Minutes TC 10/05/1999MINUTES OF REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
OCTOBER 5, 1999
STATE OF TEXAS §
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in regular session on Tuesday, October 5,
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
STAFF AND GUEST(S) PRESENT:
Diane Cockrell
Cathy Morgas
Barbara Allen
David Miller
AGENDA
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Town Secretary
Planning Director
Court Clerk
Director of DPS
Lance Vanzant Town Attorney (arrived at 7:32 p.m.)
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Engelbeck called the meeting to order at 7:30 p.m. noting that a quorum was present.
INVOCATION:
Pearl O. Ford gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS:
Council Member Susan Edstrom 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 A T 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:
Pearl O. Ford, 2 Spring Creek, addressed the Council.
Page 2 Regular Meeting October 5, 1999
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, CREATING AND
ESTABLISHING A MUNICIPAL COURT; PROVIDING FOR A REGULAR MUNICIPAL
JUDGE, ALTERNATE JUDGES, COURT CLERK, AND ALTERNATE CLERKS; PROVIDING
FOR THE FILLING OF A VACANCY IN THE OFFICE OF MUNICIPAL COURT JUDGE AND
CLERK; PROVIDING FOR THE SETTING OF COURT SESSIONS; REQUIRING THE
APPEARANCE OF ANY PERSON SUMMONED OR ORDERED TO APPEAR IN THE
MUNICIPAL COURT FOR VIOLATION OF A STATE STATUTE, TOWN ORDINANCE OR
OTHER LAW OR REGULATION; AUTHORIZING THE MUNICIPAL COURT CLERK TO
FILE A COMPLAINT CHARGING ANY PERSON WHO FAILS TO APPEAR AS SUMMONED
WITH THE OFFENSE OF FAILURE TO APPEAR; ESTABLISHING AND IMPOSING A
WARRANT FEE OF $25.00 FOR THE ISSUANCE AND SERVICE OF AN ARREST WARRANT
WHEN A DEFENDENT IS NOT CONVICTED OF A CLASS C MISDEMEANOR AND A
WARRANT FEE OF $50.00 FOR EXECUTING OR PROCESSING AN ISSUED ARREST
WARRANT OR CAPIAS WHEN A DEFENDANT IS CONVICTED OF A CLASS C
MISDEMEANOR; DESIGNATING THE FUNDS INTO WHICH SUCH FEES ARE TO BE
PAID; REPEALING ORDINANCE 1999-06; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
FIVE THOUSAND DOLLARS ($5,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE:
Barbara Allen, Court Administrator, explained that this ordinance is the same ordinance as previously
used with the amount of the warrant fees and the failure to appear fees raised. Mayor Pro Tem Brewster
moved to approve the ordinance. Council Member Edstrom seconded; 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
ACCEPTING AND APPROVING AN INTERLOCAL AGREEMENT RELATING TO THE
TOWN'S PARTICIPATION IN A TEEN COURT PROGRAM WITH THE CITIES OF
GRAPEVINE, COLLEYVILLE AND SOUTHLAKE AND THE CARROLL AND GRAPEVINE-
COLLEYVILLE INDEPENDENT SCHOOL DISTRICTS; PROVIDING AN EFFECTIVE DATE:
Barbara Allen, Court Administrator, explained that this teen court agreement is the same agreement that
we have previously had and we are increasing the use of the contract.
Mayor Pro Tern Brewster stated that the Trophy Club/Westlake DPS Board looked at this interlocal
agreement extensively and the Board has given its support. Our share of this program is $4,250; while
Colleyville, Grapevine, Southlake are all up in the $20,000-$30,000 range and it is based on a pro rata
basis of the number of kids participating in the program.
Mayor Pro Tem Brewster moved to approve the resolution. Council Member Tweedie seconded; 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,
APPRECIATING THOSE INDIVIDUALS AND ORGANIZATIONS THAT PARTICIPATED IN
THE TROPHY CLUB KALEIDOSCOPE OF HOMESTM:
Page 3 Regular Meeting October 5, 1999
Mayor Engelbeck announced that approximately 30,000 people attended the Kaleidoscope of Homes and
we had 270 volunteers with 180 of them being Trophy Club residents. He also added a special
recognition to Council Member Barb Tweedie for her grand efforts in gathering the volunteers.
Council Member Edstrom moved to approve the resolution. Council Member Tweedie seconded; 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,
PROVIDING FOR THE ABOLITION OF THE PUBLIC SAFETY COMMITTEE; AND
PROVIDING AN EFFECTIVE DATE:
The Public Safety Committee is being replaced by the Trophy Club/Westlake DPS Board, so efforts will
not be duplicated. Mayor Pro Tem Brewster added that the DPS Board meets twice a month. The DPS
Auxiliary will still operate out of the Crime Prevention Office. Mayor Pro Tem Brewster moved to adopt
the resolution. Council Member Tweedie seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
SECTION 54(B) OF THE COMPREHENSIVE ZONING ORDINANCE AS IT RELATES TO
STAGGERED TERMS OF COMMISSIONERS, AND THE ASSIGNMENT OF EACH
COMMISSIONER TO A SPECIFIED TERM:
Mayor Pro Tem Brewster made the motion to delay until the next council meeting and at that meeting a
proposal be made for approval for three of the P&Z members be appointed for one year and four be
identified for a two-year appointment. Council Member Smith seconded; motion passed unanimously.
Cathy Morgas will gather information needed for this item.
TOWN COUNCIL TO DISCUSS THE SOUND BARRIER WALL ALONG THE HIGHWAY 114
BYPASS TO HOWE STREET AND TAKE APPROPRIATE ACTION:
The following individuals addressed the Council:
Shane Kelley, 305 McKenzie Drive
John Sarmento, 307 McKenzie Drive
A letter from Senator Jane Nelson was presented to the Council.
Cathy Morgas reported on a letter received from Buzz Elson of Texas Department of Transportation,
(TxDot) dated September 16. Mr. Elson stated that the letter accompanied a noise contour location map
and noise analysis; but what he sent was a study that they had completed. This study was not dated;
therefore we assumed it was a new study. It was sent to our engineers to study it to see what it really
means for us and they reported back to us that it seems there is suppose to be a wall there. Mr. Elson was
called regarding this and he did not know of a recent sound study being done. What we were suppose to
receive was a noise contour map that would show from the point where the wall stops now to where it
proceeds to Lois Drive, the sound goes down extremely. TxDot then will not put that wall in, as that is
what they are basing their plans on. A memorandum was received from Teague, Nall and Perkins today
about 4:30 p.m. specifically stated that TxDot is refusing to continue with the wall.
Page 4 Regular Meeting October 5, 1999
Mayor Engelbeck asked Bill LeGrand, Public Works Director, to ask TxDot about a barricade being
placed behind 305 and 307 McKenzie.
Mayor Engelbeck will discuss this matter with the Mayor of Roanoke. David Miller, Chief of DPS, and
Lance Vanzant, Town Attorney, will investigate the legal aspects of controlling the functions held at The
Chapel. Mayor Pro Tem Brewster asked that Staff work with Council regarding regulations of functions
held at the Chapel. This item will be delayed for two Council meetings to the first meeting in November.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
REQUEST FOR MERITORIOUS EXCEPTION TO ORDINANCE #99-13 BY REGENCY
REALTY CORPORATION FOR TWO "COMING SOON" POLE SIGNS AT PD -21:
Cathy Morgas, Planning Director, asked that this agenda item be removed from the agenda to be returned
in the future.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
APPOINTMENT OF MEMBERS TO THE WAYS AND MEANS COMMITTEE.
Mayor Pro Tem Brewster explained this item. He moved to appoint David Neal, Neil Twomey, Pete
Reincke, Todd Mayfield, and Richard Hobday to the Ways and Means Committee. Council Member
Edstrom seconded. Council Member Smith asked that this item be tabled until next meeting.
Council Member Tweedie asked that we set a policy for a certain criteria for a time to accept applications
and qualifications. The Town Secretary was asked to come up with a policy for applicants for
committees.
After further discussion, Council Member Smith made an amendment to the motion that he would like
each Council Member to express their top five candidates and then add and/or delete to the names on the
floor and wants to add Penny Wilson in place of Neil Twomey. Motion died for lack of a second. The
original motion passed by a vote of 3 to 1 with Mayor Pro Tem Brewster and Council Members Edstrom
and Tweedie voting for, and Council Member Smith voting against.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
APPOINMENT OF THE FOLLOWING INDIVIDUALS TO THE INFORMATION
SERVICES/INFORMATION TECHNOLOGY COMMITTEE:
A. DARREN KLAUSER
B. LINN BROWN
C. WANDA BREWSTER
D. ANDREW AFIFI
E. BETH ANN GREGORY
F. JIM BEST
After discussion, Council Member Edstrom moved to approve the appointment of the above six
individuals to this committee and to continue taking applications through October 15t" and take a final
vote on October 19"'. Council Member Tweedie seconded the motion. Council Member Edstrom made
an amendment to the motion to take applications through October 14. Council Member Tweedie
seconded the amendment. Motion passed by a vote of three to zero with Council Members Edstrom,
Scott and Tweedie voting for and Mayor Pro Tem Brewster abstaining.
Page 5 Regular Meeting October 5, 1999
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
COUNCIL PROCEDURES FOR COUNCIL MEETINGS AND AGENDA ITEMS:
Lance Vanzant explained this item. Mayor Pro Tem Brewster moved to postpone this item until the
second meeting on November. Council Member Edstrom seconded; motion passed unanimously.
EXECUTIVE SESSION: PURSUANT TO THE TEXAS GOVERMENT CODE, SUBCHAPTER
551, SECTIONS 551.071 - 551.075 (TO DISCUSS PERSONNEL MATTERS)
A. TO REVIEW, CONSIDER AND ASSIGN COUNCIL LIAISONS
Convened into Executive Session at 9:07 p.m.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
EXECUTIVE SESSION: PURSUANT TO THE TEXAS GOVERMENT CODE, SUBCHAPTER
551, SECTIONS 551.071 - 551.075 (TO DISCUSS PERSONNEL MATTERS)
A. TO REVIEW, CONSIDER AND ASSIGN COUNCIL LIAISONS:
Reconvened into Regular Session at 9:24 p.m. Council Member Smith made a motion to appoint Mayor
Pro Tem Brewster as the liaison to the Ways and Means Committee. Council Member Tweedie
seconded; motion passed unanimously.
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. MINUTES DATED SEPTEMBER 14, 1999
B. MINUTES DATED SEPTEMBER 21, 1999
C. MINUTES DATED SEPTEMBER 24, 1999
D. FINANCIALS DATED AUGUST, 1999
Council Member Edstrom moved to remove the September 2Is`minutes from the consent agenda.
Council Member Tweedie seconded; item was removed. Council Member Edstrom would like the
minutes to reflect that under the creation of the Information Systems/Information Technology Committee,
that Council Member Edstrom was appointed as Council Liaison. Council Member Tweedie seconded;
motion passed unanimously.
Council Member Edstrom moved to approve Consent Agenda Items A, C, and D. Council Member
Tweedie seconded; motion passed unanimously.
Page 6 Regular Meeting October 5, 1999
REPORTS AND COMMENTS:
A. STAFF:
David Miller, Chief of the Department of Public Safety, reported the new Trophy Club/Westlake DPS
merger is in effect. The celebration to kick it off went well. The Town is looking forward to working
with Westlake.
Lou Opipare, Deputy Chief of the Department of Public Safety, reported that all the upgrades are now
complete and are looking at the new software package for accounting and are looking to move forward on
that.
Bill LeGrand, Public Works Director, reported that they are working to finish the punch list on Skyline
Drive. Summit Cove has been patched; approximately $300,000 is needed to do the renovation. Mr.
LeGrand also stated that Public Works is working on curbside recycling as the Public Works Committee
has had several requests for curbside recycling.
Cathy Morgas, Planning Director, reported in regards to Planning and Zoning that Bradford Company
has pulled out of their agreement with Maquire Partners on the sixteen acres they had planned to develop
because of the concern of the closing of TW King. John Harbin, with Beck Properties, has come forward
with a plat for 15 lots as part of Phase III. He is also starting preliminary work on Willow Heights.
Willow Heights is located over where the Barn used to be.
Ms. Morgas also reported that Tom Thumb will be starting on their tree mitigation soon.
Cathy Morgas and Bill LeGrand had a meeting with two members of Texas Parks and Wildlife Recreation
Grants Branch to talk about some of the issues they have with our grant and to get some feedback and
some additional information from us. They were actually very pleased with our grant. They have very
high regard for Dennis Sims and feels that he does a very good job of putting grants together. The grant
will most likely be awarded if we continue to provide any information they may need. The lease
agreement with NWISD is an agreement for only one year, renewable each year; however, the grant
requirement for a lease be at least 25 years. What we need tonight is some consensus that we go with a
25 -year lease. Lance Vanzant and Cathy Morgas will draft a letter for the Town and the school district's
signature regarding the agreement for a 25 -year lease.
Mayor Engelbeck expressed his concern over the debris around town. Bill LeGrand explained that the
building has made a major clean up effort.
Diane Cockrell, Town Secretary, reported that Bill Matthai and Pam Irwin have applied for the vacant
Council seat.
Pam Irwin, Chairman of the Public Relations Committee, reported that the Public Relations Committee
passed out 5,000 brochures at the Kaleidoscope of HomesTM. The Town video was finalized today and
will be presented to the Economic Development Corporation on October 11, 1999. It will be presented to
the Council on October 19"'
Page 7 Regular Meeting October 5, 1999
C. TOWN COUNCIL:
Council Member Smith requested that staff remind Council of future events.
Council Member Edstrom reported that the Information Services/Information Committee is moving
along.
Mayor Pro Tem Brewster stated that the Town is fortunate to have Lou Opipare, our full time Information
Officer. Mr. Brewster also has pictures of roadways and pathways located within driving distance of our
town. Mr. Brewster also wants the Town to look into alternatives to concrete streets.
Mayor Engelbeck requested that Jim Buxton, Finance Director, develop procedures for the Ways and
Means Committee to include developments of budget, committee and Council Liaison's full role.
Council Member Tweedie received a couple of calls from people in the Quorum concerned about the
condition of the property behind them. Mr. LeGrand explained the upkeep required for the land.
ADJOURN:
Council Member Edstrom moved to adjourn the meeting at 10:07 p.m. Council Member Smith seconded;
motion passed unanimously.
Town Secretary, Towk._of Trophy Club, Texas
M100599JH
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Mayor Pro Tem, Town of Trophy Club, Texas