Minutes P&Z 09/05/1995 - Joint Public HearingMINUTES OF PUBLIC HEARING/TOWN COUNCIL MEETING
TOWN OF TROPHY CLUB, TEXAS
SEPTEMBER 5, 1995
THE STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas met in
a Public Hearing/Meeting on Tuesday, September 5, 1995. The
meeting was held within the boundaries of the Town and was
open to the Public.
Council Members Present:
Jim Carter Mayor
Gene Hill Mayor Pro Tem
Marshall Engelbeck Council Member
Doug Glaspell Council Member
Cotton Moore Council Member
Patti Stoltz Council Member
Commission and Committee Members Present:
Mike Hamper
Chairman, Planning and Zoning
Commission
Vance Booker
Co-chairman, Planning and
Zoning Commission
Larry Hutto
E.M.S. Committee Member
John Carter
Chairman, Finance Committee
Robert Burns
Finance Committee Member
Mark Chambers
Public Safety Committee Member
Nestor Karlis
Chairman, Public Works
Committee
Charles Kirby
Public Works Committee Member
Also present were guests and staff members:
Donna Welsh
John Hill
Jack Jacobs
Pauline Shaw
David Miller
Bill LeGrand
Karen Sadri
Diane Cockrell
Barbara Allen
James Johnson
Mike Cherryhomes
Kelly Johnson
Lee Delk
Tessa Cofer
Carl Threlkeld
James Turk
Chris Almonrode
Shadow
Town Manager
Town Attorney
Town Treasurer
Planning & Zoning Administrator
Police Chief
Public Works Director
Town Secretary
Court Administrator
Court Clerk
Police Sergeant
Police Detective
Police Officer
Police Officer
Police Officer
Police Officer
Reserve Police Officer
Reserve Police Officer
K-9 Officer
Page 2, Public Hearing/Town Council Meeting/09/05/95
Gary Teague Town Engineer, Teague, Nall
and Perkins, Inc.
Bill Rose Citizen for Speed Humps
E.M.S. Lieutenant, Julie Chambers, was unable to attend.
CALL TO ORDER.
Mayor Carter called the meeting to order at 7:00 p.m. noting
a quorum was present. He then welcomed Council Members,
Commissioners, Committee Members, guests, and staff.
INVOCATION.
An Invocation was given by John Carter, Finance Committee
Chairman.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS.
The pledge of allegiance to the American and Texas Flags was
led by Mike Hamper, Chairman of the Planning and Zoning
Commission.
Before the Council attended to the agenda items, Mayor Carter
announced that Dr. Jimmy McLeod, Senior Pastor of the First
Baptist Church in Trophy Club, had a stroke in his eye during
the week -end. He encouraged those present to send greetings
to Pastor McLeod.
POLICE DEPARTMENT TO PRESENT AWARD OF EXCELLENCE TO
DEPARTMENT K-9 OFFICER, SHADOW.
With great pride and enthusiasm, Police Chief Miller
introduced the Town's narcotics K-9 officer and presented a
list of his recent drug seizure accomplishments. Both Shadow
and his trainer/care taker, Detective Mike Cherryhomes,
received the Sigma Pseudo Awards of Excellence certificates.
Sigma Pseudo Narcotic Scents from the Sigma Chemical Company
were used for marijuana, cocaine, and heroin in the training
of officer Shadow.
Chief Miller then introduced his staff by having each
stand as the officer's name was called.
PUBLIC HEARING: TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TO
CONDUCT A PUBLIC HEARING ON THE BUDGET FOR FISCAL YEAR
OCTOBER 1, 1995 TO SEPTEMBER 30, 1996.
Mayor Pro Tem Hill made a motion to open the Public Hearing
at 7: 10 p.m. Council Member Glaspell seconded; motion
carried unanimously.
Town Manager Welsh announced that all the requested changes
had been made to the budget.
Page 3, Public Hearing/Town Council Meeting/09/05/95
At this time Debi Sovereign of 12 Skyline Drive, requested
that the Council consider adding an expense line to the
Budget to repair exposed sewer pipe line in the Timberline
Creek area. The M.U.D. has been ineffectual regarding a
permanent solution to the flooding, debris, and open drainage
ditch situation. She also asked them to consider issuing a
new bond to pay for the $ 575,000.00 permanent repair work.
Town Manager Welsh informed the Council that the M.U.D.
intends to remove the pipe line from the Creek in the near
future.
As no other questions, comments, nor discussion ensued from
the Town Council, Staff, and Finance Committee concerning the
budget, Mayor Pro Tem Hill made a motion to close the Public
Hearing at 7:22 p.m. Council Member Glaspell seconded;
motion passed unanimously.
At this time Mayor Carter asked to proceed to agenda item 8
to maintain continuity with adopting the proposed budget.
TOWN COUNCIL TO CONSIDER AN ORDINANCE APPROVING AND ADOPTING
THE BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND
ENDING SEPTEMBER 30, 1996, AND MAKING APPROPRIATIONS FOR EACH
DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
Town Treasurer, Jack Jacobs, encouraged the Council to agree
to the Staff recommendations and proposed budget. He claimed
that dropping the overall tax rate by .01 cent from .4261 to
.4161 will cause no substantial hardship to the reserves and
fund balances. Finance Committee Chairman, John Carter,
concurred with this assessment.
Mayor Pro Tem Hill then proposed that the Operating and
Maintenance tax rate be dropped by one-half cent from
.3361 to .3311 and these figures be reflected as additional
short fall.
Discussion ensued and Council Member Engelbeck confirmed that
the Interest and Sinking tax rate was dropped by .01 from .09
to .08 and that the Operating and Maintenance by one-half
cent from .3361 to .3311 for an over all tax rate of .4111.
Mayor Pro Tem Hill then made a motion to adopt the 1995-1996
proposed budget with the proposed revised tax rate amounts
and short falls. Council Member Glaspell seconded; motion
passed unanimously.
Mayor Pro Tem Hill commended the Committees and Staff for the
conservative approach taken for projected actuals and over
all expenditures on the current and newly adopted budgets.
Mayor Carter then returned to agenda item 7.
Page 4, Public Hearing/Town Council Meeting/09/05/95
MR. BILL ROSE OF 219 INVERNESS DRIVE TO ADDRESS THE TOWN
COUNCIL REGARDING SPEED HUMPS.
Mr. Rose summarized the following steps regarding a request
for speed humps:
93 % of the residents on Inverness Drive
signed a petition for speed humps to make
the street safer
Both the Public Safety and Public Works
Committees have discussed the request
The Council and Committees were supplied a
handbook called Residential Traffic Control
which Tampa, Florida currently uses
Mr. Rose asked the Council to assemble a task force to
create a similar plan for Trophy Club. He believes that the
increased volume of traffic at excessive speeds needs to be
addressed.
Mark Chambers, substituting for Public Safety Committee
Chairperson, Bonnie Jacobs, relayed the Committee's
recommendation to hold speed humps in abeyance. Other
considerations include less expensive alternatives to speed
humps, rainfall drainage, parked cars on both sides of the
street, and other streets (Oakmont Drive and Carnoustie) that
have the same or more serious traffic problems.
Police Chief Miller assured Mr. Rose and the Council that the
department recognized the problem of reckless drivers on
Inverness of which the majority are non-residents.
Public Works Committee Chairman, Nestor Karlis, supported the
decision of the Public Safety Committee. He said it was
premature to make a recommendation until traffic flow and
volume and street irrigation problems were considered.
Gary Teague, Town Engineer of Teague, Nall and Perkins, Inc.,
reported that two traffic counts were conducted to establish
a base line for future evaluation.
Mr. Rose's rebuttal included the following:
Speed humps are as tall as a Coca-Cola can
and 6 feet long graded to a gentle incline.
Of fifty-three million autos using speed
humps no damage was reported.
Water flow is controlled by the design and
location of the hump to taper out short of
the gutter.
Page 5, Public Hearing/Town Council Meeting/08/05/95
Lowering a street's speed limit does not
change driving habits.
A 4 inch bump at 10 m.p.h. is not a hazard
to a person nor a machine.
Comments from Council Members were:
Council Member Moore was not convinced Inverness has a
major problem in comparison to Carnouotie and sections of
Trophy Club Drive. He wants to wait until the East Entrance
opens before making a final decision.
Council Member Engelbeck lived in an speed hump area
and expressed how irritating they were to residents and
how they hindered emergency vehicles. He then suggested
using pavement grooving like the D.F.W. Airport entrances.
Council Member Glamp*all supported lower speed limits and
transportable radar boxes posting the driver's m.p.h.
Mayor Carter complimented Mr. Rose on his thorough
research, educating others and commitment to this project.
He encouraged Nr. Rose to maintain his diligence and continue
to provide input. The Mayor also made a request about road
safety and asked Nr. Chambers to charge the Public Safety
Committee with traffic safety.
Mayor Pro Tem Hill stated that the consensus of the
Council was to return this project to the Public Safety
Committee to develop recommendations. The Council favored
input from the Public Works and Police Departments.
TOWN COUNCIL TO CONSIDER AN ORDINANCE ESTABLISHING
REGULATIONS GOVERNING THE CONSTRUCTION OF FENCES-"PR0VIUIN(�
DEFINITIONS; (1) REQUIRING A PERMIT AND PAYMENT OF A PERMIT
FEE, (2) ESTABLISHING HEIGHT REQUIREMENTS, (3) PROVIDING
REGULATIONS REGARDING THE LOCATION, TYPE, AND CONSTRUCTION OF
FENCES, (4) PROHIBITING THE CONSTRUCTION OF A FENCE ACROSS
PUBLIC PROPERTY, (5) PROVIDING FOR AN INSPECTION, (6)
PROVIDING MAINTENANCE REQUIREMENTS, (7) PROVIDING FOR APPEAL;
PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 92-05
RELATING TO FENCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($ 1.00) NOR
MORE THAN FIVE HUNDRED DOLLARS ($ 500.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING CN ON WHICH A VIOLATION OCCURS OR CONTINUES', PROVIDING
AN EFFECTIVE DATE.
Chairman of the Planning and Zoning Commission, Mike Hamper,
reported to the Council that this revised ordinance effects
all fences, no matter when built. He emphasized the
following sections:
fences versus retaining walls
Page 6, Public Hearing/Town Council Meeting/09/05/95
permit procedures
no construction of stockade wood nor picket fences
type of materials restricted to meeting the Uniform
Building Code specifications
fence maintenance and replacement
enforcement by building inspector
Following Chairman Hamper's recommendation to pass this
ordinance, Mayor Pro Tem Hill then made a motion to adopt the
fence ordinance as it stands. Council Member Moore seconded.
Before voting Council Member Stoltz made a motion to amend
Section 3. Fences, Part C. Type of Fence and Construction, by
omitting numbers 11 (wood stockade fences are not permitted)
and 12 (no fence or wall constructed of railroad cross -ties
shall be located such that it is visible from a public right -
of way). Council Member Engelbeck seconded.
Discussion ensued regarding normal/major maintenance and
repair and that the building inspector was qualified to make
any determinations. Prohibiting wood stockade fences would
cause hardship to current residents and those who can't
afford the new designated materials. Railroad cross -ties do
blend well with some types of landscaping.
Vance Booker of 99 Trophy Wood Drive supports this ordinance
except for the use of railroad cross -ties. They can be
attractive as retaining walls without financial hardship to
the resident.
Glenn Carlson of 11 Colonial Court noted that, if the
ordinance is passed without omitting numbers 11 and 12,
residents will be forced to do nothing for maintenance or to
let their fences deteriorate
Mayor Carter then called for a vote. Council Member Stoltz's
amended adoption to the fence ordinance passed with Council
Members Engelbeck, Glaspell, and Stoltz for, and Mayor Pro
Tem Hill and Council Member Moore against.
Because Council Member Engelbeck felt that the ordinance
needed to state explicitly its intent, he made a motion for
an additional amendment. His amendment included a
grandfather clause in the preamble with the effective date of
September 5, 1995; creating a positive statement regarding
Section 4. Retaining Wall Regulations, Part B. Type of
Retaining Wall and Construction, number I (no railroad cross
ties wall shall be located such that it is visible from a
public right-of-way); and rewording Section 2. Definitions,
Part C. to incorporate treated railroad type cross -ties.
Council Member Stoltz seconded; motion passed with Council
Members Engelbeck, Glaspell, and Stoltz for, and Mayor Pro
Tem Hill and Council Member Moore opposed.
The Mayor then called for a vote on the original motion
Page 7, Public Hearing/Town Council Meeting/09/05/95
including Council Members Stoltz and Engelbeck's amendments.
Mayor Pro Tem Hill and Council Members Engelbeck, Glaspell,
Stoltz for, and Council Member Moore opposed.
TOWN COUNCIL TO CONSIDER A RESOLUTION ACCEPTING A BID FROM AN
AND AWARDING A BID TO SILVER CREEK CONSTRUCTION COMPANY FOR
CERTAIN STREET REPAIRS (JOINT/CRACK SEALING) IN THE AMOUNT OF
TWO HUNDRED NINETY THREE THOUSAND TWENTY-FIVE AND NO/100
($ 293,025.00); AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE A CONTRACT FOR THE SAID STREET REPAIRS WITH SILVER
CREEK CONSTRUCTION COMPANY; PROVIDING AN EFFECTIVE DATE.
Public Works Director, Bill LeGrand, encouraged the Council
to accept the Public Works Committee's unanimous
recommendation of awarding the bid to Silver Creek
Construction.
Committee Chairman, Nestor Karlis, assured the Council that
the company comes highly recommended, even though it has not
done any previous work for the Town.
Town Engineer, Gary Teague, added that the Carrollton, Texas
based company provided a list of current projects whose
reference reports were outstanding. Also, a site visit
impressed Mr. Teague because of the quality of the equipment
and its maintenance.
As no discussion ensued, Council Member Glaspell made a
motion to accept and award the bid to Silver Creek
Construction Company. Council Member Engelbeck seconded;
motion passed unanimously.
TOWN COUNCIL TO AUTHORIZE THE FOLLOWING POLICE DEPARTMENT
LINE ITEMS TO GO OVER BUDGET:
30-5130 DUES, SCHOOLS, MEMBERSHIPS
30-5160 MISCELLANEOUS
30-5170 OFFICE SUPPLIES
30-8020 SMALL EQUIPMENT
30-8050 PROGRAMS/SPECIAL EVENTS
30-8070 UNIFORMS/ACCESSORIES
TOTAL
1,500.00
4,080.00
1,000.00
1,000.00
$ 10,080.00
AS A RESULT OF THE REVENUES RECEIVED BY AUCTION SALES THAT
WERE NOT BUDGETED FOR THE 1994-1995 FISCAL YEAR.
Mayor Carter reminded the Council about questioning
the transfer of revenues to expenditure line items. Town
Auditor, Jim Buxton, reported that it was an improper
Page 8, Public Hearing/Town Council Meeting/09/05/95
bookkeeping practice and had the money returned to revenues.
Mayor Pro Tem Hill then made a motion authorizing the Police
Department to go over budget on certain line items. Council
Member Glaspell seconded; motion passed unanimously.
TOWN COUNCIL TO AUTHORIZE THE FOLLOWING PARKS/PUBLIC WORKS
DEPARTMENT LINE ITEM TO GO OVER BUDGET:
40-7009 EAST ENTRANCE $ 49,574.10
AMOUNT TO BE FUNDED FROM PRIOR YEAR SURPLUSES NOT BUDGETED
FOR THE 1994-1995 FISCAL YEAR.
Public Works Director LeGrand explained that between the
$ 30,000.00 in East Entrance Carry Over and the $ 50,000.00
in East Entrance, it still leaves the payment to the
contractor short by the requested amount.
Council Member Engelbeck made a motion to accept going over
budget for the East Entrance. Mayor Pro Tem Hill seconded;
motion passed unanimously.
*PRESENTATIONS BY CITIZENS
Glenn Carlson of 11 Colonial Drive addressed the Council and
Staff about the construction debris and general litter
throughout Trophy Club. He spent 3 hours the previous Sunday
cleaning -up trash which he felt he wouldn't have to do, if
the codes were strictly enforced. Mr. Carlson requested that
signs and information be distributed to the residents to
remind them of the ordinances.
The Council assured Mr. Carlson that they are very aware of
the problem. The contractors who have been approached want
to police themselves or contend that the sub -contractors are
at fault. Council Member Engelbeck suggested that
inspections be refused or fines issued until clean-up is
done. The Public Works Committee suggested an adopt a street
program.
STAFF AND COMMITTEE REPORTS
Town Manager Welsh reminded the Council of the 7:00 a.m.
meeting on the 29th to approve the tax rate.
Nestor Karlis, Chairman of the Public Works Committee,
announced that Phase II of the bond street construction
will begin at the main entrance from Highway 114 to Indian
Creek Drive. Also, a clean-up sweeper in being considered
for this project.
*PRESENTATIONS BY COUNCIL
Council Member Engelbeck requested that the actual main
Page 9, Public Hearing/Town Council Meeting/09/05/95
entrance construction begin after the holiday season.
He also expressed appreciation to both M.U.D. Boards for
offering the consolidation of personnel and equipment during
the new budget year.
He then announced the next M.U.D/Town Consolidation meeting
for October 18th at 7:00 p.m.
ADJOURN
Mayor Pro Tem Hill made a motion to adjourn at 9:28 p.m. and
reconvene September 29th at 7:00 a.m. to adopt the tax rate.
Council Member Stoltz seconded; motion passed unanimously.
3M ORCARTER
TOWN SECRETARY