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Minutes TC 12/04/2006MINUTES OF REGULAR TOWN COUNCIL MEETING FOR 'THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, December 4,2006 7:00 P.M. STATE OF TEXAS 0 COUNTY OF DENTON 0 The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, December 4, 2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Roger Williams Pam Cates Susan Edstrom Philip Sterling Gregory Lamont STAFF AND GUEST(S) PRESENT: Brandon Emmons Lisa Ramsey Patricia Adams Beth Ann Gregory Sakura Moten-Dedrick Danny Thomas Mike Pastor Shelly Klein Scott Kniffen Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Town Attorney Community Development Director Finance Director Fire Chief IS Manager Network Support Specialist Police Chief A.l Mayor Sanders called the Regular Session to order at 7:05 p.m. noting a quorum was present. A.2 Mayor Sanders gave the Invocation. A.3 Mayor Pro Tem Williams led the pledges. i A.4 Discuss and take appropriate action regarding a Proclamation congratulating Samuel Beck Elementary School for their 2006 Lighthouse Blue Ribbon Achievement. Mayor Sanders read the Proclamation and announced that he will present the Proclamation on Friday, December 81h at Beck's reception honoring this achievement. Motion made by Edstrom, seconded by Williams to approve the Proclamation. Motion passed unanimously without discussion. - A.5 Citizen presentations. I Neil Twomey, 203 Oakmont Drive - Spoke to the conduct of Council member Lamont at the November 271h Ways and Means meeting and requested that he follow the process of submitting his request to the items for future agendas to be addressed by the Council. Bob Radder- 1 Lee Court - Gave his time to Neil Twomey. Pauline Twomey, 203 Oakmont Drive - Responded to Council member Lamont's comment at the November 201h Park Board meeting, repudiating that the Parks Chair encouraged the Parks members not to volunteer for special events and listed all Boards and groups that the P & R Board members currently volunteer for. 1 Kathleen Wilson, 34 Meadowbrook Lane - Gave her time to Pauline Twomey. Rhonda Radder 1 Lee Court - Gave her time to Pauline Twomey. A.6 Presentation on the Feasibility Study for Treated Water from Upper Trinity by Kerry Marony, representative of Biggs and Matthews, and discussion of same. Mayor Sanders acknowledged MUD Directors, Dean Henry, Jim Hase and Gary Cantrell, MUD Manager, Walter Fitzpatrick and introduced Kerry Maroney. Town Manager Emmons explained that together with Westlake the Town has been researching alternative water sources. One option would be to acquire water from the UTRWD with the transmission supply line from 377 and Stonecrest Road. Kerry Marony presented an overview of the Feasibility Study for Treated Water Supply from UTRWD. Mayor Pro Tem Williams questioned if the easements cross the .CORP. Mr. Maroney confirmed the easements do cross the CORP, but does not see this as a fatal flaw as the CORP has already agreed to talk about a corridor. Council member Cates questioned the ease of putting together a legal agreement with Westlake. Council member Lamont questioned the affect on debit services should the PID be rejected. Town Manager Emmons answered the development of the Highlands and Solana will require additional water supply in addition to the supply currently provided by the MUDS. Mayor Sanders confirmed the meter equivalent, the size of the current ground storage facility and that MUD Manager, Walter Fitzpatrick was provided a copy of the study. No action was taken. All matters listed as Consent Aqenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Motion made by Edstrom, seconded by Williams to approve the Consent Agenda, tem B.1. Motion passed unanimously without any discussion. B.l Consent Agenda: Discuss and take appropriate action regarding a contract with Bailey Environmental for Consultant Services for Health Inspections; and authorizing the Mayor or his designee to execute necessary documents. End of Consent Agenda Mayor Sanders moved Items D.1 and D.2 to the beginning of the Regular Session. Town Council entered into Executive Session 8:06 P.M. TOWN COUNCIL CONVENED INTO REGULAR SESSION. REGULAR SESSION C.l Discuss and take appropriate action regarding a resolution to renew membership in the Texas Building and Procurement Commission Cooperative Purchasing Program (TBPC Co-op). Town Manager Emmons explained this is a state based buying cooperative that enables staff to save money on a variety of purchases from technology to equipment and vehicles. The annual cost is $100 and this would begin our third year of participation. Motion made by Williams, seconded by Sterling to approve. Motion passed unanimously without any discussion. C.2 Discuss and take appropriate action regarding the expenditure of GASBl34 funds for the financial and utility billing software upgrade. Town Manager Emmons offered the upgrade was approved in this year's budget and will be a split cost between the Town and MUD. STW has developed a new web based product that will enhance reporting and will enable online credit card payments. The total expenditure for each entity is projected at $39,174. With Council approval, this expenditure will be funded from our GASBl34 account. Motion made by Edstrom, seconded by Williams to approve. Council member Cates questioned why the Town was buying a program for utility billing program. Town Manager Emmons answered the Town is splitting the costs with the MUDS; the Town bills for part of storm sewer and waste services. Motion passed unanimously without further discussion. C.3 Discuss and take appropriate action regarding an lnterlocal Agreement with the City of Southlake for Animal Control Services, and authorizing the Mayor or his designee to execute necessary documents. Town Manager Emmons explained the lnterlocal Agreement will allow our ACO to work in Southlake and vice versa as emergency back-up for vacations, as well as situations that would overwhelm either municipality's resources. Motion made by Edstrom, seconded by Sterling to approve. Council member Cates verified the lnterlocal will not address the TW King area. Council member Lamont clarified the Town's ACO also serves as Code Enforcement. Motion passed unanimously without further discussion. C.4 Discuss and provide input regarding the Town of Trophy Club's future annexation plans and discuss and take appropriate action regarding the approval or denial of a Resolution directing the Planning and Zoning Department, through the Town Manager, to prepare a service plan for that certain part of the Town's extraterritorial jurisdiction described generally as approximately 21.1346 acres in the M. Medlin Survey, A-832. Town Manager Emmons said the purpose of this item is to provide input regarding annexation 'of land in the Town's ETJ. Emmons confirmed staff notified the four property owners last week and only one has responded that they do not want to be annexed. If Council is interested in pursuing annexation of property in the ETJ, the first step would be to direct the Planning and Zoning Department to prepare a service plan providing for the extension of full municipal services to the annexed area. The Resolution documents Council's direction to the Planning and Zoning Department through the Town Manager to prepare a service plan. Motion made by Williams, seconded by Edstrom to approve. Council member Cates questioned why the other three acre tracts of land were not included. Mayor Pro Tem Williams amended his motion to include the other three acre tracts. Town Attorney, Patricia Adams advised the motion was outside of the posting. Motion passed unanimously without further discussion. With no objections from the Council, Mayor Pro Tem Williams directed the Town Manager to proceed with the annexation of the other three acre tracts. C.5 Items for Future Agenda. Mayor Sander commented the Fees Ordinance was added and moved to January. The Sports Associations have been contacted and the P & R Board and staff will review and provide a recommendation to the Council. The Handbook for Elected official is currently scheduled for December 18'~. Staff is researching an Ethics Ordinance and standards of conduct to include to the Handbook. Council member Sterling is concerned about shrubs growing longer and higher than the eaves of a house and requested for this item to be added to the list. C.6 Reports. (a) Town Council report from EDC 4A Liaison, Council member Edstrom, and EDC 4B Liaison, Council member Sterling. Council member Edstrom deferred to Town Manager Emmons for the update. Emmons advised the discussion dealt with meeting times and dates and whether to separate the Ways and Means meeting from the EDC meetings. Council member Sterling reported the presentation made by the Buxton Group was very informative and that the Board discussed a tax abatement schedule. (b) Town Manager's Report. Town Manager Emmons gave his report. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 8:06 P.M. EXECUTIVE SESSION D.l Pursuant to Texas Government Code 9551.073, Deliberation Regarding Prospective Gift, and 9 551.071(a) and (b) Consultation with Attorney, Council will enter into executive session to deliberate a negotiated contract for a prospective gift or donation to the governmental body where deliberation in an open meeting would have a detrimental effect on the position of the Governmental body in negotiations with a third person and to consult with the Town Attorney on pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas disciplinary rules of professional conduct of the State Bar of Texas clearly conflicts with the open meetings act: a. Proposal by Beck Properties to resolve disputed park land dedication matters, release of claims, and proposed "charitable dedication" by Beck Properties. TOWN COUNCIL RECONVENE INTO REGULAR SESSION AT 8:56 P.M. *REGULAR SESSION D.2 Discuss and take appropriate action relative to Executive Session Item Number Dl, proposal by Beck Properties to resolve disputed park land dedication matters, release of claims, proposed "charitable dedication" by Beck Properties and matters related to the parkland dedication dispute and its resolution. Mayor Sanders introduced the item as a unique request to treat as a charitable dedication as this is no longer related to a plat issue of parkland dedication. There are several open issues dealing with parkland dedication that may have been related to Hogan's Glen and other developments and the fact that there was going to be a trail system through Hogan's Glen which is no longer go to happen. Council member Edstrom would not support as a charitable dedication based on the 1999 parkland dedication requirement in lieu of money was an agreement for a trail system in Hogan's Glen, which as Hogan's Glen has built out has since became an issue for the residents. Edstrom believes that there is still parkland dedication owned to the Town. Edstrom supports a Resolution of the parkland dedication of Hogan's Glen, but not as the proposal was submitted. Mayor Pro Tem Williams is concerned about tax liabilities should they approve a charitable donation that the IRS does not approve. Williams requested a more definitive statement of what the full release actually includes. Scott Beck confirmed the release is only for parkland dedication; including all of the issues listed in Roger Unger's letter dated October 24, 2005 and any other issues that he is not aware of. Beck is not aware of all of the issues and does not believe anyone in the Town knows either, as the Town's common practice is to take parkland dedication at the time of platting that did not occur for Hogan's Glen. Beck said he was not privy to the disputes between his father, Council member Edstrom or John Harbin. The letter is an outline of all the various things over the past 14 years and since he has been associated with the property. This letter is essentially a request to let bygones be bygones; whatever the Becks have done for the Town, or the Town for the Becks is water under the bridge. Beck said in terms of the actual issue of treating this as a charitable contribution is a separate issue; this would have to be done as a charitable contribution as it is owned by a different entity than the one who developed Hogan's Glen. This entity is a totally separate entity with totally different partners and there is no land owned by Beck Properties Development One LP anymore, except for the four lots left to be sold in Hogan's Glen. Beck does not see a legal issue as it relates to a chartable contribution because there are two entities involved. Mayor Sanders asked who owns the lots at Harmony Park. Beck responded Beck Properties Trophy Club LP and also owns Lawrence Beck Park. Beck stated Beck Properties Development One LP owns the four remaining lots of Hogan's Glen. Beck explained that Beck Properties Development One LP, a development company which is a different ownership than Beck Properties Trophy Club LP. Beck said things were bought at different points and under different partnerships that were set up. Although they contain the name Beck, they do not have the same ownership structure and therefore cannot move land from one to another. Council member Cates questioned the value of the four lots in Hogan's Glen. Scott Beck averaged between $85,000 to 120,000, uncertain of the specific lots remaining. Mayor Sanders explained one dispute is that Hogan's Glen was platted with a planned trail system in lieu of parkland dedication. This is no longer feasible due to the homeowners wanting to keep a secured entrance. Beck replied that dispute would not be between Beck Properties One LP and the Town but should be between the Town and the HOA of Hogan's Glen, as it does not make sense for the city to make a claim against the developer. Mayor Sanders' understanding is the developer should have given the Town the parkland dedication. Beck disputed that it is a matter of due course and the city has the responsibility and a permitting process to take land at the time of permitting. Mayor Pro Tem Williams recalled John Harbin telling the Council the trail system was the parkland dedication. Council member Edstrom clarified that this agreement was reneged on by Beck Properties when they were the majority owner. Beck Properties had the majority control and locked the gates of Hogan's Glen. Beck replied Beck Properties does not have any responsibilities as it relates to Hogan's Glen and Beck Properties Inc. has never had anything to do with anything related to Trophy Club. Mayor Pro Tem Williams confirmed Beck Properties is not responsible and that Beck Properties Development One LP developed Hogan's Glen. Williams and Edstrom agree that Beck Properties Development One LP is the entity that owes the Town parkland dedication and can pay in form of land or money. There was no HOA at the time the agreement was established and is Beck Properties Development One LP responsibility to fulfill this agreement. Mayor Sanders summarized the issue is who owes what, there are several different entities, and Beck is stating that a different entity owns the lots at Harmony and Beck Parks. The Town has an interest in those pieces of property that has been expressed for some time. The problem becomes how the Town gets the land and Council's concern that the proposal is a settlement of all matters. Sanders suggested delineating the separate issues and then come to an agreement. Beck asked what the dollar amount Council felt is owed by Beck Properties Development One LP owes. Mayor Pro Tem Williams advised the amount would need to be calculated based on the value of the platted land at that time. Beck questioned if he gave dollars, could he then keep the lots, sell the lots at Harmony Park and keep Lawrence Beck Park and turn it in to a recreation center. Mayor Sanders replied that there are separate issues with different entities issues so each would need to be dealt with independently and the letter does not state this. Beck explained the letter covers the all of the separate 5 entities; Beck Properties Trophy Club LP together with all affiliates and assigns Beck, which is every entity that is any way related to Beck Properties Trophy Club LP is an affiliate and or assigned. Council member Sterling said Beck's interpretation of the entities covered in letter, it does not matter which entity the payment comes from. Beck explained the letter says if the Town agrees that there is not anything due, they can take the gift from another entity. Council member Cates clarified this letter would forgive all entities of Beck. Diane Ziegler, 10 Stephens Court - As a resident of Hogan's Glen was very upset when P & Z met on July 10, 1999 to discus this parkland dedication as they built their home in a guard gated community. Ms. Ziegler requested to see the agreement between the Town and John Harbin, but was not provided a copy, as it was a verbal agreement only. Therefore there is not agreement and no parkland dedication. Mayor Pro Tem Williams clarified with Town Attorney Patricia Adams that a verbal agreement does constitute as an agreement. Motion made by Edstrom, seconded by Cates to reject the proposal as provided by Beck Properties and directed the Town Manager to enter into negotiations with Beck Properties as appropriate to determine where to go from here. Council member Edstrom recognizes the residents of Hogan's Glen desire to keep their community gated, however her goal is to ensure that the Town receives what is due to them from 1999, which is land in lieu of dedication. Council Member Sterling questioned the acreage agreement at the time this occijrred. Town Attorney Adams the development spanned a few years so she would need to look at the Ordinance for changes to verify. Town Manager Emmons stated per the letter a total of 5.37 acres. Motion passed unanimously. Scott Beck clarified there is no way to get the Town the land; legally it cannot be done as it is a different entity and the land cannot be moved out of Beck Properties Trophy Club LP to a different entity to satisfy this obligation. Beck is unsure what Council voted on. He spent a lot of money for attorneys to figure out a legal way for the Town to accept this and the Town would end up with twice as much property with this agreement as they would under the parkland dedication from Development One LP. Beck concluded this does not help the situation or the Town getting the parkland dedication and is going to be a Mexican standoff for the next 50 years. Council member Cates questioned if the five lots could each be sold for $85,000 and the proceeds be used to purchase the appropriate necessary parkland from other entities. Town Attorney Adams understand the land cannot be moved from one entity to another but is perplexed how Beck claims the authority to settle all claims on behalf on all entities yet does not have the authority to move land around. Adams suggested that the Beck entities come up with an arrangement and then as a consolidated front come to Council with an agreement. Beck answered he is a representative for each entity, they are owned by separate partnerships, each entity and land cannot be moved from one to other. Beck said all land except commercial has been sold off and asked for a blanket statement that the Town would not come back to him for something his father promised 14 years ago. Adams suggested that the Beck ownerships agree amongst themselves and consolidate as they appear in the Jaworski letter. Beck contended the different owners of the entities and one entity would not want to settle an obligation for another entity and pay for that when there are different partners. Mayor Sanders advised Beck this is not going to be solved until the facts are clear. The two disputed items are; how to solve the parkland dedication related to Hogan's Glen and the promise of gifted funds that still has not been resolved. The Town is interested in acquiring the land next to Beck and Harmony Parks but is unsure how to accomplish this without clearly solving these two issues. Sanders suggested that Beck's Attorney work with Town Manager Emmons and Town Attorney Adams to come to an agreement. 6 E.l Adjourn. Motion made by Edstrom, seconded by Williams to adjourn. Meeting adjourned at 9:35 p.m. Nick Sanders, Mayor Town of ~r&h~ Club, Texas Town of Trophy ~iub, Texas