Loading...
Minutes TC 06/04/2001MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB JUNE 4, 2001 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in Regular Session on Monday, June 4, 2001. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Susan Edstrom Barry Huizenga Bill Matthai Scott Spence Roger Williams STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Jim Buxton Bill LeGrand Paul Rosenberger Greg Tucker Patricia Adams Kerin Fleck Rick Gilliland REGULAR SESSION Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Finance Director Director of Public Works Assistant to Town/MIJD Managers Deputy Director of DPS Town Attorney Planning & Zoning Coordinator Vice Chairman, Planning and Zoning Commission CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Smith called the Regular Meeting to order at 7:31 p.m., noting a quorum was present. INVOCATION: Mr. Jim Buxton gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Council Member 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. There were no presentations made. REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT) ECONOMIC DEVELOPMENT CORPORATION—JAMES HICKS Jim Buxton reported that the EDC is soliciting requests for funding projects that promote economic development. Page 2 REGULAR SESSION June 4, 2001 PUBLIC RELATIONS COMMITTEE — JODI ASHBY, CHAIRMAN Mayor Pro Tem Edstrom listed the Committee's on-going projects: interviewing candidates, working on the July 4� Celebration and working with the EDC on "Shop Trophy Club" project, to help promote economic development. PUBLIC WORKS COMMITTEE — NESTOR KARLIS, CHAIRMAN Nestor Karlis shared the recycling survey results. Out of three hundred and twenty three participants, 94.7% wanted curbside recycling and 87% wanted the hazardous materials, the CRUD Mobile Program. Results from the Committee's display of bins and bags, the bins were preferred; bags may be able to be used in case of overflow. PARKS & RECREATION COMMITTEE — BILLY HUGHES, CHAIRMAN Council Member Matthai commented that Hoover & Klein will be bringing a concept drawing to the Parks and Recreation Committee Meeting on June 5, 2001. UTILITY FRANCHISE COMMITTEE— RICHARD HOBDAY, CHAIRMAN Deferred to Right -of -Way Ordinance Presentation. TOWN COUNCIL TO OBSERVE A PRESENTATION AND DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REOUEST FOR MERITORIOUS EXCEPTION TO SIGN ORDINANCE NO. 1999-13, IN ORDER TO ALLOW TWO (2) TEMPORARY DEVELOPMENT SIGNS ON A 4.2821 ACRE TRACT OF LAND ZONED PO -PROFESSIONAL OFFICE, GENERALLY LOCATED TO THE NORTH OF SH 114 AND SOUTH OF INDIAN CREEK DRIVE. (APPLICANT: LAKE CITIES CHURCH OF CHRIST) Vice Chairman Gilliland communicated the Planning and Zoning Commission's unanimous recommendation for approval of the meritorious exception. The sign on State Highway 114 will be visible over the burm. The time period for this sign is twelve months. Mr. Rose, Pastor of Lake Cities Church of Christ, expressed his excitement and is anxious to get to the neighborhood. Mayor Pro Tem Edstrom made a motion to approve the meritorious exception to Sign Ordinance 1999-13 as written. Council Member Williams seconded, motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO 1999-33 ADOPTING A TOWN COUNCIL PROCEDURES POLICY FOR THE TOWN COUNCIL OF TROPHY CLUB; ESTABLISHING AND ADOPTING NEW PROVISIONS FOR A TOWN COUNCIL PROCEDURES POLICY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Council Member Williams made a motion to discuss this agenda item. Council Member Matthai seconded, motion carried unanimously. After discussion, Mayor Pro Tem Edstrom made a motion to adopt the Ordinance with the following amendments to the Town Council Procedure Policy: Section 3.1 Regular Meetings: The Town Council shall meet in the Council/Board Room at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas on the first and third Monday of each month to be scheduled for 7:30 p.m. o'clock, unless otherwise officially changed by the Town Council. At 11:00 p.m. a record vote shall be taken to determine if the meeting shall continue past 11:00 p.m. Section 5.1 Agenda: The order of business of each meeting shall be as contained in the Agenda prepare by the Mayor. The agenda shall be a listing of topics to be considered by the Town Council and delivered to members of Ute Town Council each Thursday preceding the Mond av meeting to which it pertains. Section 5.3 Agenda Deadline: Any Town Council member or Committee Chairperson desiring to present a subject for the Town Council's consideration shall advise the Town Secretary's office in writing of that fact not later than Page 3 REGULAR SESSION June 4, 2001 10:00 a.m. on Friday (10 days prior) to the meeting at which the Town Council member wishes the subject to be considered. Section 5.4 Presentations by Citizens: Presentations by citizens, with or without prior notification, shall be limited to a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is witlun the discretion of the Chair to reasonably extend those limits. Citizens must tum in a completed "Request to Speak" form to the Town Secretary, Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, RELATING TO THE MANAGEMENT OF PUBLIC RIGHTS) -OF - WAY IN A MANNER THAT ENSURES THE HEALTH SAFETY AND WELFARE OF THE PUBLIC AND ADOPTING PROVISIONS AS FOLLOWS: PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION, PERMITTING AND NOTICE REQUIREMENTS; PROVIDING FOR RIGHT(S)-OF- WAY AND CONSTRUCTION; PROVIDING FOR CONSTRUCTION, MAINTENANCE AND REPAIR; PROVIDING FOR TREES AND LANDSCAPING; PROVIDING FOR ATTACHMENTS TO SPACE IN DUCTS; PROVIDING FOR TEMPORARY REMOVAL OF AERIAL WIRES; PROVIDING FOR RESTORATION; PROVIDING FOR SAFETY; ESTABLISHING PROVIDER RESPONSIBILITIES; PROVIDING INSURANCE; PROVIDING PENALTIES; PROVIDING FOR GOVERNING LAW REQUIREMENTS; PROVIDING FOR INDEMNITY; PROVIDING FOR SURETY BONDS; ESTABLISHING DIRECTOR'S AUTHORITY, ENFORCEMENT AND OFFENSES; PROVIDING FOR VENUE; PROVIDING FOR NOTICE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Linda Caram and Fred Guerra of Southwestem Bell and Harriet Gibbon of TXU addressed the Council. Dick Holiday explained the four reasons the Utility Franchise Committee became involved, one and a half years ago: 1) Federal Telephone Deregulation, 2) TX HB 1777, 3) Public Health and Safety and 4) State of the Ari Communication. The UFC Committee recommends approval of this Ordinance. Paul Rosenberger explained that the Committee is in a united stand for this Ordinance as written. The reasons for this Ordinance are: • Utility Providers Providing Service in Town (some without a franchise agreement) • Establish Procedures for Working in the ROW • Control and Management of the ROW (Competitively neutral, equal treatment and non-discriminatory) • Protect Health, Safety and General Welfare Mr. Rosenberger also listed his meeting dates with the Utility Provider's, to allow their participation. He met with TXU on December 15, 2000 and March 22, 2001 and had numerous phone calls with TXU. November 13, 2001 and April 11, 2001 are the dates he met with Southwestern Bell, along with many phone calls. Charter Communications communicated their concerns via letter dated December 28, 2000. The MUD District Manager has also reviewed this document on May 5, 2001 and Chairman Dick Hobday made a presentation to the MUDS in November 2000. Patricia Adams brought up, Insurance and Bonding Requirements, a concern that she discussed with the Southwestern Bell Attorney. There are appeal and variance processes to address surety bond and the Town Council needs to decide this on a case-by-case basis. Ms. Adams suggests that Section 15.1 read: Before a Permit as provided in this Ordinance is issued, and unless waived by the Town Council or unless exempt from these requirements by law, the applicant shall deposit with the Director a surety bond in the amount of $25,000.00 payable to the Town. The second issue that was discussed has to do with the section regarding confidential and proprietary information, that the providers have, the Town requires them, in the process of getting permits, to file certain information about the facilities, basically so the Town knows where things are located for tracking purposes. The concern is that some Page 4 REGULAR SESSION June 4, 2001 of those documents may contain some proprietary and confidential information. They are requesting a section to be added to Section 4.10 that states: If maps and records submitted under this section include information expressly designated by the public service provider as a trade secret or other confidential information protected from disclosure by state law, the director agrees to request an opinion from the Texas Attorney General as authorized by state law. This subsection may not be construed to authorize a public service provider to designate all matters in its records as confidential or as trade secrets. Mayor Pro Tem Edstrom made a motion to approve the Ordinance with amendments to Sections 4.10, 15.1, 2.11(A), 2.11(E) and 3.6. Council Member Williams seconded. Public Works Director, Bill LeGrand, cautioned of the responsibilities placed on the Town and its staff. If a contractor does not complete, the Town is responsible. Mayor Pro Tem Edstrom made an amendment to her motion to approve the Ordinance with amendments to Sections 11.1(B), 2.10(C), 18 and 15.2 as well as, Sections 4.10, 15.1, 2.11(A), 2.1l(E) and 3.6. Council Member Williams seconded, motion carried unanimously. The amended sections are as follows: 2.10(C) Decisions of the Town Manager shall be issued within three (3) working days of receipt of the written appeal. Decisions of the Town Manager shall be final. The Town Manager shall notify Town Council of an appeal decisions. 11 l (A) In the event that an Emergency requiring Construction must be performed, Provider shall notify the Town in writing within two (2) business days after the Emergency related Construction response, including a detailed description of the work performed. An updated map of any Facilities that were relocated, altered, added or repaired shall be provided within thirty (30) days of the date upon which the emergency occurs. Notwithstanding the foregoing, Provider shall immediately contact 9-1-1 upon the occurrence of an Emergency and notify the appropriate agencies of the nature of the Emergency. 2.11(E) Private property owners shall be notified via a door hanger or other paper document securely attached to the front door of their residence if a Provider has or will access a dedicated utility easement for the purpose of performing work. Such notice shall state the name and address of the Provider performing or causing the work to be performed, the name of the employee or agent leaving the notice, and the name and telephone number of a contact person who is able to respond to inquiries. The person listed as the point of contact shall be accessible during normal business hours. The notice shall also state whether the work has been completed. If the work has not been completed, the notice shall identify a time frame for completion of the work. 3.6 EASEMENT ACQUISITION: Any easements over or under private property necessary for the construction or operation of the Facilities shall be arranged by Provider. Any utility easements over or under property owned by the Town other than the Right(s)-Of-Way shall be separately negotiated with the Town, except that the Provider may use general utility easements that are dedicated for compatible uses on property owned by the Town. Unless specifically exempted by the terms of this Ordinance, Provider shall obtain a Permit prior to the commencement of Construction or use of any Right(s)-of-Way. 4.10C. If maps and records submitted under this section include information expressly designated by the Provider as a trade secret or other confidential information protected from disclosure by state law. the Director will request an opinion for the Texas Attorney General as authorized by state law. This subsection may not be construed to authorize a public service provider to designate all matters in its records as confidential or as trade secrets. 11.1(B) Comprehensive commercial general liability insurance with minimum limits of Five Million Dollars ($5,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all Permits, and shall include coverage for products and completed operations liability, independent contractor's liability; and coverage for property damage from perils of explosion and collapse or damage to underground utilities, commonly known as XCU coverage. 15.1 SURETY BOND: Before a Permit as provided in this Ordinance is issued, and unless waived by the Town Council, or unless exempt from these requirements by law, the applicant shall deposit with the Director a surety Page 5 REGULAR SESSION June 4, 2001 bond in the amount of $25,000.00 payable to the Town. The Director shall have the right to reduce the amount of the bond, if he/she detennines in his/her sole discretion that the prescribed amount would be unreasonable in the light of the scope and costs of the work. The required surety bond must be: 15.2 In lieu of providing a surety bond with each permit application, an applicant may elect to provide a two (2) year surety bond meeting all of the requirements of this section which is applicable to all excavation work in Right(s)-of-Wav performed by or on behalf of the principal. 18. For any purpose related to this Ordinance, notice to the Town shall be to the: Town Manager and Mayor Town of Trophy Club, Texas 100 Municipal Drive Trophy Club, Texas 76262 TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE CREATION OF A MONTHLY TOWN COUNCIL COMMUNICATION BOOTH AT THE TOM THUMB PLAZA IN THE TOWN OF TROPHY CLUB; ESTABLISHING HOURS OF OPERATION; AND PROVIDING AN EFFECTIVE DATE. Lynn Hale of 18 Sonora addressed the Council. Council Member Matthai explained that this in a way to show the residents that the Council is open for discussion, to provide an opportunity to a variety of contact with Council Members. Council Member Matthai made a motion to adopt the Resolution with amendments to include the first and third Sunday of the month and changing the effect date to July 1, 2000. Mayor Pro Tem Edstrom seconded. Council Member Williams recommended developing a Communications taskforce, and have Darin Davis review and suggest process for development. Donna Welsh added that the Public Relations Committee is budgeting to televise the Council meetings. Lynn Hale of 18 Sonora addressed the Council. Council Member Matthai amended his motion to adopt the previous amendments and change the trial basis to three months, not six. Mayor Pro Tem Edstrom seconded; motion carried 3-2, with Mayor Pro Tem Edstrom and Council Members Matthai and Huizenga voting for and Council Members Spence and Williams voting against. Mayor Smith called for a vote to adopt the Resolution. Resolution carried 3-2, with Mayor Pro Tem Edstrom and Council Members Matthai and Huizenga voting for and Council Members Spence and Williams voting against. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FROM THE MAY 21, 2001 TOWN COUNCIL MEETING TO EXPEND 5416.54 FROM THE CONTINGENCY LINE ITEM (103-61450-40) FOR MEMBERSHH' IN THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP) VENTURE. Council Member Huizenga made a motion to approve the request. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RETREAT WITH STAFF. The Council and staff will have a retreat on Sunday, June 24" Page 6 REGULAR SESSION June 4, 2001 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 MAY 21, 2001 B. FINANCIALS DATED APRIL 30, 2001 Council Member Williams motioned to remove the May 21, 2000 minutes and Council Member Matthai motioned to removed the April 30, 2001 financials from the consent agenda. Council Member Williams made a motion to approve the May 21, 2001 minutes with amendments. Council Member Huizenga seconded, motion carried unanimously. May 21, 2001 minutes amendments are as follows: Page 3, last paragraph to read: Having a loop road is key to growth. It has been widely reported that the developer understood the cost of the infrastructure was entirely theirs when they purchased the land 9 years ago. The only written agreement I can find on the subject was one executed when Beck purchased the land from the bankruptcy court talks only about water lines and sewers -- roads are not mentioned. The agreement also says everything is negotiable. Page 6, REMARKS TO/FROM INCOMING MAYOR AND COUNCIL MEMBERS to include: Mayor Smith recognized everyone that voted in this past election, it's exercising your constitutional right to vote, it is the best way to influence your government and I thank you very much. I want to welcome our two Council Members, they are good guys, they are smart guys and they will be a much-needed addition to our Council. I will try to utilize their knowledge and talents to the max. Welcome. I also want to thank the men and women who run our elections, they donate countless hours, unselfishly and are dedicated to always managing a fair and effective election free of controversy and I applaud them. A lot of times they just do not get recognized like they should and they're a key element to our democratic way. Of course, I want to thank my campaign team, I look out there in the audience and of course there is Carol Cotton sitting right up front and she was my main guy, if I can say that, and Kelly Hughes, Chris Clark, Don Cotton, Ron Moranville and I know I'm missing a lot of folks but you guys made it happen and I want to thank you very much, you are the best. Someone told me not to forget to thank my mother, so thanks mom and dad, I want to make sure that I get that in. It was obvious that the residents voted for change and if you would have suggested a few years ago, maybe just two years ago, that our next mayor would be elected from the west side of town, most people would not have believed it. Well, that's a change and you won't hear me refer to Trophy Club as the west, east or middle any more. That's the first time and last time I'll say that, maybe not the first time, but the last time. I pulled a majority from all sections of ages and votes and this election was for all of Trophy Club and I thunk that shows we are not divided but that we are very unified. We can now move forward together as one, just like Pearl mentioned. That's my utmost goal. Once again, I ask Marshall to continue to stay involved and I hope he will do that and also Barb Twcedie, who has already promised me that she will continue to be involved. I'm very grateful for that. One of the first things that I would like to introduce will be to allow our citizens to not only speak at the beginning of an agenda item, but to have the ability to address the Council at the end of the discussion. A citizen's right to speak, this is their best means of communication to the Council and I want to broaden where applicable. I want to also offer my services to the CIA and to help in any way I can to get the pool issue resolved and get the pool built. East entrance must be resolved and I have some ideas on strengthening the Ways and Means Committees. I also, like Marshall mentioned, about the breakfasts with Keith Sockwell and Northwest Independent School District, I will definitely continue to do that. I think we can gain so much from joint usage with the school district and that will benefit us immensely. With no further to do, I guess we should get down to business and once again, I'd like to thank you for being here tonight and thank you for your support. I will do my best to live up to your expectations. Thank you. Page 7, Paragraph 9 was added to read Page 7 REGULAR SESSION June 4, 2001 For the record, Mayor Smith read the duties of the Mayor Pro Tem: The mayor pro tempore is a member of the council who performs the mayor's duties during the mayor's incapacity or absence. The mayor pro tem is selected by majority vote of the council from among its own membership. The mayor pro tern's tern is one year. The mayor pro tem retains the right to vote on all matters before the council (and not just to break a tie) while performing the duties of the mayor. Page 9, Paragraph 2 now reads: Roger Williams reported that the names of committee members need to be updated on the website and inquired about the Ways and Means chairman. Donna Welsh reported that David Neal had offered his resignation however i[ has not been received. Council Member Huizenga made a motion to approve the financials dated April 30, 2001 as written. Council Member Matthai seconded; motion carried unanimously. REPORTS AND COMMENTS A. STAFF Bill LeGrand shared that the Crack and Seal Contract and the Contract for Trophy Club Drive and Summit Cove will be coming soon. Jim Buxton let the Council know that they will have their first budget workshop on June 18"'. Diane Cockrell reminded the Council that the deadline for the June 18°i Council agenda is Friday, June 8' at 10:00 a.m. Patricia Adams informed the Council that she will be out of the office from June 6° and returning on June 13°'. Paul Rosenberger announced that the Parks and Recreation Committee would be meeting on Tuesday, June 7" and told the Council that he would be on vacation from June 8"' to June 15"'. B. COUNCIL MEMBERS Council Member Williams reported that the Ways and Means Committee will be asking questions about budget overages. Council Member Matthai announced that he was pleased that Sprint is in the process of reapplying and the Cable Franchise Agreement will be coming soon. Mayor Pro Tem Edstrom reported that the Ways and Means Committee will be coming forward with a proposal on going forward with the budget process, how those variances will be reported to the Council and by whom. She also reminded the Council that the Ways and Means Committee was created by Ordinance and if the consensus of the Council changes any direction of the Ways and Means Committee, it would need to be reflected in a new Ordinance. ADJOURN \ Council Member Huizenga made a motion to adjournt 10:39 .m. ayo \Pro Tem Edstrorn seconded; motion carried unanimously. %t Ll Town Secretary,'I&vn of Trophy Club, Texas Town`of Tr4nhv Club. Texas