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Minutes TC 05/10/1994MINUTES OF TOWN COUNCIL MEETING TOWN OF TROPHY CLUB, TEXAS MAY 10, 1994 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a regular session on Tuesday, May 10, 1994. The meeting was held within the boundaries of the Town and was open to the Public, Council Members Present - Jim Carter Mayor Marshall Engelbeck Council Member Doug Glaspell Council Member Gene Hill Council Member / Mayor Pro Tem Patti Stoltz Council Member Council Member Cotton Moore was absent due to another commitment® Also present were guests and staff members - Donna Welsh Town Manager Pauline Shaw Planning & Zoning Administrator Bill LeGrand Public Works Director Karen Sadri 'Town Secretary Steve Edmiston Tax Attorney of Perdue, Brandon and Fielder Nestor Karlis Chairman of Public Works Committee Gary Teague Partner of Teague, Nall and Perkins, Inc. pol ice Chief Franklin, Town Attorney Hill, and Town Treasurer Jacobs were absent due to other commitments. CALL TO ORDER. Mayor Carter called the meeting to order at 7:00 p.m. noting a quorum was present. He then welcomed Council Members, guests, and staff. INVOCATION. An invocation was given by Public Works Chairman Karlis. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS, The pledge of allegiance to the American and Texas Flags was led by Public Works Director LeGrand. TOWN COUNCIL TO CONSIDER AN ORDINANCE CANVASS -[NG THE -1994 ELECTION RETURNS AND TAKE APPROPRIATE ACTION. lage 2, Town Council Meeting After the Mayor and Council Members reviewed the tally list and results, Council Member Glaspell made a motion to accept the results of the election. Council Member Hill seconded; motion passed unanimously. The official tally was Candidate Total Votes Received KM Marshall Engel Wreck 1821 Patti Stoltz 172 Larry Hoover 88 The Mayor then congratulated those who were re-elected and on the tremendous job they have been doing. PRESENTATIONS BY CITIZENS TO OUTGOING COUNCIL MEMBERS. MAYOR CARTER TO ADMINISTER THE OATH TO THE INCOMING COUNCIL MEMBERS. The Mayor had the re-elected incumbents stand before the tom 7s citizens and recite in unison after him the Oath of Office. PRESENTATIONS BY CITIZENS TO INCOMING COUNCIL MEMBERS. No presentations were given. PRESENTATIONS By 7 NCOMING COUNCIL MEMBERS. J - council Member Stoltz expressed her gratitude to serve again. She also indicated her discussion with citizen joe Nob lett about providing contractors with dumpsters for their debris or making the building permits more stringent. She asked the staff to rev ies his suggestions of performance bonds and fines. Council Member Hill expressed his appreciation of the citizens to re-elect- him but felt more voters need to exercise their rights to vote. Council Member Engelbeck stated his appreciation of the citizens who voted for him and what a productive year this will be. He also reminded the Council and citizens how fortunate the Town is to have such qualified volunteers to help run it, Page 3, Town Council Meeting CONSENT AGENDA As the Consent Agenda deemed little deliberation, Council Member Hill made a motion to approve it. Council Member Stoltz seconded-, motion passed unanimously. The approved items are as follows: A. Minutes of the April 19, 1994 Town Council Meeting TOWN COUNCIL TO CONSIDER GRANTING A VARIANCE TO ORDINANCE 92- 06 CONCERNING THE FENCE OF NEW CONSTRUCTION TO MR. PHIL SALYER, SALYER & ASSOCIATES, INC., AT 12 FAIR GREEN DRIVE. For the second time the representative from Salyer & Associates, Inc. did not attend. Ms. Pauline Shaw, the Planning and Zoning Administrator, recommended to not set a precedence by granting this variance. Council Member Hill, commented that the variance wouldn't enhance the architectural value of the property. After Council Member Glaspell expressed his concern that the applicant couldn't answer their direct questions, Council Member Hill made a motion to deny this variance. Council Member Engelbeck seconded-, motion passed unanimously. TOWN COUNCIL TO CONSIDER A RESOLUTION APPROVING A FINANCIAL ADVISORY CONTRACT BETWEEN THE TOWN AND SOUTHWEST SECURITIES INCORPORATED RELATING TO THE AUTHORIZATION, ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION BONDS; AUTHORIZING THE MAYOR OF THE TOWN TO EXECUTE THE SAID CONTRACT ON BEHALF OF THE TOWN; PROVIDING AN EFFECTIVE DATE. After determining that this was a renewal to the same contract of two (2) years ago, Council Member Hill made a motion to approve the resolution. Council Member Stoltz seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS A FUTURE BOND ELECTION Chairman Nestor spar lis of the Public recommendation from Teague, Nall and the Council to consider an August 13, $ 2.2 million for only street repair repairs would include joint sealing, Trophy Club and Indian Creek Drives, to secondary streets. Works Committee with the Perkins, Inc. encouraged 1994 bond election for and maintenance. The major improvements to and limited improvements The Public Works Committee also recommended that the East Entrance Funds be carried over to the i994-1995 fiscal year budget. With all the new development an East Entrance is a real i ty. Chairman Karlis requested the following citizens be considered for the Bond Committee- Page 4, Town Council Meeting Al Bush Chairman Chuck Frame, jr, Wight iones Nestor Karlis Emery Kellogg Charles Kirby Doyle Krause Clayton Reed jim Shanahan Gregg Webb Walt Wood Council Member Engel beck who 'is also Council liaison for the Public Works Committee was encouraged by the positive meetings. Some results were a plan for an East Entrance and citizens desire for street repairs, but time was being wasted on the drainage issue. Council Members Hill and Stoltz believe the culvert issue is important and part of street repair. Citizens have a right to vote for one or both issues. Council Member Glaspell made the point that an East Entrance will cut response time for the Town's emergency vehicles. Mayor Carter concerns included the election date due to summer vacations, the $ 2.2 million was about !0% higher than last November's estimate, and rethinking another method to solve the culverts and drainage problem. The estimate to include the latter is another $ 824,000.00. He is adamant about retaining an East Entrance Fund, but wants the developers to handle the burden of the cost, not the Town. Chairman Karlis responded that August 13th is the Saturday before school starts and most of the citizens will probably be in town to vote. Also, the i0% increase is for the higher cost of labor and materials. EXECUTIVE SESSION The Town Council adjourned into Executive Session at 7.-44 p.m. to discuss and consider independent American Development Corporation's (Phase !I) bankruptcy and delinquent taxes. Also, the election of Mayor Pro Tem was discussed. OPEN SESSION The Council reconvened into open session at 8:04 P.m. DISCUSSION AND APPROPRIATE ACTION REGARDING INDEPENDENT AMERICAN DEVELOPMENT CIORP ORATION (PHASE !I) BANKRUPTCY AND DELINQUENT TAXES. The Mayor had Steve Edmiston of Perdue, Brandon & Fielder Tax Attorneys report on the current standing of the bankruptcy and delinquent taxes. Tax Attorney Edmiston had a small Page 5, Town Council Meeting victory to share since the judge that day declared that the 1990-1991 taxes were to be payed. The estimate of over $ 100,000.00 has an unknown payment date, but the judge is favoring the Town which may mean payment before end of fiscal year. Mr. Edmiston reminded the Council of the dune 22, 1994 hearing to petition payment for the 1989, 1992, and 1993 taxes. The Council agreed to his suggestion of minor negotiated payments, if the need arise. TOWN COUNCIL TO ELECT MAYOR PRO TEM Council Member Stoltz made a motion to re-elect Council Member Hill as Mayor Pro Tem. Council Member Glaspell seconded; motion passed by Council Members Engelbeck, Clasped and Stoltz with Council Member Hill abstaining. The newly re-elected Mayor Pro Tem thanked his colleagues and felt it an honor to be chosen by them. STAFF AND COMMITTEE REPORTS Finance Committee Chairman, john Carter, had nothing to report because a quorum couldn't be called at the last meeting. Public Works Committee Chairman, Nestor Karlis, reported that Laidlaw Waste Management had collected 20,000 pounds of recyclables in the month of March. C.I.A. Administrator, Pauline Shaw, informed the Council that the pool will open May 27th for the summer season® Mayor Pro Tem Hill made a motion to adjourn at 8:17 p.m. and meet again on Tuesday, June 21, 1994. Council Member Engelbeck seconded; motion carried unanimously. TOWN SECRETARY