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Minutes TC 12/17/2001MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB DECEMBER 17, 2001 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, December 17, 2001. 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 Scott Spence Roger Williams STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger David Miller Paul Rosenberger Patricia Adams Gene Hill Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Arrived at 8:08 p.m. Town Manager Town Secretary Finance Director Director of Public Works Community Development Manager Town Attorney P&Z Chairman CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Smith called the Regular Session to order at 7:33 p.m., noting a quorum was present. INVOCATION: 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. Ms. Beverly Foley of 221 Oak Hill Drive addressed the Council. TOWN COUNCIL TO HEAR AND DISCUSS A 10-15 MINUTE PRESENTATION FROM COMMISSIONER JIM CARTER REGARDING UPDATE OF COUNTY BUSINESS. Page 2 REGULAR SESSION December 17, 2001 County Conumssioner Jim Carter updated the Council regarding compensation for county employees. He sponsored a comparative wage survey and found that even after recent raises, they were still 30% below the standard pay range. Voters approved a three -cents per $100 valuation to bring deficient pay rates up to par. The resulting tax increase was two cents. Jim Carter explained House Bill 1445, which relates to City and County's control of ETJ. If someone were to build in a City's and County's ETJ, they would have to get two permits. This House Bill requires the City and County to come to an agreement and to require only one permit. This Bill does not necessarily apply to the Town. Jim Carter stated that a Bill passed regarding the setup of Transportation Authority. Counties that are adjacent to populations of I million can have their own Transportation Authority. Jim Carter stressed the importance for the Town to have a representative at the advisory committee meetings. Jim Carter advised that the ranking of Highway 114 west of I35 has moved up to Priority 2, with letting schedules set for 2005. He will push to move both the ranking up to Priority I as well as the letting date. Jim Carter offered his help with T.W. King Road and the Highway 114 turnaround. REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT) A. ECONOMIC DEVELOPMENT CORPORATION B • Previous meeting discussion and action Mayor Pro Tem Edstrom gave an update on the website. B. EDITORIAL REVIEW BOARD • Previous meeting discussion and action Mr. Gene Hill advised they had their planning session earlier this month. The paper is in the process of being paginated and is currently going through editorial review. The paper should be distributed by January 1. C. PARKS AND RECREATION • Previous meeting discussion and action Pauline Twomey stated they are updating the Internet Home Page of the website and they are working on updating the applications for committee members. Paul Rosenberger updated the Committee regarding a Town Pool. They will create a sub -committee to work on the Town pool. Mayor Smith made the following requests/recommendations: 1. Invite at least two members from the current TCCIA Board in the preliminary planning stages, preferably Jim Moss and Darin Davis. 2. Present at least two, preferably three plans to choose from. The initial plan should start with only the pool and pool -related facilities. 3_ Make an attempt to keep the entire project below $1 million. 4. Have Ways and Means balance the difference in the pay-as-you-go method as opposed to general obligation bonds. 5. Plan for the possibility of the community reviewing the final plans. D. PLANNING AND ZONING • Previous meeting discussion and action Page 3 REGULAR SESSION December 17, 2001 Mr. Gene Hill stated that the Conunittee addressed six Town ordinances relative to PD 17, 18, 19 and 20 at the Public Hearing on Thursday, December 6. These ordinances will be on the January 7 Town Council agenda. A proposed revision to sign regulations, 1999-13, will come before the Council in January. Gene Hill advised that the P&Z Comm ttee would now be meeting at 7 p.m. on the first and third Thursday of the month, a time change from 6:30 p.m. P&Z Commissioner Mark Sheegan resigned due to additional responsibilities of his employment. E. PUBLIC WORKS • Previous meeting discussion and action Council Member Huizenga shared that the bids for street repairs have been reviewed. The trash ordinance has been discussed and will be coming forward in January. Council Member Spence arrived nr 8:08 p.m. F. CIA TASK FORCE • Previous meeting discussion and action Worth Blake reported that the Task Force determined that there appears to be no reason for the CIA to be disbanded and absorbed by the Town. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING Council convened into Public Hearing at 8:20 p.m. PUBLIC HEARING TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY REPEALING SECTION 46, ENTITLED "TREE PRESERVATION", OF ARTICLE 7, DEVELOPMENT AND DESIGN STANDARDS, IN ITS ENTIRETY; AND BY AMENDING SECTION 47, ENTITLED "LANDSCAPING REGULATIONS", BY REVISING PARAGRAPH (2) ENTITLED "TREES" OF SUBSECTION D "GENERAL STANDARDS"; BY AMENDING PARAGRAPH (4) ENTITLED "CONTENT OF THE LANDSCAPE PLAN" OF SUBSECTION G, "REQUIREMENTS FOR RESIDENTIAL DISTRICTS"; AND BY AMENDING PARAGRAPH (3) ENTITLED "CONTENT OF LANDSCAPE PLANS" OF SUBSECTION H "REQUIREMENTS FOR NON-RESIDENTIAL DISTRICTS AND USES"; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (AMD -01-008) Gene Hill explained that the Planning and Zoning Committee has reviewed this Tree Ordinance and assisted with the reformatting. They have considered it and recommend adoption by the Town Council. Paul Rosenberger advised that this ordinance applies to the subdivision, platting and initial construction phase. He covered the duties of the Tree Board. He reported that the Bradford Pear Tree was removed from the approved replacement list. This ordinance is a requirement for the Town to become a "Tree City USA". Page 4 REGULAR SESSION December 17, 2001 TOWN COUNCIL TO CONSIDER AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2001-21 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 8 TO ADOPT PROVISIONS FOR TREE PRESERVATION AND REMOVAL; PROVIDING DEFINITIONS; ESTABLISHING PROVISIONS FOR A TREE BOARD; PROVIDING TREE PRESERVATION; PROVIDING FOR INFORMATIONAL ASSISTANCE; PROVIDING FOR PROTECTED TREES; PROVIDING A PROTECTED TREE LIST; PROVIDING FOR SPECIMEN TREES; PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR TREE REPLACEMENT AND REMOVAL; PROVIDING AN APPROVED TREE PLANTING AND REPLACEMENT LIST; PROVIDING AN APPROVED MEDIAN AND RIGHT-OF-WAY TREE PLANTING LIST; PROVIDING FOR TREE PROTECTION MEASURES; REQUIRING TREE PERMITS FOR REMOVAL AND FOR REPLANTING; PROVIDING AN APPEAL PROCESS; PROVIDING A CUMULATIVE 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. (AMD -01-009) TOWN COUNCIL TO CLOSE THE PUBLIC HEARING Council closed the Public Hearing at 8:30 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Council convened into Regular Session at 8:31 p.m. REGULAR SESSION TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY REPEALING SECTION 46, ENTITLED "TREE PRESERVATION", OF ARTICLE 7, DEVELOPMENT AND DESIGN STANDARDS, IN ITS ENTIRETY; AND BY AMENDING SECTION 47, ENTITLED "LANDSCAPING REGULATIONS", BY REVISING PARAGRAPH (2) ENTITLED "TREES" OF SUBSECTION D "GENERAL STANDARDS"; BY AMENDING PARAGRAPH (4) ENTITLED "CONTENT OF THE LANDSCAPE PLAN" OF SUBSECTION G, "REQUIREMENTS FOR RESIDENTIAL DISTRICTS"; AND BY AMENDING PARAGRAPH (3) ENTITLED "CONTENT OF LANDSCAPE PLANS" OF SUBSECTION H "REQUIREMENTS FOR NON-RESIDENTIAL DISTRICTS AND USES"; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (AMD -01-008) Mayor Pro Tem Edstrom moved to approve as written. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2001-21 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 8 Page 5 REGULAR SESSION December 17, 2001 TO ADOPT PROVISIONS FOR TREE PRESERVATION AND REMOVAL; PROVIDING DEFINITIONS; ESTABLISHING PROVISIONS FOR A TREE BOARD; PROVIDING TREE PRESERVATION; PROVIDING FOR INFORMATIONAL ASSISTANCE; PROVIDING FOR PROTECTED TREES; PROVIDING A PROTECTED TREE LIST; PROVIDING FOR SPECIMEN TREES; PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR TREE REPLACEMENT AND REMOVAL; PROVIDING AN APPROVED TREE PLANTING AND REPLACEMENT LIST; PROVIDING AN APPROVED MEDIAN AND RIGHT-OF-WAY TREE PLANTING LIST; PROVIDING FOR TREE PROTECTION MEASURES; REQUIRING TREE PERMITS FOR REMOVAL AND FOR REPLANTING; PROVIDING AN APPEAL PROCESS; PROVIDING A CUMULATIVE 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. (AMD -01-009) Mayor Pro Tem Edstrom moved to approve as written. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING TROPHY CLUBIWESTLAKE DPS ALLOCATIONS. Roger Unger passed out information regarding advanced funding of the DPS. Roger advised Staff is working within two confines and working on coming to a compromise. The Town is working under a conditional deadline of December 31, 2001. The condition is if we have not arrived at an agreeable allocation or don't have an agreeable contract, the Town of Westlake has stated it is their intent to give their one year notice.. Town Manager Welsh stated that the Town has a nighttime residential population of 7,000 and Westlake has a daytime commercial population of 7,000 which distributed the services evenly between the two towns. At the time of the original negotiations, Trophy Club had a ready-made department. Westlake has the highway to bring in revenue. Roger Unger added that these two proposals are strictly an expense allocation, no revenue allocations. The Town of Westlake advised that they would keep all revenues generated by Westlake Court. The Town Attorney Adams stated that the contract is very clear on the 1/12`h payment. Trophy Club will continue to maintain the course of the contract. Town Manager Welsh made the recommendation to Council to table the contract Roger Unger stated that he advised the DPS Board that in his best estimation, the DPS would run out of money around June -July. Westlake's response was that they would go back to the entities and request more money and each entity would be required to pay their share of the shortfall. David Miller advised that the DPS Board did not vote to continue spending as usual. They did a pre - vote to move forward with the hiring of two additional motor officers, and to delay the spending for a Records Management System that was budgeted for this year. The revenues are short. We just replaced the three officers we lost last fiscal year. We are only spending on what we need to have for day-to-day operations and to keep the community safe. The consensus of the Council is to request that the DPS cease any and all unnecessary spending Page 6 REGULAR SESSION December 17, 2001 No action at this time TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING CONTRACT FOR TROPHY CLUB/WESTLAKE DPS. Mr. Jim Budarf of 547 Indian Creek addressed the Council. Town Manager Welsh made the recommendation to take no action at this time. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AWARD/REJECTION OF BIDS FOR ANNUAL MISCELLANEOUS CURB REPAIRS FOR 2001-02. Paul Rosenberger stated that Westhill's bid of $125,440 was the low bid. Westhill is in good standing for past projects with the Town. Teague, Nall and Perkins also recommended Westhill for this project. Council Member Matthai made a motion to accept Westhill Construction's bid in amount not to exceed $125,440. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING "DECLARATION OF INTENT" PROVIDED BY THE TROPHY CLUB COMMUNITY IMPROVEMENT ASSOCIATION. Diane Cockrell distributed amended copies of the Declaration of Intent. Mayor Smith stated that there now exists an unprecedented spirit of cooperation between the current CIA Board Members and myself. This kind of cohesiveness has never existed before between the Mayor and the CIA. It is important that we show our residents that the Town and CIA are unified to accomplish this transition. I felt all along that this will probably and should come down to a community -wide vote on the size and scope of the pool project and how it should be funded. This is just another in a series of steps to move forward in accomplishing our goals together. This letter of intent was first brought to me by Darin Davis to show we are in fact unified and not divided. It also asks the entire Council to get on board with the CIA. I also want to emphasize that there is nothing political, and I resent anyone trying to make it that way. These are good people trying to do what's right and very sincere, and it makes sense. I want to encourage the Council to support this good intent. Town Attorney Adams stated her concerns regarding this Declaration of Intent. She does not recommend Council sign this document at this time, as she feels it is premature, especially since Council has not yet visited the monetary requirements nor the planning involved with this venture. Council Member Huizenga stated that he has issue with ignoring our attorney's recommendation. Adding that Peter Reincke of the CIA is not yet close to formalizing a financial impact and no type of benefit cost analysis has been done. Council Member Huizenga believes we are on the right path, that he is all for creating a mutual document and running it by our Attorney; however, he is not prepared to do that tonight based on the advice of legal counsel. Mayor Pro Tem Edstrom stated she concurred with Council Member Huizenga, stating that our attorney has advised us against doing something that we probably shouldn't be doing. She stressed that she does not believe there is any misunderstanding from the inception of the task force when the CIA presented a letter requesting the council members look into the transfer of those responsibilities, that there is agreement between the CIA Board and the Town Council. Mayor Pro Tem Edstrom added that based on the advice of our attorney, she feels that the Council should not move forward with the document as written. There's no doubt that the CIA and the Town Council are working together to resolve these issues. The intent was established with the unanimous vote of the Council to Page 7 REGULAR SESSION December 17, 2001 create the CIA Task Force and provide direction to Parks and Recreation to move forward with the pool. Council Member Matthai asked, "Why do we need this letter of intent at this time?" He feels that this is a fantastic opportunity for the whole community, for the whole town to get together and rebuild some bridges. Adding, he feels this is a fantastic approach, however, he is not ready to do something like this at this time. Council Member Williams stated the intent is stating our intent; that it is not a statement that we are going to do this, but rather we are going to try, if possible. He stated he does not have a problem signing the intent because this is the first time he can remember the CIA and the Town to be in concert, moving forward with the same objective. Mayor Pro Tem Edstrom stated she disagreed that this is the first time the CIA & the Council have agreed to work together. Adding, that we could table this and come up with something that our attorney can recommend for signature; but to fly in the face of legal opinion that we shouldn't sign this is just not prudent as a council. Council Member Matthai stated that one of the things we've got to do is get information out to the people of Trophy Club that we are working together, that the CIA, the Town Council, and the Mayor are all moving in the same direction. We ought to get together with our legal counsel and find a way to get this redrafted so we call be comfortable including our legal staff. He requested to table this until such a time the intent can be reviewed. Council Member Huizenga agreed by saying we should draft something, get it on paper, and send it out to the public so they know we are heading in the right direction. Town Attorney Adams made the recommendation that Council could go into Executive Session for an explanation of her legal concerns and then Council could make a decision as to whether or not to assume the risk. Mayor Pro Tem Edstrom requested that in the future if there is legal advice provided that it is passed on to the Council for consideration prior to the meeting and not at the time of determination. Mayor Pro Tem Edstrom asked for clarification from legal counsel when the conversation was had with the Mayor regarding the legal concems. Legal counsel stated the conversation was held last week during the setting of the agenda when the Executive Session was pulled. Council Member Spence made a motion to table the agenda item. Council Member Huizenga seconded. Mayor Smith stated this is a letter of intent to show unity, and we ended up being divided Council Member Huizenga amended the motion by recommending the document be reviewed by our attorney. Mayor Pro Tem Edstrom seconded the amendment. 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. Page 8 REGULAR SESSION December 17, 2001 IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. A. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 98-17 ADOPTING THE UNIFORM BUILDING CODE, 1997 EDITION, AND ALL APPENDICES THERETO; ADOPTING THE UNIFORM FIRE CODE, 1997 EDITION; ADOPTING THE UNIFORM MECHANICAL CODE, 1997 EDITION; ADOPTING THE UNIFORM PLUMBING CODE, 1997 EDITION; ADOPTING THE NATIONAL ELECTRICAL CODE, 1996 EDITION, AND ADOPTING NEW PROVISIONS AS FOLLOWS: PROVIDING FOR APPLICABILITY; ADOPTING THE INTERNATIONAL RESIDENTIAL CODE, 2000 EDITION, AS AMENDED HEREBY, REGULATING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF ONE- AND TWO-FAMILY DWELLINGS AND TOWNHOUSES NOT MORE THAN THREE STORIES IN HEIGHT IN THE TOWN OF TROPHY CLUB; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE, AND EACH AND ALL OF THE RFGULATIONS, PROVISIONS, CONDITIONS AND TERMS OF SUCH INTERNATIONAL RESIDENTIAL CODE, 2000 EDITION, AS AMENDED HEREBY AND PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND ON FILE IN THE OFFICE OF THE BUILDING OFFICIAL OF THE TOWN OF TROPHY CLUB; PROVIDING DEFINITIONS FOR THE INTERNATIONAL RESIDENTIAL CODE; ADOPTING THOSE PROVISIONS OF THE UNIFORM BUILDING CODE, 1997 EDITION, THAT DO NOT CONFLICT WITH THE INTERNATIONAL RESIDENTIAL CODE, 2000 EDITION, AS AMENDED HEREIN; ADOPTING THE UNIFORM FIRE CODE, 1997 EDITION; ADOPTING THE UNIFORM MECHANICAL CODE, 1997 EDITION; ADOPTING THE UNIFORM PLUMBING CODE, 1996 EDITION; ADOPTING THE NATIONAL ELECTRICAL CODE, 1996 EDITION; PROVIDING FOR THE AUTHORITY OF THE BUILDING OFFICIAL; PROVIDING FOR THE BUILDING BOARD OF APPEALS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR SAVINGS; 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 A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. B. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING REGULATIONS FOR THE CONTROL OF ANIMALS; ADOPTING NEW PROVISIONS TO REGULATE THE CONTROL OF DANGEROUS WILD ANIMALS AS SET FORTH IN HOUSE BILL 1362 OF THE TEXAS 77TH LEGISLATURE AMENDING CHAPTER 822, DEFINITIONS; PROVIDING DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR ANIMALS AT LARGE; PROVIDING FOR THE IMPOUNDMENT OF ANIMALS; ESTABLISHING AUTHORITY TO IMPOUND, DESTROY, KILL, OR MUZZLE CERTAIN ANIMALS; PROVIDING FOR DANGEROUS DOGS; PROVIDING FOR FEES; PROVIDING FOR THE RELEASE OF UNVACCINATED ANIMALS; PROVIDING FOR ADOPTION; PROVIDING FOR CONFINEMENT REQUIRED OF ANIMAL WHICH HAS ATTACKED; PROVIDING FOR WILD ANIMALS; PROVIDING FOR VICIOUS ANIMALS; PROVIDING FOR VACCINATION; PROVIDING FOR LICENSE AND TAGS; SETTING FORTH REQUIREMENTS FOR KEEPING MINIATURE PIGS AND FERRETS; ESTABLISHING REGULATIONS REGARDING THE DEFECATION OF Page 9 REGULAR SESSION December 17, 2001 ANIMALS ON PUBLIC AND PRIVATE PROPERTY; PROVIDING FOR SANITARY CONDITIONS; PROVIDING FOR ANIMAL NOISE; ESTABLISHING EXCEPTIONS; SETTING FORTH APPLICABILITY PROVISIONS REGARDING DANGEROUS WILD ANIMALS; PROVIDING FOR CERTIFICATE OF REGISTRATION APPLICATION FOR DANGEROUS WILD ANIMALS; PROVIDING FOR THE DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION AND AN APPEALS PROCESS FOR DANGEROUS WILD ANIMALS; ESTABLISHING PROVISIONS FOR THE DISPLAY OF CERTIFICATE OF REGISTRATION FOR DANGEROUS WILD ANIMALS; PROVIDING FOR LIABILITY INSURANCE COVERAGE FOR DANGEROUS WILD ANIMALS; PROVIDING FOR THE INSPECTION OF DANGEROUS WILD ANIMALS; PROVIDING FOR THE RELOCATION OR DISPOSITION OF DANGEROUS WILD ANIMALS; SETTING FORTH REQUIREMENTS FOR ATTACK, ESCAPE, AND LIABILITY PROVISIONS RELATED TO DANGEROUS WILD ANIMALS; ESTABLISHING POWERS AND DUTIES OF THE BOARD REGARDING CAGING REQUIREMENTS AND STANDARDS FOR DANGEROUS WILD ANIMALS; PROVIDING FOR THE CARE, TREATMENT, AND TRANSPORTATION OF DANGEROUS WILD ANIMALS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED THE SUM OF $2,000.00 FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED DURING OR ON EACH DAY WHICH VIOLATION REGARDING DANGEROUS WILD ANIMALS OCCURS OR CONTINUES; PROVIDING FOR INJUNCTIVE RELIEF FOR VIOLATIONS REGARDING DANGEROUS WILD ANIMALS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF $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 PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. C. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE DENTON CENTRAL APPRAISAL DISTRICT'S PROPOSAL TO EXPAND ITS FACILITIES AT 3911 MORSE, DENTON, TEXAS AND PROVIDING FUNDS FOR SAME; DIRECTING THE TOWN SECRETARY TO FILE A COPY OF THIS RESOLUTION WITH THE CHIEF APPRAISER UPON ITS APPROVAL BY THE TOWN COUNCIL; AND PROVIDING AN EFFECTIVE DATE. D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING REGULAR SESSION MINUTES DATED DECEMBER 3, 2001. Council Member Matthai requested to remove Item A (International Residential Code Ordinance) from the Consent Agenda. Consent Agenda Item B (Wild Animal Ordinance) was pulled with no action to be taken. Council Member Huizenga requested to remove Item D (Regular Session Minutes, dated December 3, 2001) from the Consent Agenda. Mayor Pro Tem Edstrom made a motion to approve Item C of the Consent Agenda - resolution approving the Denton Central Appraisal District's proposal to expand its facilities. Council Member Huizenga seconded; motion carried unanimously. Page 10 REGULAR SESSION December 17, 2001 Paul Rosenberger stated that the Texas Legislature passed Senate Bill No. 365, requiring all municipalities in the State of Texas to adopt the International Residential Code prior to January 1, 2002. Paul explained the changes to be made in the document. Mayor Pro Tem Edstrom made a motion to approve Item A of the Consent Agenda - ordinance adopting the International Residential Code with amendments. Council Member Matthai seconded; motion carried unanimously. Council Member Huizenga made a motion to approve the Regular Session Minutes dated December 3, 2001, as amended. Mayor Pro Tem Edstrom seconded; motion carried unanimously. December 3, 2001 Minutes now read: Page 6, Paragraph 7 Council Member Huizenga is concerned about the integrity and design of the pool. We need to maintain some aspects of the original design of the pool not necessarily the engineering and also keep the thought that went into the design by the designated design committee. COUNCIL AND STAFF REPORTS: • MAYOR SCOTT SMITH o Pool Project / Parks & Recreation Participation o East Entrance Update Mayor Smith gave a report. • DONNA WELSH o Texas Turnarounds Donna Welsh gave a report. • BILL LEGRAND o Update on reimbursement from Denton County for Marshall Creek o Bids for Trophy Club Drive & Summit Cove (paving and drainage improvements). Paul Rosenberger gave a report in Bill LeGrand's absence. • ROGER UNGER o Update Bond Refinancing Roger Unger gave a report. • DIANE COCKRELL o Committee, Commission and Board Openings: • Planning and Zoning Commission • Public Works • Ways & Means / Economic Development Corporation A • Zoning Board of Adjustment Diane Cockrell gave a report. ADJOURN Council Member Huizenga made a motion to adjourn at 10:29 p.m. Council Member Matthai seconded; motion carried unanimously. Page 11 REGULAR SESSION December 17, 2001 � 42 ATTEST: S Town Secretary, Town of Trophy Club, Texas