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Minutes TC 02/18/1997MINUTES OF REGULAR TOWN COUNCIL MEETING TOWN OF TROPHY CLUB, TEXAS FEBRUARY 18, 1997 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a regular session Tuesday, February 18, 1997. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Doug Glaspell Edwin "Ed" Decker Susan H. McCabe Marshall Engelbeck COUNCIL MEMBERS ABSENT: Edwin "Cotton" Moore STAFF AND GUESTS PRESENT: John Hill Donna Welsh Pauline Shaw Bill LeGrand Karen Sadri Barbara Allen Diane Cockrell Michael Cherryhomes Riley Mills Carroll Huntress Fred Held Bill Pollick Nestor Karlis Robert Burns Ron Butler Lou Opipare Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Attorney Town Manager Planning & Zoning Administrator Director of Public Works Town Secretary Court Administrator Admin. Sec. to the Police Chief, TCPD Admin. Lt., TCPD Public Works Committee Member City of Westlake Alderman City of Westlake Alderman Chairperson, Parks & Recreation Committee Chairperson, Public Works Committee President, Economic Dev. Corp. TCFD Chief, TCFD Page 2 Regular Session Town Council February 18, 1997 STAFF AND GUESTS PRESENT: (cont.) Mark Chambers Mike Hamper Jim Briscoe Patti Stoltz Barbara Penn Barb Tweedie Barbara Marks Pam Irwin Maryann Mickelson Larry Hutto Dr. John Brooks Gary Terry STAFF MEMBERS ABSENT: David Miller CALL TO ORDER: Vice President, MUD No. 2 Chairperson, Planning and Zoning Com. Representative, Briscoe Clark Chairperson, PR Committee PR Committee Member PR Committee Member PR Committee Member PR Committee Member PR Committee Member Resident, NISD Board Member Resident, Superintendent NISD Regional Manager, SWB Telephone Chief of Police, TCPD 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 Town Attorney, John Hill. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: The pledge of allegiance to the American and Texas Flags was led by Council Member Engelbeck. PRESENTATIONS BY CITIZENS: Vicki Hardy and Jan Tonroy of Lakeview Elementary School informed the Council that the PTA was considering a family oriented function at the school grounds the opening day of the races. The PTA is interested in any citizen input and wants the school or a PTA member to be contacted. Page 3 Regular Session Town Council February 18, 1997 Barb Marks of 1 Brookfield Ct. and NISD Board Member and Larry Hutto of 11 Edgemere and NISD Board Member and Realtor, made a presentation concerning the Realtors Conference being held March 25, 1997 at the Administration Building of the NISD. She also distributed copies of a Special Event Calendar from the Fort Worth Traffic Control office that outlines Speedway events and crowd expectations. STAFF AND COMMITTEE REPORTS: Patti Stoltz, Chairperson, Public Relations Committee gave a brief presentation on the brochure they are creating. She asked the Council for final approval. Mayor Carter wants the eighteen additional holes planned for the golf course, other park facilities planned, and the scholarships that are available, to be mentioned in it. Council Member Decker commended the PR committee on a job well done. Mayor Carter asked to proceed with the other reports before returning to take action on the PR committees request. Karen Sadri, Town Secretary, informed the Council that today was the first day to file for the openings on the Town Council and the Mayor's position for the May election. She mentioned that Mayor Carter has filed for reelection. Mayor Carter reiterated that filing had to be done on/before March 19, 1997. Mike Hamper, Chairperson, Planning & Zoning Commission, spoke to the Council on their previous request that the P&Z review the process of allowing gated communities. Chairperson Hamper explained that the P&Z did an extensive review and looked into other studies. The P&Z feels that the method in place of the gated communities being presented as Planned Developments gives the Commission the best control over the developments. Chairperson Hamper and the Commission strongly recommend against adopting any type of ordinance concerning the applications/regulations for gated communities. He feels that the P&Z can exercise more control if the communities are presented as a PD instead of under an ordinance. They can include this policy as part of the Comprehensive Land Plan. Bill LeGrand, Director of Public Works, spoke in relation to the Code Enforcement. He would like to send out a comprehensive packet to each resident, which explains some more common code enforcement violations and the ordinances to describe them. Town Manager Welsh reminded the Council of the Joint Session with the two MUD'S on February 25, 1997 to continue to discuss the Needs Assessment. Page 4 Regular Session Town Council February 18, 1997 MS. PATTI STOLTZ, CHAIRPERSON OF THE PUBLIC RELATIONS COMMITTEE TO PRESENT PROGRESS OF TROPHY CLUB BROCHURE AND MAKE A REQUEST: Ms. Stoltz made her presentation earlier in the meeting. Her request for approval from the Council was also stated at that time. Council Member Glaspell moved to accept the PR committee's recommendations for the brochure. Council Member Decker seconded. In the discussion the Council amended the motion to pay the cost of the brochure out of the contingency line item. Motion passed unanimously. RICHARD BAUMEISTER OF SANFORD & BAUMEISTER, P.C. TO PRESENT 1995- 1996 AUDIT: Richard Baumeister, auditor, Sanford & Baumeister presented the 1995-1996 audit for approval. TOWN COUNCIL TO ADOPT BY MOTION THE 1995-1996 AUDIT: Council Member Decker moved to adopt the 1995-196 audit. Council Member Glaspell seconded; motion passed unanimously. MIKE GROOMER, ASSISTANT CITY MANAGER OF THE CITY OF FORT WORTH, TO PRESENT UPDATE ON THE STATUS OF THE TEXAS MOTOR SPEEDWAY: Mike Groomer, Assistant City Manager of the City of Fort Worth, gave an update on the status of the Speedway and traffic control. During the discussion, Mayor Carter requested support funding for traffic control from the City of Fort Worth. Mr. Groomer said he would check with his Council and get back to the Town. No action was taken. GARY TEAGUE OF TEAGUE, NALL AND PERKINS, INC. TO PRESENT STREET EVALUATION STUDY: Mr. Gary Teague, Engineer with Teague, Nall & Perkins, Inc. presented his findings on the street evaluation study. The study included the replacement or repair of more than 90 percent of the streets in three, five year phases at a cost of approximately $6.9 million. Following discussion, no action was taken. Page 5 Regular Session Town Council February 18, 1997 TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE WHEREBY THE TOWN OF TROPHY CLUB, TEXAS AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO. 91-15 TO PROVIDE FOR A LONGER TERM AND TO ADD TERMINATION AND OTHER PROVISIONS AS A RESULT OF THE CHANGES MADE BY THE PUBLIC UTILITY, REGULATORY ACT OF 1995, 74TH LEG., R.S. CH, 231, TEX. SESS. LAW SERV. 2017 (VERNON )(TO BE CODIFIED AS TEX. REV. CIV. STAT. ANN ART. 1446C-0): Gary Terry, Regional Manager Southwestern Bell Telephone, presented the amended ordinance explaining that this version would comply with federal and state laws and mandates. This amended version also extends the agreement until one side wants to cancel it. Council Member McCabe moved to adopt the ordinance. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REGULATING THE USE OF ATHLETIC FIELDS, INCLUDING PUBLIC PARKS, WITHIN THE TOWN; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE: Bill Pollick, Chairperson of the Parks and Recreation Committee, presented this ordinance for consideration by the Council. He explained that the Town needed to have control over the playing fields at Harmony Park and the practice fields at Lakeview Elementary. This would insure the quality of the playing fields and that they could do the maintenance on schedule. Following discussion, Council Member Glaspell moved to adopt the ordinance. Council Member Engelbeck seconded; motion passed unanimously. Page 6 Regular Session Town Council February 18, 1997 TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS CALLING A GENERAL ELECTION TO BE HELD ON MAY 3, 1997, FOR THE PURPOSE OF ELECTING A MAYOR FOR A TWO (2) YEAR TERM AND TWO (2) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; AND PROVIDING AN EFFECTIVE DATE: Council Member McCabe moved to adopt the ordinance. Council Member Decker seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE 92-09 BY PROHIBITING FOR MORE THAN TWO (2) CONSECUTIVE DAYS PER MONTH THE LOCATION OR MAINTAINING WITHIN THE TOWN OF TROPHY CLUB A TRUCK OR COMMERCIAL MOTOR VEHICLE GREATER THAN ONE AND ONE-HALF TONS OR A RECREATIONAL VEHICLE, BOAT OR TRAILER; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE: Mike Hamper, Chairperson of the Planning and Zoning Commission, presented the ordinance for consideration before the Council. He explained the present ordinance allows for these vehicles to be enclosed by a fence for two days a month. Following discussion, Chairperson Hamper amended the amended ordinance to read on page three section 7A, to include, may be enclosed in a garage and not visible to the public. Council Member Decker moved to adopt the amended ordinance as amended by Attorney Hill and Chairperson Hamper. Council Member Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING A PROPOSED FINAL PLAT FOR THE LAKES, PHASE I, A SUBDIVISION WITHIN THE TOWN, LOCATED GENERALLY AT TROPHY CLUB DRIVE AND VILLAGE TRAIL BEHIND THE BAPTIST CHURCH: Mike Hamper, Chairperson of the Planning and Zoning Commission, presented the final plat as approved by the Planning and Zoning Commission. Page 7 Regular Session Town Council February 18, 1997 Following Mr.Hamper's presentation and explanation, Mr. Jim Briscoe, developer with Briscoe Clark, Inc., was introduced to answer any questions. Following discussion, Council Member McCabe moved to accept the final plat. Council Member Glaspell seconded; motion passed unanimously. CONSENT AGENDA: ALL MATTERS LISTED UNDER AGENDA ITEM 15, CONSENT AGENDA, ARE CONSIDERED TO BE ROUTINE BY THE TOWN COUNCIL AND WELL 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: Mayor Carter and Council Member Engelbeck asked to remove items C&D for discussion. Council Member McCabe asked to remove item E. Council Member Decker moved to approve items A, B, F, G, H, &I. Council Member Glaspell seconded; motion passed unanimously. A. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AND ADOPTING A MUTUAL AID AGREEMENT FOR POLICE SERVICES BY AND BETWEEN THE TOWN AND THE CITY OF ARGYLE, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN; PROVIDING AN EFFECTIVE DATE: B. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE PARTICIPATION BY THE TOWN IN AN INTERLOCAL AGREEMENT TO PROVIDE MUTUAL AID FOR DISASTER ASSISTANCE; PROVIDING AN EFFECTIVE DATE: F. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE 1996 TAX ROLL FOR THE TOWN AS SUBMITTED BY THE TOWNS' AD VALOREM TAX ASSESSOR; PROVIDING AN EFFECTIVE DATE: G. PROCLAMATION DECLARING MARCH 8, 1997 AS TEXAS TOAST DAY BY THE NORTHEAST TARRANT ARTS COUNCIL: Page 8 Regular Session Town Council February 18, 1997 H. APPROVE THE MINUTES FROM THE JANUARY 21, 1997 JOINT TOWN COUNCIL/ M.U.D.'S NO. 1 & NO.2 MEETING: APPROVE UNAUDITED FINANCIAL REPORT ENDING JANUARY 31, 1997: Item C: Lou Opipare, Fire Chief, explained this was mutual aid with all the other towns in Denton County. Council Member Glaspell moved to approve Item C. Council Member McCabe seconded; motion passed unanimously. C. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BY AN BETWEEN THE TOWN AND DENTON COUNTY TO PROVIDE EMERGENCY AMBULANCE SERVICES FOR AREAS IN DENTON COUNTY; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; PROVIDING AN EFFECTIVE DATE: Item D: Lou Opipare, Fire Chief, explained this allows Trophy Club to drop district boundaries for efficient use of DPS services. Council Member Glaspell moved to approve Item D. Council Member Decker seconded; motion passed unanimously. D. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AND ACCEPTING AN AGREEMENT FOR MUTUAL AID FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES IN SUPPORT OF MAJOR EVENTS BY AN BETWEEN THE TOWN AND SURROUNDING GOVERNMENTAL ENTITIES; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; PROVIDING AN EFFECTIVE DATE: Item E: Council Member McCabe made a motion to table this item and have it addressed as an agenda item at the next regular session. Council Member Decker seconded; motion passed unanimously. E. TOWN COUNCIL TO CONSIDER AND ADOPT THE RESOLUTIONS AND BYLAWS ADOPTED BY THE BOARD OF DIRECTORS OF THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION: Page 9 Regular Session Town Council February 18, 1997 PRESENTATIONS BY COUNCIL: Mayor Carter would like citizen input on gated communities on the Town survey. Chairperson Hamper is very strongly opposed to this idea. Council Member Decker feels the public official's liability coverage is inadequate and would like to have three different agents submit sealed bids for a coverage of $5 million to determine if we are under covered or over exposed. Attorney Hill suggested a Risk Manager to give independent reviews to the current policies. Council Member Engelbeck would like to look closely at the budget considering the future costs of providing DPS services in connection with raceway events. ADJOURN: Council Member Decker moved to adjourn at 10:08 p.m. Council Member McCabe seconded; motion passed unanimously. Town Secretary 3/13/97 klg