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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