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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