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Minutes TC 03/18/2002MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB MARCH 18, 2002 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, March 18, 2002. 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 Barry Huizenga Roger Williams TOWN COUNCIL MEMBERS ABSENT: Scott Spence STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger David Miller Patricia Adams Paul Rosenberger Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Finance Director Director of DPS Town Attorney Community Development Mgr. CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Smith called the Regular Session to order at 7:32 p.m., noting a quorum was present- INVOCATION: resent INVOCATION: Gary Tomlin gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mr. Jim Carter 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. Mr. Rick Gilliland of 211 Phoenix, Ms. Margaret Best of 27 W. Hillside Place, and Mr. Don Cotton of 538 Timber Ridge addressed the Council. PROPOSED PARKS PROTECT/FUNDING OPTIONS Page 2 REGULAR SESSION March 18, 2002 TOWN COUNCIL TO HEAR A PRESENTATION FROM STAFF, THE PARKS AND RECREATION COMMITTEE, AND THE HK GROUP, INC., AND DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE CONCEPTUAL DESIGN AND COSTS FOR A PUBLIC POOL. Mr. Tom Ritz of 3 Cimarron Court, Mr. Rick Gilliland of 211 Phoenix, and Mr. Jon Seale of 5 Greenbrook Court addressed the Council. Mr. Billy Hughes, Chair of the Parks and Recreation Committee, gave a presentation of the "conceptual pool plan and cost estimate" and distributed a program statement. The goal is to develop an outdoor swinuning pool design that will serve the needs of the community for recreational, exercise, and competitive purposes. The actual swimming pool is primarily for swimming and general recreational use, but should accommodate the teaching of swimming lessons, competition, and health classes/exercise. Mr. Tom Hoover of HK Group explained the actual proposed facility. Discussion ensued. Mayor Pro Tem Edstrom made a motion to approve the conceptual plan, as presented by Parks and Recreation Committee, and request that they come back at the next council meeting and provide Council with the input to the questions that the Council had. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A PRESENTATION BY EDC -A AND EDC -B WITH RESPECT TO FUNDING OF A COMMUNITY POOL AND PARK FACILITIES IN CONJUNCTION WITH THE FISCAL 2003 BUDGET REQUIREMENTS. Ms. Margaret Best of 27 W. Hillside Place and Mr. Brad Glasco of 15 Creekside Drive addressed the Council. Mr. Neat Twomey explained that the EDCs are trying to shift some of the burden for the 10 acre park off of the Town budget for 2003 — 2004. EDC -A will take on 75% of the debt. EDC -B will take on 25% of the debt. Mr. James Hicks added that EDC -B supports the information provided Mayor Pro Tem Edstrom added that EDC -B agreed to fund the first five years of the pool's operations; the first two years at 100%; the third year at 80%; the fourth year at 50%, and the fifth year at 20%. Mayor Smith asked the Town Attorney if there should be a legal document/agreement between the Town and EDC -A and EDC -B regarding the funding of this debt. Roger Unger stated that Bond Attorney Pete Tart advised him that other towns have used an agreement. This will be an agenda item following the accepting of the bond Sale. Mayor Pro Tem Edstrom asked to clear up the record because of a statement made in a paper recently; that using the EDC'S funds in this way, "...oppose financing the pool with EDC's funds because this is not the way EDC was sold to the citizens." Mayor Pro Tem Edstrom then read the 1996 Proposition as it read on the ballot for EDC -B. She also read the 2000 Proposition for EDC -A. Mayor Pro Tem Edstrom stressed that it should be understood that both EDCs were created under the premise to make capital improvements to parks. Page 3 REGULAR SESSION March I8, 2002 Council Member Williams made a motion to direct Roger Unger to draw up the proper documents to file our application with the EDC'S. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A PRESENTATION BY THE WAYS & MEANS WITH RESPECT TO FUNDING OF A COMMUNITY POOL AND PARK FACILITIES IN CONJUNCTION WITH THE FISCAL 2003 BUDGET REQUIREMENTS. Mr. David Neal brought the concern to the floor that it is important to consider the second and third phase of the park. Further, advising Council to be cautious when funding the additional amenities for the pool, as the Town would be hard pressed to keep from raising the tax rate. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CALLING A TAX BOND ELECTION TO BE HELD ON MAY 4 2002 FOR THE ISSUANCE OF BONDS TO CONSTRUCT, IMPROVE AND EQUIP A MUNICIPAL PARK AND SWIMMING POOL; 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 PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Town Attorney Adams explained the proposition. Mayor Pro Tem Edstrom made a motion to adopt the ordinance as written. Council Member Williams 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, REPEALING RESOLUTION NO. 2002-10 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; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Smith and Town Attorney Adams explained the reason for this resolution. Council Member Williams made a motion to repeat Resolution 2002-10. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING ESTABLISHING A STEERING COMMITTEE FOR THE MAY 4 2002 BOND ELECTION Ms. Pauline Twomey of 203 Oakmont Drive addressed the Council. Mayor Smith announced his recommendations for the bond steering committee: Richard Hobday, J.D. Harvey, Barb Tweedie, James Moss, Jonathan Witherspoon, Worth Blake, and Dan Kamp. Mayor Smith has spoke with each candidate and all have accepted. The Mayor requested Council back his recommendation for Richard Hobday as Chair of the Steering Committee. Page 4 REGULAR SESSION March 18, 2002 Council Member Williams' bond steering committee candidates are Dan Kamp and Richard "Dick" Hobday. Council Member Matthai's candidates for the bond steering committee are Billy Hughes, Kathy Palmer, Margee Best, Patti Behar, and Jon Seale. Mayor Pro Tem Edstrom stated her candidates for the bond steering committee are Neal Twomey, Randy Sudderth, and Barb Tweedie. Council Member Huizenga's candidates for the bond steering committee are Gregory Williams and Darren Klauser. After a question was raised by Council Member Huizenga regarding Jim Moss being on the committee and being a Candidate for Town Council, Candidate Jim Moss stated he would step down from the bond steering committee. Council Member Williams made a motion to accept the nominations of Richard Hobday, J.D. Harvey, Barb Tweedie, Jonathan Witherspoon, Worth Blake, Dan Kamp, Gregory Williams, Darren Klauser, Neal Twomey, Randy Sudderth, Billy Hughes, Kathy Palmer, Margee Best, Patti Behar, and Jon Seale as members of the bond steering committee. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING ACCEPTING THE FISCAL 2000-2001 AUDIT FOR THE TOWN. Chris Rutledge, Auditor with Rutledge, Crain, and Company, explained the audit to Council. Council Member Williams made a motion to accept the audit. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO HEAR A PRESENTATION BY TXU REPRESENTATIVE A. Z. DRONES REGARDING A RATE INCREASE. A.Z. Drones is an Encore representative on behalf of TXU Gas Distribution. Mr. Drones advised that he has introduced the requested rate increase to the Town of Trophy Club as well as 110 other municipalities within North Texas. His request of Council was to suspend the rate for ninety days and join a steering committee, to offer an opportunity to establish a standard rate. TOWN COUNCIL TO CONSIDER AND ADOPT ONE OF THE FOLLOWING: A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE TARIFF AND SCHEDULE OF RATES PROPOSED BY THE TXU GAS DISTRIBUTION COMPANY IN THEIR STATEMENT OF INTENT TO CHANGE RESIDENTIAL, COMMERCIAL AND INDUSTRIAL RATE SCHEDULES (INCLUDING INDUSTRIAL RATES -N) TO NEW CUSTOMERS, TO ELIMINATE MILITARY RATES -N, TO ELIMINATE RATE SCHEDULES FOR PUBLIC FREE SCHOOLS -N AND COMMERCIAL CONTRACTS FOR PUBLIC SCHOOL GAS SERVICE, TO ELIMINATE THE WEATHER NORMALIZATION ADJUSTMENT CLAUSE, TO ELIMINATE THE COST OF SERVICE ADJUSTMENT CLAUSE, TO ELIMINATE THE PLANT INVESTMENT COST ADJUSTMENT CLAUSE, TO PROVIDE FOR A SURCHARGE FOR UNCOLLECTIBLE EXPENSES, AND TO PROVIDE FOR A MISCELLANEOUS SERVICE CHARGE FOR THE TEMPORARY DISCONTINUANCE OF SERVICE ("STATEMENT OF INTENT") AND INCORPORATING SAME; PROVIDING FOR FIXED AND APPROVED RATES; PROVIDING APPROVAL OF ALL OTHER PROVISIONS; PROVIDING AN Page 5 REGULAR SESSION March 18, 2002 EFFECTIVE DATE FOR TARIFF AND RATE SCHEDULES AND INCORPORATING SAME; PROVIDING FOR REQUIRED NOTICE TO CUSTOMERS; PROVIDING FOR CHANGES, ADJUSTMENTS, AND AMENDMENTS; PROVIDING A CUMULATIVE CLAUSE, PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. B. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE TOWN TO JOIN A STEERING COMMITTEE OF CITIES AFFECTED BY THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU GAS DISTRIBUTION COMPANY THAT INCLUDES AN INCREASE IN RATES; AUTHORIZING THE STEERING COMMITTEE TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS; PROVIDING FOR INTERVENTION IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION; SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU GAS DISTRIBUTION COMPANY; ESTABLISHING THAT CURRENT RATE SCHEDULES SHALL CONTINUE IN FORCE DURING THE PERIOD OF SUSPENSION; PROVIDING FOR NOTICE HEREOF TO SUCH COMPANY; AND PROVIDING AN EFFECTIVE DATE. Paul Rosenberger explained that the current rate increase asks for an ll% increase for residential customers, 5.6% for commercial customers; and zero percent increase for industrial customers, for a total of $46,420 a year. Paul recommends adopting the resolution, suspending the rate, and joining the steering committee with other cities. There is no cost to join the steering committee as long as our fees are reasonable, which are passed back onto the utility company. Mayor Pro Tem Edstrom made a motion to approve the resolution authorizing the Town to join a steering committee of cities affected by the proposed tariff and schedule of rates of TXU Gas Distribution Company that includes an increase in rates. Council Member Matthai seconded; motion carried unanimously. CONSENT AGENDA: ALL MATTERS LISTED UNDER CONSENT AGENDA ITEM 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. A. REGULAR SESSION MINUTES DATED MARCH 4, 2002. B. SPECIAL SESSION MINUTES DATED MARCH 11, 2002. C. FINANCIALS DATED FEBRUARY 2002. Mayor Pro Tem Edstrom requested that both the regular session minutes, dated March 4, 2002, and the special session minutes, dated March 11, 2002, be removed from the consent agenda. Mayor Pro Tem Edstrom made a motion to approve the February 2002 Financials. Council Member Matthai seconded; motion carried unanimously. Council Member Williams made a motion to approve the regular session minutes dated March 4, 2002, as amended. Council Member Matthai seconded; motion carried unanimously. March 4, 2002 amended minutes now read: Page 2, Paragraph 2 Ms. Carolyn Sims from the Arts Council of Northeast Tarrant County explained the history, purpose and benefits of the Arts Council, as well as distributed a brochure telling about the Arts Council. She would like to create a partnership with the Page 6 REGULAR SESSION March 18, 2002 Town of Trophy Club. Mayor Pro Tem Edstrom invited Ms Sims to the next Public Relations Committee meeting. Mayor Pro Tem Edstrom made a motion to table the special session minutes of March 11, 2002 to the next council meeting and to amend the time the meeting was adjourned. Council Member Matthai seconded; motion carried unanimously. REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT) A. EDITORIAL REVIEW BOARD Previous meeting discussion and action Gene Hill stated the committee met on February 25 for the March issue of Around The Town, and again on March 4 for the planning for the April issue. B. PLANNING AND ZONING Previous meeting discussion and action Gene Hill stated that the P&Z's recommendations from their February 21" meeting were presented and acted upon at the Council meeting on March 4. The Commission did not meet the first Thursday of March. At the meeting scheduled for March 21", the Commission will be considering a proposal for the Lake Cities Church of Christ to establish PD 24, on a tract of land west of Plantation Apartments. C. PUBLIC WORKS Previous meeting discussion and action Council Member Huizenga stated discussions centered on medians and the construction phases on Trophy Club Drive. COUNCIL REPORTS AND QUESTIONS FOR STAFF • BARRY HUIZENGA o Funding of Street Repairs (Public Works) o East Entrance Council Member Huizenga gave an update. • ROGER WILLIAMS o CIA o o Swimming Pool o o DPS o o Budget o o East Entrance o Council Member Williams gave an update. Council Communications Public Input Utility Franchise Committee Ways & Means Committee 10 acre Park STAFF REPORTS • DIANE COCKRELL o May 4th Election Diane Cockrell announced the filings for Council: Moss, Doyle Nicholson, and Beverly Foley. Also, filing. Susan Edstrom, Brad Glasco, Bill Matthai, Jim Wednesday, March 20, 2002, is the last day for Page 7 REGULAR SESSION March 18, 2002 ADJOURN. Council Member Williams made a motion to adjourn at 10:44 p.m.a cil Member Huizenga seconded; motion carried unanimously. of Trophy Club, Texas ATTEST: J Town Secretary, Town bf Trophy Club, Texas TO- �a �