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Minutes TC 01/15/2001MINUTES OF THE REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB JANUARY 15, 2001 STATE OF TEXAS C41111JelWK812171RY 0191 The Town Council of the Town of Trophy Club, Texas met in Regular Session on Monday, January 15, 2001. The meeting was held within the boundaries of the Town and was open to the public. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Marshall Engelbeck Susan Edstrom Barry Huizenga Bill Matthai Scott Smith Barb Tweedie STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Cathy Morgas Jim Buxton Bill LeGrand Paul Rosenberger David Miller Patricia Adams Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary District Manager Arrived at 8:10 p. in. Finance Director Asst. Director of Public Works Asst. to Town/MUD Managers Director of DPS Town Attorney CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the Regular Meeting to order at 7:31 p.m. INVOCATION: Chief Miller gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mr. Conrad Stayton 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. Mr. Jeff Janak of 5 Greenleaf Drive and Mr. Michael Murray of 3 Parkway Court addressed the Council. Page 2 REGULAR SESSION January 15, 2001 REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT). A. EDITORIAL REVIEW BOARD —GENE HILL I3. PLANNING & ZONING COMMISSION- GENE HILL C INFORMATION TECHNOLOGY—JIMBEST D. WAYS AND MEANS COMMITTEE— DAVID NEAL E. COMMISSIONER'S COURT REPORT —BILL LEWIS EDITORIAL REVIEW BOARD — GENE HILL Mr. Gene Hill reported that today was the deadline for the February I" edition. He also expects to continue to distribute a quality product. PLANNING & ZONING COMMISSION- GENE HILL Mr. Gene Hill stated that the Planning & Zoning Commission would be having a VoiceStream Public Hearing on January 25�. A request for banners to be place on the light poles at The Plaza shopping center is also on the Planning & Zoning Commission's Agenda for January 25"'. The Commission will also be holding a Public Hearing on February I" asking for an extension of operational hours and signage regulations for The Village. The Commission is also working on the acquisition of Corp's Property. INFORMATION TECHNOLOGY—JIM BEST Council Member Matthai stated that the Information Technology Committee is continuing their work on the website. The Committee is also working with committees for mission statements and committee members. WAYS AND MEANS COMMITTEE — DAVID NEAL Mr. David Neal deferred to presentation. COMMISSIONER'S COURT REPORT— BILL LEWIS No report given. TOWN COUNCIL TO OBSERVE A PRESENTATION BY KEITH SOCKWELL AND REPRESENTATIVES OF NORTHWEST ISD REGARDING BOND ELECTION SET FOR FEBRUARY 24, 2001. Mr. Keith Sockwell reported that the NW Community Partnership wants to prepare students in four critical areas: • Quality of Curriculum • Quality of Staff— Strategic plan is to recruit, train and retain • Communication and involvement of parents • District will grow by 3, 000 students in the next five years. Mr. Bob Martin of NW Community Partnership addressed the Council and introduced a video that gives an overview of the Bond Program (five year plan). NISD projected to be the fastest growing school district. Safety and Technology will be addressed in the Bond Election. The Bond Election will take place on February 24, 2001 and is in the amount of $182.2 million. Mr. Bill Murphy also addressed the Council. He explained that the district is helping us to increase homeowners' interests to improve the district. Dr. Sockwell took questions and addressed safety and the renovation plan on a twenty-year cycle. Mayor Engelbeck called for a five-minute break. The Council Meeting resumed at 8:52 p.m. TOWN COUNCIL TO DISCUSS QUESTIONS FROM THE JANUARY 2, 2001 TOWN COUNCIL MEETING REGARDING SERVICES CHARTER COMMUNICATIONS. Jeff Janak of 5 Greenleaf Drive addressed the Council Page 3 REGULAR SESSION January 15, 2001 Ms. Sherry Gearner, Representative from Charter Communications entertained questions. Council Member Matthai explained that two-way communication is very important to all concerned. He brought up burying cables, and to include notice to residents with unburied lines to call and they will bury cables. He also asked about variation in rales within the community. Ms. Gearner replied that each component is priced uniformly within the Town. Council Member Matthai voiced his concern with restructuring and the loss of customers. Dick Hobday, Chairman of the Utility Franchise Committee wants determination on whether or not analog service will continue to receive the same standard quality of service as digital. Ms. Gearner explained that Charter Communications does not have the luxury to give different service response to customers based on their type of service. Mr. Hobday commented that he does not want analog based customers to be forced to digital service because of the erosion of the analog service. Mr. Hobday highlighted that this is a high priced product. Third Quarter of 2000 had doubled the amount of disconnects from previous quarters. There were 129 connections, 109 disconnections, giving us a net connection of 20. Council Member Huizenga asked that customers call Charter for complaints, gripes and compliments. Mayor Pro Tem Edstrom expressed frustration for having to maintain a "box" for cable ready TV. Council Member Smith reiterated that customers call. He reported that he was on hold with Charter from 3S8 to 4:33. Council Member Smith stated how frustrating it is to be on hold for 35 minutes. Council Member Tweedie asked that any resident with a complaint be treated as a Council Member's complaint. Mayor Engelbeck stated that lie went through the automated telephone system trying to get a billing issue resolved. The telephone system did not allow him to be helped, it did not give the local number for billing issues. The Ways and Means Committee presentation was moved forward to be the next agenda item. TOWN COUNCIL TO OBSERVE A PRESENTATION BY THE WAYS AND MEANS COMMITTEE REGARDING THE TOWN FINANCIAL MODEL. Mr. David Neal distributed a three-page handout, an update from the previous financial model. Models have to change with growth and the timing of the new mall coming to Westlake. Mr. Neal started the presentation with basic projections. See Town of Trophy Club 2000/2001 Five Year Plan (handout). The cost of repair is out stripping the inflation rate. It would be cheaper to borrow the money than to make the repairs. Government Accounting Standards Board (GASB) - 34 will require cities in 2003 to make repairs for the useful life of the streets. GASB forces the fact that government entities address infrastructure depreciation, to prevent major street repairs all at once. This is to be maintained yearly on the average useful life. We will have to show in yearly audits what money is spent on infrastructure. Mr. Neal added that patching the streets will not add to the life of the road. TOWN COUNCIL TO OBSERVE A PRESENTATION BY PUBLIC WORKS COMMITTEE ON PROPOSED 2001 BOND STREET REPAIRS. Mr. Bill LeGrand introduced Gary Teague and Tom Rutledge of Teague Nall & Perkins and Nestor Karlis of the Public Works Committee. Mr. Tom Rutledge stated that they addressed the Council on August 15, 2000. The decision was made to go back to the Public Works Committee. On August 29'h they started walking the streets. The Committee looked at patches and reconstruction. Tonight's presentation is a road map of where we will go. The program gave a six- year overview, addressed major parts of Indian Creek and Trophy Club Drive, backing up to realistically look at the last three years. All costs given tonight are total reconstruction of areas addressed. Mr. Karlis stated that patchwork over a period of time does not last. Use the street maintenance fund. Page 4 REGULAR SESSION January 15, 2001 Town of Trophy Club Proposed Street Repairs For Years 2001-2003 Public Works Street Maintenance Program: • Implement maintenance program 2" quarter, 2001 • Maintain comprehensive street maintenance program • Plan, organize, control and implement timely street repairs • Conduct an annual review of streets to identify repairs • Effective use of street maintenance funds to minimize indebtness • Expedite emergency repairs in an effective manner • Implement GASB — 34 effective October 2003 Proposed Repairs 2001-2003 • Major thoroughfares • Residential streets • Joint and crack sealing • Slab repairs • Driveways — (ROW) • Curb repairs Proposed Funding for Street Repairs 2001-2003 COST ESTIMATES FOR PLAN (000's Omitted) 100,000 Summit Cove 248.900 FUNDING 2000 2001 2002 203 TOTALS BUDGET 372.00 222.00 ------ ------ 594.00 BONDS (06/01) 3000.00 ------ ------ ------ 3000.00 TOTALS 3372.00 222.00 ------ ------ 3594.00 Excludes Bond Interest Earned Proposed Street Repairs Cost Estimates 2001-2003 • MAJOR AREAS/BOND REPAIRS COST ESTIMATES FOR PLAN Joint & crack sealing 100,000 Summit Cove 248.900 Trophy Club Drive 691,400 Indian Creek Drive 1,481,800 Brookhollow Lane 204,100 Brookhollow Court 88,000 TOTAL BOND REPAIRS $ 2,814,200 • GENERAL FUND / CURB & STREET REPAIR Curbs Driveways Slab repairs (19 streets) Total curb & street repair Total funding Planned Slab Repairs 2001-2003 • Village Trail • Trophy Lake Drive • Trophy Club Drive • Avenue Twenty • Greenbriar Court • Hill Court • Brookhollow Lane • Pin Oak Court • Woodlands Court • Timberline Court $ 372,000 $ 3,594,000 • Oak Hill Drive • Edgemere Drive • Phoenix Drive • Pebble Beach Drive • Greenleaf Drive • Meadowbrook Lane • Forest Hill Drive • Inverness Drive • Indian Creek Drive Page 5 REGULAR SESSION January 15, 2001 Council Member Huizenga added that he thinks that patching can be effective to a certain extent. He explained that he, Bill LeGrand and Mr. Karlis recently discussed that they need to address the GASB — 34 to find a manageable amount to get over a hurdle over the next three years to give us the most bang for our buck. Exactly where do we need to go to get over the hurdle? What amount of bond money do we need to address? Mr. Neal said that no inflation numbers were addressed. There are nineteen streets that have been identified for repairs. Council Member Huizenga stated that four or five years ago the Public Works Committee said that we need to spend a half million dollars a year on our streets and we didn't do it. Council Member Huizenga also stated that: "We need to pull back the reins and we are behind the curve. Everybody in this room understands that but lets not do something imprudent and hasteful trying to get ahead of it — lets just get ahead of the darn thing and lets start doing prudently what we need to do." Drainage repair was address by Tom Rutledge and no drainage study has been done, so the MUD's job will be more difficult to price and prepare for the cost for replacement of drainage on street reconstruction. TOWN COUNCIL TO OBSERVE A PRESENTATION BY COUNCIL MEMBER SMITH EXPLAINING THE FINANCIAL MODEL PROVIDING STREET REPAIR FUNDING. Council Member Smith made a presentation regarding a financial model providing street repair funding. He began this year's budget and goes through the next eight years. This report assumed fifty new homes each year with a three percent increase in expenses and revenue each year. A copy of the document handed out at the meeting is attached to the Council Packet for this meeting. Mayor Pro Tem Edstrom made a motion to extend the Council Meeting past 11:00 p.m. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE SHORT BECK PROPERTIES.) Mr. Gene Hill explained that the short form plat for the dedication of the CIA recreation area is in compliance with the subdivision regulations. Mayor Pro Tem Edstrom made a motion to approve the short form plat for a 6 -acre tract of land zoned CR Commercial Recreation. Council Member Tweedie seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE ANNEXATION INTO MUD #2 OF A 6.000 ACRE TRACT OF LAND, LOCATED TO THE NORTH OF THE LAKES OF TROPHY CLUB EAST OF PARKVIEW DRIVE AND SOUTH OF MARSHALL CREEK ROAD, (APPLICANT: JOHN HARBIN, VICE PRESIDENT, BECK PROPERTIES.) Mr. Dave Robison requested the Council's approval. District Manager Cathy Morgas added that it was brought to MUD 2 as CIA Property with negotiations. Platting must be done to change title of ownership. If you approve annexation under the name of Beck Properties, it will be under CIA's name. May ask for more property to be annexed. Mayor Pro Tem Edstrom made a motion to approve the annexation into MUD 2 of a 6 -acre tract of land. Council Member Smith seconded; motion carried unanimously. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION. The Council convened into Executive Session at 11:08 p.m. Page 6 REGULAR SESSION January 15, 2001 EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTIONS 551.071-551.075, THE COUNCIL WILL ENTER INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING: A. CONSULTATIONS WITH ATTORNEY. TEX. GOV'T. CODE 551.071 1. PENDING LITIGATION - JANICE LOWRY-BROWN V. JEFFREY ANDREW DICKSON, ET. AL. CIVIL ACTION NO. 4:99CV267 TOWN COUNCIL TO CLOSE EXECUTIVE SESSION. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. The Council reconvened into Regular Session at 11:15 p.m. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION, PURSUANT TO THE TEXAS GOVERNMENT CODE SECTION 551.071. A. PENDING LITIGATION - JANICE LOWRY-BROWN V. CIVIL ACTION NO. 4:99CV267 The Council did not take any action. JEFFREY ANDREW DICKSON, ET. AL. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING CHANGING THE BANK ACCOUNT SIGNATURE CARD TO ADD JAMES L. BUXTON AS A CHECK SIGNATOR TO ALL CHECKING ACCOUNTS. Mr. Jim Buxton explained that he would only sign checks as a second signer, he would not be a preliminary signer and it would be noted on the bankcard. Mayor Pro Tem Edstrom made a motion to approve James L. Buxton as a check signator to all checking accounts. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND APPROVE MINUTES OF JANUARY 2, 2001 RECEPTION AND REGULAR TOWN COUNCIL MEETING. Mayor Pro Tem Edstrom made a motion to approve the minutes of January 2, 2001 as written. Council Member Matthai seconded; motion carried unanimously. REPORTS AND COMMENTS. A. STAFF Diane Cockrell informed the Council of the following Boards, Commissions, and Committees openings: Public Relations, Economic Development Corporation B, Parks and Recreation, Zoning Board of Adjustment and Utility Franchise Committee. Ms. Cockrell also informed the Council that the February 50' Council Meeting she would present an ordinance to call an election of May 5t° for Mayor and two Council Members. The filing period for candidacy is February 19`" through March 21". Patricia Adams informed the Council that she would be out of the office this Thursday, Friday and next Monday due to Jury Duty. Page 7 REGULAR SESSION January 15, 2001 Donna Welsh handed out a budget questionnaire, and informed the Council that Paul Rosenberger and Gene Hill attended a Corp of Engineers meeting. The Town will not have to make the environmental study of $40,000. B. COUNCIL MEMBERS Council Member Matthai reported that the Utility Franchise Committee is still plugging away. The Cable Survey will come to the Council in February. Council Member Smith asked about the CIA status and if the staff could put something on the website. Donna Welsh said that we may get a request form the CIA to take over the CIA at the CIA's request. Council Member Smith also reported that the Economic Development B has excellent candidates and to keep John Harbin in your prayers has his surgery is scheduled for Thursday. ADJOURN: Council Member Huizenga made a motion to adjourn at 11:27 p.m. Council Member Smith seconded, motion carried unanimously. Mayor, Town of Trophy Club, Texas ATTEST: Town Secretary own of Trophy Club, Texas