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Minutes TC 02/01/2000MINUTES OF THE REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB FEBRUARY 1, 2000 COUNCIL MEMBERS PRESENT: Marshall Engelbeck Ben Brewster Susan Edstrom Bill Matthai Barb Tweedie COUNCIL MEMBERS ABSENT: Scott Smith STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Jerri Hill David Miller Cathy Morgas Lou Opipare Jim Buxton Bill LeGrand Roger Unger Lance Vanzandt AGENDA Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Administrative Assistant Director of Public Safety Planning Director Asst. Director of Public Safety Finance Director Asst. Public Works Director 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: David Miller gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Jim Buxton 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: Page 2 Regular Town Council Meeting February 1, 2000 No citizen presentations at this time. REPORTS FROM COMMITTEES: INFORMATION SYSTEMS-INFORMATION TECHNOLOGY—BETH ANN GREGORY/LINN BROWN — CO-CHAIRMEN Beth Ann Gregory and Wanda Brewster gave a presentation on the prog ess of the Trophy Club Web page. UTILITY FRANCHISE COMMITTEE — RICHARD HOBDAY, CHAIRMAN Richard Hobday, Chairman, gave a report on the Utility Franchise Committee. A handout was presented to each Council Member. The Committee is seeking another member for their committee who has experience in electrical utilities. PLANNING AND ZONING — MIKE HAMPER No report as chairman was not present. ZONING BOARD OFADJUSTMENTS— PEARL FORD Pearl Ford, Chairman, updated the Council on the process of calling a Zoning Board of Adjustments' meeting. WAYS AND MEANS COMMITTEE — DAVID NEAL David Neal, Chairman, updated the Council regarding the status of this Committee. PRESENTATIONS/RECOGNITIONS: A. MAYOR ENGELBECK TO PROCLAIM FEBRUARY 7-11, 2000 AS SCHOOL COUNSELING WEEK. Mayor Engelbeck read the proclamation proclaiming February 7-11, 2000 as School Counseling Week. Council Member Matthai made the motion to approve the proclamation; Council Member Tweedie seconded. The motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON GRANTING A WAIVER TO ALLOW AN INCREASE IN FENCE HEIGHT FOR RESIDENTS ALONG THE MOST WESTERN BOUNDARY OF TROPHY CLUB FACING MCKENZIE DRIVE, BLOCK A, LOTS 31 TO 40: Page 3 Regular Town Council Meeting February I, 2000 Cathy Morgas, Planning Director, asked the Council to remove this from the agenda. In order to make any changes to the height of the fence, this item needs to go before the ZBA for a variance, instead of a waiver from the Council. Mayor Engelbeck requested these two items to be included in the motion (1) encourage the ZBA to expedite the hearing, (2) waive the $100 fee for both parties in this matter. Council Member Edstrom made the motion as requested. Council Member Matthai seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING NOTICE OF TARIFF REVISIONS AND DELETIONS; APPROVING REVISED RATE SCIIEDULES FOR TXU ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE FOR REVISED AND DELETED TARIFFS; PROVIDING NOTICE TO CONSUMERS; PROVIDING REGULATORY POWERS AS ALLOWED BY LAW; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE: Ms. Harriet Gibbon, TXU Electric Company, explained this ordinance to the Council. Basically, TXU is asking for the revisions and deletions in order for the electric deregulation by December 31, 2001. After further discussion, Mayor Pro Tem Brewster tabled this to next meeting for the purpose of review by the Utility Franchise Committee. Council Member Tweedie second; motion passed unanimously. Mayor Pro Tem Brewster stated as a point of information that because this agenda item was tabled, it will be brought back at the next council meeting. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON APPROVAL OF AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING A SCHEDULE OF FEES FOR THE TOWN, INCLUDING FEES FOR BUILDING PERMITS, REVIEW OF PLANS, CERTIFICATE OF OCCUPANCY, REINSPECTION AND OTHER PUBLIC WORKS DEPARTMENT FEES, ELECTRICAL & MECHANICAL FEES, PERMIT ISSUANCE AND HEATERS, PLANNING AND ZONING FEES, FIRE DEPARTMENT FEES, ANIMAL CONTROL FEES, FIRE PLAN REVIEW FEES, POLICE DEPARTMENT FEES, HEALTH INSPECTION FEES, ADMINISTRATIVE FEES, FEES FOR COPIES OF TOWN ORDINANCES, RESOLUTIONS AND OTHER TOWN RECORDS AND DOCUMENTS; PROVIDING A PURPOSE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN APPLICATION CLAUSE; PROVIDING AN AMENDMENT CLAUSE; REPEALING ORDINANCE 2000-1; PROVIDING A SAVINGS CLAUSE; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A CUMULATIVE CLAUSE; AND PROVIDING AN EFFECTIVE DATE: Bill LeGrand, Assistant Public Works Director, explained the reason this ordinance was brought back to the Council for inclusion of the 5% developer fees. Mayor Pro Tem Brewster made the motion to approve the ordinance as written; Council Member Tweedie seconded. Motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON A RESOLUTION AUTHORIZING THE TROPHY CLUB/WESTLAKE DEPARTMENT OF PUBLIC SAFETY TO ENTER INTO A TEXPOOL PARTICIPATION AGREEMENT WITH THE COMPTROLLER OF PUBLIC ACCOUNTS; DESIGNATING AUTHORIZED REPRESENTATIVES; AND PROVIDING AN EFFECTIVE DATE: Page 4 Regular Town Council Meeting February 1, 2000 James Buxton, Finance Director, explained the procedures of opening an account with Texpool. Council Member Matthai moved to approve this resolution; Council Member Edstrom seconded. After further discussion, motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON A RESOLUTION GUARANTYING AN AMBULANCE NOTE BY THE TOWN OF TROPHY CLUB AND THE TOWN OF WESTLAKE FOR THE TROPHY CLUBIWESTLAKE DEPARTMENT OF PUBLIC SAFETY; PROVIDING AN EFFECTIVE DATE: Jim Buxton, Finance Director, turned this Agenda item over to Roger Unger, MUD Manger. Mr. Unger explained the purpose of this resolution. Mayor Pro Tem Brewster moved to approve the resolution with an effective date of February 2, 2000; Council Member Edstrom seconded. After further discussion, motion passed unanimously. TOWN COUNCIL TO OBSERVE A PRESENTATION BY GARY TEAGUE OF TEAGUE, NALL AND PERKINS ON AN UPDATE OF THE PRIORITY LIST OF STREET REHABILITATION NEEDS: Mr. Gary Teague, Teague Nall and Perkins, gave the Council an update on the list of street rehabilitation needs. A report was handed out to the Council that explains the update. After further discussion, no action taken. A copy of the Engineer's Opinion of Probable Cost for Year 2000 Bond Program — Street Improvements is attached to the official copy of the Council Agenda Packet. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO THE PARKS AND RECREATION COMMITTEE: A. FRANK MELENA B. PAULINE TWOMEY Mayor Pro Tem Brewster moved to approve the appointments. Council Member Tweedie seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO THE ECONOMIC DEVELOPMENT CORPORATION: A. DAVID GARLITZ Council Member Tweedie moved to approved the appointment. Council Member Matthai seconded; motion passed unanimously. Page 5 Regular Town Council Meeting February I, 2000 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 JANUARY 4, 2000 Mayor Pro Tem Brewster moved to approve the Consent Agenda. Council Member Matthai seconded the motion. Motion passed by a vote of three to zero with Council Member Tweedie abstaining. REPORTS AND COMMENTS: A. STAFF Roger Unger updated the Council on the trip to Austin as part of the Metroport Transportation Committee to continue to fund improvements along the Highway 114 corridor. Diane Cockrell, Town Secretary, reminded Council of the MUD and Staff breakfast, Thursday at 7:30 a.m. Ms. Cockrell also wanted to thank Kerin Fleck and Jerri Hill on their work on the reworking on the agenda forms. Lance Vanzandt gave an update on citizen presentations and staff comments and the Town is in compliance with the Attorney General's opinion. Bill LeGrand presented the Council a hand out from TxDot regarding highway 114 and Trophy Club. He also updated the Council on the status of the grant for the baseball fields. B. COUNCIL MEMBERS Council Member Edstrom reported on the July Fourth Celebration, Volunteer Appreciation Luncheon, and 2,000 Trees in 2,000. Council Member Tweedie asked about the Town Council retreat that will be held on Monday, February 7, 2000. Mayor Engelbeck informed everyone that applications are being excepted for vacancies on the Public Works Committee, the Information Services/Information Technology Committee and the Utility Franchise Committee. Page 6 Regular Town Council Meeting February 1, 2000 EXECUTIVE SESSION: PURSUANT TO THE TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, SECTIONS 551.071 TO 551.075 A. SECTION 551.071: DISCUSSION WITHA TTORNEYRELA TIVE TO PENDING OR CONTEMPLATED LITIGATION: CLOSING OF KIRKWOOD BOULEVARD BY CITY OF SOUTHLAKE 2. CAUSE NO. 99-10759-16 JANICE LOWRY-BROWN VS. JEFFREY ANDREW DICKSON AND THE CITY OF TROPHY CLUB 3. CAUSE NO. 99-40938-362 TIM GALLAGHER VS. THE TOWN OF TROPHY CLUB Convened into Executive at 10:16 p.m. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING EXECUTIVE SESSION: A. SECTION 551.071: DISCUSSION WITH ATTORNEY RELATIVE TO PENDING OR CONTEMPLATED LITIGATION: 1. CLOSING OF KIRKWOOD BOULEVARD BY CITY OF SOUTHLAKE 2. CAUSE NO. 99-10759-16 JANICE LOWRY-BROWN VS. JEFFREY ANDREW DICKSON AND THE CITY OF TROPHY CLUB 3. CAUSE NO. 99-40938-362 TIM GALLAGHER VS. THE TOWN OF TROPHY CLUB Reconvened into Regular session at 11:14 p.m. No action taken. Page 7 Regular Town Council Meeting February 1, 2000 ADJOURN: Council Member Edstrom moved to adjourn at 11:15 p.m.; Council Member Matthai seconded. Motion passed unanimously. Mayor, Town of Trophy Club, T xas Town Secretary, Town of Trophy Club, Texas M 02012000J H