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Minutes TC 11/05/2001MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB NOVEMBER 5, 2001 STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, November 5, 2001. The meeting was held within the boundaries of the Town and was open to the public. REGULAR SESSION 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 At Milligan Bill LeGrand David Miller Patricia Adams Paul Rosenberger Greg Tucker Kerin Fleck Gene Hill Mary Moore Paul Spain Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Finance Director Director of Public Works Director of DPS Town Attorney Community Development Manager Deputy Director of DPS P&Z Coordinator P&Z Chairman Administrative Assistant Terra Land Development CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Smith called the Regular Session to order at 7:33 p.m., noting a quorum was present. INVOCATION: Ms. Barb Tweedie 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. Mr. Marshall Engelbeck of I I I Forest Hill and Mr. Jim Moss of 979 Trophy Club Drive addressed the Council. Page 2 REGULAR SESSION November 5, 2001 TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING Council convened into Public Hearing at 7:40 p.m. PUBLIC HEARING TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 96-09 OF THE TOWN, AN AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE NO. 94-09• ADOPTING NEW PROVISIONS AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 2000-06 P&Z AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT NEW PROVISIONS FOR A CERTAIN TRACT OF LAND DESCRIBED AS A 23.5361 ACRE TRACT OF LAND GENERALLY KNOWN AS THE KNOLL AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE, THE REQUIREMENTS FOR PD #16 AS ENACTED VIA THE ADOPTION OF THIS ORDINANCE, AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT #16 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A PD DEVELOPMENT PLAN; PROVIDING DEVELOPMENT STANDARDS AND SINGLE FAMILY HOUSING REGULATIONS, TO INCLUDE A GENERAL PURPOSE, USES, BUILDING PERMIT REQUIREMENTS, HEIGHT AND AREA REGULATIONS, GARAGES, CONSTRUCTION REGULATIONS, DRIVEWAYS AND WALKWAYS, SPECIAL PAVING, FENCES, WALLS AND RETAINING WALLS, COMMON AREAS, LANDSCAPING, UTILITIES, TRASH RECEPTACLES AND COLLECTION, ANTENNA REGULATIONS, TEMPORARY STRUCTURES AND VEHICLES, SIGNS, EXTERIOR LIGHTING, PRIVATE STREETS, AND NON SPECIFIED REGULATIONS; PROVIDING COVENANTS, CONDITIONS AND RESTRICTIONS, PROVIDING A CONCEPTUAL LANDSCAPE PLAN; PROVIDING A CONSTRUCTION SCHEDULE; PROVIDING A CUMULATIVE REPEALER CLAUSE, PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND (52,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Mr. Bruce Moray of 536 Timber Ridge, Mr. Frank Folger of 13 Overbill Drive, Mr. Kimble Ross of 19 Overbill Drive, and Ms. Carol Cotton of I I Overbill Drive addressed the Council. Commissioner Gene Hill gave a presentation on the Knoll. TOWN COUNCIL TO CLOSE THE PUBLIC HEARING. Council closed the Public Hearing at 7:58 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Council reconvened into Regular Session at 7:58 p.m. REGULAR SESSION TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 96-09 OF THE TOWN, AN AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE NO. 94-09• ADOPTING NEW PROVISIONS AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 2000-06 P&Z AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT NEW PROVISIONS FOR A CERTAIN TRACT OF LAND DESCRIBED AS A 23.5361 ACRE TRACT OF LAND GENERALLY KNOWN AS THE KNOLL AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND Page 3 REGULAR SESSION November 5, 2001 INCORPORATED HEREIN; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE, THE REQUIREMENTS FOR PD #16 AS ENACTED VIA THE ADOPTION OF THIS ORDINANCE, AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT #16 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A PD DEVELOPMENT PLAN; PROVIDING DEVELOPMENT STANDARDS AND SINGLE FAMILY HOUSING REGULATIONS, TO INCLUDE A GENERAL PURPOSE, USES, BUILDING PERMIT REQUIREMENTS, HEIGHT AND AREA REGULATIONS, GARAGES, CONSTRUCTION REGULATIONS, DRIVEWAYS AND WALKWAYS, SPECIAL PAVING, FENCES, WALLS AND RETAINING WALLS, COMMON AREAS, LANDSCAPING, UTILITIES, TRASH RECEPTACLES AND COLLECTION, ANTENNA REGULATIONS, TEMPORARY STRUCTURES AND VEHICLES, SIGNS, EXTERIOR LIGHTING, PRIVATE STREETS, AND NON- SPECIFIED REGULATIONS; PROVIDING COVENANTS, CONDITIONS AND RESTRICTIONS, PROVIDING A CONCEPTUAL LANDSCAPE PLAN; PROVIDING A CONSTRUCTION SCHEDULE; PROVIDING A CUMULATIVE REPEALER CLAUSE, PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND (52,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Mr. Paul Spain of Terra Land Development addressed the Council. Fire Chief Tucker expressed concerns regarding street widths, the entrance width to the Knoll and other fire code requirements in the Knoll. Fire Chief Tucker will need to see the street and review the plat in further detail. Mayor Pro Tem Edstront made a motion to approve as written. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING TROPHY CLUB'S PARTICIPATION IN OFFSITE DRAINAGE IMPROVEMENTS RELATIVE TO DEVELOPMENT OF THE KNOLL. Mr. Kimble Ross of 19 Overbill Drive and Mr. Bruce Moray of 536 Timber Ridge addressed the Council. Bill LeGrand made a presentation and referred to a cost estimate, given as a handout, in the amount of $64,046.95. Patricia Adams, Town Attorney, stated the Town could only become involved if there was a public purpose for doing so, and that the Town would only be allowed 30% maximum participation. In addition, it would be necessary to draft an ordinance before the Town could begin. Mayor Pro Tem Edstrom made a motion to table this to November 19, 2001, to review finances, and to review a draft of the ordinance. REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT) A. ECONOMIC DEVELOPMENT CORPORATION A Previous meeting discussion and action Mr. Neil Twomey stated they currently have $18,800 for the new soccer field, and $175,000 for the 10 Acre Park. Matt Ballard has resigned, as he is moving out of Trophy Club. B. INFORMATION TECHNOLOGY COMMITTEE Previous meeting discussion and action Adam Gerety shared that the Committee appointed Janet Johns as their first secretary. The Committee stated the new web page has received positive responses. Implementation of the new phone system was discussed. The next meeting is scheduled for Monday, November 26, at 6:30 p.m. Page 4 REGULAR SESSION November 5, 2001 C. PUBLIC RELATIONS COMMITTEE 4 Previous meeting discussion and action Mayor Pro Tem Edstrom stated that the Committee had a recap of Team Trophy Club Day. The Committee also discussed future events: Clock Tower, Tree Lighting and Arbor Day Celebration. The Committee will start submitting articles to Around The Town, under "Committee's Corner". Several committee members will become involved in the program, "Kid's Voting Counts." D. UTILITY FRANCHISE COMMITTEE i; Previous meeting discussion and action Jim Moss reported that the draft agreement proposal that was sent to Charter Cable was rejected. They sent back their version, which was unacceptable. Our size may limit us as to what we can ask for. E. WAYS AND MEANS COMMITTEE Previous meeting discussion and action Mr. Neil Twomey reviewed the financials and questioned some details. With reference to GASB 34, the Committee strongly requests Council to do survey of capital assets on fixed assets. The Committee also asked the Finance Director to bring in the CPA for future impact. It is not prudent at this time to update the Town Financial model due to the shortfall of $200,000. The Committee strongly recommends the DPS take a worse - case scenario if there is a total break off from Westlake. Matt Ballard has resigned, as he is moving out of Trophy Club. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO NEGOTIATIONS WITH TROPHY CLUB MUNICIPAL UTILITY DISTRICT 1, TROPHY CLUB MUNICIPAL UTILITY DISTRICT 2, AND THE TOWN OF WESTLAKE FOR THE PURPOSE OF ENTERING INTO NEW INTERLOCAL AGREEMENT TO JOINTLY PROVIDE GOVERNMENTAL FUNCTIONS AND SERVICES RELATING TO POLICE PROTECTION, MUNICIPAL COURT SERVICES, FIRE PROTECTION, AND EMERGENCY MEDICAL SERVICES IN A TROPHY CLUBAVESTLAKE DEPARTMENT OF PUBLIC SAFETY ("DPS"); PROVIDING THAT THE GOAL IS FOR THE PARTIES TO TIMELY COMPLETE NEGOTIATIONS AND TO RECEIVE APPROVAL OF THE AGREEMENT BY THE GOVERNING BODIES OF EACH OF THE OTHER RESPECTIVE PARTIES SO THAT THE AGREEMENT MAY TAKE EFFECT ON JANUARY 1, 2002; AND PROVIDING AN EFFECTIVE DATE. Town Manager Welsh explained the allocation of the DPS contract. The allocation process DPS Contract is based on some major factors; daytime population, nighttime population, call volume, readiness factor, and future capital projects. She added that many of the changes have come from the entities. Changes are needed in the current contract and will be addressed with the new contract. She advised that it is written in the new contract that if the contract cannot be agreed upon by January I", the current contract will prevail. Ben Brewster, DPS Chairman, expressed his concerns; this contract is very time sensitive, the need to have a clear understanding of what our base costs are as this will be part of the underlying negotiation activity along- with longwith assets that belong to MUD l; concerned that the Westlake Manager is busy with other issues; and, finally, does not want a restructured contract, a new allocation process, and a budget revision coming before Council on December 31. He suggested we send a completed draft of the contract, a completed model of the allocation process, and then unilaterally move it to Westlake prefaced with if we do not hear back within a certain time frame, it will be considered an acceptable version, and will then be sent to elected officials. Ben added that the entities are in total control, if all parties do not agree, the current contract will prevail. Mayor Pro Tem Edstrom added she would like a full briefing, via an agenda item, at the Dec. 3`d meeting. Also, if Council Member Spence cannot attend the DPS meetings to have another council member fill in for him. Council Member Huizenga made a motion to accept resolution as written. Council Member Matthai seconded; motion carried unanimously. Page 5 REGULAR SESSION November 5, 2001 TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING A CITIZEN TO ONE (1) SEAT ON THE INFORMATION TECHNOLOGY COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. A. CORI BERGERON Council Member Matthai made a motion to accept and appoint Cori Bergeron to the Information Technology Committee for a one-year term, and to waive the six-month residency requirement. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING WHETHER TO ADOPT A TOWN ETHICS POLICY. Mr. Gary Tomlin of 360 Indian Creek addressed the Council and asked that his words be recorded verbatim in the record of this meeting: "I purged the ethics policies before you and the samples you have do not address the specific concern that I have and a specific ethics violation that I perceive occurring. I want to ask you to consider that before you make any policies and that is with the way some councilmen are using the Town newspaper for political advantage. 1 read with interest, a story in the taxpayer -funded newspaper, Around the Town, that Mark Wood was named Trophy Club's Sports Volunteer of the Month for November. I'm a fan of Mr. Wood. I admire his labor for the children of our community, and I intend to take nothing from him here. My recollection is this is the third sports volunteer of the month to be honored in the taxpayer -funded newspaper. These stories were authored by former Trophy Club Soccer Association President and Coach Bill Matthai. That doesn't. That's the byline. For your record, as well as mine, I want to make clear that is the same Bill Matthai who sits on this council. There is a serious ethical breech here that such a story would be published without mentioning that the author is an elected official. He has a political interest in declaring a sports volunteer each month. There is a serious ethical breech here that is allowing Mr. Matthai to use taxpayer dollars and resources to endear himself to a block of voters by declaring a Sports Volunteer each month. It is unethical to allow him ink and space to promote himself to that voting block in the taxpayer -funded newspaper. My concerns are vaguely addressed in the samples before you in: Part IL Article IV; Sec. 298 - 4, 5, 8, and 13. If you are going to publish a paper, any ethic code you adopt should clearly restrict elected officials from using it for political gain. You as a Council should stop allowing taxpayer money to be squandered in such a partisan and openly political manner. That's all I have." Ms. Pearl O. Ford of 2 Spring Creek Court addressed the Council Mayor Smith stated that any concerns regarding a "conflict of interest" existing with my band playing for Club Corp should be dismissed by the information that Patricia Adams will provide. This should bring closure to this issue. Patricia Adams, Town Attorney, stated that the Town is governed by Chapter 171 of the Local Government Code that defines Conflict of Interest as having either a substantial interest in a business entity, own 10% or more or own $15,000 or more of the fair market value of that business entity, or if funds received exceeded 10% of gross income, then it would be an ethics issue, provided if and when it comes before the Council for a vote. An ethics policy conies to bear when making decisions and/or actions that come before Council. At which time, the Mayor/Council Member would have to withdraw from participating in a vote. Mayor Pro Tem Edstrom made a motion to not pursue or establish an ethics policy for the Town of Trophy Club. Council Member Huizenga amended that the Town of Trophy Club will continue to operate under the detailed regulations as promulgated by the State of Texas, governing our ethics. Council Member Matthai seconded amended motion; amended motion carried unanimously. Page 6 REGULAR SESSION November 5, 2001 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN AMENDMENT TO THE DEPARTMENT OF PUBLIC SAFETY CONTRACT TO ALLOW FOR INSURANCE COVERAGE TO BE PROVIDED BY A SELF-INSURED RISK POOL AS RECOMMENDED BY THE DPS BOARD AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AMENDMENT. Mr. AI Milligan, Finance Director, states this is a favorable benefit for us, as original insurance premiums came in at $79,000, our budget had allocated for $63,000, and this new policy is $15,000. This caused us to negotiate with Texas Municipal League. They are a risk pool designed to insure government entities. They cover public safety issues and provide coverage for municipalities. Our current contract calls for a provision of insurance by a carrier and TML is not a carrier, they are a risk -pool. You share in the risk of the pool that you are in. TML stated they would provide binding coverage if we would change the wording in the contract to allow for a risk pool to provide that coverage. DPS and Westlake are in agreement. Mayor Pro Tem Edstrom made a motion to accept as written. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING NOMINATION OF A REPRESENTATIVE TO SERVE ON THE DENTON COUNTY TRANSPORTATION AUTHORITY INTERIM EXECUTIVE COMMITTEE. A. BEVERLY FOLEY Mayor Smith explained that Towns with a population of less than 12,000 but more than 500 need to go into a pool and those towns share a total of three representatives. Nominations need to be returned by November 16, 2001. Council Member Huizenga made a motion to nominate Beverly Foley to serve on the Denton County Transportation Authority Interim Executive Committee. Council Member Williams seconded the motion; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE NORTHWEST INDEPENDENT SCHOOL DISTRICT'S IMPLEMENTATION OF "KIDS VOTING COUNTS" PROGRAM. Council agreed to pull this item and table for a later date. 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 OCTOBER 15, 2001. B. FINANCIALS DATED SEPTEMBER 30. 2001. C. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CASTING ALL OF ITS ALLOCATED VOTES FOR MARY HORN TO SERVE AS A MEMBER OF THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS; PROVIDING FOR SUBMITTAL OF SAME TO THE CHIEF APPRAISER; AND PROVIDING AN EFFECTIVE DATE. D. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, RATIFYING THE DECISION OF A MAJORITY OF THE TOWN COUNCIL AT ITS OCTOBER 15, 2001 MEETING TO APPROVE THE CONTINUATION OF A MONTHLY TOWN COUNCIL COMMUNICATION BOOTH AT THE TOM THUMB PLAZA IN THE TOWN OF TROPHY CLUB; ESTABLISHING HOURS OF OPERATION; PROVIDING FOR COUNCIL REVIEW OF CONTINUATION OF THE BOOTH EVERY SIX (6) MONTHS; AND PROVIDING AN EFFECTIVE DATE. Page 7 REGULAR SESSION November 5, 2001 Council Member Matthai asked to remove Item A. Regular Session Minutes Dated October 15, 2001, from the Consent Agenda. Mayor Scott called for a vote to approve B, C, and D of the Consent Agenda; motion passed unanimously. Council Member Matthai made a motion to approve the Regular Session Minutes dated October 15, 2001, as amended. Mayor Pro Tem Edstrom seconded motion; motion passed unanimously. October 15, 2001, amended minutes now read: Page 2, Paragraph 4 C. PARKS AND RECREATION COMMITTEE i; Previous meeting discussion and action Council Member Matthai reported that the Parks and Recreation would be looking at creatine an application form and making changes to the website. COUNCIL AND STAFF REPORTS: i; MAYOR SMITH o Council Communication Booth Mayor Smith gave a report. S DONNA WELSH o DPS Budget Contract Donna Welsh gave a report. COUNCIL MEMBER MATTHAI o Committee Application Form in lieu of resumes o Council Communication Booth Council Member Matthai gave a report. COUNCIL MEMBER WILLIAMS o Discussion of DPS budget overrun for last fiscal year - Al Milligan to provide details o Discussion of CIA/Town Task Force Council Member Williams gave a report. DIANE COCKRELL o Committee Openings o One for Ways and Means o One for Public Works Diane Cockrell gave a report. BILL LEGRAND o Summit Cove Project o Recycling o Marshall Creek Extension o TW King o Curb and Street Repair Bill LeGrand gave a report. Page 8 REGULAR SESSION November 5, 2001 20. ADJOURN. Council Member Huizenga made a motion to adjourn at 10:55 p.m. Council Member Williams seconded; motion carried unanimously. IV GT c ATTEST: j Town Secretary, Town of Trophy Club, Texas