Minutes TC 01/17/1995 - Joint SessionMINUTES OF JOINT SESSION
TOWN COUNCIL/MUNICIPAL UTILITY DISTRICTS ONE AND TWO/
NORTHWEST INDEPENDENT SCHOOL DISTRICT
TROPHY CLUB, TEXAS
JANUARY 17, 1995
THE STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in
a Joint Session with the Municipal Utility Districts One and
Two and Northwest Independent School District on Tuesday
January 17, 1995. The meeting was held within the boundaries
of the Town and was open to the Public.
Council Members Present:
James P. Carter Mayor
Marshall Engelbeck Councilmember
Doug Glaspell Councilmember
Gene Hill Mayor Pro Tem
Cotton Moore Councilmember
Patti Stoltz Councilmember
Municipal Utility District One Board Members Present:
Constance White
T.A. Neidenberger
Susan H. McCabe
R. Peter Reincke, Jr.
John V. Peters
President
Vice -President
Secretary/Treasurer
Director
Director
Municipal Utility District Two Board Members Present:
James C. Thomas President
Louis R. Opipare, Jr. Vice -President
David Schell Secretary/Treasurer
Mark D. Chambers, Jr. Assistant Vice -President
James Budarf Assistant Secretary/Treasurer
Northwest Independent School District Members Present:
Bill Wolston
Edward Tweedie
Superintendent
Director
Because the School board lacked a quorum, the representatives
sat with the general public.
Staff Members and Guests Present:
Roger Unger District Manager, M.U.D.
Donna Welsh Town Manager
Page 2, Joint Meeting/Town Council/M.U.D. 1 and 2
Bob West
John Hill
Jim Buxton
Jack Jacobs
David Miller
Pauline Shaw
Bill LeQrand
Cathy Morgaa
Karen 8adri
Diane Cockrell
Barbara Allen
Julie Chambers
Steven A. Edmiston
Tab Beall
Bonnie Jacobs
Hep BaQQatt
JOINT SESSION:
CALL TO ORDER
Attorney, M.U.D. One
Town Attorney/ M.U.D. Two
Town Auditor
Town Treasurer
Interim Police Chief
Planning & Zoning Administrator
Director of Public Works
Recording Secretary, M.U.D.
Town Secretary
Town Court Administrator
Town Court Clerk
Town E'M.S., Lieutenant
Tax Attorney" Perdue, Brandon,
Fiedler, Collins & Mott, L.L.P.
Tax Attorney, Perdue, Brandon,
Fiedler, Collins & Mott, L.L.P.
Chairperson of Public Safety
Committee
Vice -President, Beck
Properties, Inc.
Mayor Carter called the meeting to order at 7:00 p.m. noting
ea quorum was present. He then welcomed Councilmembere, Board
Directors, guests, and staff.
INVOCATION
An Invocation was given by Edwin "Cotton" Moore.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS
The pledge of allegiance to the American and Texas Flags was
led by Interim Chief of Police, David Miller.
President White called the M.U.D. One meeting to order at
7:02 p.m' noting a quorum was present.
James C. Thomas, President of M.U.D. Two, then called that
session to order noting a quorum was present.
CLOSED SESSION: TOWN COUNCIL, MUNICIPAL UTILITY DISTRICTS
ONE AND TWO, AND NORTHWEST INDEPENDENT SCHOOL DISTRICT TO
CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH CHAPTER 551"
GOVERNMENT CODE, VERNON'S TEXAS CODES, ANNOTATED (OPEN
MEETINGS LAW), SECTION 551-071 LEGAL.
Page 3, Joint Meeting/Town Council/M.U.D. I and 2
A. TO CONSULT WITH AND SEEK THE ADVICE OF THE TOWN'S
ATTORNEY CONCERNING THE COLLECTION OF DELINQUENT
TAXES WITH REGARD TO THE BANKRUPTCY FILED BY
INDEPENDENT AMERICAN DEVELOPMENT CORPORATION (CASE
NO. 89-42160-A, EASTERN DISTRICT OF TEXAS)
The closed -door session convened at 7:04 p.m. with
Mayor Carter requesting the School Board representatives to
remain in attendance. Tab Beall, Tax Attorney for Perdue,
Brandon, Fiedler, Collins & Mott, L.L.P., included an
historical summary of the bankruptcy case with the firm's
recommendation regarding the collection of delinquent taxes.
RECONVENE INTO OPEN SESSION: TOWN COUNCIL, MUNICIPAL
DISTRICTS ONE AND TWO, AND NORTHWEST INDEPENDENT SCHOOL
DISTRICT TO DISCUSS THE COLLECTION OF DELINQUENT TAXES WITH
REGARD TO THE BANKRUPTCY FILED BY INDEPENDENT AMERICAN
DEVELOPMENT CORPORATION (CASE NO. 89-42160-A, EASTERN
DISTRICT OF TEXAS), AND TAKE APPROPRIATE ACTION.
The open session reconvened at 7:30 p.m. Mayor Pro Tem Hill
then made a motion to approve the tax attorneys'
recommendation to accept the cash settlement and cease any
further court proceedings. Councilmember Stoltz seconded;
motion passed unanimously. Both M.U.D.'s and the School
District favored this decision.
TOWN COUNCIL TO RECESS OUR OF JOINT MEETING AND CONVENE INTO
REGULAR SESSION.
Presidents' White and Thomas adjourned the joint meeting at
7:32 p.m. for the Town Council to convene into regular
session.
REGULAR SESSION AGENDA:
At this time the Mayor requested that agenda items 17 and 18
be ordered with the return to item 7.
CLOSED SESSION.. TOWN COUNCIL TO CONDUCT A CLOSED -DOOR SESSION
IN ACCORDANCE WITH CHAPTER 551, GOVERNMENT CODE, VERNON'S
TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW), SECTION 551.074
PERSONNEL.
A. TO DELIBERATE THE EMPLOYMENT AND DUTIES OF EMPLOYEES
IN THE PUBLIC WORKS, POLICE, AND E.M.S. DEPARTMENTS.
Town Council convened into closed -door session at
7:33 to consider the employment of a Public Works Director,
part-time police officers, and part-time E.M.S. co-ordinator.
Page 4, Joint Meeting/Town Council/M.U.D. 1 and 2
RECONVENE INTO OPEN SESSION: TOWN COUNCIL TO DISCUSS
EMPLOYMENT AND DUTIES OF EMPLOYEES IN THE PUBLIC WORKS,
POLICE, AND E.M.S. DEPARTMENTS.
Town Council reconvened into open session at 7:56 without
taking action on article A of the closed -door session.
Before returning to agenda item 7, Mayor Pro Tem Hill made a
motion to amend the approved tax motion by including the
stipulation that the monies be applied to the base tax levy
with any surplus applied to penalties and interest. Council
member Stoltz again seconded; motion passed unanimously.
E.M.S. LIEUTENANT, JULIE CHAMBERS, TO GIVE E.M.S. AND FIRE
DEPARTMENT MONTHLY ACTIVITY REPORTS.
Lieutenant Chambers reported that the 22 December and January
runs were higher numbers of runs than previous months due to
our mutual aid agreements. The departments completed 289
runs in 1994.
MAYOR JAMES CARTER TO ADMINISTER THE OATH OF OFFICE TO DAVID
MILLER, INTERIM POLICE CHIEF, DIANE COCKRELL AND BARBARA
ALLEN, MUNICIPAL COURT CLERKS.
After administering the oath of office in unison, Mayor
Carter congratulated each employee and signed their
individual oaths.
MR. JAMES L. BUXTON, C.P.A., TO PRESENT THE AUDIT FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1994.
Town Auditor Buxton reminded the Council that the Town of
Trophy Club is $ 2.2 million growing corporation. At the end
of fiscal year the reserves held over 3 month's of operating
funds which is needed as the Town continues to develop. He
emphasized that TexPool is a solid financial institution that
meets our current needs. His recommendation was to tighten
internal controls regarding the court and police ticket
issuances.
As there were no questions, Mayor Pro Tem Hill made a motion
to approve the 1993-1994 fiscal year audit as presented.
Councilmember Glaspell seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN OF TROPHY
CLUB, TEXAS APPROVING AND ADOPTING AN AGREEMENT BY AND
BETWEEN THE TOWN AND BECK PROPERTIES, INC. FOR THE USE OF A
WATER LINE ALONG TROPHY CLUB DRIVE BY BECK PROPERTIES, INC.
FOR IRRIGATION PURPOSES; AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE TOWN; PROVIDING AN EFFECTIVE DATE.
Page 5, Joint Meeting/Town Council/M.U.D. I and 2
Mayor Carter reminded the Council that this resolution was
tabled from December's agenda in order for the Beck
Properties, Inc. attorneys to review it. Also, this is the
water line tied into the Club at Trophy Club.
As there was little discussion, Mayor Pro Tem Hill made a
motion to approve and adopt this resolution. Councilmember
Moore seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS ALTERNATIVES TO FIRE DEPARTMENT
CONSTRUCTION EXPANSION.
Mayor Carter recognized Bonnie Jacobs, Chairperson of the
Public Safety Committee, who was in attendance to show
support of the project.
Both Interim Chief of Police Miller and Public Works Director
LeGrand reported the following:
* expansion and remodeling of the current offices
* were cost prohibitive
* A.D.A. and police department security standards
couldn't be met
* the department would out grow the expansion in 2
years
* lack of parking for citizens
* lack of privacy/confidentiality for both citizens
and officers
Interim Chief Police Miller asked the support and permission
to research the cost of a new stand alone building for the
Police Department.
Mayor Pro Tem Hill supported the project and wanted bottom
line numbers to be considered from current funds.
Councilmember Glaspell questioned the single purpose of the
building. He felt that a multi-purpose building would fit
future development needs.
Councilmember Moore favored further investigation.
Councilmember Stoltz wanted the issue of who owns the land be
settled before researching the cost.
Town Attorney Hill suggested a long term lease agreement with
no set number of years.
Councilmember Engelbeck expressed serious concerns for this
project. He emphasized that a master plan is needed before
starting any major projects. Also, the timing is bad in
Page 6, Joint Meeting/Town Council/M.U.D. I and 2
consideration of the recently passed bond for street repair.
It doesn't give the perception of the Town being fiscally
responsible.
The Mayor agreed that these were sound concerns and issues
but reminded the Council that the Police and Public Works
Departments only want to do research at this time. With that
in mind Mayor Pro Tem Hill then made a motion to permit a
study of cost data for housing for the Police Department.
Councilmember Glaspell seconded; motion passed unanimously.
CONSENT AGENDA
Councilmember Engelbeck requested that item A be removed from
the consent agenda.
Mayor Pro Tem Hill then made a motion to approve items B, C,
and D. Councilmember Stoltz seconded; motion passed
unanimously. Councilmember Moore abstained because he did
not attend the last meeting.
Councilmember Engelbeck returned to item A asking where was
the attachment of questions and answers regarding the
financial administration of the bond project. He was
informed they are usually attached to the original minutes in
the minute book. In the future copies will be included with
the packet information.
Councilmember Engelbeck then made a motion to approve item A.
Councilmember Glaspell seconded; motion passed unanimously
with Coucilmember Moore again abstaining.
The approved items are as follows:
A. Minutes of the December 6, 1994 Regular Town Council
Meeting
B. Financial reports ending November 30. 1994
C. Financial reports ending December 31, 1994
D. Town Council to consider a resolution of the Town of
Trophy Club, Texas approving and adopting the
continuation of an animal care contract by and
between the Town and Jasper Hayes, wherein Jasper
Hayes agrees to provide temporary shelter services
for animals; authorizing the Mayor to execute the
contract; providing an effective date.
Page 7, Joint Meeting/Town Council/M.U.D. I and 2
STAFF AND COMMITTEE REPORTS
Bonnie Jacobs, Chairperson of the Public Safety Committee,
informed the Council that the committee recommends a new
police building.
Public Works Director LeGrand reported that advertising
starts Tuesday for bids to be opened on February 7, 1995
regarding the street repair. Also, Teague, Nall & Perkins
would start the new design of the front entrance.
Interim Police Chief Miller said the Police Department is
redefining the current programs and projects for best
utilization.
Planning and Zoning Administrator, Ms. Pauline Shaw,
informed the Council that the overall signage plan is being
updated.
Town Manager Welsh reported that the land owner of the East
Entrance has not responded to our notifications and that his
attorney is being copied all paperwork.
PRESENTATIONS BY COUNCIL
Councilmember Engelbeck still received citizen complaints
about Harron Cable's poor service. He requested a company
representative attend next month's meeting.
Councilmember Stoltz reported that the 10th anniversary
celebration will be in the Spring to enable the entire Town
to participate.
Mayor Pro Tem Hill stated that the Finance Committee's next
meeting would begin organizing information to develop a five
year plan. He encouraged input from the Council and any
other sources.
Councilmember Glaspell suggested that the satellite dish
ordinance be updated to accommodate the newer and smaller
products.
Councilmember Moore told the Council that he'll be returning
to Houston for another month to help with the flooding
problem.
PRESENTATIONS BY CITIZENS
No citizens gave presentations.
Page 8, Joint Meeting/Town Council/M.U.D. 1 and 2
A D J 0 U R IN
Mayor Pro Tem Hill made a motion to adjourn the meeting at
8:57 p.m. and to meet again on Tuesday, February 21, 1995.
Council Member Glaspell seconded; motion passed unanimously.
M"—R
TOWN SECRETARY