Minutes TC 11/16/1999MINUTES OF WORKSHOP/REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
NOVEMBER 16, 1999
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas met in workshop/regular session on Tuesday,
November 16, 1999. The meeting was held within the boundaries of the Town and was open to the
public.
COUNCIL MEMBERS PRESENT:
Marshall Engelbeck
Mayor
Ben Brewster
Mayor Pro Tem
Susan Edstrom
Council Member
Bill Matthai
Council Member
Barb Tweedie
Council Member
COUNCIL MEMBERS ABSENT:
Scott Smith Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Town Manager
Diane Cockrell
Town Secretary
Cathy Morgas
Planning Director
Jim Buxton
Director of Finance
Roger Unger
MUD Manager
Jerri Hill
Administrative Assistant
Tiffany Heartling
Town Attorney
PUBLIC WORKS COMMITTEE PRESENT:
Nestor Karlis
Tom Dyer
Riley Mills
Robert Tate
Chairman
Committee Member
Committee Member
Committee Member
PUBLIC WORKS COMMITTEE MEMBERS ABSENT:
Kyle Duininck Committee Member
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Engelbeck called the meeting to order and announced a quorum.
PAGE 2 WORKSHOP/REGULAR MEETING NOVEMBER 16, 1999
6:30 p.m. — 6:45 p.m. TOWN COUNCIL TO DISCUSS A RESOLUTION CALLING FOR
TOWN PARTICIPATION ON A COMMITTEE TO FORMULATE AND RECOMMEND
IMPLEMENTATION OF A MASTER DISTRICT CONCEPT PLAN; AND PROVIDING AN
EFFECTIVE DATE.
Roger Unger, MUD Manager, explained the history of MUD districts. MUD 2 has expressed a desire to
have more input in the day-to-day operations; MUD 1 agreed. The resolution wants to form a committee
of the Town Manager, MUD Manager, and two members of the Council as ex officio members and
members of MUD 1 and MUD 2 to develop this master district concept.
6:45 p.m. — 7:05 p.m. TOWN COUNCIL TO HEAR A PRESENTATION FROM THE PUBLIC
WORKS COMMITTEE TO DISCUSS TRASH COLLECTIONS, RECYCLING, BILLING
ISSUES RELATED TO BOTH, AND STREET REPAIRS.
Nestor Karlis, Chairman of the Public Works Committee, introduced the members of the Committee that
were present. Mr. Karlis made a slide presentation and stated that the Public Works Committee is
recommending to the Town that they remove the cost of the trash collection charge to the citizens and
place it back in the tax base. Jim Buxton, Finance Director, also presented a slide presentation explaining
the revenues from the trash collection.
Mayor Pro Tem Brewster explained the process of having citizens pay their trash collection bills. Mr. Jim
Carter also spoke on this item.
7:05 p.m. — 7:25 p.m. TOWN COUNCIL TO DISCUSS INCREASING THE NUMBER OF
MEMBERS FROM FIVE TO SEVEN ON THE WAYS AND MEANS COMMITTEE IN ORDER
TO ACCEPT ADDITIONAL RESPONSIBILITIES AND TO MONITOR THE BUDGET.
(COUNCIL MEMBER SMITH)
This item was not discussed during the workshop.
At this time Commissioner Jim Carter gave a report on County activities.
ADJOURN WORKSHOP. Mayor Pro Tem Brewster moved to adjourn the workshop at 7:37 pan.
Council Member Edstroln seconded; motion passed unanimously.
AGENDA
COUNCIL MEMBERS PRESENT:
Marshall Engelbeck
Mayor
Ben Brewster
Mayor Pro Tem
Susan Edstrom
Council Member
Bill Matthai
Council Member
Scott Smith
Council Member (arrived at 8:38 p.m.)
Barb Tweedie
Council Member
PAGE 3 WORKSHOP/REGULAR MEETING
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Diane Cockrell
Cathy Morgas
Jim Buxton
Roger Unger
David Miller
Jerri Hill
Tiffany Heartling
Mike Hamper
PUBLIC WORKS COMMITTEE PRESENT:
Town Manager
Town Secretary
Planning Director
Director of Finance
NOVEMBER 16, 1999
MUD Manager
Director of Public Safety
Administrative Assistant
Town Attorney
Planning & Zoning Chairman
Nestor Karlis
Chairman
Tom Dyer
Committee Member
Riley Mills
Committee Member
Robert Tate
Committee Member
PUBLIC WORKS COMMITTEE MEMBERS ABSENT:
Kyle Duininck Committee Member
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Engelbeck called the meeting to order at 7:37 p.m. announcing a quorum was present.
INVOCATION: Commissioner Jim Carter gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mayor Pro Tem
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
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:
Mayor Pro Tem Brewster moved to suspend the rule of order to allow Commissioner Jim Carter longer
than three minutes to continue his presentation. Council Member Edstrom seconded; motion passed
unanimously.
Commissioner Jim Carter continued his presentation at this time.
PAGE 4 WORKSHOP/REGULAR MEETING MINUTES NOVEMBER 16, 1999
The following individuals addressed the Council:
Penny Nichols, 6 Paint Rock
Larry Hoover, 1118 Berkshire Court
OATH OF OFFICE TO BE ADMINISTERED TO INCOMING COUNCIL MEMBER, BILL
MATTHAI:
Mark Chambers, Municipal Court Judge, gave the Oath of Office to newly elected Council Member Bill
Matthai.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION CALLING FOR TOWN PARTICIPATION ON A COMMITTEE TO
FORMULATE AND RECOMMEND IMPLEMENTATION OF A MASTER DISTRICT
CONCEPT PLAN; AND PROVIDING AN EFFECTIVE DATE:
Roger Unger, MUD Manager, explained this item. Mayor Pro Tem Brewster made the motion to approve
the resolution and as part of this motion that section 2 is to read that two council members be assigned
and that they will be non-voting members of this committee, and to appoint Council Members Matthai
and Smith to represent the Town Council. Council Member Edstrom seconded; motion passed
unanimously.
TOWN COUNCIL TO HEAR A PRESENTATION FROM THE PUBLIC WORKS
COMMITTEE TO DISCUSS TRASH COLLECTIONS, RECYCLING, BILLING ISSUES
RELATED TO BOTH, AND STREET REPAIRS:
Nestor Karlis, Chairman of the Public Works Committee, introduced the members of the Committee that
were present. Mr. Karlis made a slide presentation and stated that the Public Works Committee is
recommending to the Town that they remove the cost of the trash collection charge to the citizens and
place it back in the tax base. Jim Buxton, Finance Director, also presented a slide presentation explaining
the revenues from the trash collection.
The following individual spoke on this item:
Wayne Obermeier, 207 Oakmont Drive
Tom Dyer, 8 Oak Village Court
After further discussion, no action was taken.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO EXPAND THE
NUMBER OF MEMBERS FROM FIVE TO SEVEN ON THE WAYS AND MEANS
COMMITTEE IN ORDER TO ACCEPT ADDITIONAL RESPONSIBILITIES AND TO
MONITOR THE BUDGET. (COUNCIL MEMBER SMITH)
The following individual addressed the Council:
David Neal, 116 Greenhill
PAGE 5 WORKSHOP/REGULAR MEETING MINUTES NOVEMBER 16, 1999
Council Member Smith explained this item. Mayor Pro Tem Brewster explained what the Ways and
Means Committee is achieving at this time. Council Member Tweedie explained that the Public Works
Committee did not have a Council liaison this past year. No action taken at this time.
Mayor Pro Tem Brewster moved to move agenda Item 13 regarding the street condition of Summit Cove
at this time. Council Member Edstrom seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
STREET CONDITION OF SUMMIT COVE:
The following individuals addressed the Council:
Bonita Turner, 120 Summit Cove
Steve Landon, 103 Summit Cove
Dennis Meek, 123 Summit Cove
Donna Welsh, Town Manager, gave an update on this agenda item. This is a temporary patch and is not a
repair.
Gary Teague, Teague, Nall & Perkins, explained why this road failed and that this will be a major repair.
The Town is working with the engineers to find a solution to fix the road.
After further discussion, the Public Works Committee is to meet with MUD 1 and report back to the
Council on December 7 with recommendations on solving this problem.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION DIRECTING THE FRANCHISE UTILITY TASK FORCE IN COOPERATION
WITH THE TOWN COUNCIL TO MAKE PREPARATION FOR AND TO CONDUCT
COMMUNITY SURVEYS AND PUBLIC HEARINGS AND/OR FOCUS GROUPS TO RECEIVE
CITIZEN INPUT PERTAINING TO THE TOWN'S CABLE RELATED NEEDS; PROVIDING
AN EFFECTIVE DATE:
Richard Hobday explained this agenda item. Council Member Edstrom asked that the task force utilize
existing committee meetings as venues for their focus groups. To include: Women's Club meetings,
Babysitting Co-op meetings, PTA, committee meetings, etc. Council Member Edstrom moved to approve
the resolution with the change to read "public hearings and focus groups" instead of "public hearings or
focus groups." Council Member Tweedie seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS
ENCOURAGING THE CITY OF SOUTHLAKE TO ALLOW T.W. KING ROAD TO REMAIN
OPEN; ENCOURAGING THE CITY OF SOUTHLAKE TO RESOLVE ALL OUTSTANDING
ISSUES PERTAINING TO T.W. KING ROAD; PROVIDING AN EFFECTIVE DATE.
The following individual spoke on this item:
Jim Carter, 204 Fresh Meadow
PAGE 6 WORKSHOP/REGULAR MEETING MINUTES NOVEMBER 16, 1999
Mayor Engelbeck explained this item and made a couple of corrections to the proclamation to allow
Kirkwood Boulevard to remain open. Mayor Pro Tem Brewster moved to approved the resolution as
amended; Council Member Edstrom seconded, motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON THE
DEVELOPMENT OF TELECOMMUNICATIONS FEE AND GIVE AUTHORITY TO
MARSHALL ENGELBECK, RICHARD HOBDAY, AND JIM BUXTON TO SIGN ON BEHALF
OF THE TOWN OF TROPHY CLUB AND SEND TO THE PUBLIC UTILITY COMMISSION
PRIOR TO DECEMBER 1, 1999:
Mr. Richard Hobday informed the Council that House Bill 1.777 establishes methodology for charging
franchise fees the Town must comply to be able to collect franchise fees in the year 2000. Council
Member Tweedie moved to approve the authority. Council Member Edstrom seconded; motion passed
unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
MERITORIOUS EXCEPTION TO ORDINANCE #99-13 BY REGENCY REALTY
CORPORATION FOR A "COMING SOON" POLE SIGN AT THE TROPHY CLUB PLAZA,
(PD -21):
Mike Hamper, P&Z recommended that the meritorious exception be granted for two signs for a period of
one year. Council Member Brewster moved to approved the meritorious exception as written for one
sign; Council Member Edstrom seconded. After further discussion, Council Member Smith made a
motion to amend the motion to approve two signs; motion failed for a lack of a second. Original motion
passed by a vote of four to one with Mayor Pro Tem Brewster, and Council Members Edstrom, Matthai,
and Tweedie voting for and Council Member Smith voting against.
TOWN COUNCIL TO HEAR A REQUEST FOR A WAIVER FROM NANCY BALLARD, 2
PAGOSA COURT, FOR AN EXISTING ABOVE GROUND POOL, AND TAKE APPROPRIATE
ACTION.
Donna Welsh, Town Manager, explained that this pool is in violation of the ordinance; Staff recommends
removal of the pool. After further discussion, Mayor Pro Tem Brewster moved to deny the request for
waiver and allow 90 days to remove structure. Council Member Matthai made a motion to amend the
motion for six months; Council Member Tweedie seconded. The amendment to the motion failed with
Council Members Matthai and Tweedie voting for and Mayor Pro Tem Brewster, Council Members
Edstrom and Smith voting against. Original motion failed by a vote of two to three with Mayor Pro Tem
Brewster and Council Member Edstrom voting for, and Council Members Smith, Matthai and Tweedie
voting against. Council Member Edstrom made the motion to deny the waiver; Council Member Tweedie
seconded. The motion passed by a vote of four to one with Mayor Pro Tem Brewster and Council
Members Edstrom, Matthai and "Tweedie voting for and Council Member Smith voting against. Council
Member Matthai made the motion to provide the homeowner 120 days to comply with this and come
back to Council with status of compliance; Council Member Tweedie seconded. After further
discussion, motion failed by a vote of two to three with Council Members Matthai and Tweedie voting for
and Mayor Pro Tem Brewster and Council Members Edstrom and Smith voting against. Consensus of the
Council is to have staff report back to the Council on the status of the pool removal.
PAGE 7 WORKSHOP/REGULAR MEETING MINUTES NOVEMBER 16, 1999
TOWN COUNCIL TO DISCUSS THE SOUND BARRIER WALL ALONG THE HIGHWAY 114
BYPASS TO HOWE STREET. (COUNCIL MEMBER SMITH):
Council Member Smith introduced this item. Chief Miller has requested Roanoke place speed limit signs
on the bypass depicting 30 miles per hour.
At 11:02 p.m. Council Member Edstrom made the motion to continue the meeting past 11:00; Council
Member Matthai seconded; motion passed unanimously.
The Council took a break at 11:03 p.m. and reconvened at 11:08 p.m.
TOWN COUNCIL TO HEAR A REPORT ON GOVERNMENT FINANCIAL ASSOCIATION
OF TEXAS (GFOAT).
Council Member Brewster moved to postpone to December 7; Council Member Edstrom seconded;
motion passed by four to zero with Mayor Pro Tem Brewster, Council Members Edstrom, Matthai, and
Tweedie voting for and Council Member Smith abstaining.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON THE
DESIGNATION OF A MONTHLY DATE AND TIME FOR COUNCIL/MUD
PRESIDENTS/STAFF TO HAVE COFFEE WITH RESIDENTS FOR ONE ON ONE
QUESTIONS:
Council Members Edstrom moved to this item to December 7, Council meeting. Council Member
Brewster seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
PROCEDURE FOR APPOINTING COMMITTEE MEMBERS:
Council Member Tweedie moved to accept these guidelines with changes and have a resolution drafted
for Council approval. Council Member Smith seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON THE CREATION
OF AN EDITORIAL REVIEW BOARD:
Mayor Pro Tem Brewster explained that this would make the Town newspaper a more legitimate
publication for policy control. Mayor Pro Tem Brewster recommends that the Mayor and Town Manager
recommend five individuals to this board and bring information back to legal counsel in order that an
ordinance be drafted for approval. Council Member Matthai expressed his concern regarding the
guidelines in place before appointment of members. Donna Welsh stated that information is already being
gathered.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON THE
SCHEDULING/APPOINTMENTS FOR MEMBERS TO THE PLANNING AND ZONING
COMMISSION.
PAGE 8 WORKSHOP/REGULAR MEETING MINUTES NOVEMBER 16, 1999
Mayor Engelbeck explained this item and made the recommendation to designate the members who have
served the longest on the commission that their terms be over in the year 2000, and the other members in
the year 2001. The three longest serving members are Mike Hamper, Roger Williams, and David Schaaf.
Council Member Matthai moved to approve the recommendations. Council Member Tweedie seconded;
motion passed by a vote of four to zero with Mayor Pro Tem Brewster and Council Members Matthai,
Smith and Tweedie voting for and Council Member Edstrom abstaining.
TOWN COUNCIL TO DISCUSS THE LEASH LAW FOR CATS AND TAKE APPROPRIATE
ACTION IF NECESSARY. (COUNCIL MEMBER SMITH):
Council Member Smith explained the reason for this agenda item. The existing ordinance makes it
almost impossible to regulate as written. After further discussion, Chief Miller will research this item and
get back to the Council at the next meeting.
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 OCTOBER 19, 1999
B. MINUTES DATED NOVEMBER 5, 1999
Council Member Edstrom made the motion to remove the minutes of November 5, 1999. Council
Member Tweedie seconded; motion passed unanimously. Minutes need to state that Council Member
Smith was absent at this meeting. Motion passed by a vote of four to zero with Mayor Pro Tem Brewster,
Council Members Edstrom, Matthai and Tweedie voting for and Council Member Smith abstaining.
Council Member Edstrom moved to approve the consent agenda. Council Member Tweedie seconded;
motion passed unanimously.
REPORTS AND COMMENTS
A. COMMITTEES
PUBLIC WORKS COMMITTEE - NESTOR KARLIS, CHAIRMAN
PARKS AND RECREATION- BILLY HUGHES — CHAIRMAN
INFORMATION SER VICES/INFORMATION TECHNOLOGY COMM.
- BETH ANN GREGORY/LINN BROWN — CO-CHAIRMEN
ECONOMIC DEVELOPMENT CORPORATION
- TERRY CHRISTLIEB - CHAIRPERSON
PUBLIC RELATIONS COMMITTEE - PAM IRWIN, CHAIRMAN
Pam reported on the three projects the Public Relations Committee is working on at this time.
They are the time capsule installation, the tree lighting , and the clock tower dedication.
PLANNING AND ZONING COMMISSION -
-MIKE HAMPER, CHAIRMAN
PAGE 9 WORKSHOP/REGULAR MEETING MINUTES NOVEMBER 16, 1999
ZONING BOARD OF ADJUSTMENTS - PEARL FORD, CHAIRMAN
Pearl Ford met with Mike Hamper and reported that the Zoning Board of Adjustment and the
Planning and Zoning Committee are scheduling a joint meeting to make sure there are no
conflicts between the two boards. The Mayor requested that guidelines be developed as to what
items go the Zoning Board of Adjustments and which items go to the Planning and Zoning
Commission
EMERGENCY MANAGEMENT COMMITTEE
- EDWIN "COTTON" MOORE, CHAIRMAN
UTILITY FRANCHISE TASK FORCE -
- RICHARD HOBDAY, CHAIRMAN
B. COUNCIL
Mayor Pro Tem Brewster thanked Pearl Ford for helping out with budget discussion earlier tonight.
Secondly, Mayor Pro Tem Brewster is requesting an agenda item to considering changing the Utility
Franchise Taskforce from a task force status to a standing committee.
Council Member Tweedie reported on Teen Court.
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.
CAUSE NO. 99-10759-16
JANICE LOWRY-BROWN VS. JEFFREY ANDREW DICKSON AND
THE CITY OF TROPHY CLUB
Tiffany Haertling, Town Attorney, explained that there is no need for an Executive Session this evening.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
EXECUTIVE SESSION.
A. CAUSE NO. 99-10759-16
JANICE LOWRY-BROWN VS. JEFFREY ANDREW DICKSON AND
THE CITY OF TROPHY CLUB
No action taken.
PAGE 10 WORKSHOP/REGULAR MEETING MINUTES NOVEMBER 16, 1999
ADJOURN:
Mayor Pro Tern Brewster moved to adjourn at 12:10 a.m. Council Member Edstrorn seconded; motion
passe6 unanimously.
Mayor,�Town of Trophy CIA, Texas
Town Secretary, Tn of Trophy Club, TX
M I I 1699jh