Council orders immediate opening of Cottonwood Park
By LAURA CHILDRESS

With summer started and Cottonwood Park still not open to the public, the Little Elm council directed staff during Tuesday’s council meeting to take immediate action to rectify the situation.

While the council had granted an extension to its previous Memorial Day deadline through June 15, Councilwoman Dee Dee Lear said Cottonwood Creek Marina has yet to remove debris from the park and open the picnic area to public access.

“I’ve received numerous emails from residents about the condition of that park,” she said. “Little Elm Park is busting at the seams and people are looking for a place to take their families.” “We can’t continue to deny residents access to this park,” Councilman David Hillock echoed.

Hillock added that the town had received a letter from the U.S. Army Corps of Engineers April 17 noting that the town was in violation of its lease agreement for the park in regard to two issues: * “No trespassing, private property” signs were erected at several pedestrian entry points, despite the fact that the town is not granted exclusive rights to the park under the terms of the lease.

* Storage areas containing scrap metal and construction debris were not secured, against the Corps’ mandate that the town, and any sub-lessee, maintain the park in a safe and sanitary manner.

While underwater portions of the park have been cleared and debris moved to other parts of the park, Hillock said the infractions found by the Corps remain, putting the town in jeopardy with its lease agreement.

The council authorized staff to ensure that all debris be fenced off until it can be removed or consolidated into an area of approved size not affecting park use; the vehicle barrier be removed immediately, allowing public access to the picnic area; all signage not authorized by the town be taken down; and construction be stopped until the park is compliance with the lease agreement.

“There needs to be an overlying expectation that the park will be maintained to the same standards as the rest of the town parks,” Lear added.

The council noted that all infractions needed to be corrected no later than July 15.

The council also looked at expediting the timeline for a charter amendments election.

While the council had previously targeted the charter amendment election for next May, Councilmember Lear proposed the council consider moving it up to November instead.

Lear noted that it had already been three years since the last charter amendment election and updates were needed.

Fellow Councilman David Hillock agreed, noting that a November election could draw greater voter participation because of the Presidential election.

Rather than go through a lengthy process of establishing a charter review committee, which would then research the charters of similar cities and recommend changes to Little Elm’s charter, Lear recommended that the council, elected by Little Elm voters to represent them, take that duty on themselves.

The council scheduled a workshop July 31 to discuss proposed charter amendments, with a second workshop August 12 scheduled if needed.

Town attorney Robert Brown noted the council had until Sept. 2 to call the election.

The council also authorized staff to research the feasibility of conducting the charter amendment election in November, since all Little Elm voters will not be voting at town hall in the Presidential election, and availability of voting equipment.

The council also approved, following a public hearing, an amendment to the code of ordinance relating to home-based childcare centers.

Senior planner Dusty McAfee noted that the ordinance requires all three categories of in-home childcare providers -- registered, licensed and listed -- to register with the town and provide a copy of their state permit, which governs the number of children for whom they may care. Childcare providers will be subject only to state, not town, inspections.

In other business, the council: * Approved, following a public hearing, a special use permit for a manufactured home at the northwest corner of East Park and Annex streets, necessary for the owner to obtain a building permit to reconstruct a garage that burned.

* Approved the consent agenda, consisting of the minutes of the June 17 precouncil meeting, public hearing and regular council meeting and June 12 budget workshop.

* Approved the rating sheets and negotiations for contracts with engineering and grant administrators for the Lobo Lane improvements associated with the RTI expansion.

* Approved an ordinance enacting the new water, wastewater and road impact fees.

* Scheduled a budget worksession to discuss town priorities July 8 at 6:30 p.m. in the council conference room.

* Received an update from Mayor Frank Kastner on plans for improvements to FM 423, with the latest timeline calling for the middle section to be let in August 2009, the north section in March 2010 and the south section in May 2010. Town Manager Ivan Langford confirmed that the letting date for the middle section has been pushed back a year, but could be moved up contingent on right-of-way issues.