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Minutes TC 05/20/2002MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB MAY 20, 2002 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in Public Hearing and Regular Session on Monday, May 20, 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 Beverly Foley Barry Huizenga Bill Matthai Scott Spence Roger Williams STAFF AND GUEST(S) PRESENT: Donna Welsh Cathy Morgas Diane Cockrell Patricia Adams Bill LeGrand Roger Unger Lee Delk Paul Rosenberger Kerin Fleck Gene Hill Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member Town Manager MUD Manager Town Secretary Town Attorney Director of Public Works Finance Director Interim Police Chief Community Development Manager P&Z Coordinator P&Z Chairman 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: Council Member Huizenga gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Scott Spence 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. Page 2 REGULAR SESSION May 20, 2002 Mr. Bill Walker of 929 Litsey Road addressed the Council. TOWN COUNCIL TO OBSERVE THE PRESENTATION OF THE SUMMER SANTA MINIATURE GOLF TOURNAMENT TROPHY TO THE TROPHY CLUB-WESTLAKE DEPARTMENT OF PUBLIC SAFETY. Dave Lieber, FWSTART Columnist, and Dan Gannon presented a trophy to Acting Police Chief Lee Delk, Acting Fire Chief Danny Thomas and MUD Manager Morgas for their victory at the Summer Santa Miniature Golf Tournament, TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING THREE (3) CITIZENS TO THREE (3) SEATS ON THE PUBLIC RELATIONS COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. A. Renata Pellino-Porter B. Peter Combs C. Cynthia Combs Council Member Edstrom explained that due to recent resignations by members of the PR Committee, there are several openings, creating a hardship to make a quorum at their meetings. Council Member Edstrom made a motion to approve the resolution. Council Member Matthai seconded; motion carried unanimously. REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT) A. ECONOMIC DEVELOPMENT CORPORATION A • Previous meeting discussion and action No report. B. INFORMATION TECHNOLOGY • Previous meeting discussion and action Council Member Matthai advised that there was not a quorum at the IT meeting earlier this evening. C. PUBLIC RELATIONS • Previous meeting discussion and action Mayor Pro Tem Edstrom shared the Committee's ideas for inclusion of articles in the Town paper and the Public Relations budget. She asked for volunteers to work with the PR Committee at the July 4`'' Celebration. D. UTILITY FRANCHISE • Previous meeting discussion and action Paul Rosenberger advised that two members were re -appointed to UFC. The committee observed a presentation on high-speed Internet options. E. WAYS & MEANS • Previous meeting discussion and action Council Member Williams stated that a meeting is scheduled next week to review the budget. He will meet with the Council at the budget workshop on June 1, 2002. 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 3 REGULAR SESSION May 20, 2002 IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. A REGULAR SESSION MINUTES DATED May 6, 2002. B. SPECIAL SESSION MINUTES DATED May 10, 2002. C. FINANCIALS DATED April 2002. Council Member Williams made a motion to approve all items on the consent agenda. Mayor Pro Tem Edstrom seconded; motion carried unanimously. REMARKS TO/FROM OUTGOING COUNCIL MEMBER. Mayor Smith, Council Member Spence, Town Manager Welsh, Mayor Pro Tem Edstrom, Council Member Matthai, and Council Member Williams each thanked Council Member Huizenga for his contributions to the Council and the Town. Ms. Pauline Twomey of 203 Oakmont and Mr. Jim Carter of 204 Fresh Meadow addressed the Council. Council Member Huizenga expressed no regrets and no reservations about leaving the council. Council Member Huizenga congratulated Beverly Foley, Susan Edstrom and Bill Matthai for their election/re-election to the council. Council Member Huizenga requested that the Town continue to put money away for street repairs. OATH OF OFFICE TO BE ADMINISTERED AND PRESENTATION OF CERTIFICATE OF ELECTION TO THE INCOMING COUNCIL MEMBERS Municipal Court Judge Chambers administered the Oath of Office to the new council members, and the Mayor presented the Certificate of Election. FIVE-MINUTE RECESS The Council took a five-minute recess at 8:06 p.m., resuming at 8:16 p.m. REMARKS TO/FROM INCOMING COUNCIL MEMBERS Mayor Smith, Council Member Spence, Town Manager Welsh, and Council Member Williams each offered welcoming remarks to the incoming council members. Council Member Foley stated she is looking forward to working with the Council and staff. Council Member Edstrom congratulated Council Member Foley on her election to the council, and stated she is looking forward to serving another term. Council Member Matthai thanked his supporters and expressed that he would like the communications between the Council and the residents to improve. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING: Council convened into Public Hearing at 8:21 p.m. PUBLIC HEARING TOWN COUNCIL TO CONSIDER AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2001-25 P&Z, THE SAME BEING AN ORDINANCE REPEALING ORDINANCE NO. 96-09 OF THE TOWN AND ADOPTING NEW PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 16, A CERTAIN TRACT OF LAND DESCRIBED AS A 23.5361 ACRE TRACT OF LAND AND GENERALLY KNOWN AS THE Page 4 REGULAR SESSION May 20, 2002 KNOLL; ADOPTING NEW PROVISIONS TO AMEND EXHIBIT C, DEVELOPMENT STANDARDS AND SINGLE FAMILY HOUSING REGULATIONS, BY CHANGING PARAGRAPH M, UTILITIES, TO PROVIDE ADDITIONAL REGULATIONS FOR THE LOCATION OF ELECTRIC TRANSFORMERS; PROVIDING FOR AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE TOWN; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING 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 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Gene Hill, Planning and Zoning Chairman, advised that this ordinance amends Exhibit C, changing Paragraph M regarding utility easement to save additional trees. TOWN COUNCIL TO CLOSE THE PUBLIC HEARING. Council closed Public Hearing at 8:24 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Council reconvened into Regular Session at 8:24 p.m. REGULAR SESSION TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2001-25 P&Z, THE SAME BEING AN ORDINANCE REPEALING ORDINANCE NO. 96-09 OF THE TOWN AND ADOPTING NEW PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 16, A CERTAIN TRACT OF LAND DESCRIBED AS A 23.5361 ACRE TRACT OF LAND AND GENERALLY KNOWN AS THE KNOLL; ADOPTING NEW PROVISIONS TO AMEND EXHIBIT C, DEVELOPMENT STANDARDS AND SINGLE FAMILY HOUSING REGULATIONS, BY CHANGING PARAGRAPH M, UTILITIES, TO PROVIDE ADDITIONAL REGULATIONS FOR THE LOCATION OF ELECTRIC TRANSFORMERS; PROVIDING FOR AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE TOWN; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING 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 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Edstrom made a motion to approve the ordinance. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING APPROPRIATE ACTION RELATIVE TO THE REQUEST FOR AMENDED FINAL PLAT APPROVAL OF A 23.5361 ACRE TRACT OF LAND ZONED PD -16 THE KNOLL, Page 5 REGULAR SESSION May 20, 2002 LOCATED GENERALLY TO THE NORTH OF GREENHILL TRAIL, WEST OF PANORAMA TRAIL AND SOUTHWEST OF RIDGEVIEW LANE. APPLICANT: TERRA LAND DEVELOPMENT COMPANY. (AFP -02-002) Gene Hill explained that the Planning and Zoning Committee unanimously approved the final plat at their April 18`h meeting. Council Member Matthai made a motion to approve the amended final plat for the Knoll. Council Member Williams seconded; motion carried unanimously. TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST FOR AN ACCESSORY STRUCTURE PERMIT LOCATED AT 800 TROPHY CLUB DRIVE. Gene Hill explained that the First Baptist Church of Trophy Club came before the Planning and Zoning Board to build a basketball court and sand volleyball court adjacent to their building. The comprehensive zoning ordinance requires that the Council approve all accessory structures exceeding 120 feet. No public hearing was required. Council Member Foley made a motion to approve the request for a structure permit. Council Member Spence seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-15, ADOPTING A SCHEDULE OF FEES FOR THE TOWN, IN ITS ENTIRETY; AND PROVIDING FOR THE ADOPTION OF A NEW SCHEDULE OF FEES BY INCORPORATION OF EXHIBIT "A", AND ALL SCHEDULES THERETO; TO INCLUDE BUILDING PERMIT FEES, INSPECTION FEES, OTHER PERMIT ISSUANCE FEES, PLUMBING, ELECTRICAL AND MECHANICAL FEES, AND PROVIDING FOR PERMIT ISSUANCE AND HEATERS AND OTHER RELATED PUBLIC WORKS DEPARTMENT FEES; PLANNING AND ZONING FEES FOR SERVICES, MAPS, MEETINGS, ZONING CHANGE REQUESTS, STAFF REVIEW, PLATTING, SUBDIVIDER AGREEMENTS, AMENDMENTS AND UPDATES AND OTHER ZONING RELATED FEES; ZONING BOARD OF ADJUSTMENT FEES; FIRE/EMS DEPARTMENT FEES; ANIMAL CONTROL FEES; FIRE PLAN REVIEW FEES; FIRE DIVISION FEES; POLICE DEPARTMENT FEES; ADMINISTRATIVE FEES TO INCLUDE FEES FOR PAPER, ELECTRONIC, AUDIO, VIDEO, OVERSIZED PAPER, MYLAR, BLUEPRINT, OTHER RELATED REPRODUCTIONS, AND RELATED PERSONNEL AND RESOURCE FEES; PROVIDING RELATED TEXAS ADMINISTRATIVE CODE GUIDELINES; PROVIDING A PARKS AND RECREATION FEE SCHEDULE "A"; PROVIDING A PURPOSE; PROVIDING APPLICABILITY; PROVIDING A WAIVER; PROVIDING FOR AMENDMENTS HERETO; PROVIDING A CUMULATIVE REPEALER; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Edstrom made a motion to adopt the new schedule of fees, with amendments (Deleting from Page 80 the Alarm Fee, Parking Permit, and Soliciting Permit and adding to Page 103 the Alarm Fee, Parking Permit and Soliciting Permit to page 103). Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING PARTICIPATION IN DRAINAGE ISSUES AT WOODLANDS COURT AND SHADY OAKS, PER HOMEOWNERS' REQUESTS. Page 6 REGULAR SESSION May 20, 2002 Mr. Kevin Watson of 3 Woodlands Court, Mr. Gordon Skinner of 2 Woodlands Court, and Mr. Robert Lemke of 4 Woodlands Court addressed the Council. Bill LeGrand added that the Town couldn't legally go onto private property and build structures as none of the affected properties abut Town property. Over the years, there have been a series of retaining walls built, and then over time silt has filled in the easement, creating a pond and causing water to flow onto the other properties. Mayor Pro Tem Edstrom asked Paul Rosenberger to work with Phil Salyer and correct the driveway infraction for drainage. TOWN COUNCIL TO OBSERVE A PRESENTATION AND TAKE APPROPRIATE ACTION REGARDING THE INCLUSION OF SIDEWALKS AND MEDIAN CLOSINGS FOR WOODLANDS COURT, SHADY OAKS COURT AND ROSS COURT ON THE FINAL DESIGN OF THE INDIAN CREEK DRIVE STREET BOND PROJECT. (WOODLANDS COURT TO EDGEMERE DRIVE). Tom Rutledge of Teague, Nall & Perkins explained the reconstruction design, to include the consideration of median closings and the inclusion of sidewalks on this section of Trophy Club Drive. As a consultant to the Town, they have evaluated the scope, pavement, drainage, and safety issues and presented a concept plan to Public Works. The first Public Hearing was January 15"', and the second was April 23. In 1996, a traffic study was performed to give a build out for the traffic projections. Indian Creek and Trophy Club Drive are major arterial streets, and Teague, Nall & Perkins is trying to balance the Town's concerns. Town Manager Welsh stated that it is staff's recommendation to leave the curb cuts as they are. The Council directed staff to keep the curb cuts as currently constructed with median openings. Tom Rutledge explained that the sidewalk design is an alternate bid that is not included in the base bid. Mr. Dennis Sheridan of 1 Hillcrest Court addressed the Council. A legal question was raised; `did the July 15, 2000 Bond Proposition authorize the use of bond funds for construction of sidewalks?'. This question would need to be answered by our Bond Counsel Pete Tart. The decision will be pending an answer from Pete Tart and addressed at the next council meeting, June 3, 2002 TOWN COUNCIL TO HEAR AN UPDATE FROM TOWN ATTORNEY REGARDING PROGRESS OF THE TRANSFER OF COMMUNITY IMPROVEMENT ASSOCIATION ASSETS TO THE TOWN, AND TO DISCUSS THE TRANSFER OF THOSE ASSETS. Town Attorney Adams stated she had received the documentation just today, and will meet later this week with Town Manager Welsh and the CIA Attorney. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, EXPRESSING ITS OFFICIAL INTENT TO REIMBURSE THE TOWN TREASURY FOR PARK AND RECREATION FACILITIES IMPROVEMENT EXPENDITURES MADE PRIOR TO THE ISSUANCE OF OBLIGATIONS IN CONNECTION WITH SUCH EXPENDITURES FOR THE PURPOSE OF CONSTRUCTING AND IMPROVING TOWN OF TROPHY CLUB PARK AND RECREATION FACILITIES; PROVIDING THAT ALL Page 7 REGULAR SESSION May 20, 2002 COSTS REIMBURSED SHALL BE CAPITAL EXPENDITURES; PROVIDING TIME FRAMES FOR THE ISSUANCE OF TAX EXEMPT OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE. Roger Unger advised that this resolution is to allow fees to be reimbursed to the Town for the Community Pool -Park Bond up -front expenditures. Council Member Williams made a motion to approve the resolution. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO HEAR AN UPDATE, DISCUSS AND TAKE THE APPROPRIATE ACTION REGARDING THE DEVELOPMENT OF A PUBLIC POOL AND SUPPORTING FACILITIES. Mr. Steve Krohn of 107 Greenhill Trail addressed the Council. Bill Hughes advised that the Parks and Recreation Committee is investigating the canopy standpoint The consensus of the Council is to not apply for a grant. Mayor Smith stated the need to approve the final design of the plan. Paul Rosenberger agreed on the need to go ahead with the final design of the project. Mayor Pro Tem Edstrom added that EDC A & B, Council and the Parks and Recreation Committee have a joint workshop scheduled. COUNCIL REPORTS AND QUESTIONS FOR STAFF • SCOTT SPENCE o East Entrance o Pool Council Member Spence gave a report. • BEVERLY FOLEY o Denton County Transportation Authority Update Council Member Foley stated that she did not have anything to add to Bill Walker's report. STAFF REPORTS None. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION Council convened into executive session at 10:35 p.m. EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.074(a)(1), PERSONNEL MATTERS, THE COUNCIL WILL ENTER INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING: THE APPOINTMENT OF A PUBLIC OFFICER — MAYOR PRO TEM TOWN COUNCIL TO CLOSE EXECUTIVE SESSION Council closed executive session at 10:46 p.m. Page 8 REGULAR SESSION May 20, 2002 TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION Council reconvened into regular session at 10:47 p.m. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION, PURSUANT TO THE TEXAS GOVERNMENT CODE SECTION 551.074 (a)(1) relative to the appointment of Mayor Pro Tem. Council Member Spence made a motion to nominate Council Member Williams as Mayor Pro Tem. Council Member Foley seconded; motion carried 4-1-0, with Council Member Edstrom voting against. ADJOURN. Council Member Foley made a motion to adjourn at 10:58 p.m. Council motion carried unanimously. k Ox 611 Mayor,' ATTES Town Secretary;Town of Trophy Club, Texas Edstrom of Trophy Club, Texas