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Minutes TC 04/19/2004MINUTES OF WORKSHOP/PUBLIC HEARING/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB APRIL 19, 2004 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 Regular Session on Monday, April 19, 2004. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Beverly Foley Mayor Pro Tem Susan Edstrom Council Member Bill Matthai Council Member Roger Williams Council Member TOWN COUNCIL MEMBERS ABSENT: Scott Spence Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Roger Unger Randy Briggs Adam Adams Gene Hill Beth Ann Gregory Neil Twomey J.D. Harvey Gary Cantrell Dwight Morrow Margi Cantrell Pam Cates Finance Director Community Development Manager/Interim Director of DPS Parks Administrator P&Z Chairman US Manager Ways and Means Advisory Group Ways and Means Advisory Group Ways and Means Advisory Group Ways and Means Advisory Group Council Candidate Council Candidate (arrived 6:07 p.m.) 6:00 P.M. WORKSHOP SESSION WAYS AND MEANS ADVISORY GROUP 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Workshop Session to order at 6:04 p.m. noting a quorum was present. 2. WAYS AND MEANS ADVISORY GROUP TO DISCUSS CURRENT PROJECTS WITH TOWN COUNCIL AND RESIDENTS. Donna Welsh explained that tonight we will be looking at an overview of the budget. Staff has cut some areas, no new employees have been added; there are some areas for new revenue. Roger Unger introduced the Ways and Means Advisory Group members that were present: Page 2 Workshop/Public Hearing/Regular Session April 19, 2004 Neil Twomey, Dwight Morrow, Gary Cantrell and J.D. Harvey. Roger explained that there are three projects that he would like to get a consensus from the Council to pursue: a. The staff has been discussing an "add-on" to this building to house staff that are currently being housed in rented modular space. b. We are proposing that we share staff and equipment costs to use the Municipal Utility District collection crew to become more efficient in street repair. c. The long time landscape contract that was with Jasper Hayes/Greenworks. The contract will expire at the end of this fiscal year. We are at a crossroad, we will be investigating the possibility of bringing the landscaping in house vs. contracting it out and put out a Request For Proposal, breaking out medians, parks, general, etc. for a revised landscape contract (to include current projects that are paid separately from the landscape contract). The number will be quite a bit larger that the current contract. There was a consensus of the Council to proceed with investigation and discussion will continue at a Council meeting in the next few weeks. Council Member Williams asked for staff to come back with a suggested cut to the proposed budget or revenue possibilities to cover the needed $125,000. Staff is to come back with a ranking for programs and Council will determine if they will find a way to pay for the programs or what programs to cut. Asked staff to look at a 1% pay increase for staff vs. 2%. Roger Unger added that current projects from the Ways and Means Advisory Group are: updated Investment Policy, banking Requests For Proposals and a policy to withdraw GASB money, and staff consolidation. Workshop adjourned at 7:03 p.m. taking a short break. TOWN COUNCIL TO CONVENE INTO REGULAR SESSION Town Council convened into regular session at 7:10 p.m. *REGULAR SESSION 1. INVOCATION. Randy Briggs gave the invocation. 2. 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." Adam Adams led the pledges. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Beverly Foley Susan Edstrom Bill Matthai Roger Williams TOWN COUNCIL MEMBERS ABSENT: Scott Spence STAFF AND GUEST(S) PRESENT: Donna Welsh Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Page 3 Workshop/Public Hearing/Regular Session April 19, 2004 Diane Cockrell Town Secretary Patricia Adams Town Attorney Roger Unger Finance Director Randy Briggs Community Development Manager/Interim Director of DPS Adam Adams Parks and Recreation Administrator Beth Ann Gregory I/S Manager Kerin Fleck Planning and Zoning Coordinator Margi Cantrell Council Candidate Pam Cates Council Candidates Jim Moss Council Candidates 3. 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. Conrad Sharpe of 102 Summit Cove addressed the Council. 4. COUNCIL/STAFF REPORTS: THIS IS AN OPPORTUNITY FOR COUNCIL AND STAFF TO PROVIDE BRIEF UPDATES ON PROJECTS AND TO PROVIDE PUBLIC SERVICE ANNOUNCEMENTS. IT IS NOT A TIME FOR THE EXPRESSION OF OPINIONS, QUESTIONS AND ANSWERS, OR DISCUSSION AMONG STAFF AND COUNCIL. DISCUSSION IS LIMITED TO WHETHER COUNCIL DESIRES TO HAVE A TOPIC PLACED ON A FUTURE AGENDA FOR FUTURE CONSIDERATION. Council and Staff reports were given. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING Council convened into public hearing at 7:26 p.m. PUBLIC HEARING 5. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING APPLICATION(S) FOR A SPECIFIC USE PERMIT(S) FOR: A. A 1.5 ACRE TRACT OF LAND REFERRED TO AS "PAD 411" LOCATED APPROXIMATELY 2.400 FEET NORTH NORTHWEST OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT WASTEWATER TREATMENT PLANT, AND 800 FEET SOUTH OF MARSHALL CREEK ROAD, AND MORE PARTICULARLY DESCRIBED AS BEING A TRACT OR A PARCEL OF LAND SITUATED IN THE R. ALLEN SURVEY, ABSTRACT NUMBER 5, IN THE TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING PART OF "TRACT 8A" CALLED 559.3807 ACRES CONVEYED TO BECK PROPERTIES TROPHY CLUB, L.P. BY DEED RECORDED IN CLERK FILE NUMBER 93-R0087516 DEED RECORDS, DENTON COUNTY, TEXAS. B. A 1.5 ACRE TRACT OF LAND REFERRED TO AS "PAD 111" LOCATED APPROXIMATELY 2,200 FEET NORTH OF MARSHALL CREEK ROAD AND APPROXIMATELY 500 FEET EAST OF THE TOWN'S WEST CITY LIMIT, AND MORE PARTICULARLY DESCRIBED AS BEING A TRACT OR A Page 4 Workshop/Public Hearing/Regular Session April 19, 2004 PARCEL OF LAND SITUATED IN THE T. KELLY SURVEY, ABSTRACT NUMBER 704, IN THE TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING PART OF "TRACT 8A" CALLED 559.3807 ACRES CONVEYED TO BECK PROPERTIES TROPHY CLUB, L.P. BY DEED RECORDED IN CLERK FILE NUMBER 93-R0087516 DEED RECORDS, DENTON COUNTY, TEXAS. Planning and Zoning Chairman Gene Hill reported that Star of Texas proposes to drill from a single site and the Planning and Zoning Commission unanimously approved both Specific Use Permits on March 18, 2004 The Public Hearing closed at 7:28 p.m. and Council reconvened into regular session at 7:28 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION `REGULAR SESSION 6. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPLICATION(S) FOR A SPECIFIC USE PERMIT(S) FOR: A. A 1.5 ACRE TRACT OF LAND REFERRED TO AS "PAD 4H" LOCATED APPROXIMATELY 2,400 FEET NORTH NORTHWEST OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT WASTEWATER TREATMENT PLANT AND 800 FEET SOUTH OF MARSHALL CREEK ROAD, AND MORE PARTICULARLY DESCRIBED AS BEING A TRACT OR A PARCEL OF LAND SITUATED IN THE R. ALLEN SURVEY, ABSTRACT NUMBER 5, IN THE TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING PART OF "TRACT 8A" CALLED 559.3807 ACRES CONVEYED TO BECK PROPERTIES TROPHY CLUB, L.P. BY DEED RECORDED IN CLERK FILE NUMBER 93-R0087516 DEED RECORDS, DENTON COUNTY, TEXAS. B. A 1.5 ACRE TRACT OF LAND REFERRED TO AS "PAD 111" LOCATED APPROXIMATELY 2,200 FEET NORTH OF MARSHALL CREEK ROAD AND APPROXIMATELY 500 FEET EAST OF THE TOWN'S WEST CITY LIMIT, AND MORE PARTICULARLY DESCRIBED AS BEING A TRACT OR A PARCEL OF LAND SITUATED IN THE T. KELLY SURVEY, ABSTRACT NUMBER 704, IN THE TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING PART OF "TRACT 8A" CALLED 559.3807 ACRES CONVEYED TO BECK PROPERTIES TROPHY CLUB, L.P. BY DEED RECORDED IN CLERK FILE NUMBER 93-R0087516 DEED RECORDS, DENTON COUNTY, TEXAS. Council Member Williams moved to approve items 6 A& B as presented. Council Member Edstrom seconded; motion carried unanimously. Council moved to agenda item number 8. 8. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN AGREEMENT WITH TROPHY CLUB MEDICAL CENTER TO TRANSPORT NON -EMERGENCY PATIENTS FROM THE TROPHY CLUB FACILITY TO OTHER FACILITIES. Fire Lieutenant Beck introduced Earl. Fitzpatrick of Trophy Club Medical Center and an agreement for non -emergency patient transports. This is an opportunity to benefit staff with more Page 5 Workshop/Public Hearing/Regular Session April 19, 2004 patient contact to increase staff experience and will occur at our convenience. We will not be adding personnel to offer this service and the service availability to the residents will not change. Council Member Edstrom moved to approve. Council Member Matthai seconded; motion carried unanimously 7. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING RESTRICTIONS AND PROHIBITIONS FOR THE USE OF MOTOR ASSISTED SCOOTERS; REQUIRING CHILDREN WEAR A PROTECTIVE HELMET; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Council Member Matthai moved to table until the next Council meeting. Council Member Edstrom seconded, motion carried unanimously. 9. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AN UPDATED INVESTMENT POLICY, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Roger Unger introduced the updated investment policy stating that it has been approved by the Ways and Means advisory group. Council Member Williams moved to approve. Council Member Edstrom seconded; motion carried unanimously. 10. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A FENCE WAIVER REQUEST TO THE REQUIREMENTS SET FORTH IN TOWN ORDINANCE NO. 2002-42 P&Z, SECTION 3 ENTITLED "FENCES", SUBSECTION "B" ENTITLED "HEIGHT REQUIREMENTS", (1) PERTAINING SPECIFICALLY TO THE HEIGHT OF REAR AND SIDE YARD FENCES, AND SUBSECTION `B" (3) OF THE SAME SECTION, PERTAINING TO THE PLACEMENT OF A SIDE YARD FENCE ADJACENT TO A SIDE STREET, FOR A PROPERTY LOCATED AT 1 GLEN EAGLES COURT, LOT 79 OF THE LAKE FOREST VILLAGE PHASE III ADDITION. APPLICANT: STEVEN B. JARRETT (FW -04-015) Mr. Jarret is seeking a waiver to the Fence Ordinance for the placement of an 8' tall fence along his side and rear yards. Currently, the applicant has a 6' tall fence. Mr. Jarrett is requesting the waiver in order to gain more privacy, as his lot is on the corner of Indian Creek and Glen Eagles Court. There is an elevation change that allows vehicular traffic passing by to see into his rear yard. Additionally, Mr. Jarrett abutts Lake Cities Church of Christ and he is seeking additional height for his rear yard for more privacy and security. Per Town Ordinances, when a residndal property abutts a non residential use, an 8' fence is allowed. The 8' allowance only applies to the rear yard however. In order to make the fence uniform, Mr. Jarrent is asking permission for the entire fence to be 8', which requires waiver approval. The Commission unanimously approved the following on this item at their 18 March 2004 Page 6 Workshop/Public Hearing/Regular Session April 19, 2004 Meeting: A motion was made to recommend approval of the fence request to increase the height to eight feet (8'), but not for the relocation of the fence to the property line. Council Member Edstrom moved to approve. Council Member Matthai seconded; motion carried unanimously. 11. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPEAL OF THE HOMEOWNERS AT 104 FAIRWAY VILLAGE FROM THE REQUIREMENTS OF ORDINANCE NO. 2001-18 REGARDING THE APPLICATION OF A WOOD SHAKE (MANSARD) ROOF AT THAT ADDRESS. Gene Hill relayed the following to the Council: Pursuant to referral from the Council, the Commission at its March 19th meeting reviewed questions concerning the recent shake shingle installation at 104 Fairway Village, the residence of Mr. and Mrs. Winters. Ordinance no. 2001-18, commonly referred to as the "Roofing Ordinance", was approved by the Town Council in 2001 to adopt new provisions for roofing requirements. The Council recognized that wood shakes and shingles used as a roof covering constitute a fire hazard and are the cause of severe fires in single-family residential neighborhoods. Section 4 identified specific prohibitions to the use of wood shakes or shingles, those being as roof covering on new construction or the replacement of more than 25% on any existing building or structure during any 3 year period. The ordinance does, however, provide exceptions for some wood shake or shingle uses on dwellings, as set forth in Section 4.2: Section 5 of the ordinance requires that a roof repair permit be secured prior to replacement of the roof covering on any building or structure within the Town prior to the replacement of the roof materials. What must be considered, however, is the matter of non-compliance with Section 4.2 (ii) of the ordinance. It is specifically stated in the ordinance that "Wood shingles or wood shakes may be used to replace wood shingles on any roof or structure, provided that: ... the wood shingles used as a replacement shall have equal or greater characteristics of a 30 year fire retardant warranty and must be approved by the Town's Planning and Zoning Commission." The Planning and Zoning Commission's approval of the materials was not sought prior to installation of the wood shakes on the building, and the installation is thereby non-compliant with the ordinance. Mr. and Mrs. Winters provided documentation to the Town Council's 15 February meeting that the wood shakes installed on their home by Denton Trinity Roofing Company carried a Class C fire retardant rating (meaning they afford a measurable degree of fire protection against light fire test exposures) and 30 -year warranty against damage by rot, mildew or termites. It is my belief this situation regarding the existing non-compliant installation of wood shakes can be resolved tonight by the Town Council if you will take action to waive the non-compliance with Section 4.2 (ii), based on the documentation previously submitted by the homeowners. I will have the Commission undertake a review of the roofing ordinance in order to clarify wording of some sections and to resolve potential future problems of this nature. One consideration may be to identify Fairway Village as a unique architectural area with unusual utilization of wood shake installations. We will bring an amended ordinance proposal to a future session for your decision. Page 7 Workshop/Public Hearing/Regular Session April 19, 2004 Council Member Edstrom moved to approve the wavier of non-compliant application of the shingles in accordance with Section 4.2(ii). Council Member Matthai seconded; motion carried unanimously. 12. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A HOME RULE CHARTER COMMITTEE AND SET CRITERIA TO MEASURE PROGRESS AND COMPLETION FOR THE COMMITTEE. Mayor Smith brought this forward as a result of findings by the Home Rule Task Force that was brought to the Council a few meetings ago. The recommendations of the Task Force were: A charter task force should be appointed from those willing to serve. Keep the task force to a manageable size 5-7 recommended plus staff support Select up to 3 charters already in use by municipalities in Texas as "boilerplate" and a point of departure for the task force. The Council should identify and agree upon a process and any limitations for obtaining community input on areas of the proposed charter. The Council should define criteria for the task force to measure both progress and completion of its task. The Mayor proposed that each Council member recommend one member each for the committee. After discussion the following were nominated: Mayor Pro Tem Foley named: Don West, Mayor Smith named David Dickson, Council Member Edstrom named Neil Twomey, Council Member Matthai named Bob Downey, Council Member Williams named Elaine Roberson. * Council Member Spence submitted Bill Rose (on April 21, 2004) Council Member Mattbai moved to approve 7 voting members (each Council member appoints one member and Darin Davis would be the 7`" member). Council Member Edstrom seconded. Motion carried unanimously. The Council also wants the committee to target the November 2004 election date and use another cities charter as a model. 13. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPOINTMENT OF A TASK FORCE FOR MARSHALL CREEK PARK. Council Member Edstrom explained that there is much to be done at Marshall Creek Park and we should ask the sports associations to participate. There are a lot of people that would like to participate. There is a need to have people to assign tasks to help with grants, etc. Adam Adams added that time line goals should be established to utilize the park to its optimal potential. Jim Moss of 979 Trophy Club Drive addressed the Council. Roger Unger shared financial information regarding the revenue and expenses projected in the current year budget. The figures reflect that the park projections show that the park is likely to break even this fiscal year. A statement from Council Member Scott Spence was read into the record: "In my opinion, Marshall Creek Park is not ready for a task force for future development at this time. In the past few weeks I've spent a number of hours studying the park itself and it's revenue generating capabilities for future development. ed beyond expenses are needed to continue to enhance the safety and quality of the Off Road Vehicle site. At this time the Parks and Rec advisory group, comprised of citizens and staff, should continue in the efforts to come.forward with their ideas to generate revenue for the park. An excellent example of this would be the remote-controlled airplane site, which has little impact on the park itself but will continue to enhance revenue generation. The addition of our high- Page 8 Workshop/Public Hearing/Regular Session April 19, 2004 school and the associated playing fields may allow us to keep Marshall Creek Park mostly passive, thereby preserving its natural beauty. " No action taken. 14. 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. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A PROCLAMATION TO DEDICATE MAY 6 2004 AS DAY OF PRAYER IN TROPHY CLUB B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 6 — 12, 2004 AS NURSE APPRECIATION WEEK IN TROPHY CLUB IN CONJUNCTION WITH NATIONAL NURSE APPRECIATION WEEK. C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF ,TUNE 13-19, 2004 AS MANAGEMENT WEEK IN TEXAS IN CONJUNCTION WITH THE NATIONAL MANAGEMENT ASSOCIATION. D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF FINANCIALS DATED MARCH 30, 2004. E. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF THE REGULAR SESSION MINUTES DATED MARCH 15, 2004. F. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF THE REGULAR SESSION MINUTES DATED MARCH 24, 2004. G. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF THE REGULAR SESSION MINUTES DATED APRIL 5, 2004. Council Member Edstrom asked to remove minutes dated April 5, 2004 for discussion. Council Member Edstrom moved to approve agenda items A, B, C, D, E, and F. Council Member Matthai seconded; motion carried unanimously. Council Member Edstrom asked that the following information be added to the minutes dated April 5, 2004 after the workshop information regarding Strategic Planning: "Council Member Edstrom distributed copies of the Vision 2010 and a copy of "Strategic Plan — Vision 2008, 2010 and Beyond. " Page 9 Workshop/Public Hearing/Regular Session April 19, 2004 Council Member Edstrom moved to approve agenda item G. Minutes dated April 5, 2004. Council Member Matthai seconded; motion carried unanimously. 15. ADJOURN. Council Member Williams moved to adjourn at 9:34 p.m. Mayor Pro Tem Foley seconded; motion carried unanimously. THE TOWN COUNCIL MAY CONVENE INTO EXECUTIV ESS ION TO DISCUSS P TED ITEMS AS ALLOWED 13Y THE TEXAS OPEN MEETINGS ACT, LGC 551.071. ; '-VI;a'yor, Townf T phy Club ATT T: Town Secretary, own of Trophy Club, Texas rk C - bye