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Minutes TC 04/02/2001MINUTES OF WORKSHOP AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB APRIL 2, 2001 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in Workshop and Regular Session on Monday, April 2, 2001. The meeting was held within the boundaries of the Town and was open to the public. WORKSHOP SESSION TOWN COUNCIL MEMBERS PRESENT: Susan Edstrotn Mayor Pro Tem Barry Huizenga Council Member Bill Matthai Council Member Scott Smith Council Member Barb Tweedie Council Member TOWN COUNCIL MEMBERS ABSENT: Marshall Engelbeck STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Paul Rosenberger Sherry Gcarner Gaye Scudder Mayor Town Manager Town Secretary Asst. to Town/MUD Managers Government Representative, Charter Communications Director of Operations, Charter Communications CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Pro Tem Edstrom called the Workshop to order at 6:33 p.m., noting a quorum was present. TOWN COUNCIL TO HEAR A PRESENTATION FROM CHARTER COMMUNICATIONS IN REGARD TO THE FINDINGS OF THE UTILITY FRANCHISE COMMITTEE'S CABLE SERVICES REPORT. Sherry Gearner and Gaye Scudder came before the Council to provide their response to the Utility Franchise Committee's cable survey report. Sherry Gearner reported that the special phone number to bury unburied cable lines had been successful. Six lines had been reported and all six were buried. Sherry also reviewed several other services that have been improved. After this brief report Sherry and Gaye entertained questions from the Council. Council Member Matthai questioned Charter about the cable boxes and the necessity of these boxes. Specific questions revolved about what kind of television is required to avoid the cable box. Charter replied that televisions that have been bought in the past few years arc "cable ready." Additionally, Charter does not require a box if the customer uses analog basic or expanded basic service. Council Member Matthm wants residents to feel that their concerns are being addressed regarding this matter. Council Member Matthai is concerned that some customers still require the box. Council Member Huizenga commented that Charter is required to be a member of "Texas One Call System" and wanted to know what was being done to prevent outages for line cuts. Council Member Smith commented on the channel realignment and poor quality. A discussion surfaced in regard to the outages per 1,000 customers. Page 2 WORKSHOP AND REGULAR SESSION April 2, 2001 Trophy Club's outages were the highest of any city compared. Sherry Gearner reported that Charter had not completed their study on the cause of Trophy Club's outages. She mentioned that Charter would be doing further studies. Council Member Smith's questions were in regard to Charter performing signal quality requirement tests? Were they ran in Trophy Club? Charter replied that they have conducted signal quality requirements, but not in Trophy Club. Charter announced that they realigned the channels to comply with FCC regulations. Council Member Smith questioned if we could have a signal quality test. Council Member Tweedie asked how does a customer know when they have a cable ready television? Charter reported that most televisions available on the market are cable ready. Council Member Tweedie remarked on her cable service; she mentioned that she has been without service for two weeks. Charter commented that they would contact her to fix the problem. Mayor Pro Tem Edstrom asked how many cable boxes have been returned. Council Member Matthai went back to customer service and the customer response card to see if customers are satisfied with service. Charter expressed an interest in his idea. Additionally, Council Member Matthai mentioned that the Fort Worth agreement has strict standards and high penalties. Would Charter be willing to comply with the Forth Worth standards in Trophy Club? Sherry Gearner advised that Charter was willing to do so. These questions will be packaged and sent to Charter for a response. Dick Hobday would like to pool questions and send to Sherry Gearner. Dick commented, two years ago we thought and still think we have customer service problems and we are hearing that Charter believes that we do not have significant problems. The survey seemed to indicate in favor of the Town's position. /�11 ILIIi1 �7��r�Y1] �7 �fys[II�.`I1Y.YG]rl. Mayor Pro Tem Edstrom adjourned the Workshop at 7:33 p.m. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Susan Edstrom Mayor Pro Tem Barry Huizenga Council Member Bill Matthai Council Member Scott Smith Council Member Barb Tweedie Council Member TOWN COUNCIL MEMBERS ABSENT: Marshall Engelbeck Mayor STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Jim Buxton Finance Director Bill LeGrand Director of Public Works Paul Rosenberger Asst. to Town/MUD Managers Randy Briggs DPS Lieutenant Patricia Adams Town Attorney Kerin Fleck Planning and Zoning Coordinator Gene Hill Planning and Zoning Chairman CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Pro Tem Edstrom called the Regular Meeting to order at 7:39 p.m., noting a quorum was present Page 3 WORKSHOP AND REGULAR SESSION April 2, 2001 INVOCATION: Council Member Huizenga gave the invocation PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mr. Bill LeGrand 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 PRESENTATIONS MADE TO THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATIONS ON SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS. There were no presentations. REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT). A. ECONOMIC DEVELOPMENT CORPORATION —JAMES HICKS B. PUBLIC RELATIONS COMMITTEE — JODI ASHBY, CHAIRMAN C. PUBLIC WORKS COMMITTEE— NESTOR KARLIS, CHAIRMAN D. PARKS & RECREATION COMMITTEE —BILLY HUGHES, CHAIRMAN E. UTILITY FRANCHISE COMMITTEE —RICHARD HOBDAY, CHAIRMAN ECONOMIC DEVELOPMENT CORPORATION — JAMES HICKS Council Member Smith shared that the EDC will be touring Fidelity nest Monday and is looking for requests for funds. The EDC will be funding the Chamber of Commerce Job Fair at Fidelity. PUBLIC RELATIONS COMMITTEE — JODI ASHBY, CHAIRMAN Co -Chairman Carol Brown shared some of the activities that the Public Relations Committee is sponsoring. The Arbor Day Celebration will take place on Friday, April 27'i at Harmony Park. The Committee will also be involved with the Chamber of Commerce Job Fair at Fidelity. The July 4's committee is looking for funding and Team Trophy Club Day will be celebrated in October. The Committee is also looking into the possibility of a New Year's Eve Celebration. PUBLIC WORKS COMMITTEE — NESTOR KARLIS, CHAIRMAN Chairman Nestor Karlis reported on the recycling survey and hazardous materials, cost per month is $1.75 for the recycling and the hazardous materials cost will be $20. Tom Thumb will sell recycling bags that will be clear with an emblem. Mr. Karlis also reported that the surveyors are working on Trophy Club Drive, preparing for road repairs. PARKS & RECREATION COMMITTEE — BILLY HUGHES, CHAIRMAN Paul Rosenberger shared that the Parks and Recreation Committee met and solicited input from residents on the corps property, land being surveyed by Teague Nall & Perkins. The Committee is working on a placement of the park amenities, went to Corinth to see the Hoover & Kline designed park that opened today. Mr. Rosenberger will email directions to the Council for the location of the park in Corinth. UTILITY FRANCHISE COMMITTEE — RICHARD HOBDAY, CHAIRMAN Chairman Dick Hobday shared that the Rights of Way Ordinance will come to the Council in the nest month. Tonight's workshop made a significant move in the customer service direction. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, SUPPORTING HOUSE BILL 3400 ALLOWING CITIZENS RESIDING IN TOWNS WITHIN THE BOUNDARIES OF MORE THAN ONE COUNTY WITH A POPULATION GREATER THAN 4,800, BUT LESS THAN 9,000, THE RIGHT TO VOTE IN A LOCAL OPTION ELECTION; SUBMITTING A COPY OF THIS SUPPORTING RESOLUTION TO THE HOUSE: AND PROVIDING AN EFFECTIVE DATE. Page 4 WORKSHOP AND REGULAR SESSION April 2, 2001 This agenda item was addressed in a Special Meeting on the morning of April 2nd 2001 TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING CITIZENS TO TWO (2) SEATS ON THE PUBLIC RELATIONS COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. A. PAUL STEPHENS B. MICHAEL PARIS Council Member Matthai made a motion to adopt the Resolution as written. Council Member Smith seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING A CITIZEN TO ONE (1) SEAT ON THE EDITORIAL REVIEW BOARD FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. A. LIZ SHANKS Council Member Smith made a motion to adopt the resolution as written. Council Member Matthai seconded Council Member Tweedie questioned the "registered voter" status of the appointee. The Editorial Review Board is not a recommending body like Planning and Zoning and the Zoning Board of Adjustment. Donna Welsh shared that the Council could waive this stipulation and that the Committee Handbook could be changed to reflect this at the next Council meeting. Editorial Review Board Chairman Gene Hill asked that Ms. Shanks be appointed to the Board. Council Member Smith amended his motion to approve the Resolution to allow an appropriate waiver. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FOR A WAIVER TO FENCE ORDINANCE 2000-17, AT 44 CREEKSIDE DRIVE, LOT 5, BLOCK 13 (i4 THE LAKES, (APPLICANT: ED GRANDINETH.) Council Member Huizenga made a motion to bring this item to the floor. Council Member Tweedie seconded; motion carried unanimously. Commissioner Hill explained that construction has not begun on the home on the lot, the original fence application was denied. The Planning and Zoning Commission had a tie vote regarding this manner, so it failed due to lack of support from the Planning and Zoning Commission. In addition, Commissioner Hill explained that if a pool is built it would have to be within the build line. Mr. Ed Grandineth of 102 Silver Rock Drive addressed the Council. Council Member Tweedic made a motion to deny the waiver. Council Member Matthai seconded; motion carried unanimously. 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 MARCH 19, 2001 B. FINANCIALS DATED FEBRUARY 28, 2001 Council Member Tweedie made a motion to remove the minutes dated March 19, 2001 from the consent agenda. Council Member Huizenga seconded; motion carried unanimously. Page 5 WORKSHOP AND REGULAR SESSION April 2, 2001 Council Member Huizenga made a motion to approve the minutes as amended. Council Member Matthai seconded; motion carried unanimously. Minutes of March 19, 2001 were amended as follows: Page 7, paragraph 4 now reads: Council Member Smith introduced this item, stating that the MUDS asked him to bring this to the Council. Currently the MUDS have no jurisdiction in the area of the road and they have no guarantee to service this area. Dean Henry, President of MUD 1, explained that if we want to expand services, we would be spending money in an area and we have no assurances that the area would be in our MUD district. Page 7, paragraph 5 now reads: Donna Welsh explained that to build the roadway utilities could be added later there is nothing platted and no service to that area is required at this time. Bill LeGrand explained that we are in design of option A. Cathy Morgas explained that going with option B with developer, the developer should pay all costs. Donna Welsh added that the school was required to put in a 12-incli line. Page 7, paragraph 10 now reads: Dean Henry reported that there are two options 1) the developer must request annexation and 2) the MUD can request from TNRCC a Certificate of Convenience and Necessity (CCN). Council Member Tweedie made a motion to approve the financials dated February 28, 2001 as written. Council Member Matthai seconded; motion carried unanimously. REPORTS AND COMMENTS A. STAFF Bill LeGrand reported that the east entrance will remain open for a while. The closing will be delayed 60 — 90 days, until Dove Road is completed. Estimates for street repairs will be back to the Council shortly, first phase will be let in June and awarded late June or early July. Jim Buxton reported that the finance department is working on budget preparation. Lt. Briggs gave reported that Chief Miller is doing well and Chief Tucker had a shunt installed today. Diane Cockrell thanked Bill LeGrand for having a work crew clean up glass at the Trophy Club Drive and Indian Creek Drive intersection last Friday after 5 p.m. Donna Welsh reported that she will be attending a meeting regarding 1938 on April 11". She also complimented the DPS for their handling of the race traffic. B. COUNCIL MEMBERS Council Member Smith reported that the Master District will be meeting Wednesday, April 4". He thanked Dick Hobday for Charter response and welcomed Liz Shanks to the Editorial Review Board. Mayor Pro Tem Edstrom announced that Congressman Dick Armey would be at Medlin Middle School April 9°i at 7:00 p.m. Page 6 WORKSHOP AND REGULAR SESSION April 2, 2001 ADJOURN Council Member Matthai made a motion to adjourn at 8:30 p.m. Council Member Tweedie seconded; motion carried unanimously. Mayor, Town of Trophy Club, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas