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Minutes TC 02/21/1995MINUTES OF REGULAR TOWN COUNCIL MEETING TROPHY CLUB, TEXAS FEBRUARY 21, 19'---15 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a regular session on Tuesday, February 21, 1995. The meeting was held within the boundaries of the Town and was open to the Public. Council Members Present: Jim Carter Mayor Marshall Engelbeck Council Member Doug Glaspell Council Member Gene Hill Mayor Pro Tem Patti Stoltz Council Member Council Member Moore was unable to attend due to other business. Also present were guests and staff members: Donna Welsh John Hill Pauline Shaw Bill LeGrand David Miller Karen Sadri Mike Hamper Carolyn King Daughtry Gary Teague Town Manager Town Attorney Planning and Zoning Administrator Director of Public Works Interim Chief of Police Town Secretary Chairman of Planning and Zoning Commission Regional Manager, Harron Cablevision of Texas Teague, Nall and Perkins, Inc. Town Consulting Engineers Town Treasurer, Jack Jacobs, was unable to attend. CALL TO ORDER Mayor Carter called the meeting to order at 7:00 p.m. noting a quorum was present. He then welcomed Council Members, guests, and staff. INVOCATION An Invocation was given by Interim Chief of Police Miller. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS The pledge of allegiance to the American and Texas Flags was led by Council Member Stoltz. Page 2' Regular Town Council Meeting, 02/21/195 CAR0LYN KING DAU8HTRy, REGIONAL MANAGER FOR HARR0N CABLEVZ5IOW OF TEXAS, TO DIS ---USS CABLE SERVICE T() TR0PHY CLUB RESIDENTS. After presenting the �ouncil Members with a brief company history and distributing the mos -c current brochures` Mo~ DauQhtry took an immediate proactive stand regarding service to Trophy Club. She pinpointed the problem of the past five months to frequent cut cables. The company is doing the following for solutions: � more dig tests * billing the individual contractors * trying to find one company to coordinate the location of all cables including telephone and electrical on one grid map � initiating Town committee meetings Ms. Dmughtry then introduced her staff for this area and welcomed any questions. As the Council had few questions' Mayor Pro Tom Hill reminded the field representatives to collect discarded cable boxes scattered throughout the Town. TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CALLING A GENERAL ELECTION TO BE HELD ON MAY 6, 1995 FOR THE PURPOSE OF ELECTING A MAYOR FOR A TWO (2) YEAR TERN AND TWO (2` COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH; DESIGNATING A PULLING PLACE WITHIN SAID TOWN'' APPOINTING A PRESIDING JUDGE; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION'` ESTABLISHING A DATE FOR CANVASSING RETURNS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Hill made a motion to adopt this ordinance calling a general election for May 6th. Council Member Qlaspgll seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER THE ADOPTION ON AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING SIGN REGULATIONS RELATING TO THE TYPE, HEIGHT, LOCATION, SIZE AND DURATION OF USE OF SIGNS, INCLUDING POLITICAL` REAL ESTATE, AND COMMERCIAL SIGNS; REGULATING GRAFFITI; REPEALING ORDINANCE NO. 94-20 RELATING TO SIGNS; PROVIDING A SEVERABILITY CLAUSE' PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($i.00' NOR MORE THAN FIVE HUNDRED DOLLARS '$500-08\ FOR EACH OFFENSE; PROVIDING AN EFFECTIVE DATE. Nike Hamper' Chairman Of the Planning and Zoning Commission, reviewed the following intentions of the Committee: * bring sign quality rather than sign clutter to the Town � create a level playing property sellers � real estate signs only property for sale � directional signs only like the Club at Trophy field for all placed on the for essential areas Club' ohurches' 3, Regular iar Town Council Meeting, 02/21/9-5 town buildings and parks in response to Council Members Engelbeck, Stoltz and- Glaspell's questions, Chairman Hamper stated that the Planning and Zoning Commission recommends that on-iy reai estate directional signs be eliminated and doesn't know of other cities who have done this. Real estate sales representatives Ed Tweedie of Trophy Club Realtors, George Bryant and Holly Neal of Ebby Halliday, and Maryann Michaelson of Prudential expressed concerns regarding the omission of directional signs which they feel are essential for open houses and week -end sales leads. Also sign riders for amenities, agent's name and phone number are needed to sell pre -owned homes. Another helpful marketing tool is the information box attached to the sign. The representatives did agree That definite and enforceable rules are needed, but encouraged the Council to remain open minded to outside Realtors and builders new to the ne area. Builder Phil Salyer of Salyer and Associates suggested the need of both real estate and builder/developer signs on each property to ensure the success of the small businessman. Hap Baggett, V. P. of developer Beck Properties, inc. challenged the Council to maintain impartial straight across the board enforcement control. Sign compliance should be required of all real estate agents, builders and developers. During the discussion period Council Member Engelbeck adamantly opposed the sign changes because it discourages development and discriminates against the builder/developer. Mayor Pro Tem Hill felt that lax enforcement is the main concern. He suggested that a generic open house sign be placed at major thoroughfares, secondary streets, and on the sale property to limit the number of directional signs. Council Member Glaspell also expressed concern regarding control and the need for rider clarification. He then suggested a registration process. Council Member Stoltz stated the need for sign riders, size, and directionals. She recommended the current limit of three directionals but not on the medians. She then asked that this ordinance be tabled. Chairman Hamper reminded the Council that the Planning and Zoning Commission does not enforce an ordinance, but reviews its history to determine how to solve a current problem in a fair, equitable, and enforceable manner. As there was no other discussion, Council Member Stoltz made a motion to table this ordinance until the March meeting and return it to the Planning and Zoning commission to further consider a per cent of tolerance as to size, riders, directionals, and quantity of signs. Council Member Glaspell Page 4, Regular Town Council Meeting, 02/21/'u seconded; motion passed unanimously TOWN COUNCI L TO CONS IvER I HE AuUP i IV^J OF A RESOLUTT -N O THE TOWN OFRUPHY CLUE, TEXAS APPR-iVIG AND ACCEPTINS A CONTRACT IN THE AMOUNT OF THIRTY TH�__USAiNDA Nei%1uu DOLLARS �$u,U0u.v0j FOR ENGINEERING SERV"ICES BY AND BETWEEN THE TOWN AND TEAGUE, NALL AND PERKINS, INC. FOR THE PURPOSE OF DETAINING DIGITAL AERIAL TOPUGRAPHIC MAPPING OF THE CORPORATE LIMITS --OF THE TOWN; AUTHORIZING AND DTRECTING THE MAYOR TO EXECUTE THE SAID CONTRACT ON BEHALF (DF THE TOWN; PROVIDING AN EFFECTIVE DATE. Gary Teague of Teague, Nail and Perkins, Inc. explained what a tremendous aid topographic mapping is to engineers. It limits expensive field surveys, identifies drainage problems for new development and any existing ones that need correcting, and aids in planning and designing the Town and surrounding areas. Chairman Hamper speaking for the Planning and Zoning Commission highly recommended Teague, Nall and Perkins, Inc. because of their history with the Town. They will bring tremendous savings and benefits in the most accurate way. Mayor Pro Tem Hili and Council Member Engelbeck were informed that the extensive drainage study is stili valuable and available for review at the Teague, Nall and Perkins, Inc. office. Then Mayor Pro Tem Hili made a motion to adopt the resolution approving the contract. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER THE ADOPTION OF A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS ACCEPTING A BID FROM AND AWARDING A BID TO PAVEMENT SPECIALISTS, INC. FOR CERTAIN STREET REPAIRS (.iOINT/CRACK SEALING) IN THE AMOUNT OF ONE HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED FIFTY TWO AND 75/100 ($171,552.75); AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT FOR THE SAID STREET REPAIRS WITH PAVEMENT SPECIALISTS, INC.; PROVIDING AN EFFECTIVE DATE. Greg Webb of the Public Works Committee informed the Council that 3 bids had been submitted for contract 1 of phase 1 for bond street repairs. The lowest bidder, Costello Industries, was disqualified due to incorrect completed forms. Because of these irregularities, the committee recommended the second lowest bidder, Pavement Specialists, Inc. Scott Griffith, Attorney for Costello Industries, petitioned the Council to waive this irregularity. When Costello industries was informed that it and not the Town was to specify the number of days and monetary amount of liquidated damages to complete the job; the company representative tele- phoned the answers to Teague, Nall and Perkins, Inc. This conversation occurred fifteen minutes after the bid readings. Attorney Griffith contended that the Council consider the Page F, Pegular Town Council Mieetl no , 021*111 /95 important facts that. Costello industries was the low bidder with the shortest completion time. Frank Costello, owner of Costello industries, came from the - Last to address the Council. He felt that, the bid specifications lacked c;ear instructions, and that league, Nall and Perkin's, and his company's representatives miscommunicated their needs. He asked the Council to consider this an honest omission and to judge his company -Fairly and squarely by the numbers submitted. Resident George Gafford of 127 Carnoustie Drive asked the Council to help the tax payer by awarding the bid to Costello industries ies because of having the lowest cost with the shortest completion time. After much deliberation the Council agreed that the other bidders did not have problems with the bid specification instructions, and that all three were qualified and competent competitors. Council Member Engelbeck then made a motion to award the bid to Pavement Specialists, inc. Council Member Stoltz seconded; motion passed unanimously. CONSENT AGENDA As the Consent Agenda deemed little deliberation, Mayor Pro Tem Hill made a motion to approve it as it stands. Council Member Glaspell seconded; motion passed unanimously. The approved items are as follows: A. Proclamation declaring April 1995, Sexual Assault Awareness Month in Texas. B. Adoption of an ordinance of the Town of Trophy Club, Texas amending C)rdinance No. 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 adding additional locations as described herein for the placement of a stop sign; providing a savings clause; providing a severability clause; providing an effective date. C. Approving the first amendment to the Emergency Law Enforcement Services Agreement between the City of Westlake and the Town of Trophy Club. (Resolution 93-15). D. Minutes of the january !7, 1995 joint Session Town Council/Municipal Utility Districts One and Two/Northwest independent School District. I:, I � 1131 /95 Z I narci a I reports Ending - 0 Page 6, Regular Town Council Meeting, 02/21/95 CLOSED -D-0 OR SESSION TOWN COUNCIL TO CONDUCT A CLOSED -DO -OR U ,, SESSION IN" ACCORDANCE WITH CHAPTER 551, GUVERNMfENT V E R N S T A A S CODES, D E S , A t,41 N 0 T A T E 1D P E N M, E T S A W ,, SECTION 551.u14 PER-S'DNNEL A. TO CONSIDER THE APPOINTMENT PPOINTMENT OF A MEMBER TO THE PARKS AND RECREATION COMMITTEE. The closed -door session convened at 9:35 p.m. with Mayor Carter requesting that Public Works Director, Bill Le Grand remain in attendance. Discussion ensued regarding the appointment to the Parks and Recreation Committee. RECONVENE INTO OPEN SESSION: TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION TO TAKE NECESSARY ACTION REGARDING THE MATTERS DISCUSSED IN CLOSED -DOOR SESSION PURSUANT TO AGENDA ITEM A. The open session reconvened at 9:44 p.m. No action was taken by the Council. PRESENTATIONS BY CITIZENS No presentations were given by the citizens. STAFF AND COMMITTEE REPORTS john Carter, Chairman of the Finance Committee, informed the Council that the committee will meet on March 2nd. Pauline Shaw, Planning and Zoning Administrator, reported 9 new building starts in February and 11 in January. Town Manager, Donna Welsh, added that the five year plan will be discussed on March 2nd, and a finance committee member will be assigned to a Town department. Also, the Town Attorney will soon be filing a petition regarding the East Entrance. PRESENTATIONS BY COUNCIL Council Member Stoltz updated everyone on the Town's Birthday Party. The ten year celebration will be the last Sunday in April at Harmony Park from I to 4 p.m. ADiOURN Mayor Pro Tem Hill made a motion to adjourn at 10:00 p.m. and meet on March 21st at 7:00 p.m.; Council Member Glaspell seconded; motion carried u_nan-io �ull M A Y 0 R CARTER TOWN SECRETARY