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Minutes P&Z 09/05/1995 - Joint Public HearingMINUTES OF PUBLIC HEARING/TOWN COUNCIL MEETING TOWN OF TROPHY CLUB, TEXAS SEPTEMBER 5, 1995 THE STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas met in a Public Hearing/Meeting on Tuesday, September 5, 1995. The meeting was held within the boundaries of the Town and was open to the Public. Council Members Present: Jim Carter Mayor Gene Hill Mayor Pro Tem Marshall Engelbeck Council Member Doug Glaspell Council Member Cotton Moore Council Member Patti Stoltz Council Member Commission and Committee Members Present: Mike Hamper Chairman, Planning and Zoning Commission Vance Booker Co-chairman, Planning and Zoning Commission Larry Hutto E.M.S. Committee Member John Carter Chairman, Finance Committee Robert Burns Finance Committee Member Mark Chambers Public Safety Committee Member Nestor Karlis Chairman, Public Works Committee Charles Kirby Public Works Committee Member Also present were guests and staff members: Donna Welsh John Hill Jack Jacobs Pauline Shaw David Miller Bill LeGrand Karen Sadri Diane Cockrell Barbara Allen James Johnson Mike Cherryhomes Kelly Johnson Lee Delk Tessa Cofer Carl Threlkeld James Turk Chris Almonrode Shadow Town Manager Town Attorney Town Treasurer Planning & Zoning Administrator Police Chief Public Works Director Town Secretary Court Administrator Court Clerk Police Sergeant Police Detective Police Officer Police Officer Police Officer Police Officer Reserve Police Officer Reserve Police Officer K-9 Officer Page 2, Public Hearing/Town Council Meeting/09/05/95 Gary Teague Town Engineer, Teague, Nall and Perkins, Inc. Bill Rose Citizen for Speed Humps E.M.S. Lieutenant, Julie Chambers, was unable to attend. CALL TO ORDER. Mayor Carter called the meeting to order at 7:00 p.m. noting a quorum was present. He then welcomed Council Members, Commissioners, Committee Members, guests, and staff. INVOCATION. An Invocation was given by John Carter, Finance Committee Chairman. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS. The pledge of allegiance to the American and Texas Flags was led by Mike Hamper, Chairman of the Planning and Zoning Commission. Before the Council attended to the agenda items, Mayor Carter announced that Dr. Jimmy McLeod, Senior Pastor of the First Baptist Church in Trophy Club, had a stroke in his eye during the week -end. He encouraged those present to send greetings to Pastor McLeod. POLICE DEPARTMENT TO PRESENT AWARD OF EXCELLENCE TO DEPARTMENT K-9 OFFICER, SHADOW. With great pride and enthusiasm, Police Chief Miller introduced the Town's narcotics K-9 officer and presented a list of his recent drug seizure accomplishments. Both Shadow and his trainer/care taker, Detective Mike Cherryhomes, received the Sigma Pseudo Awards of Excellence certificates. Sigma Pseudo Narcotic Scents from the Sigma Chemical Company were used for marijuana, cocaine, and heroin in the training of officer Shadow. Chief Miller then introduced his staff by having each stand as the officer's name was called. PUBLIC HEARING: TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TO CONDUCT A PUBLIC HEARING ON THE BUDGET FOR FISCAL YEAR OCTOBER 1, 1995 TO SEPTEMBER 30, 1996. Mayor Pro Tem Hill made a motion to open the Public Hearing at 7: 10 p.m. Council Member Glaspell seconded; motion carried unanimously. Town Manager Welsh announced that all the requested changes had been made to the budget. Page 3, Public Hearing/Town Council Meeting/09/05/95 At this time Debi Sovereign of 12 Skyline Drive, requested that the Council consider adding an expense line to the Budget to repair exposed sewer pipe line in the Timberline Creek area. The M.U.D. has been ineffectual regarding a permanent solution to the flooding, debris, and open drainage ditch situation. She also asked them to consider issuing a new bond to pay for the $ 575,000.00 permanent repair work. Town Manager Welsh informed the Council that the M.U.D. intends to remove the pipe line from the Creek in the near future. As no other questions, comments, nor discussion ensued from the Town Council, Staff, and Finance Committee concerning the budget, Mayor Pro Tem Hill made a motion to close the Public Hearing at 7:22 p.m. Council Member Glaspell seconded; motion passed unanimously. At this time Mayor Carter asked to proceed to agenda item 8 to maintain continuity with adopting the proposed budget. TOWN COUNCIL TO CONSIDER AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Town Treasurer, Jack Jacobs, encouraged the Council to agree to the Staff recommendations and proposed budget. He claimed that dropping the overall tax rate by .01 cent from .4261 to .4161 will cause no substantial hardship to the reserves and fund balances. Finance Committee Chairman, John Carter, concurred with this assessment. Mayor Pro Tem Hill then proposed that the Operating and Maintenance tax rate be dropped by one-half cent from .3361 to .3311 and these figures be reflected as additional short fall. Discussion ensued and Council Member Engelbeck confirmed that the Interest and Sinking tax rate was dropped by .01 from .09 to .08 and that the Operating and Maintenance by one-half cent from .3361 to .3311 for an over all tax rate of .4111. Mayor Pro Tem Hill then made a motion to adopt the 1995-1996 proposed budget with the proposed revised tax rate amounts and short falls. Council Member Glaspell seconded; motion passed unanimously. Mayor Pro Tem Hill commended the Committees and Staff for the conservative approach taken for projected actuals and over all expenditures on the current and newly adopted budgets. Mayor Carter then returned to agenda item 7. Page 4, Public Hearing/Town Council Meeting/09/05/95 MR. BILL ROSE OF 219 INVERNESS DRIVE TO ADDRESS THE TOWN COUNCIL REGARDING SPEED HUMPS. Mr. Rose summarized the following steps regarding a request for speed humps: 93 % of the residents on Inverness Drive signed a petition for speed humps to make the street safer Both the Public Safety and Public Works Committees have discussed the request The Council and Committees were supplied a handbook called Residential Traffic Control which Tampa, Florida currently uses Mr. Rose asked the Council to assemble a task force to create a similar plan for Trophy Club. He believes that the increased volume of traffic at excessive speeds needs to be addressed. Mark Chambers, substituting for Public Safety Committee Chairperson, Bonnie Jacobs, relayed the Committee's recommendation to hold speed humps in abeyance. Other considerations include less expensive alternatives to speed humps, rainfall drainage, parked cars on both sides of the street, and other streets (Oakmont Drive and Carnoustie) that have the same or more serious traffic problems. Police Chief Miller assured Mr. Rose and the Council that the department recognized the problem of reckless drivers on Inverness of which the majority are non-residents. Public Works Committee Chairman, Nestor Karlis, supported the decision of the Public Safety Committee. He said it was premature to make a recommendation until traffic flow and volume and street irrigation problems were considered. Gary Teague, Town Engineer of Teague, Nall and Perkins, Inc., reported that two traffic counts were conducted to establish a base line for future evaluation. Mr. Rose's rebuttal included the following: Speed humps are as tall as a Coca-Cola can and 6 feet long graded to a gentle incline. Of fifty-three million autos using speed humps no damage was reported. Water flow is controlled by the design and location of the hump to taper out short of the gutter. Page 5, Public Hearing/Town Council Meeting/08/05/95 Lowering a street's speed limit does not change driving habits. A 4 inch bump at 10 m.p.h. is not a hazard to a person nor a machine. Comments from Council Members were: Council Member Moore was not convinced Inverness has a major problem in comparison to Carnouotie and sections of Trophy Club Drive. He wants to wait until the East Entrance opens before making a final decision. Council Member Engelbeck lived in an speed hump area and expressed how irritating they were to residents and how they hindered emergency vehicles. He then suggested using pavement grooving like the D.F.W. Airport entrances. Council Member Glamp*all supported lower speed limits and transportable radar boxes posting the driver's m.p.h. Mayor Carter complimented Mr. Rose on his thorough research, educating others and commitment to this project. He encouraged Nr. Rose to maintain his diligence and continue to provide input. The Mayor also made a request about road safety and asked Nr. Chambers to charge the Public Safety Committee with traffic safety. Mayor Pro Tem Hill stated that the consensus of the Council was to return this project to the Public Safety Committee to develop recommendations. The Council favored input from the Public Works and Police Departments. TOWN COUNCIL TO CONSIDER AN ORDINANCE ESTABLISHING REGULATIONS GOVERNING THE CONSTRUCTION OF FENCES-"PR0VIUIN(� DEFINITIONS; (1) REQUIRING A PERMIT AND PAYMENT OF A PERMIT FEE, (2) ESTABLISHING HEIGHT REQUIREMENTS, (3) PROVIDING REGULATIONS REGARDING THE LOCATION, TYPE, AND CONSTRUCTION OF FENCES, (4) PROHIBITING THE CONSTRUCTION OF A FENCE ACROSS PUBLIC PROPERTY, (5) PROVIDING FOR AN INSPECTION, (6) PROVIDING MAINTENANCE REQUIREMENTS, (7) PROVIDING FOR APPEAL; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 92-05 RELATING TO FENCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($ 1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($ 500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING CN ON WHICH A VIOLATION OCCURS OR CONTINUES', PROVIDING AN EFFECTIVE DATE. Chairman of the Planning and Zoning Commission, Mike Hamper, reported to the Council that this revised ordinance effects all fences, no matter when built. He emphasized the following sections: fences versus retaining walls Page 6, Public Hearing/Town Council Meeting/09/05/95 permit procedures no construction of stockade wood nor picket fences type of materials restricted to meeting the Uniform Building Code specifications fence maintenance and replacement enforcement by building inspector Following Chairman Hamper's recommendation to pass this ordinance, Mayor Pro Tem Hill then made a motion to adopt the fence ordinance as it stands. Council Member Moore seconded. Before voting Council Member Stoltz made a motion to amend Section 3. Fences, Part C. Type of Fence and Construction, by omitting numbers 11 (wood stockade fences are not permitted) and 12 (no fence or wall constructed of railroad cross -ties shall be located such that it is visible from a public right - of way). Council Member Engelbeck seconded. Discussion ensued regarding normal/major maintenance and repair and that the building inspector was qualified to make any determinations. Prohibiting wood stockade fences would cause hardship to current residents and those who can't afford the new designated materials. Railroad cross -ties do blend well with some types of landscaping. Vance Booker of 99 Trophy Wood Drive supports this ordinance except for the use of railroad cross -ties. They can be attractive as retaining walls without financial hardship to the resident. Glenn Carlson of 11 Colonial Court noted that, if the ordinance is passed without omitting numbers 11 and 12, residents will be forced to do nothing for maintenance or to let their fences deteriorate Mayor Carter then called for a vote. Council Member Stoltz's amended adoption to the fence ordinance passed with Council Members Engelbeck, Glaspell, and Stoltz for, and Mayor Pro Tem Hill and Council Member Moore against. Because Council Member Engelbeck felt that the ordinance needed to state explicitly its intent, he made a motion for an additional amendment. His amendment included a grandfather clause in the preamble with the effective date of September 5, 1995; creating a positive statement regarding Section 4. Retaining Wall Regulations, Part B. Type of Retaining Wall and Construction, number I (no railroad cross ties wall shall be located such that it is visible from a public right-of-way); and rewording Section 2. Definitions, Part C. to incorporate treated railroad type cross -ties. Council Member Stoltz seconded; motion passed with Council Members Engelbeck, Glaspell, and Stoltz for, and Mayor Pro Tem Hill and Council Member Moore opposed. The Mayor then called for a vote on the original motion Page 7, Public Hearing/Town Council Meeting/09/05/95 including Council Members Stoltz and Engelbeck's amendments. Mayor Pro Tem Hill and Council Members Engelbeck, Glaspell, Stoltz for, and Council Member Moore opposed. TOWN COUNCIL TO CONSIDER A RESOLUTION ACCEPTING A BID FROM AN AND AWARDING A BID TO SILVER CREEK CONSTRUCTION COMPANY FOR CERTAIN STREET REPAIRS (JOINT/CRACK SEALING) IN THE AMOUNT OF TWO HUNDRED NINETY THREE THOUSAND TWENTY-FIVE AND NO/100 ($ 293,025.00); AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT FOR THE SAID STREET REPAIRS WITH SILVER CREEK CONSTRUCTION COMPANY; PROVIDING AN EFFECTIVE DATE. Public Works Director, Bill LeGrand, encouraged the Council to accept the Public Works Committee's unanimous recommendation of awarding the bid to Silver Creek Construction. Committee Chairman, Nestor Karlis, assured the Council that the company comes highly recommended, even though it has not done any previous work for the Town. Town Engineer, Gary Teague, added that the Carrollton, Texas based company provided a list of current projects whose reference reports were outstanding. Also, a site visit impressed Mr. Teague because of the quality of the equipment and its maintenance. As no discussion ensued, Council Member Glaspell made a motion to accept and award the bid to Silver Creek Construction Company. Council Member Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO AUTHORIZE THE FOLLOWING POLICE DEPARTMENT LINE ITEMS TO GO OVER BUDGET: 30-5130 DUES, SCHOOLS, MEMBERSHIPS 30-5160 MISCELLANEOUS 30-5170 OFFICE SUPPLIES 30-8020 SMALL EQUIPMENT 30-8050 PROGRAMS/SPECIAL EVENTS 30-8070 UNIFORMS/ACCESSORIES TOTAL 1,500.00 4,080.00 1,000.00 1,000.00 $ 10,080.00 AS A RESULT OF THE REVENUES RECEIVED BY AUCTION SALES THAT WERE NOT BUDGETED FOR THE 1994-1995 FISCAL YEAR. Mayor Carter reminded the Council about questioning the transfer of revenues to expenditure line items. Town Auditor, Jim Buxton, reported that it was an improper Page 8, Public Hearing/Town Council Meeting/09/05/95 bookkeeping practice and had the money returned to revenues. Mayor Pro Tem Hill then made a motion authorizing the Police Department to go over budget on certain line items. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO AUTHORIZE THE FOLLOWING PARKS/PUBLIC WORKS DEPARTMENT LINE ITEM TO GO OVER BUDGET: 40-7009 EAST ENTRANCE $ 49,574.10 AMOUNT TO BE FUNDED FROM PRIOR YEAR SURPLUSES NOT BUDGETED FOR THE 1994-1995 FISCAL YEAR. Public Works Director LeGrand explained that between the $ 30,000.00 in East Entrance Carry Over and the $ 50,000.00 in East Entrance, it still leaves the payment to the contractor short by the requested amount. Council Member Engelbeck made a motion to accept going over budget for the East Entrance. Mayor Pro Tem Hill seconded; motion passed unanimously. *PRESENTATIONS BY CITIZENS Glenn Carlson of 11 Colonial Drive addressed the Council and Staff about the construction debris and general litter throughout Trophy Club. He spent 3 hours the previous Sunday cleaning -up trash which he felt he wouldn't have to do, if the codes were strictly enforced. Mr. Carlson requested that signs and information be distributed to the residents to remind them of the ordinances. The Council assured Mr. Carlson that they are very aware of the problem. The contractors who have been approached want to police themselves or contend that the sub -contractors are at fault. Council Member Engelbeck suggested that inspections be refused or fines issued until clean-up is done. The Public Works Committee suggested an adopt a street program. STAFF AND COMMITTEE REPORTS Town Manager Welsh reminded the Council of the 7:00 a.m. meeting on the 29th to approve the tax rate. Nestor Karlis, Chairman of the Public Works Committee, announced that Phase II of the bond street construction will begin at the main entrance from Highway 114 to Indian Creek Drive. Also, a clean-up sweeper in being considered for this project. *PRESENTATIONS BY COUNCIL Council Member Engelbeck requested that the actual main Page 9, Public Hearing/Town Council Meeting/09/05/95 entrance construction begin after the holiday season. He also expressed appreciation to both M.U.D. Boards for offering the consolidation of personnel and equipment during the new budget year. He then announced the next M.U.D/Town Consolidation meeting for October 18th at 7:00 p.m. ADJOURN Mayor Pro Tem Hill made a motion to adjourn at 9:28 p.m. and reconvene September 29th at 7:00 a.m. to adopt the tax rate. Council Member Stoltz seconded; motion passed unanimously. 3M ORCARTER TOWN SECRETARY