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Minutes TC 12/21/1999MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB DECEMBER 21, 1999 STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Chub, Texas met in regular session on Tuesday, December 21, 1999. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Marshall Engelbeck Ben Brewster Susan Edstrom Scott Smith Barb Tweedie Bill Matthai STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Jim Buxton Cathy Morgas Jerri Hill David Miller Bill LeGrand Paige Scherr CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary MUD Manager Finance Director Planning Director Administrative Assistant Director of Public Safety Director of Public Works Town Attorney Mayor Engelbeck called the meeting to order at 7:30 p.m., noting a quorum was present. INVOCATION: Chief Miller gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Council Member Matthai 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 PRESENTA TION MADE TO THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATION ON SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS: No citizen presentations. Page 2 Regular Meeting December 21, 1999 REPORTS AND COMMENTS FROM COMMITTEES: PLANNING AND ZONING COMMISSION — -MIKE HAMPER, CHAIRMAN Chairman not available for a report. ZONING BOARD OF ADJUSTMENTS- PEARL FORD, CHAIRMAN Chairman not available for a report. EMER GENC Y MA NA GEMENT COMMITTEE - EDWIN "COTTON" MOORE, CHAIRMAN Chairman not available for a report. UTILITY FRANCHISE TASK FORCE — RICHARD HOBDAY, CHAIRMAN Chairman not available for a report. WAYS & MEANS COMMITTEE — DAVID NEAL, CHAIRMAN Neil Twomey gave a report on the Ways and Means Committee, in the place of David Neal, and stated the committee has been make considerable progress. The committee has met with John Harbin and has had some good discussions with Mr. Harbin. The committee will be working on different economic models and is looking to have a working breakfast within the next two weeks. The next meeting will be January 18 and are hoping to see some significant progress at that time. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO 98-18 (RELATING TO THE CONTROL OF ANIMALS) IN THE ENTIRETY AND REPLACING SAME AS SET FORTH HEREINBELOW; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR ANIMAL AT LARGE; PROVIDING FOR IMPOUNDING OF ANIMALS; PROVIDING FOR AUTHORITY TO IMPOUND, DESTROY, KILL, OR MUZZLE CERTAIN ANIMALS; PROVIDING FOR DANGEROUS DOGS; PROVIDING FOR FEES; PROVIDING FOR RELEASE OF UNVACCINATED ANIMALS; PROVIDING FOR ADOPTION; PROVIDING FOR CONFINEMENT OF ANIMAL WHICH HAS ATTACKED; PROVIDING FOR WILD ANIMALS; PROVIDING FOR VICIOUS ANIMALS; PROVIDING FOR VACCINATION; PROVIDING FOR LICENSES AND TAGS; PROVIDING FOR SPECIAL REQUIREMENTS FOR KEEPING MINIATURE PIGS AND FERRETS; PROVIDING FOR DEFECATION OF ANIMALS ON PUBLIC AND PRIVATE PROPERTY; PROVIDING FOR SANITARY CONDITIONS; PROVIDING FOR ANIMAL NOISE; PROVIDING FOR EXCEPTIONS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE: Page 3 Regular Meeting December 21, 1999 The following individual spoke on this agenda item. Larry Hoover, 1118 Berkshire Court Chief Miller explained the ordinance and the changes made to the ordinance. The ordinance does not require cats to be on leashes; however, it does want to make the homeowner responsible for their cats if the animal strays from their property. Cats will be required to wear tags. This ordinance does give some clarification on barking dogs. Council Member Smith made the motion to approve the ordinance. Council Member Tweedie seconded. After further discussion, motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING A TOWN COUNCIL PROCEDURES POLICY FOR THE TOWN COUNCIL OF TROPHY CLUB; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE: Diane Cockrell, Town Secretary, explained this agenda item. Mayor Pro Tem Brewster made the motion to approve the ordinance. Council Member Smith seconded. After further discussion, Council Member Matthai made the motion to amend the ordinance with the following changes: Section 5.4, first paragraph on page 5, change to "the affirmative vote of the majority of members present"; Section 7.3 change to read "the Chairman/Mayor must relinquish"; and Section 2.3 change to read "from three regular sessions in a given year from May 1s` to April 30""'. Mayor Pro Tem Brewster seconded; the amendment passed unanimously. Original motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE EXECUTION OF A LEASE BETWEEN THE TOWN OF TROPHY CLUB AND THE TEXAS D.A.R.E. FOUNDATION PROGRAM IN EXCHANGE FOR GOOD AND VALUABLE CONSIDERATION; AND PROVIDING AN EFFECTIVE DATE: Chief Miller explained this item. The Town has been approached by the D.A.R.E. Foundation, which is a non profit organization that supports D.A.R.E. officers across the state of Texas. The Foundation is in need of office space and there is an office available in the DPS building. In exchange for that office space, the D.A.R.E. Foundation has offered to pay for the continuing education of our existing D.A.R.E. officer, as well as paying travel and lodging to the national and state conventions to continue the officer's training. They have also agreed to assist us in our continuing training for community policing officers, and will support our D.A.R.E. program in any way they possibly can. They have also agreed to let us pick up the police commission of the person assigned to our Police Department so that we can pick up an additional reserve officer at no charge to the Town in exchange for office space. The Foundation will furnish their own phone, fax machine, telephone support and everything needed to run the office. We will supply lighting and air conditioning. Roger Unger, MUD Manager, stated that he does not believe that the Council has the authority to grant this lease because the Council leased the building in its entirety to the DPS Board and the Council cannot go back and sublease an office. The resolution specifically authorizes the execution of a lease. The DPS Board is supportive of the lease for the D.A.R.E. Foundation. One possibility in passing this resolution is to pass the resolution and then have the DPS Board ratify the resolution. Mayor Pro Tem Brewster made the motion to approve the resolution. Council Member Edstrom seconded. After further discussion, motion passed unanimously. Page 4 Regular Meeting December 21, 1999 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION ADOPTING AN ANNEXATION PLAN FOR THE TOWN; AND PROVIDING AN EFFECTIVE DATE: Cathy Morgas, Planning Director, introduced this agenda item. The Town has reviewed the boundaries of the Town and has determined that the territory within its extraterritorial jurisdiction which would require being in an annexation plan prior to its annexation. Council Member Matthai made the motion to approve the resolution. Council Member Tweedie seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTTON REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE ESTABLISHMENT OF THE FIRST MEETING OF THE TOWN COUNCIL IN JANUARY AS THE ANNUAL FOUNDER'S DAY MEETING, AND PROVIDING AN EFFECTIVE DATE: Mayor Engelbeck explained that Trophy Club will have been a town for 15 years on January 15"' and thought that it might be nice to have the date recognized and invite all past council members, etc. Mayor Pro Tem Brewster made the motion to approve the resolution. Council Member Smith seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION IDENTIFYING THE STATE HIGHWAY 114 AND STATE HIGHWAY 121 CORRIDOR (THE FUNNEL) AS A PROJECT OF STATE AND NATIONAL SIGNIFICANCE, AND REQUESTING THAT THE TEXAS TRANSPORTATION COMMISSION DIRECT STAFF TO DEVELOP A MULTI-YEAR PHASING AND FUNDING PROGRAM AND TO IDENTIFY FUNDS IN FUTURE UNIFIED TRANSPORTATION PLANS TO FACILITATE THE EXPRESS MANAGED ALTERNATIVE IMPROVEMENT: Mayor Engelbeck explained this agenda item. Council Member Tweedie made the motion to approve the resolution. Council Member Edstrom seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE CREATION OF AN EDITORIAL REVIEW BOARD; ESTABLISHING DUTIES AND PROCEDURES; AND PROVIDING AN EFFECTIVE DATE: Donna Welsh, Town Manager, gave an overview of this agenda item. Mayor Pro Tem Brewster made the motion to approve the resolution. Council Member Edstrom seconded. After further discussion, Council Member Edstrom moved to amend section 7 to read "shall recommend policies". Council Member Tweedie seconded. The amendment passed unanimously. Original motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPOINTMENT OF BOARD MEMBERS TO THE EDITORIAL REVIEW BOARD: Mayor Engelbeck and Donna Welsh were asked to submit three individuals for appointment to this Board. Council Member Matthai moved to appoint Gene Hill, Bob Downey and Cyndi Huizenga to this board. Mayor Pro Tem Brewster seconded; after further discussion, motion passed unanimously. Page 5 Regular Meeting December 21, 1999 TOWN COUNCIL TO RECEIVE AN UPDATE FROM THE PUBLIC WORKS COMMITTEE REGARDING REPAIR TO SUMMIT COVE AND TO TAKE APPROPRIATE ACTION: Council Member Tweedie moved for a continuation to January 4, 2000. The Committee will meet on January 3 and will bring figures to the Council on January 4. Council Member Edstrom seconded; motion passed unanimously. TOWN COUNCIL TO RECEIVE AN UPDATE FROM THE TOWN ATTORNEY REGARDING "OPEN MEETINGS": Paige Scherr, Town Attorney, gave an update on the changes in the open meetings act regarding HS 156, SB 1851, and HB 595. After further discussion, no action taken. 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. FINANCIALS ENDING OCTOBER, 1999 Mayor Pro Tem Brewster made the motion to approve the financials. Council Member Edstrom seconded; motion passed unanimously. REPORTS AND COMMENTS BY COUNCIL MEMBERS: Council Member Smith has requested from Staff that the Council be supplied with a copy of Roberts Rules of Order. Mr. Smith also requested that the changes of the Animal Control ordinance be placed in the newsletter and on Channel 7. He also thanked Council Member Edstrom for the wonderful cookies. Council Member Matthai wishes everyone a very Merry Christmas and a happy New Year. He also asked a question regarding a right hand turn lane at west bound S.H. 114 and Trophy Lake Drive. EXECUTIVE SESSION: PURSUANT TO THE TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, SECTIONS 551.071 TO 551.075 A. SECTION 551.071: DISCUSSION WITH ATTORNEY RELATIVE TO PENDING OR CONTEMPLATED LITIGATION. CLOSING OF KIRKWOOD BLVD. BY CITY OF SOUTHLAKE 2. CAUSE NO. 99-10759-16 JANICE LOWRY-I3ROWN VS. JEFFREY ANDREW DICKSON AND THE CITY OF TROPHY CLUB Convened into Executive Session at 8:50 p.m. Page 6 Regular Meeting December 21, 1999 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING EXECUTIVE SESSION: CLOSING OF KIRKWOOD BLVD. BY CITY OF SOUTHLAKE 2. CAUSE NO. 99-10759-16 JANICE LOWRY-BROWN VS. JEFFREY ANDREW DICKSON AND THE CITY OF TROPHY CLUB Reconvened into regular session at 9:12 p.m. No action taken. ADJOURN: Council Member Edstrom moved to adjourn at 9:13 p.m. Council Member Tweedie seconded; motion passed unanimously. Mayor, Town of Trophy Club, xas Town Secretary, To f Trophy Club, Texas M 122199jh