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Minutes TC 12/07/1999MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB DECEMBER 7, 1999 STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club met in regular session on Tuesday, December 7, 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 Bill Matthai STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Cathy Morgas Jim Buxton Bill LeGrand David Miller Lou Opipare Roger Unger Tiffany Haertling Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Planning Director Finance Director Director of Public Works Director of DPS Asst. Director of DPS MUD Manager Town Attorney CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the meeting to order at 7:30 p.m. noting a quorum was present. INVOCATION: Council Member Tweedie gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS: Jim Burton, Finance Director, led the pledges. Page 2 Regular Meeting December 7, 1999 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 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: The following individuals address the Council: Janice Flynn, 1311 Mt. Gilead Road, President, Metroport Humane Society Mayor Engelbeck introduced Harriet Gibbon, as the new Account Manager of TXU. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CREATING A UTILITY FRANCHISE COMMITTEE; REPEALING AND REPLACING RESOLUTION NO. 1999-07, AUTHORIZING THE CREATION OF A UTILITY FRANCHISE TASK FORCE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR A TOWN COUNCIL LIAISON; PROVIDING FOR OBLIGATIONS AND DUTIES OF THE COMMITTEE; PROVIDING FOR CONDUCT OF MEETINGS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A CHAIRMAN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL REPEAL RESOLUTION NO. 1999-07; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE: Cathy Morgas, Planning Director, shared that the Town will continue to need to have this type of group to assist the Town. Tiffany Haertling, Town Attorney, added that this committee really saved money for the Town in legal fees. Council Member Smith moved to adopt the ordinance. Mayor Pro Tem Brewster seconded; motion passed unanimously. Council Member Edstrom recommended Council Member Matthai as staff liaison. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON AN ORDINANCE PROVIDING FOR THE RELEASE OF INFORMATION PURSUANT TO THE TEXAS OPEN RECORDS ACT BY USE OF FACSIMILE MACHINES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; PROVIDING AN EFFECTIVE DATE: Council Member Edstrom moved to adopt the ordinance. Council Member Tweedie seconded; motion passed unanimously. Page 3 Regular Meeting December 7,1999 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS RELATING TO TRAFFIC AND STREET CONTROL AND PROVIDING REGULATIONS AS FOLLOWS: PROVIDING DEFINITIONS; PROVIDING FOR A MAXIMUM RATE OF SPEED FOR VEHICLES OF THIRTY (30) MILES PER HOUR WITHIN THE TOWN AND TWENTY (20) MILES PER HOUR WITHIN A CERTAIN DISTANCE OF SCHOOLS; PROVIDING FOR THE POSTING OF SPEED LIMIT AND SCHOOL ZONE SIGNS; PROVIDING FOR THE POSTING OF STOP SIGNS; PROVIDING FOR THE POSTING OF STOP LIGHTS; REGULATING THE CONSTRUCTION OF STRUCTURES WHICH MIGHT IMPACT VISIBILITY ON THE ROADWAY; PROVIDING PARKING REGULATIONS; PROHIBITING THE PARKING OF MOTOR VEHICLES ON PUBLIC HIGHWAYS, STREETS AND OTHER RIGHTS-OF-WAY BETWEEN THE HOURS OF 3 A.M. AND 5 A.M. EACH DAY; PROVIDING REGULATIONS FOR OVERWEIGHT VEHICLES; PROVIDING FOR PERMITS; PROVIDING FOR WEIGHTS OF LOADS; PROVIDING PROCEDURES FOR THE WEIGHING OF LOADED VEHICLES BY POLICE OFFICERS; PROVIDING PROCEDURES FOR THE TRANSPORTATION OF SOLID WASTE; PROVIDING PROCEDURES FOR THE TRANSPORTATION OF READY MIXED CONCRETE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING SPEED OF MOTOR VEHICLES, TRAFFIC CONTROL DEVICES, OBSTRUCTION OF VIEW, PARKING AND OVERWEIGHT VEHICLES EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 1999-21 FOR THE PURPOSE OF COMBINING THE SAID ORDINANCE HEREIN WITHOUT SUBSTANTIAL CHANGE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A GENERAL PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE, UNLESS SPECIFICALLY PROVIDED FOR OTHERWISE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE: Council Member Edstrom made the motion to adopt the ordinance with the amendment to include Section 4 — K ---which will list emergency stop light on Trophy Club Drive. Council Member Matthai 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 AUTHORIZING CONTINUING PARTICIPATION IN THE NORTH CENTRAL TEXAS NARCOTICS TASK FORCE, ACKNOWLEDGING THE DUTY OF THE TOWN TO REPAY THE CRIMINAL JUSTICE DIVISION IF FUNDS ARE LOST OR MISUSED; PLEDGING PAYMENT OF THE LOCAL SHARE OF THE COSTS OF THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE: Council Member Edstrom made the motion to approve the resolution. Mayor Pro Tem Brewster seconded. After further discussion, Council Member Matthai made the motion to amend the resolution by removing the word "of"out out of the last Whereas between the Town of Council. Council Member Edstrom seconded; amended motion passed unanimously. Original motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION ADOPTING AN ANNEXATION PLAN FOR THE TOWN; AND PROVIDING AN EFFECTIVE DATE: Page 4 Regular Meeting December 7, 1999 Cathy Morgas, Planning Director, introduced this item and stated that the State Legislature requires that notice be put on Web site by December 31, 1999. Council Member Smith made the motion to approve the resolution; Council Member Tweedie seconded. After further discussion, Council Member Smith withdrew his motion and Council Member Tweedie withdrew her second. Mayor Pro Tem Brewster made the motion to move this item to the December 21, 1999 meeting. 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 ESTABLISHING A PROCEDURE TO APPOINT CITIZENS TO TOWN COMMITTEES; PROVIDING AN EFFECTIVE DATE: Council Member Edstrom moved to adopt the resolution. Council Member Matthai seconded; motion passed unanimously. Applicants will be notified of their appointment by the Town Secretary. TOWN COUNCIL TO RECEIVE AN UPDATE REGARDING MUD I'S ACTION WITH RESPECT TO THE COSTS TO REPAIR SUMMIT COVE AND TAKE APPROPRIATE ACTION: Roger Unger gave an update on the underground and aboveground repair. The MUD Board is committed to the repair. It was the consensus to continue this item to the next meeting. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING COUNCIL MEETING AND AGENDA PROCEDURES: Mayor Pro Tem Brewster made the motion to approve the recommended procedures as written. Council Member Tweedie seconded. After further discussion regarding changes in the procedures, the consensus was to bring this back to the Council meeting on December 21, 1999 in the form of an ordinance. TOWN COUNCIL TO HEAR A BRIEF UPDATE ON Y2K INFORMATION SERVICES: Lou Opipare gave a report on the status of the information systems update. All the vendors are ready for Y2K and we have made all the upgrades we need to make through today. We are in process of testing all four servers and every stand alone PC we have meets the standards. There is a contingency plan if there is a problem in a major exposure area and we have one major exposure area. That one area is power. We will be able to operate for 30 minutes if we lose power. Our municipality is capable of powering a small city. We internally have l0KW power at the fire station and can run everything except heat and air conditioning. We have a l OKW portable generator that the MUD uses at the treatment plant and each of the major pieces of apparatus in the fire station is capable to generate IOKW apiece. The contingency plan is to power the server back, the telephone system and the routers up here with the emergency generator. This has been done before. In summary, the Town is Y2K ready as much as we know of today. Page 5 Regular Meeting December 7, 1999 TOWN COUNCIL TO RECEIVE AN UPDATE ON THE CAT LEASH LAW AND TAKE APPROPRIATE ACTION: Chief Miller gave a report to the Council. A copy of the report is attached to these minutes. It appears Trophy Club is probably the only city in the area that does not have a provision for cats in its animal control ordinance. The staff recommendation is to update our animal control ordinance to make it similar to cities around us, which basically states that a cat would be considered at large if it is not on the property of the owner or in immediate control of the owner. We are not looking for any type requirement for a cat to be on a leash, just for the cat not to become a nuisance. Council Member Smith verified what Chief Miller stated. The consensus of the Council was for the Town Attorney to amend the Ordinance with changes stated and make consistent with State law and bring back to the December 21, 1999 Council meeting. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON THE DESIGNATION OF A MONTHLY DATE AND TIME FOR COUNCIL/MUD BOARD PRESIDENTS AND STAFF TO HAVE COFFEE WITH RESIDENTS FOR ONE-ON-ONE QUESTIONS AND ANSWERS: Donna Welsh, Town Manager, introduced this item. Some cities have a gathering once a month have a get together with residents in an informal atmosphere for questions and answers or for general discussion for residents who are unable to attend Council meetings. It is the consensus of the Council that this meeting be held on the first Thursday of every month from 7:30 — 8:30 a.m. at the MUD Building. The first meeting will be held on January 6, 1999. TOWN COUNCIL TO HEAR A REPORT ON GFOAT (GOVERNMENT FINANCIAL OFFICERS ASSOCIATION OF TEXAS): Jim Buxton, Finance Director, gave a report. Mr. Buxton attended a seminar in San Antonio in October and met several finance directors from area cities. He feels this is an excellent group of individuals and that he can contact any of them for assistance. 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 NOVEMBER 16, 1999 Council Member Edstrom made the motion to remove the minutes from the Consent Agenda. Council Member Tweedie seconded; motion passed unanimously. Council Member Edstrom asked that the task force utilize existing committee meetings as venues for their focus groups; this is to include: Women's Club meetings, Babysitting Co-op meetings, PTA, committee meetings, etc. Council Member Tweedie made the motion to approve the minutes as amended; Council Member Edstrom seconded; motion passed unanimously. Page 6 Regular Meeting December 7, 1999 B. FINANCIALS ENDING SEPTEMBER, 1999 Council Member Tweedie made the motion to approve the financials ending September, 1999. Council Member Edstrom seconded; motion passed unanimously. REPORTS AND COMMENTS: A. COMMITTEES PUBLIC WORKS COMMITTEE - NESTOR KARLIS, CHAIRMAN Chairman was not available for a report. PARKS AND RECREATION- BILLY HUGHES — CHAIRMAN Chairman was not available for a report. INFORMATION SER VICES/INFORMATION TECHNOLOGY COMM. - BETH ANN GREGORY/LINN BROWN — CO-CHAIRMEN Chairmen were not available for a report. ECONOMIC DEVELOPMENT CORPORATION - TERRY CHRISTLIEB — CHAIRPERSON Chairman was not available for a report. PUBLIC RELATIONS COMMITTEE - PAM IRWIN, CHAIRMAN Chairman was not available for a report. PLANNING AND ZONING COMMISSION — MIKE HAMPER, CHAIRMAN Chairman was not available for a report. ZONING BOARD OF ADJUSTMENT S - PEARL FORD, CHAIRMAN Chairman was not available for a report. EMERGENCY MANAGEMENT COMMITTEE - EDWIN "COTTON" MOORE CHAIRMAN Mr. Cotton Moore, Chairman, asked David Miller, Director of Public Safety, to speak in his behalf. Mr. Moore just wanted everyone to know that he is planning to table top soon after the first of the year for the emergency management team in the City and will bring more details on this in the future. UTILITY FRANCHISE TASK FORCE — - RICHARD HOBDAY, CHAIRMAN Chairman was not available for a report. Page 7 Regular Meeting December 7, 1999 WAYS & MEANS COMMITTEE — DAVID NEAL, CHAIRMAN Chairman was not available for a report. B. COUNCIL Council Member Tweedie recommends that the Council read their "Texas Town and City" magazine. Council Member Matthai commented on the letter from TXDot regarding the right turn lane. Mayor Engelbeek thanked the Public Relations Committee and the Beautification Committee for their hard work on the clock tower and the dedication. He would also the council to consider having the first Council meeting of every year being a Founders' Day meeting to honor the past council members and officials for their dedication and hard work to the Town. EXECUTIVE SESSION: PURSUANT TO THE TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551 SECTIONS 551-071 — 551.075: A. SECTION 551.071: DISCUSSION WITH ATTORNEY RELATIVE TO PENDING OR CONTEMPLATED LITIGATION. 1. CAUSE NO. 99-10759-16 JANICE LOWRY-BROWN VS. JEFFREY ANDREW DICKSON AND THE CITY OF TROPHY CLUB B. SECTION 551.074: DISCUSSION OF PERSONNEL MATTERS 1. COUNCIL COMMITTEE LIAISONS Convened into Executive Session at 9:45 p.m. Reconvened back into Regular Session at 10:00 p.m. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING EXECUTIVE SESSION: A. CAUSE NO. 99-1.0759-16 JANICE LOWRY-BROWN VS. JEFFREY ANDREW DICKSON AND THE CITY OF TROPHY CLUB No action taken on this agenda item. B. COUNCIL COMMITTEE LIAISONS Reconvened back into Regular Session; Council Member Edstrom made the motion to appoint Council Member Matthai as Council Liaison to the Utility Franchise Committee. Council Member Tweedie seconded; motion passed unanimously. Page 8 Regular Meeting December 7, 1999 ADJOURN: Council Member Smith made the motion to adjourn at 10:01 p.m. Council Member Edstrom seconded; motion passed unanimously. vt�'t Mayor, Yown of Trophy Chib, Texas -fi e: ZL��4�z Town SecrF.;tary, To n of Trophy Club, Texas M 120799jh