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Minutes TC 08/20/2001MINUTES OF WORKSHOP/PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB AUGUST 20, 2001 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in Workshop, Public Hearing and Regular Session on Monday, August 20, 2001. The meeting was held within the boundaries of the Town and was open to the public. WORKSHOP SESSION TOWN COUNCIL MEMBERS PRESENT: Scott Smith Susan Edstrom Barry Huizenga Bill Matthai Scott Spence Roger Williams STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Cathy Morgas Jim Buxton Bill LeGrand Paul Rosenberger David Miller Renae Gonzales Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member arrived at 5:44 p.m. Town Manager Town Secretary MUD Manager Finance Director Director of Public Works Assistant to Town/MUD Managers Director of DPS Senior Accountant Beth Ann Gregory Information Systems Administrator David Neal Ways and Means Committee Member J.D. Harvey Ways and Means Committee Member arrived at 5:42 p.m. Neil Twomey Ways and Means Committee Member CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Smith called the workshop to order at 5:40 p.m., noting a quorum was present. BUDGET WORKSHOP WITH WAYS AND MEANS COMMITTEE TO DISCUSS FISCAL YEAR 2001/2002. Jim Buxton recapped the changes from the last workshop; cut $750 for Christmas lights transferred $25,000 from Corps of Engineers property to parks and recreation. There is also a 34% increase from Health insurance, for a total of $1700. The difference in the Marshall Creek contract and the $750,000 grant from Denton County will be shown on next year's budget as a separate line item. A penny charged in the tax rate equals $49,800. The Council discussed the differences in leasing, buying new and buying used items like the l ton truck and the sand spreader. The Council consensus was to leave the budget as is. Town Staff was requested to review the feasibility of bringing legal counsel in house in the future. Town Manager Donna Welsh will address this. Chief David Miller led the discussion of the DPS budget and answered questions. ADJOURN WORKSHOP SESSION. Workshop adjourned at 7:28 p.m. REGULAR SESSION Page 2 REGULAR SESSION August 20, 2001 TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Susan Edstrom Mayor Pro Tem Barry Huizenga Council Member Bill Matthai Council Member Scott Spence Council Member Roger Williams Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Jim Buxton Finance Director Bill LeGrand Director of Public Works Paul Rosenberger Asst. to Town/MUD Managers David Miller Director of DPS Patricia Adams Town Attorney Gene Hill Planning and Zoning Commission Chairman CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Smith called the Regular Meeting to order at 7:40 p.m., noting a quorum was present. INVOCATION: Chief David Miller gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Council Member Huizenga 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. There were no presentations made. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING: The Town Council convened into the Public Hearing at 7:43 p.m. PUBLIC HEARING TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 98-08 P&Z OF THE TOWN GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE 7 TO ADOPT PROVISIONS FOR THE DEVELOPER'S AGREEMENT, FINANCIAL ASSURANCE AND CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS TO INCLUDE REQUIREMENTS FOR ESTABLISHING PROCEDURES, PERFORMANCE BONDS, PAYMENT BONDS AND MAINTENANCE BONDS, FINANCIAL ASSURANCES, INSPECTIONS AND APPROVAL OF PUBLIC IMPROVEMENTS, DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS, GENERAL CONSTRUCTION REQUIREMENTS, APPROVAL OF WORK, OWNERSHIP AND MAINTENANCE OF COMPLETED PUBLIC FACILITIES, AND REFUND PROVISIONS FOR FUTURE CONNECTIONS TO A SANITARY SEWER SYSTEM; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE, OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A Page 3 REGULAR SESSION August 20, 2001 VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Planning and Zoning Chairman Gene Hill shared that the Town has, in the past, not had clear information regarding these items. Town Attorney Patricia Adams explained that there has not been a Developer's Agreement. The Planning and Zoning Commission conducted a Public Hearing on August 16, 2001. The Commission voted unanimously to approve the amendment to Ordinance 98-08 P&Z. TOWN COUNCIL TO CLOSE PUBLIC HEARING: The Town Council closed the Public Hearing at 7:47 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION: REGULAR SESSION TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 98-08 P&Z OF THE TOWN GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE 7 TO ADOPT PROVISIONS FOR DEVELOPER'S AGREEMENT, FINANCIAL ASSURANCE AND CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS TO INCLUDE REQUIREMENTS FOR ESTABLISHING PROCEDURES, PERFORMANCE BONDS, PAYMENT BONDS AND MAINTENANCE BONDS, FINANCIAL ASSURANCES, INSPECTIONS AND APPROVAL OF PUBLIC IMPROVEMENTS, DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS, GENERAL CONSTRUCTION REQUIREMENTS, APPROVAL OF WORK, OWNERSHIP AND MAINTENANCE OF COMPLETED PUBLIC FACILITIES, AND REFUND PROVISIONS FOR FUTURE CONNECTIONS TO A SANITARY SEWER SYSTEM; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Edstrom made a motion to approve the Ordinance as written. Council Member Matthai seconded; motion carried unanimously. REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT) A. ECONOMIC DEVELOPMENT CORPORATION B • Previous meeting discussion and action Mr. Jim Buxton shared that the EDC B is looking at purchasing a siren system and contributing additional money to the July 4`h Celebration. B. EDITORIAL REVIEW BOARD • Previous meeting discussion and action Mr. Gene Hill expressed that the Board is working on editing the September issue's articles and the newspaper should be received on September Is'. C. PARKS AND RECREATION COMMITTEE • Previous meeting discussion and action Mr. Billy Hughes updated the Council on the following Parks and Recreation Committee projects: the 10 Acre Park environmental study and appraisal of land to be acquired has been completed. The TRA permit has been submitted and the final design plans have been submitted to Texas Accessibility Standards (TAS) / American Disability Act (ADA) agency for compliance review. The Texas Parks and Wildlife is in the process of reviewing the final design plans. Page 4 REGULAR SESSION August 20, 2001 Mr. Hughes also reported that NISD has passed the _joint use agreement that is on the Council agenda. The McCombs Field improvements are still ongoing; the bail fields have been prepared for the upcoming season. The TAS/ADA inspection has been completed at Harmony Park, the Committee is awaiting the results. General maintenance at Harmony is also on going. The tennis court windscreen has been replaced. General maintenance is also on going at Lakeview Elementary Soccer Fields. The concept plan for the Corps Property is being designed by Hoover & Klein. The Committee will be interviewing five candidates at their August 23`d meeting. The Committee has three vacancies to fill. D. PLANNING AND ZONING COMMISSION • Previous meeting discussion and action Mr. Gene Hill stated that the Commission met on August 16`" and discussed the Developer's Agreement. The Women's Club has requested a date change for the Garage Sale from September to October 27'h this will come before the Council in the near future. Team Trophy Club Day will be October 20`h, depending on the DPS review. The Commission is also working on a Sign Ordinance Update. E. PUBLIC WORKS COMMITTEE • Previous meeting discussion and action At the last meeting the Public Works Committee discussed recycling and Hazardous Materials handling and future landscaping of the medians. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 95-22, ESTABLISHING ROOFING REQUIREMENTS; AND ADOPTING NEW PROVISIONS TO INCLUDE DEFINITIONS; REQUIREMENTS FOR LAMINATED SHINGLES; PROHIBITING THE USE OF WOOD SHINGLES AND WOOD SHAKES AND PROVIDING EXCEPTIONS FOR SAME; PROVIDING REQUIREMENTS FOR ROOF REPAIR PERMITS; PROVIDING FOR COMPLIANCE WITH THE UNIFORM BUILDING CODE; PROVIDING AN APPEALS PROCESS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Mr. Gary Sparks of 102 Pebble Beach addressed the Council. Bill LeGrand explained that we are trying to establish the look of a laminated roof and to clarify the requirements on homeowners. Council Member Williams made a motion to approve the Ordinance to include Dallas and Plano in the 2nd Whereas paragraph. Council Member Matthai seconded; motion carried unanimously. The 2°d Whereas paragraph now reads: WHEREAS, neighboring cities of Dallas and Plano have experienced severe fires in single-family residential neighborhoods, which fires have spread as a result of, at least in part, the residential dwellings have wood shingles or wood shake roofs; TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE (1) MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND PROVIDING AN EFFECTIVE DATE. A. OLIVE STEPHENS Chief Miller gave a brief history of the Denco Area 9-1-1 Board. Mayor Pro Tem Edstrom made a motion to approve the Resolution as written. Council Member Matthai seconded; motion carried unanimously. Page 5 REGULAR SESSION August 20, 2001 TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE (1) SEAT ON THE UTILITY FRANCHISE COMMITTEE FOR A TWO-YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. A. DAN KAMP Mr. Jim Moss, chairman of the Utility Franchise Committee, asked the Council to appoint of Mr. Dan Kamp. Council Member Matthai made a motion to approve the Resolution as written. Council Member Williams seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND NORTHWEST INDEPENDENT SCHOOL DISTRICT• PROVIDING TERMS AND CONDITIONS FOR THE JOINT USE OF A PORTION OF THE LAND AT THE NEW 10 ACRE PARK AND SCHOOL DISTRICT PROPERTY AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. Mr. Paul Rosenberger explained that this agreement would allow the Town to use the parking lots of the schools and allow them to use our South parking lot. The Interlocal Agreement follows the Resolution in the packet. The Town is trying to maximize the property use of 10 acres. In the future, we should see additional Interlocal Agreements for joint use inside the schools. Ms. Patricia Adams added that the Town's insurance should be reviewed to verify coverage. Council Member Matthai made a motion to approve the Resolution amending the first paragraph of the Joint Usage Agreement. Mayor Pro Tem Edstrom seconded; motion carried unanimously. The Joint Usage Agreement first paragraph now reads: This Agreement (the "Agreement") is made and entered into this I" day of September, 2001, by and between the Town of Trophy Club, a municipal corporation organized under the laws of the State of Texas (the "Town") and the Northwest Independent School District, a school district organized under the laws of the State of Texas (the "District"). TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO RESCHEDULE THE DATE PREVIOUSLY SET FOR THE PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE INCREASING THE AMOUNT OF THE AD VALOREM TAX EXEMPTION FOR PERSONS 65 YEARS OF AGE AND OLDER TO THE AMOUNT OF $30,000 FROM SEPTEMBER 4, 2001 TO AUGUST 27 2001 IN ORDER TO COINCIDE WITH THE FIRST BUDGET HEARING. Council Member Huizenga explained that much misinformation has gone out regarding this item. It has never been the intent of this Council to not support this information. As a result of this being tabled, we received additional information from the Ways and Means Committee and Staff. We now have a clear picture of what we can and cannot do. Council Member Huizenga made a motion to reschedule the Public Hearing to August 27, 2001. Council Member Williams seconded; motion carried unanimously. MAYOR SMITH TO FILE THE 2001-2002 BUDGET WITH THE TOWN SECRETARY AND ANNOUNCE AUGUST 27, 2001 FOR PUBLIC HEARING REGARDING FY 2001-2002 BUDGET. Mayor Smith announced that the Public Hearing on the Budget will be next Monday, August 27"'. Mayor Smith also commended the Staff, Council and Ways and Means Committee for their work on the Budget. The changes that have been made to the Budget include cutting $750 for Christmas Lights and an addition of $1700 for Insurance. $25,000 has been taken from the Corps of Engineers property and added to the Parks Budget. Page 6 REGULAR SESSION August 20, 2001 This is a very good Budget; it meets the needs of staffing, street repairs and parks obligations. Council Member Huizenga made a motion to approve the Mayor filing the 2001-2002 Budget with the Town Secretary. Council Member Spence 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 AUGUST 6, 2001 B. FINANCIALS DATED JULY 31, 2001 Council Member Matthai asked to remove the July 31, 2001 Financials. Mayor Pro Tem Edstrom made a motion to approve the August 6, 2001 minutes as written. Council Member Huizenga seconded; motion carried unanimously. After discussion, Council Member Matthai made a motion to approve the July 31, 2001 Financials as presented. Council Member Huizenga seconded; motion carried unanimously. ADJOURN. Council Member Williams made a motion to adjourn at 8:49 p.in carried unanimously. ATTEST: Town Secretary, Town of Trophy Club, Texas Council Member Huizenga seconded; motion