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Minutes TC 07/18/1995MINUTES OF TOWN COUNCIL MEETING TOWN OF TROPHY CLUB' TEXAS JULY 18' 1895 THE STATE OF TEXAS § � COUNTY OF DENT0N § The Town Council of the Town of Trophy Club' Texas met in a regular session on Tuesday, July 18, 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 Engelbeok Council Member Doug Glagpell Council Member Cotton Moore Council Member Patti Stoltz Council Member Also present were guests and staff members: John Hill Donna Welsh Pauline Shaw Bill LeGrand David Miller Mike Hamper John Carter Cathy Morgaa Gary Teague Hap Baggett Larry Hayes Town Attorney Town Manager Planning & Zoning Administrator Public Works Director Police Chief Chairmen' Planning and Zoning Chairman, Finance Committee Assistant Manager of N.U.D. Principal, Teague, Nall and Perkins, Inc. V.P. of Beck Properties, Inc. General Maneger, Trophy Club Country Club Town Treaaurer, Jack Jacobs, and Town Secretary, Karen Sadri, were absent due to other commitments. 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, guests, and staff. INVOCATION. An Invocation was given by Council Member Moore. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS. The pledge of allegiance to the American and Texas Flags was led by the Finance Committee Ch8irman, John Carter. Page 2, Regular Town Council Meeting, 07/18/95 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING REGULATIONS GOVERNING THE CONSTRUCTION OF FENCES; PROVIDING 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. 92-06 RELATING TO SWIMMING POOLS AND 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 OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. Chairman of the Planning and Zoning Committee, Mike Hamper, requested that this agenda item be tabled until a thorough review is completed. Then Mayor Pro Tem Hill made a motion to table this ordinance. Council Member Stoltz seconded; motion passed unanimously. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING REGULATIONS GOVERNING THE CONSTRUCTION OF SWIMMING POOLS AND FENCES; PROVIDING DEFINITIONS; AS TO SWIMMING POOLS; (1) PROVIDING LIGHTING REQUIREMENTS, (2) REQUIRING A PERMIT FOR THE USE OF A PUBLIC ADDRESS SYSTEM, (3) REQUIRING SWIMMING POOL CONTRACTORS TO PRESENT PROOF OF A SURETY BOND PRIOR TO CONSTRUCTION, (4) ADOPTING THE UNIFORM POOL CODE, AND (5) REQUIRING THAT WATER FROM SWIMMING POOLS BE DRAINED IN STORM SEWERS OR NATURAL DRAINAGE AND NOT INTO ADJOINING PROPERTY; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 92-06 RELATING TO SWIMMING POOLS; 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 ON OR WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. Mayor Carter called upon Mike Hamper, Chairman of the Planning and Zoning Committee to discuss this ordinance. Chairman Hamper explained that the Planning and Zoning Committee prefers that the fence and swimming pool ordinances be separate and individual. He also cautioned that if this ordinance is passed; not to repeal all of 92-06 until the fence ordinance is completed. Chairman Hamper then continued with other areas of changes. After discussion ensued, Mayor Pro Tem Hill made a motion to adopt the swimming pool ordinance with the following amendments: wording in the Heading "and fences" striking item 3 in the Heading and renumbering the definitions Page 3, Regular Town Council Meeting, 07/18/95 repealing Ord. 92-06 except those clauses relevant to yard fences Council Member Stoltz seconded; motion passed unanimously. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2.; PROVIDING AN EFFECTIVE DATE. Mayor Carter called upon Town Attorney, John Hill, to express the request from Cobblestone, Inc. to bring the new 9 hole golf course into M.U.D. NO. 2. Attorney Hill reminded the Council that if it approves this resolution; the Town is giving its consent to allow Cobblestone, Inc. to be annexed into M.U.D. NO. 2. Hap Baggett, V -P of Beck Properties, Inc., stated that this annexation would help equalize the tax base between M.U.D NO. I and M.U.D. NO. 2. Mayor Pro Tem Hill made a motion to pass the resolution with the amended wording that only the petitioned properties zoned Commercial Recreational be included. Council Member Glaspell seconded; motion passed unanimously. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ACCEPTING A BID FROM AND AWARDING A BID TO FOR THE CONSTRUCTION OF AN EXTENSION OF TROPHY WOOD DRIVE IN THE AMOUNT OF ($ ); AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT FOR THE SAID STREET CONSTRUCTION WITH ; PROVIDING AN EFFECTIVE DATE. Public Works Director, Bill LeGrand, relayed the recommendation from the Public Works Committee to accept the bid from Reynolds Asphalt and Construction Company for the amount of $106,400.10. If the Council approves this resolution, construction could start the beginning of August with a mid-September completion date. Gary Teague, Principal of Teague, Nall and Perkins, Inc. informed the Council that there now is additional overlay needed on T.W. King Road. Hap Baggett, V -P of Beck Properties, Inc., told the Council that the commercial property owners, Oakmont Enterprises, will pay for the lighting on the extension of Trophy Wood Drive. Council Member Engelbeck then made a motion to approve this resolution from the lowest bidder. Mayor Pro Tem Hill seconded; motion passed unanimously. Page 4, Regular Town Council Meeting, 07/18/95 CONSENT AGENDA After Council Member Glaspell asked that the minutes reflect that Town Treasurer, Jack Jacobs was in attendance, he then made a motion to accept the Consent Agenda as corrected. Mayor Pro Tem Hill seconded; motion passed unanimously. The approved items are as follows: A. Minutes of the June 20, 1995 Regular Town Council Meeting. B. Financial reports ending 06/30/95 TOWN COUNCIL TO CONSIDER GRANTING APPROVAL TO THE TOWN STAFF TO SEEK BIDS FOR THE CONSTRUCTION OF THE NEW POLICE FACILITY. Chief Miller's presentation requesting bids for construction of a new police facility included the following: the size approximately 5,000 square feet location on west side of parking lot, if the M.U.D. approves leasing or selling its land state law requirements and regulations a room by room explanation of the floor plan After a lengthy discussion ensued, the Council agreed that more information is needed before making a decision. They also requested that price estimates be included before returning. The Town Council took no action upon this request. TOWN COUNCIL TO CONSIDER GRANTING THE STAFF REQUEST OF A $2,000.00 TRANSFER FROM AUCTION SALES REVENUE (LINE ITEM 00- 4545) TO DUES, SCHOOLS, MEMBERSHIPS (LINE ITEM 30-5130) IN ORDER TO PAY FOR AN UPCOMING PREVENTION CONFERENCE AND A SERGEANT'S MANAGEMENT CLASS. For the sake of time and simplicity Mayor Carter asked the Council to consider combining agenda items 10 through 15. TOWN COUNCIL TO CONSIDER GRANTING THE STAFF REQUEST OF A $500.00 TRANSFER FROM AUCTION SALES REVENUE (LINE ITEM 00- 4545) TO MISCELLANEOUS (LINE ITEM 30-5130) IN ORDER TO INCREASE AN ALMOST DEPLETED FUND. TOWN COUNCIL TO CONSIDER GRANTING THE STAFF REQUEST OF A $1,500.00 TRANSFER FROM AUCTION SALES REVENUE (LINE ITEM 00- 4545) TO OFFICE SUPPLIES (LINE ITEM 30-5170) IN ORDER TO PURCHASE NEW STATIONERY AND COPIER SUPPLIES. TOWN COUNCIL TO CONSIDER GRANTING THE STAFF REQUEST OF A $4,080.00 TRANSFER FROM AUCTION SALES REVENUE (LINE ITEM 00- 4545) TO SMALL EQUIPMENT (LINE ITEM 30-8020) IN ORDER TO Page 5, Regular Town Council Meeting, 07/18/95 PURCHASE NEEDED EQUIPMENT (FLASHLIGHTS, SHOTGUNS) TOWN COUNCIL TO CONSIDER GRANTING THE STAFF REQUEST OF $1,000.00 TRANSFER FROM AUCTION SALES REVENUE (LINE ITEM 00-4545) TO PROGRAMS AND SPECIAL PROJECTS (LINE ITEM 30-8050) IN ORDER TO PURCHASE IN ADVANCE HALLOWEEN SAFETY MATERIALS, CHRISTMAS GIFTS FOR LAKEVIEW ELEMENTARY, AND CRIME PREVENTION RELATED MATERIAL. TOWN COUNCIL TO CONSIDER GRANTING THE STAFF REQUEST OF A $1,000.00 TRANSFER FROM AUCTION SALES REVENUE (LINE ITEM 00- 4545) TO UNIFORMS AND ACCESSORIES (LINE ITEM 30-8070) IN ORDER TO BEGIN EARLY REPLACEMENT OF WORN UNIFORMS AND OUTDATED BALLISTIC VESTS. Following the Mayor's suggestion, Council Member Glaspell waited to make a motion to approve combined agenda items 10 through 15. Council Member Moore seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER APPROVAL OF CHANGE ORDER NO. i TO JOINT SEALANT CONTRACT NO. 1 OF THE STREET BOND PROJECT AWARDED TO PAVEMENT SPECIALISTS, INC. Public Works Director, Bill LeGrand, explained to the Council that this additional linear feet for joint sealing was not included in the original contract and is needed now. Gary Teague, Principal of Teague, Nall and Perkins, Inc., recommended agreement to the change order because this additional amount is well within the bond package for joint sealing. Mayor Pro Tem Hill made a motion to approve the change order on joint sealing to Pavement Specialists, Inc. Council Member Moore seconded, motion passed unanimously. CLOSED -DOOR SESSION: TOWN COUNCIL TO CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH CHAPTER 551, GOVERNMENT CODE, VERNON'S TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW), SECTIONS 551.071 LEGAL, 551.072 REAL ESTATE, AND 551.074 PERSONNEL. A. TO RECEIVE LEGAL ADVICE FROM THE TOWN ATTORNEY REGARDING THE CONSOLIDATION/MERGER OF THE TOWN/ M.U.D. DISTRICTS AND TO DISCUSS THE EXCHANGE AND VALUATION OF REAL PROPERTY REGARDING THE CONSOLIDATION. B. TO RECEIVE LEGAL ADVICE FROM THE TOWN ATTORNEY REGARDING THE TROPHY CLUB/SOUTHLAKE AGREEMENT EFFECTING THE EAST ENTRANCE. C. TO CONSIDER THE APPOINTMENT OF MEMBERS TO ALL THE TOWN COMMITTEES. Page 6, Regular Town Council Meeting, 07/16/95 The Town Council adjourned into Closed -door session at 9:00 p.m. to discuss and consider items A, B and C. RECONVENE INTO OPEN SESSION: TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION TO TAKE NECESSARY ACTION REGARDING THE MATTER DISCUSSED IN CLOSED -DOOR SESSION PURSUANT TO AGENDA ITEMS A, B AND C. The Council reconvened into open session at 9:25 p.m. No action was taken regarding items A and B. Mayor Pro Tem Hill made a motion to appoint the Committee Members as presented. Council Member Glaspell seconded; motion passed unanimously. *PRESENTATIONS BY CITIZENS No presentations were given by Citizens. STAFF AND COMMITTEE REPORTS Police Chief Miller commended E.M.S. Lieutenant, Julie Chambers, for her help with a bicycle collision, a deceased resident, and a structure fire all in one Saturday. He included the Trophy Club Fire Department in his praises regarding the structure fire. Town Manager, Donna Welsh, reported that the 1995-1996 budget calendar is completed. No other reports were presented. PRESENTATIONS BY COUNCIL Council Member Engelbeck commented on the marked improvement of the construction refuse. Council Member Glaspell complimented Chief Miller on his police facility presentation. Mayor Pro Tem Hill informed everyone of the joint Finance Committee/Staff budget workshop on August 10th. Other announcements included the joint M.U.D./Town Committee meeting on August 7th and the Budget Workshop with the Council, Staff, and Finance Committee on August 15th. ADJOURN Mayor Pro Tem Hill made a motion to adjourn at 9:40 p.m. and reconvene on Tuesday, August 15, 1995. Council Member Stoltz seconded; motion passed unanimously. Page 7, Regular Town Council Meeting, 07/18/95 OR CARTER RECORDING SECRETARY PAULINE SHAW