Minutes TC 03/03/1998MINUTES OF
PUBLIC HEARING/
REGULAR TOWN COUNCIL MEETING
TOWN OF TROPHY CLUB, TEXAS
March 3, 1998
THE STATE OF TEXAS §
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The Town Council of the Town of Trophy Club, Texas met in a public hearing/regular session Tuesday,
March 3, 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
Edwin "Ed" Decker
Susan H. McCabe
COUNCIL MEMBERS ABSENT:
Kevin Carr
STAFF AND GUESTS PRESENT:
Donna Welsh
Karen Sadri
Bill LeGrand
Greg Guilluame
John Hill
Roger Unger
Lou Opipare
Gene Hill
CALL TO ORDER:
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Town Secretary
Director of Public Works
Senior Accountant
Town Attorney
Municipal Utility District Manager
Chief, TCFD/Info. Systems Specialist
Resident/Planning & Zoning Commissioner
Mayor Carter called the meeting to order at 7:03 p.m., noting a quorum was present.
INVOCATION:
Don Brady, 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 Gene Hill, Planning
and Zoning Commissioner.
TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS TO CONDUCT A PUBLIC
HEARING TO ANNEX CERTAIN PROPERTY (11.598 acres) WHICH IS CONTIGUOUS TO
THE TOWN OF TROPHY CLUB AND WITHIN ITS EXTRATERRITORIAL JURISDICTION;
LIES NORTH OF HIGHWAY 114, WEST OF T.W. KING ROAD, AND EAST OF EAGLES
RIDGE, A SUBDIVISION IN THE NORTHEAST CORNER OF THE TOWN OF TROPHY
CLUB:
Page 2 Town Council Meeting March 3, 1998
Council Member Glaspell moved to open the Public Hearing at 7:04 p.m. Council Member Decker
seconded; motion passed unanimously.
There were no citizen presentations or comments.
TOWN COUNCIL TO ADJOURN PUBLIC HEARING AND CONVENE INTO REGULAR
SESSION:
Council Member Decker moved to close the Public Hearing at 7:06 p.m. Council Member Glaspell
seconded; motion passed unanimously.
REGULAR SESSION
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
WESTLAKE BOUNDARY AGREEMENT:
John Hill, Town Attorney, asked the Council to pass on this item.
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 ONANYPRESENTA TIONMADE 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 citizen presentations.
STAFF AND COMMITTEE REPORTS:
Mayor Carter commented on the appearance of the soccer fields and commended Bill LeGrand, Jasper
Hayes and the staff for their time and efforts.
Karen Sadri, Town Secretary, reported on the candidates who have filed for the available positions for
Town Council (Bill Rose), MUD1 (Dave Robison) and MUD2 (John Robinson).
Lou Opipare, Chief, TCFD, reported that Richard Todd and Justin Sifford had started EMS training.
TOWN COUNCIL TO ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS RECOGNIZING AND ACCEPTING RESOLUTION NO. 97-0722
OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RELATING TO THE
SELECTION BY THE DISTRICT OF THE TOWN AS THE MUNICIPALITY TO EXERCISE
AUTHORITY WITHIN THE DISTRICT AS A WHOLE; ACCEPTING AS A PART OF THE
TOWN'S EXTRATERRITORIAL JURISDICTION, TO THE FULLEST EXTENT ALLOWED
BY LAW, THAT PORTION OF THE SAID DISTRICT LOCATED OUTSIDE OF THE TOWN'S
CORPORATE LIMITS; PROVIDING AN EFFECTIVE DATE:
John Hill, Town Attorney, explained that the land outside of the Town Ilinits could be annexed by the
MUD'S. Mr. Hill's recommendation to the Council was to adopt the resolution and support the
annexation.
Following discussion, Council Member Engelbeck moved to adopt an ordinance of the Town Council of
the Town of Trophy Club, Texas recognizing and accepting Resolution No. 97-0722 of the Trophy Club
Municipal Utility District No. 1 relating to the selection by the District of the Town as the municipality
to exercise authority within the District as a whole; accepting as a part of the Town's extraterritorial
jurisdiction, to the fullest extent allowed by law, that portion of the said District located outside of the
Town's corporate limits; providing an effective date. Council Member McCabe seconded; motion
passed unanimously.
Page 3 Town Council Meeting March 3, 1998
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
INTEGRATED COMPUTER SYSTEM PRESENTATION BY LOU OPIPARE, INFORMATION
SYSTEMS SPECIALIST:
Lou Opipare, Information Systems Specialist, gave a presentation to the Council.
Following discussion, the consensus of the Council was to move forward with preparations for a bid
package including a scope -creep.
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:
A. Sam McDaniel 105 Skyline Drive
Sam McDaniel, 105 Skyline, explained his reasons for requesting the waiver to the fence ordinance.
Following discussion, Council Member Glaspell moved to deny the request for waiver to the ordinance.
Council Member Engelbeck seconded; vote was split and does not pass. Council Members Glaspell and
Englebeck voted against and Council Members Decker and McCabe abstained. Attorney Hill explained
that since there was no majority vote for or against, there is no variance granted.
TOWN COUNCIL TO RECEIVE A PRESENTATION FROM RON HOBBS, ARCHITECT,
REGARDING THE CORPS OF ENGINEERS LAND FOR POSSIBLE PARK USAGE:
Dennis Sims, of Duncan, Sims, Staffel, representative for Ron Hobbs, presented a "very loose concept
plan" for the Corps property.
The property involved is approximately 300 acres, which could include a softball complex, baseball
complex, hike and bike trails, community center and maybe even a small amphitheater.
Mr. Sims, estimated the total cost at 4-6 million dollars, which could be broken up into phases. Mr. Sims
also acknowledged that Municipalities do lease land from the Corps of Engineers in other areas.
Following discussion, the Council directed Bill LeGrand, Director of Public Works, to move forward
with the necessary steps connected with Corps. regulations. Also to include budgetary cost analysis.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A CODE
ENFORCEMENT PRESENTATION BY LOU OPIPARE, FIRE CHIEF, TCFD:
Lou Opipare, Chief, TCFD, gave a presentation to the Council regarding Code Enforcement procedures.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
FEBRUARY 17, 1998 PRESENTATION BY BILLY HUGHES, CHAIRMAN OF THE PARKS
AND RECREATION COMMITTEE, ON THE POSSIBLE USES FOR THE 9 ACRES OF LAND
BETWEEN THE NWISD MIDDLE AND INTERMEDIATE SCHOOLS. (COUNCIL MEMBER
MCCABE)
Billy Hughes, Chairman of the Parks and Recreation committee addressed the Council about his
concerns regarding recent newspaper articles concerning the proposed community center and the costs
attached to it. Mr. Hughes explained that the Parks committee was still gathering infonnation and doing
more research before coming back before the Council.
During the ensuing discussion, Mr. LeGrand, Director of Public Works, recommended a plat be created
so the current and future Councils would know how the land was to be used.
Page 4 Town Council Meeting March 3, 1998
No action taken.
TOWN COUNCIL TO DISCUSS 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)
The following citizens addressed the Council regarding this item:
► Walter Fitzpatrick 7 Creekmere Dr.
► Scott Voight 540 Timber Ridge Dr.
Council Member Decker explained that he wanted to assure everyone there are no evil intentions in
restructuring the Public Safety committee. Mr. Decker would like to see the Public Safety committee to
include those functions involved in Public Safety. (EMS, Police, Fire and C.O.P.s, Police Auxiliary and
the Schools and Annette Bush, Westlake representative)
Council Member Decker moved to send a letter to the existing Public Safety committee members
thanking them for their activities on our behalf, which is hereby acknowledged, and that a new Public
Safety committee be appointed consisting of the necessary functions discussed earlier. Further, I hereby
nominate: Julie Chambers, Danny Thomas, Bill Rose, Betty Maulding, Bob Tate, Scott Voight and
Annette Bush as the new Public Safety with the staff liaison being David Miller, Director of the
Department of Public Safety. Council Member Glaspell seconded; motion does not pass. Council
Member Decker voted for, Council Member Engelbeck voted against and Council Members Glaspell and
McCabe abstained.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
RESIGNATION FROM THE TOWN COUNCIL BY DOUG GLASPELL:
The following citizens addressed the Council:
Gene Hill Resident/Planning & Zoning Commissioner
Council Member Glaspell's statement to the Council was " I'd like to say, the opportunity to serve the
people has been fantastic, a very interesting experience and a good learning experience, and I only hope
that some of the things I've done will turn out positive and overshadow those that maybe have not
always reflected the best decisions. I think this is a tremendous community. This community has
something special and unique in the way it's configured and the quality of the community. 1 hope that
even though I will not be a resident here, I hope that you can maintain that, and this ------ an issue as far
as cost, but I think that any time that you are going to live in a Cadillac you are going to pay a little extra
for it, and I think it is well worth it. I certainly hope that the future of the community continues to move
in that direction. You guys, have been super and we have had a lot of interesting discussions, and I think
the last two or three years have probably been totally different than the first three years I served on here,
when we didn't have that much going on. It has just been an outstanding time, and I think we still have a
lot before us, and I'll certainly miss not having the opportunity to participate in that.
Mayor Carter confirmed that Mr. Glaspell's last meeting will be March 17, 1998, and the Council would
say their goodbyes at that time.
Council Member McCabe moved to accept the resignation of Council Member Doug Glaspell, effective
March 17, 1998. Council Member Engelbeck seconded; motion passed. Council Members Engelbeck,
McCabe and Decker voting for and Council Member Glaspell abstained.
Page 5 Town Council Meeting March 3, 1998
CONSENT AGENDA: ALL MATTERS LISTED UNDER THE 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 January 20, 1998
B. Minutes of February 17, 1998
Council Member Glaspell moved to accept the Consent Agenda. Council Member Decker seconded;
motion passed unanimously.
PRESENTATIONS BY COUNCIL:
Council Member Engelbeck asked the status of,
► checking the loads on streets.
No response available, Chief David Miller not in attendance.
► Hwy. 114 at State level and by communities.
Mayor Carter, Council Member McCabe and District Manager Unger addressed this item.
The Council took a break at 9:47 p.m.
The Council reconvened at 9:52 p.m. and went into closed session.
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
HAWKEYE PROPERTIES, INC.
B. TO CONSULT WITH THE TOWN ATTORNEY REGARDING
ANNEXATION BY THE CITY OF SOUTHLAKE AND
POTENTIAL LITIGATION IN CONNECTION THEREWITH.
RECONVENE INTO OPEN SESSION: TOWN COUNCIL TO TAKE APPROPRIATE
ACTION REGARDING MATTERS DISCUSSED IN CLOSED DOOR SESSION,
PURSUANT TO:
The Council reconvened into open session at 10:07 p.m.
A. LITIGATION REGARDING SERGIO SHEARER, ET AL V. HAWKEYE PROPERTIES,
INC.
No action taken.
B. TO CONSULT WITH THE TOWN ATTORNEY REGARDING ANNEXATION BY THE
CITY OF SOUTHLAKE AND POTENTIAL LITIGATION IN CONNECTION
THEREWITH.
No action taken.
Page 6 Town Council Meeting March 3, 1998
�1 lNMAN
Council Member Glaspell moved to adjourn at 10:10 p.m. Council Member Decker seconded; motion
passed unanimously.
(Seal)
Town Secretary
03/26/98 klm