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Minutes TC 12/02/2002MINUTES OF TOWN COUNCIL WORKSHOP / PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB DECEMBER 2, 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 2, 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 Beverly Foley Council Member Bill Matthai Council Member Scott Spence Council Member Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Diane Cockrell Town Secretary Dan Boutwell Planning Consultant Robert De Los Santos Director of Police and Fire Services Jim Hicks EDC B Chairman CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Workshop to order at 6:50 p.m., noting a quorum was present. TOWN COUNCIL TO INTERVIEW APPLICANTS FOR ECONOMIC DEVELOPMENT CORPORATION B. The Council had a brief introduction from each candidate and asked each of them questions. The Council interviewed: Andy Hayes and John Taber. ADJOURN WORKSHOP SESSION. Mayor Smith adjourned the Workshop at 7:09 p.m. REGULAR SESSION — 7:00 P.M. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Roger Williams Mayor Pro Tem Beverly Foley Council Member Bill Matthai Council Member Scott Spence Council Member Susan Edstrom Council Member Page 2 Regular Session December 2, 2002 STAFF AND GUEST(S) PRESENT: Diane Cockrell Steve Poston Roger Unger Bill LeGrand Town Secretary Attorney Finance Director Public Works Director Randy Briggs Community Development Manager Gene Hill Chairman, Planning and Zoning Robert De Los Santos Director of Police and Fire Services Dan Boutwell Planning Consultant Paul Rosenberger Consultant, Charter Franchise Agreement CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Regular Session to order at 7.15 p.m., noting a quorum was present. INVOCATION. Pearl O. Ford 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." Mayor Pro Tem Roger Williams 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. No presentations. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING. Council convened into Public Hearing at 7:19 p.m. PUBLIC HEARING TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-30 P&Z OF THE TOWN WHICH AMENDED ORDINANCE 2001-21 P&Z, 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, "TREE PRESERVATION AND REMOVAL"; AND ADOPTING A NEW ORDINANCE AMENDING ORDINANCE 2001-21 P&Z, GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB BY ADOPTING A NEW ARTICLE 8 "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 REMOVAL AND REPLACEMENT; 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 REPLANTING AND REMOVAL; 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 Page 3 Regular Session December 2, 2002 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. Gene Hill explained: As you may recall, previously, the Town adopted a Tree Ordinance to guide preservation and replacement of trees within the Town limits and to become eligible for designation as a "Tree City, USA". On review of the Ordinance by the Tree City Board, it was determined that a provision for the Trophy Club Tree Board to annually develop a written Tree Plan was needed in order for Trophy Club to become eligible for Tree City USA status. Such plan shall be presented annually to the Town Council for acceptance. At the November 7`h meeting, the Planning and Zoning Commission recommended approval of the new paragraph in Section 8.2 Tree Board, Subsection 8f. that is shown in your agenda book as Staff Comments. Your adoption of this Ordinance is requested. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING 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, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 16.0 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF T. W. KING ROAD AND SOUTH OF HANNA COURT AND JAMIE COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FROM ITS CURRENT ZONING OF "CG" COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT NO. 25, TROPHY WOOD CENTER, WITH MIXED USES INCLUDING RETAIL USES, RETAIL AND HOTEL USES AND OFFICE USES; PROVIDING THAT THE 16.0 ACRE TRACT OF LAND SHALL BE DIVIDED INTO NINE (9) SEPARATE TRACTS WITH MIXED USES AS FOLLOWS: TRACT 1 (APPROXIMATELY 1.1 ACRES), TRACT 2 (APPROXIMATELY 0.9 ACRES), TRACT 3 (APPROXIMATELY 1.6 ACRES), TRACT 4 (APPROXIMATELY 1.5 ACRES), AND TRACT 8 (APPROXIMATELY 2.2 ACRES) FOR RETAIL USES; TRACT 5 (APPROXIMATELY 2.0 ACRES), TRACT 7 (APPROXIMATELY 1.8 ACRES), AND TRACT 9 (APPROXIMATELY 2.4 ACRES) FOR RETAIL AND HOTEL USES; AND TRACT 6 (APPROXIMATELY 1.0 ACRES) FOR OFFICE USES; PROVIDING THAT THE USES ALLOWED ON SUCH TRACT OF LAND SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE, THIS ORDINANCE ADOPTING PD PLANNED DEVELOPMENT DISTRICT NO. 25, AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A CONCEPT PLAN, PROVIDING DEVELOPMENT STANDARDS; REQUIRING SUBSEQUENT TOWN APPROVAL OF A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE LINE STUDIES, CIVIL SITE PLANS, PHOTOMETRIC PLAN AND LIGHT FIXTURES, SIGN CRITERIA, DEVELOPMENT SCHEDULES FOR THE INDIVIDUAL TRACTS AND THE ENTIRE TRACT AND OTHER REQUIREMENTS APPLICABLE TO PD PLANNED DEVELOPMENT DISTRICT NO. 25; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR 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 AND EFFECTIVE DATE. Gene Hill explained: This request for a zoning change from CG Commercial General to PD25, to be known as Trophy Wood Center, was heard by the Commission on November 21", and the submittal is strictly for the zoning of the land. The developer requested the zoning action as a prerequisite to closing on their purchase of the property. Many details of the PD must still be defined before development commences, but the details are not a requirement for this zoning change to be adopted. Several contingency items were defined by the Page 4 Regular Session December 2, 2002 Commission prior to its vote recommending rezoning of the property. All of the contingencies requested from the developer have been incorporated into the document now before this Public Hearing. Although a correction must be made on Page 56 where the concept plan shows only 10 -foot landscape easement on Trophy Wood Drive, not the 15 foot on Page 61 Item B 1C. At future Public Hearings before the P&Z Commission, we expect to review in considerable detail the developer's Final Site plan, including the landscape plan and plant list, Building Elevations, Sight Line Studies, Sign Criteria, Retaining Wall and Fence Criteria, a Photometric Plan with Light Fixture Illustrations, and a Development Schedule. Once we have received, reviewed and approved these items the Commission will make further recommendations to Town Council. TOWN COUNCIL TO CLOSE THE PUBLIC HEARING AND RECONVENE INTO REGULAR SESSION. Council closed the Public Hearing and reconvened into Regular Session at 7:23 p.m. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001- 30 P&Z OF THE TOWN WHICH AMENDED ORDINANCE 2001-21 P&Z, 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, "TREE PRESERVATION AND REMOVAL"; AND ADOPTING A NEW ORDINANCE AMENDING ORDINANCE 2001-21 P&Z, GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB BY ADOPTING A NEW ARTICLE 8 "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 REMOVAL AND REPLACEMENT; 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 REPLANTING AND REMOVAL; 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. Council Member Spence moved to approve the Ordinance as written, Council Member Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING 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 AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 16.0 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF T. W. KING ROAD AND SOUTH OF HANNA COURT AND JAMIE COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FROM ITS CURRENT ZONING OF "CG" COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT NO. 25, TROPHY WOOD CENTER, WITH MIXED USES INCLUDING RETAIL USES, RETAIL AND HOTEL USES AND OFFICE USES; PROVIDING THAT THE 16.0 ACRE TRACT OF LAND SHALL BE DIVIDED INTO NINE (9) SEPARATE TRACTS WITH MIXED Page 5 Regular Session December 2, 2002 USES AS FOLLOWS: TRACT 1 (APPROXIMATELY 1.1 ACRES), TRACT 2 (APPROXIMATELY 0.9 ACRES), TRACT 3 (APPROXIMATELY 1.6 ACRES), TRACT 4 (APPROXIMATELY 1.5 ACRES), AND TRACT 8 (APPROXIMATELY 2.2 ACRES) FOR RETAIL USES; TRACT 5 (APPROXIMATELY 2.0 ACRES), TRACT 7 (APPROXIMATELY 1.8 ACRES), AND TRACT 9 (APPROXIMATELY 2.4 ACRES) FOR RETAIL AND HOTEL USES; AND TRACT 6 (APPROXIMATELY 1.0 ACRES) FOR OFFICE USES; PROVIDING THAT THE USES ALLOWED ON SUCH TRACT OF LAND SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE, THIS ORDINANCE ADOPTING PD PLANNED DEVELOPMENT DISTRICT NO. 25, AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A CONCEPT PLAN, PROVIDING DEVELOPMENT STANDARDS; REQUIRING SUBSEQUENT TOWN APPROVAL OF A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE LINE STUDIES, CIVIL SITE PLANS, PHOTOMETRIC PLAN AND LIGHT FIXTURES, SIGN CRITERIA, DEVELOPMENT SCHEDULES FOR THE INDIVIDUAL TRACTS AND THE ENTIRE TRACT AND OTHER REQUIREMENTS APPLICABLE TO PD PLANNED DEVELOPMENT DISTRICT NO. 25; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR 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 PROVING AND EFFECTIVE DATE. Rick Horn, Pate Engineers and Hap Baggett, Developer introduced this project. Mayor Pro Tem Williams moved to approve the Ordinance as written noting an amendment combining the tract size at the time of the site plan and correcting the concept plan to include a 15 foot setback at Trophy Wood Drive and Service Road State Highway 114. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS REPEALING ORDINANCE NO. 2002-25P&Z ESTABLISHING REGULATIONS GOVERNING THE CONSTRUCTION, REGULATION, AND PERMITTING OF FENCES AND RETAINING WALLS; AND ADOPTING NEW REGULATIONS FOR THE CONSTRUCTION, REGULATION AND PERMITTING OF FENCES AND RETAINING WALLS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING REGULATIONS FOR FENCES, INCLUDING PERMIT REQUIREMENTS, HEIGHT REQUIREMENTS, AND TYPE OF FENCE AND CONSTRUCTION; PROVIDING RETAINING WALL REGULATIONS, INCLUDING PERMIT REQUIREMENTS, HEIGHT REQUIREMENTS, AND TYPE OF RETAINING WALL AND CONSTRUCTION; PROVIDING REGULATIONS FOR OUTDOOR ANIMAL RUNS, INCLUDING PERMIT REQUIREMENTS AND TYPE OF OUTDOOR ANIMAL RUN AND CONSTRUCTION; PROVIDING FOR SCREENING; PROVIDING REGULATIONS FOR GOLF COURSE LOTS; PROVIDING FOR MAINTENANCE OF NON -LIVING MATERIAL; PROVIDING FOR MAINTENANCE OF LIVING MATERIAL; PROVIDING FOR ADDITIONAL SCREENING AND FENCING; PROVIDING FOR PERIMETER FENCING; PROVIDING FOR INSPECTION; PROVIDING FOR MAINTENANCE/REPLACEMENT; PROVIDING FOR WAIVERS AND APPEALS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY 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. Page 6 Regular Session December 2, 2002 Gene Hill explained: As an outcome of a recent request for a fence waiver that was approved by the Town Council, P&Z was requested to review potential violations to the parallel fencing requirements that would occur if a homeowner had a fenced yard and then desired to erect a barrier fence around a swimming pool. In many instances, the barrier fence could be less than 20 feet from the property line fence, thus a violation. In order to prevent a violation development from this situation, the Commission recommended at its November 21s` meeting that a change be made to the fence ordinance. The recommended change is shown on Page 70 of your agenda book. The Commission's recommendation was by unanimous vote of the members present. Also, I would like to ask the Council to add one item overlooked by the Commission. I suggest that language be added stating that the pool barrier fence shall be erected at a minimum of 5 feet from any existing side or rear yard fencing. Council Member Edstrom moved to approve the Ordinance with recommended changes, 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 FINDING AFTER REASONABLE NOTICE AND HEARING THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE TOWN SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADOPTING GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE TOWN; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Steve Poston explained that this agreement is acceptable. Council Member Spence made a motion to approve the Ordinance as written, Council Member Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS. GRANTING TO MARCUS CABLE ASSOCIATES, L.L.C. d/b/a CHARTER COMMUNICATIONS, IT'S SUCCESSORS OR ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OWN, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR INCORPORATION; PROVIDING DEFINITIONS; PROVIDING A GRANT OF RIGHTS; PROVIDING A FRANCHISE REQUIREMENTS; PROVIDING FOR LIMITS ON A GRANTEE'S RECOURSE; PROVIDING FOR ACCESS TO THE SYSTEM; PROVIDING FOR FEES AND REPORTING; PROVIDING FOR APPLICATIONS AND REQUIRED SERVICES; PROVIDING FOR FORM; CONTENTS; PROCEDURES; FEES; PAYMENT UPON GRANT; PROVIDING FOR REQUIRED SERVICES AND FACILITIES TO BE INCLUDED IN FRANCHISE AGREEMENT; PROVIDING FOR INDEMNITY AND INSURANCE; PROVIDING FOR FEES AND PAYMENTS; PROVIDING FOR A FRANCHISE TERM; PROVIDING FOR TRANSFERS, OWNERSHIP AND CONTROL; PROVIDING FOR DEFAULTS; PROVIDING FOR REMEDIES; PROVIDING FOR PROVISION OF INFORMATION; AND PROVIDING A GENERAL CLAUSE. Paul Rosenberger highlighted the history, terms of the agreement, disclaimer, indemnification, insurance, construction, emergency alert system, customer service, telephone, service calls, subscriber fees, franchise fees, transfer of ownership, and PEG channels. Bob Downey informed the Council that the Utility Franchise Committee unanimously accepted the ordinance. Page 7 Regular Session December 2, 2002 Council Member Matthai moved to approve the Ordinance with an amendment to the effective date, adding an enrollment and engrossment clause and a publication clause to be coordinated by the Town Attorney and Charter Attorney. 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 ONE SEAT ON THE ECONOMIC DEVELOPMENT CORPORATION 4B FOR A ONE-YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. Pam Cates of 213 Lakeshore Drive addressed the Council. Council Member Edstrom moved to appoint Andy Hayes to the Economic Development Corporation 4B, Council Member Matthai seconded; motion passing with a 3-1-1 vote. With Council Members Matthai and Edstrom and Mayor Pro Tem Williams voting for and Council Member Foley voted against, with Council Member Spence abstaining. DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVING THE NOMINATION OF BARRY HUIZENGA FOR CHAIRMAN OF THE PUBLIC WORKS COMMITTEE. Council Member Edstrom moved to approve Barry Huizenga as the Chairman of the Public Works Committee. Mayor Pro Tem Williams seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING STREET REPAIRS TO INDIAN CREEK FROM PEBBLE BEACH TO HERITAGE TO INCLUDE THE FOLLOWING: A. ENGINEERING PLANNED FOR THIS SECTION. B. ESTIMATED OR KNOWN ENGINEERING COSTS FOR THIS PROJECT. (PROJECT TO DATE COSTS AND AGREED UPON TOTAL COSTS FOR PROJECT) C. ESTIMATED TIME PERIOD FOR THIS PROJECT (WHEN). D. WHAT PROJECT(S) WILL FINISH UP THE $3 MILLION BOND? Council Member Foley introduced this item to give the Council the opportunity to be informed of the planned future projects, and she asked Bill LeGrand several street repair questions. Tom Rutledge, Teague, Nall and Perkins added that in 1994 a sealing project was completed. In June of 2001, additional sealing was performed. In April of 2002, Council approved presentations to be made yearly in reference to the miscellaneous street and curb repair contract, including joint and seal repairs (these projects have been limited by budget). Mayor Smith asked Bill LeGrand to come to the Council with an aggressive plan regarding street maintenance. The Public Works Committee is looking at the next area planned and will be reporting to the Council soon. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AUTHORIZING THE MAYOR OR HIS DESIGNEE TO AWARD AND EXECUTE THE CONTRACT AND ALL NECESSARY DOCUMENTS OF THE CONTRACT FOR THE PAVING AND DRAINAGE IMPROVEMENTS FOR TWO NEW PARKING LOTS AT PARKVIEW DRIVE. Roger Unger explained that we are trying to expedite the process and the bids are to be opened on December 5`h. The normal process would require the Council to address this bid on December 16`h. This approval would give us a one-week jump on the project. The action would be ratified on December 16`h. No work would begin before the 16`h to enact the preliminary contract work. If the choice of bidders were not clear-cut, this item would be placed on the December 16th agenda for Council approval. Council Member Edstrom made a motion to approve, Mayor Pro Tem Williams seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING ACCEPTING AND AWARDING OF THE RECOMMENDED BID FOR APPROVAL OF PHASE III THE LIGHTING OF EXISTING BASEBALL/SOFTBALL FIELD AT THE 10 -ACRE PARK. Page 8 Regular Session December 2, 2002 Randy Briggs explained that the bid from NEMA 3 Electric, Inc. of Midlothian, Texas in the amount of $235,812 was the lowest bid that was received. Mayor Pro Tem Williams made a motion to approve, Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING ACCEPTING THE NAMES NOMINATED AND THE NAMING OF THE 10 -ACRE PARK. Randy Briggs explained that the Parks and Recreation Committee offered five Park names. Mayor Pro Tem Williams made a motion to approve the name of the park as Trophy Club Independence Park. Council Member Foley seconded; motion carried unanimously. Mayor Pro Tem Williams moved to reconsider the motion. Council Member Edstrom seconded. The motion carried 3-1-1 with Mayor Pro Tem Williams and Council Members Edstrom and Spence voting for, with Council Member Matthai abstaining, and Council Member Foley voting against. Mayor Pro Tem Williams moved to name the park: Independence Park of Trophy Club, Council Member Edstrom seconded. The motion carried 4-1, with Council Members Spence, Matthai, and Edstrom and Mayor Pro Tem Williams voting for, and Council Member Foley voting against. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING TOWN COUNCIL TO GIVE OPINION TO THE LOCAL OPTION ELECTION COMMITTEE REGARDING: A. BEER AND WINE SALES. B. LIQUOR BY THE DRINK IN RESTAURANTS. Margi Cantrell asked the Council for input regarding beer and wine sales and mixed beverages by the drink. Pearl Ford of 2 Spring Creek Ct. addressed the Council. After discussion, Margi Cantrell will return on December 16"' for input from the Council. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN "AGREEMENT FOR COMMUNITY SERVICES" WITH METROPORT MEALS ON WHEELS. Mayor Smith explained that the Meals -On -Wheels has contracted with surrounding towns to support their efforts. Currently, we have three residents receiving meals regularly, and two dozen people attending the senior center luncheon at the Roanoke Senior Center. Council Member Edstrom moved to table this agenda item until additional information can be provided; Council Member Spence seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL TO RENEW WESTHILL CONSTRUCTION'S CONTRACT FOR 2002-2003 MISCELLANEOUS CURB REPAIRS. Bill LeGrand explained that Westhill Construction agreed to renew the contract for Miscellaneous Street and Curb Repairs. Council Member Edstrom made a motion to approve, 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. Page 9 Regular Session December 2, 2002 Item A, a resolution to Mary Denny and Item B, a resolution to Jane Nelson were pulled from the Council agenda to be returned to the December 16`h Council agenda. Council Member Foley moved to approve Item C, reducing the LOC committee quorum requirements and D. November 18, 2002 Minutes. Council Member Spence seconded. Motion carried 4-0-1 with Foley, Matthai, Edstrom and Spence voting for with Mayor Pro Tem Williams abstaining. 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. 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. C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE REDUCTION OF THE QUORUM REQUIREMENTS FOR THE LOCAL OPTION ELECTION COMMITTEE TO BE REDUCED TO FIVE. D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPROVAL OF THE REGULAR SESSION MINUTES DATED NOVEMBER 18 2002. Council Member Edstrom moved to continue the meeting past 11:00 p.m. Council Member Matthai seconded; motion carried unanimously. COUNCIL/STAFF REPORTS. Staff and Council reports were given. ADJOURN. Council Member Edstrom moved to adjourn at 11:10 p.m. carried unanimously. ATTEST: Town Secretary, Town of Trophy Club, Texas F., Council Member Spence seconded; motion