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Minutes TC 07/02/2001MINUTES OF WORKSHOP AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB JULY 2, 2001 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in Workshop and Regular Session on Monday, July 2, 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 Mayor Susan Edstrom Mayor Pro Tem Bill Matthai Council Member Scott Spence Council Member Roger Williams Council Member TOWN COUNCIL MEMBERS ABSENT: Barry Huizenga STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Paul Rosenberger Jim Moss Margi Cantrell Bob Downey Council Member Town Manager Town Secretary Assistant to Town/MUD Managers Utility Franchise Committee Member Utility Franchise Committee Member Utility Franchise Committee Member CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Smith called the workshop to order at 7:03 p.m., noting a quorum was present. TOWN COUNCIL TO HEAR A PRESENTATION IN REGARD TO AN ORDINANCE GRANTING A NON-EXCLUSIVE CABLE SERVICES AGREEMENT WITH CHARTER COMMUNICATIONS. Margie Cantrell thanked all members. The current cable franchise agreement ends May 2002. The new cable franchise agreement was originally eighteen pages and has expanded to sixty-seven pages. August 1, 2001 is the completion target date. The agreement is fashioned after Ft. Worth and Duncanville's agreements and the survey results from Trophy Club residents. Jim Moss gave the agreement's specifics. The agreement will have to have a cable service administrator, the document contains a strong customer service agreement. Mr. Moss suggested Paul Rosenberger, Roger Williams, Patricia Adams and two committee members to be the negotiators for this agreement. The document requires more reports from Charter Communications for statistical purposes. Also included, is a section for penalties and cable outages to give automatic refunds to customers. The new agreement also asks for a cash allowance of $2000, paid upfront each year, giving the Town money to upgrade our hardware for the Channel 7 service for the residents. Mr. Moss asked for the Council's approval to send this agreement, along with Patricia Adams' comments, to Charter Communications. The consensus of the Council was in agreement with Mr. Moss' request. ADJOURN WORKSHOP Workshop adjourned at 7:27 p.m. Page 2 REGULAR SESSION REGULAR SESSION I��Pdii;[K�11It;(NIOu1s1u1Hsl:iy� 7�[yaJ,`Y� Scott Smith Mayor Susan Edstrom Mayor Pro Tern Bill Matthai Council Member Scott Spence Council Member Roger Williams Council Member TOWN COUNCIL MEMBERS ABSENT: Barry Huizenga STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Bill LeGrand Paul Rosenberger Patricia Adams Council Member Town Manager Town Secretary Director of Public Works Asst. to Town/MUD Managers Town Attorney July 2, 2001 CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Smith called the Regular Meeting to order at 7:39 p.m., noting a quorum was present. INVOCATION: Mr. John Carter gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mr. Paul Rosenberger 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 PRESEN'T'ATIONS 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. REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT) A. ECONOMIC DEVELOPMENT CORPORATION A • Previous meeting discussion and action Mr. Neil Twomey conveyed two requests for funding have been received and approved: 1) the Committee has committed $3,000 to the July 4" Celebration's activities and 2) the Soccer Association will be building an under age six soccer field and EDC A has pledged up to $18,800. Sales tax collection has been $9,000 to $10,000 a month, approximately $100,000 will be collected by September 30, 2001. B. INFORMATION TECHNOLOGY COMMITTEE • Previous meeting discussion and action Mr. Adam Gerety shared that the Committee is looking forward to launching the new website. New intern Cornelius Smith is working on the new website. The Committee will be looking at broadband options at their next meeting on July 23`d. C. PUBLIC RELATIONS COMMITTEE • Previous meeting discussion and action Ms. Jodi Ashby gave an overview of the July 0' Celebration's activities and July 40' Committee co — chairs, Carol Brown and Margee Best Rogers were in attendance. Page 3 REGULAR SESSION July 2, 2001 D. UTILITY FRANCHISE COMMITTEE • Previous meeting discussion and action Mr. Jim Moss gave best wishes to Dick Hobday in his endeavors with the CIA and listed the Committee's current projects — cable franchise agreement and electrical deregulation. E. WAYS AND MEANS COMMITTEE • Previous meeting discussion and action Pete Reinke announced that the Committee will proceed with the administration budget and that he will be attending future budget workshops. STAFF REPORTS AND COMMENTS • DIRECTOR OF PUBLIC SAFETY — DAVID MILLER o Project Report Council Member Spence explained the complications of the DPS contract causing additional workload for the staff and that the DPS Board is looking at the budget with Westlake included and not included. • DIRECTOR OF PUBLIC WORKS —BILL LEGRAND o Project Report Bill LeGrand shared that the awarding of the bid for paving and drainage improvements for Trophy Club Drive and Marshall Creek was pulled from the agenda. There were five legitimate bidders for the improvements and will be on the July 16L' Agenda. The preliminary steps for improvements to Summit Cove have begun. ASSISTANT TO TOWNIMUD MANAGERS - PAUL ROSENBERGER o McCombs Fields o Harmony Park o Lakeview Soccer Fields 0 10 Acre Park Paul Rosenberger updated the Council on the progress of partnering with NISD on the 10 Acre Park and maintenance at McCombs Fields, Harmony Park and Lakeview Soccer Fields. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RECOMMENDATION FROM WAYS & MEANS COMMITTEE RELATING TO REVIEW OF BUDGETS ON A CONTINUING BASIS. Mr. Neal Twomey asked that the Council direct the committees to oversee their areas of the budget; the committees are the best to oversee their own areas. Council Member Williams asked that Jim Buxton provide committee chairs with an explanation of variances. Mr. Pete Reinke has recommended that each of the Committees report to the Council on a regular basis: Committee 2000-2001 Budget Committee Chair Frequency Department of Public Safety $2,295,014 Don Redding Bimonthly Parks and Recreation $569,950 Billy Hughes Quarterly Planning and Zoning $50,412 Gene Hill Quarterly Public Relations $6,800 Jodi Ashby Semiannually Public Works $1,255,418 Nestor Karlis Quarterly Administration $1,359,530 David Neal Quarterly The consensus of the Council was to approve the recommendation from the Ways and Means Committee. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 0.88-21, ADOPTING AN EXEMPTION FROM THE TOWN'S EXEMPTION TO 530,000.00; ESTABLISHING AN EFFECTIVE TAX YEAR DATE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING Page 4 REGULAR SESSION July 2, 2001 SAVINGS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Pauline Twomev of 203 Oakmont Drive and Pete Reincke of 3 Colonial Court addressed the Council Mayor Smith asked that the Council take a hard look at this; it has not been reviewed in thirteen years. Seniors are on a fixed income. There are 194 people to be affected by this. The total discount is $30,000, the total impact would be $4,467, $23 impact on the average "over 65" household. Mayor Smith stated that he did not make a promise to Council Member Huizenga, regarding this agenda item not being placed on this agenda. Council Member Williams is in agreement with Mayor Smith, the impact would be light. Council Member Madhai was surprised to see this now, this is an unusual time to have this. Everyone in town is having increases, property values went up and school bonds were passed this year. Council Member Huizenga asked on June 180' not to have any agenda items regarding the budget on this agenda. Council Member Matthai asked that the Council have a public hearing on this issue. Council Member Matthai also asked Pete Reincke if the Ways and Means Committee had been consulted about this exemption. Mr. Reincke replied that the Ways and Means Committee had not been consulted. Patricia Adams stated that any type of tax exemption is handled in a public hearing, but it is not required. Mayor Pro Tem Edstrom stated that if advertising in the Town's paper is worth a public hearing, then surely it is just as important to have anything to do with taxation and a tax exemption in our community handled in a format of a public hearing. She believes that this is the correct and responsible method for addressing changes in tax policy in our community. She has researched and found out that there are 206 homes, the average price of homes is $184,000, and they go from $750,000 down. A question Mayor Pro Tem Edstrom raised was: given that average and the range of values of homes in this community, is this the responsible taxation policy or would a better policy be to look at die overage in the budget and see if it would be possible to enact a tax rate decrease where we would benefit 100% of the residents versus 3%? In doing so, we would also position ourselves with a better strategic standpoint against communifics around us from a tax rate standpoint. Seniors currently have a $55,000 exemption from Denton County, $25,000 exemption from Trophy Club and School District Taxes are frozen, so an argument could be made that the financial distress could be more rightly placed on residents under 65 versus over 65, given the increase in the school budget that is forthcoming. Mayor Pro Tern Edstrom asked if there is a time restraint that this has to be passed by, is there a reason that this has to be done today? Patricia Adams answered that there is no time limit; the Council just needs to set which tax year this will take effect. Mayor Pro Tem Edstrom suggested that instead of having the Council pass this and then see how it would affect the budget, look at this during the budget workshops to see how it affects the budget and if it would be better to do a tax rate decrease and benefit 100% of the residents as pari of the budget process. Look at it in a format of a public hearing, if it is important enough to shift the burden of taxes to a larger percentage of residents than it benefits and is this the right thing to do. Mayor Pro Tem Edstrom would like to see if there is a formula or a means that the Ways and Means Committee could come up with to see if there is a way to project this for the future that we could understand what the impact would be. Council Member Spence shared that he did not understand why this is such a big deal. Seniors are good citizens we should not drive them off. If seniors have left recently because of increased costs then the additional $23 is what is right for the seniors on fixed incomes. Mayor Pro Tem Edstrom added that lets NOT pass this without study, when we may be able to benefit all the residents, not just the seniors. Mayor Pro Tem Edstrom does not what to give improprieties and asked to table to July 16'x'. Mayor Smith stated that he is surprised at the opposition. We are talking about $4,467 or less than $6,000 with adjustments. Pauline Twomey of 203 Oakmont Drive and Pete Reinke of 3 Colonial Court addressed the Council with additional comments. Page 5 REGULAR SESSION July 2, 2001 Mayor Pro Tem Edstrom made a motion to table this agenda item to September 4, 2001 and include this in the Budget Workshop and Public Hearing. Council Member Matthai seconded; motion carried 3-1-0 with Mayor Pro Tem Edstrom, Council Members Matthai and Spence voting for and Council Member Williams voting against. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 2001-12, ADOPTING A TOWN COUNCIL PROCEDURES POLICY FOR THE TOWN COUNCIL OF TROPHY CLUB; ESTABLISHING AND ADOPTING NEW PROVISIONS FOR A TOWN COUNCIL PROCEDURES POLICY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Patricia Adams explained the changes under Section 2.2 Quorum, three Council Members is a quorum and two Council Members and the Mayor is NOT a quorum. Changes were also made to Sections 4.4 Points of Order and 8.1 Simplify Procedures. Mayor Pro Tem Edstrom made a motion to adopt the new Ordinance as written. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2000-02, ADOPTING A SCHEDULE OF FEES FOR THE TOWN IN ITS ENTIRETY; ADOPTING A NEW SCHEDULE OF FEES BY INCORPORATION OF EXHIBIT "A" TO INCLUDE FEES FOR BUILDING PERMITS, REVIEW OF PLANS, CERTIFICATES OF OCCUPANCY, REINSERTION, ELECTRICAL AND MECHANICAL FEES, PERMIT ISSUANCE AND HEATERS, AND OTHER PUBLIC WORKS DEPARTMENT FEES, PLANNING AND ZONING FEES, ZONING BOARD OF ADJUSTMENT FEES, FIRE/EMS FEES, ANIMAL CONTROL FEES, FIRE PLAN REVIEW FEES, FIRE DIVISION FEES, POLICE DEPARTMENT FEES, ADMINISTRATIVE FEES TO INCLUDE FEES FOR PAPER, ELECTRONIC, AUDIO, VIDEO, MYLAR AND BLUEPRINT REPRODUCTION, PROVIDING RELATED GUIDELINES; PROVIDING A PURPOSE; PROVIDING FOR APPLICATION; PROVIDING FOR AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE Diane Cockrell gave an overview of the changes. Bill LeGrand added that reduced zoning fees are for competitiveness and the fees are broken down. Council Member Williams made a motion to adopt the Ordinance as written. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING CITIZENS TO FOUR (4) SEATS ON THE PLANNING AND ZONING COMMISSION, TWO (2) SEATS ON THE ZONING BOARD OF ADJUSTMENT. TWELVE (12) SEATS ON THE PUBLIC RELATIONS COMMITTEE, THREE (3) SEATS ON THE PARKS AND RECREATION COMMITTEE; DESIGNATING TERMS OF SERVICE FOR EACH; AND PROVIDING AN EFFECTIVE DATE Council Member Williams made a motion to adopt the Resolution, striking one name from the Resolution and that name being David Neal. The Council convened into Executive Session at 9:27 p.m. The Council reconvened into Regular Session at 9:45 p.m. Page 6 REGULAR SESSION July 2, 2001 Council Member Williams withdrew his motion. Council Member Williams made a motion to adopt the Resolution as written with the addition of appointing John Douthitt to the Parks and Recreation Committee. Council Member Spence seconded, motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY TEXAS AND THE TOWN OF TROPHY CLUB, TEXAS, FOR THE PURPOSE OF TAX COLLECTION; AND PROVIDING AN EFFECTIVE DATE Donna Welsh presented this agenda item and stated that the Town has had a continuous collection rate of 99% or higher. Mayor Pro Tem Edstrom made a motion to adopt the Resolution as written. Council Member Mattliai seconded. Mayor Pro Tem Edstrom revised her motion to add James L. Buxton to Section 4. Council Member Matthai seconded; both motions carried unanimously. 1711PrI�<KIIIP(NI.�T1K®T�i�i`--'���i�! TlR1i��r�i'a'S!t�t�ir Tet�Zr�l�u t !7:�.i17i�YlI TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPOINTMENT OF JIM MOSS AS THE UTILITY FRANCHISE COMMITTEE CHAIRPERSON. Council Member Williams made a motion to appoint Jim Moss as the Utility Franchise Committee Chairperson. 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 JUNE 18, 2001 B. FINANCIALS DATED MAY 1, 2001 Mayor Pro Tem Edstrom made a motion to accept both agenda items as written. Council Member Williams seconded; motion carried unanimously. COUNCIL REPORTS AND COMMENTS • COUNCIL MEMBER MATTHAI o Council Communication Booth o Council Quorum concerns at committee meetings o Committee qualifications in handbook o NISD cooperation with park project Council Member Matthai announced that thirty-four residents shared issues of concern at the communication booth. There were four resident concerns that were written up and forwarded to staff. • MAYOR PRO TEM EDSTROM 0 4th of July o TXDot speed limit on 114 near NW High School Mayor Pro Tem asked for support for the speed limit on State Highway 114 near the Northwest High School that will be on the July 10' Agenda. Beverly Foley of 221 Oak Hill Drive addressed the Council. Page 7 REGULAR SESSION July 2, 2001 • COUNCIL MEMBER SPENCE o DPS Board Meeting Council Member Spence shared that the next DPS Board meeting is scheduled for Monday, July 23, 2001. Mayor Smith welcomed all the new committee members. ADJOURN Mayor Pro Tem Edstrom made a motion to adjo carried unanimously. ATTEST: Town Secretary, vn of Trophy elub, Texas motion