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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 o Mayor Pro Tem, Town of Trophy Club, Texas