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Minutes TC 05/07/1996MINUTES OF REGULAR TOWN COUNCIL MEET1N'-1-:1' TOWN OF TROPHY CLUB, TEXAS MAY 7, 1996 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a workshop/regular session on Tuesday, May 7, 1996. The meetings were held within the boundaries of the Town and were open to the Public. Council Members Present: Jim Carter Mayor Gene Hill Mayor Pro Tem Marshall Engelbeck Council Member Doug Glaspell Council Member Cotton Moore Council Member Patti Stoltz Council Member Also present were guests and staff members: John Hill Donna Welsh Pauline Shaw Bill LeGrand David Miller Karen Sadri Edwin Decker Susan H. McCabe Staff Members Absent: Jack Jacobs Town Attorney Town Manager Planning & Zoning Administrator Public Works Director Police Chief Town Secretary Newly Elected Council Member Newly Elected Council Member Town Treasurer CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT. Mayor Carter called the workshop to order at 6:00 p.m., noting a quorum was present. WORKSHOP SESSION. Mayor Carter had Town Attorney Hill explain election law regarding Type A General Law Cities. The newly elected Council Members are to take the oath of office tonight but must wait 5 days before fulfilling their duties. He then suggested that the ordinance to canvass the election and the oaths of office be moved to the end of the agenda. Discussion ensued with agreement from the Council, Ed Decker, and Susan McCabe that the canvass be held tonight and be in accordance with State election law. Staff requested a change to weed ordinance 87-05 due to the Page 2, Regular Town Council Meeting, -J-1/07/96 very dry weather and recent multiple area fires. The present ordinance states that mowing is mandatory on grass 12 inches or higher. The Mayor then asked the Council to consider alternatives to mowing for property north of Marshall Creek Road. Suggestions were a fire break or land cultivation. Finance Committee Chairman, John Carter, reminded the Council about certificates of obligation and that area banks are leery about making unsecured loans. It was suggested that the Council increase the down payment another $ 150,000.00 and take out a loan of $ 200,000.00. With over $ 900,000.00 still in reserves and expecting the T.U. Electric franchise fee to be about $ 165,000.00, the Town would still have four months of operating money in TexPool. The final plat for the Lakeside residential development emphasized the needed transition from smaller to larger lots in that area of Town. The Mayor reminded everyone to make stronger efforts of marketing the June 18th trip to Austin for widening State Highway 114. He then adjourned the workshop at 6:54 p.m. REGULAR SESSION. At 7:00 p.m. Mayor Carter called the regular session to order, noting a quorum was present. He then welcomed Council Members, guests, and staff. INVOCATION. An Invocation was given by Finance Committee Chairman, John Carter. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS. The pledge of allegiance to the American and Texas Flags was led by Council Member Stoltz. Mayor Carter recognized the honor given to Finance Committee Chairman Carter by the Tarrant County United Way as Trophy Club's Volunteer of the Year. He also informed all present of the election law for Type A General Law Cities whereby the newly elected candidates take the oath of office tonight but wait 5 days (June 10th) for their duties to become effective. He then announced that agenda items G, H, I, J, K, and L would be moved to the end of the meeting in order to comply with this law. TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 87-05 BY AMENDING SECTION 1 BY AMENDING SUBSECTION (A) TO REFLECT THAT NO PERSON HAVING SUPERVISION OR CONTROL OVER REAL PROPERTY Page 3, Regular Town (_cuncii Meeting, 05/07/96 WITHIN THE TOWN SHALL 1,i__LOW WEEDS OR GRASS TO GROW OR BRUSH TO ACCUMULATE TO A HEIGHT GREATER THAN TWELVE (12) INCHES; AMENDING SUBSECTION (B) OF SECTION i BY PROVIDING THAT THE OWNER OF ANY LOT, TRACT OR PARCEL OF LAND OF TWO (2) ACRES OR MORE IN SIZE MUST KEEP THE PROPERTY FREE FROM GRASS AND WEEDS IN EXCESS OF TWELVE (12) INCHES IN HEIGHT, PROVIDED, HOWEVER, THAT WHERE LAND IS REGULARLY CULTIVATED, THE PROHIBITION CONTAINED IN SECTION 1 SHALL APPLY ONLY TO THAT PART OF THE PROPERTY OF RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Hill made a motion to adopt the upgraded ordinance. Council Member Glaspell seconded. Before voting Planning and Zoning Administrator, Pauline Shaw, informed the Council that the developers and the Army Corps of Engineers were planning to create a fire break wall for the land north of Marshall Creek Road. She suggested that the wall be 100 feet in addition to the road itself. Mayor Pro Tern Hill then amended his original motion to include the incorporation on a 100 foot zone north of Marshall Creek Road to be kept mowed to 12 inches or less. Council Member Glaspell again seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AND APPROVE THE RECOMMENDATION FROM THE FINANCE COMMITTEE REGARDING THE FINANCING OF THE CONSTRUCTION OF THE POLICE DEPARTMENT BUILDING. Town Manager, Donna Welsh, reminded the Council that at the end of February the two ways recommended to finance the building were through banks or certificates of obligation. Dan Almon, Senior V -P of Southwest Securities, encouraged the Town to issue the certificates of obligation for $ 200,000.00 with a one per cent (1%) pre -pay penalty for the $ 466,000.00 police building. John Carter, representing the Finance Committee concurred with this recommendation because the banks were very hesitant to issue unsecured loans. At this time Council Member Engelbeck made a motion to delay any decision on financing the building due to committing new members to the current Council's actions. The motion died for lack of a second. Discussion ensued about certificates of obligation being the most cost effective, the healthiness of the Town's reserves, the larger down payment reducing the annual payments to about $ 26,000.00, and no additional tax being levied. Council Member Glaspell then made a motion to approve the Finance Committee's recommendation of using certificates of obligation to finance the police building with the stipulation that the rates are competitive, appropriate and reasonable. Council Member Moore seconded; motion passed Page 4, Town Council Meeting, 05/07/96 with Mayor Pro Tem Hill and Council Members Glaspell, Moore and Stoltz in favor and Council Member Engelbeck opposed. TOWN COUNCIL TO CONSIDER APPROVAL OF A FINAL PLAT FOR "THE VILLAS"; A GATED COMMUNITY LOCATED ON TROPHY WOOD DRIVE NEAR T.W. KING ROAD. Planning and Zoning Commissioner, Mike Hamper, recommended that the Town Council approve the final plat with the developer's understanding that building permits would not be issued until all developmental improvements were accepted. He also requested a statement waivering the Town on any liability for this common held property. Mayor Pro Tem Hill then made a motion to adopt the final plat as recommended. Council Member Stoltz seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER APPROVAL OF A FINAL PLAT OF THE LAKESIDE RESIDENTIAL DEVELOPMENT LOCATED ON VILLAGE TRAIL AND WEST OF LAKEVIEW ELEMENTARY SCHOOL. Planning and Zoning Commissioner Hamper informed the Council that this developer is being required to place easements in the rear and limit side yard easements to an absolute necessity. The purpose of this and any future developed areas is the elimination of front yard utility easements. Rick Horn of the engineering firm, Carter and Burgess, stated that they are in the process of reviewing with all utility companies the placement of 10 foot backyard easements on each lot. Mayor Pro Tem Hill made a motion approve the final plat with the modification of rear lot easements platted prior to final filing. Council Member Glaspell seconded; motion passed unanimously. The Mayor reminded those present that the meeting order would move from agenda item F to M. TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS SUPPORTING THE EFFORTS OF THE METROPORT CITIES PARTNERSHIP WITH REGARD TO THE PROMOTION OF THE PROPOSED IMPROVEMENTS TO AND EXPANSION OF STATE HIGHWAY 114; APPROVING THE EXPENDITURE OF $7,500.00 OF THE TOWN'S CONTINGENCY FUNDS FOR THE SUPPORT OF THE PARTNERSHIP'S STATE HIGHWAY 114 TASK FORCE; PROVIDING AN EFFECTIVE DATE. The Mayor and Council Members were in agreement of the serious and desperate need of this financial support for the Partnership's marketing efforts. Mayor Pro Tem Hill made a motion to expend contingency funds Page 5, Regular Town Council Meeting, 05/07/96 in the amount of $7,500.00 for the State Highway 114 expansion effort. Council Member Engelbeck seconded; motion passed unanimously. CLOSED SESSION: TOWN COUNCIL TO CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH CHAPTER 551, GOVERNMENT CODE, VERNON'S TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW), SECTION 551.074 PERSONNEL. 1. TO CONSIDER AN APPOINTMENT TO THE PLANNING AND ZONING COMMISSION. 2. TO CONSIDER AND APPOINTMENT TO THE PARKS AND RECREATION COMMITTEE. 3. TO CONSIDER THE OFFICE OF MAYOR PRO TEM. Town Council adjourned into closed -door session at 7:45 p.m. to consider the applicants' appointments. Council Member Stoltz removed herself from this session due to applying for the Planning and Zoning Commission position. RECONVENE INTO OPEN SESSION: TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION TO TAKE NECESSARY ACTION REGARDING THE MATTERS DISCUSSED IN CLOSED -DOOR SESSION PURSUANT TO AGENDA ITEMS 1, 2, AND 3. Town Council reconvened into regular session at 8:13 p.m. Mayor Pro Tem Hill made a motion to appoint Clayton Reed to the Planning and Zoning Commission. Council Member Engelbeck seconded; motion passed unanimously. Council Member Glaspell then made a motion to appoint William "Bill" Pollick as Chairman of the Parks and Recreation Committee. Council Member Moore seconded; motion passed unanimously. No action was taken on agenda item 3 of appointing a Mayor Pro Tem. At this time Mayor Carter announced the return to agenda items G, H, I, J, K, and L. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 4, 1996; FOR THE PURPOSE OF ELECTION THREE (3) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH, AND THE SALES AND USE TAX ELECTION IN ACCORDANCE WITH SECTION 4B OF THE DEVELOPMENT CORPORATION ACT OF 1979 (ART. 5190.6, V.T.C.S.) HELD ON MAY 4, 1996; AUTHORIZING ISSUANCE OF CERTIFICATES OF ELECTION WITH RESPECT TO THE GENERAL ELECTION OF OFFICERS; AUTHORIZING ISSUANCE OF CANVASS OF GENERAL ELECTION AND THE SALES AND USE Page 6, Regular Town Council Meeting, 05/07/96 TAX ELECTION; PROVIDING AN EFFECTIVE DATE. After the Mayor and Council reviewed the return sheets, the Mayor announced the results of the election and thanked all the candidates who participated. Council Member Engelbeck then made a motion to adopt the canvass for the general election as presented by Mayor Carter. Mayor Pro Tem Hill seconded; motion passed unanimously. Council Member Moore followed with the motion to adopt the canvass for the sales and use tax. Council Member Engelbeck seconded; motion passed unanimously. A copy of the return sheet is attached to these minutes. PRESENTATIONS BY CITIZENS TO OUTGOING COUNCIL MEMBERS. Mayor Carter thanked both Mayor Pro Tem Hill and Council Member Stoltz for their current and past participation on the Council, Committees and Boards. He expressed the Town's appreciation of their time, involvement and devotion to these volunteer efforts and asked for their continuance with these endeavors. The following Council Members, residents and staff conveyed their admiration and thankfulness for the excellent work, dedication, and commitment to the betterment of Trophy Club by Mayor Pro Tem Hill and Council Member Stoltz: Marshall Engelbeck Doug Glaspell Cotton Moore Pearl Ford Jan Clinkenbeard John Carter Susan H. McCabe Edwin Decker Donna Welsh Pauline Shaw Diane Cockrell David Miller Bill Legrand John Hill PRESENTATIONS BY OUTGOING COUNCIL: Council Member Council Member Council Member President of Community Improvement Association Commissioner, Zoning Board of Adjustments Chairman, Finance Committee Newly Elected Council Member Newly Elected Council Member Town Manager Planning and Zoning Administrator Police Department Administrator Police Chief Public Works Director Town Attorney Council Member Stoltz thanked the Council for all their Page 7, Regular Town Council Meeting, 05/07/96 encouragement and support over her tenure. She remarked how unique this Council is by its willingness to share ideas and still retain its individuality. She claimed that "It has been a great four years!". Mayor Pro Tem Hill expressed his appreciation for the all the positive comments given to him. He said that "All I did was what I felt was good at the time for the betterment of the Town". He also plans to continue to work with the Town because "it is a privilege to volunteer". MAYOR CARTER TO ADMINISTER THE OATH OF OFFICE TO THE INCOMING COUNCIL MEMBERS. Mayor Carter administered the Oath of office to newly elected members, Susan H. McCabe and Edwin Decker, and fourth term re-elected member, Marshall Engelbeck. PRESENTATIONS BY CITIZENS TO INCOMING COUNCIL MEMBERS: Mayor Carter thanked all of those involved for a well run campaign and for the interest to volunteer for civic duty. He then welcomed the three members and expressed how much he looked forward to working with them. Council Members Glaspell and Moore congratulated the incoming members on their ability to resolve the Town's issues and encouraged them to use the support of the Town staff. Outgoing Members wished them the best and added that new points of view will continue to bring the Town and M.U.D.s together. PRESENTATIONS BY INCOMING COUNCIL MEMBERS. Council Member Susan H. McCabe thanked all of Trophy Club for the trust they put in her and stated what a privilege it is to work for the citizens. She accepted their congratulations with a commitment to help resolve current conflicts. Council Member Edwin Decker expressed his gratitude for being elected and asked the citizens to remind him of his objectives, if he should stray from them. Council Member Marshall Engelbeck is impressed by the Town's development and the volunteerism to civic duty. He said he looked forward to another two years and to intelligent decisions regarding the growth of the Town. Mayor Carter announced the return to agenda item P. STAFF AND COMMITTEE REPORTS. Town Manager Welsh announced the Parks and Recreation Workshop at the May 21st Council Meeting. Page 8, Regular Town Council Meeting, 05/07/96 Public Works Director LeGrand reported that the biggest delay for the street repair has been with S.W. Bell Telephone. The trunk line for the entire Town has to be moved and that will take about two more weeks. Planning and Zoning Administrator Shaw announced 27 new housing permits and the ground breaking for Texas National Bank. Court Administrator, Barbara Allen, asked the Council to continue their support toward the Teen Court efforts. Chairman Carter of the Finance Committee said the staff assigned committee members were in place for the 96-97 budget process. Mayor Carter then recognized Wayne Obermeier who was the second Trophy Club resident and who has been here 22 years. ADJOURN Mayor Pro Tem Hill made a motion to adjourn at 9:11 p.m. Council Member Stoltz seconded; motion passed unanimously. The next scheduled meeting is May 21st. ; L I-- JA E S�--- IP . CARTE MAYOR 11/1 TOWN SECRETARY pttscnt> d h) Secretary of Stam Section 65.014, V S.C.A., Elation Code Pct. No. a c t n (Num. de Pct.) a 1 .,:.f l,<1";c— RETURN SHEET 312 d 31k (PA GINA DE DA TOS SOBRE DatcofElection �1���CE�cion EL RESULTADO DE LA ELECCION) (Fecha de to Fleccw ! 11, d. i.?r rarn ) Name of candidate (or "For" and "Aggrinst") (Nombre del cand/dato) (o "A favor de" y " En tonna ds') office Sought or Propene non (Puede Oficial solintadc n P �pos:rion) No, of votes received (Num. de voros renbidos) ARS A�� G Ci1C OJ A/ CAV,(lc(L s ATtT �D -cKE�e cAl,�j (ovticl 2 2- F. "G .v ff1�.� 1C. Tower ,'l1GA, 27 /�p 1✓E reAtlS Town1 GUtrC1 2-77 .Sv3 .tJ 14, CACI "TowN Cev,vcll, 3 co %a,,v AJ 0' V Al C-/ Ro rtI%o,e " SAkg-S d Ti4 I os 77,A) u CvAl.dS7' `t l 6 293 Total number of voters who voted as indicated by poo list_ ()vwnero total de rotantes que rotaron .segw la luta de votaries.) 1, the undersigned, the presiding judge for the above described election held at the above designated election precinct, do hereby certify that the about return is a true and correct return for said dectioa (Yo, el abide fm doluez /residents de to e&ccior serralada w"U que se Aero a cubo en el precirto electoral desigrwdo mriba, pox lo presenle certifwo qoe las dates de arriba sort los resnhados verdaderos y correctos de dicha eleccioa.) DATED this the ` day of —— . 19 . (FECHADA este du de 19JudV�5 ' g, , (lusz Presidrnre) PLACE T F�', � J►S�C�OPY IN ENVELOPE NO. 1 -WHITE