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Minutes TC 09/02/1997MINUTES OF PUBLIC HEARING/ TOWN COUNCIL MEETING TOWN OF TROPHY CLUB September 2, 1997 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a Public Hearing/Town Council Meeting, Tuesday, September 2, 1997. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Marshall Engelbeck Edwin "Ed" Decker Susan H. McCabe Doug Glaspell Kevin Carr STAFF AND GUESTS PRESENT: Donna Welsh Karen Sadri Bill LeGrand Barbara Allen David Miller John Hill Roger Unger STAFF AND GUESTS ABSENT: Cathy Morgas Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Director of Public Works Municipal Court Administrator Director of DPS Town Attorney District Manager, MUD P&Z Administrator Mayor Carter called the meeting to order at 7:00 p.m., noting a quorum was present. INVOCATION: An Invocation was given by David Miller, Director of DPS. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: The pledge of allegiance to the American and Texas Flags was led by District Manager, MUD,Roger Unger. TOWN COUNCIL NDUCT /ft— .; • BUDGET • • •' • OCTOBER 99 • SEPTEMBER 30,1998: Page 2 Joint Public Hearing/Town Council Meeting, September 2, 1997 Council Member Engelbeck moved to open the Public Hearing. Council Member McCabe seconded; motion passed unanimously. Mayor Carter asked for any public comments. The following residents spoke to the Council concerning the budget: ► Billy Hughes, 216 Inverness Drive ► Jan Clinkenbeard, 119 Fairway Village Drive ► Pearl Ford, 2 Spring Creek Court ► Bill Rose, 219 Inverness Drive ► Kay Pratt, 13 Troon Drive TOWN COUNCIL TO ADJOURN PUBLIC HEARING AND CONVENE INTO REGULAR SESSION: Council Member Decker moved to adjourn the public hearing and reconvene into regular session. Council Member Carr seconded; motion passed unanimously. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING TRASH REMOVAL: (COUNCIL MEMBER DECKER) Council Member Decker expressed his concerns and opinions regarding the separate billing to the residents for trash removal. Council Member McCabe stated for the record that she viewed trash as a totally separate issue. She feels the main issue is equity. Council Member McCabe feels that the trash issue is inequitable, the fees are not equal per household. Council Member McCabe was adamant about the fact she never said or tried to hide the fact there would probably be a tax increase. Following more discussion, Council Member Decker moved to maintain the accounting and billing of residential or homeowner trash pickup as it has been and that we direct the staff to bill the multi -family pickup and/or direct the staff to have Laidlaw bill directly those folks, and leave that to their options. Council Member Glaspell seconded; motion passed with a majority. Voting for were: Mayor Pro Tem Engelbeck, and Council Members Carr, Glaspell and Decker. Voting opposed was Council Member McCabe. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING LONG RANGE INFRASTRUCTURE BUDGETING (SPECIFICALLY STREETS): (COUNCIL MEMBER DECKER) Council Member Decker stated his opinions concerning the need to act now concerning infrastructure replacement. Council Member McCabe feels if the bond does not pass in `97-98, it is the Council's obligation to take care of street repairs, appropriately, which is a high dollar amount which ultimately results in another tax increase. Town Manager Welsh, clarified for the Council that as it was the tax rate was $.47 per $100 assessed valuation with the trash as a line item and with Council Member Decker's recommendation it would increase another $.08 to $.55 per $100 assessed valuation. Page 3 Joint Public Hearing/Town Council Meeting, September 2, 1997 Following discussion, Council Member Decker moved to begin to accrue a separate line item called infrastructure replacement, to accrue at a rate of $270,000 per annum with the intention to finance with bonds for one to two years, depending on market value, to an aggregate of $7 million. Council Member Glaspell seconded. Following more discussion by the Council, the motion was amended by Council Member Decker to the accrual rate of $220,000. Motion passed with a majority vote. The Council voted as follows: FOR: Council Member Decker Council Member Glaspell Council Member McCabe AGAINST: Mayor Pro Tem Engelbeck Council Member Carr TOWN COUNCIL TO AUTHORIZE THE MAYOR TO APPROVE ALTERNATE `A' (SIDEWALKS FROM LAKEVIEW ELEMENTARY TO MARSHALL CREEK BRIDGE ON TROPHY CLUB DRIVE) OF THE CHISOS-VILLAGE TRAIL STREET REPAIR CONTRACT: Bill LeGrand, Director of Public Works, explained to the Council that Alternate `A' no longer exists as an option. Council directed Mr. LeGrand to re -bid the sidewalk project because it concerns the children's safety. Following discussion no action taken. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE: Council's changes to the budget are as follows: ► Trash - out of revenues and back into tax revenues and trash back into expense. ► add $220,000 for streets. ► add $50,000 for sidewalks. Council Member McCabe stated for the record that when the contract with Jasper Hayes comes up for renewal her intent is to get the staff to get the ramifications and put it on the next agenda as an action item to possibly re- look at, re -bid, maybe re -negotiate and/or cancel the contract under the clauses provided. Council Member Carr stated for the record that he agrees with Council Member McCabe and would like to look into re -bidding the contract that Mr. Hayes currently has. Council Member Carr moved to add $50,000 to the budget for sidewalks from Lakeview Elementary to the Marshall Creek Bridge on Trophy Club Drive. Council Member Glaspell seconded; motion passed with a majority vote. Voting for were Council Members Carr, Glaspell Decker and McCabe. Opposed was Mayor Pro Tem Engelbeck. Mayor Carter recessed at 8:50 p.m. Council reconvened at 9:07 p.m. to continue discussion on the budget. Page 4 Joint Public Hearing/Town Council Meeting, September 2, 1997 Following more discussion, Mayor Pro Tem Engelbeck moved to remove the $50,000 from the 97-98 budget and use contingency funds from the 96-97 budget to pay for the project, provided it would be done in the current budget year. Council Member Carr seconded; following discussion Council Member Carr withdrew his second and motion died for lack of a second. Following more discussion, Council Member McCabe moved to take $100,000 out of street repairs line item. Mayor Pro Tem Engelbeck seconded; motion passed unanimously. Following more discussion, Council Member Glaspell moved to add $30,000 to the Parks budget for parking facilities at Harmony Park. Mayor Pro Tem Englebeck seconded; motion passed unanimously. Following more discussion, Town Manager Welsh requested a workshop to further discuss the budget on September 16, 1997. Following more discussion, Council Member Decker moved to put the play equipment cost of $100,000 into the budget. Council Member McCabe seconded then amended the motion to be contingent upon funding by the TCEDC. Following discussion, Council Member Decker removed his motion and chose to defer his decision until the meeting on September 16, 1997. Following more discussion, Council Member McCabe moved to accept the budget as amended. Council Member Decker seconded; motion passed with a majority vote. Voting for were Council Members Carr, McCabe, Glaspell and Decker and voting against was Mayor Pro Tem Engelbeck. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CALLING AN ELECTION FOR THE PURPOSE OF CONSIDERING WHETHER OR NOT A COMMISSION SHOULD BE FORMED TO FRAME A NEW CHARTER, WHICH CHARTER, IF APPROVED, WOULD GIVE HOME RULE STATUS TO THE TOWN, AND THE ELECTION FROM THE TOWN AT LARGE OF A CHARTER COMMISSION CONSISTING OF FIFTEEN (15) MEMBERS TO DRAFT THE CHARTER; MAKING PROVISIONS FOR THE CONDUCT OF THE SAID ELECTION AND PROVIDING FOR OTHER MATTERS RELATED THERETO; PROVIDING AN EFFECTIVE DATE: A. ORDINANCE PROVIDING FOR THE FILING BY INDIVIDUALS FOR A POSITION ON THE BALLOT AS CANDIDATES FOR THE CHARTER COMMISSION. B. ORDINANCE PROVIDING FOR APPOINTMENT OF CHARTER COMMISSION BY TOWN COUNCIL. The following residents signed up to speak to the Council regarding this agenda item: ► Billy Hughes 216 Inverness Dr. ► Bill Rose 219 Inverness Dr. Following discussion regarding agenda item 10-A, Council Member Decker moved to adopt an ordinance providing for the filing by individuals for a position on the ballot as candidates for the charter commission and advertising for such. Council Member McCabe seconded amending the motion to include the date of the vote; motion failed by a majority vote. Voting for were Council Members McCabe and Decker; voting against were Mayor Pro Tem Engelbeck and Council Members Carr and Glaspell. Page 5 Joint Public Hearing/Town Council Meeting, September 2, 1997 Immediately following Mayor Pro Tem Engelbeck moved to approve an election for November 4,1997 to vote on Home Rule and to approve agenda item 10-13, an ordinance providing for appointment of the Charter Commission by the Town Council. Council Member Carr seconded. Council Member McCabe stated "The length of time I have been on the Council, and struggled with many of the issues before the Council, I think it is glaringly apparent, at this point in time and because you are possibly violating the law, in my opinion, that certain elected officials have extreme personal agenda items which are not parallel to what is best for the Town. I just, as a Council Member sitting here... well... it's hit rock bottom. I think part of the problems with our Council is the personal agenda items. I don't think the Council Members and certain officials step back and try to look at the Town as a whole and what is best for the Town. And I think it is glaringly apparent when you have a petition which is signed by the residents that live here, yet the Council has the gall to sit here and say " we know best as to who should be around and appointed to put in those slots for the Commission" by appointing the commission members, when, in my opinion, I'm not real sure some of the Council Members and other elected officials truly understand the Home Rule status. I'm appalled and I really had hoped that for once, in a very important issue to this town, that individuals would have set aside their personal agenda items and taken a look at the whole." Council Member Decker stated "The Council has performed in a most elitist fashion, in my opinion, and although they may feel they are considerably more qualified that the voters, I would suggest if there is anybody in the press here that they can quote me when I say that perhaps next May, the voters may be able to be in a position to see that their wishes are more adhered to especially since our own Council recommended against what you've just done, the Secretary of this Town, checking with the Secretary of State in Austin, and I have no reason not to believe her, made the statement that the representative of the Secretary of State also recommended, if I'm wrong I apologize, but I don't think so, and I certainly do commend Susan McCabe for her actions on this Council and I'm damn proud to be on the same side of the fence with her and with you folks out there." Motion passed with a majority vote. Voting for were Mayor Pro Tem Engelbeck and Council Members Carr and Glaspell. Voting against were Council Members McCabe and Decker. CLOSED -DOOR SESSION: 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. Council adjourned into closed session at 10 :53 p.m. TOWN COUNCIL TO TAKE APPROPRIATE ACTION, IF ANY, AS A RESULT OF THE CLOSED -DOOR SESSION. Council reconvened into open session at 11:06 p.m. Mayor Pro Tem Engelbeck made a motion stating " I move that the settlement agreement and release as to the Town of Trophy Club and with the Shearers will be approved and the Town Attorney be instructed to proceed. Council member Decker seconded; motion passed unanimously. Page 6 Joint Public Hearing/Town Council Meeting, September 2, 1997 ADJOURN: Council Member McCabe moved to adjourn at 11:07 p.m. Council Member Carr seconded; motion passed unanimously. yor (Seal) own Secretary 10/30/97 kim