Minutes TC 04/06/1999REGULAR TOWN COUNCIL MEETING/WORKSHOP
FOR THE
TOWN OF TROPHY CLUB
APRIL 6, 1999
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club met in regular session on Tuesday, April 6, 1999.
The meeting was held within the Town and was open to the public.
COUNCIL MEMBERS PRESENT:
Marshall Engelbeck
Kay Pratt
Kevin Carr
Ben Brewster
COUNCIL MEMBERS ABSENT:
Susan H. McCabe
STAFF AND GUESTS PRESENT:
Donna Welsh
Diane Cockrell
Cathy Morgas
Bill LeGrand
David Miller
Roger Unger
Mayor Pro Tem
Council Member (left at 9:40 p.m.)
Council Member
Council Member
Council Member
Town Manager
Town Secretary
Planning Director
Director of Public Works
Director of DPS
District Manager
WORKSHOP SESSION
CALL TO ORDER AND ANNOUNCE A QUORUM FOR WORKSHOP:
The workshop was called to order at 6:45 p.m., noting a quorum was present.
DISCUSSION OF REGULAR AGENDA ITEMS:
Council Member Brewster explained the five-year model developed by the Vision and Finance
Committee. Questions will be allowed for 10 minutes. No action will be taken.
Items 9 and 10 will be discussed together. It will be recommended to table Item 11.
ADJOURN WORKSHOP
Page 2 Regular Town Council Meeting April 6, 1999
REGULAR SESSION
CALL TO ORDER AND ANNOUNCE A QUORUM FOR REGULAR SESSION:
Mayor Pro Tem Engelbeck called the meeting to order at 7:33 p.m., noting that a quorum was present.
INVOCATION:
John Harbin gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND TEXAS FLAG:
Larry Hutto 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 ONANY
PRESENTATION 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:
Mike Strung, 261 Oak Hill Drive, presented the Town Council with a Pest Control Petition. This
petition is a permanent part of these minutes.
Bill Armstrong, 18 Avenue Twenty
Donna Wallace Strung, 261 Oak Hill
PRESENTATION BY COUNCIL:
A. PRESENTATION BY TOWN COUNCIL TO BRIAN CHAMBERS, WEBMASTER,
EXPRESSING APPRECIATION FOR THE CREATION AND MAINTENANCE OF
THE TROPHY CLUB WEBPAGE.
Mayor Pro Tem Engelbeck presented a Certificate of Appreciation to Brian Chambers for his
excellent work on the creation and maintenance of the Trophy Club Webpage.
PRESENTATION TO COUNCIL:
A. BRIEFING ON FIVE YEAR PLANNING MODEL DEVELOPED BY VISION AND
FINANCE COMMITTEES (FOR INFORMATION ONLY).
Council Member Brewster gave a brief overview on the Vision 2008.
John Harbin, Finance Committee member, passed out a financial chart and gave a presentation.
Pete Stebbins, Chairman of the Vision 2008 Committee, made a presentation on the basis of the
financial model.
Page 3 Regular Town Council Meeting April 6, 1999
Gary Tomlin presented an alternate model.
Council Member Brewster asked that staff look at both models.
TOWN COUNCIL TO DISCUSS AND ADOPT A RESOLUTION AUTHORIZING THE
CREATION OF A UTILITY FRANCHISE TASK FORCE TO SET STANDARDS AND
PROCEDURES FOR UTILITY FRANCHISING WITHIN THE TOWN OF TROPHY CLUB;
NAMING MEMBERS TO THIS TASK FORCE AND PROVIDING AN EFFECTIVE DATE:
A. CHRIS CLARK, 11 PALMETTO CT
B. BOB SPINELLI, 117 FAIRWAY VILLAGE DR
C. NESTOR KARLIS, PUBLIC WORK, CHAIRPERSON
D. MARSHALL ENGELBECK, MAYOR PRO TEM
E. CATHY MORGAS, STAFF LIAISON
Council Member Brewster made the motion to create this task force to develop application and
common franchise agreement for both cable and telecommunications and eventually lead to all other
utility franchises. Members to be appointed to be appointed to this task force include: Chris Clark,
Don Cotton, Bob Spinnelli (citizen members), Nester Karlis as Public Works representative, Don
Cotton as Planning & Zoning representative, and Mayor Pro Tem Engelbeck and Cathy Morgas as
Council and Staff liaisons, respectively. Council Member Pratt seconded; motion passed
unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
HIRING A CONSULTANT TO WORK WITH THE TOWN REGARDING
COMMUNICATION FRANCHISE AGREEMENTS:
Council Member Brewster made the motion to hire a consultant to work with the Town regarding
communication franchise. Council Member Carr seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND ADOPT AN ORDINANCE OF THE TOWN OF
TROPHY CLUB, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEARING,
THAT LONE STAR GAS COMPANY'S RATES AND CHARGES WITHIN THE TOWN
SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES;
REJECTING ALI, PROPOSED AUTOMATIC ADJUSTMENT CLAUSES; PROVIDING
FOR RECOVERY OF RATE CASE EXPENSES; ADOPTING A MOST FAVORED
NATIONS CLAUSE; PRESERVING REGULATORY RIGHTS OF THE TOWN;
ORDERING THAT THIS ORDINANCE BE SERVED ON LONE STAR GAS COMPANY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES:
Council Member Pratt made the motion to approve the Ordinance with the following changes:
Section 2 - 1.91% to 2.94%; 2.51% to 3.98%; 0.95% to 1.39%; $25,245 to $26,652; $3,580 to $5,462;
$346 to $313. Section 5 - Change "proposed by the Company" to "'and line extension charges
reflected in Exhibit A; Change the word "approved" to "adopted." Section 9 - Add May 22, 1999.
Council Member Carr seconded; the motion passed unanimously.
Page 4 Town Council/Regular Session April 6, 1999
TOWN COUNCIL TO DISCUSS AND ADOPT AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS GRANTING A FRANCHISE
AGREEMENT TO MILLENNIUM TELECOM, L.L.C., A TEXAS CORPORATION, TO
CONSTRUCT, TO OWN, AND OPERATE, AND TO MAINTAIN A CABLE TELEVISION
SYSTEM IN THE TOWN OF TROPHY CLUB, TEXAS SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANT OF FRANCHISE:
Cathy Morgas recommended to the Council the postponement of this agenda item in order to work
with the utility franchise task force on a number of issues that need to be resolved. Council Member
Carr made the motion to postpone this agenda item. Mayor Pro Tem Engelbeck seconded; motion
passed unanimously.
TOWN COUNCIL TO DISCUSS AND ADOPT AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS WHEREBY THE TOWN OF
TROPHY CLUB, TEXAS, AND MILLENNIUM TELECOM, L.L.C. AGREE THAT, FOR
THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE
TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS WIRES,
ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT
AND APPURTENANCES IN, ALONG, ACROSS, THROUGH AND UNDER ALL PUBLIC
PROPERTY IN SAID TOWN; PRESCRIBING THE ANNUAL COMPENSATION DUE THE
TOWN UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING
THE USE OF PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS,
BRIDGES OR PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN
CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE
COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY
CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF
ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE
CONTINGENCIES, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINACNE
BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN
EFFECTIVE DATE:
Council Member Carr made the motion to postpone this Agenda item. Mayor Pro Tem Engelbeck
seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND APPROVE AN ORDINANCE OF THE TOWN OF
TROPHY CLUB, TEXAS WHEREBY THE TOWN OF TROPHY CLUB, TEXAS AND
METRICOM, INC. AGREE THAT, FOR THE PURPOSE OF INSTALLING AND
MAINTAINING METRICOM'S WIRELESS DIGITAL DATA COMMUNICATIONS RADIO
NETWORK KNOW AS RICHOCHET 12, METRICOM MAY LOCATE, PLACE, ATTACH,
INSTALL, OPERATE AND MAINTAIN RADIOS ON FACILITIES OWNED BY THE
TOWN OF TROPHY CLUB, AS WELL AS FACILITIES OWNED BY THIRD PARTIES,
LOCATED IN MUNICIPAL RIGHTS-OF-WAY; PROVIDING AN INDEMINTY CLAUSE,
SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS
UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES;
PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY METRICOM,
INC.; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE:
Page 5 Town Council/Regular Session April 6, 1999
Council Member Carr made the motion to postpone this agenda item. Mayor Pro Tem Engelbeck
seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
APPOINTMENT OF THE FOLLOWING INDIVIDUALS AS ALTERNATE MEMBERS TO
THE ZONING BOARD OF ADJUSTMENTS:
A. PLAYER E. (BUD) COOK
B. KEN MCKEE
C. DAVID W. HENRY
Pearl Ford reported to the Council that she had received notification from Mr. Ken McKee that he is
moving out of the Town and requested his name be removed from consideration. Council Member
Pratt made the motion to appoint Player E. (Bud) Cook and David McHenry as alternate members to
the Zoning Board of Adjustment. Council Member Carr seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
GRANTING OF A SPECIAL PRIVILEGE USE PERMIT TO THE TROPHY CLUB
WOMEN'S CLUB ALLOWING FOR A COMMUNITY GARAGE SALE ON SATURDAY,
MAY 22, 1999, WITH AN ALTERNATE "RAIN DAY" ON SUNDAY, MAY 23,1999:
Council Member Brewster made the motion to approve the Women's Club's request for a community
garage sale on Saturday, May 22, with an alternate "rain day" on Sunday, May 23, 1999. Mayor Pro
Tem Engelbeck seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION AUTHORIZING
TEAGUE NALL & PERKINS TO CONDUCT AN ENVIRONMENTAL SOUND STUDY OF
THE HIGHWAY 114 BYPASS:
The following residents addressed the Council.
Dan Watske, 61 Sonora Drive, spoke on this subject.
Jon Livers, 111 Carnoustie Drive, spoke on this subject.
Mayor Pro Tem made the motion to authorize Teague, Nall and Perkins to start an environmental
sound study on Highway 114 bypass with the authority to go the TxDot to get information. Council
Member Carr seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
APPROVAL OF THE EXPENDITURE OF FUNDS FOR ARCHITECTURAL SERVICES TO
PREPARE A PRELIMINARY DESIGN WHICH WILL ADDRESS THE TAS VIOLATIONS
AT HARMONY PARK:
Council Member Brewster made the motion to approve the expenditure of funds for architectural
services to prepare a preliminary design which will address the TAS violations at Harmony Park with
a letter to be sent to the State that Trophy Club is in notice and are complying with their request.
Council Member Carr seconded; motion passed unanimously.
Page 6 Town Council/Regular Session April 6, 1999
TOWN COUNCIL TO DISCUSS AN AGREEMENT ON THE PROCESS FOR FILLING
COUNCIL SEAT(S) IN THE EVENT OF A VACANCY:
The consensus of the council was that if singular vacancies occur on the council vote receivers #3 and
#4 should be appointed to the Council.
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 REMADE THE MOTION
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY:
A. MINUTES OF THE JANUARY 19, 1999 EXECUTIVE SESSION
B. MINUTES OF THE FEBRUARY 2, 1999 WORKSHOP
C. MINUTES OF THE FEBURARY 16, 1999 MEETING
D. MINUTES OF THE MARCH 2, 1999 MEETING
E. MINUTES OF THE MARCH 16, 1999 MEETING
F. FINANCIALS REPORTS ENDING FEBRUARY 28, 1999
Mayor Pro Tem made the motion to approve the minutes as written and the financial reports as
presented. Council Member Pratt seconded; motion passed unanimously. Council Member Carr
abstained from approval of the minutes of January 19 Executive Session. Council Member Pratt
abstained from approval of the minutes of February 16, 1999.
EXECUTIVE SESSION: PURSUANT TO THE TEXAS GOVERNMENT CODE
SECTION 551.074 (TO DISCUSS PERSONNEL MATTERS OF TOWN ATTORNEY FIRM):
Town Council convened into Executive Session at 9:40 p.m.
RECONVENE BACK INTO REGULAR SESSION:
Town Council reconvened back into regular session at 10:08 p.m.
DISCUSSION AND TAKE APPROPRIATE ACTION REGARDING EXECUTIVE
SESSION ITEM TO APPOINT TOWN ATTORNEY FIRM:
Council Member Carr made the motion to accept Hayes, Coffey & Berry as the new law firm and
negotiate a contract with them to be effective June 1, 1999; and to encourage Cowles & Thompson to
keep Pam Liston as Prosecutor and Melissa Pegram as Personnel Attorney. Mayor Pro Tem
Engelbeck seconded; motion passed unanimously.
Page 7 Town Council/Regular Session April 6, 1999
STAFF AND COMMITTEE REPORTS:
Dave Robinson, Finance Committee, wanted clarification on the two financial scenarios that were
presented tonight. The first scenario had a lot of though put into it over the last several months and
the second just came out of the blue without being presented to the Finance Committee. Mr.
Robinson would like to recommend that the Council in the future not allow an individual member of a
committee to come in, representing a committee, and make committee statements as a consensus of
the committee.
Roger Unger, MUD District Manager, informed the Council that Shane Beck and himself went to
Indianapolis a show on ambulances and looked at three commercial ambulances. Mr. Unger would
like to spec out for a new ambulance by June and keep the existing ambulance as a backup.
Mr. Unger also reported that water sales were high. The Master District Contract is in undergoing
updating. Discussion will be held at the next meeting on Tuesday, April 13,1999 on the Westlake
merger.
Bill LeGrand, Public Works Director, reported that Public Works and Planning and Zoning is
working on the June 1 st budget deadline. Skyline Street repairs are coming along. Marcus Cable has
been asked to come back again to give another demonstration. There have been numerous complaints
regarding the costs of the cable service.
Diane Cockrell, Town Secretary, reported that Early Voting is April 14-27, 1999, Monday through
Friday, 8:00 a.m. - 5:00 p.m., and we will have early voting on Saturday, April 24, 1999 from 8:00
a.m. until 12:00 noon. She also received information in the mail on a Land Use Planning Seminar for
Council Members and if the Council would like to attend to let her know by noon on April 26, 1999.
Donna Welsh would like Council to ask the Finance Committee to endorse only one of the financial
scenarios presented tonight to work from.
PRESENTATIONS BY COUNCIL:
Council Member Brewster was stunned to learn about the mosquito problem. He will volunteer to go
with the staff to visit the Country Club. Roger Unger reported that the Town is going to be limited as
to what it can do to that water by the TNRCC because they govern what can be placed in the water. It
is the Country Club's responsibility to maintain that lake in such a manner that it does not become a
nuisance.
Council Member Carr thanked Pam Liston for all her assistance on all those issues and hope the
Council can continue working with her as prosecutor. There are other issues in town, other than the
lake, that needs attention. The grass around the schools is two and three feet tall. The school board
needs to be contacted to get it cleaned up. The grass on the corner of the Baptist Church needs to be
mowed also. He also applauded Chief Miller and his staff on speed control on Indian Creek and
Trophy Club Drive.
Page 8 Town Council/Regular Session April 6, 1999
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Council Member Brewster made the motion to adjourn at 10:50 p.m. Council Member Carr
seconded. Motion passed.
Mayor Pr "`�'em
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Town Secretary