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Minutes TC 02/15/2003MINUTES OF TOWN COUNCIL WORKSHOP AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB FEBRUARY 17, 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 a Workshop/Regular Session on Monday, February 17, 2003. The meeting was held within the boundaries of the Town and was open to the public. WORKSHOP SESSION — 6:00 P.M. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Roger Williams Beverly Foley Scott Spence Susan Edstrom TOWN COUNCIL MEMBERS ABSENT: Bill Matthai STAFF AND GUEST(S) PRESENT: Diane Cockrell Sharon Huppert Roger Unger Renata Pellino-Porter Kristine Christieb Peter Combs Wanda Brewster Krista Loomis Alice Walsh CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Workshop to order at 6:08 p.m. Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member (arrived 6:14 p.m.) Town Secretary Administrative Assistant Finance Director Chairman, Public Relations Committee Public Relations Committee Member Public Relations Committee Member Public Relations Committee Member Public Relations Committee Member Public Relations Committee Member TOWN COUNCIL TO DISCUSS PUBLIC RELATION'S ROLE AS FOLLOWS: Public Relations Committee monthly obligations. Renata Pellino-Porter gave the Council and Staff an update on the activities of the Public Relations Committee. Public Relations Committee attendance and participation in videotaping of the Town Council meetings. The Public Relations Committee requested the Town Council to seek volunteers from other Committees to assist in videoing taping the Town Council meetings. Donna Welsh stated that we should advertise for assistance on Channel 7 and also advertise at the local high school's audio visual Club and the person would be paid. It was agreed upon that Sharon Huppert, representing the Town staff, would attend the Public Relations Committee meeting each month. Page 2 Regular Session February 17, 2003 Public Relations Committee developing an additional form of demographics in addition to the fact sheet. Town Council and the Public Relations Committee discussed the possibilities of obtaining additional information. The Economic Development Committee should be responsible to supply the demographics. Public Relations Committee events on Town calendar. It was stated that Public Relations events are noted on the Town calendar. Designating a Public Relations Committee Member to remain informed and take action on current local area opportunities to promote Trophy Club. No discussion incurred. Public Relations Committee member attending a relocation seminar for employees of Fidelity on Saturday, February 22, 2003, 9:00 a.m. to 2:00 p.m. As a result of discussion the Town Council and Public Relations committee members agreed that a committee member would not attend the function. ADJOURN WORKSHOP SESSION. Workshop adjourned at 7:05 p.m. REGULAR SESSION — 7:00 P.M. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Roger Williams Beverly Foley Bill Matthai Scott Spence Susan Edstrom STAFF AND GUEST(S) PRESENT: Diane Cockrell Roger Unger Bill LeGrand Robert De Los Santos Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member (Arrived 7:30 p.m.) Town Secretary Finance Director Public Works Director Director of Police and Fire Services Patricia Adams Attorney Renata Pelino-Porter Public Relations Audio Visual Person Gene Hill Planning and Zoning Chairman CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Regular Session to order at 7:18 p.m., noting a quorum was present. INVOCATION. Commissioner Jim 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. Page 3 Regular Session February 17, 2003 Neil Twomey of 203 Oakmont addressed the Council. REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT) ECONOMIC DEVELOPMENT CORPORATION AIWAYS AND MEANS COMMITTEE Neil Twomey gave the Council an update regarding EDC A that meets on Tuesday, February 18. At the last meeting visited trial balance $298,000 cash as of the end of December with cash revenues at the end of September 30 of approximately $161,000. He further stated that they do have a commitment to make in Phase I of the 10 -acre park, approximately $6,300 and further explained other obligations. Neil Twomey gave the Council an update for the Ways and Means Committee at a prior Council meeting and reported on current topics. The Committee received a memo from the Police Chief regarding vehicle usage. 10.1 money not being used properly, losing $50,000 yearly in interest. Staff needs direction to use the money to our best interest. ECONOMIC DEVELOPMENT CORPORATION B No presentation given. INFORMATION TECHNOLOGY COMMITTEE Connie Shaw and Jon Seale gave the Town Council an update regarding the Town website. They stated the new website would be introduced to the Council in the near future. TREE BOARD Darin Davis gave the Town Council an update regarding projects: Arbor Day Celebration; planting wild flowers from the State this Fall on our side of Highway 114; the comprehensive plan care of the management program to maintain what we have in public places; working with the Public Relations Committee on a brochure to inform residents on tree care. UTILITY FRANCHISE COMMITTEE Bob Downey gave the Council an update regarding the initial report that came back from Charter, the cable franchise. Members met with representatives from Charter to investigate the types of services and equipment that Charter might provide to the schools. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPROVAL OF FISCAL YEAR END SEPTEMBER 2002 AUDIT. Chris Rutledge said that the report is qualified and is a remarkable statement considering what the Town has had to deal with in 2001/2002; namely, reincorporating the Police Department and EMS and several other factors. You can see from the report that, when you originally prepared the final budget, you anticipated loosing dollars but, in fact, money was made as the final result. Mr. Rutledge further expressed that it was a pleasure to work with and have the support of Renae Gonzales, Senior Accountant, and will look forward to working with her in the future. Mayor Pro Tem Williams moved to approve the Fiscal Year End September 2002 audit; Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO ACCEPT OWNERSHIP OF A 40 FOOT STRIP OF LAND AN APPROXIMATE 0.285 ACRE TRACT CURRENTLY UTILIZED AS A PORTION OF TROPHY CLUB DRIVE• APPROVING A SUBSTANTIAL COPY OF THE DONATION DEED TRANSFERRING THE PROPERTY FROM CLUBCORP GOLF OF TEXAS L.P. TO THE TOWN; AND AUTHORIZING TOWN STAFF TO COMPLETE THE PROCESSING, VERIFICATION, AND FILING OF ALL DOCUMENTS NECESSARY TO EFFECT THE TRANSFER. Bill LeGrand explained that this is a housekeeping item and requires no involvement of Planning and Zoning. Club Corp contacted us in reference to this tract of land. Council Member Edstrom moved to accept the approval of ownership of the 40 foot strip of land currently utilized as a portion of Trophy Club Drive and approving a substantial copy of the donation Page 4 Regular Session February 17, 2003 deed transferring the property from ClubCorp Golf of Texas, L.P. to the Town; and authorizing Town staff to complete the processing, verification, and filing of all documents necessary to effect the transfer; Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE REQUEST FOR SHORT FORM PLAT APPROVAL OF AN APPROXIMATE 4.28 ACRE TRACT OF LAND KNOWN AS CHURCH OF CHRIST ADDITION LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114 EAST OF GLEN EAGLES COURT SOUTH OF INDIAN CREEK DRIVE AND WEST OF THE PLANTATION APARTMENTS. APPLICANT: CHARTER ASSOCIATES. (SFP-02-002) Gene Hill reported that in previous actions, the Council has approved the applicant's zoning and site plan for this tract of land. Prior to the Commission's review of this submittal on February 6h, the Town Engineer, the Town Planner and the Town's Public Works Department reviewed the Short Form Plat in detail. All omissions and deficiencies noted in these reviews were corrected. The contingencies noted by the Commission on February 6`" were corrected. Tonight, the Planning and Zoning Commission recommends that the Council approve the applicant's submitted Short Form Plat. The developer's next actions will be to submit their Developer's Agreement to the Council and, after the Council's approval of the Agreement, to commence construction. Council Member Matthai moved to approve the request for approval of an approximate 4.28 acre tract of land known as Church of Christ addition, located generally to the north of State Highway 114, east of Glen Eagles Court, south of Indian Creek Drive and west of the Plantation Apartments; Mayor Pro Tem Williams seconded; motion carried unanimously. TOWN COUNCIL TO OBSERVE A PRESENTATION BY MIDWEST COMMERCIAL REALTY CONCERNING ARTICLE 7 OF THE SUBDIVISION REGULATIONS ENTITLED DEVELOPER'S AGREEMENT FINANCIAL ASSURANCE AND CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS OF TOWN ORDINANCE NO. 2001-21P&Z REQUIRING THE DEVELOPER TO SUBMIT PERFORMANCE, PAYMENT AND MAINTENANCE BONDS TO THE TOWN. David Cunningham with Midwest Commercial Realty gave a presentation to the Council. He stated that the performance bond issue was questioned last week and he wanted to express his concerns to the Council tonight. Mr. Cunningham gave a history of the project and how quickly it occurred; construction is scheduled to begin in mid-March with completion by late summer. The question is developer bonding and developers don't bond. Bonds are nothing more than a warranty or an insurance policy. Contractors bond and developers connect the dots, furnish the money, and contractors begin the work. Developers will then bond the work under any condition. The Town would like to insure that there is a maintenance bond in order for the project to be constructed properly and cover the costs of repairs. Mr. Cunningham stated that he is not aware of any other town that requires a developer bond. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A PROPOSED REQUEST TO AMEND ARTICLE 7 OF THE SUBDIVISION REGULATIONS, ENTITLED DEVELOPER'S AGREEMENT FINANCIAL ASSURANCE AND CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS, OF TOWN ORDINANCE NO.2001-21P&Z. Planning and Zoning Commission participation and action not required unless Council decides amendment to Subdivision Regulations is necessary. Roger Unger clarified that the Council cannot amend this Ordinance tonight. The Council can request that the Planning and Zoning Commission address the amendment. Mr. Unger stated that he recognizes the concerns of the developer. The Town's concern for bonding is for the public infrastructure not the buildings or the slabs in the development. If they were putting in water lines and streets, the Town would like to see a bond. Mr. Unger recommended that the Council consider amending the ordinance to allow the town to be an "also insured" or a "dual obligee" to use Mr. Cunningham's terminology on the bond. Where we are still a beneficiary of the bonded indebtedness versus the way it reads tonight that Midwest Page 5 Regular Session February 17, 2003 Reality would actually have to submit a bond directly to us. Hap Baggett supplied a third party agreement document that Justin is currently using. The third party agreement is the most common way to protect the municipal infrastructure in this type of environment. Patricia Adams explained that the Ordinance was written in order to obtain one bond from the developer; Surety companies (a bonding company) usually does not react quickly; The Town doesn't have a contract with the sub -contractors; and it is much easier for staff to deal with one bond. This Ordinance provides the most protection to the Town. In reference to third party agreements, we are discussing the roads and the water/sewer lines. It comes down to the comfort level of the Council. Mayor Pro Tem Williams moved to amend the subdivision regulations to allow a third party contract and to get those changes submitted by our legal team, making sure that they get that to Planning and Zoning no later than next Thursday. Council Member Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A LANDSCAPING PLAN FOR MEDIANS ON INDIAN CREEK DRIVE. Bill LeGrand explained that he would like direction regarding a concept plan from the Council on this subject. The project, if done in-house, would cost approximately $80,000. Council Member Matthai moved to approve the concept plan (used on Trophy Club Drive) for the medians on Indian Creek Drive; Council Member Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO HEAR AN UPDATE ON INDEPENDENCE PARK AND THE COMMUNITY POOL. Roger Unger gave an update on Independence Park and the Community Pool to the Council. Independence Park will open Saturday, March 29`h. The lighting contractor should have his letter to proceed on Tuesday, February 18"'. The lights possibly will be installed by Saturday, March 22nd. The baseball association has been very cooperative with an increase in participation from their association. The baseball association succeeded in having the awnings donated by Dr. Pepper. Mr. Unger further stated that staff should approve any contracts; the swimming pool project is going very well and the foundation construction has begun in the bathhouses. We are in the critical phase at the present time running about a week ahead of schedule. Field #4 infield dimensions have been adjusted with one of the other fields in need of a slight adjustment. We are expanding the usability of several of the fields. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO DETERMINE LOCATION OF STATUES DONATED TO THE TOWN BY THE DEVELOPER. Roger Unger explained that the staff needs direction regarding placement of a statue in the flower garden at Independence Park. Mayor Pro Tem Williams moved to approve the placement of the "children on the bench" statue in the flower garden at Independence Park; and hold the other statue in abeyance for now until the pool entrance is planned. Council Member Edstrom seconded; and mentioned that Public Relations has committed to the beautification of the west entrance; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION IN REGARDS TO THE MASTER PLAN FOR THE DEVELOPMENT OF THE UNITED STATES ARMY CORP OF ENGINEERS MARSHALL CREEK PARK. Mayor Pro Tem Williams moved to table this agenda item; Council Member Edstrom 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 6 Regular Session February 17, 2003 A. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO DEDICATE REVENUE FROM PAST DUE CIA FEES TO CONSTRUCTION AND OPERATION OF THE SWIMMING POOL. B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPROVAL OF THE REGULAR SESSION MINUTES DATED FEBRUARY 3 2003. C. FINANCIAL DATED JANUARY, 2003. Council Member Edstrom moved to approve the Consent Agenda. Council Member Spence seconded the motion; motion carried unanimously. COUNCIL/STAFF REPORTS. Reports given. ADJOURN. Mayor Pro Tem Williams moved to adjourn at 9:45 p.m.; Council Member Matthai seconded; motion carried unanimously. ATTEST: Town Secretary, Ywn of Trophy Club, Texas as