Minutes TC 02/21/1995MINUTES OF REGULAR TOWN COUNCIL MEETING
TROPHY CLUB, TEXAS
FEBRUARY 21, 19'---15
THE STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in
a regular session on Tuesday, February 21, 1995. The meeting
was held within the boundaries of the Town and was open to
the Public.
Council Members Present:
Jim Carter Mayor
Marshall Engelbeck Council Member
Doug Glaspell Council Member
Gene Hill Mayor Pro Tem
Patti Stoltz Council Member
Council Member Moore was unable to attend due to other
business.
Also present were guests and staff members:
Donna Welsh
John Hill
Pauline Shaw
Bill LeGrand
David Miller
Karen Sadri
Mike Hamper
Carolyn King Daughtry
Gary Teague
Town Manager
Town Attorney
Planning and Zoning
Administrator
Director of Public Works
Interim Chief of Police
Town Secretary
Chairman of Planning and Zoning
Commission
Regional Manager, Harron
Cablevision of Texas
Teague, Nall and Perkins, Inc.
Town Consulting Engineers
Town Treasurer, Jack Jacobs, 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,
guests, and staff.
INVOCATION
An Invocation was given by Interim Chief of Police Miller.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS
The pledge of allegiance to the American and Texas Flags was
led by Council Member Stoltz.
Page 2' Regular Town Council Meeting, 02/21/195
CAR0LYN KING DAU8HTRy, REGIONAL MANAGER FOR HARR0N
CABLEVZ5IOW OF TEXAS, TO DIS ---USS CABLE SERVICE T() TR0PHY CLUB
RESIDENTS.
After presenting the �ouncil Members with a brief company
history and distributing the mos -c current brochures` Mo~
DauQhtry took an immediate proactive stand regarding service
to Trophy Club. She pinpointed the problem of the past five
months to frequent cut cables. The company is doing the
following for solutions:
�
more dig tests
* billing the individual contractors
* trying to find one company to coordinate
the location of all cables including
telephone and electrical on one grid map
� initiating Town committee meetings
Ms. Dmughtry then introduced her staff for this area and
welcomed any questions. As the Council had few questions'
Mayor Pro Tom Hill reminded the field representatives to
collect discarded cable boxes scattered throughout the Town.
TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE
TOWN OF TROPHY CLUB, TEXAS CALLING A GENERAL ELECTION TO BE
HELD ON MAY 6, 1995 FOR THE PURPOSE OF ELECTING A MAYOR FOR A
TWO (2) YEAR TERN AND TWO (2` COUNCIL MEMBERS FOR TWO (2)
YEAR TERMS EACH; DESIGNATING A PULLING PLACE WITHIN SAID
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.
Mayor Pro Tem Hill made a motion to adopt this ordinance
calling a general election for May 6th. Council Member
Qlaspgll seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER THE ADOPTION ON AN ORDINANCE OF THE
TOWN OF TROPHY CLUB, TEXAS ESTABLISHING SIGN REGULATIONS
RELATING TO THE TYPE, HEIGHT, LOCATION, SIZE AND DURATION OF
USE OF SIGNS, INCLUDING POLITICAL` REAL ESTATE, AND
COMMERCIAL SIGNS; REGULATING GRAFFITI; REPEALING ORDINANCE
NO. 94-20 RELATING TO SIGNS; PROVIDING A SEVERABILITY CLAUSE'
PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($i.00' NOR
MORE THAN FIVE HUNDRED DOLLARS '$500-08\ FOR EACH OFFENSE;
PROVIDING AN EFFECTIVE DATE.
Nike Hamper' Chairman Of the Planning and Zoning Commission,
reviewed the following intentions of the Committee:
* bring sign quality rather than sign clutter
to the Town
�
create a level playing
property sellers
�
real estate signs only
property for sale
� directional signs only
like the Club at Trophy
field for all
placed on the
for essential areas
Club' ohurches'
3, Regular iar Town Council Meeting, 02/21/9-5
town buildings and parks
in response to Council Members Engelbeck, Stoltz and-
Glaspell's questions, Chairman Hamper stated that the
Planning and Zoning Commission recommends that on-iy reai
estate directional signs be eliminated and doesn't know of
other cities who have done this.
Real estate sales representatives Ed Tweedie of Trophy Club
Realtors, George Bryant and Holly Neal of Ebby Halliday, and
Maryann Michaelson of Prudential expressed concerns regarding
the omission of directional signs which they feel are
essential for open houses and week -end sales leads. Also
sign riders for amenities, agent's name and phone number are
needed to sell pre -owned homes. Another helpful marketing
tool is the information box attached to the sign. The
representatives did agree That definite and enforceable rules
are needed, but encouraged the Council to remain open minded
to outside Realtors and builders new to the ne area.
Builder Phil Salyer of Salyer and Associates suggested the
need of both real estate and builder/developer signs on each
property to ensure the success of the small businessman.
Hap Baggett, V. P. of developer Beck Properties, inc.
challenged the Council to maintain impartial straight across
the board enforcement control. Sign compliance should be
required of all real estate agents, builders and developers.
During the discussion period Council Member Engelbeck
adamantly opposed the sign changes because it discourages
development and discriminates against the builder/developer.
Mayor Pro Tem Hill felt that lax enforcement is the main
concern. He suggested that a generic open house sign be
placed at major thoroughfares, secondary streets, and on the
sale property to limit the number of directional signs.
Council Member Glaspell also expressed concern regarding
control and the need for rider clarification. He then
suggested a registration process.
Council Member Stoltz stated the need for sign riders, size,
and directionals. She recommended the current limit of three
directionals but not on the medians. She then asked that
this ordinance be tabled.
Chairman Hamper reminded the Council that the Planning and
Zoning Commission does not enforce an ordinance, but reviews
its history to determine how to solve a current problem in a
fair, equitable, and enforceable manner.
As there was no other discussion, Council Member Stoltz made
a motion to table this ordinance until the March meeting and
return it to the Planning and Zoning commission to further
consider a per cent of tolerance as to size, riders,
directionals, and quantity of signs. Council Member Glaspell
Page 4, Regular Town Council Meeting, 02/21/'u
seconded; motion passed unanimously
TOWN COUNCI L TO CONS IvER I HE AuUP i IV^J OF A RESOLUTT -N O THE
TOWN OFRUPHY CLUE, TEXAS APPR-iVIG AND ACCEPTINS A CONTRACT
IN THE AMOUNT OF THIRTY TH�__USAiNDA Nei%1uu DOLLARS
�$u,U0u.v0j FOR ENGINEERING SERV"ICES BY AND BETWEEN THE TOWN
AND TEAGUE, NALL AND PERKINS, INC. FOR THE PURPOSE OF
DETAINING DIGITAL AERIAL TOPUGRAPHIC MAPPING OF THE CORPORATE
LIMITS --OF THE TOWN; AUTHORIZING AND DTRECTING THE MAYOR TO
EXECUTE THE SAID CONTRACT ON BEHALF (DF THE TOWN; PROVIDING AN
EFFECTIVE DATE.
Gary Teague of Teague, Nail and Perkins, Inc. explained what
a tremendous aid topographic mapping is to engineers. It
limits expensive field surveys, identifies drainage problems
for new development and any existing ones that need
correcting, and aids in planning and designing the Town and
surrounding areas.
Chairman Hamper speaking for the Planning and Zoning
Commission highly recommended Teague, Nall and Perkins, Inc.
because of their history with the Town. They will bring
tremendous savings and benefits in the most accurate way.
Mayor Pro Tem Hili and Council Member Engelbeck were informed
that the extensive drainage study is stili valuable and
available for review at the Teague, Nall and Perkins, Inc.
office.
Then Mayor Pro Tem Hili made a motion to adopt the resolution
approving the contract. Council Member Glaspell seconded;
motion passed unanimously.
TOWN COUNCIL TO CONSIDER THE ADOPTION OF A RESOLUTION OF THE
TOWN OF TROPHY CLUB, TEXAS ACCEPTING A BID FROM AND AWARDING
A BID TO PAVEMENT SPECIALISTS, INC. FOR CERTAIN STREET
REPAIRS (.iOINT/CRACK SEALING) IN THE AMOUNT OF ONE HUNDRED
SEVENTY ONE THOUSAND FIVE HUNDRED FIFTY TWO AND 75/100
($171,552.75); AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
A CONTRACT FOR THE SAID STREET REPAIRS WITH PAVEMENT
SPECIALISTS, INC.; PROVIDING AN EFFECTIVE DATE.
Greg Webb of the Public Works Committee informed the Council
that 3 bids had been submitted for contract 1 of phase 1 for
bond street repairs. The lowest bidder, Costello Industries,
was disqualified due to incorrect completed forms. Because
of these irregularities, the committee recommended the second
lowest bidder, Pavement Specialists, Inc.
Scott Griffith, Attorney for Costello Industries, petitioned
the Council to waive this irregularity. When Costello
industries was informed that it and not the Town was to
specify the number of days and monetary amount of liquidated
damages to complete the job; the company representative tele-
phoned the answers to Teague, Nall and Perkins, Inc. This
conversation occurred fifteen minutes after the bid readings.
Attorney Griffith contended that the Council consider the
Page F, Pegular Town Council Mieetl no , 021*111 /95
important facts that. Costello industries was the low bidder
with the shortest completion time.
Frank Costello, owner of Costello industries, came from the
-
Last to address the Council. He felt that, the bid
specifications lacked c;ear instructions, and that league,
Nall and Perkin's, and his company's representatives
miscommunicated their needs. He asked the Council to
consider this an honest omission and to judge his company
-Fairly and squarely by the numbers submitted.
Resident George Gafford of 127 Carnoustie Drive asked the
Council to help the tax payer by awarding the bid to Costello
industries ies because of having the lowest cost with the
shortest completion time.
After much deliberation the Council agreed that the other
bidders did not have problems with the bid specification
instructions, and that all three were qualified and competent
competitors.
Council Member Engelbeck then made a motion to award the bid
to Pavement Specialists, inc. Council Member Stoltz
seconded; motion passed unanimously.
CONSENT AGENDA
As the Consent Agenda deemed little deliberation, Mayor Pro
Tem Hill made a motion to approve it as it stands. Council
Member Glaspell seconded; motion passed unanimously.
The approved items are as follows:
A. Proclamation declaring April 1995, Sexual
Assault Awareness Month in Texas.
B. Adoption of an ordinance of the Town of Trophy
Club, Texas amending C)rdinance No. 92-08
relating to the regulation of motor vehicles
and traffic by amending section 4.A thereof
relating to the location of stop signs by
adding additional locations as described
herein for the placement of a stop sign;
providing a savings clause; providing a
severability clause; providing an effective
date.
C. Approving the first amendment to the Emergency
Law Enforcement Services Agreement between the
City of Westlake and the Town of Trophy Club.
(Resolution 93-15).
D. Minutes of the january !7, 1995 joint Session
Town Council/Municipal Utility Districts One
and Two/Northwest independent School District.
I:, I � 1131 /95
Z I narci a I reports Ending - 0
Page 6, Regular Town Council Meeting, 02/21/95
CLOSED -D-0 OR SESSION TOWN COUNCIL TO CONDUCT A CLOSED -DO -OR
U ,,
SESSION IN" ACCORDANCE WITH CHAPTER 551, GUVERNMfENT
V E R N S T A A S CODES, D E S , A t,41 N 0 T A T E 1D P E N M, E T S A W
,, SECTION
551.u14 PER-S'DNNEL
A. TO CONSIDER THE APPOINTMENT
PPOINTMENT OF A MEMBER TO THE
PARKS AND RECREATION COMMITTEE.
The closed -door session convened at 9:35 p.m. with
Mayor Carter requesting that Public Works Director, Bill Le
Grand remain in attendance. Discussion ensued regarding the
appointment to the Parks and Recreation Committee.
RECONVENE INTO OPEN SESSION: TOWN COUNCIL TO RECONVENE INTO
REGULAR SESSION TO TAKE NECESSARY ACTION REGARDING THE
MATTERS DISCUSSED IN CLOSED -DOOR SESSION PURSUANT TO AGENDA
ITEM A.
The open session reconvened at 9:44 p.m. No action was taken
by the Council.
PRESENTATIONS BY CITIZENS
No presentations were given by the citizens.
STAFF AND COMMITTEE REPORTS
john Carter, Chairman of the Finance Committee, informed the
Council that the committee will meet on March 2nd.
Pauline Shaw, Planning and Zoning Administrator, reported
9 new building starts in February and 11 in January.
Town Manager, Donna Welsh, added that the five year plan
will be discussed on March 2nd, and a finance committee
member will be assigned to a Town department. Also, the Town
Attorney will soon be filing a petition regarding the East
Entrance.
PRESENTATIONS BY COUNCIL
Council Member Stoltz updated everyone on the Town's Birthday
Party. The ten year celebration will be the last Sunday in
April at Harmony Park from I to 4 p.m.
ADiOURN
Mayor Pro Tem Hill made a motion to adjourn at 10:00 p.m. and
meet on March 21st at 7:00 p.m.; Council Member Glaspell
seconded; motion carried u_nan-io �ull
M A Y 0 R CARTER
TOWN SECRETARY