Minutes TC 01/19/19991021101a NDLY��1
TOWN COUNCIL WORKSHOP
JOINT PUBLIC HEARING & JOINT PUBLIC SESSION WITH PLANNING & ZONING
COMMISSION/
REGULAR TOWN COUNCIL MEETING/
FOR THE
TOWN OF TROPHY CLUB
JANUARY 19, 1999
THE STATE OF TEXAS §
COUNTY OF DENTON
The Town Council of the Town of Trophy Club met in a joint public hearing and joint public session with
Planning and Zoning on Tuesday, January 19, 1999. The meeting was held within the boundaries of the
Town and was open to the public.
COUNCIL MEMBERS PRESENT:
Marshall Engelbeck Mayor Pro Tem
Kay Pratt Council Member
Susan H. McCabe Council Member
Ben Brewster Council Member
COUNCIL MEMBERS ABSENT:
Keven Carr Council Member
STAFF AND GUESTS PRESENT:
Donna Welsh
Town Manager
Diane Cockrell
Town Secretary
Cathy Morgas
Planning Director
Bill Legrand
Director of Public Works
Roger Unger
Municipal Utility District Manager
PLANNING AND ZONING COMMISSION:
Mike Hamper
Chairperson
Donald Cotton
Commissioner
Roger Williams
Commissioner
Gene Hill
Commissioner
Rick Gilliland
Commissioner
Clayton Reed
Commissioner
DeAnne McKenzie
Municipal Planned Resource Group
Page 2 Town Council/P&Z Joint Public Session January 19, 1999
Workshop
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Pro Tem Engelbeck called the meeting to order at 6:00 p.m., noting a quorum was present.
DISCUSSION OF REGULAR AGENDA ITEMS
Mayor Pro Tem Engelbeck asked that each council member receive voice mail so that they may receive
messages. Cathy Morgas explained this process and everyone would receive an updated list of
extensions.
Procedure for Agenda items will be: items will be introduced by agenda items, bring it to the floor,
discuss, make amendments, and then make a motion. That is acceptable with the city attorney.
Cathy Morgas explained joint session with Planning and Zoning.
John Livers gave a short presentation to amicably resolve conflict regarding the wall.
Mayor Pro Tem Engelbeck gave information on Marcus Cable. Marcus representatives will be here later
tonight.
ADJOURN
Workshop adjourned at 6:50 p.m.
REGULAR SESSION
INVOCATION.
Roger Unger, Municipal Utility District Manager, gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND TEXAS FLAGS.
Pam Liston gave the pledges.
CITIZEN 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 ONANY
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.
No presentations at this time.
Page 3 Town Council/P&Z Joint Public Session January 19, 1999
PUBLIC HEARING
TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING
ZONING COMMISSION.
Council Member McCabe moved to open the joint public hearing with the Planning and Zoning
Commission. Council Member Brewster seconded; motion passed unanimously.
PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC
HEARING WITH THE TOWN COUNCIL.
Commissioner Hill moved to open the joint public hearing with the Town Council. Commissioner
Reed seconded; motion passed unanimously.
TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE
PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING:
A. To consider a site plan application (SP -007-98) from the Trophy Club Country Club
requesting additions and alterations to the clubhouse.
P&Z Chairman Hamper updated the Council on the site plan.
Larry Hayes, General Manager, Trophy Club Country Club, and Barry Hand, Project Engineer,
presented the site plan for the Trophy Club Country Club requesting additions and alterations to
the clubhouse.
No public comments.
B. To consider a site plan change (SP -008-98) to Planned Development District #13, The
Village, Tract 2 (known as the Tetco Mobil Convenience Store). This application is to
request a change from a convenience/restaurant tract to a convenience/restaurant/car wash
tract.
Richard Peacock, representative for Tetco Stores gave his presentation to the Council regarding a
change to the site plan to Planned Development District #13, The Village, Tract 2 (known as the
Tetco Mobil Convenience Store).
Chairman Hamper updated the Council on P&Z requirements and objectives, including the
removal of the car wash sign.
No public comments.
C. To consider a zoning change from R-12 and R-15 (Residential Districts) to Planned
Development District (PD#20), Estates of Hogan's Glen (Phase H).
John Harbin, Vice President, Beck Properties gave his presentation to the Council regarding a
zoning change for R-12 and R-15 (Residential Districts) to Planned Development District
(PD#20), Estates of Hogan's Glen (Phase II).
Chairman Hamper added general information about the PD.
Public Comments:
Bob Spinelli, 117 Fairway Village Drive
Page 4 Town Council/P&Z Joint Public Session January 19, 1999
TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A
DATE CERTAIN.
Council Member Pratt moved to close the joint public hearing at 7:38 p.m. Council Member
McCabe seconded; motion passed unanimously.
PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING
AND/OR CONTINUE TO A DATE CERTAIN.
Commissioner Reed moved to close the joint public hearing at 7:38 p.m. Commissioner Williams
seconded; motion passed unanimously.
TOWN COUNCIL AND PLANNING AND ZONING COMMISSION TO CONVENE
INTO A JOINT SESSION.
Town Council and Planning & Zoning Commission convened into joint session.
JOINT PUBLIC SESSION:
TOWN COUNCIL TO OPEN JOINT PUBLIC SESSION WITH THE PLANNING AND ZONING
COMMISSION.
Council Member Brewster moved to open the joint public session with the Planning & Zoning
Commission at 7:39 p.m. Council Member Pratt seconded; motion passed unanimously.
PLANNING AND ZONING COMMISSION TO OPEN JOINTPUBLIC SESSION WITH THE
TOWN COUNCIL.
Commissioner Williams moved to open the joint session with the Town Council at 7:39 p.m.
Commissioner Hill seconded; motion passed unanimously.
TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE P&Z AND
TAKE APPROPRIATE ACTION REGARDING:
A. A site plan application (SP -007-98) from the Trophy Club Country Club requesting
additions and alterations to the clubhouse.
Commissioner Hill moved to recommend approval of the site plan application from the Trophy
Club Country Club requesting additions and alterations to the clubhouse to the Town Council.
Commissioner Gilliland seconded; motioned passed unanimously.
Council Member Pratt moved to approve the additions and alterations to the clubhouse. Council
Member Brewster seconded the motion; motion passed unanimously.
B. To consider a site plan change (SP -008-98) to Planned Development district 913, The
Village, Tract 2 (known as the Tetco Mobil Convenience Store). This application is to
request a change from a convenience/restaurant tract to a convenience/restaurant/car wash
tract.
Commissioner Reed moved to recommend approval of the site plan change to Planned
Development District #13, The Village, Tract 2 (known as the Tetco Mobil Convenience Store),
with the amendment that the car wash sign be removed. Commissioner Williams seconded;
motion passed unanimously.
Page 5 Town Council/P&Z Joint Public Session January 19, 1999
Council Member McCabe made the motion to approve the site plan with modifications. Council
Member Brewster seconded; motion passed unanimously.
C. A zoning change from R-12 and R-15 (Residential Districts) to Planned Development
(PD#20), Estates of Hogan's Glen, Phase II.
Commissioner Hill moved to recommend approval to the Town Council of a zoning change from
R-12 and R-15 (Residential Districts) to Planned Development (PD#20), Estates of Hogan's Glen
(Phase II to the Town Council. Commissioner Williams seconded; motion passed unanimously.
Council Member Pratt moved to approve the zoning change. Council Member McCabe
seconded; motion passed unanimously.
D. Approval the final plat for the Estates of Hogan's Glen, Phase II.
Planning & Zoning previously approved this in their last regular meeting.
Council Member McCabe made the motion to approve the final plat. Council Member Brewster
seconded; motion passed unanimously.
E. Approval of the final plat for the Estates of Hogan's Glen, The Enclave.
Council Member McCabe made the motion to approve the final plat. Council Member Pratt
seconded; motion passed unanimously.
TOWN COUNCIL TO ADJOURN JOINT PUBLIC SESSION WITH THE PLANNING
AND ZONING COMMISSION.
Council Member Brewster moved to adjourn the joint session with the Planning and Zoning Commission
at 7:50 p.m. Council Member McCabe seconded; motion passed unanimously.
PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION
WITH TOWN COUNCIL.
Commissioner Reed moved to adjourn the joint public session with the Town Council at 7:50 p.m.
Commissioner Cotton seconded; motion passed unanimously
END OF JOINT PUBLIC SESSION WITH PLANNING AND ZONING COMMISSION
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION.
REGULAR SESSION.
Town Council reconvened into regular session at 7:43 p.m.
TOWN COUNCIL TO RECEIVE AN UPDATE FROM THE HIGHWAY 114 TASK FORCE.
John Livers gave a presentation from the Highway 114 Task Force.
Page 6 Town Council/P&Z Joint Public Session January 19, 1999
TOWN COUNCIL TO DISCUSS TERMINATION OF FRANCHISE AGREEMENT
WITH MARCUS CABLE. (MARSHALL ENGELBECK)
Mayor Pro Tem Engelbeck gave update on the status of Marcus Cable. Margaret Mosley
introduced Dave Wareheim, the new regional Vice President of Marcus Cable. Mr. Wareheim
said his top priority is to do what needs to be done to make this program the best for Trophy
Club. Mr. Farrell Moseley, Regional Engineer, gave a presentation. The Council agreed to
offer the following terms and conditions in exchange for a six month suspension of actions taken
(to date) to terminate the franchise agreement.
This agreement would include a written "cut over" plan and customer education program.
It would also include written information on what channels are available with and without
converter boxes, a written explanation why boxes are required, and their value to customers who
have cable -ready TV sets.
The Council also instructed Marcus Cable to reaccomplish the current franchise agreement
which would protect the Town's current rights to unilaterally terminate the agreement for cause,
i.e., substandard services to the customer.
TOWN COUNCIL TO ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ESTABLISHING THE COMPREHENSIVE REGULATIONS GOVERNING THE
CONSTRUCTION, REGULATION, AND PERMITTING OF FENCES; PROVIDING FOR
APPEAL; PROVIDING A SAVINGS CLAUSE; REPEALING AND REPLACING ORDINANCE
NO. 97-27 RELATING TO FENCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00)
Council Member McCabe moved to approve the ordinance with amendments. Council Member Brewster
seconded; motion passed unanimously. Included in the amendments: no dog runs may be constructed on
the golf course; no fences in the front yard, and the definition of picket fences.
TOWN COUNCIL TO ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
RELATING TO MOBILE HOME AND HUD CODE MANUFACTURED HOME PLACEMENT
AND REPLACEMENT WITHIN THE CORPORATE LIMITS OF THE TOWN; REPEALING
ORDINANCE NOS. 92-09 AND 97-04 RELATING TO THE PLACEMENT OF BOATS,
RECREATIONAL VEHICLES AND TRAILERS: RELATING TO BOAT AND TRAILER
PLACEMENT AND SCREENING WTHIN THE TOWN; RELATING TO RECREATIONAL
VEHICLES; RELATING TO PLACEMENT OF TRUCKS AND COMMERCIAL VEHICLES
WITH A MANUFACTURER'S RATED CLASSIFICATION OF GREATER THAN 1 1/2 TONS
WITHIN THE TOWN; PROVIDING FOR A PENALTY OF NOT LESS THAN ONE DOLLAR
($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00); PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
Council Member Pratt moved to bring this item to the floor. Council Member Brewster seconded;
motion passed unanimously.
Council Member McCabe made a motion to approve the ordinance. Council Member Brewster seconded;
motion passed unanimously.
Page 7 Town Council/P&Z Joint Public Session
The Town Council took a five minute recess.
January 19, 1999
TOWN COUNCIL TO ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS ACCEPTING A BID FROM AND AWARDING A BID TO
CHICKASAW CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF CERTAIN
STREET AND SIDEWALK REPAIR AS DESIGNATED IN EXHIBIT "A" IN THE AMOUNT
OF FIVE HUNDRED TWENTY EIGHT THOUSAND SIX HUNDRED FIFTY SEVEN
DOLLARS AND FIFTY SIX CENTS ($528,657.56); AUTHORIZING AND DIRECTING THE
MAYOR PRO TEM TO EXECUTE A CONTRACT FOR THE SAID STREET AND SIDEWALK
REPAIR WITH CHICKASAW CONSTRUCTION COMPANY; PROVIDING AN EFFECTIVE
DATE.
Council Member Brewster made a motion to bring this item to the floor. Council Member McCabe
seconded; motion passed unanimously.
Council Member McCabe made the motion to award as recommended. Council Member Pratt seconded;
motion passed unanimously.
TOWN COUNCIL TO CONSIDER A WAVIER TO FENCE ORDINANCE 97-27 AT THE
REQUEST OF:
A. Kurt Hippchen 6 Lake Forest Court
Council Member Brewster made a motion to approve the waiver. Council Member McCabe seconded;
motion passed unanimously.
B. Beck Properties Fox Pointe Development
John Harbin
Council Member McCabe made the motion to approve the waiver. Council Member Brewster seconded;
motion passed unanimously.
CONSENT AGENDA: ALL MATTERS LISTED UNDER CONSENT AGENDA ITEM 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 OF DECEMBER 1, 1998 MEETING.
B. MINUTES OF DECEMBER 15, 1998 MEETING.
C. FINANCIAL REPORTS ENDING 9/30/98
D. FINANCIAL REPORTS ENDING 10/31/98
E. FINANCIAL REPORTS ENDING 11/30/98
F. A CORPORATE AUTHORIZATION RESOLUTION TO UPDATE AUTHORIZED
SIGNATURES FOR THE PAYROLL ACCOUNT AT TEXAS NATIONAL BANK.
Page 8 Town Council/P&Z Joint Public Session January 19, 1999
G. A CORPORATE AUTHORIZATION RESOLUTION TO UPDATE AUTHORIZED
SIGNATURES FOR THE OPERATING ACCOUNT, TAX FUND ACCOUNT AND
SAFETY DEPOSIT BOX AT NORTHWEST BANK AND THE TEXPOOL ACCOUNT.
Council Member Pratt made the motion to approve the consent agenda as presented in items A through G.
Council Member Brewster seconded; motion carried with Council Member McCabe abstaining on the
December 1, 1998 minutes.
STAFF AND COMMITTEE REPORTS.
Cathy Morgas, Planning Director, Planning & Zoning gave an update on current projects Planning and
Zoning are working on: 1) comprehensive zoning ordinance, and 2) comprehensive land use plan.
Diane Cockrell, Town Secretary, stated that she will be out of town Wednesday, Thursday, and Friday of
the week she would be normally preparing the agenda and packets and if the Council has any items to go
on that agenda that she be contacted by noon on Monday, January 25.
Roger Unger, MUD Manager, explained an article in the newsletter regarding IOS rating. He also
reported the fire department has gained new volunteers.
Bill LeGrand, Director of Public Works, was requested by the finance committee to present an estimated
cost for the loop road. This will be presented at their meeting on January 20, 1999. Council was
presented with a handout of what it involves.
Gene Hill, Chairman, Corp Property Task Force, reports that the task force is still gathering information
on the corp property and are trying to develop concepts on a financial plan to get involved in this. The
next meeting is scheduled for Friday, January 22. They will bring a report on the outcome of that meeting
to the Council at their next meeting.
Barbara Tweedie, Public Relations Committee Chairperson, reports that a reception is being planned
in appreciation for Mayor Carter. Following discussion the date chosen was February 28, 1999 from
2-4 p.m.
Jon Livers, Economic Development Committee, stated the committee held its meeting Monday night and
reviewed some of the issues of associated with Code.
PRESENTATIONS BY COUNCIL.
Council Member McCabe stated that Public Works has a contract for street sweeping of the main streets.
She also asked that the sidewalks between the schools be cleaned.
Council Member Brewster complimented Mayor Pro Tem Engelbeck on his first official chair duty and
his use of parliamentary procedures.
Mayor Pro Tem Engelbeck wanted to discuss the house at 2 Meadowbrook. Following discussion staff
was directed to send the owner and occupant letters asking them to fix the problem.
Page 9 Town Council/P&Z Joint Public Session January 19, 1999
Council Member Brewster had a question regarding certificate of occupancy for rental properties. Has
anything been done to move this along and create such a process? Bill LeGrand answered all commercial
rental properties are inspected; however, residential rental properties are not inspected. Other ordinances
from other cities will be reviewed regarding this item.
EXECUTIVE SESSION. • TOWN COUNCIL TO CONSULT WITH TOWN
ATTORNEY TO DISCUSS CONTEMPLATED LITAGATION TEX.GOV'T.CODE ANN. SEC.
551.071 (VERNON 1994).
A. REGARDING THE HIGHWAY 114 B-2 PLAN.
Council entered into Executive Session at 9:55 p.m.
RECONVENE INTO OPEN SESSION: TOWN COUNCIL TO DISCUSS AND TAKE
APPROPRIATE ACTION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION
Council reconvened into open session at 10:47 p.m.
A. REGARDING THE HIGHWAY 114 B-2 PLAN.
No action taken.
ADJOURN.
Council Member McCabe made the motion to adjourn at 10:56 p.in. Council Member Pratt seconded;
motion passed unanimously.
Mayor Pro Tem
(Seal)
,✓j
City Secretary
M 11999