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Minutes TC 09/20/1994MINUTES OF PUBLIC HEARING/TOWN COUNCIL MEETING TOWN OF TROPHY CLUB' TEXAS SEPTEMBER 20 ' 1594 THE STATE OF TEXAS § � COUNTY OF DEWT[)N § The Town Council of the Town of Trophy Club, Texas met in a regular session on Tuesday, September 20' 1994. The meeting was held within the boundaries of the Town and was open to the Public. CoUncilmembers Present: Jim Carter Gene Hill Doug Glaapell Cotton Moore Patti Stoltz Mayor Mayor Pro Tem CouDCilmember Councilmember Councilmember Councilmgmber Engglbech joined the meeting at agenda item 14' Also present were guests and staff members: Donna Welsh Town Manager John Hill Town Attorney Jack Jacobs Town Treasurer Pauline Shaw Planning & Zoning Administrator Bill LeGround Public Works Director Karen Sadri Town Secretary John Carter Chairman of Finance Committee Dan Almon Sr. Vice President/Southwest Securities Matt Peden Southwest Securities Peter Tart Bond Attorney/MnCall,Parkhurst & Horton, L.L.P. Geary Terry Area Manager, S.W. Bell Fred Balda Hillwood Development Corporation Hap BaQ8ett V.P'` Beck Properties Inc' Police Chief Franklin was absent due to another commitment. CALL TO ORDER. Mayor Carter called the meeting to order at 7:03 p.m. noting a quorum was present. He then welcomed Counoilmembers guests, and staff. INVOCATION. An Invocation was given by John Carter, Finance Committee Chairman. Page 2, Public Hearing/Town Council Meeting/ 9-20-94 PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS. The pledge of allegiance to the American and Texas Flags was led by Bill LeGrand, Public Works Director. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF TOWN OF TROPHY CLUB, TEXAS GENERAL OBLIGATION BONDS, SERIES 1994. Because of the time legality of opening the Bonds , Mayor Carter asked to skip to agenda 6 to start the meeting. He then announced that all bids were known as we have them with no other in-house bids having been received. Dan Almon, Sr. Vice President of Southwest Securities, opened and read the four sealed bids. Since Smith Barney Inc. was the lowest bidder at the effective interest rate of 6.197%, he recommended the Town Council accept that one. He was pleased that major national security companies placed bids and that we qualified for insurance. Because this was the first time the Town has had to sell bonds, Mayor Carter was exceptionally pleased with all aspects of the sale. As there was no discussion nor audience remarks, Mayor Pro Tem Hill made a motion to adopt the ordinance authorizing the issuance, sale, and delivery of bonds. Councilmember Glaspell seconded; motion passed unanimously. The Mayor then called for a recess to sign the appropriate legal documents. *PRESENTATIONS BY CITIZENS After returning from the recess, the Mayor went to agenda item 16. Gary Terry, S.W. Bell Area Manager, thanked the Town for using his company and expressed how happy he was to have us as a customer. No other citizens wished to make comments. PUBLIC HEARING: TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS TO CONDUCT A PUBLIC HEARING ON THE FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995. Mayor Carter then returned to agenda item 4. Mayor Pro Tem Hill made the motion to open the Public Hearing. Council Member Stoltz seconded; motion passed unanimously. Pearl Ford, C.I.A. Board Member, of 2 Spring Creek Court inquired about the actual rate increase because she had received calls from confused citizens. Treasurer Jacobs explained that the base tax rate of .3361 had remained the Page 3, Public Hearing/Town Council Meeting/ 8-20-84 samo, but the inclusion of the 9 cents for the bond debt brought the total to .4261. Ma. Ford then suggested that along with the newspaper publication, an additional method of explanation be used in the future. Mayor Carter thanked her for the Suggestion and requested that the next Town newsletter include this information. TOWN COUNCIL TO ADJOURN PUBLIC HEARING As there was no other discussion; Mayor Pro Tam Hill made a motion to close the Public Hearing and meet on September 30 at 7:00 a.m. to set the tax rate. Council Member Qlaapell seconded; motion passed unanimously. Because the date was set for the ordinance on the tax rate, agenda item 7 was dropped. TOWN COUNCIL TO CONSIDER AN ORDINANCE REGARDING LONE STAR GAS RATES. Mayor Carter explained that Lone Star has asked to table any action because of pending negotiations and that the rates have been somewhat lowered. Mayor Pro Tem Hill then made a motion to table this ordinance until the October 18th meeting. Council Member Stoltz seconded; motion passed unanimously. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROHIBITING, EXCEPT AS MAY BE AUTHORIZED BY THE PLANNING AND ZONING COMMISSION, THE USE OF WOOD SHINGLES OR WOOD SHAKES: (1) AS A ROOF COVERING ON ANY BUILDING OR STRUCTURE FOR WHICH A BUILDING PERMIT IS ISSUED ON OR AFTER THE EFFECTIVE DATE HEREOF, OR; (2) TO REPLACE 50% OF MORE OF THE ROOF COVERING ON ANY BUILDING OR STRUCTURE FOR WHICH A BUILDING PERMIT WAS ISSUED OR WHICH WAS CONSTRUCTED OR ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING THAT ALTERNATE MATERIALS WITH A CHARACTERISTIC EQUAL TO OR GREATER THAN A 30 YEAR FIRE RETARDANT WARRANTY MAY BE USED UPON APPROVAL BY THE PLANNING AND ZONING COMMISSION; PROVIDING DEFINITIONS; REQUIRING THAT A BUILDING PERMIT BE ACQUIRED TO THE REPLACEMENT OF 50% OR MORE OF ANY ROOF COVERING; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUN 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 AN EFFECTIVE DATE. Pauling Shaw, Planning and Zoning Administrator, informed the Council that the Commission reviewed the amended ordinance and remained adamant about refusing the use of wood shingles and shakes. They would be flexible about products with a 30 year fire retardant warranty but wanted a building permit for replacement of 50% or more of a roof. She suggested that Page 4` Public Hearing/Town Council Meeting/ 9-20-94 this new information also be in the next newsletter. As no discussion ensued. Mayor Pro Tem Hill made a motion to adopt the ordinance concerning wood shakes and shingles. Counoilmember Moore seconded; motion passed unanimously. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REQUIRING THE OWNER OF ANY PROPERTY TO REMOVE THEREFROM ANY GRAFFITI THAT IS VISIBLE TO THE PUBLIC; PROVIDING THAT NOTICE SHALL BE GIVEN PRIOR TO REQUIRING THE REMOVAL OF GRAFFITI; REQUIRING NOTICE TO GOVERNMENTAL ENTITIES ON WHOSE PROPERTY GRAFFITI EXZ8TS', PROVIDING EXCEPTIONS AND DEFENSES; PROVIDING DEFINITIONS; PROVIDING THAT IT SHALL BE AN OFFENSE FOR THE PARENT OF A MINOR TO KNOWINGLY PERMIT, DR BY INSUFFICIENT CONTROL TO ALLOW, THE MINOR TO PLACE GRAFFITI ON PROPERTY WITHOUT THE OWNER'S CONSENT; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($ 500.00) 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 AN EFFECTIVE DATE. Planning and Zoning Administrator Shaw informed the Council that the Commission wants to be proactive and deter any more graffiti than that which was on the wall along Highway 114 and the few incidents within they Town. The Council discussed exactly what graffiti is and the incorporation of this and the sign ordinance to make it easier for the citizens and the court. Mayor Pro Tem Hill then made a motion to withdraw this ordinance. Cuunoilmember Glaspe*ll seconded; motion passed unanimously. He also directed the staff to incorporate the graffiti and sign ordinances to adopt at a future date. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE 92-08 RELATING TO THE REGULATION OF MOTOR VEHICLES AND TRAFFIC BY AMENDING SECTION 4.A. THEREOF RELATING TO THE LOCATION OF STOP SIGNS BY REQUIRING THE PLACEMENT OF A STOP SIGN AT THE FOLLOWING ADDITIONAL LOCATIONS: (A) PIN OAK DRIVE AT TROPHY WOOD DRIVE, (B) PEBBLE BEACH DRIVE AT TROPHY WOOD DRIVE, AND (C) INVERNESS DRIVE AT TROPHY WOOD DRIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY; PROVIDING AN EFFECTIVE DATE. After the Council determined that these were new stop a1Qn postings, Mayor Pro Tem Hill made a motion to approve the amended ordinance. Counoilmember Moore seconded; motion passed unanimously. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AWARDING A CONTRACT FOR THE EXTENSION OF TROPHY WOOD DRIVE TO SUNMOUNT CORPORATION; PROVIDING THAT THE SAID AWARD Page 5' Public Hearing/Town Council Meeting/ 8-20-94 IS CONTINGENT UPON THE TOWN RECEIVING THE EXTENSION RIGHT-OF- WAY B\' GRANT FROM THE OWNER OF THE LAND; PROVIDING AN EFFECTIVE DATE. Bill Legrand, Director of Public Works, informed the Council that 7 bids were sent to the Town Engineers of Teague, Nall, and Perkins. The engineers recommended that the contract be awarded to the lowest bidder, SunmDunt Corporation, who has done previous work for the Town and has a good local reputation. The bid did include the repair, signs, striping, and barricades for the project. Discussion ensued relating to the verbal commitment from the current owner of the easement and to the absence of legal documentation supporting his agreement. To protect the Town the Council requested that the landowners name and company name be included in Whereas #4 and in Section 2 of the resolution. The current landowner is William Lautgrbaoh of Globe Net, Inc. out of Washington, D.C. Because the awarding of the contract to Sunmount Corporation is contingent upon receiving the right-of-way by grant and not gale from Mr. Lauterbach, Town Attorney Hill recommended the decision be postponed until the October 18th meeting. This delay would also meet the 30 day time frame with the bidding company. Councilmember Glaspell then made ea motion to follow the Attorney`s recommendation and to specify the landowner's name and company. Mayor Pro Tem Hill seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER GRANTING A VARIANCE TO ORDINANCE 92-06 CONCERNING THE HEIGHT OF A FENCE TO MR. LEW ANDERTON OF 403 HILL TOP DRIVE AND TAKE APPROPRIATE ACTION. Mayor Carter informed the Council that Mr. Anderton had a family emergency and had requested his consideration be placed on next month's agenda. Counoilmnmber Glaspell made a motion to do so. Mayor Pro Tam Hill seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER GRANTING A RENEWAL OF A VARIANCE TO ORDINANCE 92-12 CONCERNING THE "MODELS HIGHLAND HOMES" SIGNS AND TAKE APPROPRIATE ACTION. CounCilmembgr Engelbeok joined the meeting at this time. Nr. Fred Balda of Hillwond Development Corporation requested an extension to the existing G signs in order to sell §D more lota. Planning and Zoning Administrator Shaw volunteered that the signs have been painted and are currently being maintained. Page 6, Public Hearing/Town Council Meeting' 9-20-94 Mayor Carter commented on the solid construction of the houses and the added attractiveness to Trophy Club. After it was determined that maintenance would continue on a regular basis, Councilmember 6laapell made a motion to Brant the renewal starting October 1. 1994 for a year's duration or until sign ordinance changes were made. Mayor Pro Tem Hill seconded; motion passed unanimously. CONSENT AGENDA: ALL MATTERS LISTED ARE CONSIDERED TO BE ROUTINE By THE TOWN COUNCIL AND WILL BE ENACTED BY ONE MOTI(}N, 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, As there was no discussion, Counoilmgmb*yr Gl8apell made a motion to approve the Consent Agenda. Mayor Pro Tem Hill seconded; motion passed unanimously with Councilmemb8r Engglbeok abstaining from Item A. The approved item is as follows: A. Minutes of the September 6, 1594 Public Hearing/ Town Council Meeting. B. Financial Reports Ending August 31, 1994 C. /\ resolution of the Town of Trophy Club' Texas approving and accepting au contract by and between the Town and Denton County regarding they joint purchase of certain materials and supplies for fiscal year 1094-1895; authorizing the Mayor to execute the contract; providing an effective date. D. /\ resolution of the Town Council of the Town of Trophy Club, Texas declaring and approving October 17 through October 24, 1594 as ^Nahm a Difference Week", encouraging citizens to donate items for delivery to those leas fortunate during that week; providing an effective data. STAFF AND COMMITTEE REPORTS Planning and Zoning Administrator, Pauline Shaw, reported that 2 new builders had visited and inquired about working here' Public Works Director, Bill LmGrand, informed the Council that the contracts and weed control have been priorities this past month. Page 7, Public Hearing/Town Council Meeting/ 9-20-9d town Treasurer, :ack Jacobs, reported that the Budget's projected actuals are better than the figures indicate, especially, on t^e revenue side. Town Manager, Dc-ra Welsh, reminded the Council to mark their calendars for S-a-.urday, October 22, for the annual Chamber of Commerce Party. Finance Committee Chairman, John Carter, had nothing to report. *PRESENTATIONS BY COUNCIL Councilmember Engelbeck expressed his concern regarding the laxness of the mowing of the cul-de-sacs. it was explained that the contract requires twice monthly maintenance and that it has been done three times due to the many rain storms. He also inquired about the inventory/revenue status of the trash bags. ADJOURN Mayor Pro Tem Hill made a motion to adjourn at 8:30 p.m. and to reconvene September 30th at 7:00 a.m. to set the tax rate. Councilmember Engelbeck seconded; motion passed unanimously. X -12M J f6WN SECRETARY L U F R E G: 11 O N TO I I N (JI E �S U 1- SFPITEIIIBEF<20, 1 C:HLL TO ORDER WAS COrf L-)i_iC; i F0 Y MAYUP C:AR i EP : NOT MAYUR PRO EM HILL