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Minutes TC 03/11/2002 - Special SessionMINUTES OF SPECIAL TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB MARCH 11, 2002 STATE OF TEXAS COUNTY OF DEMON The Town Council of the Town of Trophy Club, Texas, met in Special Session on Monday, March 11, 2002. The meeting was held within the boundaries of the Town and was open to the public. SPECIAL SESSION TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Susan Edstrom Bill Matthai Barry Huizenga Scott Spence Roger Williams STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Jim Moss Brad Glasco Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Finance Director Candidate Candidate CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Smith called the Special Session to order at 8:00 a.m., noting a quorum was present_ INVOCATION: Council Member Huizenga gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Council Member Spence 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 PERMFITED 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. Mr. Neil Twomey of 203 Oakmont addressed the Council. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO THE PROPOSED AGREED JUDGMENT / SETTLEMENT AGREEMENT FOR THE PENDING LAWSUIT ARISING OUT OF THE TROPHY CLUB / WESTLAKE DEPARTMENT OF PUBLIC SAFETY CONTRACT, SUCH LAWSUIT BEING STYLED THE TOWN OF WESTLAKE, TEXAS V. THE TOWN OF TROPHY CLUB, TEXAS, TROPHY CLUB MUNICIPAL DISTRICT NO. 1, AND TROPIIY CLUB MUNICIPAL UTILITY DISTRICT Page 2 SPECIAL SESSION March Il, 2002 NO. 2, CAUSE NO. 153-191410-02, DECLARATORY JUDGMENT PETITION; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO SIGN ALL NECESSARY DOCUMENTS. Mr. Walter Fitzpatrick of 7 Creekmere Drive addressed the Council. A draft of the agreed judgment was distributed. Town Attorney Adams explained that the Town of Westlake prepared the initial draft, which was then forwarded to the Town and MUD attorneys. The attorneys have reviewed the draft, made changes, which are redlined, and added appropriate legal language at the end of the agreement. Discussion ensued Council Member Matthai made a motion to approve as written. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ORDERING AND CALLING A BOND ELECTION TO BE HELD ON MAY 4, 2002 FOR THE PURPOSE OF ISSUING CERTIFICATES OF OBLIGATION TO CONSTRUCT PHASE II AND PHASE III OF THE 10 ACRE PARK AND COMMUNITY SWIMMING POOL WITH A TOTAL AMOUNT NOT TO EXCEED $1,400,000.00 AND WITH FUNDING TO BE GUARANTEED BY EDC 4B; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTION; PROVIDING A CUMULATIVE CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Smith asked why the funding was to only come from EDC 413, and not EDC 4A or both. Town Attorney Adams explained at the time this resolution was created, EDC 413 was the only EDC mentioned. The resolution can be amended to add EDC 4A at a future meeting. Mr. Jim Moss of 979 Trophy Club Drive addressed the Council Discussion ensued. Council Member Huizenga asked that the following be for the record: I wanted to request that this be put on this agenda. There's been an excessive amount of information out there that just sometimes flabbergasts me. I know that in the last couple weeks the word circumvent has just been thrown all over the place, some people are trying to circumvent the process by getting the two EDCs together, and having them look at each other, instead of, Well, what do they think? What do they think? Have them sit in a room and hear what the possibilities are regarding funding the pool. The other thing that has come up, "Oh yeah, now they're telling everybody that this isn't real tax money. We recognize that this is real tax money. This is an opportunity to fund an amenity without adversely affecting the ad valorem tax rate and the Town has enough budget challenges ahead of us right now with the dissolution, or possible dissolution of DPS and those budgetary constraints that come along with that. This seems like a great mechanism to at least explore, now I call it off-line funding. Now that doesn't mean anyone is trying to hide anything, that means this is a revenue stream that has been faithfully coming in and faithfully increasing, and I guess the two EDCs as they've currently discussed it have not figured on that amount increasing at all and they could still handle it. An informational meeting or Page 3 SPECIAL SESSION March 11, 2002 a joint meeting of the EDCs was called to explore this and see if they were even interested in it. They were very interested in it. Another meeting was called. It was just a completely positive meeting about how this has come about, how we can go forward with it, and what we could do with the possibilities of it. And then the additional two park phases that were put in there that is strictly just financial prudence. And I think everybody that's looked at it has said as much, you know, that could be paid out of the City budget, it just makes sense to grab that, to take those, I guess stresses off the Town budget in the next couple years, get that taken care of, and then just spread it out a little bit over a few years. And nobody to my knowledge at least at any of the two joint EDC meetings has been at all critical of that thinking. One of the concerns that did come up was that if the EDCs do so choose to go forward with this and the 1.4 million is put out there, that the Town doesn't all of a sudden say, "Oh, our budget looks really good," and then down goes the tax rate again, and that money is never reallocated in a sense back to Parks and Rees. That because this constraint or stress has been taken off and then all of a sudden they think they are in a great financial position, and then the budget goes down and down again. I know that a couple members of the Ways and Means will be pretty adamant about that when they come and make their presentation regarding this pool. To me, the EDCs are helping us out, and I think we've got to recognize that. And I think we also have to recognize that three votes have been taken in this town. One was for EDC -B. And EDC B at that time, that vote was because there was enough budgetary constraints and that an EDC could collect sales tax for the exclusive purpose of funding parks, recreation, entertainment, stuff like that. Another vote was taken for EDC A, which was said, "Do you want to create another economic development corporation?" And the second question was asked in this past, heads above everything, was, "Do you want to use to fund for capital improvements for parks?" So, the timeline, I guess, that we recognized a ways off was, the CIA set a vote of the membership for dissolution, for transferring of assets of the CIA, and it made sense while they were waiting to take that vote, to put together a task force to make sure this city just wasn't running straight into a whole pit of snakes and straight into a brick wall. A task force was created and the first group of citizens on it had basically came to the conclusion there's just really no down side for the Town, I guess to basically absorb the CIA and their responsibilities, to take their assets for the exclusive purpose, and their land for the exclusive purpose of funding and building a pool. We didn't find a single roadblock with that Task Force. So now that study's been done; we don't have to revisit that. The CIA has taken the vote. I was happy with the vote. I was surprised after all of the controversy in this town over, you know, 240 and this, and pool, and money and CIA go away with only 600 and some people voted, that really amazed me out of 2050 members, but that's how they did. And the ones that did vote, I guess recognized that that was the thing to do. So, I guess, what we have here now is kind of concurrent timelines, and it's a little bit of a crunch, but it can be done. And the reason I wanted it on today's agenda is because if there was any glitches on the 18`s, number 1, we're running up against the timeline, I think from the 18`' its actually 46 days to election. So if there was any glitch on the evening of the 18`s, we've got a problem by the time we would post, get the Council back together, we would be outside our 45 day window that I understand this needs to be voted for. So, we got concurrent timelines going, but I think we've got intelligent enough people around here, that I think we can handle all that. I just think we just need to get a vote so that we're going in the right direction. I guess I was surprised at the other night's EDC meeting that, I guess I didn't understand why so many people left when they did but they did. At some point, the room just cleared out and to me that's when, I guess, when the real meat of the meeting started and that is when resolutions or motions start to be made by EDC -A of what they were willing to do and I guess the nuts and bolts of the whole thing. We had the financial guys over there crunching numbers, figuring out what percentage they could take on of a certain amount of debt. And it was recommended by one of the members of one of the EDCs, that he just, he recommended to both EDCs that this be put to a vote and a lot nodding heads, and I guess what surprised me is several of the people that left early, we're real concerned that this was going to get shoved through, and that we were going to circumvent the process and no vote, and you know, they're just going to ram it down our throats again. That was never the intent. That was workshop between the two EDCs and then the nuts and bolts of the meeting sort of started. So a lot of people missed out on I think a lot of good information and a lot of Page 4 SPECIAL SESSION Nlarch Il, 2002 consensus basically from everybody that was at the table and in the room. So I guess here we have, in my opinion, a great opportunity for this Town to put just a hot item to rest, and just get on with it, and do it, and what I consider, I'm not a financial mind, but there's plenty of them around. Pete Reincke being one of them. Neil Twomey. That Ways and Means and EDC -A has plenty people running around that get finances, and they get funding mechanisms, and they get impacts, and they know how to put together financial plans. And it is true, the EDCs can handle this and still handle other projects. This just doesn't flat strap them to owning a pool for the next twenty years. They'll have money to fund independent projects out of it. So, with all that being said, I guess it disappoints me that we're still throwing around this. You know, we have a turnaround of the feeling of some members of the Council. I don't know why anybody would ever say that because I have never uttered words out of my mouth that I did want ... I never uttered it the other way, either. I never said, "Geez, we need to have a vote about this, but I never said, we don't need to have a vote about this. So how, unless somebody was, you know, was getting this information, I don't know how anybody would ever know how I felt regarding this pool. Nobody's ever directly looked at me and said, "You want to vote on this?" This ever occurred out of my mouth, no. So, I don't know where we get that information or maybe it isn't even directed to me, maybe it's directed somewhere else. I guess that disappoints me that that's even got to be gone over today. So, I'm enthused about the opportunity we have here. I know I've been a little long winded, but I just think we need to knock off all the rhetoric, and I just think we just need a lot of people in this town to just get behind this because it's a financial prudent thing to do, it's a workable thing to do. EDC -B tonight is going to discuss it, and they're going to entertain taking on some of the operational maintenance for a couple years, with a clear indication of when it is that they would not like to do that anymore, if they were not going to do that any more. Pete Reincke and the Ways and Means has committed to me to do an outstanding financial plan on this. Turn the screws to it, screw it down tight when it comes from Parks and Rees, get a real cost of this thing, and put it to the vote and see what people think of it. So, all that being said, I'm a tittle disappointed, well, not disappointed, I'm a little bummed out that I guess our agenda items wasn't as clean as I like it to be, but I think we're all smart enough to know what we're doing here, so far I've been real pleased with the, I guess, the support so far of all the Council members that have spoken. We'll just, hopefully the vote will put this thing to bed; hopefully, it will pass and we'll be able to get the pool built in this Town and get on to play. So, thank you. Town Manager Welsh stated that EDC -A, EDC -B, and Ways & Means have worked very hard to make this happen. There will be a complete financial presentation for the pool at the March 18" Council meeting. Council Member Huizenga made a motion to approve. Council Member Matthai seconded; motion carried unanimously. ADJOURN. Mayor Pro Tem Edstrom made a motion to adjourn at 9:15 a.m. Counci ei er M tthai seconded; motion carried unanimously. 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