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Minutes TC 02/04/2002MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB FEBRUARY 4, 2002 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, February 4, 2002. The meeting was held within the boundaries of the Town and was open to the public. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Susan Edstrom Mayor Pro Tem Bill Matthai Council Member Barry Huizenga Council Member Scott Spence Council Member Roger Williams Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Roger Unger Finance Director Paul Rosenberger Community Development Manager Patricia Adams Town Attorney Gene Hill P&Z Chairman 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: Council Member Huizenga gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mr. Ben Brewster 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. Ms. Pearl O. Ford of 2 Spring Creek Court and Mr. Brad Glasco of 15 Creekside addressed the Council. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, Page 2 REGULAR SESSION February 4, 2002 APPOINTING A CITIZEN TO ONE (1) SEAT ON THE PUBLIC RELATIONS COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. A. WANDA BREWSTER Barb Tweedie requested and highly recommended Wanda Brewster to serve on the Public Relations Committee. Mayor Pro Tem Edstrom made a motion to approve the resolution appointing Wanda Brewster to a one-year term on the Public Relations Committee. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AWARD/REJECTION OF BIDS FOR THE FIRST PHASE OF CONSTRUCTION OF THE 10 -ACRE PARK. Neil Twomey gave a presentation, stating that the low bid for the first phase of construction to the 10 acre park was $897,000; approximately $200,000 less than the engineer's estimate to Parks and Recreation. The Town's cost for the 10 -acre park is estimated at $111,000; EDC -A is putting up $175,000; MUD is putting up $25,000; EDC -B is pledging $20,000; $373,639 — portion of $500,000 grant; a cash deposit of $137,000; and a contribution from Jeff Beck of $55,000. All these sums totaled together amounts near that of the low bid. Mr. Darren Klauser of 15 Winstead Court, Mr. Billy Hughes of 216 Inverness, Ms. Pauline Twomey of 203 Oakmont, and Ms. Barb Tweedie of 220 Oakmont addressed the Council. Paul Rosenberger explained that In Form Construction's bid of $897,250.50 was the lowest of the three bids received. Tom Hoover addressed the Council and answered their questions Council Member Matthai made a motion to accept In Form Construction's bid, not to exceed, of $897,227.50, for the first phase of construction of the 10 -acre park. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING REQUEST TO APPROVE THE EXPENDITURE OF $1,400 FROM THE COURT TECHNOLOGY FUND TO PAY FOR CREDIT�DEBIT CARD PAYMENT ACCEPTANCE EQUIPMENT. Barbara Allen requested approval to purchase credit/debit card equipment in the amount of $1,400, from the Court Technology Fund. This equipment will enable the Court to accept credit/debit payments for citations and warrants. The Court Technology Fund was established by Ordinance by Council two years ago. From every fine or fee that is collected, per violation, $4.00 is put into the Court Technology Fund. The cost per credit card transaction is 1.49% plus twenty-five cents, which equals to about $1.14 a fine. The cost for a debit card transaction is thirty-eight cents. Council Member Huizenga made a motion to approve the purchase of credit/debit card payment acceptance equipment from the Court Technology Fund. Council Member Matthai seconded; motion carried unanimously. Page 3 REGULAR SESSION February 4, 2002 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 JANUARY 21.2002. B. FINANCIALS DATED NOVEMBER 2001. C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS, TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 TO CONDUCT A JOINT ELECTION TO BE HELD ON MAY 4, 2002. D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL ELECTION BETWEEN THE TOWN OF TROPHY CLUB, TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO 1 AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, TO BE HELD ON MAY 4, 2002, FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH TO THE TOWN COUNCIL, FOR ELECTING THREE (3) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 FOR FOUR (4) YEAR TERMS EACH, AND FOR ELECTING TWO (2) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 FOR FOUR (4) YEAR TERMS EACH; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION AGREEMENT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Diane Cockrell requested to have Item C (Joint Elect Agreement) and Item D (Ordinance Ordering and Calling a Joint Election) pulled from the Consent Agenda. Roger Unger requested to have Item B, the November Financials, pulled from the Consent Agenda. Mayor Pro Tem Edstrom made a motion to approve Item A; the regular session minutes dated January 21, 2002. Council Member Huizenga seconded; motion carried unanimously. Roger Unger explained the distribution of financials. Council Member Williams made a motion to approve the November financials. Mayor Pro Tem Edstrom seconded; motion carried unanimously. Town Attorney Adams explained the minor editorial changes made to the Joint Election Agreement and to the Ordinance Ordering and Calling a Joint Election, providing revised copies for signature. Mayor Pro Tem Edstrom made a motion to approve the Joint Election Agreement and the Ordinance Ordering and Calling a Joint Election with changes as noted by Counsel. Council Member Huizenga seconded; motion carried unanimously. Page 4 REGULAR SESSION February 4, 2002 COUNCIL AND STAFF REPORTS: • ROGER WILLIAMS Council Member Williams gave a report. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION. Council convened into Executive Session at 8:22 p.m. EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, SECTION 551.071(2), THE TOWN COUNCIL WILL ENTER INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING: A. CONSULTATION WITH TOWN ATTORNEY ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICT WITH THE OPEN MEETINGS ACT. (1) LEGAL ADVICE RELATIVE TO THE TROPHY CLUB/ WESTLAKE DEPARTMENT OF PUBLIC SAFETY CONTRACT. THE DISTRICT MAY ADMIT TO THE CLOSED MEETING VARIOUS DIRECTORS AND REPRESENTATIVES OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT 1 (MUDI), ALONG WITH ITS ATTORNEY, AND VARIOUS DIRECTORS AND REPRESENTATIVES OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT 2 (MUD2), ALONG WITH ITS ATTORNEY, SINCE THE INTERESTS OF MUD 1 AND MUD 2 APPEAR TO BE ALIGNED WITH THE INTERESTS OF TROPHY CLUB ON THIS MATTER AND THE PRESENCE OF THOSE PERSONS IS NECESSARY FOR FULL COMMUNICATION BETWEEN THE TOWN AND ITS ATTORNEY, AS ALLOWED BY TEXAS ATTORNEY GENERAL OPINION NO. JM -238. THE TOWN OF TROPHY CLUB WILL NOT ADMIT A QUORUM OF EITHER MUDI OR MUD2 TO THE CLOSED SESSION. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Council reconvened into Regular Session at 10:13 p.m. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO: • THE TROPHY CLUB/WESTLAKE DEPARTMENT OF PUBLIC SAFETY CONTRACT. Council Member Huizenga made a motion, (based on a proposal returned to Trophy Club by Mayor Bradley) that our staff and/or Ben Brewster, Chairman of the DPS Board, present our counter proposal and our answers to that proposal. Mayor Pro Tem Edstrom seconded; motion carried unanimously. ADJOURN. Mayor Pro Tem Edstrom made a motion to adjourn at 10:15 p.m. Council Member Williams seconded; motion carried unanimously. Page 5 ATTEST: REGULAR SESSION _ February 4, 2002 OF A9% r Mayor, Towu, f Yrophy Club, Texas Town Secretary, 'own of Trophy Club, Texas