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Minutes TC 12/16/2002MINUTES OF TOWN COUNCIL WORKSHOP / PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB DECEMBER 16, 2002 LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Workshop Session, Public Hearing and a Regular Session on Monday, December 16, 2002. The meeting was held within the boundaries of the Town and was open to the public. WORKSHOP SESSION — 6:45 P.M TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Roger Williams Mayor Pro Tem Bill Matthai Council Member Scott Spence Council Member Susan Edstrom Council Member TOWN COUNCIL MEMBERS ABSENT: Beverly Foley STAFF AND GUEST(S) PRESENT: Diane Cockrell Roger Unger Bill LeGrand Randy Briggs Robert De Los Santos Steve Poston Kyle Freeman Michael Mavias Renata Pellino-Porter Barry Huizenga Council Member Town Secretary Finance Director Public Works Director Community Development Manager Director of Police and Fire Services Attorney Applicant for Public Works Applicant for Public Relations Public Relations Committee Public Works Committee CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Workshop to order at 6:52 p.m., noting a quorum was present. TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE PUBLIC RELATIONS COMMITTEE. The Council had a brief discussion with the candidate, Michael Mavias. TOWN COUNCIL TO INTERVIEW AN APPLICANT COMMITTEE. The Council had a brief discussion with the candidate, Kyle Freeman. ADJOURN WORKSHOP SESSION. Mayor Smith adjourned the Workshop at 7:06 p.m. FOR THE PUBLIC WORKS Page 2 Regular Session December 16, 2002 REGULAR SESSION — 7:00 P.M TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Roger Williams Mayor Pro Tem Bill Matthai Council Member Scott Spence Council Member Susan Edstrom Council Member TOWN COUNCIL MEMBERS ABSENT: Beverly Foley STAFF AND GUEST(S) PRESENT: Diane Cockrell Roger Unger Bill LeGrand Randy Briggs Robert De Los Santos Gene Hill Steve Poston Council Member Town Secretary Finance Director Public Works Director Community Development Manager Director of Police and Fire Services Chairman, Planning and Zoning Attorney CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Regular Session to order at 7:10 p.m., noting a quorum was present. INVOCATION. Bill Matthai gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG. PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG. "Honor the Texas flag; I pledge allegiance to thee, Texas one and indivisible." Randy Briggs 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. John Taber, 505 Indian Creek Drive and Barry Huizenga, 120 Greenhill Trail South addressed the Council. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING. Council convened into Public Hearing at 7:21 p.m. PUBLIC HEARING TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING A REQUEST FOR AN AMENDMENT TO A PORTION OF THE SITE PLAN FOR A 6.000 ACRE TRACT OF LAND ZONED CR COMMERCIAL RECREATION LOCATED GENERALLY TO THE NORTH OF THE LAKES OF TROPHY CLUB SUBDIVISION EAST OF PARKVIEW DRIVE AND SOUTH OF MARSHALL CREEK ROAD. OWNER AND APPLICANT: TOWN OF TROPHY CLUB (SP -02-005). Page 3 Regular Session December 16, 2002 The original site plan for the CIA pool was approved in 2001. The site plan developed for the Town's Outdoor Community Pool differs significantly from the CIA site plan currently filed in Denton County records. The Town's Comprehensive Zoning Ordinance specifically states, "All site plans must be approved by the Town Council upon recommendation of the Planning and Zoning Commission." As a result, the Council is placed in the unique situation of needing to approve its own actions taken to design and contract for construction of the Community Pool. Upon approval, the Town's amended site plan will be filed in Denton County records. On December 5h, Roger Unger presented the Town's Site Plan amendment to the Commission and gave an overview of the project. The Commission recommends, by unanimous vote of the members present, that the Council approve the Site Plan amendment. TOWN COUNCIL TO CLOSE THE PUBLIC HEARING AND TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Council closed the Public Hearing and reconvened into Regular Session at 7:23 p.m. REGULAR SESSION REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT) ECONOMIC DEVELOPMENT CORPORATION A Neal Twomey reported that the committee met December 10"' and reviewed cost estimates for pool project and budget capabilities. ECONOMIC DEVELOPMENT CORPORATION B Jim Hicks reported that the EDC B met December 9`''. The draft brochure to promote "Shop Trophy Club First" was reviewed. The corporation recommends mailing the brochure with the next water bill to minimize costs. Andy Hayes became secretary of EDC B. A motion was made to have a public hearing to fund and not to exceed $5,000 in financial assistance for the Local Option Election Committee. The corporation asked Roger Unger to develop a process to allow EDC B to financially assist the development of the 16 -acre tract on Highway 114. INFORMATION TECHNOLOGY COMMITTEE Connie Shaw reported that they are looking at an email server list for the residents, discussed Nextel service, and website updates. TREE BOARD Renata Pellino-Porter (of the Public Relations Committee) reported that a Northeast Tarrant County Art Council Jazz Band will perform and the tree board will assist Public Relations on Arbor Day. UTILITY FRANCHISE COMMITTEE Bob Downey reported that the Cable Franchise agreement was the topic of their last meeting. WAYS AND MEANS COMMITTEE Neil Twomey reported that the committee met December 10th and a detailed discussion was held regarding Municipal Utility District situations, and that court revenues are short. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FOR AN AMENDMENT TO A PORTION OF THE SITE PLAN FOR A 6.000 ACRE TRACT OF LAND ZONED CR COMMERCIAL RECREATION LOCATED GENERALLY TO THE NORTH OF THE LAKES OF TROPHY CLUB SUBDIVISION EAST OF PARKVIEW DRIVE AND SOUTH OF MARSHALL CREEK ROAD. OWNER AND APPLICANT: TOWN OF TROPHY CLUB (SP -02-005). Council Member Edstrom moved to approve. Mayor Pro Tem Williams seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING AND REPLACING ORDINANCE NO. 2002-39 WHICH ADOPTED CERTAIN RULES AND REGULATIONS Page 4 Regular Session December 16, 2002 GOVERNING THE USE OF MARSHALL CREEK PARK AND ADOPTING NEW RULES AND REGULATIONS GOVERNING THE USE OF MARSHALL CREEK PARK; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING REGULATIONS REGARDING HOURS OPEN TO THE PUBLIC AND SIGNAGE; PROVIDING GENERAL PROHIBITIONS; PROVIDING FOR EXEMPTIONS; ESTABLISHING AN ENABLING PROVISION; PROVIDING FOR THE REGULATION OF VEHICLES, SPEED AND TRAFFIC; REGULATING THE OPERATION OF ALL -TERRAIN VEHICLES; PROVIDING FOR USAGE FEES; PROVIDING FOR A SPECIAL EVENT PERMIT APPLICATION PROCEDURE; PROVIDING REASONS FOR SPECIAL EVENT PERMIT DENIAL; PROVIDING FOR APPEAL OF SPECIAL EVENT PERMIT DENIAL OR CONDITIONAL APPROVAL; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED THE SUM OF 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Randy Briggs explained that the Corp of Engineers rejected the original fees that were submitted. We are requesting that the Council accept the fee amendment. The following fees shall be collected from park users as applicable: a) Daily park Entrance/Boat Launch: $3.00 per vehicle b) Additional Fees: $5.00 for each additional ATV, Motorcycle, Motor -driven cycle or Moped not being the primary mode of conveyance. (c) Special Event Permit Fee -To be determined by Town Council. (d) Security Fee-$ 25.00 per hour per police officer. Michael Paris, 265 Oak Hill addressed the Council. Council Member Matthai moved to approve the amendment as written with noted amendment to $3.00 from $300.00. Council Member Edstrom seconded; motion carried 3-1 with Council Members Matthai and Edstrom and Mayor Pro Tem Williams voting for and Council Member Spence voting against. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING ACCEPTING AND AWARDING OF THE RECOMMENDED BID FOR APPROVAL OF PHASE I1, TRAIL AND SIDEWALKS AT THE 10 -ACRE PARK Roger Unger asked that this be tabled pending ownership of the transfer of the property until the second meeting in January. Mayor Pro Tem Williams moved to table. Council Member Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING REAFFIRMING THE MAYOR'S AWARDING OF THE CONTRACT FOR THE PAVING AND DRAINAGE IMPROVEMENTS FOR TWO NEW PARKING LOTS AT PARKVIEW DRIVE TO SUTTON AND ASSOCIATES. Bill LeGrand explained that a $1,000 error in addition was discovered after the information was sent to the Council. Mayor Pro Tem Williams moved to approve, Council Member Matthai seconded; motion carried unanimously. Page 5 Regular Session December 16, 2002 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPOINTMENT OF LOCAL OPTION COMMITTEE MEMBER TO REPLACE PREVIOUSLY NOMINATED MEMBER. a. Dwight Morrow Council Member Spence moved to appoint Dwight Morrow to the Local Option Committee, Mayor Pro Tem Williams seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS APPOINTING A CITIZEN TO ONE (1) SEAT ON THE PUBLIC RELATIONS COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. Council Member Edstrom moved to appoint Michael Mavias to the Public Relations Committee, Council Member Spence seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS APPOINTING ONE (1) SEAT ON THE PUBLIC WORKS COMMITTEE FOR A ONE (1)YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. Council Member Edstrom moved to appoint Kyle Freeman to the Public Works Committee, Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REDUCTION IN QUORUM QUANTITY FOR THE PUBLIC RELATIONS COMMITTEE Renata Pellino-Porter reported that the committee has been having a hard meeting the quorum requirements. Council Member Edstrom moved to approve the reduction of the Public Relations Committee quorum to five (5), Council Member Spence seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN "AGREEMENT FOR COMMUNITY SERVICES" WITH METROPORT MEALS ON WHEELS. Mary King of Metroport Meals On Wheels addressed the Council explaining that they have been servicing this area for 22 years, providing delivery of meals, and activities at the senior center in Roanoke. Council Member Edstrom moved to enter into an agreement with Metroport Meals on Wheels and pay $1,500 from the contingency fund, Council Member Matthai seconded; the motion carried 3-1 with Council Members Matthai, Spence and Edstrom voting for and Mayor Pro Tem Williams voting against. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING SCOPE (OF PREVIOUS DISCUSSION HELD ON OCTOBER 7, 2002) MEDIAN RECONSTRUCTION PLAN ON TROPHY CLUB DRIVE FROM SUMMIT COVE TO OAK HILL DRIVE. Steven Beebe addressed the Council, stating that he designed the landscape plan. He further stated that he has been noticing the landscape in the medians is not being installed "per the plan". At the Public Works Committee meeting on December 10`h, the landscape plan was discussed. Roger Unger stated, after the Public Works Committee meeting, they had worked out a compromise. Roger discovered after the meeting ended there were conflicting opinions in reference to the concept. He felt that it should come back to the Council for clarification. In the Bond, the amount budgeted for landscaping of the medians was originally $74,000; the actual amount spent was reduced to $47,000. Council Member Edstrom moved to move three (3) trees and add color to the ends of the medians per the Plan approved on October 7"' by the Council, Council Member Matthai seconded; the motion carried 3-2 Page 6 Regular Session December 16, 2002 with Mayor Smith, Council Members Matthai and Edstrom voting for; Mayor Pro Tem Williams and Council Member Spence voting against. Steven Beebe submitted his resignation from the Public Works Committee. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING THE "SHOP TROPHY CLUB FIRST" BROCHURE: A. TO BE SENT AS NEWSLETTER B. MAILED AS A SEPARATE MAILER AND ADDRESS FUNDING. Susan Edstrom explained that this was a request to Public Relations Committee to drive home the concept to shop Trophy Club first. This was presented to EDC 4B along with their financial commitments for this year. The EDC 4B members were in support of the brochure being sent to the residents as an insert in the January water bill. There was one recommended change made on page 70 to revise the last paragraph to read: Trophy Club currently receives 2¢ in sales tax revenue. 10 goes to the Town general fund and 1/2 of 10 is dedicated to EDC -4B and 1/2 of 10 is dedicated to EDC -4A. For every $100 collected in sales tax residents receive back $50 in the form of funding for projects through our EDC's that benefit our community. Council Member Edstrom moved to approve recommended changes in the paragraph, highlight color, add both Charts and print 500 additional copies (for distribution by the Chamber of Commerce). 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. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS, REQUESTING REPRESENTATIVE MARY DENNY TO SPONSOR THE INTRODUCTION AND PASSAGE OF LEGISLATION WHICH MODIFIES THE REQUIREMENTS FOR AUTHORIZING THE HOLDING OF A CITYWIDE LOCAL OPTION ELECTION TO ALLOW A TOWN LOCATED IN MORE THAN ONE COUNTY THE ABILITY TO HOLD A LOCAL OPTION ELECTION AND PROVIDING AN EFFECTIVE DATE. (Council - Please note the change in this Ordinance is in the 5th Whereas.) B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS, REQUESTING SENATOR JANE NELSON TO SPONSOR THE INTRODUCTION AND PASSAGE OF LEGISLATION WHICH MODIFIES THE REQUIREMENTS FOR AUTHORIZING THE HOLDING OF A CITYWIDE LOCAL OPTION ELECTION TO ALLOW A TOWN LOCATED IN MORE THAN ONE COUNTY THE ABILITY TO HOLD A LOCAL OPTION ELECTION AND PROVIDING AN EFFECTIVE DATE. (Council - Please note the change in this Ordinance is in the 5th Whereas.) C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS, SUPPORTING THE INTRODUCTION AND PASSAGE OF LEGISLATION WHICH MODIFIES THE REQUIREMENTS FOR AUTHORIZING THE HOLDING OF A CITYWIDE LOCAL OPTION ELECTION TO ALLOW A TOWN LOCATED IN MORE THAN ONE COUNTY THE ABILITY TO HOLD A LOCAL OPTION ELECTION PERTAINING TO THE LEGAL SALE OF BEER AND WINE FOR OFF- Page 7 Regular Session December 16, 2002 PREMISE CONSUMPTION ONLY AND THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY AND PROVIDING AN EFFECTIVE DATE. D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPROVAL OF THE WORKSHOP/PUBLIC HEARING/REGULAR SESSION MINUTES DATED DECEMBER 2 2002. E. FINANCIAL DATED NOVEMBER 30, 2002. Mayor Smith removed from discussion Item C. the Resolution regarding the ability to hold a Local Option Election pertaining to the legal sale of beer and wine and the legal sale of mixed beverages in restaurants by food and beverage certificate holders only. Council Member Matthai asked to remove from discussion Item A. Resolution to Mary Denny and Item B. Resolution to Jane Nelson. Council Member Spence moved to approve item D. Approval of Minutes for December 2, 2002 and E. Financials dated November 30, 2002; motion carried unanimously. Mayor Pro Tem Williams moved to approve Item C. amending the caption to read: Amending Section 1. Removing: for "off -premise consumption only". Council Member Edstrom seconded. motion carried unanimously. COUNCIL/STAFF REPORTS. Staff and Council reports were given. ADJOURN. Mayor Pro Tem Williams carried unanimously. ATTEST: moved to adjourn at 9:52 p.m. Council Town Secretary, Town of Trophy istrom seconded; motion t a of Trophy Club, Texas