Minutes TC 05/20/1997 - Joint SessionMINUTES OF JOINT PUBLIC HEARING
TOWN COUNCIL MEETING/PLANNING AND ZONING COMMISSION
TOWN OF TROPHY CLUB, TEXAS
MAY 20, 1997
THE STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in a Joint Public Hearing with the
Planning & Zoning Commission on Tuesday, May 20, 1997 at T00p.m. 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
Kevin Carr
Marshall Engelbeck
Mayor
Council Member
Council Member
Council Member
Council Member
Council Member
PLANNING & ZONING COMMISSION MEMBERS PRESENT:
Mike Hamper
Chairman
Clayton Reed
Commissioner
Roger Williams
Commissioner
Rick Gilliland
Commissioner
Don Cotton
Commissioner
David Schaaf
Commissioner
PLANNING & ZONING COMMISSION MEMBERS ABSENT:
Gene Hill Commissioner
STAFF AND GUESTS PRESENT:
John Hill
Donna Welsh
Pauline Shaw
Bill LeGrand
Karen Sadri
Dan Boutwell
Hap Baggett
Billy Hughes
Larry Hutto
Town Attorney
Town Manager
Planning & Zoning Administrator
Director of Public Works
Town Secretary
Town Planner
Synergy Properties, Inc.
Resident, 216 Inverness
Resident, NWISD Board Member
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May 20, 1997
STAFF AND GUESTS PRESENT: cont.
Dawn Seay Resident, 535 Timber Ridge
Kim Cort Resident, 1130 Sunset Dr.
Marty Dee Resident, 1 Edgemere
Doyle Krauss Resident, 549 Indian Creek Dr.
Eddie Cheatham Engineer, Total Program Management, Inc.
Tom Eyeington NWISD Project Manager,
Total Program Management,Inc.
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Carter called the meeting to order at 7:02 p.m., noting a quorum was present. He then
welcomed Council Members, Planning & Zoning Commission Members, guests and staff
INVOCATION:
John Hill, Town Attorney gave the Invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
The pledges were led by Dan Boutwell, Town Planner.
TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS INSTRUCTING AND DIRECTING THE
TOWN STAFF TO TAKE ALL NECESSARY LEGAL STEPS TO CALL A JOINT
PUBLIC HEARING OF THE TOWN PLANNING AND ZONING COMMISSION AND
TOWN COUNCIL FOR THE PURPOSE OF CONSIDERING:
(I) A RE -PLAT OF LAND LOCATED SOUTH OF MARSHALL CREEK
AND EAST OF ROANOKE, OWNED BY THE TOWN AND
NORTHWEST INDEPENDENT SCHOOL DISTRICT
(11) A SITE PLAN FOR THE SAID LAND OWNED BY THE
NORTHWEST INDEPENDENT SCHOOL DISTRICT
PROVIDING AN EFFECTIVE DATE.
Council Member Decker made a motion to call a Joint Public Hearing of the Town Council and
Planning and Zoning Commission. Mayor Pro Tem Glaspell seconded; motion passed
unanimously.
PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING
WITH TOWN COUNCIL:
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Commissioner Reed made a motion to open the Joint Public Hearing with the Town Council,
Commissioner Williams seconded, motion passed unanimously.
TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND
ZONING COMMISSION:
Council Member Glaspell made a motion to open the Joint Public Hearing with the Planning and
Zoning Commission. Council Member McCabe seconded; motion passed unanimously.
TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE
PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING:
A. RE -PLAT OF LAND LOCATED SOUTH OF MARSHALL CREEK AND EAST OF
ROANOKE AND WEST OF "THE LAKES', OWNED BY THE TOWN AND
NORTHWEST INDEPENDENT SCHOOL DISTRICT:
B. SITE PLAN FOR THE SAID LAND OWNED BY THE NORTHWEST
INDEPENDENT SCHOOL DISTRICT:
Mayor Carter turned the floor over to Dan Boutwell, Town Planner for explanation.
A. Mr. Boutwell explained that the land being re -platted was originally dedicated as park land
and is now being considered for the school site for an intermediate school site. This re -plat is just
for the purpose of moving a property line to the south and move park land to the center. This
combines a piece of platted property with an unplatted piece of property to form the re -plat.
Questions and discussion by the Council and Planning and Zoning Commission followed this item.
B. This item was an included topic in the discussion of the re -plat.
PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING
AND/OR CONTINUE TO A DATE CERTAIN:
Commissioner Schaaf made a motion to close Joint Public Hearing. Commissioner Reed
seconded; motion passed unanimously.
TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE
TO A DATE CERTAIN:
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Council Member Glaspell made a motion to close the Joint Public Hearing. Council Member
Decker seconded; motion passed unanimously.
TOWN COUNCIL /PLANNING AND ZONING COMMISSION TO RECONVENE INTO
A JOINT PUBLIC SESSION:
TOWN COUNCIL TO CONSIDER ADOPTING:
A. A PRELIMINARY PLAT FOR THE NEW SCHOOL SITE:
Chairman Hamper explained to the Council that the Planning and Zoning Commission has already
approved this preliminary plat.
Town Planner Boutwell explained to the Council that this is the area that has not yet been platted.
The preliminary plat covers only that area north of the existing park area to Marshall Creek Road,
Mayor Carter reminded everyone that the park area shrunk because the two (2) schools had to be
separated due to the age of the children.
Following discussion, Council Member Glaspell moved to accept the preliminary plat as
recommended by the Planning and Zoning Commission. Council Member McCabe seconded;
motion passed unanimously.
TOWN COUNCIL /PLANNING AND ZONING COMMISSION TO CONSIDER
ADOPTING:
A. A FINAL PLAT FOR THE SCHOOL LAND.-
PLANNING
AND:
PLANNING AND ZONING COMMISSION: Commissioner Williams moved to accept the
final plat. Commissioner Reed seconded; motion passed unanimously.
TOWN COUNCIL: Council Member Glaspell moved to accept the final plat. Council Member
Carr seconded; motion passed unanimously.
B. RE -PLAT OF LAND LOCATED SOUTH OF MARSHALL CREEK AND
EAST OF ROANOKE AND WEST OF "THE LAKES', OWNED BY THE
TOWN AND NORTHWEST INDEPENDENT SCHOOL DISTRICT:
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PLANNING AND ZONING COMMISSION: Commissioner Schaaf moved to accept the
replat. Commissioner Reed seconded, motion passed unanimously.
TOWN COUNCIL: Council Member Engelbeck moved to adopt the replat of land located south
of Marshall Creek and East of Roanoke and West of "The Lakes", owned by the Town and
Northwest Independent School District including the waiver of the fence along the Northeast
boundary of land owned by Marshall Creek. Council Member Decker seconded; motion passed
unanimously.
C. SITE PLAN FOR SAID LAND OWNED BY THE NORTHWEST
INDEPENDENT SCHOOL DISTRICT:
PLANNING AND ZONING COMMISSION: Commissioner Cotton moved to accept the site
plan for the land owned by the Northwest Independent School District. Commissioner Williams
seconded, motion passed unanimously.
TOWN COUNCIL: Council Member McCabe asked during the discussion "When the school is
discussing welfare, safety, etc. for children, does that have higher priority over the use of the
parks? For example, during the daytime the possibility of transients (people coming and going
who would normally use a public park) would they be able to say and enforce that was, could be
potentially hazardous to the health, safety and welfare of the children and that they couldn't use
the park. Attorney Hill answered that being Town owned land the Town would have jurisdiction
over the park not the school. Council Member Glaspell moved to accept the site plan for said
land owned by the Northwest Independent School District. Council Member McCabe seconded;
motion passed unanimously.
PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION
WITH TOWN COUNCIL:
Commissioner Reed moved that the Planning and Zoning Commission adjourn the Joint Public
Session with the Town Council at T57 p.m. Commissioner Gilliland seconded; motion passed
unanimously.
TOWN COUNCIL TO ADJOURN JOINT PUBLIC SESSION WITH THE PLANNING
AND ZONING COMMISSION:
Council Member Decker moved to adjourn the Joint Public Session with the Planning and Zoning
Commission at T58 p.m. Council Member Glaspell seconded; motion passed unanimously.
Town Council took a five (5) minute recess.
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TOWN COUNCIL TO OPEN REGULAR SESSION:
Town Council opened regular session at 8:05 p.m.
*PRESENTATIONS BY CITIZENS*
Kim Cort, 1130 Sunset Dr., spoke on issues of concern for her.
• The commercial air conditioners behind "The Executive Suites" are noisy and keep
everyone in her household awake at night.
• The glare off the roof keeps them from opening their blinds
• Being able to see people working in the buildings.
Ms. Cort asked the air conditioners be turned off at night until the sound buffers are installed.
Mr. Hap Baggett, President, Synergy Properties Group, assured the resident and Council that
these problems will be resolved as soon as possible.
Marty Dee, 1 Edgemere Dr., spoke about receiving a letter from the Town that the ordinance
concerning motor homes has changed, and he is in violation. The fine for being in non-
compliance is $500.00 per day. He asked what his recourse was. He has had a motor home for
the last 12 years and was not in violation until now.
Pauline Shaw, Planning and Zoning Administrator, explained that no recourse was available and
the ordinance has no grandfather clause. Ms. Shaw also pointed out that Mr. Dee's current fence
is eight feet in height which is also in violation and if it comes down it can not go back up at that
height.
Council Member Decker stated he felt the $500.00 per day penalty was ludicrous. He also
expressed his concern over the fact a resident has been doing something for the last twelve (12)
years and now it is illegal. Why is there no grandfather clause? That does not make any sense to
him. He realizes the need for the ordinance.
The Mayor asked John Hill, Town Attorney, to explain the procedures surrounding the fine
amount.
Mr. Dee's wanted to know what he was to do. His fence and motor home are in violation, and he
does not have enough back yard to build a garage to house his motor home. He spoke to all his
neighbors, and they are not opposed to his motor home.
Council Member Glaspell explained that the ordinance was passed because of the residents who
abused the previously written ordinances.
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STAFF AND COMMITTEE REPORTS:
William LeGrand, Director of Public Works, reported that the Public Works Committee finaled
out the expenditure of the bond money as follows: Skyline Dr. will be the next project after the
Trophy Wood Dr. and Indian Creek Dr. project, then Chisos Dr. and Village Tr.., and then
Alamosa Dr. and Shasta Dr. This also is taking into account curb repair over the entire Town.
After all listed projects are finished there should be about $5000.00 left in the construction fund.
Pauline Shaw, Planning and Zoning Administrator, reported 14 new housing permits have been
issued so far this month, mainly for Lakeside.
STAFF AND COMMITTEE REPORTS: (cont.)
Donna Welsh, Town Manager, reported that Denton County has sued Tarrant County in Parker
County about the location of the county lines. Moving the county lines will have a direct impact
on Trophy Club. She also updated the Council that the signage for Hwy. 114 at Trophy Club Dr.
will be put up soon, and the NTCOG Seminar for Mayors and Council Members will be Tune 6,
1997.
TOWN COIJNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING:
A PRELIMINARY PLAT FOR "THE PLAZA".
The Planning and Zoning Commission has already approved the preliminary plat and all conditions
have been met.
Dan Boutwell, Town Planner, described the plat as a twenty-two and one half (22 '/2 ) acre site
located at the very southeastern corner of the Town. It is currently zoned commercial and is
platted into 12 lots. It would extend Trophy Wood Dr. to Hwy 114, and the current frontage
road's name would change to Hayden Parkway.
Michael Clark , Winkelmann and Assoc., was representing Synergy Properties and respectfully
submitted their request for the Town to approve the preliminary plat for "The Plaza" and
answered questions from the Council.
A question about the water tower was answered in detail by Roger Unger.
Council Member Decker moved to accept the preliminary plat with the dedicated water line as
described by Roger Unger. Council member Engelbeck seconded; motion passed unanimously.
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TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
ACCEPTING APPROXIMATELY 166 ACRES OF LAND NORTH OF MARSHALL
CREEK ROAD FROM BECK PROPERTIES, INC.:
Pauline Shaw, Planning and Zoning Administrator, explained the land is proposed for home and
golf course use.
Dan Boutwell, Town Planner, explained this has always been a part of the Comprehensive Land
Use Plan.
John Hill, Town Attorney, reminded the Council this land is not in the Town of Trophy Club
limits, the next step is to accept a petition of annexation, and then to hold two (2) public hearings
on the annexation.
Council Member Glaspell moved to accept the 166 acres as stated. Council Member Carr
seconded; motion passed unanimously.
TOWN ATTORNEY, JOHN HILL, TO UPDATE THE COUNCIL REGARDING THE
CORPS. OF ENGINEERS PROPERTY:
Attorney Hill, explained that being a General Law Town limits how we approach annexations.
The Corps. has to ask to be annexed into the Town.
Council Member Glaspell verified that the Town can ask the Corps. to request annexation into the
Town.
Town Planner Boutwell reminded Council that the ETJ (extra -territorial jurisdiction) can be
challenged by surrounding cities. It will depend on who gets there first.
Council Member McCabe verified the initiation of annexation the only difference between a Home
Rule city and a General Law city for this particular situation.
No action taken.
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TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
HOME RULE AND ESTABLISHING A RESEARCH COMMITTEE:
Council Member Glaspell is requesting that the Council take time to discuss the Home Rule issue.
He would like the Council to consider establishing a small committee to research and dissect the
information gathered such as: pros and cons of Home Rule, time elements, cost, filings, and
citizen input. Then have the committee make an evaluation and recommendation to the Council.
Suggestions from Council included: a Town Meeting with local Home Rule cities in attendance to
answer questions and give opinions and placing time constrictions on the committee for
expediency.
Consensus of the Council was to establish a committee to research the Home Rule issue.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
CURBSIDE RECYCLING:
This item was tabled until the next regular session. Council Member McCabe would like the staff
to get together the cost pros and cons, gather resident input, and then give an entire presentation
to a Council.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
BIKE LANES:
Council Member McCabe would like to initiate the process to investigate including a bike lane on
Trophy Club Dr. and Indian Creek Dr., this would include a cost and feasibility study.
William LeGrand, Director of Public Works, explained that the first step would be to have a
traffic consultant do a study on the traffic flow on the east side of town (from Indian Creek Dr. at
Trophy Club Dr. to Harmony Park). The approximate cost of striping and buttons would be from
$46,000 to $50,000. The approximate cost of the consultants study would be $7,000 to $15,000,
which would include present and projected traffic and growth patterns. An alternative such as
sidewalks was looked at, and the cost was extensive.
Mayor Carter recommended that the staff incorporate these costs into the budget process.
Council Member Glaspell would like for the staff to investigate a bike/walk path on Village Trail
to the school. This cost and feasibility study would be separate from the Trophy Club Dr. and
Indian Creek Dr. studies.
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TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
RENEWAL OF PUBLIC OFFICIALS LIABILITY INSURANCE POLICY:
Council Member Decker strongly recommends that all Public Officials have a minimum of $4
million in liability coverage.
Following discussion Council Member Decker moved to award the Public Officials Liability
Insurance contract of $4 million in coverage with a $5000 deductible. Council member Engelbeck
seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
REQUEST FROM TETCO TO HAVE A "NOW OPEN" BANNER FOR TWO (2)
WEEKS BEGINNING MAY 31, 1997 THROUGH JUNE 14,1997:
Pauline Shaw, Planning and Zoning Administrator, explained that this was similar to the banner
the bank had. She also explained that TETCO wanted to have a concession type of stand for
cokes on the Grand Opening weekend.
Hap Baggett, President of Synergy Properties Group, explained that the store would be having
special sales to promote the Grand Opening. They would have displays in front of the store from
10:00 am to 9:00 pm during the two (2) day Grand opening. When asked about traffic
management, Mr. Baggett informed the Council that had been taken into consideration and would
be handled by the store.
Following further discussion, Council Member McCabe moved to allow the banner and
concession area. Council Member Decker seconded; motion passed unanimously.
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 551.074 PERSONNEL:
Council adjourned into Closed Door Session at 9:38 p.m. to discuss the following:
A. TO CONSIDER OFFICE OF MAYOR PRO TEM
B. TO APPOINT COMMITTEE LIAISONS
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RECONVENE INTO OPEN SESSION:
Council reconvened into open session at 9:45 pm. Council Member Glaspell moved to appoint
Council Member Englebeck as Mayor Pro Tem. Council Member Carr seconded; motion passed
unanimously. Committee Liaison appointments are as follows:
Finance Committee - Marshall Engelbeck (to continue)
Public Works - Doug Glaspell
Parks and Recreation - Ed Decker
Public Safety - Kevin Carr
Council Member Susan McCabe has asked not to be appointed to any one committee so she can
visit all committees.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
THE APPOINTMENT OF CHAIRPERSONS AND MEMBERS TO THE TOWN
COMMITTEES:
Council Member Glaspell moved to re -appoint the members and chairpersons that wished to
remain on their committees.
In the following discussion Council Member Carr stated he felt the Committees should be
responsible for nominating and appointing their own chairpersons. Mayor Carter explained the
Town Council has always made these appointments in the past. Council Member Carr expressed
his displeasure with this process and made a motion for the committees to be responsible for
appointing their own chairpersons.
Mayor Carter reminded Council that council member Glaspell's motion was still on the floor.
Council member Engelbeck seconded Council Member Glaspell's motion.
Council Member Carr's motion died for a lack of a second.
Mayor Carter called for a vote on the motion on the floor. Motion passed unanimously.
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CONSENT AGENDA:
ALL MATTERS LISTED UNDER AGENDA ITEM 28, CONSENT AGENDA, ARE
CONSIDERED TO BE ROUTINE BY THE TOWN COUNCIL AND WILL BE
ENACTED BY ON 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 corrected date for financials to 4/30/97.
Council Members Engelbeck and McCabe asked that Item A be removed from consent agenda.
B. FINANCIAL STATEMENTS PERIOD ENDING 4/30/97:
Council Member Glaspell moved to approve the financial statements as presented. Council
Member McCabe seconded, motion passed unanimously
A. MINUTES OF REGULAR TOWN COUNCIL MEETING 5/06/97:
Page 5 of the minutes of 5/6/97: Council Member Engelbeck asked for the time frame on the
construction at Trophy Wood Drive and Indian Creek Drive. The answer given was by the end of
November, and Council member Engelbeck would like that to be reflected in the minutes.
Page 2 of the minutes of 5/6/97: Council Member McCabe wanted added into the minutes that
she specifically asked the representative, that since the contract was not up for renewal,
technically they have no obligations to renegotiate any provisions of it, but that she verbally
agreed to the fact that they would renegotiate the 5% and the dedicated channel.
Page 3 of the minutes of 5/6/97: Council Member Decker would like the minutes to reflect that
along with Council Member McCabe he also, was inclined to allow Ms. Turner to keep the fence
as a special exception.
Council Member McCabe asked to co-ordinate the date of compliance to October 1, 1997 and
put a by in front of it.
Page 4 of the minutes of 5/6/97: change Trophy Club Drive to Trophy Wood Drive.
Council Member Glaspell moved to accept the minutes of 5/6/97 as amended. Council Member
Decker seconded; motion passed unanimously.
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*PRESENTATIONS BY CITIZENS*
This item was voted on to take out of order and allow someone to speak about the committees.
Council Member Glaspell moved to allow the individual to speak. Council Member Carr
seconded; motion passed unanimously.
Billy Hughes, 216 Inverness Dr., addressed the Council and thanked them and the Town staff
(Karen Sadri & Pauline Shaw) for all their support and help during the recent campaign. He also
informed the Council that he has applied for the Public Works Committee, the Parks and
Recreation committee and would like to volunteer for the Home Rule Committee.
PRESENTATIONS BY COUNCIL:
Council Member Engelbeck reported that the Finance Committee plans to recommend during the
budget process, that the money for trash pickup be transferred to a line item for street
construction. The trash pickup fees would then be billed at $7.17 monthly on the WD's
residential water and sewer bills.
Council Member McCabe moved to adjourn at 10:08 p.m. Council Member Carr seconded,
motion passed unanimously.
Planning & Zo ing Commission Chairman
Town Secretary
Planning & Zoning Commission Administrator
(SEAL)
06;03-97 k1g
revised 6 181/97klg