Minutes TC 08/19/1997MINUTES OF REGULAR TOWN COUNCIL MEETING
TOWN OF TROPHY CLUB, TEXAS
August 19, 1997
THE STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in a regular session Tuesday, August
19, 1997. The meeting was held within the boundaries of the Town and was open to the public.
COUNCIL MEMBERS PRESENT:
Jim Carter
Marshall En(yelbeck
Edwin "Ed" Decker
Susan H. McCabe
Doug Glaspell
Kevin Carr
STAFF AND GUESTS PRESENT:
John HilI
Donna Welsh
Karen Sadri
Bill LeGrand
David Miller
Roger Unger
Al White
Wally Funk
Dave Robison
Billy Hughes
Pearl O. Ford
Terry & Tony Bruno
Kevin McCollough
Bill Rose
Gary Tomlin
Laurie Acosta
CALL TO ORDER:
Mavor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Attorney
Town Manager
Town Secretary
Director of Public Works
Director of Public Safety
Municipal Utility District Manager
Chairperson, Home Rule Committee
Resident, 243 Oak Hill Dr.
Resident, 2 Crickett Ct.
Resident, 216 Inverness Dr.
Resident, 2 Spring Creek Ct.
Resident, 2 Mesa Verde Ct.
Resident, 1 Mesa Verde Ct.
Resident, 219 Inverness Dr.
Resident, 208 Fresh meadow Ct.
Resident, 4 Michelle Ct.
Mayor Carter called the meeting to order at 7:01 p.m., noting a quorum was present. He then
welcomed Council Members, guests and staff.
An Invocation was given by John Hill, Town Attorney.
Page 2 Regular Session, Town Council, August 19, 1997
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
The pledge of allegiance to the American and Texas Flags was led by Bill LeGrand, Director of
Public Works.
PRESENTATIONS BY CITIZENS:
Wally Funk, 243 Oak Hill Dr., expressed her concerns surrounding the safety/security of the
house at 241 Oak Hill Dr.
Dave Robison, 2 Crickett Ct., expressed his opinions regarding the possibility of striping Trophy
Club Drive and Indian Creek Drive. He reminded the Council that in the Comprehensive Land
Use plan that these two streets are collector streets and that reducing them to one lane could
cause major traffic problems now and in the future.
Billy Hughes, 216 Inverness Dr., presented a handout regarding the Parks & Recreation
Committee budget to the Council. He asked the Council to consider the information contained in
the handout before making the final decision on the Parks & Recreation budget for fiscal year
1997-1998. The Parks & Recreation Committee's objective is to first improve the current parks
in 1998 and to postpone expansion until 1999. Mr. Hughes and the Parks & Recreation
Committee feel there are three specific areas to be addressed.
► Relocation/replacement of the playground equipment at Harmony Park. This has an
estimated cost of $100,000.00.
► Expansion of the parking facilities at Harmony Park. This has an estimated cost of
$30,000.00.
Installation of an inexpensive irrigation system at the Lakeview practice fields. This has
and estimated cost of $5,000.00.
Mr. Hughes stated that the Parks & Recreation Committee is seriously concerned about the
current park system and the park's state. They hope the Council shares these same concerns and
supports their request for making minimal improvements for the 1997-1998 budget year.
PRESENTATIONS BY CITIZENS: (cont.)
Pearl O. Ford, 2 Spring Creek Ct., made a statement that she is concerned about the way the
Council and the various committees have worked on the budget. She realizes the amount of time
working on the budget entails but she still has concerns in two areas.
► Charging a fee for garbage collection.
► Charging a Franchise fee to the cable company.
Ms. Ford `s suggestion to the Council is either adjust spending or raise taxes appropriately but do
not pass these costs off as fees to the homeowners. "If you can't afford it don't do it."
There were no committee reports.
Page 3 Regular Session, Town Council, August 19, 1997
Bill LeGrand, Director of Public Works, reported to the Council that everything is on schedule as
far as the construction contracts are concerned.
Donna Welsh, Town Manager, reported she has the preliminary results of the survey and she
would pass those out to Council at a later time.
David Miller, DPS Director, reported on Police Department activity in the last 6 weeks. Chief
Miller also reported the D.A.R.E. program will resume in January.
TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE
NO. 93-06 GRANTING A CABLE TELEVISION FRANCHISE WITHIN THE TOWN
BY AMENDING (1) SECTION 15 (FRANCHISE FEE) BY INCREASING THE
FRANCHISE FEE PAYMENT FROM THREE PERCENT (3%) TO FIVE PERCENT
(5%), AND (2) SECTION 24(D) (PUBLIC ACCESS CHANNELS BY CLARIFYING THE
REQUIREMENT THAT A PUBLIC ACCESS CHANNEL SHALL BE RESERVED FOR
TOWN USE WITHOUT CHARGE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE:
Marcus Cable has requested an extension, until the September 16, 1997 Council meeting, for
giving their presentation to the Council. This item was tabled in deference to that request.
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A ONE YEAR
RENEWAL (FROM OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 1998) OF AN
INTERLOCAL AGREEMENT BETWEEN THE TOWN AND DENTON COUNTY FOR
THE COLLECTION OF AD VALOREM TAXES WITHIN THE TOWN;
AUTHORIZING THE MAYOR OF THE TOWN TO EXECUTE THOSE DOCUMENTS
NECESSARY TO EFFECT THE SAID RENEWAL; PROVIDING AN EFFECTIVE
DATE:
Following discussion Council Member Glaspell moved to ADOPT A RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A ONE
YEAR RENEWAL (FROM OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 1998) OF
AN INTERLOCAL AGREEMENT BETWEEN THE TOWN AND DENTON COUNTY
FOR THE COLLECTION OF AD VALOREM TAXES WITHIN THE TOWN;
AUTHORIZING THE MAYOR OF THE TOWN TO EXECUTE THOSE DOCUMENTS
NECESSARY TO EFFECT THE SAID RENEWAL; PROVIDING AN EFFECTIVE
DATE. Mayor Pro Tem Engelbeck seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPOINTING ONE
MEMBER OF THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1
DISTRICT; PROVIDING AN EFFECTIVE DATE:
Page 4 Regular Session, Town Council, August 19, 1997
Mayor Carter recommended Olive Stephens of Little Elm, Texas. Council Member Glaspell
moved to appoint Olive Stephens of Little Elm, Texas to the BOARD OF MANAGERS OF
THE DENCO AREA 9-1-1 DISTRICT; PROVIDING AN EFFECTIVE DATE. Mayor
Pro Tem Engelbeck seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
A REQUEST FOR EXCEPTION TO ORDINANCE NO. 95-12, (TO ALLOW AN ABOVE
GROUND POOL), FROM ANTHONY BRUNO OF 2 MESA VERDE:
Terry and Tony Bruno, 2 Mesa Verde Ct., appeared before the Council to request an exception
from the Council for their pool.
Kevin McCullough, 1 Mesa Verde Ct., would like the Council to temper the ordinance with
regard to above ground pools and swingsets.
Cathy Morgas, P&Z Administrator, stated the P&Z Commission will be meeting to discuss these
issues and then will make their recommendation to the Council with their findings.
Bill LeGrand, Director of Public Works, indicated to the Council that this was routine
enforcement of the codes.
Following discussion by the Council, Council Member Glaspell moved to grant the exception to
the Bruno's. Council Member Carr seconded. Following additional discussion Council Member
Carr amended the original motion to include bringing the electrical wiring up to standards in
thirty days. Motion passed with a majority vote. Voting for was Mayor Pro Tem Engelbeck,
Council Members Carr, McCabe and Glaspell. Voting opposed was Council Member Decker.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
APPOINTMENTS TO THE FOLLOWING COMMITTEES: HOME RULE (AL WHITE,
CHAIRPERSON), PUBLIC SAFETY ( BONNIE JACOBS, CHAIRPERSON):
Mayor Carter gave a brief summary regarding the Home Rule Research Committee, the
appointed chairperson, Al White, and the candidates recommended for appointment to the
committee. He then called for a vote from the Council to form the committee.
Town Secretary, Karen Sadri, reminded Mayor Carter that two residents signed to speak before
discussion. After his acknowledgment of this, he then recalled for the vote.
Council Member Glaspell moved to accept the Chairperson's recommendations. Mayor Pro Tem
Engelbeck seconded.
Mayor Carter then asked for the citizen input from:
Bill Rose, 219 Inverness, said "The completion of the Home Rule petition obviates the
requirements for the Home Rule Research Committee."
Page 5 Regular Session, Town Council, August 19, 1997
Gary Tomlin, 208 Fresh Meadow, stated he was speaking as both resident and journalist and
hopes the Council, if they adopt this committee, will see that it is subject to the open meetings
requirements.
Council Member Carr suggested that when the Home Rule Committee presents its finding to the
Council that it be held in a Town Hall format so the findings can be shared and conveyed to all
the citizens along with the Town Council, and he would ask Mr. White to add that to his list of
objectives.
Council Member McCabe stated her opinion was that if the petition that was circulated to place
the Home Rule issue on the ballot was valid, that makes this committee inappropriate at this
time, and it would not be a functioning committee. This also makes this agenda item premature
and should not be addressed at this time. The second issue that concerns her is that the makeup
of the committee is not what she understood the Council wished to have when the Council set out
to set up the committee. She does not believe it has the appropriate representation within Trophy
Club.
Mayor Pro Tem Engelbeck expressed his disagreement with Council Member McCabe. He feels
the committee would add some objectivity to the input to the Council prior to the election.
Mayor Carter stated he fells the committee would be an informational source to the residents and
be able to present advantages/disadvantages to both the citizens and the Council.
Council Member Carr agreed with the Mayor that the mission of the committee is to research the
pros and cons and let everyone know.
Council Member Decker feels strongly about letting the people know as much about this process
as possible. He thinks the Town Meeting concept is very important.
Council Member Glaspell feels this is an opportunity to get the facts and make them available to
everyone. He feels this is an opportunity to educate the citizens.
Council Member McCabe stated for the record that "No, I am not trying to take away an
information source to the residents that live in Trophy Club. I am just want the appropriate
information source available."
Mayor Carter called for a vote on the motion before them(formation of a Home Rule committee),
motion passed by majority vote. Voting for was Mayor Pro Tem Engelbeck, Council Members
Carr and Glaspell. Voting against was Council Members McCabe and Decker.
With regards to the Public Safety Committee appointments, Mayor Carter called for a motion.
Council Member Carr moved to accept the Public Safety Committee's recommendations.
Council Member Decker seconded.
Council Member McCabe questioned why those people who showed interest at an earlier time
for the open positions were not recalled to be interviewed for the currently open positions.
Page 6 Regular Session, Town Council, August 19, 1997
Council Member Carr explained the interview process for the current opening, and how the
Public Safety committee arrived at the decision to appoint Tommy Tolbert.
Following further discussion Mayor Carter called for the vote on the motion before the Council.
The motion passed with a majority vote. Voting for was Mayor Pro Tem Engelbeck and Council
Members Glaspell, Decker and Carr. Voting opposed was Council Member McCabe.
MAYOR TO FILE THE 1997-1998 FISCAL YEAR BUDGET WITH THE TOWN
SECRETARY:
Mayor Carter presented the budget to the Town Secretary. He reminded the Council that this is
strictly a formality, and that the budget is open to revisions and until officially adopted by the
Council.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
CAPITAL FUNDING OF AN ANIMAL HOLDING FACILITY TO BE LOCATED
WITHIN THE TOWN OF TROPHY CLUB. (COUNCIL MEMBER DECKER):
Mayor Carter asked Council Member Decker to make his presentation to the Council on this
item. Council Member Decker presented to the Council his ideas, information received and
opinions on the necessity for an animal holding facility within the Town of Trophy Club. The
approximate cost of this facility would be S 14,900.00.
Following his presentation Council Member Decker moved to allocate $14,900.00 from the
budget for a capital expenditure to erect the animal holding facility and to maintain the facility at
a cost not to exceed what we now pay Jasper Hayes. Motion died for the lack of a second.
The Mayor recognized Laurie Acosta, 4 Michelle Ct. Ms. Acosta, as a resident closely located to
the suggested facility, she expressed concerns for herself and her neighbors regarding the noise,
sanitation, smell, diseases and having the kennel in their backyards.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
THE RESIDENTS PETITION FOR HOME RULE.(COUNCIL MEMBER DECKER):
Bill Rose, 219 Inverness, formally presented to the Council the petition to place the Home Rule
issue on the November 4, 1997 ballot with the statement "shall a commission be chosen to frame
a new charter." Mr. Rose thanked all involved in obtaining the signatures required; Julie
Chambers, John Harbin, Billy Hughes, Dee Rose, Dave Runneberg, Dawn Seay and Sue Smith.
Kevin McCullough, 1 Mesa Verde Ct., indicated his support for the election, and the Council's
idea for an informational committee. Mr. McCullough would like to see the Council include
both Mr. Rose and Mr. Hughes' viewpoint in any information that the Council provides to the
citizens with regard to the committees findings on the Home Rule issue.
Mr. Billy Hughes, 216 Inverness, commended Mr. Rose's efforts to obtain the signatures on the
petition. Mr. Hughes feels strongly that the committee the Council is creating to gather the
information on Home Rule be a balanced committee that represents all the Town's residents.
Page 7 Regular Session, Town Council, August 19, 1997
Pearl O. Ford, 2 Spring Creek Ct., stated her confusion about the purpose of the petition. She
questioned the wording and intent. Are we voting on framing a commission, or choosing Home
Rule over General Law?
Following discussion, Council Member Decker moved that the Council provide an election
ordinance which shall provide for the election to be held on the date of the municipality's next
general election (which in this case is November 4, 1997) and that the election shall provide the
question on whether we should form a charter commission, and for the election from the
municipality at large of a charter commission to draft a charter, and this commission must consist
of at least fifteen members.
Discussion ensued. John Hill, Town Attorney, indicated the need for clarification regarding the
calling for election.
Council Member Decker re -phrased his motion, moving that the staff and attorney be instructed
to accomplish all procedural steps to enable us to vote on an ordinance regarding a petition for a
Home Rule Charter Commission to be placed on the September 2, 1997 Town Council meeting
agenda, and so post the appropriate notices. Council Member Glaspell seconded; motion passed
unanimously.
TOWN COUNCIL TO ADDRESS THE QUESTIONS SUBMITTED FROM THE
SOCCER ASSOCIATION:
Bill Matthai, President of the Soccer Association, made a brief presentation to the Council (state
of the Association address), this was followed by a status report on the current conditions of the
parks.
► Lakeview practice fields need attention, there are seriously hazardous conditions in and
around the fields.
► The parking facilities at Harmony Park are limited and need to be addressed, hopefully,
prior to Medlin Days.
Mr. Matthai indicated to the Council that Beck Properties is willing to donate to the Town, 2 lots
for parking .
Council Member Engelbeck commented that the Trophy Club Economic Development
Corporation allocated S 10,000.00 for the parking lot. Since that time the TCEDC learned that
the property is not owned by the Town, and have a reluctance to donate toward improvements to
someone else's property.
Mr Billy Hughes, Chairperson of the Park & Recreation Committee, stated that Beck Properties
is willing to donate the land to the Town. Mr. Hughes suggested moving the playground
equipment to allow for more parking spaces.
Discussion ensued; no action taken.
Page 8
Regular Session, Town Council, August 19, 1997
Regular
CONSENT AGENDA: ALL MATTERS LISTED UNDER 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. APPROVE MINUTES FROM JUNE 17, 1997, WORKSHOP/REGULAR SESSION.
B. APPROVE MINUTES FROM JULY 15, 1997, JOINT PUBLIC HEARING/REGULAR
SESSION/BUDGET WORKSHOP.
C. APPROVE FINANCIAL STATEMENTS ENDING JULY 30, 1997.
D. PROCLAMATION PROTESTING THE DENTON COUNTY COMMUNICATIONS
TOWER TO BE LOCATED IN SOUTHLAKE, TEXAS, ON T.W. KING ROAD.
Mayor Carter asked if any items needed to be removed from the consent agenda.
Mayor Carter asked to remove item D.
Council Member McCabe asked to remove item A and D.
Council Member Glaspell moved to accept items B (as amended, have John Hill removed from
being present and have Hardy Thompson in attendance instead) and C. Council Member Decker
seconded; motion passed unanimously.
Council Member McCabe asked to listen to the tapes covering the June 17, 1997 minutes before
accepting them so she moved to table this item until the next meeting. Council Member Carr
Z---,
seconded; motion passed unanimously.
Mayor Carter addressed item D. He would like to have Attorney Hill re -draft the proclamation
using stronger language.
Council Member McCabe inquired if the tower was a "done deal." She requested the backup
documentation to make an informed decision.
Mayor Carter explained there is very little information on this issue.
Roger Unger, 102 Carnoustle Dr., spoke of the substantial benefits for the Public Safety
In C�
Department and the residents of Trophy Club.
Following further discussion, Council Member McCabe stated for the record that regardless of
that fact that we are opposed to it; (the tower placement) they are moving forward with it.
Mayor Pro Tem Englebeck moved to accept the proclamation as amended. Council Member
Glaspell seconded; motion passed unanimously.
Page 9 Regular Session, Town Council, August 19, 1997
CLOSED -DOOR SESSION. TOWN COUNCIL TO CONDUCT A CLOSED -DOOR
SESSION IN ACCORDANCE WITH CHAPTER 551, GOVERNMENTAL CODE,
VERNON'S TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW). SECTION
551.071 TO RECEIVE LEGAL ADVICE:.
A. TO DISCUSS WITH TOWN ATTORNEY, RESIDENCE AT 241 OAK HILL
DRIVE.
Council recessed at 9:04 p.m. after which they went into closed -door session at 9:13 p.m.
RECONVENE INTO OPENSESSION. TOWN COUNCIL TO RECONVENE INTO
REGULAR SESSION TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING THE MATTERS DISCUSSED IN CLOSED SESSION.
A. RESIDENCE AT 241 OAK HILL DRIVE.
Council reconvened into open session at 9:48 p.m. Town Attorney Hill then issued this
statement.
"Mayor, members of the Council, we discussed the property at 241 Oak Hill Drive in closed -
door session, and my recommendation would be that the City Council pursue and consider the
rights and so forth that the Council has under your ordinances, as well as under state law, and
that you consider immediately taking action with respect to the violations of the municipal code
ordinances that you have on that property. That essentially was what was discussed in closed -
door session."
PRESENTATIONS BY COUNCIL:
Council Member Decker stated that he and Council Member Carr had previously discussed
switching places as committee liaisons. Mr. Carr would go to Parks & Recreation and Mr.
Decker to Public Safety. This is effective immediately.
Council Member McCabe moved to adjourn at 9:52 p.m. Council Member Glaspell seconded:
,1
Town Secretary
10/141/97 kin
(Seal)