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Minutes TC 05/06/1997MINUTES OF REGULAR TOWN COUNCIL MEETING TOWN OF TROPHY CLUB, TEXAS May 6, 1997 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a regular session Tuesday, May 6, 1997. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Doug Glaspell Edwin "Ed" Decker Susan H. McCabe Marshall Engelbeck E. "Cotton" Moore STAFF AND GUESTS PRESENT: John Hill Donna Welsh Karen Sadri Pauline Shaw Bill LeGrand David Miller Kevin Carr Scott Bradley Connie White John Carter Dr. Jim McLeod Bill Rose Cy Holley John Hensley Margaret Mosely Roy Gammon Jan Clinkenbeard Wally Funk Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Attorney Town Manager Town Secretary Planning & Zoning Administrator Director of Public Works Director of Public Safety Newly Elected Council Member Mayor, Town of Westlake President, MUD 1 Chairman, Finance Committee Pastor, 1 st Baptist Church of Trophy Club Resident, 219 Inverness Resident, 120 Oakmont Dr. Marcus Cable Marcus Cable Resident, 1110 Sunset Dr. Resident, 119 Fairway Village Dr. Resident, 243 Oak Hill Dr. Page 2 Regular Session Town Council May 6, 1997 CALL TO ORDER: Mayor Carter called the meeting to order at 7:05 p.m., noting a quorum was present. He then welcomed Council Members, guests and staff. INVOCATION: An Invocation was given by Dr. Jim McLeod, Pastor, 1 st Baptist Church of Trophy Club. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: The pledge of allegiance to the American and Texas Flags was led by Council Member Moore. The Mayor acknowledged and thanked all the candidates either present or absent who ran for the positions on the Council and the Mayor's position. TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE TRANSFER OF THE TOWN'S CABLE TELEVISION FRANCHISE FROM HARRON CABLE VISION OF TEXAS, INC. TO MARCUS CABLE ASSOCIATES, INC.; PROVIDING THAT MARCUS MUST FILE WITH THE TOWN ITS ACCEPTANCE OF THE TERMS OF THE FRANCHISE; PROVIDING AN EFFECTIVE DATE: Margaret Mosely, Marcus Cable gave a general overview of Marcus Cable. Mayor Carter asked Marcus Cable to consider giving Trophy Club an access channel of our own. During the following discussion, it was brought up many times that this was to verify the transfer only and negotiations with Marcus should come at a later date. Council Member McCabe specifically asked the representative, that since the contract was not up for renewal, technically they have no obligations to renegotiate any provisions of it, but that the representative verbally agree to the fact that they would renegotiate the 5% franchise fee and the dedicated channel. Council Member Glaspell moved to adopt the resolution to transfer as written. Council Member Engelbeck seconded; motion passed with a majority vote. Council Members Engelbeck, Glaspell, Moore and McCabe voting for and Council Member Decker opposed. Page 3 Regular Session Town Council May 6, 1997 TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS OFFERING A REWARD IN THE AMOUNT OF $300.00 TO ANY PERSON WHO PROVIDES INFORMATION TO AN APPROPRIATE PUBLIC OFFICIAL WHICH LEADS TO THE ARREST AND FINAL CONVICTION OF A PERSON FOR AN OFFENSE INVOLVING DAMAGE TO OR DESTRUCTION OF PUBLIC PROPERTY LOCATED AT HARMONY PARK; PROVIDING AN EFFECTIVE DATE: Bill LeGrand, Director of Public Works, explained the vandalism is an ongoing problem and that there has been over $5,000.00 worth of damage done at the park. Following discussion, Council Member Decker moved to adopt the reward resolution as written. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION GRANTING A VARIANCE TO FENCE ORD. 95-16 AND AS AMENDED BY ORD. 97-06 BY STEPHANIE TURNER OF 125 GREEN HILL TRAIL: Pauline Shaw, Planning and Zoning Administrator, explained the situation surrounding this dispute. Stephanie Turner presented pictures to the Council of her fence and gave her explanation of the circumstances. In the following discussion, Council Members McCabe and Decker stated they are inclined to allow Ms. Turner to keep the fence as a special exception. Council Member Glaspell moved to allow Ms. Turner to change out the fence by October 1, 1997. Council Member Engelbeck seconded; Council Member Moore reiterated this means the fence will be in compliance before October 1, 1997, following discussion the Council voted as follows: FOR: Council Members Moore, Glaspell and Engelbeck. AGAINST: Council Members McCabe and Decker. Motion passed by majority vote. Page 4 Regular Session Town Council May 6, 1997 CONSENT AGENDA: ALL MATTERS LISTED UNDER AGENDA ITEM 7, 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: Council Member asked to remove Item A. Council Member Glaspell moved to approve Item B: PROCLAMATION SUPPORTING MAY 17 -MAY 25 AS "NATIONAL SAFE BOATING WEEK." Council Member Moore seconded; motion passed unanimously. Concerning Item A: MINUTES OF JOINT PUBLIC HEARING TOWN COUNCIL MEETING / PLANNING AND ZONING COMMISSION APRIL 15,1997: Council Member Decker wanted the minutes to state in relation to Mr. Gammon's concerns, on page 124 of the Council Members packet, that the Mayor gave direction for Council Member Glaspell, Chief of Police David Miller, Town Manager Donna Welsh, and Planning and Zoning Administrator Pauline Shaw to meet with Mr. Gammon. Council Member Decker wants Mr. Gary Tomlin recognized as a Resident of Trophy Club instead of a reporter for the Fort Worth Star Telegram. Council Member Decker also wanted the minutes to reflect that on page 126 of the Council Members packet that the cost of the street/sewer repair was $26,000 to be split equally with the MUD. Council Member Decker moved to adopt the minutes as amended. Council Member McCabe seconded; motion passed unanimously. STAFF AND COMMITTEE REPORTS: Bill LeGrand, Director of Public Works reported that bids were out for approval on the construction to be done at Trophy Wood Drive and Indian Creek Drive. David Miller, DPS Director, invited everyone to the D.A.R.E. graduation at Lakeview Elementary, at 7:00 p.m. on Thursday May 15, 1997, for the fifth graders. Page 5 Regular Session Town Council May 6, 1997 Donna Welsh, Town Manager, reported current status of the location of the Communications Tower in Southlake. John Carter, Chairman of the Finance Committee, reported on the progress the Committee is making on the information for the year 2000 project and the 97-98 budget. Pauline Shaw, Planning and Zoning Administrator, reported the Planning and Zoning Commission will be bringing to the Council at the May 20, 1997 meeting, which will also be a Public Hearing, a final plat for the school property and a site plan for the two (2) schools, a re - plat and a preliminary plat on "The Plaza." PRESENTATIONS BY COUNCIL: Council Member Decker is very concerned about the residence at 241 Oak Hill. Time is passing and nothing is being done. Council Member Decker would like to call a special session on May 13, 1997 to address this issue. Council Member McCabe reminded the Council that no ordinance exists to cover these kinds of problems. Council Member Glaspell suggested having in the ordinance a heavy financial penalty for the homeowner for not being in compliance, as an incentive to get something done. Mayor Carter polled Council to have a special session on Tuesday, May 13, 1997 at 7:00 p.m. General consensus was to hold this meeting. Council Member Englebeck asked about the time frame on the construction at Trophy Wood Drive and Indian Creek Drive, and was told by Bill LeGrand the expected completion date would be sometime near the end of November. Council Member Glaspell would like the Planning and Zoning Commission to revisit the fence ordinance and review the picket style of fence versus a wrought iron fence and make the necessary recommendations to the Council. Page 6 Regular Session Town Council May 6, 1997 TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CANVASSING THE EARLY RETURNS, INCLUDING THE RETURNS OF EARLY VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 3, 1997, FOR THE PURPOSE OF ELECTING A MAYOR FOR A TWO (2) YEAR TERM AND TWO (2) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH; AUTHORIZING ISSUANCE OF CERTIFICATES OF ELECTION WITH RESPECT TO THE GENERAL ELECTION OF OFFICERS; AUTHORIZING ISSUANCE OF CANVASS OF GENERAL ELECTION; PROVIDING AN EFFECTIVE DATE: Mayor Carter passed out copies of the tally sheets for the Council to review and verify, he then read who the winners were. Council Member Moore moved to adopt the ordinance concerning the canvassing of the election. Council Member Engelbeck seconded; motion passed unanimously. * PRESENTATIONS BY CITIZENS TO OUTGOING COUNCIL MEMBERS: Mayor Carter expressed his respect for Council Member Moore. Council Member Moore has worked a long time for the Town of Trophy Club. Mr. Moore started his relationship with the Town as a volunteer firefighter, he then ran for and sits on the Town Council. He is currently the Emergency Management Co -Ordinator for our Town. Because of his abilities he has also been asked to perform functions in that capacity for other surrounding communities. He also has the distinction of being the only native Texan on the Council. Council Member Glaspell expressed his appreciation at the opportunity to work with Council Member Moore. Council Member McCabe expressed her appreciation at the opportunity to work with Council Member Moore. He brought integrity, wisdom, a sense of calmness and a wealth of information to the Council, and she would miss him. Council Member Engelbeck expressed his appreciation at the opportunity to work with Council Member Moore. Council Member Decker expressed that even though he and Council Member Moore were associates for only a short time, he appreciates all Council Member Moore has done for the Town. Page 7 Regular Session Town Council May 6, 1997 Donna Welsh, Town Manager, expressed how much she appreciated how well Council Member Moore worked with the staff and how much dignity he treated everyone, and all the support he gave to staff members. David Miller, DPS Director, said that words could not express how much they appreciate and enjoyed Council Member Moore's support, and how he worked so closely with all those departments. Chief Miller also expressed his pleasure that Council Member Moore would remain as coordinator for the Emergency Management Committee. Bill LeGrand, Director of Public Works, stated he would miss him. Pauline Shaw, Planning and Zoning Administrator, said "You're the greatest!" John Hill, Town Attorney, expressed his pleasure in the opportunity to have been able to work with Council Member Moore. Roger Unger, MUD Manager, stated how much he appreciated his stabilizing influence on the Council, and how fine a gentlemen Council Member Moore is. PRESENTATIONS BY OUTGOING COUNCIL: Council Member Moore expressed his thanks and appreciation for the past 6 years. He welcomed Kevin Carr and wished him the very best. He addressed each and every Council Member. He then commented on and complimented all the staff members for their hard work. He also complimented Roger Unger and the MUD's for the spirit of cooperation between the two entities. Council Member Moore complimented the committees on all their hard work, especially the chairpersons. OATH OF OFFICE TO BE ADMINISTERED TO THE INCOMING MAYOR/COUNCIL MEMBERS: Mayor Carter requested Scott Bradley, Mayor of Westlake ( under appeal ), to issue the oath of office to the incoming Mayor/Council Members. Mayor Bradley spoke on how much the meaning of the Oath of Office means to him and considers it a privilege and honor whereby you represent the citizenry. Pauline Shaw, Notary Public, Planning and Zoning Administrator then re -issued the oath for legal purposes. Page 8 Regular Session Town Council May 6, 1997 * PRESENTATIONS BY CITIZENS TO INCOMING COUNCIL MEMBERS: Wally Funk, resident of 243 Oak Hill Dr., congratulated the elected officials and then spoke about her concerns of the condition of the residence at 241 Oak Hill and how it affects her residence. Roy Gammon, resident of 1110 Sunset Dr., reiterated his feeling from the last meeting 3 weeks ago. He feels the staff lacks motivation and is not taking his problems seriously. He understood from the last meeting that there was to be some resolution to his problem. As yet, the suggested meeting has not been scheduled, and no action is being taken. Bill Rose, resident of 219 Inverness, expressed his appreciation to the staff for all their help during his recent campaign. He encouraged the Council to seriously begin the process to become a Home Rule city, and also review the sign ordinance. Jan Clinkenbeard, resident, spoke about the volunteer group and the interest not only of a clock tower at the main entrance, but also doing something dramatic with both entrances. She also informed the Council she would like to return after July 1, 1997 to give progress reports. ADJOURN: Council Member Decker moved to adjourn at 9:25 p.m. Council Member Glaspell seconded; motion passed unanimously. ,r /Mar l Town Secretary 5/15/97 klg ,ecu011 07.01 41 1 A .%., ciccLIon LOue RETURN SHEET (PAGINA DE DA TOS SO BRE EL RESULTADO DE LA ELECCION) Pct. No. (,Nunn. de Pct.) Authority conducting election (Autoridad administrando la eleccion) Date of Election (Fecha de la Eleccion) 3/,;7 Type of Election (Tipo de Eleccion) X: Name of candidate (or "For" and "Against") del candida�to)) (oo "Afavor de- v "En contra de ") Office Sought or Proposition (Puesto official sollic�itado o Proposicioni No. of votes received Nunn. de voros recibidos) %(Nombre Q O2..3 .e.. Vr mac; i L 3 4�d i ,4 ,C3lLL L u �s� OF Total number of voters who voted as indicated by poll list.%��� (Numero total de votantes que votaron Begun la lista de votantes.) 1l I, the undersigned, the presiding judge for the above described election held at the above designated election precinct, do hereby certify that the above return is a true and correct return for said election. ( Yo, el abajo firmado juez presidente de la eleccion senalada arriba que se !levo a cabo en el precinto electoral designado arriba, por to presente certijico que los datos de arriba son lossrresultados verdaderos y corrector de dicha eleccion.) DATED this the day of� .19 7 FECHADA este dia de 19 L/`r��p' 2 ( Prestdig Judge (Juez Pre.sidente) T(DrA i_ �-1 �� v ��/ 1 (y' PLACE THIS COPY IN ENVELOPE NO. 1 — WHITE lq pf S`l C)0