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Minutes TC 11/19/2001MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB NOVEMBER 19, 2001 STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, November 19, 2001. The meeting was held within the boundaries of the Town and was open to the public. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Scott Smith Susan Edstrom Bill Matthai ScottSpence Roger Williams TOWN COUNCIL MEMBERS ABSENT: Barry Huizenga STAFF AND GUEST(S) PRESENT: Diane Cockrell Bill LeGrand David Miller Patricia Adams Gene Hill Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Secretary Director of Public Works Director of DPS Town Attorney P&Z Chairman CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Smith called the Regular Session to order at 7:37 p.m., noting a quorum was present. INVOCATION: David Miller gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mayor Pro Ten, Edstrom led the pledges. CITIZEN PRESENTATIONS: THIS IS AN OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ANY MATTER WHETHER OR NOT IT IS POSTED ON THE AGENDA. THE COUNCIL IS NOT PERMITTED TO TAKE ACTION ON OR DISCUSS ANY PRESENTATIONS MADE TO THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATIONS ON SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS. Ms. Tiffany Haetling of 150 Canyon Oaks, Argyle and Mr. Davis Palmer of 9 Panorama Trail addressed the Council. Page 2 REGULAR SESSION November 19, 2001 Mr. Jim Thomas of 7 Meadowbrook Lane addressed the Council, asking that the following be read into the record: "My name is Jim Thomas and my wife Irma and I reside at 7 Meadowbrook Lane. We have lived in Trophy Club for 17 years; and I have had the privilege of serving our community as a MUD Director since our arrival. Most of you in City Government know me, many of you quite well. I do my best to try and understand the "facts" associated with any issue affecting the residents of Trophy Club, and once understood, am not at all bashful about sharing what I have learned with others. I travel a lot in business — quite a lot the past two years. As I watched the events unfold concerning the closure of Kirkwood Blvd., I became more and more concerned that a solution, which was going to severely impact our residents, negatively, was becoming imminent. I simply could not believe that Southlake and Sabre would not work closely with Trophy Club towards a solution that all parties could live with. With the start of construction for the eventual gates on Kirkwood Blvd., I realized that all past negotiation, regardless of how much or how little, had been to no avail. I set out to better understand what had, and had not occurred, and I became frustrated, and I must admit angered, at what I learned. My travel schedule prevented me from taking direct action immediately, but I did so as soon as possible. My first action was to contact Cy Holley and discuss with him if any efforts to picket Sabre, drawing as much media attention as possible to the situation, would adversely affect his law suit against Southlake. To the contrary, Cy encouraged the pickets saying that when a Judge eventually considered his complaint, that having public unrest by residents of Trophy Club over the issue of safety, would be most helpful to his cause. Learning this, and having a young daughter who just turned 16 and will soon have to face the alternative being forced upon the citizens of Trophy Club by the closure of Kirkwood Blvd., the very dangerous intersection at Precinct Line Road. I organized a series of picketing in front of the Sabre complex. This morning was our 4th such day of picketing; and is not our last. There are a number of people that I wish to openly thank for their support of this effort. With as little time as I had to get everything organized and rolling, I appreciate so very much the donation of signboards by Gary Tomlin, which we have used every day. Also, Gary was very helpful in providing me with a complete list of media contacts, and in advising our organizational meeting, forty people, in my home, on the proper way to get the media's attention. Roger Williams was just great in joining us the first day on the picket line. Susan Edstrom was just great in joining us the second day of picketing, and Bill Matthai was just great in joining us today. To all three of you, I say thank you from the bottom of my heart. Before I began this effort, I sat down with my wife and daughter and explained to them what I was going to do, what I hoped to accomplish, and why I was doing it. I realized that Cy's case might not see a courtroom until long after Kirkwood was closed; yet, I also learned that his "approach" might be benefited tremendously by a public outcry. More importantly to me though, and what was shared with my family, was the fact that I simply could not face myself in the mirror each morning if one of our residents lost their life at Precinct Line Road, and I had done absolutely nothing to try and prevent it. I told those forty people in my home that first night exactly this, and that we had an absolutely uphill fight, that we had little chance of winning; but that if we did nothing, we had surely already lost. There was absolutely no thought whatsoever on my part to this becoming a political situation; and quite honestly, I deeply resented it when a Page 3 REGULAR SESSION November 19, 2001 recent editorial portrayed it as such. It's just plain wrong when a statement is printed out of context, and used for negative purposes. Mayor Smith, during this meeting, the group was becoming very vocal, negatively, about their perceptions of what your administration, and this Council, was not doing, and had not done, about this situation. I stopped such negative talk immediately in order to refocus everyone's attention as to why I had invited them into my home — our safety, or lack of it, associated with the closure of Kirkwood Blvd. Since Mrs. Edstrom had chosen to attend the meeting, I introduced her to the group as a council member, stated that I was confident that our city government was, and had been involved, in this issue for several years and that I appreciated her presence and wished we had 5 more just like her. Everyone in that room understood the intent of my comment — that 1 was so very thankful that Mrs. Edstrom would take time out of her schedule to attend our initial meeting. To see this in print as a "complete distortion" of what actually occurred disappointed my family and myself tremendously. Hopefully, Cy Holley's strategy will become quite obvious to those in this chamber that may not have fully understood it, and to our residents as well. If that strategy succeeds, I trust our picketing in front of Sabre was beneficial to its success. If the strategy fails, and Kirkwood Blvd. is closed, and a resident of Trophy Club is killed at Precinct Line Road, I will "always" be able to stand in front of a mirror, face myself, and say —`I tried to make a difference - I tried to prevent it.' Thank you." REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT) A. ECONOMIC DEVELOPMENT CORPORATION B • Previous meeting discussion and action Mr. Jim Hicks reported that Director Miller and Chief Tucker made a presentation regarding the bid specs for the Emergency Early Warning System. Bid tabulation and contract award are planned for January 14, 2002, with an expected 30 -day turnaround. Three vendors have submitted bids. The EDC website is completed with final review at December meeting. B. EDITORIAL REVIEW BOARD • Previous meeting discussion and action Mr. Gene Hill stated the articles and issues have been identified for the December issue. We are in the process of editing, with the final editing meeting scheduled for November 26. Plans are to go to press for distribution on or before December 1. C. PARKS AND RECREATION • Previous meeting discussion and action Council Member Matthai shared an update on the Corp Property by Hoover and Klein. Parks and Recreation Billy Hughes was appointed as representative to the CIA Task Force. The Parks and Recreation website is in need of updating. A special application form for new committee members is being designed. Still waiting on approval from the Texas Parks and Wildlife before we can move forward with 10 Acre Park. D. PLANNING AND ZONING • Previous meeting discussion and action Mr. Gene Hill stated there was not a quorum at last Thursday's meeting; as a result there will be a Special Meeting scheduled for Tuesday or Wednesday of next week. Page 4 REGULAR SESSION November 19, 2001 E. PUBLIC WORKS • Previous meeting discussion and action Bill LeGrand stated there are two contracts coming up in December. A special meeting will be scheduled for the end of the month with recommendations regarding the Summit Cove Trophy Club Contract and the Curb and Street Repair Contract available at the first Council meeting in January. Marshall Creek is ahead of schedule. Summit Cove will be advertised in the paper November 20; accepting bids on December 14. Trophy Club Drive's scheduled opening is December 1-15, 2001, TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION Council convened into Executive Session at 8:02 p.m. EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, SECTION 51.071(2), THE COUNCIL WILL ENTER INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING: CONSULTATION WITH TOWN ATTORNEY ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICT WITH THE OPEN MEETINGS ACT. (1) Legal Advice relative to developer participation contracts and drainage issues in the development of property. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION Council reconvened into Regular Session at 8:34 p.m. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING PRESENTATION, DISCUSSION AND APPROPRIATE ACTION RELATIVE TO THE REQUEST FOR PRELIMINARY PLAT APPROVAL OF A 23.5361 ACRE TRACT OF LAND ZONED PD -16, THE KNOLL, LOCATED GENERALLY TO THE NORTH OF GREENHILL TRAIL, WEST OF PANORAMA TRAIL AND SOUTHWEST OF RIDGEVIEW LANE. APPLICANT: TERRA LAND DEVELOPMENT COMPANY (PP -01-001) Council Member Williams made a motion to table this item. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION, PURSUANT TO THE TEXAS GOVERNMENT CODE SECTION (1) Legal Advice relative to developer participation contracts and drainage issues in the development of property. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING TROPHY CLUB'S PARTICIPATION IN OFFSITE DRAINAGE IMPROVEMENTS RELATIVE TO DEVELOPMENT OF THE KNOLL. Page 5 REGULAR SESSION November 19, 2001 Mr. Rusty Walker of 500 Trophy Club Drive and Mr. Bruce Moray of 536 Timber Ridge addressed the Council. Mayor Smith explained that the Council would need to establish a public purpose. He explained that when determining whether a public purpose exists, the Town Council should evaluate the nature of the issue that it is attempting to address. If the issue involves only private property and the solution would only benefit private property, then no public purpose would be served and the expenditure would be prohibited. However, if the issue affects public property or the safety of the public, it, therefore, would be an issue that the Town would attempt to resolve and a valid public purpose is served. Bill LeGrand explained that a requirement for the developer of the Knoll is to capture the water from the subdivision and not allow any water to drain on surrounding properties. The developer is requesting the Town's participation because lie is not only capturing his water but also addressing the capture of water from an existing water problem that has been there for years. Master District has declined participation in this project Town Attorney Adams explained the public purpose justification for doing this would be for any potential damage to the Town's existing infrastructure at that location if the water is not controlled, and also if there is a hazard to the public in using the roadway; if water is pooling in the road and posing a hazardous condition to pedestrians or vehicles. If it is simply a matter of water draining off of private property from developers and impacting private property residents abutting, there is not public purpose. Bill LeGrand added that this proposal would capture all the water on the east side of the subdivision and would be the proper way to handle the water and get the water into the storm drain. Several engineers have agreed this would be the proper way to handle this situation. Mayor Pro Tem Edstrom made a motion that Trophy Club not participate in the offsite drainage improvements at this time relating to the development of the Knoll based on the fact that there is not a public purpose and that this relates to private property owners. Council Member Williams seconded; motion carried 3-0-1 with Council Member Matthai voting against. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE TOWN TO ENTER INTO DEVELOPER COST PARTICIPATION CONTRACTS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS; PROVIDING FOR DUTIES OF THE PARTIES AND LIMITATIONS FOR TOWN COST PARTICIPATION UNDER CONTRACT; REQUIRING THE DEVELOPER TO PROVIDE A PERFORMANCE BOND; PROVIDING FOR ADDITIONAL SAFEGUARDS AND INSPECTION OF DEVELOPER'S RECORDS; REQUIRING APPROVAL OF ALL DEVELOPER PARTICIPATION CONTRACTS BY ORDINANCE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Bill LeGrand advised that this ordinance allows for participation in the future. Council Member Williams made a motion to approve the ordinance as written. Mayor Pro Tem Edstrom seconded; motion carried unanimously. Page 6 REGULAR SESSION November 19, 2001 TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-14 WHICH ESTABLISHED PROVISIONS FOR THE TOWN COUNCIL PROCEDURES POLICY; SETTING FORTH AND ADOPTING NEW PROVISIONS FOR THE TOWN COUNCIL PROCEDURES POLICY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Diane Cockrell stated the Council requested the Council Procedure Manual be amended to reflect that when residents submit written statements that are "for the record" and the statement is submitted by a third party, the statement will need to be submitted by 9 a.m. on the date of the meeting to allow sufficient time to verify the statement; or if the statement cannot be verified before the meeting, the statement would be read at the next regularly scheduled meeting. Mayor Pro Tem Edstrom made a motion to approve the ordinance. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, RATIFYING THE TERMINATION OF THE INTERLOCAL AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB AND THE TOWN OF WESTLAKE FOR EMPLOYEE SERVICES, SUCH TERMINATION EFFECTIVE OCTOBER 31, 2001; AND PROVIDING AN EFFECTIVE DATE. Town Attorney Adams explained that in February of this year, the Town Council approved a contract between Westlake and Trophy Club agreeing that we would take on the two Westlake employees who would receive the same benefits as those of other Trophy Club employees. With all the growth in Westlake, they were going to add five more employees. In discussions with staff regarding liability issues, the increased administrative burden, and in the best interest of Trophy Club, Westlake was in agreement to terminate this contract. Mayor Pro Tem Edstrom made a motion to approve the resolution. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, EXPRESSING ITS OFFICIAL INTENT TO REIMBURSE THE TOWN TREASURY FOR STREET IMPROVEMENT EXPENDITURES MADE PRIOR TO THE ISSUANCE OF OBLIGATIONS IN CONNECTION WITH SUCH EXPENDITURES FOR THE PURPOSE OF, CONSTRUCTING AND IMPROVING TOWN OF TROPHY CLUB STREETS; PROVIDING THAT ALL COSTS REIMBURSED SHALL BE CAPITAL EXPENDITURES; PROVIDING TIME FRAMES FOR THE ISSUANCE OF TAX EXEMPT OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE. Bill LeGrand stated that this resolution is a requirement to show that the expenditures we paid for engineering fees and design plans will be reimbursed through the bond fund. Council Member Matthai made a motion to approve this resolution. Mayor Pro Tem Edstrom seconded; motion carried unanimously. Page 7 REGULAR SESSION November 19, 2001 TOWN COUNCIL TO CONSIDER AND ADOPT A PROCLAMATION OF TIIE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, URGING THE CITY OF SOUTHLAKE TO CONSIDER THE NEGATIVE EFFECT THAT THE CLOSURE OF T.W. KING ROAD WILL HAVE ON PUBLIC SAFETY AND THE IMMEDIATE AND IRREPARABLE INJURY THAT THE CLOSURE WILL HAVE UPON THE CITIZENS OF TROPHY CLUB AND THE GENERAL PUBLIC; REQUESTING THAT SOUTHLAKE CONSIDER THE CONCERNS OF THE TOWN AND THE NEGATIVE IMPACT THAT THE CLOSURE OF THAT ROAD WILL HAVE UPON THE PUBLIC BEFORE PROCEEDING WITH THE DECEMBER 1" CLOSURE OF T.W. KING ROAD; REQUESTING THE CITY OF SOUTHLAKE TO PREVENT THE CLOSURE OF T.W. KING ROAD; AND PROVIDING AN EFFECTIVE DATE. Mayor Smith explained that Mr. Holley asked us to consider this proclamation. The Mayor has a meeting scheduled with Mayor Stacy and City Manager Campbell. Mayor Pro Tem Edstrom read a statement regarding support for this issue. Mayor Pro Tem Edstrom made a motion to approve with the change from: T.W. King Road to: T.W. King Road/Kirkwood Boulevard. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING REGULAR SESSION MINUTES DATED NOVEMBER 5, 2001. Council Member Williams made a motion to approve the Regular Session minutes dated November 5, 2001 as amended. Council Member Spence seconded; motion carried unanimously. November 5, 2001, amended minutes now read: Page 5, Paragraph 7 Mavor Smith stated that any concerns regardine a "conflict of interest' existing with my band playing for Club Corp should be dismissed by the information that Patricia Adams will provide. This should bring closure to this issue. COUNCIL AND STAFF REPORTS: • DONNA WELSH o DPS Negotiations c East Entrance Diane Cockrell gave a report for Donna Welsh. • MAYOR PRO TEM EDSTROM o East Entrance No report. • COUNCIL MEMBER MATTHAI o Council Communications Council Member Matthai gave a report. • DIANE COCKRELL o Committee Openings —Public Relations, Public Works, EDC -A, Ways & Means Diane Cockrell gave a report. Page 8 REGULAR SESSION November 19, 2001 • PAUL ROSENBERGER o Status of new businesses coming to Trophy Club. Bill LeGrand gave a report for Paul Rosenberger. ADJOURN. Mayor Pro Tem Edstrom made a motion to adjourn at 9:30 p.m. Council Member Matthai seconded; motion carried unanimously. 0V TRpp� ay 'r, Town oY r by Club, Texas h ATTEST: zeiw'-� loe Town Secretary,/Town of Trophy Club, Texas