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Minutes TC 04/07/2003MINUTES OF TOWN COUNCIL FORUM AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB APRIL 7, 2003 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 Forum and Regular Session on Monday, April 7, 2003. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL FORUM — 6:00 P.M. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Roger Williams Susan Edstrom Beverly Foley Scott Spence TOWN COUNCIL MEMBERS ABSENT: Bill Matthai STAFF AND GUEST(S) PRESENT: Diane Cockrell Randy Briggs Patricia Adams Robert De Los Santos Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Secretary Community Development Manager Attorney Director of Police and Fire Services (arrived 6:25 p.m.) CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Forum to order at 6:11 p.m. noting a quorum was present. TOWN COUNCIL TO OBSERVE A PRESENTATION FROM THE COMMUNITY DEVELOPMENT DEPARTMENT TO INCLUDE INDEPENDENCE PARK MARSHALL CREEK PARK AND TROPHY CLUB COMMUNITY POOL AND DISCUSS SAME. Randy Briggs from the Community Development Department gave a presentation on Independence Park, Marshall Creek Park and Trophy Club Community Pool. Pearl 0. Ford, Wendy Hill, Steve Gregory, Jean Carter, addressed the Council. ADJOURN FORUM SESSION. The Forum was adjourned at 6:58 p.m. Page 2 Regular Session April 7, 2003 REGULAR SESSION — 7:00 P.M. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Roger Williams Mayor Pro Tem Susan Edstrom Council Member Beverly Foley Council Member Bill Matthai Council Member (arrived at 7:32 p.m.) Scott Spence Council Member STAFF AND GUEST(S) PRESENT: Diane Cockrell Roger Unger Bill LeGrand Randy Briggs Robert De Los Santos Patricia Adams Gene Hill Carol Brown Wanda Brewster Tom Rutledge Jay Marsh David Cunningham Neal Twomey Renata Pellino-Porter Town Secretary Finance Director Public Works Director Community Development Manager Director of Police and Fire Services Attorney Planning and Zoning Chairman Trophy Club Women's Club Public Relations Committee Teague Nall & Perkins Pate Engineers Midwest Commercial Realty Council Candidate Council Candidate CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Regular session to order at 7:12 p.m. noting a quorum was present. INVOCATION. Jean Carter 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 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. Linda Mills of 113 Seminole Drive and Neil Twomey 203 Oakmont Drive addressed the Council. TOWN COUNCIL TO INTERVIEW APPLICANTS FOR THE TREE BOARD. • Uschi Szpak Town Council to interview candidate later in the meeting. • Jenifer Reed Town Council had a brief discussion with the candidate, Jenifer Reed. Page 3 Regular Session April 7, 2003 TOWN COUNCIL TO INTERVIEW APPLICANT FOR THE LIBRARY BOARD. Jenifer Reed Town Council had a brief discussion with the candidate, Jenifer Reed. TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE REQUEST FOR A TEMPORARY USE COMMUNITY GARAGE SALE GRANTED BY SPECIAL PRIVILEGE. Gene Hill explained that the Planning and Zoning Commission unanimously approved the garage sales temporary use permit application at their meeting on March 20`' Council Member Edstrom moved to approve the Request for a Temporary Use Permit for the Trophy Club Women's Club garage sale as written. Mayor Pro Tem Williams seconded; motion carried unanimously. TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE REQUESTS FOR TEMPORARY USE PERMITS FOR THE FOLLOWING: A. ARBOR DAY (26 APRIL 2003) B. 4TH OF JULY CELEBRATION (4 JULY 2003) C. TROPHY CLUB DAY (18 OCTOBER 2003) D. CHRISTMAS TREE AND CLOCK TOWER LIGHTING (6 DECEMBER 2003) Gene Hill explained that the Planning and Zoning Commission unanimously approved the temporary permits for Arbor Day, 4`'' of July Celebration, Trophy Club Day, and Christmas Tree and Clock Tower Lighting at their meeting on March 20''. Council Member Edstrom moved to approve the Request for a Temporary Use Permit for the Arbor Day, Xh of July Celebration, Trophy Club Day, and Christmas Tree and Clock Tower Lighting. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF A CHANGE ORDER FOR ADDITION OF SIDEWALKS TO THE CURRENT INDIAN CREEK DRIVE STREET RESTORATION PROJECT. Marvin Bonner, Jr. of 53 Panorama Circle, Dennis Sheridan of 1 Hillcrest Ct. and Michael Hickey of 541 Indian Creek addressed the Council. Susan Edstrom explained that the residents on Indian Creek expressed disappointment in the street construction. The residents were under the impression that there would be of sidewalks and a change in the street elevation during the project. After the sidewalks and elevation change to the project, the residents were not advised of the change. Mayor Smith explained that on June 3, 2002 the sidewalks were removed from the project. Gene Hill added that the pathway plan was not designed to stipulate where sidewalks would be placed. The plan was created to direct pedestrians off of Indian Creek Drive. Tom Rutledge will address the Council at the April 21" meeting with a comparable plan for the east or west side of Indian Creek Drive. Council Member Spence moved to table until the next meeting. Mayor Pro Tem Williams seconded; motion carried unanimously. Page 4 Regular Session April 7, 2003 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING REVIEW OF STREET SPECIFICATIONS WITH TEAGUE NALL AND PERKINS, WITH POSSIBLE REVISION OF SPECIFICATIONS, AS RECOMMENDED BY GENE MARTER, PE. At the last Council meeting in discussions regarding Town streets, Gene Marter, an independent engineer, reviewed our streets and offered recommendations to our street specifications. Tom Rutledge explained that the design standards and specifications being utilized in the Town at this time have been in effect since 1990..He further stated there is no certification program that meets the requirements to certify inspectors. During his presentation, Tom Rutledge provided the Council documentation on the following: The documents used in the Town's Design Standards. • Town Specifications for Construction (NTCOG). These specifications are used to direct the contractor and are part of the contract documents. • Contract documents include: plans, construction details, general conditions, construction performance, construction specifications. • Contact documents specifically cover each item of work under the contract (there is no silence in the specifications). • Performance Related Specifications are included in the documents. • The specifications are enforced through on-site inspection, geo tech field materials testing lab, field technicians on job overseeing quality control and assurance (lime series, compaction tests, concrete cylinders for strength verification and job site meetings with contractor, engineer and Public Works Director. He also provided information in response remarks made at the March 17 workshop as follows: • Pavement or base thickness deficiency should be included in bid process (See NTCOG specification table 303.7.2(a); same as recommended by Mr. Marter and used by Teague Nall & Perkins today) • Concrete Strength Deficiency (See NTCOG Specification Table 303.7.3.1.(a); same as recommended by Mr. Marter and used by Teague Nall & Perkins today) Council Member Foley presented a petition from the residents of Ross Court requesting that there be no reconstruction performed on Ross Court. Beverly Foley moved to have Gene Marter review the street specifications for Trophy Club for suggestions. Motion failed for lack of a second. Council Member Edstrom moved to approve the street specifications submitted by Teague Nall and Perkins. Council Member Matthai seconded. Motion failed with a 2-3-0 vote with Council Members Edstrom and Matthai voting for and Mayor Pro Tem Williams, Council Members Foley and Spence voting against. Council Member Foley moved to delay 30 days in order to allow a second opinion to review the specifications. Mayor Pro Tem Williams seconded with a 3-2-0 vote. Mayor Pro Tem Williams and Council Members Foley, and Spence voting for and Council Members Matthai and Edstrom voting against. Page 5 Regular Session April 7, 2003 TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE REQUEST FOR PRELIMINARY PLAT APPROVAL OF A 22.417 ACRE TRACT OF LAND KNOWN AS TROPHY WOOD BUSINESS CENTER, LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF T.W. KING ROAD AND SOUTH OF HANNA COURT AND JAMIE COURT. This Preliminary Plat was reviewed and discussed by the Commission at our meeting on March 20, 2003. At that time, it was noted that this Preliminary Plat differs from the Planned Development Zoning Ordinance by including the approximately 6 acres of the proposed Medical Hospital, identified as Block B Lot 7 on the map, currently zoned CG (Commercial General) Medical Use. The Commission anticipates that the Medical Hospital site will be the subject of a future Planned Development zoning request prior to development. Also noted, the tracts shown on this plat differ somewhat from those shown in the PD Ordinance. The developer stated that the ultimate tract alignments will be dependent on identification of tenants and use of each site, and he will seek replats as development progresses. The Fire Department, Public Works Department, Town Planner and Town Engineer have each signed off on this Preliminary Plat submittal. The Final Plat for Trophy Wood Business Center is currently under review by Staff and will be presented to Council following Commission review and action. After due consideration and discuss, the Commission unanimously approved a motion to recommend this Preliminary Plat of Trophy Wood Business Center to Council for your approval. Pearl O. Ford of 2 Spring Creek Court addressed the Council. Jay Marsh and David Cunningham addressed the Commission at the 20 March P&Z meeting. The difference between the Preliminary Plat and the PD zoning Ordinance is that the Preliminary Plat includes the entire 22 acres of the site. The proposed Medical Hospital's 6 acres is part of this Plat. Also, the tracts are divided differently than what was shown in the Zoning Ordinance. Mr. Cunningham stated that was due to not knowing what tenant/use will be on each site. When this is confirmed, the developer will seek replats for the tracts. The Fire Department, Public Works Department, Town Engineer and Town Planner have each signed off on this Preliminary Plat submittal. The Final Plat is still in the process of receiving staff reviews. The construction plans, which usually take approximately 1 month to review, were submitted late, giving staff approximately 1-1/z weeks to complete their reviews. The construction plan review is a component of the Final Plat review. Council Member Edstrom moved to approve the request for preliminary plat approval of a 22.417 acre tract of land known as Trophy Wood Business Center; Mayor Pro Tem Williams seconded: motion carried unanimously. TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A FENCE WAIVER REQUEST TO THE REQUIREMENTS SET FORTH IN TOWN ORDINANCE NO. 2002-42 P&Z, SECTION 3 ENTITLED "FENCES", SUBSECTION "C" ENTITLED "TYPE OF FENCES AND CONSTRUCTION, (6) PERTAINING SPECIFICALLY TO THE CONSTRUCTION OF PARALLEL FENCES, FOR A PROPERTY LOCATED AT 4 GLENDALE COURT, LOT 223 OF SECTION THREE. Page 6 Regular Session April 7, 2003 Gene Hill explained that the property owner is requesting a waiver to the Fence Ordinance in order to construct a parallel fence across an approximate 20' portion of his rear yard. (refer to site plan for exact location) The property behind Mr. Brumley has a drainage easement running along the rear of his property. The property owner constructed his fence 5' inside his property line. During heaving rains, the easement fills up with water. Mr. Brumley is requesting the waiver due to safety concerns for his 2 -yr old daughter. If the fence is constructed as proposed, there will still be access to the easement for utility companies and site maintenance from the Brumley's driveway. The Planning & Zoning Commission recommended approval of the fence waiver at their 20 March 2003 meeting. Council Member Spence moved to approve the Fence Waiver request with the requirements set forth in Town Ordinance No. 2002-42 P&Z; Council Member Edstrom seconded: motion carried unanimously. Moved to Agenda Item #5 to interview Uschi Szpak. TOWN COUNCIL TO INTERVIEW APPLICANTS FOR THE TREE BOARD. Uschi Szpak Town Council had a brief discussion with candidate Uschi Szpak. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING PUBLIC WORKS COMMITTEE'S RECOMMENDATION TO MOVE FORWARD WITH REQUEST FOR PROPOSALS FOR TRASH SERVICE FOR THE TOWN OF TROPHY CLUB. Bill LeGrand explained that the Public Works Committee stated although Trinity Waste has provided quality trash service for the Town, it is believed to be in the Town's best interest to move forward with Request for Proposals for trash service and review the results. Patricia Adams explained that a 30 -day notice is written in the contract. Patricia Adams suggested that Council allow her to review the termination provisions of the contract documents and to authorize staff to move forward with the Request for Proposals after she reviews those termination provisions so that in the event that the contract could be terminated, staff would not have to bring the item back to Council for action. Council Member Foley moved to approve allow Patricia Adams to review the termination provisions of the contract documents and to authorize staff to move forward with the Request for Proposals after she reviews those termination provisions. Council Member Matthai seconded: motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2002-45 PROVIDING CERTAIN RULES AND REGULATIONS GOVERNING THE USE OF MARSHALL CREEK PARK AND ADOPTING NEW 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, MOTORCYCLES, MOPEDS AND MOTOR -DRIVEN CYCLES; 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 Page 7 Regular Session April 7, 2003 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 this Ordinance adds an annual pass under the Fee schedule; addition that All Terrain Vehicles are required to wear helmets at all times and special event application procedure to allow 10 days to get on a Council agenda for approval. Mayor Pro Tem Williams moved to approve the Ordinance as written providing certain rules, i.e., In the event that there is a conflict between the fee charged in this Ordinance and the fee charged in the Schedule of Fees Ordinance the amount specified in the fee ordinance shall control the fees charged for Marshall Creek Park. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING LEASING PORTABLE SHOWER AND RESTROOMS FOR THE COMMUNITY POOL FROM OPENING DAY TO 5 JULY 2003. Mayor Pro Tem Williams moved to approve the proposal for leasing portable shower and restrooms for the community pool as written. Council Member Spence seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE NON-EXCLUSIVE PARK FACILITIES USE AGREEMENT AND DIRECTING THE MAYOR OR DESIGNEE TO EXECUTE USE AGREEMENTS WITH LOCAL SPORTS ASSOCIATIONS SUBJECT TO STAFF FINALIZING THE APPLICABLE TERMS OF MAINTENANCE. Donna Welsh, Town Manager, requested that this agenda item be tabled because of questions from the Town sports associations. She recommended scheduling a meeting to include the president of each sports association along with Town staff, Donna Welsh, Randy Briggs, and Patricia Adams. Council Member Matthai moved to table this item. Council Member Edstrom seconded, motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE LAYING OF WATER LINE TO MARSHALL CREEK PARK POSSIBLE UPGRADE TO 8" MAIN, AND UNITED STATES ARMY CORP OF ENGINEERS (USACE) MAKING ADDITIONAL IMPROVEMENTS OF EQUAL COST AS REIMBURSEMENT TO THE TOWN. Randy Briggs explained that due to the short amount of time that is available to place the waterline into Marshall Creek Park, I am requesting that you approve an alternate plan that will enable the Town to have an adequate waterline inside Marshall Creek Park, which will provide sufficient amount of water so that the necessary improvements may be planned for Marshall Creek Park. Staff recommends that Council accept work to be done in Marshall Creek Park in lieu of payment for upgrading water main to Marshall Creek Park due to USACE request for work in lieu of payment. Council Member Matthai moved to approve the laying of the water line to Marshall Creek Park and United States Army Corp of Engineers (USACE) making additional improvements of equal cost as reimbursement to the Town as recornmended by Staff. 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 TREE BOARD FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. Page 8 Regular Session April 7, 2003 Council Member Edstrom moved to appoint Uschi Szpak to the Tree Board 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 CITIZEN TO ONE (1) SEAT ON THE LIBRARY BOARD FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Williams moved to appoint Jenifer Reed to the Friends of the Library Committee. Council Member Spence 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 MARCH 17 2003. B. EXPENDITURE OF THE COURT SECURITY FUNDS FOR PURCHASE OF AN INTEGRATED ACCESS CONTROL SYSTEM FOR THE MUNICIPAL BUILDING AND THE DEPARTMENT OF PUBLIC SAFETY BUILDING WHICH HOUSES COURT OFFICES. C. PROCLAMATION DECLARING MAY IST OBSERVANCE OF NATIONAL DAY OF PRAYER. Council Member Edstrom made a motion to table the March 17 minutes until the next meeting. Council Member Matthia seconded the motion with a 4-1-0 vote with Council Members Edstrom, Foley, Matthia and Spence voting for and Mayor Pro Tem Williams voting against. Council Member Foley moved to approve the Consent Agenda. Council Member Edstrom seconded the motion; motion carried unanimously. COUNCIL/STAFF REPORTS. Council and staff reports were given. ADJOURN. Mayor Pro Tem Williams moved to adjourn at 10:58 p.m.; Council Member Spence seconded; motion carried unanimously. - ATTEST: Town Secretary, Town ofjrophy Club, Texas