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Minutes TC 03/04/2002MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB MARCH 4, 2002 STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, March 4, 2002. 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 Patricia Adams Bill LeGrand Kerin Fleck Gene Hill Paul Spain Jay Volk Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Finance Director Town Attorney Director of Public Works P&Z Coordinator P&Z Chairman Terra Land Development Teague, Nell & Perkins CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Smith called the Regular Session to order at 7:30 p.m., noting a quorum was present. INVOCATION: Mr. Jim Moss gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mr. Bill LeGrand 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. Mr. Harry Dayton of 103 Fairway Village, Mr. Don Cotton of 538 Timber Ridge, Mrs. Pauline Twomey of 203 Oakmont Drive, and Ms. Kathy Palmer of 9 Panorama Trail addressed the Council. Page 2 REGULAR SESSION March 4, 2002 TOWN COUNCIL TO HEAR AND DISCUSS A PRESENTATION BY THE ARTS COUNCIL OF NORTHEAST TARRANT COUNTY RELATIVE TO AN OPPORTUNITY FOR A PARTNERSHIP BETWEEN THE TOWN AND THE ARTS COUNCIL TO BENEFIT THE CITIZENS OF TROPHY CLUB. Ms. Carolyn Sims from the Arts Council of Northeast Tarrant County explained the history, purpose and benefits of the Arts Council, as well as distributed a brochure telling about the Arts Council. She would like to create a partnership with the Town of Trophy Club. Mayor Pro Tem Edstrom invited Ms. Sims to the next Public Relations Committee meeting. Mayor Smith requested a proposal. TOWN COUNCIL TO HEAR A PRESENTATION, DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST BY THE MEDLIN CEMETERY ASSOCIATION TO RETAIN THE MEDIAN ON TROPHY CLUB DRIVE IN ITS CURRENT CONDITION WITH A CROSSOVER FOR BOTH CEMETERY ENTRANCES. Ms. Pearl Ford introduced the Board Members of the Medlin Cemetery Association and made a request to Council to grant their request to retain two crossovers in the median on Trophy Club Drive. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FOR CHANGE ORDER FOR MEDIAN CUT EXPANSION TO THE EAST ENTRANCE OF MEDLIN CEMETERY AND TO AUTHORIZE FEES INCURRED FOR SAME IN AN AMOUNT NOT TO EXCEED $3300.00. Bill LeGrand explained that the original contract included the removal of the east entrance for safety reasons as determined by our engineers. This agenda request is to add back into the contract the change order to add the east entrance crossover, amounting to a cost not to exceed $3,300. Council Member Williams made a motion to approve the request for change order for median out expansion to the east entrance of Medlin Cemetery, authorizing fees not to exceed $3300. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE REPEALING ORDINANCE NO. 92-11 OF THE TOWN OF TROPHY CLUB, TEXAS, REGULATING THE DISPOSITION OF REFUSE, RECYCLABLE, AND HAZARDOUS WASTE MATERIALS WITHIN THE TOWN OF TROPHY CLUB, AND PROVIDING NEW REGULATIONS FOR THE DISPOSITION OF REFUSE RECYCLABLE AND HAZARDOUS WASTE MATERIALS WITHIN THE TOWN OF TROPHY CLUB, TEXAS; SETTING FORTH DEFINITIONS; PROVIDING FOR DUTIES OF RESIDENTIAL CUSTOMERS; PROVIDING FOR THE COLLECTION OF BRUSH; SETTING FORTH PROVISIONS FOR RESIDENTIAL COLLECTION CHARGES; PROVIDING FOR RESIDENTIAL COLLECTION OF HAZARDOUS WASTE MATERIALS; REQUIRING THE REMOVAL OF DEBRIS; ESTABLISHING DUTIES OF COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL COLLECTION; ESTABLISHING PROHIBITED ACTS; PROVIDING A CUMULATIVE REPEALER; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY IN AN AMOUNT 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 ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Bill LeGrand introduced this ordinance and explained that this ordinance covers recycling procedures and hazardous waste removal, which Ordinance 92-11 did not cover. Page 3 REGULAR SESSION March 4, 2002 Discussion ensued The Planning and Zoning Committee will write an article in the Town newspaper Around The Town, to communicate to Town residents the changes brought about by this ordinance. Mayor Pro Tem Edstrom made a motion to approve the ordinance, with the following amendments: Section 2, Paragraph 5 Refuse Containers add: All refuse placed within plastic containers shall first be placed in a plastic bag, cardboard, metal or wood box. Section 3, adding Subsection F: Every resident shall notify the approved franchise vendor for the collection of bulky waste, if such collection is needed. A fee may be assessed in accordance with the fee schedule of the approved franchise vendor. Section 10, Subsection B, changed to read: It shall be unlawful for any person owning or otherwise in control of any premises within the Town of Trophy Club to permit any of the conditions described in Section 10(a), hereof to exist upon property owned or controlled by them after having actual or constructive notice thereof, and Section 6 change spelling from mobil to mobile. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO HEAR A PRESENTATION FROM STAFF, THE PARKS AND RECREATION COMMITTEE, AND THE HK GROUP, INC., AND DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE CONCEPTUAL DESIGN AND COSTS FOR A PUBLIC POOL. Mr. Jim Moss of 979 Trophy Club Drive addressed the Council. Mayor Smith requested to table this agenda item, as Staff was not present due to illness. TOWN COUNCIL TO HEAR A PRESENTATION, DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO THE REQUEST FOR FINAL PLAT APPROVAL OF A 23.5361 ACRE TRACT OF LAND ZONED PD -16, THE KNOLL, LOCATED GENERALLY TO THE NORTH OF GREENHILL TRAIL, WEST OF PANORAMA TRAIL AND SOUTHWEST OF RIDGEVIEW LANE. APPLICANT: TERRA LAND DEVELOPMENT COMPANY (FP -02- 001) Gene Hill stated that that Planning and Zoning Commission has previously recommended to Town Council the approval of rezoning tract of land zoned PD -16 and also recommended approval of the preliminary plat of the Knoll. Both of these recommendations received the approval of the Town Council. At our Feb 21" meeting, the Commission favorably received the applicant presentation and contingency was placed for a detailed diagram of the Knoll's area to be presented to and seek approval from the Fire Department prior to this meeting. The contingency was met on February 27. The Commission now brings to you its recommendation for Town Council to approve the final plat, PD - 16, the Knoll. We believe the developers' plan will provide another area of quality homes in our community and continue to make the Town of Trophy Club a unique place to live. Mr. Jim Horner of 219 Ridge View Lane addressed the Council. Mr. Jay Volk of Teague, Nell and Perkins, and Paul Spain of Tena Land Development addressed the Council's questions. Council Member Huizenga made a motion to approve the final plat of a 23.5361 -acre tract of land zoned PD -16, the Knoll. 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, REPEALING RESOLUTION 2001- Page 4 REGULAR SESSION March 4, 2002 23; APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND NORTHWEST INDEPENDENT SCHOOL DISTRICT ("NISD"); AND ADOPTING A NEW RESOLUTION APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND NISD; 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 EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. Town Manager Welsh introduced this resolution, explaining the extension of the lease to 50 years from 15 years and the addition of "exclusive" right for use of the tennis courts during school hours. Discussion ensued Mayor Pro Tem Edstrom made a motion to approve the resolution with amendment to Number 6, the District will have the "first" right to refuse versus exclusive right Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO HOLD A DISCUSSION REGARDING CONTRACT WITH THE CITY OF FORT WORTH FOR A HAZARDOUS HOUSEHOLD WASTE RECYCLING PROGRAM AND TAKE ACTION AS APPROPRIATE. Bill LeGrand made a presentation and explained the program to recycle hazardous household waste. Town Attorney Adams advised that it is very important to educate and communicate the Town residents regarding this program. Further, Council will need to address the issue of insurance as it relates to this program. Council will need to look at including this in next year's budget and coordinate with the Municipal Utility Districts regarding billing. Mayor Pro Tem Edstrom made a motion to table this agenda item. Council Member Williams seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPROVAL OF A LEASE AGREEMENT FOR PARK LAND BETWEEN THE TOWN OF TROPHY CLUB AND BECK PROPERTIES TROPHY CLUB, LP. Town Manager Welsh explained that the parkland is the baseball field. The only change is the agreement in past has been for one year then six months and this agreement is for five years. Council Member Matthai made a motion to approve the lease agreement for parkland between the Town of Trophy Club and Beck Properties Trophy Club, LP. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE THE APPROPRIATE ACTION REGARDING THE NAMING PROCESS FOR THE 10 ACRE PARK. Roger Williams requested input regarding a method for naming the ten -acre park, with possibility of using input from the schools. Mr. Jim Carter of 204 Fresh Meadow and Mrs. Pauline Twomey of 203 Oakmont addressed the Council. Mayor Smith made a formal suggestion to name 10 acre park the Trophy Club Community Park Page 5 REGULAR SESSION March 4, 2002 Council Member Williams made a motion to ask Parks and Recreation to investigate the naming of the 10 -acre park and possibly the fields and to come back with their recommendation. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE COUNCIL COMMUNICATION BOOTH DURING ELECTION PERIOD. Council Member Williams made a motion to suspend the Council Communication Booth for the next two months during the election campaign. Council Member Spence seconded. Mrs. Pauline Twomey of 203 Oakmont addressed the Council. Discussion ensued. Town Attorney Adams advised that there is no conflict of interest under state law, but rather it would be a judgment call on part of the Council. Mrs. Pauline Twomey of 203 Oakmont and Mr. Brad Glasco of 15 Creekside addressed the Council. Motion failed 2-0-3, with Council Member Scott Spence and Council Member Williams voting for; Council Members Matthai and Huizenga, and Mayor Pro Tem Edstrom voting against. Mrs. Barb Tweedie of 220 Oakmont addressed the Council 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 SEPARATELY. A. REGULAR SESSION MINUTES DATED February 18, 2002. B. SPECIAL SESSION MINUTES DATED February 25, 2002. C. PROCLAMATION DECLARING MARCH AS "RED CROSS MONTH". Council Member Huizenga made a motion to approve all items within the Consent Agenda. Mayor Pro Tem Edstrom seconded; motion carried unanimously. COUNCIL REPORTS AND QUESTIONS FOR STAFF • MAYOR PRO TEM EDSTROM o Pool Funding/EDC Participation Mayor Pro Tem Edstrom gave a report. • ROGER WILLIAMS o CIA o Swimming Pool o DPS o Budget o East Entrance Council Member Williams gave a report. STAFF REPORTS • BILL LEGRAND o Marshall Creek update o Council Communications o Public Input o Utility Franchise committee o Ways & Means committee 0 10 acre Park Page 6 REGULAR SESSION March 4, 2002 o Trophy Club Drive & Summit Cove update Bill LeGrand gave a report. • DIANE COCKRELL o May 4 Election Diane Cockrell advised that Susan Edstrom, Jim Moss, Bill Matthai, and Brad Glasco have filed for Council. • ROGER UNGER o Letter from Comptroller of Public Accounts Roger Unger gave a report. • PAUL ROSENBERGER o Charter Communications No report. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION. Council convened into Executive Session at 10:12 p.m. EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, SECTION 551.071(1)(A) AND SECTION 551.071 (2), THE TOWN COUNCIL WILL ENTER INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING: A. CONSULTATION WITH TOWN ATTORNEY REGARDING PENDING LITIGATION AND CONSULTATION WITH TOWN ATTORNEY ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICT WITH THE OPEN MEETINGS ACT. (1) LEGAL ADVICE RELATIVE TO THE TROPHY CLUB/ WESTLAKE DEPARTMENT OF PUBLIC SAFETY CONTRACT AND PENDING LITIGATION TO WIT: THE TOWN OF WESTLAKE TEXAS V. THE TOWN OF TROPHY CLUB TEXAS TROPHY CLUB MUNICIPAL DISTRICT NO. 1, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, CAUSE NO. 153-191410-02, DECLARATORY JUDGMENT PETITION. THE TOWN MAY ADMIT TO THE CLOSED MEETING VARIOUS DIRECTORS AND REPRESENTATIVES OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT 1 (MUD1), ALONG WITH ITS ATTORNEY, AND VARIOUS DIRECTORS AND REPRESENTATIVES OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT 2 (MUD2), ALONG WITH ITS ATTORNEY, SINCE THE INTERESTS OF MUD 1 AND MUD 2 APPEAR TO BE ALIGNED WITH THE INTERESTS OF TROPHY CLUB ON THIS MATTER AND THE PRESENCE OF THOSE PERSONS IS NECESSARY FOR FULL COMMUNICATION BETWEEN THE TOWN AND ITS ATTORNEY, AS ALLOWED BY TEXAS ATTORNEY GENERAL OPINION, INCLUDING OPINION NO. JM -238. THE TOWN OF TROPHY CLUB WILL NOT ADMIT A QUORUM OF EITHER MUD1 OR MUD2 TO THE CLOSED SESSION. Page 7 REGULAR SESSION March 4, 2002 TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Council reconvened into Regular Session at 10:58 p.m. Council Member Matthai made a motion to extend the meeting past 11:00 p.m. Mayor Pro Tem Edstrom seconded; motion carried unanimously. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO THE TROPHY CLUBIWESTLAKE DEPARTMENT OF PUBLIC SAFETY CONTRACT. Council Member Matthai made a motion to approve the counter proposal of Option 2 as submitted to Westlake on February 28, 2002 and with the alternative accepted by Westlake. Council Member Williams seconded; motion carried unanimously. The agreement will be fine-tuned by the town attorney. ADJOURN. Mayor Pro Tem Edstrom made a motion to adjourn at 11: motion carried unanimously. ATTEST: -CI�tGC. r9U✓Z�i�cil Town Secretary, own of Trophy Club, Texas Spence seconded; of Trophy Club, Texas