Minutes TC 01/20/1998MINUTES OF REGULAR TOWN COUNCIL MEETING
TOWN OF TROPHY CLUB, TEXAS
January 20, 1998
THE STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas met in a regular session Tuesday, January
20, 1998. The meeting was held within the boundaries of the Town and was open to the public.
COUNCIL MEMBERS PRESENT:
Jim Carter
Marshall Engelbeck
Doug Glaspell
Kevin Carr
Edwin "Ed" Decker
Susan H. McCabe
STAFF AND GUESTS PRESENT:
Donna Welsh
Karen Sadri
Bill LeGrand
David Miller
Greg Guilluame
John Hill
Roger Unger
Christian Rutledge
James Johnson
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Town Secretary
Director of Public Works
Director of Public Safety
Senior Accountant
Town Attorney
Municipal Utility District Manager
Rutledge, Crain CPA, Owner/representative
TU Electric, Manager/representative
Mayor Carter called the meeting to order at 7:05 p.m., noting a quorum was present.
INVOCATION:
John Hill, Town Attorney, 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 Harry
Dayton, resident, 103 Fairway Village.
Page 2 Town Council Meeting January 20, 1998
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
PRESENTATION 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:
Donna Krauss and Carol Cotton, representatives of the Trophy Club Womens' Club, presented a
Certificate of Appreciation to the Town Council for its support of "Medlin Days."
STAFF AND COMMITTEE REPORTS:
David Miller, Chief of Police, inforined the Council of the April 5, 1998 race day at the
speedway.
Bill LeGrand, Director of Public Works, updated the Council on the status of the construction of
Indian Creek and Trophy Wood Drives.
Karen Sadri, Town Secretary, reported to the Council the General Election date will be May 2,
1998 and that the first day candidates could apply for the open positions on the ballot would be
February 17, 1998.
Donna Welsh, Town Manager, reminded the Council that there would be a workshop on
February 3, 1998 to discuss budget preparation.
Mayor Pro Tem Engelbeck reported to the council that the Finance Committee would be
addressing the issue of street repair at their next meeting.
No other committees reported.
CHRISTIAN RUTLEDGE OF RUTLEDGE, CRAIN & COMPANY, P.C. TO
PRESENT THE 1996-1997 AUDIT:
Christian Rutledge, presented the 1996-1997 audit to the Council. Mr. Rutledge pointed out to
the Council the need to maintain spending the COP's grant money per the grant specifications.
Mr. Rutledge complimented the Council and staff on their management of the budget and that
the adjustments that were made were not due to internal controls.
Mayor Pro Tem Engelbeck asked Mr. Rutledge if the Town's retirement plan was a common one
and Mr. Rutledge replied that most other Municipalities use TMRS where we use a SEP plan.
TOWN COUNCIL TO ADOPT BY MOTION THE 1996-1997 AUDIT:
Council member Decker moved to adopt the 1996-1997 Audit as presented. Council Member
Glaspell seconded; motion passed unanimously.
Page 3 Town Council Meeting January 20, 1998
TOWN COUNCIL TO ADOPT AN ORDINANCE FROM T.U. ELECTRIC AND P. U. C.
APPROVING A "ME TOO" ORDINANCE APPLICABLE TO GENERAL LAW CITIES:
Following discussion, no action was taken.
TOWN COUNCIL TO ADOPT AN ORDINANCE FROM T.U. ELECTRIC AND P.U.C.
APPROVING A PROPOSED RATE REDUCTION APPLICABLE TO GENERAL LAW
CITIES:
Following discussion, Council Member Glaspell moved to adopt the rate reduction ordinance
withthe inclusion of a most favored nations clause. Mayor Pro Tem Engelbeck seconded; motion
passed unanimously.
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION
REGARDING AN APPLICATION FOR A SIGN PERMIT FOR A TEMPORARY
PERIOD BY DEL B. WALLER OF TEXAS NATIONAL BANK, 95 TROPHY CLUB
DRIVE:
Following discussion, Council Member Decker moved to approve the sign permit for a 30 day
period. Council Member Glaspell seconded; motion passed unanimously.
DISCUSSION OF RESIGNATION OF MEMBER OF HOME RULE CHARTER
COMMISSION AND APPOINTMENT OF REPLACEMENT MEMBER, AND TAKE
APPROPRIATE ACTION:
The following citizens addressed the Council concerning this agenda item:
► Billy Hughes 216 Inverness Dr.
► John K. Taber 505 Indian Creek Dr.
► Harry Dayton 103 Fairway Village Dr.
► Walter Fitzpatrick 7 Creekmere Dr.
Following discussion, no action required, no action taken.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
THE Y.M.C.A./COMMUNITY BUILDING NEWSPAPER ARTICLE. ( COUNCIL
MEMBER DECKER):
The following citizens addressed the Council concerning this agenda item:
► Bill Lewis Publisher/Keller Citizen
► Gary Tomlin 208 Fresh Meadow Dr.
► Billy Hughes 216 Inverness Dr.
Following discussion, no action required, no action taken.
Page 4 Town Council Meeting January 20, 1998
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
REBIDDING THE CONTRACT FOR MEDIAN LANDSCAPING AND PARK
MAINTENANCE. (COUNCIL MEMBER CARR):
Following discussion, this item was tabled.
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION
REGARDING THE THREE (3) ESTIMATES FOR JOGGING/BIKE LANES ON
TROPHY CLUB AND INDIAN CREEK DRIVES. (COUNCIL MEMBER CARR):
The following citizens addressed the Council concerning this agenda item:
► Roger Unger 102 Carnoustie Dr.
► Walter Fitzpatrick 7 Creekmere Dr.
► Billy Hughes 216 Inverness Dr.
Following discussion, Council Member Carr moved to direct the Town staff to get bids for
jogging/bike lanes on Trophy Club and Indian Creek Drives. Council Member Glaspell
amended the motion to include the additional travel study on Indian Creek Drive and any
information we can get from other communities pertaining to use and routes of jogging/bike
lanes including ordinances. Amended 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). SECTION
551.071 (PENDING OR CONTEMPLATED LITIGATION) TO RECEIVE LEGAL
ADVICE AND 551.072 (FOR A DELIBERATION REGARDING REAL
PROPERTY):
A. TO DISCUSS PENDING OR CONTEMPLATED
LITIGATION REGARDING SERGIO SHEARER, ET AL V.
HA WKEYE PROPERTIES, INC.
B. TO DISCUSS THE REAL PROPERTY EXCHANGE
AGREEMENT BETWEEN TROPHY LAKE, LTD., THE
TOWN OF TROPHY CLUB, TEXAS AND THE
NORTHWEST INDEPENDENT SCHOOL DISTRICT.
The Council adjourned into closed session at 8:47 p.m.
RECONVENE INTO OPEN SESSION:
The Council reconvened into open session at 9:32 p.m.
Page 5 Town Council Meeting January 20, 1998
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION TO DISCUSS AND
TAKE APPROPRIATE ACTION REGARDING SERGIO SHEARER, ET AL V
HA WKEYE PROPERTIES, INC.
John Hill, Town Attorney, explained that there had been a hearing in the Denton County District
Court and an injunction had been filed by the Town. The District Court ordered an additional 45
days to comply and clean up the site at 241 Oak Hill Dr. The Court instructed that the Shearer's
provide weekly progress reports. A hearing will be held after March 2, 1998 to determine if the
Shearers are in contempt of the Court order.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING THE REAL PROPERTY EXCHANGE AGREEMENT BETWEEN
TROPHY LAKE, LTD., THE TOWN OF TROPHY CLUB, TEXAS AND THE
NORTHWEST INDEPENDENT SCHOOL DISTRICT.
Following discussion, Council Member McCabe moved to accept the real property exchange
agreement between Trophy Lake, Ltd., the Town of Trophy Club, Texas and the Northwest
Independent School District. Council Member Decker seconded; motion passed unanimously.
CONSENT AGENDA: ALL MATTERS LISTED UNDER AGENDA ITEM 20.,
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. FINANCIALS ENDING DECEMBER 31, 1997
There was no discussion, Council Member McCabe moved to accept the Consent Agenda item.
Mayor Pro Tem Engelbeck seconded; motion passed unanimously.
PRESENTATIONS BY COUNCIL:
Mayor Carter asked the Council to consider making the Associate Judges office a non -
compensated position.
Council Member McCabe asked a question about the sign outside the Executive Suites. Cathy
Morgas, Planning and Zoning Administrator addressed this question and explained the current
course of action being taken by the P&Z. Ms. McCabe also asked about the per occurrence fines
and what course of action repeat offenders are given. Attorney Hill addressed this question and
explained the options available to the Town.
Mayor Pro Tem Engelbeck updated the Council on the current activities of the Finance
committee.
Mayor Carter informed the Council that he had filed for a place on the ballot for Denton County
Commissioner, Precinct 4.
Page 6 Town Council Meeting January 20, 1998
Council Member Decker asked the Council to think about an animal holding shelter and the
necessity of written procedures for this and the 1500 registered pets in the Town. This would be
about a $15,000 item.
ADJOURN:
The next meeting on February 3, 1998 will be a workshop with the Northwest Independent
School District Board. Council Member Decker inforined the Council that he would be
unavailable for this meeting.
The next regularly scheduled Council meeting will be February 17, 1998.
Council Member Decker moved to adjourn at 9:30 p.m. Council Member Glaspell seconded;
motion passed unanimously.
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(Seal)
Town Secretary
2/24/98 klm