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Minutes TC 12/17/1996MINUTES OF REGULAR TOWN COUNCIL MEETING TOWN OF TROPHY CLUB, TEXAS DECEMBER 17, 1996 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a regular session on Tuesday, December 17, 1996. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Doug Glaspell Edwin "Ed" Decker Susan H. McCabe Edwin "Cotton" Moore Marshall Engelbeck STAFF AND GUESTS PRESENT: John Hill Donna Welsh Pauline Shaw Bill LeGrand Karen Sadri Diane Cockrell Michael Cherryhomes John Harbin Riley Mills John Carter 1111,1101011 V David Miller Barbara Allen Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member (Arrived 7:06 P.M.) Town Attorney Town Manager Planning & Zoning Administrator Director of Public Works Town Secretary Admin. Asst. to the Police Chief, TCPD Admin. Lt., TCPD Vice President, Beck Properties Inc. Public Works Committee Member Chairman -Finance Committee Chief of Police, TCPD Court Administrator Page 2 Regular Session December 17, 1996 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. Noting that John Carter was present, having had recent bypass surgery and wished him a speedy recovery. Mayor Carter also asked for a moment of silence in remembrance of Mrs. Marion Jayne, a Trophy Club resident and famous aviatrix, who passed away recently. INVOCATION: An Invocation was given by Mr. John Carter. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: The pledge of allegiance to the American and Texas Flags was led by Riley Mills. PRESENTATIONS BY CITIZENS: Mr. Pete Reinke, Mud 1 Board Member and resident spoke about the dividing lines on Trophy Club Drive that have appeared in the last 30 days. He felt that they made the statement to the residents that we don't care about the walkers, joggers and bicyclers in our town. He also stated that in his opinion the amount of traffic did not warrant the necessity for four lanes and that a 5' lane for pedestrian/biking traffic and a single lane was sufficient to fulfill the needs of this community. If it was necessary to maintain four lanes on TrophyClub Drive from Indian Creek to Hwy. 114 for traffic, he understood that. CLOSED SESSION: TOWN COUNCIL TO CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH CHAPTER 551, GOVERNMENT CODE, VERNON'S TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW), SECTION 551.074 PERSONNEL: A. TO CONSIDER THE APPOINTMENT OF AN ASSOCIATE MUNICIPAL COURT JUDGE FOR THE TOWN OF TROPHY CLUB, TEXAS. The Town Council adjourned into closed -door session at 7:1Op.m. with Municipal Court Judge Brad Bradley as an invited participant. A lengthy discussion ensued reafrding the need and qualifications of an Associate Municipal Court Judge for the Town At 7:33 p.m., Judge Bradley left the closed -door session and the Council continued discussion. Page 2 Regular Session December 17, 1996 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. Noting that John Carter was present, having had recent bypass surgery and wished him a speedy recovery. Mayor Carter also asked for a moment of silence in remembrance of Mrs. Marion Jayne, a Trophy Club resident and famous aviatrix, who passed away recently. INVOCATION: An Invocation was given by Mr. John Carter. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: The pledge of allegiance to the American and Texas Flags was led by Riley Mills. PRESENTATIONS BY CITIZENS: Mr. Pete Reinke, Mud 1 Board Member and resident spoke about the dividing lines on Trophy Club Drive that have appeared in the last 30 days. He felt that they made the statement to the residents that we don't care about the walkers, joggers and bicyclers in our town. He also stated that in his opinion the amount of traffic did not warrant the necessity for four lanes and that a 5' lane for pedestrian/biking traffic and a single lane was sufficient to fulfill the needs of this community. If it was necessary to maintain four lanes on TrophyClub Drive from Indian Creek to Hwy. 114 for traffic, he understood that. CLOSED SESSION: TOWN COUNCIL TO CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH CHAPTER 551, GOVERNMENT CODE, VERNON'S TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW), SECTION 551.074 PERSONNEL: A. TO CONSIDER THE APPOINTMENT OF AN ASSOCIATE MUNICIPAL COURT JUDGE FOR THE TOWN OF TROPHY CLUB, TEXAS. The Town Council adjourned into closed -door session at 7: 1Op.m. with Municipal Court Judge Brad Bradley as an invited participant. A lengthy discussion ensued reafrding the need and qualifications of an Associate Municipal Court Judge for the Town At 7:33 p.m., Judge Bradley left the closed -door session and the Council continued discussion. Page 3 Regular Session December 17, 1996 RECONVENE INTO OPEN SESSION: TOWN COUNCIL TO RECONVENE INTO REGING LADISR SESSION IN COLTAKE OOR NECESSARY ACTION EAGENDA ITEM 6A: SESSION PURSUANT TO The Town Council reconvened into regular session at 7:54 p.m. and took no action regarding agenda item 6A DISCUSSION AND APPROPRIATE ACTION REGARDING ETTER( which is attached to these PEDESTRIAN SAFETY(CHARLES J. BOEDEC minutes)); SPEED LIMITS WITHIN THE TOWN AND STREET LANE WIDTHS: from FogJohn Ilowin a lengthy discussion amongst Council and staff, i clu ing input action citizensas , Mr. Charles J. Boedecker and Mr. BillRose and d to have the Publicper Works department look into cost of side Although, general consensus walking the roadways in town. DISCUSSION AND APPROPRIATE ACTION REGARDINGFOREPORT G THE OSPEEN D ATTORNEY JOHN HILL ON H ARTERIAL STREEASPECTS TS* E LEGAL LIMIT TO 25 M.P.H. EXCEPT Following discussion that included CouncWorks im is nn mittee me Fo g the Town of Trophy d il members, Public residents, Council Member Decker moved to change the Spee citywide to 25 m.p.h• with a posted exception of 30 then Council une 1 Member Engelbeck streets. Motion ted Club, yw due to the lack of a second. Further discussion ensued and then moved to determine the type of study and all requirements needed before adjusting the speed limits. Mayor Pro Tem Glaspell seconded; motion passed unanimously. DISCUSSION AND APPROPRIATE ACTION REGARDING A HELIPAD FOR RACE DAY TRAFFIC EMERGENCIES: of Pub ic Fog Ilowin discussion the consensus was to send a proposal to t Dept. debate land theSafetybr o gnt f Trophy Club) for further study on how to accomplish and have back to Council for decision. 9:45 m. Mayor Carter asked for a five minute recess. At this time Council Member Decker At p left the meeting to go home due to illmess. MINUTES OF REGULAR TOWN COUNCIL MEETING TOWN OF TROPHY CLUB, TEXAS DECEMBER 17, 1996 IY'I �.y111_r Y 9[�7 SII Y �l:I_�.y COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a regular session on Tuesday, December 17, 1996. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Doug Glaspell Edwin "Ed" Decker Susan H. McCabe Edwin "Cotton" Moore Marshall Engelbeck STAFF AND GUESTS PRESENT: John Hill Donna Welsh Pauline Shaw Bill LeGrand Karen Sadri Diane Cockrell Michael Cherryhomes John Harbin Riley Mills John Carter David Miller Barbara Allen Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member (Arrived 7:06 P.M.) Town Attorney Town Manager Planning & Zoning Administrator Director of Public Works Town Secretary Admin. Asst. to the Police Chief, TCPD Admin. Lt., TCPD Vice President, Beck Properties Inc. Public Works Committee Member Chairman -Finance Committee Chief of Police, TCPD Court Administrator Page 2 Regular Session December 17, 1996 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. Noting that John Carter was present, having had recent bypass surgery and wished him a speedy recovery. Mayor Carter also asked for a moment of silence in remembrance of Mrs. Marion Jayne, a Trophy Club resident and famous aviatrix, who passed away recently. INVOCATION: An Invocation was given by Mr. John Carter. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: The pledge of allegiance to the American and Texas Flags was led by Riley Mills. PRESENTATIONS BY CITIZENS: Mr. Pete Reinke, Mud 1 Board Member and resident spoke about the dividing lines on Trophy Club Drive that have appeared in the last 30 days. He felt that they made the statement to the residents that we don't care about the walkers, joggers and bicyclers in our town. He also stated that in his opinion the amount of traffic did not warrant the necessity for four lanes and that a 5' lane for pedestrian/biking traffic and a single lane was sufficient to fulfill the needs of this community. If it was necessary to maintain four lanes on TrophyClub Drive from Indian Creek to Hwy. 114 for traffic, he understood that. CLOSED SESSION: TOWN COUNCIL TO CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH CHAPTER 551, GOVERNMENT CODE, VERNON'S TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW), SECTION 551.074 PERSONNEL: A. TO CONSIDER THE APPOINTMENT OF AN ASSOCIATE MUNICIPAL COURT JUDGE FOR THE TOWN OF TROPHY CLUB, TEXAS. The Town Council adjourned into closed -door session at 7:10p.m. with Municipal Court Judge Brad Bradley as an invited participant. A lengthy discussion ensued reafrding the need and qualifications of an Associate Municipal Court Judge for the Town At 7:33 p.m., Judge Bradley left the closed -door session and the Council continued discussion. Page 3 Regular Session December 17, 1996 RECONVENE INTO OPEN SESSION: TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION TO TAKE NECESSARY ACTION REGARDING MATTERS DISCUSSED IN CLOSED -DOOR SESSION PURSUANT TO AGENDA ITEM 6A: The Town Council reconvened into regular session at 7:54 p.m. and took no action regarding agenda item 6A DISCUSSION AND APPROPRIATE ACTION REGARDING VEHICLE AND PEDESTRIAN SAFETY(CHARLES J. BOEDECKER'S LETTER(which is attached to these Minutes)); SPEED LIMITS WITHIN THE TOWN AND STREET LANE WIDTHS: Following a lengthy discussion amongst Council and staff, including input from citizens, Mr. Charles J. Boedecker and Mr. Bill Rose and developer John Harbin; no action was taken. Although, general consensus was to have the Public Works department look into cost of side walking the roadways in town. DISCUSSION AND APPROPRIATE ACTION REGARDING A REPORT FROM TOWN ATTORNEY JOHN HILL ON THE LEGAL ASPECTS OF LOWERING THE SPEED LIMIT TO 25 M.P.H. EXCEPT ON ARTERIAL STREETS: Following discussion that included Council members, Public Works committee members and residents, Council Member Decker moved to change the speed limits in the Town of Trophy Club, citywide to 25 m.p.h. with a posted exception of 30 m.p.h. on arterial streets. Motion died due to the lack of a second. Further discussion ensued and then Council Member Engelbeck moved to determine the type of study and all requirements needed before adjusting the speed limits. Mayor Pro Tem Glaspell seconded; motion passed unanimously. DISCUSSION AND APPROPRIATE ACTION REGARDING A HELIPAD FOR RACE DAY TRAFFIC EMERGENCIES: Following discussion the consensus was to send a proposal to Dept. Of Public Safety(Town of Trophy Club) for further study on how to accomplish and have them debate and then bring it back to Council for decision. At 9:45 p.m. Mayor Carter asked for a five minute recess. At this time Council Member Decker left the meeting to go home due to illmess. Page 4 Regular Session December 17, 1996 DISCUSSION AND APPROPRIATE ACTION REGARDING THE POLICE DEPARTMENT PRESENTATION "TEXAS MOTOR SPEEDWAY TRAFFIC SUBCOMMITTEE PLAN." Mayor Carter introduced Michael Cherryhomes, Administrative Lieutenant, Trophy Club Police Department. Lt. Cherryhomes stated that he has been involved with the subcommittee dealing with the racetrack traffic issue for over one year and had been attending weekly meetings. Lt. Cherryhomes presentation included a video along with statistics, recommendations and a generic resolution supporting and approving the operations subcommittee report to the raceway traffic committee concerning the Texas International Raceway. Lt. Cherryhomes reiterated that we are short of personnel and equipment to adequately handle this situation. Mayor Carter thanked Lt. Cherryhomes for his and the committee's work on this situation. During discussion Council Member Engelbeck moved not to support the resolution. The motion died for the lack of a second. Mayor Pro Tem Glaspell moved to accept the resolution as written. This motion died for the lack of a second. Council Member McCabe made a motion to support the resolution with an added section that is contingent upon the funding to supply the manpower and bring amended resolution before the Council for approval in January, Council Member Engelbeck seconded. The motion passed unanimously. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING THE PRESENTATION BY JOHN HARBIN OF BECK PROPERTIES, INC. ON THE DEDICATION OF REAL ESTATE FOR PARK LAND PURPOSES ADJACENT TO THE PROPOSED PUBLIC SCHOOL SITE: This was an emergency agenda item presented because of the need to acquire the park land prior to the end of the calendar year. Mayor Carter explained this was out of the normal process and that all Commission/committee heads were invited to attend tonight's meeting to hear Mr. Harbin's presentation. John Harbin, Vice President of Beck Properties, Inc., made a presentation to the Council that described the dedication of 25.8 acres to the NISD for their use to build athletic facilities adjoining the schools for use by both the NISD and the Town. Page 5 Regular Session December 17, 1996 Mr. Harbin asked the Council to abate the park land requirement with regards to future development in the community up to the agreed park land dedication acreage amount. During discussion Mayor Carter noted it was 11:OOp.m. and asked if the Council wanted to continue with this discussion or take a recess. Council agreed to continue discussion. Following discussion Mayor Carter asked for a consensus from the Council regarding the possibilities of agreement in the future to Mr. Harbin's proposal. Council consensus was to agree to consider Mr. Harbin's request for an abatement to the park land requirement. TOWN COUNCIL TO CONSIDER AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 92-08 RELATING TO TRAFFIC REGULATIONS BY AMENDING SECTION 11 (PENALTY) THEREOF BY REDUCING THE AMOUNT OF THE MAXIMUM PENALTY FROM $500.00 TO $200.00 FOR EACH OFFENSE; PROVIDING AN EFFECTIVE DATE: John Hill, Town Attorney explained the need for the change in the ordinance was that state law mandated the maximum penalty at $200.00. Council Member McCabe moved to amend ordinance no. 92-08; relating to traffic regulations by amending section 11 (penalty) thereof by reducing the amount of the maximum penalty from $500.00 to $200.00 for each offense; providing an effective date. The motion was seconded by Mayor Pro Tem Glaspell and the motion passed unanimously. TOWN COUNCIL TO CONSIDER AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 92-14 RELATING TO THE REGULATION OF JUNKED AND ABANDONED VEHICLES BY AMENDING SECTION 8 (PENALTY) THEREOF BY REDUCING THE AMOUNT OF THE MAXIMUM PENALTY FROM $2000.00 TO $200.00 FOR EACH OFFENSE; PROVIDING AN EFFECTIVE DATE: John Hill, Town Attorney explained the need for the change in the ordinance was that state law mandated the maximum penalty at $200.00. Council Member McCabe moved to amend ordinance no. 92-14 relating to the regulation of junked and abandoned vehicles by amending section 8 (penalty) thereof by reducing the amount of the maximum penalty from $2000.00 to $200.00 for each offense; providing an effective date, the motion was seconded by Mayor Pro Tem Glaspell, and passed unanimously. Page 6 Regular Session December 17, 1996 TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS SUPPORTING THE CREATION OF AND PARTICIPATION IN A COALITION OF CITIES TO SUPPORT AND DEFEND THE 4A AND 4B SALES TAX OF ARTICLE 5190.6, V.T.C.S.; PROVIDING AN EFFECTIVE DATE: Donna Welsh, Town Manager, explained that the Town has control over how the sales tax money is spent, at this time, and that the State wants more control over this. John Hill, Town Attorney, explained that this is a lobbying effort. Council Member Engelbeck moved to accept a resolution of the Town Council of the Town of Trophy Club, Texas supporting the creation of and participation in a coalition of cities to support and defend the 4a and 4b sales tax of article 5190.6, V.T.C.S.; providing an effective date. The motion was seconded by Council Member Moore and passed unanimously. TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS SUPPORTING WITHOUT THE EXPENDITURE OF TOWN FUNDS, THE REMOVAL OF THE GAZEBO LOCATED IN THE MEDIAN IF TROPHY CLUB DRIVE NORTH OF STATE HIGHWAY 114 FROM ITS CURRENT LOCATION AND ITS RELOCATION TO TROPHY LAKE DRIVE; PROVIDING AND EFFECTIVE DATE: William LeGrand, Director of Public Works, explained that he had been approached about relocating the gazebo, as an alternative to tearing it down. During the discussion Mayor Pro Tem Glaspell questioned the structural soundness of the building and who would be responsible to maintain it once it was moved. To which Mr. LeGrand replied that he did not feel the building was sound and whoever moved it would be responsible for the maintenance on it. Council Member McCabe moved to amend the resolution by deleting the second WHEREAS in the second paragraph and by adding "and maintenance" to the last sentence of section 1, and then accepting it, the motion was seconded by Mayor Pro Tem Glaspell. The motion to amend and accept passed unanimously. Page 7 Regular Session December 17, 1996 TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN COUNCIL OF TROPHY CLUB, TEXAS SUPPORTING THE USE OF THE MEDIAN ALONG TROPHY CLUB DRIVE IMMEDIATELY NORTH OF STATE HIGHWAY 114 FOR THE CONSTRUCTION OF A CLOCK TOWER, WITHOUT THE EXPENDITURE OF TOWN FUNDS; PROVIDING AN EFFECTIVE DATE: Pauline Shaw, Planning and Zoning Administrator, explained that John Harbin, Vice President of Beck Properties, Inc., built a model of the clock tower, and that the Public Relations committee had ideas on how to raise the funds to build the clock tower in place of the gazebo. Ms. Shaw stated that the clock tower was designed to hold the Christmas tree and would have electricity going to it. She further explained that the engineering firm of Teague, Nall & Perkins had already donated the engineering needed to develop this with no cost to the town. Council Member McCabe expressed several concerns: 1. That the Council had not even moved collectively as a body to put the clock tower up to a vote. 2. That many residents do not want the clock tower there. 3. That the front entrance is not the best place to put the clock tower. 4. What is the rush to pass a resolution concerning the clock tower? Ms. McCabe firmly stated she would not support a resolution that called for the use of Town funds in conjunction with the clock tower and this is an inappropriate time for a resolution. Council Member Moore moved to approve the resolution as written; the motion was seconded by Mayor Pro Tem Glaspell. During discussion Mayor Pro Tem Glaspell stated the need for input from the residents, possibly in the form of a survey. The motion passed with a 3-2 vote. Mayor Carter, Mayor Pro Tem Glaspell and Council Member Moore voted for and Council Member McCabe and Council Member Engelbeck were opposed. TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS TERMINATING A CONTRACT WITH BECK PROPERTIES, INC. RELATING TO THE USE OF A WATER LINE ALONG TROPHY CLUB DRIVE; PROVIDING AN EFFECTIVE DATE: Following discussion Mayor Pro Tem Glaspell moved to accept the resolution as written, the motion was seconded by Council Member McCabe. The motion passed unanimously. Page 8 Regular Session December 17, 1996 CONSENT AGENDA: As no one wanted to remove the items for further discussion, Council Member Engelbeck moved to accept the Consent Agenda as it stands. Mayor Pro Tem Glaspell seconded; the motion passed unanimously. The approved items are as follows: A. Minutes of November 19, 1996 meeting. B. Unaudited and incomplete financial reports Ending 11/30/96. Council Member McCabe moved to adjourn at 11:39 p.m. with Mayor Pro Tem Glaspell seconding. The motion passed unanimously. Mayor Carter reminded the Council, staff and visitors that the January Town Council meeting would be held January 21, 1997. Town Secretary klg 1/7/97