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