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Minutes TC 08/19/1997MINUTES OF REGULAR TOWN COUNCIL MEETING TOWN OF TROPHY CLUB, TEXAS August 19, 1997 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a regular session Tuesday, August 19, 1997. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Marshall En(yelbeck Edwin "Ed" Decker Susan H. McCabe Doug Glaspell Kevin Carr STAFF AND GUESTS PRESENT: John HilI Donna Welsh Karen Sadri Bill LeGrand David Miller Roger Unger Al White Wally Funk Dave Robison Billy Hughes Pearl O. Ford Terry & Tony Bruno Kevin McCollough Bill Rose Gary Tomlin Laurie Acosta CALL TO ORDER: Mavor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Attorney Town Manager Town Secretary Director of Public Works Director of Public Safety Municipal Utility District Manager Chairperson, Home Rule Committee Resident, 243 Oak Hill Dr. Resident, 2 Crickett Ct. Resident, 216 Inverness Dr. Resident, 2 Spring Creek Ct. Resident, 2 Mesa Verde Ct. Resident, 1 Mesa Verde Ct. Resident, 219 Inverness Dr. Resident, 208 Fresh meadow Ct. Resident, 4 Michelle Ct. Mayor Carter called the meeting to order at 7:01 p.m., noting a quorum was present. He then welcomed Council Members, guests and staff. An Invocation was given by John Hill, Town Attorney. Page 2 Regular Session, Town Council, August 19, 1997 PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: The pledge of allegiance to the American and Texas Flags was led by Bill LeGrand, Director of Public Works. PRESENTATIONS BY CITIZENS: Wally Funk, 243 Oak Hill Dr., expressed her concerns surrounding the safety/security of the house at 241 Oak Hill Dr. Dave Robison, 2 Crickett Ct., expressed his opinions regarding the possibility of striping Trophy Club Drive and Indian Creek Drive. He reminded the Council that in the Comprehensive Land Use plan that these two streets are collector streets and that reducing them to one lane could cause major traffic problems now and in the future. Billy Hughes, 216 Inverness Dr., presented a handout regarding the Parks & Recreation Committee budget to the Council. He asked the Council to consider the information contained in the handout before making the final decision on the Parks & Recreation budget for fiscal year 1997-1998. The Parks & Recreation Committee's objective is to first improve the current parks in 1998 and to postpone expansion until 1999. Mr. Hughes and the Parks & Recreation Committee feel there are three specific areas to be addressed. ► Relocation/replacement of the playground equipment at Harmony Park. This has an estimated cost of $100,000.00. ► Expansion of the parking facilities at Harmony Park. This has an estimated cost of $30,000.00. Installation of an inexpensive irrigation system at the Lakeview practice fields. This has and estimated cost of $5,000.00. Mr. Hughes stated that the Parks & Recreation Committee is seriously concerned about the current park system and the park's state. They hope the Council shares these same concerns and supports their request for making minimal improvements for the 1997-1998 budget year. PRESENTATIONS BY CITIZENS: (cont.) Pearl O. Ford, 2 Spring Creek Ct., made a statement that she is concerned about the way the Council and the various committees have worked on the budget. She realizes the amount of time working on the budget entails but she still has concerns in two areas. ► Charging a fee for garbage collection. ► Charging a Franchise fee to the cable company. Ms. Ford `s suggestion to the Council is either adjust spending or raise taxes appropriately but do not pass these costs off as fees to the homeowners. "If you can't afford it don't do it." There were no committee reports. Page 3 Regular Session, Town Council, August 19, 1997 Bill LeGrand, Director of Public Works, reported to the Council that everything is on schedule as far as the construction contracts are concerned. Donna Welsh, Town Manager, reported she has the preliminary results of the survey and she would pass those out to Council at a later time. David Miller, DPS Director, reported on Police Department activity in the last 6 weeks. Chief Miller also reported the D.A.R.E. program will resume in January. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 93-06 GRANTING A CABLE TELEVISION FRANCHISE WITHIN THE TOWN BY AMENDING (1) SECTION 15 (FRANCHISE FEE) BY INCREASING THE FRANCHISE FEE PAYMENT FROM THREE PERCENT (3%) TO FIVE PERCENT (5%), AND (2) SECTION 24(D) (PUBLIC ACCESS CHANNELS BY CLARIFYING THE REQUIREMENT THAT A PUBLIC ACCESS CHANNEL SHALL BE RESERVED FOR TOWN USE WITHOUT CHARGE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE: Marcus Cable has requested an extension, until the September 16, 1997 Council meeting, for giving their presentation to the Council. This item was tabled in deference to that request. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A ONE YEAR RENEWAL (FROM OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 1998) OF AN INTERLOCAL AGREEMENT BETWEEN THE TOWN AND DENTON COUNTY FOR THE COLLECTION OF AD VALOREM TAXES WITHIN THE TOWN; AUTHORIZING THE MAYOR OF THE TOWN TO EXECUTE THOSE DOCUMENTS NECESSARY TO EFFECT THE SAID RENEWAL; PROVIDING AN EFFECTIVE DATE: Following discussion Council Member Glaspell moved to ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A ONE YEAR RENEWAL (FROM OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 1998) OF AN INTERLOCAL AGREEMENT BETWEEN THE TOWN AND DENTON COUNTY FOR THE COLLECTION OF AD VALOREM TAXES WITHIN THE TOWN; AUTHORIZING THE MAYOR OF THE TOWN TO EXECUTE THOSE DOCUMENTS NECESSARY TO EFFECT THE SAID RENEWAL; PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPOINTING ONE MEMBER OF THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; PROVIDING AN EFFECTIVE DATE: Page 4 Regular Session, Town Council, August 19, 1997 Mayor Carter recommended Olive Stephens of Little Elm, Texas. Council Member Glaspell moved to appoint Olive Stephens of Little Elm, Texas to the BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FOR EXCEPTION TO ORDINANCE NO. 95-12, (TO ALLOW AN ABOVE GROUND POOL), FROM ANTHONY BRUNO OF 2 MESA VERDE: Terry and Tony Bruno, 2 Mesa Verde Ct., appeared before the Council to request an exception from the Council for their pool. Kevin McCullough, 1 Mesa Verde Ct., would like the Council to temper the ordinance with regard to above ground pools and swingsets. Cathy Morgas, P&Z Administrator, stated the P&Z Commission will be meeting to discuss these issues and then will make their recommendation to the Council with their findings. Bill LeGrand, Director of Public Works, indicated to the Council that this was routine enforcement of the codes. Following discussion by the Council, Council Member Glaspell moved to grant the exception to the Bruno's. Council Member Carr seconded. Following additional discussion Council Member Carr amended the original motion to include bringing the electrical wiring up to standards in thirty days. Motion passed with a majority vote. Voting for was Mayor Pro Tem Engelbeck, Council Members Carr, McCabe and Glaspell. Voting opposed was Council Member Decker. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPOINTMENTS TO THE FOLLOWING COMMITTEES: HOME RULE (AL WHITE, CHAIRPERSON), PUBLIC SAFETY ( BONNIE JACOBS, CHAIRPERSON): Mayor Carter gave a brief summary regarding the Home Rule Research Committee, the appointed chairperson, Al White, and the candidates recommended for appointment to the committee. He then called for a vote from the Council to form the committee. Town Secretary, Karen Sadri, reminded Mayor Carter that two residents signed to speak before discussion. After his acknowledgment of this, he then recalled for the vote. Council Member Glaspell moved to accept the Chairperson's recommendations. Mayor Pro Tem Engelbeck seconded. Mayor Carter then asked for the citizen input from: Bill Rose, 219 Inverness, said "The completion of the Home Rule petition obviates the requirements for the Home Rule Research Committee." Page 5 Regular Session, Town Council, August 19, 1997 Gary Tomlin, 208 Fresh Meadow, stated he was speaking as both resident and journalist and hopes the Council, if they adopt this committee, will see that it is subject to the open meetings requirements. Council Member Carr suggested that when the Home Rule Committee presents its finding to the Council that it be held in a Town Hall format so the findings can be shared and conveyed to all the citizens along with the Town Council, and he would ask Mr. White to add that to his list of objectives. Council Member McCabe stated her opinion was that if the petition that was circulated to place the Home Rule issue on the ballot was valid, that makes this committee inappropriate at this time, and it would not be a functioning committee. This also makes this agenda item premature and should not be addressed at this time. The second issue that concerns her is that the makeup of the committee is not what she understood the Council wished to have when the Council set out to set up the committee. She does not believe it has the appropriate representation within Trophy Club. Mayor Pro Tem Engelbeck expressed his disagreement with Council Member McCabe. He feels the committee would add some objectivity to the input to the Council prior to the election. Mayor Carter stated he fells the committee would be an informational source to the residents and be able to present advantages/disadvantages to both the citizens and the Council. Council Member Carr agreed with the Mayor that the mission of the committee is to research the pros and cons and let everyone know. Council Member Decker feels strongly about letting the people know as much about this process as possible. He thinks the Town Meeting concept is very important. Council Member Glaspell feels this is an opportunity to get the facts and make them available to everyone. He feels this is an opportunity to educate the citizens. Council Member McCabe stated for the record that "No, I am not trying to take away an information source to the residents that live in Trophy Club. I am just want the appropriate information source available." Mayor Carter called for a vote on the motion before them(formation of a Home Rule committee), motion passed by majority vote. Voting for was Mayor Pro Tem Engelbeck, Council Members Carr and Glaspell. Voting against was Council Members McCabe and Decker. With regards to the Public Safety Committee appointments, Mayor Carter called for a motion. Council Member Carr moved to accept the Public Safety Committee's recommendations. Council Member Decker seconded. Council Member McCabe questioned why those people who showed interest at an earlier time for the open positions were not recalled to be interviewed for the currently open positions. Page 6 Regular Session, Town Council, August 19, 1997 Council Member Carr explained the interview process for the current opening, and how the Public Safety committee arrived at the decision to appoint Tommy Tolbert. Following further discussion Mayor Carter called for the vote on the motion before the Council. The motion passed with a majority vote. Voting for was Mayor Pro Tem Engelbeck and Council Members Glaspell, Decker and Carr. Voting opposed was Council Member McCabe. MAYOR TO FILE THE 1997-1998 FISCAL YEAR BUDGET WITH THE TOWN SECRETARY: Mayor Carter presented the budget to the Town Secretary. He reminded the Council that this is strictly a formality, and that the budget is open to revisions and until officially adopted by the Council. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING CAPITAL FUNDING OF AN ANIMAL HOLDING FACILITY TO BE LOCATED WITHIN THE TOWN OF TROPHY CLUB. (COUNCIL MEMBER DECKER): Mayor Carter asked Council Member Decker to make his presentation to the Council on this item. Council Member Decker presented to the Council his ideas, information received and opinions on the necessity for an animal holding facility within the Town of Trophy Club. The approximate cost of this facility would be S 14,900.00. Following his presentation Council Member Decker moved to allocate $14,900.00 from the budget for a capital expenditure to erect the animal holding facility and to maintain the facility at a cost not to exceed what we now pay Jasper Hayes. Motion died for the lack of a second. The Mayor recognized Laurie Acosta, 4 Michelle Ct. Ms. Acosta, as a resident closely located to the suggested facility, she expressed concerns for herself and her neighbors regarding the noise, sanitation, smell, diseases and having the kennel in their backyards. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE RESIDENTS PETITION FOR HOME RULE.(COUNCIL MEMBER DECKER): Bill Rose, 219 Inverness, formally presented to the Council the petition to place the Home Rule issue on the November 4, 1997 ballot with the statement "shall a commission be chosen to frame a new charter." Mr. Rose thanked all involved in obtaining the signatures required; Julie Chambers, John Harbin, Billy Hughes, Dee Rose, Dave Runneberg, Dawn Seay and Sue Smith. Kevin McCullough, 1 Mesa Verde Ct., indicated his support for the election, and the Council's idea for an informational committee. Mr. McCullough would like to see the Council include both Mr. Rose and Mr. Hughes' viewpoint in any information that the Council provides to the citizens with regard to the committees findings on the Home Rule issue. Mr. Billy Hughes, 216 Inverness, commended Mr. Rose's efforts to obtain the signatures on the petition. Mr. Hughes feels strongly that the committee the Council is creating to gather the information on Home Rule be a balanced committee that represents all the Town's residents. Page 7 Regular Session, Town Council, August 19, 1997 Pearl O. Ford, 2 Spring Creek Ct., stated her confusion about the purpose of the petition. She questioned the wording and intent. Are we voting on framing a commission, or choosing Home Rule over General Law? Following discussion, Council Member Decker moved that the Council provide an election ordinance which shall provide for the election to be held on the date of the municipality's next general election (which in this case is November 4, 1997) and that the election shall provide the question on whether we should form a charter commission, and for the election from the municipality at large of a charter commission to draft a charter, and this commission must consist of at least fifteen members. Discussion ensued. John Hill, Town Attorney, indicated the need for clarification regarding the calling for election. Council Member Decker re -phrased his motion, moving that the staff and attorney be instructed to accomplish all procedural steps to enable us to vote on an ordinance regarding a petition for a Home Rule Charter Commission to be placed on the September 2, 1997 Town Council meeting agenda, and so post the appropriate notices. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO ADDRESS THE QUESTIONS SUBMITTED FROM THE SOCCER ASSOCIATION: Bill Matthai, President of the Soccer Association, made a brief presentation to the Council (state of the Association address), this was followed by a status report on the current conditions of the parks. ► Lakeview practice fields need attention, there are seriously hazardous conditions in and around the fields. ► The parking facilities at Harmony Park are limited and need to be addressed, hopefully, prior to Medlin Days. Mr. Matthai indicated to the Council that Beck Properties is willing to donate to the Town, 2 lots for parking . Council Member Engelbeck commented that the Trophy Club Economic Development Corporation allocated S 10,000.00 for the parking lot. Since that time the TCEDC learned that the property is not owned by the Town, and have a reluctance to donate toward improvements to someone else's property. Mr Billy Hughes, Chairperson of the Park & Recreation Committee, stated that Beck Properties is willing to donate the land to the Town. Mr. Hughes suggested moving the playground equipment to allow for more parking spaces. Discussion ensued; no action taken. Page 8 Regular Session, Town Council, August 19, 1997 Regular CONSENT AGENDA: ALL MATTERS LISTED UNDER CONSENT AGENDA, 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. APPROVE MINUTES FROM JUNE 17, 1997, WORKSHOP/REGULAR SESSION. B. APPROVE MINUTES FROM JULY 15, 1997, JOINT PUBLIC HEARING/REGULAR SESSION/BUDGET WORKSHOP. C. APPROVE FINANCIAL STATEMENTS ENDING JULY 30, 1997. D. PROCLAMATION PROTESTING THE DENTON COUNTY COMMUNICATIONS TOWER TO BE LOCATED IN SOUTHLAKE, TEXAS, ON T.W. KING ROAD. Mayor Carter asked if any items needed to be removed from the consent agenda. Mayor Carter asked to remove item D. Council Member McCabe asked to remove item A and D. Council Member Glaspell moved to accept items B (as amended, have John Hill removed from being present and have Hardy Thompson in attendance instead) and C. Council Member Decker seconded; motion passed unanimously. Council Member McCabe asked to listen to the tapes covering the June 17, 1997 minutes before accepting them so she moved to table this item until the next meeting. Council Member Carr Z---, seconded; motion passed unanimously. Mayor Carter addressed item D. He would like to have Attorney Hill re -draft the proclamation using stronger language. Council Member McCabe inquired if the tower was a "done deal." She requested the backup documentation to make an informed decision. Mayor Carter explained there is very little information on this issue. Roger Unger, 102 Carnoustle Dr., spoke of the substantial benefits for the Public Safety In C� Department and the residents of Trophy Club. Following further discussion, Council Member McCabe stated for the record that regardless of that fact that we are opposed to it; (the tower placement) they are moving forward with it. Mayor Pro Tem Englebeck moved to accept the proclamation as amended. Council Member Glaspell seconded; motion passed unanimously. Page 9 Regular Session, Town Council, August 19, 1997 CLOSED -DOOR SESSION. TOWN COUNCIL TO CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH CHAPTER 551, GOVERNMENTAL CODE, VERNON'S TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW). SECTION 551.071 TO RECEIVE LEGAL ADVICE:. A. TO DISCUSS WITH TOWN ATTORNEY, RESIDENCE AT 241 OAK HILL DRIVE. Council recessed at 9:04 p.m. after which they went into closed -door session at 9:13 p.m. RECONVENE INTO OPENSESSION. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE MATTERS DISCUSSED IN CLOSED SESSION. A. RESIDENCE AT 241 OAK HILL DRIVE. Council reconvened into open session at 9:48 p.m. Town Attorney Hill then issued this statement. "Mayor, members of the Council, we discussed the property at 241 Oak Hill Drive in closed - door session, and my recommendation would be that the City Council pursue and consider the rights and so forth that the Council has under your ordinances, as well as under state law, and that you consider immediately taking action with respect to the violations of the municipal code ordinances that you have on that property. That essentially was what was discussed in closed - door session." PRESENTATIONS BY COUNCIL: Council Member Decker stated that he and Council Member Carr had previously discussed switching places as committee liaisons. Mr. Carr would go to Parks & Recreation and Mr. Decker to Public Safety. This is effective immediately. Council Member McCabe moved to adjourn at 9:52 p.m. Council Member Glaspell seconded: ,1 Town Secretary 10/141/97 kin (Seal)