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Minutes TC 09/17/1996MINUTES OF REGULAR TOWN COUNCIL MEETING TROPHY CLUB, TEXAS SEPTEMBER 17, 1996 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a regular meeting on Tuesday, September 17, 1996 at 7:00 p.m. The meeting was held within the boundaries of the Town and was open to the Public. Council Members Present: James Carter Mayor Doug Glaspell Mayor Pro Tem Edwin "Ed" Decker Council Member Marshall Engelbeck Council Member Susan H. McCabe Council Member Edwin "Cotton" Moore Council Member Staff Members and Guests Present: John Hill Donna Welsh Mike Hamper Pauline Shaw David Miller Bill LeGrand Diane Cockrell Karen Sadri Dr. John Brooks Jerhea Nail John Harbin P.J. Preusser Rick Horn Staff Members Absent: Jack Jacobs Barbara Allen CALL TO ORDER. Town Attorney Town Manager Chairman, P. & Z. Commission Planning & Zoning Administrator Chief of Police Director of Public Works Police Dept. Administrative Secretary Town Secretary Superintendent, Northwest Independent School District Public Relations for N.I.S.D. Citizens Committee for Bond Issue of N.I.S.D. Citizens Committee for Bond Issue of N.I.S.D. Representative from Carter and Burgess Engineering Town Treasurer Court Administrator Mayor Carter called the meeting to order at 7:02 p.m. noting a quorum was present. He then welcomed Council Members, Commissioners, Committee Members, staff and guests. INVOCATION. An Invocation was given by Council Member Moore. Page 2, Regular Town Council Meeting 09/17/96 PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS. The pledge of allegiance to the American and Texas Flags was led by Council Member Decker. DR. JOHN BROOKS, SUPERINTENDENT OF THE NORTHWEST INDEPENDENT SCHOOL DISTRICT, TO GIVE A PRESENTATION AND ANSWER QUESTIONS ON THE SCHOOL BOND ELECTION FOR NEW CONSTRUCTION. Dr. Brooks presentation consisted of an eighteen minute video that showed the magnitude of growth of the school population of this three county district and the definite need of the forty-five million dollar bond election on October 12th for short and long term planning. The bond, if passed, will fund the following: three educational campuses with two schools each computers, software, and networking refurbish the oldest schools reconvert classrooms After the video Dr. Brooks explained that a concept design of the campuses is available and that each is built for the age and maturity of the children. He also emphasized a home town concept rather than commutes for the children. Busing, when necessary, would have different schedules to co-ordinate with the grade levels. The construction would be over a two year period on regular bonds capitalized over thirty years. The recommended locations are for the northwest area of Trophy Club and near Rhome. Council Member Decker reminded everyone that no one really has a choice but to educate in order to avoid the continuation of welfare. Mayor Carter encouraged the Council to support this effort and stated that he is one hundred per cent behind this for the future of the area children and their impact on Trophy Club. He also said support can be in the form of money and donations. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION SUPPORTING THE EFFORT OF THE NORTHWEST INDEPENDENT SCHOOL DISTRICT TO PASS A BOND ISSUE ON OCTOBER 12, 1996 FOR THE CONSTRUCTION OF NEW SCHOOL FACILITIES, PROVIDING AND EFFECTIVE DATE. Council Member Decker made the motion to adopt this resolution. Mayor Pro Tem Glaspell seconded; motion passed unanimously. THE TOWN OF TROPHY CLUB'S PUBLIC SAFETY COMMITTEE TO PRESENT AND RECOMMEND A TEEN CURFEW. Because of incomplete information and the unavailibility of committee members, the staff recommended moving this presentation to the October meeting. Page 3, Regular Town Council Meeting 09/17/96 TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE PROHIBITING MINORS UNDER SEVENTEEN YEARS OF AGE FROM BEING IN ANY PUBLIC PLACE BETWEEN THE HOURS OF 11:00 P.M. AND 6:00 A.M. ON WEEKDAYS AND BETWEEN 12:01 A.M. AND 6:00 A.M. ON WEEKENDS; PROVIDING DEFINITIONS; PROVIDING CERTAIN DEFENSES TO THE SAID PROHIBITION AND FOR ENFORCEMENT OF THE PROHIBITION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. Without the presentation and recommendation from the Public Safety Committee, this was also tabled to the October meeting. TOWN COUNCIL TO CONSIDER APPROVAL OF A PRELIMINARY PLAT FOR THE PLANNED DEVELOPMENT 13 "THE LAKES OF TROPHY CLUB". Chairman Mike Hamper of the Planning and Zoning Commission informed the Council that the Commission received excellent cooperation from the developer Briscoe Clark. They addressed every issue brought before them and that those changes are attached to these minutes. Chairman Hamper wholly endorses and recommends to the Council to immediately approve the preliminary plat. Discussion ensued about an egress to Marshall Creek Road which does not effect this development, Phase One currently has 204 lots, and that the streets will be maintained by the Home Owners Association (H.O.A.), but policed by the Town. Mayor Pro Tem Glaspell then made a motion to approve the preliminary plat as approved and recommended by the Planning and Zoning Commission. Council Member McCabe seconded; motion passed unanimously. *PRESENTATIONS BY CITIZENS*. Chris Clark of 11 Palmetto Drive addressed agenda item eleven (approval of 96-97 tax rate) by commending the Mayor for trying to lower taxes two years in a row. He strongly encouraged the Council to thoroughly define for the residents any cost over runs. Mayor Carter then announced the move to agenda item twelve, and the return to agenda items ten and eleven later in the meeting. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE REGULATING THE USE OF ATHLETIC FIELDS; INCLUDING PUBLIC PARKS, WITHIN THE TOWN; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS ON CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Mayor Carter complimented Public Works Director, Bill LeGrand, who is also currently the Parks co-ordinator, on the noticeable improvements to the practice and playing fields. Page 4, Regular Town Council Meeting, 09/17/96 Parks Co-ordinator LeGrand informed the Council that this ordinance is too vague in interpretations of policing and regulating field use; also, when the Town can supersede the Athletic Association's schedule, and allotted times for conditioning and repairing fields. Discussion ensued about the definition of who is fined, the degree of penalty, the impact of Harmony Park being created under a Federal Grant, and changing the word city to town throughout the ordinance. Council Member Engelbeck them made a motion to table and rewrite the Athletic Fields Ordinance to clarify and resolve all issues discussed. Mayor Pro Tem Glaspell seconded; motion passed unanimously. The ordinance will be brought before the Council in the near future. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AND ACCEPTING AN EMERGENCY MEDICAL SERVICES AGREEMENT BY AND BETWEEN THE TOWN AND THE CITY OF WESTLAKE, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; PROVIDING AND EFFECTIVE DATE. Mayor Carter addressed item VII of the agreement regarding payment of costs. He suggested a two tier price structure to the patient. One for those within and another for those outside the Town limits. Discussion among Council Members included: the M.U.D. within Westlake restrictions by Medicare, Medicaid, and some insurance companies the Town's tax base supporting Westlake only charging Westlake for services rendered charging on a flat fee basis At this time Town Attorney Hill suggested the Council pass the resolution because of the expired date, and in the future consider another resolution addressing only charges. Mayor Pro Tem Glaspell then made a motion to adopt the resolution as stated. Council Member Moore seconded; motion passed unanimously. The Council also agreed that Westlake be notified of its consideration for future changes in rates and charges. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AN AMENDED AND RESTATED CONTRACT BETWEEN THE TOWN AND THE CITY OF WESTLAKE, TEXAS FOR THE PROVISION OF LAW ENFORCEMENT SERVICES BY THE TOWN TO THE TOWN OF WESTLAKE; AND PROVIDING AN EFFECTIVE DATE. The major change to the agreement is from a three year renewal time frame to an automatic annual renewal until either entity gives a thirty day notice. Page 5, Regular Town Council Meeting, 09/17/96 Chief Miller explained that the amendment now included the investigators associated costs. Council Member Decker reiterated his position for fairer and higher billing charges to Westlake for both Court and Police Department services. Mayor Pro Tem Glaspell made a motion to adopt the resolution as stated. Council Member Engelbeck seconded; motion passed unanimously. CONSENT AGENDA. Council Member McCabe requested the removal of agenda items A, C, and F for further discussion. Mayor Pro Tem Glaspell made a motion to adopt agenda items B, D, E, and G as written. Council Member Moore seconded; motion passed unanimously for items B, E, G and D with Council Member Decker abstaining from item D due to his absence. At this time Council Member McCabe requested that page 43 of Consent Agenda item A reflect the deletion of the word opposing and restate what she had said. On page 47 delete the word goal and replace with the phrase "the appropriate action at this time". She them made a motion to adopt item A as amended. Council Member Moore seconded; motion passed unanimously. Regarding item C Council Member McCabe asked that on page 58 delete the two sentences that begin "He also and He wanted" because of the redundancy in the Mayor's attached letter. On page 60 of that same item Council Member Decker requested the inclusion of Town Attorney Hill with Planning and Zoning Chairman Hamper's remarks. Mayor Pro Tem Glaspell made a motion to adopt item C as amended. Council Member McCabe seconded; motion passed unanimously with Council Member Engelbeck abstaining due to his absence. For agenda item F Council Member McCabe asked that the last two sentences on page 83 be replaced for: She would consider lowering the tax rate provided it could be sustained for more than one or two years. However, she does not believe a lower tax rate could be sustained at this time due to the unknown factors stated above. Council Member McCabe then made a motion to adopt item F as amended. Mayor Pro Tem Glaspell seconded; motion passed unanimously with Mayor Pro Tem Glaspell abstaining due to his absence. Page 6, Regular Town Council Meeting, 09/17/96 The approved items are as follows: A. Minutes of Joint Public Hearing of Town Council and Planning and Zoning Commission 6/18/96. B. Minutes of Regular Town Council Meeting 7/16/96. C. Minutes of Joint Public Hearing of Town Council and Planning and Zoning Commission 8/1/96. D. Minutes of Regular Town Council Meeting 8/6/96. E. Minutes of Regular Town Council Meeting 8/20/96. F. Minutes of Public Hearing/Regular Town Council Meeting 9/3/96. three gasoline pumps be installed G. Financial reports ending 8/31/96. Mayor Carter announced an eight minute break at 8:57 p.m. TOWN COUNCIL TO DISCUSS AND APPOINT MEMBERS TO THE FOLLOWING COMMITTEES: A. PUBLIC RELATIONS (1) B. PUBLIC WORKS (3) Council Member Decker made a motion to appoint Barbara Tweedie to the Public Relations Committee. Council Member McCabe seconded; motion passed unanimously. Council Member Decker then made a motion to appoint Tom Dyer to the Public Works Committee. Council Member Engelbeck seconded; motion passed with Council Members Decker and Engelbeck in favor and Mayor Pro Tem Glaspell and Council Members McCabe and Moore abstaining. Again Council Member Decker made a motion to appoint Steve Sanders to the Public Works Committee. He noted that Mr. Sanders has been an engineer for over twelve years and would do the committee a lot of good. Council Member Engelbeck seconded; motion passed unanimously. At this time Council Member McCabe made a motion to appoint Glenn Carlson to the Public Works Committee. Council Member Moore seconded; motion passed with Mayor Pro Tem Glaspell and Council Members Decker, Mccabe and Moore in favor and Council Member Engelbeck abstaining. CLOSED -DOOR 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. A. TO APPOINT 3 DIRECTORS TO BOARD OF THE SALES AND USE TAX CORPORATION. Town Council adjourned into closed -door session at 9:17 p.m. to consider and discuss the recommendations from the interviewers for the three remaining positions on the Trophy Club Economic Development Corporation. RECONVENE INTO OPEN SESSION: TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION TO TAKE NECESSARY ACTION REGARDING THE Page 7, Regular Town Council Meeting, 09/17/96 MATTERS DISCUSSED IN CLOSED -DOOR SESSION PURSUANT TO AGENDA ITEM A. Town Council reconvened into regular session at 9:23 p.m. Council Member Engelbeck made a motion to appoint Pam Cates, Terry Christlieb, and Dan Heath to the T.C.E.D.C. Council Member McCabe seconded; motion passed unanimously. STAFF AND COMMITTEE REPORTS. Planning and Zoning Administrator, Pauline Shaw, asked the Council for a consensus regarding Texas National Bank's request for a temporary banner announcing its opening. The Council agreed to this four week ordinance variance and asked that the issue be an agenda item for the October meeting. Chief Miller announced that the new police department building should be ready for occupation by the end of October. He also informed the Council of the "Fire Prevention Week" materials distributed at Lakeview Elementary School. Public Works Director LeGrand stated that Trophy Club and Indian Creek Drives would be open to normal two way traffic flow by the end of the week. The landscaping and sprinkler systems for that new street construction would be completed by the end of the month. PRESENTATIONS BY COUNCIL. Council Member Engelbeck asked the Council to express their expectations of the Economic Development Corporation and for any of the other Town's Committees. Committee Members are requesting some direction from the Council to avoid duplication of efforts. He also suggested that the Finance Committee's talents be used for researching rate charges to Westlake for E.M.S, Court and Police services. Council Member Engelbeck then recommended that Council Member Decker work with the Committee Chairmen for long range strategy and goal planning. Mayor Pro Tem Glaspell reported that the Public Safety Committee recommends the continuance of the temporary four- way stop signs at Trophy Club and Indian Creek Drives. Police Chief Miller requested an amendment to the traffic ordinance changing the four-way signs of the above mentioned streets from temporary to permanent with a "Stop Ahead" sign placed at the curve of Trophy Club Drive past the fire station entrance. He then requested re -erecting the four-way stop signs at Trophy Wood and Inverness Drives until the Public Safety Committee can research and visit the site. The Council gave Page 8, Regular Town Council Meeting, 08/17/86 its consensus to do so because of the danger to children on school buses and the bad site line for motorists. Town Attorney Hill mentioned that the Committee can recommend reducing the speed limit in that particular area. MAYOR CARTER ANNOUNCED THE RETURN TO REGULAR AGENDA ITEMS 10 AND 11. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING AND APPROVING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1897 AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE' Mayor Carter presented a status report of the reserve funds for the Town from 1892 through 1895 and pointed out that each year the reserves increased from the prior year. He reminded the Council that an excess in reserves can allow for a tax reduction and in the future, if the reserves are too low, then raise the rate to build for operational expenses. He consistently maintained his original position of eohinQ for tax relief for they citizens of Trophy Club. Discussion ensued among the Council Members about not building reserves just to build reserves but that the Town has too many undefined future projects and issues to lower the tax rate now and then turn around and raise it because of poor budgeting and planning. Other discussion included cutting the tax rate by cutting the budget and that the citizens should have their money returned to them. At this time Council Member EnQelbech made a motion to reject this budget and then revise it under a new ordinance. Mayor Pro Tem Glaapsall seconded; motion failed with Council Members Decker, McCabe and Moore opposing and Mayor Pro Tem 8laapell and Council Member EnQeylbf*ch in favor. Council Member McCabe then made a motion to adopt this budget as it was approved at the September third meeting. Council Member Decker seconded; motion passed with Council Members Decker, McCabe, and Moore in favor and Mayor Pro Tem Alaapell and Council Member Enge7benk opposing. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDNANCE OF THE TOWN OF TROPHY CLUB, TEXAS FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1886 AND ENDING SEPTEMBER 30, 1997 AND FOR EACH FISCAL YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AT A RATE OF PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN AS OF JANUARY 1, 1896; DIRECTING THE ASSESSMENT THEREOF TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT OPERATION AND MAINTENANCE EXPENSES AND INDEBTEDNESS FOR THE TOWN'` PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AN INTEREST' , REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND Page 9, Regular Town Council Meeting, 09/17/96 SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Council Member Decker made a motion to adopt the tax rate at an even .4100. Council Member Moore seconded; motion passed with Council Members Decker, McCabe and Moore in favor and Mayor Pro Tem Glaspell and Council Member Engelbeck opposing. At this time Mayor Carter announced his power to reject this ordinance under Section 52.003 of the Texas Local Government Code. The letter stating his reasons is attached to these minutes. ADJOURN. Because the tax rate has to be set by end of fiscal year, the Council agreed to call a special meeting for Saturday the 21st at 7:00 a.m. Mayor Pro Tem Glaspell made a motion to adjourn at 10:34 p.m. Council Member McCabe seconded; motion passed unanimously. The next regularly scheduled meeting is Tuesday October 15, 1996. MOOR L---- - TOWN SECRETARY ILL: September 12, 1996 Ms. Pauline Shaw Planning and Zoning Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Re: Preliminary Plat - The Lakes Of Trophy Club Dear Pauline: Sep 11 it Ivo .uu�D F.02 BriscoeClark Please let this letter serve as verification of our agreement to the changes proposed by the Planning and Zoning Commission concerning the preliminary plat for The Lakes of Trophy Club. The agreed upon changes are as follows: 1. Trophy Lake, Ltd. agrees to plat Town Park and decd it to the Town of Trophy Club in the first phase of the development. 2. Trophy Lake, Ltd. agrees to extend Parkview Drive one hundred (100) feet to the North of the southern boundary of Town Park and construct a temporary turn around in the first phase of development. 3. Trophy Lake, Ltd. agrees to construct the fence along the western boundary of Town Park and extend Parkview Drive to the northern property line of the development at the time Town Park is actually constructed or in the second phase of development whichever is the earlier. I hope this letter meets your needs. Should you have any questions or need additional information, please do not hesitate to contact me. James P. Briscoe /Partner atit; tfi )C) 'u•alim No.,(I k"wt t Ix ii t; :1(/!014(( TO ffW OF September 19, 1996 Ms. Susan McCabe Mr. Cotton Moore Mr. Ed Decker Mr. Doug Glaspell Mr. Marshall Engelbeck Re: Ordinance Fixing and Levying Municipal Ad Valorem Taxes for the Fiscal Year October 1, 1996 to September 30, 1997. Dear Susan, Cotton, Ed, Doug and Marshall: On Tuesday, September 17, 1996, as members of the Town Council you adopted an ordinance approving the Town Tax Rate for fiscal year 1996-1997. At that meeting I expressed to you why I believed the ordinance should not have been approved. The reason being, there is excessive reserves balance to allow a tax rate decrease and continue to provide a reserve level that is far above the amount needed. Please review the information i called to your attention. As Town Mayor I am authorized under Section 52.003 of the Texas Local Government Code to return to the Town Council any ordinance adopted by the Council with a statement OT My objections to the ordinance. For the reasons set forth above and in accordance with Section 53.CiCi3, i return to you the ordinance adopting the tax rate and ask that you reconsider the ordinance in light of my concerns. Very truly yours, )tje s, P. C I rter cc: Ms. Donna Welsh IOONIunicipalDrive Trophy Club, Texas 76262 Tele. (817) 430-1911 Fax (817) 491-9312 Police Fax (817) 491-9886