Minutes TC 10/21/1997MINUTES OF JOINT PUBLIC HEARING
TOWN COUNCIL MEETING/
PLANNING AND ZONING COMMISSION
TOWN OF TROPHY CLUB, TEXAS
October 21, 1997
THE STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in a Joint Public Hearing withe the Planning
and Zoning Commission on Tuesday, October 21, 1997, at 7:00 p.m. The meeting was held within the
boundaries of the Town and was open to the public.
COUNCIL MEMBERS PRESENT:
Jim Carter
Marshall Engelbeck
Doug Glaspell
Edwin "Ed" Decker
Susan H. McCabe
Kevin Carr
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
PLANNING AND ZONING COMMISSIONERS PRESENT:
Mike Hamper
Clayton Reed
David Schaaf
Rick Gilliland
Gene Hill
Don Cotton
Roger Williams
STAFF AND GUESTS PRESENT:
Donna Welsh
Karen Sadri
Cathy Morgas
Bill LeGrand
David Miller
Greg Guillaume
John hill
CALL TO ORDER AND ANNOUNCE A QUORUM:
Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Town Manager
Town Secretary
P&Z Administrator
Director of Public Works
Director of DPS
Senior Accountant
Town Attorney
Mayor Carter called the meeting to order at 7:00 p.m., noting a quorum was present.
INVOCATION:
John Hill, Town Attorney, gave the invocation.
Page 2 Joint Public Hearing Town Council Meeting/P&Z October 21, 1997
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
Gene Hill, P&Z Commissioner led both pledges.
PUBLIC HEARING
TOWN COUNCIL TO CONSIDER AN ORDINANCE 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 AN AMENDMENT TO ORDINANCE NO. 95-20 PROVIDING
FOR PD PLANNED DEVELOPMENT ZONING FOR THE VILLAGE AT TROPHY CLUB;
PROVIDING AN EFFECTIVE DATE:
Mayor Pro Tem Engelbeck moved to call a Joint Public Hearing with the Town Council and the Planning
and Zoning Commission. Council Member McCabe seconded; motion passed unanimously.
PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING WITH
TOWN COUNCIL:
Commissioner Cotton moved to open the Joint Public Hearing with the Town Council. Commissioner
Reed seconded; motion passed unanimously.
TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND
ZONING COMMISSION:
Council Member Glaspell moved to open the Joint Public Hearing with the Planning and Zoning
Commission. Council Member Decker seconded; motion passed unanimously.
TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE PLANNING AND
ZONING COMMISSION RELA TI VE TO THE FOLLOWING:
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME
BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING ORDINANCE NO. 95-20 (GRANTING PD PLANNED
DEVELOPMENT ZONING TO THAT SUBDIVISION KNOWN AS THE
VILLAGE AT TROPHY CLUB AND BEING A 9.947 ACRE TRACT OF
LAND LYING AT THE NORTHWEST CORNER OF THE
INTERSECTION OF TROPHY CLUB, DRIVE AND STATE HIGHWAY
114 AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO) BY
ADDING AS A PERMITTED USE WITHIN TRACT 2 ( WHICH TRACT
IS DESCRIBED IN ORDINANCE NO. 95-20) RESTAURANT WITH
DRIVE-THROUGH SERVICE; PROVIDING AN EFFECTIVE DATE.
Mike Hamper, Chairperson , P&Z, explained the issue to be addressed .
Page 3 Joint Public Hearing Town Council Meeting/P&Z October 21, 1997
CITIZENS' PRESENTATIONS: THIS IS AN OPPORTUNITY FOR CITIZENS TO ADDRESS
THE COUNCIL ON ANY MATTER UNDER CONSIDERATION AT THIS PUBLIC HEARING.
THE COUNCIL WILL NOT TAKE ANY ACTION ON ANY PRESENTA TION MADE TO THE
COUNCIL DURING THE PUBLIC HEARING:
The following citizens addressed the Town Council and Planning and Zoning Commission:
Kathy Adair
7 Creekmere Ct.
Harry Dayton
103 Fairway Village
Susan Edstrom
269 Oak Hill Dr.
Steve Fischer
14 Straight Creek Ct.
Kay Pratt
13 Troon Dr.
Dawn Seay
535 Timber Ridge Dr.
Fred Tregaskis
267 Oak Hill Dr.
Cathy Unger
102 Carnoustie Dr.
Y. O. Boychuk
223 Oak Hill Dr.
Karen Sadri, Town Secretary, read a portion of a letter from Billy Hughes, 216 Inverness Dr.
PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING AND/OR
CONTINUE TO A DATE CERTAIN:
Commissioner Hill moved to close the Joint Public Hearing with the Town Council. Commissioner
Reed seconded; motion passed unanimously.
TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A
DATE CERTAIN, TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO
RECONVENE INTO A JOINT PUBLIC SESSION:
Mayor Pro Tem Engelbeck moved to close the Joint Public Hearing with the Planning and Zoning
Commission and reconvene into a joint public session. Council Member McCabe seconded; motion
passed unanimously.
JOINT SESSION:
PLANNING AND ZONING COMMISSION TO CONSIDER AND AMENDMENT TO
ORDINANCE NO. 95-20 BY ADDING AS A PERMITTED USE WITHIN TRACT 2 ( WHICH
TRACT IS DESCRIBED IN ORDINANCE NO. 95-20) RESTAURANT WITH DRIVE-
THROUGH SERVICE:
Following discussion, Commissioner Gilliland moved to approve the application for amendment to
Ordinance No. 95-20 to allow a drive through restaurant and further amending the PD to allow the use
of a menu board sign per the exhibit provided by the developer showing the location, size and
configuration of the sign and recommend that for approval to the Council. Commissioner Williams
seconded; motion passed with Chairperson Hamper having to vote to break the tie. Voting for were
Commissioners Reed, Gilliland, Williams and Chairman Hamper. Voting against were Commissioners
Cotton, Hill and Schaal'.
Page 4 Joint Public Hearing Town Council Meeting/P&Z October 21, 1997
TOWN COUNCIL TO CONSIDER ADOPTING:
A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME
BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING ORDINANCE NO. 95-20 (GRANTING PD PLANNED
DEVELOPMENT ZONING TO THAT SUBDIVISION KNOWN AS THE
VILLAGE AT TROPHY CLUB AND BEING A 9.947 ACRE TRACT OF
LAND LYING AT THE NORTHWEST CORNER OF THE
INTERSECTION OF TROPHY CLUB, DRIVE AND STATE HIGHWAY
114 AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO) BY
ADDING AS A PERMITTED USE WITHIN TRACT 2 ( WHICH TRACT
IS DESCRIBED IN ORDINANCE NO. 95-20) RESTAURANT WITH
DRIVE-THROUGH SERVICE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
Following discussion, Mayor Pro Tem Engelbeck moved to reject amending Ordinance No. 94-09.
Council Member Decker seconded; motion failed. Voting for were Mayor Pro Tern Engelbeck and
Council Member Decker. Voting against were Council Members Carr, Glaspell and McCabe.
Council Member McCabe moved to approve amending Ordinance No. 94-09. Council Member Glaspell
seconded; motion passed with a majority vote. Voting for were Council Members McCabe, Glaspell and
Carr. Voting against were Mayor Pro Tem Engelbeck and Council Member Decker.
PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION WITH
TOWN COUNCIL:
Commissioner Williams moved to adjourn the Joint Public Session with the Town Council.
Commissioner- Gilliland seconded; motion passed unanimously.
TOWN COUNCIL TO ADJOURN JOINT PUBLIC SESSION WITH THE PLANNING AND
ZONING COMMISSION:
Council Member Glaspell moved to adjourn the Joint Public Session with the Planning and Zoning
Commission. Council Member McCabe seconded; motion passed unanimously.
END OF JOINT SESSION WITH PLANNING AND ZONING COMMISSION
RECESS
Mayor Carter announced a recess at 8:46 p.m.
REGULAR SESSION
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION:
Mayor Carter reconvened into regular session at 9:00 p.m.
Page 5 Town Council Meeting October 21, 1997
CITIZENS PRESENTATIONS: THIS IS AN OPPORTUNITY FOR CITIZENS TO ADDRESS
THE COUNCIL ON ANY MATTER WHETHER OR NOT IT IS POSTED ON THE AGENDA.
THE COUNCIL IS NOT PERMITTED TO TAKE ACTION ON ANY PRESENTA TION MADE TO
THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE
COUNCIL WILL HEAR PRESENTATIONS ON SPECIFIC AGENDA ITEMS PRIOR TO THE
COUNCIL ADDRESSING THOSE ITEMS:
The following citizens addressed the Council:
Bill Lewis 6 Timberline Ct. re: Communications Tower
Bill Rose 219 Inverness Dr. re: Home Rule
TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS TO CONSIDER AND ADOPT
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROHIBITING MINORS
UNDER SEVENTEEN YEARS OF AGE FROM BEING IN ANY PUBLIC PLACE BETWEEN
THE HOURS OF 11:00 P.M. AND 5:00 A.M. ON WEEKDAYS, AND BETWEEN 12:01 A.M.
AND 5:00 A.M. ON WEEKENDS; PROVIDING DEFINITION; PROVIDING CERTAIN
DEFENSES TO THE SAID PROHIBITION AND FOR ENFORCEMENT OF THE
PROHIBITION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE:
Following discussion by Council, the following citizens addressed the Council:
Lynn Gamron
Patty Goodwin
Deborah Holsworth
Kristin Holsworth
Vicki Navarre
Jaime Puskar
Bill Rose
Dawn Seay
Carl Stickane
Jimmy Sturdevant
Cathy Unger
18 Ross Ct.
9 Pin Oak Ct.
1110 Trophy Club Dr.
1110 Trophy Club Dr.
128 Greenhill Tr.
261 Oak Hill Dr.
219 Inverness Dr.
535 Timber Ridge Dr.
25 Creekmere Dr.
112 Greenhill Tr.
102 Carnoustie Dr.
Following the citizen presentations there was no motion, no action was taken on this item.
TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS TO CONSIDER ADOPTING
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE
NO. 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:
Mary Bussey, District Manager for Marcus Cable, gave her presentation to the Council.
Following discussion, Council Member Glaspell moved to accept the ordinance granting the cable
franchise to Marcus Cable and increasing the franchise fee to 5% and adding the provision that the Town
is granted Channel 10 as the Town's access channel. Council Member McCabe seconded.
Page 6 Town Council Meeting October 21, 1997
Following further discussion, Mayor Pro Tem moved to amend the previous motion by returning the
franchise fee to 3%. Council Member McCabe seconded; motion passed with a majority vote. Voting
for were Mayor Pro Tem Engelbeck, Council Members Glaspell, McCabe and Carr. Council Member
Decker abstained.
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AND ACCEPTING AN
INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICE BY AND
BETWEEN THE TOWN AND DENTON COUNTY; AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE:
Council Member Glaspell moved to adopt the resolution as written. Council Member Decker seconded;
motion passed unanimously.
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TROPHY CLUB, TEXAS RECOGNIZING THE ACCOMPLISHMENTS
OF THE TEXAS DEPARTMENT OF TRANSPORTATION DURING THE PAST 80 YEARS;
PROVIDING AN EFFECTIVE DATE:
Following discussion, Mayor Pro Tem Engelbeck moved to adopt the resolution. Council Member Carr
seconded; motion passed with Mayor Carter having to vote to break the tie. Voting for were Mayor Pro
Tem Engelbeck and Council Member Carr and Mayor Carter. Voting against were Council Members
Glaspell and Decker. Council Member McCabe abstained.
TOWN COUNCIL TO CONSIDER A VARIANCE TO ORDINANCE #95-22 (ROOFING
ORDINANCE) AT THE REQUEST OF:
KIRK NORBY OF DALWORTH TIMBEROOF
Following discussion, Council Member McCabe moved to grant the variance. Council Member Glaspell
seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER A VARIANCE TO ORDINANCE #95-16 (FENCE
ORDINANCE) AT THE REQUEST OF:
DAVE INGMIRE OF 202 CARNOUSTIE DRIVE
Dave Ingmire, 202 Carnoustie, presented his reasons for his request for a variance to ordinance 495-16.
Following discussion, Council Member Carr moved to grant the variance. Council Member McCabe
seconded; motion passed unanimously.
TOWN COUNCIL TO REVIEW AND TAKE APPROPRIATE ACTION ON THE FENCE
VARIATIONS APPROVED FOR:
STEPHANIE TURNER, 125 GREENHILL DRIVE SOUTH
This item was tabled until the November 18, 1997 meeting.
Page 7 Town Council Meeting October 21, 1997
SANDRA PARKER, 1038 TROPHY CLUB DRIVE
The fence in question has been corrected. No action taken.
TOWN COUNCIL TO MAKE PERMANENT APPOINTMENT OF ZONING BOARD OF
ADJUSTMENTS ALTERNATES:
BETTYE DAYTON, 103 FAIRWAY VILLAGE DRIVE
STUART HERIGODT, 9 AVENUE TWENTY
Following discussion, Council Member Glaspell moved to appoint Bettye Dayton and Stuart Herigodt as
alternates to the Zoning Board of Adjustments. Council Member Carr seconded; motion passed
unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
REPAIR/REPLACEMENT OF SKYLINE DRIVE: (MAYOR PRO TEM ENGELBECK)
Following discussion, Mayor Pro Tem Engelbeck suggested approving the spending of approximately
518,000.00 to repair Skyline Drive and discuss with the developer the possibility of some financial
assistance. The general consensus of the Council was to do this.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
C.O.P.S. GRANT FOR TWO (2) ADDITIONAL POLICE DEPARTMENT STAFF:
(COUNCIL MEMBER CARR)
Doyle Krauss, 549 Indian Creek Drive, addressed the Council.
Following discussion, no action was taken.
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 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. MINUTES FROM JUNE 17, 1997
B. MINUTES FROM AUGUST 5, 1997
C. MINUTES FROM AUGUST 19, 1997
D. MINUTES FROM AUGUST 28, 1997
On page 5, ADJOURN, change the p.m. to a.m.
E. FINANCIALS ENDING SEPTEMBER 30, 1997
Council Member Glaspell moved to approve all the items on the consent agenda as written, including the
change to the Minutes from August 28,1997. Council Member McCabe seconded; motion passed
unanimously.
Greg Guilluame, Senior Accountant, reported he was following up on Council's request on purchasing
procedures.
Page 8 Town Council Meeting October 21, 1997
Donna Welsh, Town Manager, updated the Council on the status of the current newsletter.
PRESENTATIONS BY COUNCIL:
Council Member McCabe expressed her concerns about questions surrounding her ability to "do her
job."
Council Member Carr expressed that he feels all the Council Members work hard.
Council Member Glaspell stated he thought the Council was a well balanced decision making body.
Council Member Decker expressed his pleasure at being a part of a "team effort".
Mayor Pro Tem Engelbeck reported on the status of the house at 241 Oak Hill Drive, and that John
Carter, Chairperson of the Finance Committee, has submitted his resignation of that position.
Mayor Carter commended the Council on a job well done.
ADJOURN:
Council Member Decker moved to adjourn at 11:03 p.m. Mayor Pro Tem Engelbeck seconded; motion
passed unanimously.
J m anter, ayor
(SEAL)
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Karen Sadri, Town Secretary
11/13/97 klm