Minutes TC 11/19/2001MINUTES OF
REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
NOVEMBER 19, 2001
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday,
November 19, 2001. The meeting was held within the boundaries of the Town and was open to the
public.
REGULAR SESSION
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Susan Edstrom
Bill Matthai
ScottSpence
Roger Williams
TOWN COUNCIL MEMBERS ABSENT:
Barry Huizenga
STAFF AND GUEST(S) PRESENT:
Diane Cockrell
Bill LeGrand
David Miller
Patricia Adams
Gene Hill
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Secretary
Director of Public Works
Director of DPS
Town Attorney
P&Z Chairman
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Smith called the Regular Session to order at 7:37 p.m., noting a quorum was present.
INVOCATION: David Miller gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mayor Pro Ten,
Edstrom 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.
Ms. Tiffany Haetling of 150 Canyon Oaks, Argyle and Mr. Davis Palmer of 9 Panorama Trail
addressed the Council.
Page 2 REGULAR SESSION November 19, 2001
Mr. Jim Thomas of 7 Meadowbrook Lane addressed the Council, asking that the following be read
into the record:
"My name is Jim Thomas and my wife Irma and I reside at 7 Meadowbrook Lane. We
have lived in Trophy Club for 17 years; and I have had the privilege of serving our
community as a MUD Director since our arrival.
Most of you in City Government know me, many of you quite well. I do my best to
try and understand the "facts" associated with any issue affecting the residents of
Trophy Club, and once understood, am not at all bashful about sharing what I have
learned with others.
I travel a lot in business — quite a lot the past two years. As I watched the events
unfold concerning the closure of Kirkwood Blvd., I became more and more concerned
that a solution, which was going to severely impact our residents, negatively, was
becoming imminent. I simply could not believe that Southlake and Sabre would not
work closely with Trophy Club towards a solution that all parties could live with.
With the start of construction for the eventual gates on Kirkwood Blvd., I realized that
all past negotiation, regardless of how much or how little, had been to no avail. I set
out to better understand what had, and had not occurred, and I became frustrated, and
I must admit angered, at what I learned. My travel schedule prevented me from taking
direct action immediately, but I did so as soon as possible.
My first action was to contact Cy Holley and discuss with him if any efforts to picket
Sabre, drawing as much media attention as possible to the situation, would adversely
affect his law suit against Southlake. To the contrary, Cy encouraged the pickets
saying that when a Judge eventually considered his complaint, that having public
unrest by residents of Trophy Club over the issue of safety, would be most helpful to
his cause. Learning this, and having a young daughter who just turned 16 and will
soon have to face the alternative being forced upon the citizens of Trophy Club by the
closure of Kirkwood Blvd., the very dangerous intersection at Precinct Line Road. I
organized a series of picketing in front of the Sabre complex. This morning was our
4th such day of picketing; and is not our last.
There are a number of people that I wish to openly thank for their support of this
effort. With as little time as I had to get everything organized and rolling, I appreciate
so very much the donation of signboards by Gary Tomlin, which we have used every
day. Also, Gary was very helpful in providing me with a complete list of media
contacts, and in advising our organizational meeting, forty people, in my home, on the
proper way to get the media's attention.
Roger Williams was just great in joining us the first day on the picket line. Susan
Edstrom was just great in joining us the second day of picketing, and Bill Matthai was
just great in joining us today. To all three of you, I say thank you from the bottom of
my heart.
Before I began this effort, I sat down with my wife and daughter and explained to
them what I was going to do, what I hoped to accomplish, and why I was doing it. I
realized that Cy's case might not see a courtroom until long after Kirkwood was
closed; yet, I also learned that his "approach" might be benefited tremendously by a
public outcry. More importantly to me though, and what was shared with my family,
was the fact that I simply could not face myself in the mirror each morning if one of
our residents lost their life at Precinct Line Road, and I had done absolutely nothing to
try and prevent it.
I told those forty people in my home that first night exactly this, and that we had an
absolutely uphill fight, that we had little chance of winning; but that if we did nothing,
we had surely already lost. There was absolutely no thought whatsoever on my part to
this becoming a political situation; and quite honestly, I deeply resented it when a
Page 3 REGULAR SESSION November 19, 2001
recent editorial portrayed it as such. It's just plain wrong when a statement is printed
out of context, and used for negative purposes.
Mayor Smith, during this meeting, the group was becoming very vocal, negatively,
about their perceptions of what your administration, and this Council, was not doing,
and had not done, about this situation. I stopped such negative talk immediately in
order to refocus everyone's attention as to why I had invited them into my home — our
safety, or lack of it, associated with the closure of Kirkwood Blvd. Since Mrs.
Edstrom had chosen to attend the meeting, I introduced her to the group as a council
member, stated that I was confident that our city government was, and had been
involved, in this issue for several years and that I appreciated her presence and wished
we had 5 more just like her.
Everyone in that room understood the intent of my comment — that 1 was so very
thankful that Mrs. Edstrom would take time out of her schedule to attend our initial
meeting. To see this in print as a "complete distortion" of what actually occurred
disappointed my family and myself tremendously.
Hopefully, Cy Holley's strategy will become quite obvious to those in this chamber
that may not have fully understood it, and to our residents as well. If that strategy
succeeds, I trust our picketing in front of Sabre was beneficial to its success. If the
strategy fails, and Kirkwood Blvd. is closed, and a resident of Trophy Club is killed at
Precinct Line Road, I will "always" be able to stand in front of a mirror, face myself,
and say —`I tried to make a difference - I tried to prevent it.' Thank you."
REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT)
A. ECONOMIC DEVELOPMENT CORPORATION B
• Previous meeting discussion and action
Mr. Jim Hicks reported that Director Miller and Chief Tucker made a presentation regarding the bid
specs for the Emergency Early Warning System. Bid tabulation and contract award are planned for
January 14, 2002, with an expected 30 -day turnaround. Three vendors have submitted bids. The
EDC website is completed with final review at December meeting.
B. EDITORIAL REVIEW BOARD
• Previous meeting discussion and action
Mr. Gene Hill stated the articles and issues have been identified for the December issue. We are in
the process of editing, with the final editing meeting scheduled for November 26. Plans are to go to
press for distribution on or before December 1.
C. PARKS AND RECREATION
• Previous meeting discussion and action
Council Member Matthai shared an update on the Corp Property by Hoover and Klein. Parks and
Recreation Billy Hughes was appointed as representative to the CIA Task Force. The Parks and
Recreation website is in need of updating. A special application form for new committee members is
being designed. Still waiting on approval from the Texas Parks and Wildlife before we can move
forward with 10 Acre Park.
D. PLANNING AND ZONING
• Previous meeting discussion and action
Mr. Gene Hill stated there was not a quorum at last Thursday's meeting; as a result there will be a
Special Meeting scheduled for Tuesday or Wednesday of next week.
Page 4 REGULAR SESSION November 19, 2001
E. PUBLIC WORKS
• Previous meeting discussion and action
Bill LeGrand stated there are two contracts coming up in December. A special meeting will be
scheduled for the end of the month with recommendations regarding the Summit Cove Trophy Club
Contract and the Curb and Street Repair Contract available at the first Council meeting in January.
Marshall Creek is ahead of schedule. Summit Cove will be advertised in the paper November 20;
accepting bids on December 14. Trophy Club Drive's scheduled opening is December 1-15, 2001,
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
Council convened into Executive Session at 8:02 p.m.
EXECUTIVE SESSION
PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551,
SECTION 51.071(2), THE COUNCIL WILL ENTER INTO EXECUTIVE SESSION TO
DISCUSS THE FOLLOWING:
CONSULTATION WITH TOWN ATTORNEY ON A MATTER IN WHICH THE
DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE
DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR
OF TEXAS CLEARLY CONFLICT WITH THE OPEN MEETINGS ACT.
(1) Legal Advice relative to developer participation contracts and drainage
issues in the development of property.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
Council reconvened into Regular Session at 8:34 p.m.
REGULAR SESSION
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
PRESENTATION, DISCUSSION AND APPROPRIATE ACTION RELATIVE TO THE
REQUEST FOR PRELIMINARY PLAT APPROVAL OF A 23.5361 ACRE TRACT OF LAND
ZONED PD -16, THE KNOLL, LOCATED GENERALLY TO THE NORTH OF GREENHILL
TRAIL, WEST OF PANORAMA TRAIL AND SOUTHWEST OF RIDGEVIEW LANE.
APPLICANT: TERRA LAND DEVELOPMENT COMPANY (PP -01-001)
Council Member Williams made a motion to table this item. Council Member Matthai seconded;
motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION,
PURSUANT TO THE TEXAS GOVERNMENT CODE SECTION
(1) Legal Advice relative to developer participation contracts and drainage
issues in the development of property.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
TROPHY CLUB'S PARTICIPATION IN OFFSITE DRAINAGE IMPROVEMENTS
RELATIVE TO DEVELOPMENT OF THE KNOLL.
Page 5 REGULAR SESSION November 19, 2001
Mr. Rusty Walker of 500 Trophy Club Drive and Mr. Bruce Moray of 536 Timber Ridge addressed
the Council.
Mayor Smith explained that the Council would need to establish a public purpose. He explained that
when determining whether a public purpose exists, the Town Council should evaluate the nature of the
issue that it is attempting to address. If the issue involves only private property and the solution would
only benefit private property, then no public purpose would be served and the expenditure would be
prohibited. However, if the issue affects public property or the safety of the public, it, therefore,
would be an issue that the Town would attempt to resolve and a valid public purpose is served.
Bill LeGrand explained that a requirement for the developer of the Knoll is to capture the water from
the subdivision and not allow any water to drain on surrounding properties. The developer is
requesting the Town's participation because lie is not only capturing his water but also addressing the
capture of water from an existing water problem that has been there for years. Master District has
declined participation in this project
Town Attorney Adams explained the public purpose justification for doing this would be for any
potential damage to the Town's existing infrastructure at that location if the water is not controlled,
and also if there is a hazard to the public in using the roadway; if water is pooling in the road and
posing a hazardous condition to pedestrians or vehicles. If it is simply a matter of water draining off
of private property from developers and impacting private property residents abutting, there is not
public purpose.
Bill LeGrand added that this proposal would capture all the water on the east side of the subdivision
and would be the proper way to handle the water and get the water into the storm drain. Several
engineers have agreed this would be the proper way to handle this situation.
Mayor Pro Tem Edstrom made a motion that Trophy Club not participate in the offsite drainage
improvements at this time relating to the development of the Knoll based on the fact that there is not a
public purpose and that this relates to private property owners. Council Member Williams seconded;
motion carried 3-0-1 with Council Member Matthai voting against.
TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING THE TOWN TO ENTER INTO DEVELOPER
COST PARTICIPATION CONTRACTS FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS; PROVIDING FOR DUTIES OF THE PARTIES AND LIMITATIONS
FOR TOWN COST PARTICIPATION UNDER CONTRACT; REQUIRING THE
DEVELOPER TO PROVIDE A PERFORMANCE BOND; PROVIDING FOR ADDITIONAL
SAFEGUARDS AND INSPECTION OF DEVELOPER'S RECORDS; REQUIRING
APPROVAL OF ALL DEVELOPER PARTICIPATION CONTRACTS BY ORDINANCE;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
Bill LeGrand advised that this ordinance allows for participation in the future.
Council Member Williams made a motion to approve the ordinance as written. Mayor Pro Tem
Edstrom seconded; motion carried unanimously.
Page 6 REGULAR SESSION November 19, 2001
TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-14 WHICH ESTABLISHED
PROVISIONS FOR THE TOWN COUNCIL PROCEDURES POLICY; SETTING FORTH
AND ADOPTING NEW PROVISIONS FOR THE TOWN COUNCIL PROCEDURES
POLICY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING
SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Diane Cockrell stated the Council requested the Council Procedure Manual be amended to reflect that
when residents submit written statements that are "for the record" and the statement is submitted by a
third party, the statement will need to be submitted by 9 a.m. on the date of the meeting to allow
sufficient time to verify the statement; or if the statement cannot be verified before the meeting, the
statement would be read at the next regularly scheduled meeting.
Mayor Pro Tem Edstrom made a motion to approve the ordinance. Council Member Matthai
seconded; motion carried unanimously.
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, RATIFYING THE
TERMINATION OF THE INTERLOCAL AGREEMENT BETWEEN THE TOWN OF
TROPHY CLUB AND THE TOWN OF WESTLAKE FOR EMPLOYEE SERVICES, SUCH
TERMINATION EFFECTIVE OCTOBER 31, 2001; AND PROVIDING AN EFFECTIVE
DATE.
Town Attorney Adams explained that in February of this year, the Town Council approved a contract
between Westlake and Trophy Club agreeing that we would take on the two Westlake employees who
would receive the same benefits as those of other Trophy Club employees. With all the growth in
Westlake, they were going to add five more employees. In discussions with staff regarding liability
issues, the increased administrative burden, and in the best interest of Trophy Club, Westlake was in
agreement to terminate this contract.
Mayor Pro Tem Edstrom made a motion to approve the resolution. Council Member Matthai
seconded; motion carried unanimously.
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, EXPRESSING ITS OFFICIAL
INTENT TO REIMBURSE THE TOWN TREASURY FOR STREET IMPROVEMENT
EXPENDITURES MADE PRIOR TO THE ISSUANCE OF OBLIGATIONS IN
CONNECTION WITH SUCH EXPENDITURES FOR THE PURPOSE OF, CONSTRUCTING
AND IMPROVING TOWN OF TROPHY CLUB STREETS; PROVIDING THAT ALL COSTS
REIMBURSED SHALL BE CAPITAL EXPENDITURES; PROVIDING TIME FRAMES FOR
THE ISSUANCE OF TAX EXEMPT OBLIGATIONS; AND PROVIDING AN EFFECTIVE
DATE.
Bill LeGrand stated that this resolution is a requirement to show that the expenditures we paid for
engineering fees and design plans will be reimbursed through the bond fund.
Council Member Matthai made a motion to approve this resolution. Mayor Pro Tem Edstrom
seconded; motion carried unanimously.
Page 7 REGULAR SESSION November 19, 2001
TOWN COUNCIL TO CONSIDER AND ADOPT A PROCLAMATION OF TIIE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, URGING THE CITY OF
SOUTHLAKE TO CONSIDER THE NEGATIVE EFFECT THAT THE CLOSURE OF T.W.
KING ROAD WILL HAVE ON PUBLIC SAFETY AND THE IMMEDIATE AND
IRREPARABLE INJURY THAT THE CLOSURE WILL HAVE UPON THE CITIZENS OF
TROPHY CLUB AND THE GENERAL PUBLIC; REQUESTING THAT SOUTHLAKE
CONSIDER THE CONCERNS OF THE TOWN AND THE NEGATIVE IMPACT THAT THE
CLOSURE OF THAT ROAD WILL HAVE UPON THE PUBLIC BEFORE PROCEEDING
WITH THE DECEMBER 1" CLOSURE OF T.W. KING ROAD; REQUESTING THE CITY
OF SOUTHLAKE TO PREVENT THE CLOSURE OF T.W. KING ROAD; AND PROVIDING
AN EFFECTIVE DATE.
Mayor Smith explained that Mr. Holley asked us to consider this proclamation. The Mayor has a
meeting scheduled with Mayor Stacy and City Manager Campbell.
Mayor Pro Tem Edstrom read a statement regarding support for this issue.
Mayor Pro Tem Edstrom made a motion to approve with the change from: T.W. King Road to: T.W.
King Road/Kirkwood Boulevard. Council Member Matthai seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
REGULAR SESSION MINUTES DATED NOVEMBER 5, 2001.
Council Member Williams made a motion to approve the Regular Session minutes dated November 5,
2001 as amended. Council Member Spence seconded; motion carried unanimously.
November 5, 2001, amended minutes now read:
Page 5, Paragraph 7
Mavor Smith stated that any concerns regardine a "conflict of interest' existing with my band
playing for Club Corp should be dismissed by the information that Patricia Adams will
provide. This should bring closure to this issue.
COUNCIL AND STAFF REPORTS:
• DONNA WELSH
o DPS Negotiations
c East Entrance
Diane Cockrell gave a report for Donna Welsh.
• MAYOR PRO TEM EDSTROM
o East Entrance
No report.
• COUNCIL MEMBER MATTHAI
o Council Communications
Council Member Matthai gave a report.
• DIANE COCKRELL
o Committee Openings —Public Relations, Public Works, EDC -A, Ways & Means
Diane Cockrell gave a report.
Page 8 REGULAR SESSION November 19, 2001
• PAUL ROSENBERGER
o Status of new businesses coming to Trophy Club.
Bill LeGrand gave a report for Paul Rosenberger.
ADJOURN.
Mayor Pro Tem Edstrom made a motion to adjourn at 9:30 p.m. Council Member Matthai seconded;
motion carried unanimously.
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