Minutes TC 08/28/1997 - Special SessionMINUTES OF SPECIAL TOWN COUNCIL MEETING
TOWN OF TROPHY CLUB
August 28, 1997
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THE STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in a Special session Thursday,
August 28, 1997. The meeting was held within the boundaries of the Town and was open to the
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public.
COUNCIL MEMBERS PRESENT:
Jim Carter
Marshall Engelbeck
Edwin "Ed" Decker
Susan H. McCabe
Doug Glaspell
Kevin Carr
STAFF AND GUESTS PRESENT:
Donna Welsh
John Hill
Karen Sadri
Bill LeGrand
Roger Unger
CALL TO ORDER:
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
Council Member
Town Manager
Town Attorney
Town Secretary
Director of Public Works
District Manager, MUD
I
Mayor Carter called the meeting, to order at 7:00 a.m., noting a quorum was present.
INVOCATION:
An Invocation was given by John Hill, Town Attorney.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
The pledge of allegiance to the American and Texas Flags was led by Town Manager, Donna
Welsh.
Mayor Carter reversed the order of the agenda to go into closed- door session first.
CLOSED -DOOR SESSION:
Page 2 Special Session, Town Council, August 28, 1997
TOWN COUNCIL TO CONSULT WITH AND SEEK ADVICE OF TOWN
ATTORNEY REGARDING SERGIO SHEARER, ET AL V. HAWKEYE
PROPERTIES, INC., EDWARD BAUMANN, AND TOWN OF TROPHY CLUB
PURSUANT TO SECTION 551,0071, TEX. GOV. CODE.
Town Council adjourned into closed -session at 7:06 a.m.
OPEN-DOOR SESSION:
TOWN COUNCIL TO TAKE APPROPRIATE ACTION, IF ANY, AS A RESULT
OF THE CLOSED -DOOR SESSION.
Town Council reconvened into open session at 7:27 a.m.
Mayor Carter gave a summation of what transpired in the closed -session. He stated that Council
decided to advance the homeowner five thousand dollars, with surety, to help the homeowner
afford to have the house taken down in the required forty-five days.
Mayor Pro Tem Engelbeek stated that the Council also instructed Attorney Hill to proceed , with
no liability to the Town for the destruction of the house within the forty five days and a ceiling of
five thousand dollars expenditure.
Council Member Glaspell moved to instruct Attorney Hill to proceed, with no liability to the
Town for the destruction of the house within the forty five days and a ceiling of five thousand
dollars expenditure. Council Member Decker seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDER PURSUANT TO
SECTION 214.0015, TEX. LOC. GOV. CODE, ASSESSING A CIVIL PENALTY
AGAINST THE OWNER OF REAL PROPERTY WITHIN THE TOWN LOCATED AT
241 OAK HILL DRIVE, AND TAKE APPROPRIATE ACTION:
Town Attorney, John Hill, explained the requirements for assessing the civil penalty(which
include non compliance of the ordinance to remove the house, and the need for the Town
Council to issue an order) and the fine amounts.
Mr. Hill asked Bill LeGrand, Director of Public Works if he knew of the legal names of the
property owners.
Mr. LeGrand stated the three legal names involved as: Elizabeth Disco -Allen, Chase Manhattan
Mortgage Company, and Sergio Shearer.
Mr. Hill asked Mr. LeGrand if the ordinance involved was ordinance # 97-13, the dangerous
building ordinance.
Mr. LeGrand stated it was.
Mr Hill asked Mr. LeGrand if this was documented in approximately April -May of 1997.
Mr. LeGrand affirmed this.
Page 3 Special Session, Town Council, August 28, 1997
Mr. Hill asked Mr. LeGrand if that ordinance provided for the maintenance of or keeping of
dangerous buildings in the Town.
Mr. LeGrand affirmed this.
Mr. Hill asked Mr. LeGrand if it provides certain minimum standards for the continued use and
occupancy of the buildings.
Mr. LeGrand affirmed this.
Mr. Hill asked if Mr. LeGrand has viewed the building/property at 241 Oak Hill Drive, Trophy
Club, Texas.
Mr. LeGrand stated he has viewed the property on numerous occasions.
Mr. Hill asked Mr. LeGrand if that had taken place in May, June and July of this year.
Mr. LeGrand affirmed this.
Mr. Hill asked if in Mr. LeGrand's opinion the buildings are in a serious state of disrepair and
constitute a danger.
Mr. LeGrand affirmed this.
Mr. Hill asked Mr. LeGrand if in accordance with Ordinance #97-13, did the Town give notice of
a public hearing to the owners of 241 Oak Hill.
Mr. LeGrand stated the notice was sent July 3, 1997 for the hearing to be held on July 15, 1997.
Mr. Hill asked Mr. LeGrand if that was also to the lienholders as well.
Mr. LeGrand affirmed this.
Mr. Hill asked Mr. LeGrand if there was a public hearing held July 15, 1997 before the Town
Council.
Mr. LeGrand affirmed this.
Mr. Hill asked Mr. LeGrand if representatives or legal counsel for the homeowners and
lienholders had addressed the Council.
Mr. LeGrand affirmed this.
Mr. Hill asked Mr. LeGrand if, following the public hearing, did the Town Council issue an
order finding that the buildings at 241 Oak Hill were dilapidated, sub -standard and unfit for
human habitation and constituted a hazard to the public health, safety and welfare.
Mr. LeGrand affirmed that, that was done on July 29, 1997.
Mr. Hill asked if Mr. LeGrand had knowledge if a written order was actually entered.
Page 4 Special Session, Town Council, August 28, 1997
Mr. LeGrand affirmed this.
Mr. Hill asked this was done on approximately July 24, 1997.
Mr. LeGrand affirmed this.
Mr. Hill asked Mr. LeGrand if the order required the owners/lienholders remove and demolish
the buildings and improvements on that property and also eliminate any hole, excavation, sharp
protrusion or any other object or condition that existed on the land that is potentially capable of
causing injury to a person.
Mr. LeGrand affirmed this.
Mr. Hill asked Mr. LeGrand if the order also asked if the property owners/lienholders provide
drainage to prevent standing water and flooding on the land and to remove dead trees and tree
limbs that are reasonably capable of causing injury to a person.
Mr LeGrand affirmed this.
Mr. Hill asked Mr. LeGrand if a copy of that order provided to the property owner/lienholder on
or about July 24,1997.
Mr. LeGrand affirmed this.
Mr. Hill asked Mr. LeGrand if he had copies of the order.
Mr. LeGrand gave Mr. Hill copies of the order entered by the Council, the notice that was sent
and the acknowledgment of receipt by the property owners and the mortgage company.
Mr. Hill asked Mr. LeGrand if the property owner has failed to comply with the order as of this
date.
Mr. LeGrand affirmed this.
Mr. Hill asked Mr. LeGrand if the buildings have been removed and the property cleared up as of
this date.
Mr. LeGrand stated they have not.
Mr. Hill asked Mr. LeGrand if the property owner has also failed to comply with the other
problems listed on the notice that was sent to them, such as the removal of weeds.
Mr. LeGrand stated that compliance has not been held to or obtained by the owners , at this time.
Mr. Hill shared with the Council the content of a letter he received from the Shearer's attorney.
Mayor Carter asked Mr. Hill to define "homestead".
Mr. Hill explained it is "where you intend to live", and presented the Shearer's claim that 241
Oak Hill is their homestead.
Page 5 Special Session, Town Council, August 28, 1997
TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDER PURSUANT TO
SECTION 214.0015, TEX. LOC. GOV. CODE, ASSESSING A CIVIL PENALTY
AGAINST THE OWNER OF REAL PROPERTY WITHIN THE TOWN LOCATED AT
241 OAK HILL DRIVE, AND TAKE APPROPRIATE ACTION:
Following discussion, Council Member McCabe made a motion that the Town Council has heard
all the facts and circumstances, and they feel the ordinance has been met that it is a dangerous
and hazardous building, that appropriate notification has been given to all parties involved and
they would like to enter the order, and that as soon as possible the Town is enforcing the one
thousand dollar per day penalty provision, for sixty days, based on the finding there is no
homestead in effect. Council Member Glaspell seconded; motion passed unanimously.
Council Member Carr would like to secure the property from trespassers. Following discussion,
Council consensus was to secure the property at 241 Oak Hill Drive with a ten foot easement.
ADJOURN:
Council Member Glaspell'moved to adjourn at 7:52 a.m. Council Member Glaspell seconded;
motion passed unanimously.
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