Minutes TC 08/20/2001MINUTES OF WORKSHOP/PUBLIC HEARING AND
REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
AUGUST 20, 2001
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in Workshop, Public Hearing and Regular Session on
Monday, August 20, 2001. The meeting was held within the boundaries of the Town and was open to the public.
WORKSHOP SESSION
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Susan Edstrom
Barry Huizenga
Bill Matthai
Scott Spence
Roger Williams
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Diane Cockrell
Cathy Morgas
Jim Buxton
Bill LeGrand
Paul Rosenberger
David Miller
Renae Gonzales
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
arrived at 5:44 p.m.
Town Manager
Town Secretary
MUD Manager
Finance Director
Director of Public Works
Assistant to Town/MUD Managers
Director of DPS
Senior Accountant
Beth Ann Gregory
Information Systems Administrator
David Neal
Ways and Means Committee Member
J.D. Harvey
Ways and Means Committee Member arrived at 5:42 p.m.
Neil Twomey
Ways and Means Committee Member
CALL TO ORDER AND ANNOUNCE A QUORUM
Mayor Smith called the workshop to order at 5:40 p.m., noting a quorum was present.
BUDGET WORKSHOP WITH WAYS AND MEANS COMMITTEE TO DISCUSS FISCAL YEAR
2001/2002.
Jim Buxton recapped the changes from the last workshop; cut $750 for Christmas lights transferred $25,000 from
Corps of Engineers property to parks and recreation. There is also a 34% increase from Health insurance, for a total
of $1700. The difference in the Marshall Creek contract and the $750,000 grant from Denton County will be shown
on next year's budget as a separate line item. A penny charged in the tax rate equals $49,800.
The Council discussed the differences in leasing, buying new and buying used items like the l ton truck and the sand
spreader. The Council consensus was to leave the budget as is.
Town Staff was requested to review the feasibility of bringing legal counsel in house in the future. Town Manager
Donna Welsh will address this. Chief David Miller led the discussion of the DPS budget and answered questions.
ADJOURN WORKSHOP SESSION.
Workshop adjourned at 7:28 p.m.
REGULAR SESSION
Page 2 REGULAR SESSION August 20, 2001
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Mayor
Susan Edstrom
Mayor Pro Tem
Barry Huizenga
Council Member
Bill Matthai
Council Member
Scott Spence
Council Member
Roger Williams
Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Town Manager
Diane Cockrell
Town Secretary
Jim Buxton
Finance Director
Bill LeGrand
Director of Public Works
Paul Rosenberger
Asst. to Town/MUD Managers
David Miller
Director of DPS
Patricia Adams
Town Attorney
Gene Hill
Planning and Zoning Commission Chairman
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Smith called the Regular Meeting to order at 7:40 p.m., noting a quorum was present.
INVOCATION: Chief David Miller gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Council Member Huizenga led 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 ON OR DISCUSS ANY PRESENTATIONS 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.
There were no presentations made.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING:
The Town Council convened into the Public Hearing at 7:43 p.m.
PUBLIC HEARING
TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO AN ORDINANCE OF THE
TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 98-08 P&Z OF THE TOWN
GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND
WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE 7
TO ADOPT PROVISIONS FOR THE DEVELOPER'S AGREEMENT, FINANCIAL ASSURANCE AND
CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS TO INCLUDE REQUIREMENTS
FOR ESTABLISHING PROCEDURES, PERFORMANCE BONDS, PAYMENT BONDS AND
MAINTENANCE BONDS, FINANCIAL ASSURANCES, INSPECTIONS AND APPROVAL OF PUBLIC
IMPROVEMENTS, DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS, GENERAL
CONSTRUCTION REQUIREMENTS, APPROVAL OF WORK, OWNERSHIP AND MAINTENANCE OF
COMPLETED PUBLIC FACILITIES, AND REFUND PROVISIONS FOR FUTURE CONNECTIONS TO
A SANITARY SEWER SYSTEM; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE, OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
Page 3 REGULAR SESSION August 20, 2001
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Planning and Zoning Chairman Gene Hill shared that the Town has, in the past, not had clear information regarding
these items. Town Attorney Patricia Adams explained that there has not been a Developer's Agreement.
The Planning and Zoning Commission conducted a Public Hearing on August 16, 2001. The Commission voted
unanimously to approve the amendment to Ordinance 98-08 P&Z.
TOWN COUNCIL TO CLOSE PUBLIC HEARING:
The Town Council closed the Public Hearing at 7:47 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION:
REGULAR SESSION
TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 98-08 P&Z OF THE TOWN GOVERNING AND REGULATING
THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS
OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE 7 TO ADOPT PROVISIONS FOR
DEVELOPER'S AGREEMENT, FINANCIAL ASSURANCE AND CONSTRUCTION CONTRACTS FOR
PUBLIC IMPROVEMENTS TO INCLUDE REQUIREMENTS FOR ESTABLISHING PROCEDURES,
PERFORMANCE BONDS, PAYMENT BONDS AND MAINTENANCE BONDS, FINANCIAL
ASSURANCES, INSPECTIONS AND APPROVAL OF PUBLIC IMPROVEMENTS, DEFERRAL OR
WAIVER OF REQUIRED IMPROVEMENTS, GENERAL CONSTRUCTION REQUIREMENTS,
APPROVAL OF WORK, OWNERSHIP AND MAINTENANCE OF COMPLETED PUBLIC FACILITIES,
AND REFUND PROVISIONS FOR FUTURE CONNECTIONS TO A SANITARY SEWER SYSTEM;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Edstrom made a motion to approve the Ordinance as written. Council Member Matthai seconded;
motion carried unanimously.
REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT)
A. ECONOMIC DEVELOPMENT CORPORATION B
• Previous meeting discussion and action
Mr. Jim Buxton shared that the EDC B is looking at purchasing a siren system and contributing additional money to
the July 4`h Celebration.
B. EDITORIAL REVIEW BOARD
• Previous meeting discussion and action
Mr. Gene Hill expressed that the Board is working on editing the September issue's articles and the newspaper
should be received on September Is'.
C. PARKS AND RECREATION COMMITTEE
• Previous meeting discussion and action
Mr. Billy Hughes updated the Council on the following Parks and Recreation Committee projects: the 10 Acre Park
environmental study and appraisal of land to be acquired has been completed. The TRA permit has been submitted
and the final design plans have been submitted to Texas Accessibility Standards (TAS) / American Disability Act
(ADA) agency for compliance review. The Texas Parks and Wildlife is in the process of reviewing the final design
plans.
Page 4 REGULAR SESSION August 20, 2001
Mr. Hughes also reported that NISD has passed the _joint use agreement that is on the Council agenda. The
McCombs Field improvements are still ongoing; the bail fields have been prepared for the upcoming season. The
TAS/ADA inspection has been completed at Harmony Park, the Committee is awaiting the results. General
maintenance at Harmony is also on going. The tennis court windscreen has been replaced. General maintenance is
also on going at Lakeview Elementary Soccer Fields. The concept plan for the Corps Property is being designed by
Hoover & Klein.
The Committee will be interviewing five candidates at their August 23`d meeting. The Committee has three
vacancies to fill.
D. PLANNING AND ZONING COMMISSION
• Previous meeting discussion and action
Mr. Gene Hill stated that the Commission met on August 16`" and discussed the Developer's Agreement. The
Women's Club has requested a date change for the Garage Sale from September to October 27'h this will come
before the Council in the near future. Team Trophy Club Day will be October 20`h, depending on the DPS review.
The Commission is also working on a Sign Ordinance Update.
E. PUBLIC WORKS COMMITTEE
• Previous meeting discussion and action
At the last meeting the Public Works Committee discussed recycling and Hazardous Materials handling and future
landscaping of the medians.
TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS, REPEALING ORDINANCE NO. 95-22, ESTABLISHING ROOFING REQUIREMENTS; AND
ADOPTING NEW PROVISIONS TO INCLUDE DEFINITIONS; REQUIREMENTS FOR LAMINATED
SHINGLES; PROHIBITING THE USE OF WOOD SHINGLES AND WOOD SHAKES AND PROVIDING
EXCEPTIONS FOR SAME; PROVIDING REQUIREMENTS FOR ROOF REPAIR PERMITS;
PROVIDING FOR COMPLIANCE WITH THE UNIFORM BUILDING CODE; PROVIDING AN
APPEALS PROCESS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Mr. Gary Sparks of 102 Pebble Beach addressed the Council.
Bill LeGrand explained that we are trying to establish the look of a laminated roof and to clarify the requirements on
homeowners.
Council Member Williams made a motion to approve the Ordinance to include Dallas and Plano in the 2nd Whereas
paragraph. Council Member Matthai seconded; motion carried unanimously.
The 2°d Whereas paragraph now reads:
WHEREAS, neighboring cities of Dallas and Plano have experienced severe fires in single-family residential
neighborhoods, which fires have spread as a result of, at least in part, the residential dwellings have wood shingles or
wood shake roofs;
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE (1) MEMBER TO THE BOARD OF
MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
A. OLIVE STEPHENS
Chief Miller gave a brief history of the Denco Area 9-1-1 Board.
Mayor Pro Tem Edstrom made a motion to approve the Resolution as written. Council Member Matthai seconded;
motion carried unanimously.
Page 5 REGULAR SESSION August 20, 2001
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE (1) SEAT ON THE UTILITY FRANCHISE
COMMITTEE FOR A TWO-YEAR TERM; AND PROVIDING AN EFFECTIVE DATE.
A. DAN KAMP
Mr. Jim Moss, chairman of the Utility Franchise Committee, asked the Council to appoint of Mr. Dan Kamp.
Council Member Matthai made a motion to approve the Resolution as written. Council Member Williams seconded;
motion carried unanimously.
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND
NORTHWEST INDEPENDENT SCHOOL DISTRICT• PROVIDING TERMS AND CONDITIONS FOR
THE JOINT USE OF A PORTION OF THE LAND AT THE NEW 10 ACRE PARK AND SCHOOL
DISTRICT PROPERTY AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
Mr. Paul Rosenberger explained that this agreement would allow the Town to use the parking lots of the schools and
allow them to use our South parking lot. The Interlocal Agreement follows the Resolution in the packet. The Town
is trying to maximize the property use of 10 acres.
In the future, we should see additional Interlocal Agreements for joint use inside the schools.
Ms. Patricia Adams added that the Town's insurance should be reviewed to verify coverage.
Council Member Matthai made a motion to approve the Resolution amending the first paragraph of the Joint Usage
Agreement. Mayor Pro Tem Edstrom seconded; motion carried unanimously.
The Joint Usage Agreement first paragraph now reads:
This Agreement (the "Agreement") is made and entered into this I" day of September, 2001, by and between the
Town of Trophy Club, a municipal corporation organized under the laws of the State of Texas (the "Town") and the
Northwest Independent School District, a school district organized under the laws of the State of Texas (the
"District").
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO RESCHEDULE THE DATE
PREVIOUSLY SET FOR THE PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN
ORDINANCE INCREASING THE AMOUNT OF THE AD VALOREM TAX EXEMPTION FOR
PERSONS 65 YEARS OF AGE AND OLDER TO THE AMOUNT OF $30,000 FROM SEPTEMBER 4, 2001
TO AUGUST 27 2001 IN ORDER TO COINCIDE WITH THE FIRST BUDGET HEARING.
Council Member Huizenga explained that much misinformation has gone out regarding this item. It has never been
the intent of this Council to not support this information. As a result of this being tabled, we received additional
information from the Ways and Means Committee and Staff. We now have a clear picture of what we can and
cannot do.
Council Member Huizenga made a motion to reschedule the Public Hearing to August 27, 2001. Council Member
Williams seconded; motion carried unanimously.
MAYOR SMITH TO FILE THE 2001-2002 BUDGET WITH THE TOWN SECRETARY AND
ANNOUNCE AUGUST 27, 2001 FOR PUBLIC HEARING REGARDING FY 2001-2002 BUDGET.
Mayor Smith announced that the Public Hearing on the Budget will be next Monday, August 27"'. Mayor Smith also
commended the Staff, Council and Ways and Means Committee for their work on the Budget.
The changes that have been made to the Budget include cutting $750 for Christmas Lights and an addition of $1700
for Insurance. $25,000 has been taken from the Corps of Engineers property and added to the Parks Budget.
Page 6 REGULAR SESSION August 20, 2001
This is a very good Budget; it meets the needs of staffing, street repairs and parks obligations.
Council Member Huizenga made a motion to approve the Mayor filing the 2001-2002 Budget with the Town
Secretary. Council Member Spence seconded; motion carried 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. REGULAR SESSION MINUTES DATED AUGUST 6, 2001
B. FINANCIALS DATED JULY 31, 2001
Council Member Matthai asked to remove the July 31, 2001 Financials.
Mayor Pro Tem Edstrom made a motion to approve the August 6, 2001 minutes as written. Council Member
Huizenga seconded; motion carried unanimously.
After discussion, Council Member Matthai made a motion to approve the July 31, 2001 Financials as presented.
Council Member Huizenga seconded; motion carried unanimously.
ADJOURN.
Council Member Williams made a motion to adjourn at 8:49 p.in
carried unanimously.
ATTEST:
Town Secretary, Town of Trophy Club, Texas
Council Member Huizenga seconded; motion