Minutes TC 02/17/1998MINUTES OF REGULAR TOWN COUNCIL MEETING
TOWN OF TROPHY CLUB, TEXAS
February 17, 1998
THE STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas met in a workshop/regular session Tuesday,
February 17, 1998. The meeting was held within the boundaries of the Town and was open to the public.
WORKSHOP SESSION
COUNCIL MEMBERS PRESENT:
Jim Carter
Marshall Engelbeck
Doug Glaspell
Kevin Carr
Edwin "Ed" Decker
Susan H. McCabe
STAFF AND GUESTS PRESENT:
Donna Welsh
Bill LeGrand
David Miller
Greg Guilluame
John Hill
Lou Opipare
Bryan Phillips
Cathy Morgas
DISCUSSION OF REGULAR AGENDA ITEMS:
Mayor
Mayor Pro Tem (arrived at 6:25 p.m.)
Council Member
Council Member
Council Member
Council Member (arrived at 6:50 p.m.)
Town Manager
Director of Public Works
Director of Public Safety
Senior Accountant
Town Attorney (arrived at 6:40 p.m.)
TCFD, Fire Chief
Code Enforcement Officer
Acting Recording Secretary
Donna Welsh, Town Manager, explained several of the agenda items to the Council. The agenda item
pertaining to the fence waiver requests was covered in depth by Ms. Welsh.
Council Member Decker explained the agenda item having to do with the Public Safety Committee. He
also had the names of several people who could be possible candidates if the committee was restructured.
COUNCIL MEMBERS PRESENT:
Jim Carter
Marshall Engelbeck
Doug Glaspell
Kevin Carr
Edwin "Ed" Decker
Susan H. McCabe
REGULAR SESSION
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Page 2 Town Council Meeting February 17, 1998
STAFF AND GUESTS PRESENT:
Donna Welsh Town Manager
Bill LeGrand Director of Public Works
David Miller
Greg Guilluame
John Hill
Lou Opipare
Bryan Phillips
David Miller
Roger Unger
Gary Teague
Cathy Morgas
CALL TO ORDER:
Director of Public Safety
Senior Accountant
Town Attorney
TCFD, Fire Chief
Code Enforcement Officer
Director of DPS
Municipal Utility District, Manager
Engineer, Teague, Nall & Perkins
Acting Recording Secretary
Mayor Carter called the meeting to order at 7:00 p.m., noting a quorum was present.
INVOCATION:
Eli Bernard, Pastor of Lakeside Fellowship Church, gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
The Invocation and pledge of allegiance to the American and Texas Flags was led by Dr. John Brooks,
Superintendent, Northwest Independent School District.
PARKS AND RECREATION COMMITTEE PRESENTATION OF POSSIBLE USES FOR 9
ACRES OF LAND BETWEEN THE NWISD MIDDLE AND INTERMEDIATE SCHOOLS.
(BILLY HUGHES, CHAIRMAN PARKS AND RECREATION COMMITTEE):
The following members of the Parks and Recreation Committee gave presentations to the Council:
► Billy Hughes, Chairman
► Bill Matthai, committee member, Trophy Club Soccer Association, President
► David Neil, committee member
The following citizens addressed the Council concerning this item:
► Dr. John Brooks, 14 Creekmere
► Larry Hutto, 11 Edgemere
► Linda Mills, 113 Seminole
Pearl O. Ford, 2 Spring Creek Ct.
Following the Council's comments and questions, Council Member McCabe asked the staff to include on
the next agenda an item to take appropriate action pertaining to this item.
The Council was in agreement that the Parks and Recreation Committee should move ahead and get
these ideas out to the public.
Page 3 Town Council Meeting February 17, 1998
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING THE
FUNDING FOR THE HOME RULE CHARTER COMMISSION, BY TRANSFERRING FUNDS
FROM CONTINGENCY (LINE ITEM 10-5122) TO THE HOME RULE CHARTER
COMMISSION RELATED EXPENSES (LINE ITEM 10-5220):
The following members of the Home Rule Charter Commission made presentations to the Council:
► Pam Irwin, Chairman
► Jim Schorey, commissioner, member of HRCC Finance committee
► Linda Mills, commissioner, member of HRCC Finance committee
► Nestor Karlis, commissioner, member of HRCC Finance committee
Following discussion, Council Member Glaspell moved to transfer $7125.00 from the contingency (line
item 10-5122) to the Home Rule Charter Commission related expenses (line item 10-5220) for fiscal
year October 1, 1997 to September 30, 1998. Council Member McCabe seconded; motion passed
unanimously.
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING
GIVING THE STAFF DIRECTION OF POSSIBLE PARK LAND DEDICATION FROM BECK
PROPERTIES, INC., OF TWO LOTS FOR PARKING FOR HARMONY PARK:
Bill LeGrand, Director of Public Works, presented this request from Beck Properties.
Following discussion, Mayor Pro Tem Engelbeck moved to authorize the Mayor, Town Manager and
Town Attorney to take the necessary steps to have the two lots offered by Beck Properties, Inc. and
located near Harmony Park, be dedicated as park land and credit be given to Beck Properties for any
future park land dedication needs. Council Member Decker seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING THE
JOGGING/BIKE LANES ON TROPHY CLUB AND INDIAN CREEK DRIVES.
(COUNCIL MEMBER CARR):
Mike Sims, Senior Environmental Planner, North Central Texas Council of Governments, presented the
pros and cons as related to joggingibike lanes to the Council.
Gary Teague, Engineer, Teague, Nall & Perkins, Inc., gave a presentation to the Council regarding
jogging/bike lanes.
The following citizens addressed the Council concerning this item:
Z-1
►
Riley Mills, 113 Seminole Dr.
► Walter Fitzpatrick, 7 Creekmere Dr.
The Council recommended to staff to investigate this more in depth with either the consultant or the
NTCOG representative.
CITIZENS PRESENTATIONS: THIS IS AN OPPORTUNITY FOR CITIZENS TO ADDRESS
THE COUNCIL ON ANY MATTER WHETHER OR NOT IT IS POSTED ON THE AGENDA.
THE COUNCIL IS NOT PERMITTED TO TAKE ACTION ON ANY PRESENTA TION MADE TO
THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE
COUNCIL WILL HEAR PRESENTATIONS ON SPECIFIC AGENDA ITEMS PRIOR TO THE
COUNCIL ADDRESSING THOSE ITEMS:
No presentations.
Page 4 Town Council Meeting February 17, 1998
STAFF AND COMMITTEE REPORTS:
David Miller, Director of the DPS, gave the race dates in April.
Roger Unger, EMS Coordinator, updated the Council.
Mayor Carter noted the passing of Mrs. Betty Jones, 218 Inverness, and asked for a moment of silence.
Greg Guilluame, Senior Accountant, updated the Council on the status of tax revenue collections and the
TCEDC's new webmaster/webpage.
Patti Stoltz, Public Relations Chairman, reported to the Council her intent to present an update on the
brochure at the next meeting.
Nestor Karlis, Public Works, Chairman, updated the Council.
Lou Opipare, TCFD, Fire Chief, reported to the Council, new -hire Beth Ann Gregory was Valedictorian
in her paramedic class and is now enrolled in fire school.
Billy Hughes, Parks and Recreation Committee, Chairman, reported to the Council that they are still
working with the TCEDC to fund the playground equipment at Harmony Park.
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING A
VARIANCE REQUEST TO COMPREHENSIVE ZONING ORDINANCE #94-09, BY DONNA
KRAUSS, PRESIDENT OF THE TROPHY CLUB WOMEN'S CLUB, TO ALLOW GARAGE
SALES IN RESIDENTIAL AREAS:
Donna Krauss, President, Trophy Club Women's Club, asked the Council to consider a variance to
Comprehensive Zoning Ordinance #94-09, to allow two (2) garage sales a year, one (1) in the spring and
one (1) in the fall, generally on a Saturday, lasting from 7 a.m. until 4 p.m., allowing for an alternate rain
day (the following Sunday) the same week.
Council discussion ensued. The Council strongly recommended to the staff and Town Attorney to
investigate all the legalities to see if this could be done.
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING THE
FOLLOWING REQUESTS FOR VARIANCE TO FENCE ORDINANCE #95-16,
AMENDMENTS 97-06 & 97-27 BY:
Donna Furr, 3 Century Court, presented her request to the Council. Following discussion, Council
Member Carr moved to grant the waiver. Council Member Decker seconded; motion passed
unanimously.
Roger and Kim Borer, 203 Clear Vista Dr. Mr. Borer presented his request to the Council. John
Harbin, Beck Properties, spoke in support of the Borer's. Following discussion, Council Member
Glaspell moved to deny the waiver. Mayor Pro Tem Engelbeck seconded; motion passed with a majority
vote. Voting for(to deny) were: Mayor Pro Tem Engelbeck, Council Members Glaspell and Decker.
Voting against were: Council Members McCabe and Carr.
Byron Jobe, 208 Phoenix Drive, presented his request for waiver to the Council. Following discussion,
Council Member McCabe moved to grant the waiver. Council Member Glaspell seconded; motion
passed unanimously.
Page 5 Town Council Meeting February 17, 1998
Kyle McCain, 104 Pebble Beach Drive, presented his request for waiver to the Council. Following
discussion, Council Member McCabe moved to grant the waiver. Council Member Decker seconded;
motion passed unanimously.
Sam McDaniel, 105 Skyline Drive, this request was tabled until the March 17, 1998 meeting.
TOWN COUNCIL TO CONSIDER A PETITION TO ANNEX CERTAIN LAND INTO THE
TOWN OF TROPHY CLUB, TEXAS AND TO CONSIDER A RESOLUTION GRANTING THE
PETITION AND CALLING FOR A PUBLIC HEARING ON SUCH ANNEXATION, AND TAKE
APPROPRIATE ACTION:
John Harbin, Vice President, Beck Properties, Inc., made a presentation to the Council. Following
discussion, Mayor Pro Tem Engelbeck moved to accept the request for annexation of the 11.598 acres
presented by Beck Properties. Council Member Glaspell seconded; motion passed unanimously.
TOWN COUNCIL TO ADOPT AN ORDINANCE TO REPEAL (MUNICIPAL COURT)
ORDINANCE #92-13 AND INCLUDE AN AMENDMENT:
Following discussion, Council Member Decker moved to repeal Ordinance #92-13 (Municipal Court).
Council Member Glaspell seconded; motion passed unanimously.
TOWN COUNCIL TO ADOPT A RESOLUTION OF THE TOWN OF TROPHY CLUB,
TEXAS APPOINTING WALTER FITZPATRICK AS AN ALTERNATE MUNICIPAL COURT
JUDGE OF THE TOWN REPEALING RESOLUTION NO. 97-33 AS PROVIDED HEREIN;
PROVIDING AND EFFECTIVE DATE:
Following discussion, Council Member Decker moved to repeal Resolution No. 97-33. Council Member
Carr seconded; motion passed unanimously.
TOWN COUNCIL TO ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
CALLING A GENERAL ELECTION TO BE HELD ON MAY 2, 1998, FOR THE PURPOSE OF
ELECTING THREE (3) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH;
DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING
JUDGE; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION;
ESTABLISHING A DATE FOR CANVASSING RETURNS; AND PROVIDING AN EFFECTIVE
DATE:
Following discussion, Council Member Decker moved to adopt an ordinance calling a general election to
be held on May 2, 1998, for the purpose of electing three (3) Council Members for two (2) year terms
each; designating a polling place within the Town; appointing a presiding judge; establishing other
procedures for the conduct of the election; establishing a date for canvassing returns; and providing an
effective date. Council Member Carr seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER A PETITION BY TROPHY LAKE LTD. / BRISCOE CLARK
CO., INC., G.P., TO ANNEX A PORTION OF THE "LAKES", PHASE 11 INTO TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 2:
Following discussion, Council Member Glaspell moved to accept the petition by Trophy Lake
Ltd./Briscoe Clark Co., Inc., G.P., to annex a portion of the "Lakes", Phase II into Trophy Club
Municipal Utility District No. 2. Council Member McCabe seconded; motion passed unanimously.
Page 6 Town Council Meeting February 17, 1998
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING THE
REBIDDING OF THE CONTRACT FOR MEDIAN LANDSCAPING AND PARK
MAINTENANCE. (COUNCIL MEMBER CARR):
This item was tabled until the March 17, 1998 meeting.
TOWN TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING
RESTRUCTURING THE PUBLIC SAFETY COMMITTEE AND CONSOLIDATING THE
C.O.P.S. PROGRAM (CITIZENS ON PATROL) INCLUDING ANY APPOINTMENTS
DEEMED NECESSARY. (COUNCIL MEMBER DECKER):
Council Member Glaspell moved to dissolve the Public Safety Committee and the C.O.P.S. program and
restructure a new committee from these. Council Member Decker seconded.
In the discussion following, Mayor Pro Tem Engelbeck strongly opposes the "why" they are dissolving
the committees. He feels the members of the Public Safety Committee should be present and involved in
this decision.
Following discussion, the motion was rescinded and this item will be on the next meeting agenda.
CONSENT AGENDA: ALL MATTERS LISTED UNDER AGENDA ITEM 19., CONSENT
AGENDA, ARE CONSIDERED TO BE ROUTINE BY THE TOWN COUNCIL AND WILL BE
ENACTED BY ONE MOTION. THERE WILL NOT BE A SEPARATE DISCUSSION OF
THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.
A. Minutes of December 16, 1997 Meeting.
B. Financial Statements ending January 31, 1998
Item A was removed by Council Member Carr for discussion.
Council Member Decker moved to accept item B as presented. Council Member Glaspell seconded;
motion passed unanimously.
Concerning item A, Council Member Carr stated he wanted the minutes to reflect the fact he suggested
adding an "adjoining property owners" signature line to the fence permit application, allowing for the
approval from adjoining property owners; signifying in writing that the fininshed/unfinished side of the
fence is not an issue with them. Council Member Carr moved to accept the minutes as amended. Council
Member Glaspell seconded; motion passed unanimously.
CLOSED -DOOR SESSION. TOWN COUNCIL TO CONDUCT A CLOSED SESSION IN
ACCORDANCE WITH CHAPTER 551, GOVERNMENTAL CODE, VERNON'S TEXAS
CODES, ANNOTATED (OPEN MEETINGS LAW), TOWN COUNCIL TO CONSULT WITH
TOWN ATTORNEY REGARDING ANNEXATION BY THE CITY OF SOUTHLAKE AND
POTENTIAL LITIGATION IN CONNECTION THEREWITH:
Council adjourned into closed session at 7:07 p.m.
Page 7 Town Council Meeting February 17, 1998
RETURN TO OPEN SESSION- TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE
ACTION REGARDING ANNEXATION BY THE CITY OF SOUTHLAKE AND POTENTIAL
LITIGATION IN CONNECTION THEREWITH:
Council reconvened into open session at 7:58 p.m. No action taken.
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Council Member McCabe updated the Council on the questions she put in writing to Town Attorney Hill
concerning the park dedication issue and land in between the two schools.
Mayor Pro Tem Engelbeck mentioned that the Finance Committee meets February 18, 1998.
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The next meeting is scheduled for March 3, 1998.
Mayor Pro Tern Engelbeck moved to adjourn at 10:58 p.m. Council Member McCabe seconded; motion
passed unanimously.
(Seal)
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Town Secretary
2/26/98 klm