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Minutes TC 08/19/2002MINUTES OF TOWN COUNCIL WORKSHOP / PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB AUGUST 19, 2002 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, August 19, 2002. The meeting was held within the boundaries of the Town and was open to the public. WORKSHOP SESSION TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Roger Williams Mayor Pro Tem Susan Edstrom Council Member Bill Matthai Council Member Scott Spence Council Member Beverly Foley Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the workshop to order at 6:01 p.m., noting a quorum was present. TOWN COUNCIL TO INTERVIEW APPLICANTS FOR ECONOMIC DEVELOPMENT CORPORATION B: The Council heard a brief introduction from each candidate and an explanation of their reason(s) for wanting to become a member of the Economic Development Corporation B. The Council then interviewed: Andrew Hayes, Doyle Nicholson and Andrew Stubblefield. TOWN COUNCIL TO INTERVIEW APPLICANTS FOR THE PUBLIC SAFETY COMMITTEE: The Council heard a brief introduction from each candidate and an explanation of their reason(s) for wanting to become a member of the Public Safety Committee. The Council then interviewed: Andrew Stubblefield, George Gearner, Daniel Gannon, Barb Tweedie and Jennifer Winmill. TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE PUBLIC RELATIONS COMMITTEE: The Council heard a brief introduction from the candidate and an explanation of her reason(s) for wanting to become a member of the Public Relations Committee. The Council then interviewed: Deberah Holsworth. Page 2 Regular Session August 19, 2002 ADJOURN WORKSHOP SESSION. The workshop adjourned at 7:02 p.m. STAFF AND GUEST(S) PRESENT: Donna Welsh Paul Rosenberger Bill LeGrand Diane Cockrell Beth Ann Gregory Jan Woodruff Sharon Huppert Kerin Fleck Gene Hill Patricia Adams Town Manager Community Development Manager Public Works Director Town Secretary Information Services Manager Financial Analyst Administrative Assistant P&Z Coordinator P&Z Coordinator Town Attorney CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the regular session to order at 7:15 p.m., noting a quorum was present. INVOCATION. Council Member Matthai gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG. PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG. "Honor the Texas flag; I pledge allegiance to thee, Texas one and indivisible." Council Member Foley 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. Shawn Gremer of 314 Parkview addressed the Council. A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE OUTSTANDING ACHIEVEMENT BY THE TROPHY CLUB HEAT, THE BEST 10 YEAR OLD ALL STAR TEAM IN TEXAS, WHO REPRESENT OUR TOWN AND WHO BY THEIR PARTICIPATION IN THE NATIONAL CHAMPIONSHIP SUPER SERIES COMPETITION BRING HIGH HONOR TO THE TOWN AND TO ALL OF OUR RESIDENTS; RECOGNIZING AND CONGRATULATING THEM ON THEIR ACHIEVEMENTS; AND PROVIDING AN EFFECTIVE DATE. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Roger Williams Mayor Pro Tem Susan Edstrom Council Member Bill Matthai Council Member Scott Spence Council Member Beverly Foley Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Paul Rosenberger Bill LeGrand Diane Cockrell Beth Ann Gregory Jan Woodruff Sharon Huppert Kerin Fleck Gene Hill Patricia Adams Town Manager Community Development Manager Public Works Director Town Secretary Information Services Manager Financial Analyst Administrative Assistant P&Z Coordinator P&Z Coordinator Town Attorney CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the regular session to order at 7:15 p.m., noting a quorum was present. INVOCATION. Council Member Matthai gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG. PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG. "Honor the Texas flag; I pledge allegiance to thee, Texas one and indivisible." Council Member Foley 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. Shawn Gremer of 314 Parkview addressed the Council. A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE OUTSTANDING ACHIEVEMENT BY THE TROPHY CLUB HEAT, THE BEST 10 YEAR OLD ALL STAR TEAM IN TEXAS, WHO REPRESENT OUR TOWN AND WHO BY THEIR PARTICIPATION IN THE NATIONAL CHAMPIONSHIP SUPER SERIES COMPETITION BRING HIGH HONOR TO THE TOWN AND TO ALL OF OUR RESIDENTS; RECOGNIZING AND CONGRATULATING THEM ON THEIR ACHIEVEMENTS; AND PROVIDING AN EFFECTIVE DATE. Page 3 Regular Session August 1.9, 2002 Mayor Pro Tem Williams made a motion to adopt the proclamation to recognize outstanding achievement by the Trophy Club Heat Baseball Team. Council Member Edstrom seconded; motion carried unanimously. Mayor Smith presented the Proclamation to Trophy Club Heat and their Coaches. REPORTS FROM COMMITTEES: A. EDITORIAL REVIEW BOARD Gene Hill reported that the Editorial Review Board distributed their August issue by the first of the month. B. PLANNING AND ZONING Gene Hill reported that the Planning and Zoning Commission met on July 25`h and Aug 1 st on tonight's Agenda items. He further reported that the August 15th meeting was cancelled. The sign ordinance will be presented to the Council in September. C. PUBLIC WORKS Nestor Karlis reported that the Public Works Committee's major issues are street construction, median plan, and hazardous material disposal. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING: Council convened into Public Hearing at 7:34 p.m. PUBLIC HEARING TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REPLAT OF LOTS 1R -8R, 18R -26R. 32R, 33R, 39R -46R, BLOCK 1 AND LOT 1R, BLOCK 3 OF THE KNOLL AN ADDITION TO THE TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS BEING ALL OF LOTS 1-8,18-26,32,33,39-46, BLOCK 1 AND LOT 1, BLOCK 3, THE KNOLL, AND ALL OF A.0581 ACRE TRACT AND A 1.810 ACRE TRACT SITUATED IN THE M. MEDLIN SURVEY, ABSTRACT NO. 832, APPLICANT: TERRA LAND AND CATTLE, LTD. (RP -02-002) Gene Hill explained that the Planning and Zoning Commission held a Public Hearing and approved the replat to increase perimeter lots that adjoins the golf course on July 25th. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 2, SECTION 10, "DEFINITIONS" TO ADD A DEFINITION FOR AN EXTENDED 72 HOUR MAXIMUM STAY SURGERY CENTER, AND BY AMENDING ARTICLE 2, SECTION 13, "USE TABLE", SUBSECTION "E" "PROFESSIONAL" TO INCLUDE EXTENDED STAY SURGERY CENTERS; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER 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 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (AMD -02- 010) Gene Hill explained that the Planning and Zoning Commission held a Public Hearing and approved the amendment to the Comprehensive Zoning Ordinance at the July 25, 2002 meeting by a unanimous vote. Page 4 Regular Session August 19, 2002 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2002-17 P&Z, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN BY ADOPTING PD PLANNED DEVELOPMENT NO. 23, ZONING REGULATIONS, AND ADOPTING A NEW ORDINANCE AMENDING ORDINANCE NO. 2000-06 P&Z, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY ADOPTING NEW REGULATIONS FOR PD PLANNED DEVELOPMENT NO. 23, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 7.842 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, EAST OF PD NO. 7, THE PLANTATION APARTMENTS, AND SOUTH OF HERITAGE COURT SOUTH, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS PREVIOUS ZONING OF "CG", COMMERCIAL GENERAL, TO PD PLANNED DEVELOPMENT NO. 23, TROPHY CLUB MEDICAL PLAZA; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT NO. 23 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A DEVELOPMENT/SITE PLAN; PROVIDING DEVELOPMENT STANDARDS; PROVIDING BUILDING ELEVATIONS; PROVIDING SITE LINE STUDIES; PROVIDING A LANDSCAPE PLAN AND PLANT LIST; PROVIDING A CIVIL SITE PLAN; PROVIDING FOR A PHOTOMETRIC PLAN AND LIGHT FIXTURES; ESTABLISHING SIGN CRITERIA; ESTABLISHING RETAINING WALL AND FENCE CRITERIA; SETTING FORTH A DEVELOPMENT SCHEDULE; 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. APPLICANT: THE CIRRUS GROUP, L.L.P., GSR ANDRADE ARCHITECTS, (PDREP-02-004). Gene Hill explained that the Planning and Zoning Commission held a Public Hearing on July 25, 2002 and approved the amendment to the Official Zoning Map Regarding Planned Development No. 23, Trophy Club Medical Plaza by a unanimous vote on August 1, 2002. TOWN COUNCIL TO CLOSE THE PUBLIC HEARING. Council closed Public Hearing at 7:37 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Council reconvened into Regular Session at 7:37 p.m. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REPLAT OF LOTS 1R -8R, 18R -26R. 32R, 33R, 39R -46R, BLOCK 1 AND LOT 1R, BLOCK 3 OF THE KNOLL AN ADDITION TO THE TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS BEING ALL OF LOTS 1-8,18-26,32,33,39-46, BLOCK I AND LOT 1, BLOCK 3, THE KNOLL, AND ALL OF A.0581 ACRE TRACT AND A 1.810 ACRE TRACT SITUATED IN THE Page 5 Regular Session August 19, 2002 M. MEDLIN SURVEY, ABSTRACT NO. 832, APPLICANT: TERRA LAND AND CATTLE, LTD. (RP -02-002) Mayor Pro Williams made a motion to approve the replat of the Knoll as requested. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 2, SECTION 10, "DEFINITIONS" TO ADD A DEFINITION FOR AN EXTENDED 72 HOUR MAXIMUM STAY SURGERY CENTER, AND BY AMENDING ARTICLE 2, SECTION 13, "USE TABLE", SUBSECTION "E" "PROFESSIONAL" TO INCLUDE EXTENDED STAY SURGERY CENTERS; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER 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 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (AMD -02- 010) Council Member Edstrom made a motion to approve the Ordinance as written. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2002-17 P&Z, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN BY ADOPTING PD PLANNED DEVELOPMENT NO. 23, ZONING REGULATIONS, AND ADOPTING A NEW ORDINANCE AMENDING ORDINANCE NO. 2000-06 P&Z, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY ADOPTING NEW REGULATIONS FOR PD PLANNED DEVELOPMENT NO. 23, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 7.842 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, EAST OF PD NO. 7, THE PLANTATION APARTMENTS, AND SOUTH OF HERITAGE COURT SOUTH, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS PREVIOUS ZONING OF "CG", COMMERCIAL GENERAL, TO PD PLANNED DEVELOPMENT NO. 23, TROPHY CLUB MEDICAL PLAZA; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT NO. 23 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A DEVELOPMENT/SITE PLAN; PROVIDING DEVELOPMENT STANDARDS; PROVIDING BUILDING ELEVATIONS; PROVIDING SITE LINE STUDIES; PROVIDING A LANDSCAPE PLAN AND PLANT LIST; PROVIDING A CIVIL SITE PLAN; PROVIDING FOR A PHOTOMETRIC PLAN AND LIGHT FIXTURES; ESTABLISHING SIGN CRITERIA; ESTABLISHING RETAINING WALL AND FENCE CRITERIA; SETTING FORTH A DEVELOPMENT SCHEDULE; 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 Page 6 Regular Session August 19, 2002 PROVIDING AN EFFECTIVE DATE. APPLICANT: THE CIRRUS ANDRADE ARCHITECTS, (PDREP-02-004). Council Member Matthai made a motion to approve the Ordinance as written. seconded; motion carried unanimously. GROUP, L.L.P., GSR Council Member Spence TOWN COUNCIL TO DISCUSS AND TAKE THE APPROPRIATE ACTION TO ACCEPT A COMPROMISE SETTLEMENT AND RELEASE AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TX AND TXU ELECTRIC N/K/A/ TXU US HOLDINGS COMPANY, TXU GAS COMPANY AND TXU CORP. Mayor Pro Tem Williams made a motion to approve the Ordinance as written. Council Member Edstrom seconded; motion carried unanimously. Paul Rosenberger explained that the Town decided to enter into a lawsuit with 37 other cities in December 2000. At dispute was the payment of "gross revenues." The Town believed that these fees where miscalculated and underpaid by TXU. The compromise, settlement, and realease agreement is a compromise between TXU and the cities. The amount to be paid to the cities are: $1 million in Electric and $2 million in gas and $915,000 for attorney fees. The electric and attorney fees will not be charged back to customers. The gas fee will be surcharged back to the customers over the next 3 years. The settlement offer due to Trophy Club is in the amount of $4,388 from Gas, $6,454 from Electric and up to $2,372 for attorney expenses. The city attomeies indicated that all other cities have accepted the settlement offer or will accept the settlement this month. Paul Rosenberger further recommended that the Council accept the ordinances and agreement. TOWN COUNCIL TO DISCUSS AND TAKE THE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SECTION 4 OF ORDINANCE 85-9, THE EXISTING ELECTRIC FRANCHISE BETWEEN THE TOWN OF TROPHY CLUB AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Williams made a motion to approve the Ordinance as written. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE THE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE 94-1.8, AN AMENDMENT TO ORDINANCE 93-03, THE EXISTING GAS FRANCHISE BETWEEN THE TOWN OF TROPHY CLUB TEXAS AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE TOWN'S RIGHTS-OF-WAY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Council Member Edstrom made a motion to approve the Ordinance as written. Council Member Matthai seconded; motion carried unanimously. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING THE 2000 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE WITH LOCAL AMENDMENTS SET FORTH HEREIN, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF THE BUILDING ENVELOPE, MECHANICAL, LIGHTING AND POWER SYSTEMS IN THE TOWN OF TROPHY CLUB; PROVIDING FOR THE Page 7 Regular Session August 19, 2002 INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF CODE AND AMENDMENTS THERETO; PROVIDING FOR ADMINISTRATION OF THE ORDINANCE; PROVIDING A CUMULATIVE REPEALER; PROVIDING A SAVINGS CLAUSE; 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. Paul Rosenberger explained that this ordinance is driven by a state mandate and has been amended by the North Central Texas Council of Governments. Council Member Edstrom made a motion to approve the Ordinance as written. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE THE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING PROCEDURES AND GUIDELINES FOR NAMING AND RENAMING MUNICIPAL PARKS, PARTS OR AREAS WITHIN PARKS OR RECREATION FACILITIES; AND PROVIDING AN EFFECTIVE DATE. Billy Hughes explained that this Resolution addresses the need for guidance regarding the naming of Parks. Council Member Edstrom made a motion to approve the Resolution with an Amendment to Number 7 to read: The naming of a park, a facility or parts of a park or facility shall not be considered as a condition of donation, unless the value of the donation is in such amount as Council determines to substantially benefit the Town. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE (1) SEAT ON THE ECONOMIC DEVELOPMENT CORPORATION 4B FOR A ONE-YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. Council Member Williams made a motion to appoint Doyle Nicholson to the Economic Development Committee 4B Spence seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING FIVE (5) CITIZENS TO FIVE (5) SEATS ON THE PUBLIC SAFETY COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. Council Member Edstrom made a motion to appoint Andrew Stubblefield, George Gearner, Daniel Gannon, Barb Tweedie and Jennifer Winmill to the Public Safety Committee. Council Member Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE (1) CITIZEN TO ONE (1) SEAT ON THE PUBLIC RELATIONS COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. Council Member Edstrom made a motion to appoint Deberah Holsworth to the Public Relations Committee. Council Member Foley seconded; motion carried unanimously. Page 8 Regular Session August 19, 2002 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO APPOINT A LOCAL OPTION ELECTION COMMITTEE FOR THE PURPOSE OF INFORMING THE PUBLIC OF THEIR RIGHT TO VOTE IN A LOCAL OPTION ELECTION. Council Member Foley made a motion to appoint David Dickson, LeAnn Brown, John Navarre, Margi Cantrel, Lynn Schumaker, Pete Stebbins, Pete Reinke, Pam Cates, Dawn Toups and Kim O'neal to form a committee to inform the public of their right to vote in a local option election. Council Member Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING ACCEPTING AND AWARDING OF THE LOWEST RESPONSIBLE BID FOR THE INDIAN CREEK DRIVE STREET RESTORATION PROGRAM AND REJECTING ALL OTHER BIDS. Barry Huizenga of 120 Greenhill Trail South addressed the Council. Bill LeGrand and Tom Rutledge of Teague, Nall and Perkins introduced McMahon Construction as the low bidder in the amount of $579,648.50. Barry Huizenga of 120 Greenhill Trail South addressed the Council. Dennis Sheridan of 1 Hillcrest Court addressed the Council and asked that his letter be included as a part of the record: August 14, 2002 Town of Trophy Club Public Works Committee Re: Bond Issue Road Construction 1 wish to address the current intention of the Town to make Indian Creek a four -lane road. According to the public hearing, conversations with the Town staff and a personal review of the plans the intent is to use the white ceramic buttons to create four lanes on Indian Creek Drive. Additionally the terminology used by the engineer is that Indian Creek Drive is to be a major arterial road. I would propose to the Committee that changes in the road are not warranted nor supported by facts. A traffic study done in 1996 and the traffic study to evaluate two intersections in February 1998, did not indicate a sufficient volume of'traffic, nor projected a sufficient volume of traffic that would warrant four lanes. After attending the public hearing and talking with the Town staff, I am not aware of any update or traffic volume data being used to support having four lanes on Indian Creek Drive. In my opinion the terminology of "major arterial" is in error and signifies a design criteria way above and in excess of what is necessary. According to a design book published by the American Association of State Highway and Transportation Officials, a major arterial carries large traffic volumes within and through urban areas, access to abutting properties is to be restricted and is typically 4 lanes. The better terminology, from the same book, would be a collector street, which is equally divided between mobility and access (to abutting properties/driveways). Two lanes plus additional width for shoulders and parking are sufficient. Regardless of how Trophy Club would be designed with today's criteria, we moved here as it is designed. Regardless of being a loop road, Indian Creek Drive is a residential street with 190 homes facing, or siding up to the street. The fact is that, as built the 2.3 miles long road has 120 driveways entering it. Upgrading the road to a four lane arterial status would downgrade the residential aspect of the community and that mean the value of our neighborhood and my home. Until the volume of traffic meets the design criteria for a four -lane road, which would justify diminishing the residential aspect of the neighborhood, please do not change Indian Creek Drive. Dennis Sheridan I Hillcrest Court Trophy Club Council Member Foley suggested delaying the project 30 - 60 days to investigate construction standards and examine how we might be able to obtain longer life from the town streets. The following individuals addressed the Council; Pearl Ford of 2 Spring Creek, Barry Huizenga of 120 Greenhill Trail South and Neil Twomey of 203 Oakmont. Page 9 Regular Session August 1.9, 2002 Council Member Edstrom made a motion to accept the bid with McMahon in the amount of $579,648.50. Council Member Matthai seconded the motion. Council Member Edstrom amended the motion to remove the buttons from the bid (approx $3,000) then withdrew the motion; Council Member Matthai seconded the motion withdrawal. Council Member Edstrom made a motion to delay the Indian Creek Drive reconstruction project bid until the September 16t" Council meeting for review by Council. Council Member Matthai seconded; motion carried unanimously. Each Council Member will contact Bill LeGrand to request inforination. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING CHANGING THE FORMAT OR PUBLICATION OF THE TOWN'S MONTHLY NEWSPAPER. Beth Ann Gregory introduced two ideas that have been suggested regarding the format: 1) send this to a committee or 2) obtain bids for outsourcing (the quotes were from $500 to $2000 per month). Utility Billing outsourcing will begin October I st. There would be approximately 28 man-hours saved per month. Sharing the postage would incur a $5,000 annual cost savings to the taxpayers. Mayor Pro Tem Member Williams made a motion to include the news information with the Utility Bills. Council Member Foley seconded the motion. Motion carried 4-1-0 with Council Members Spence, Foley, Edstrom and Mayor Pro Tem Williams voting For and Council Member Matthai voting Against. 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 5, 2002 B. SPECIAL SESSION MINUTES DATED AUGUST 1.2, 2002 C. FINANCIALS DATED JULY 30, 2002 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. Council Member Edstrom made a motion to approve the Consent Agenda. Council Member Spence seconded; motion carried unanimously. COUNCIL/STAFF REPORTS. ADJOURN. Mayor Pro Tem Williams made a motion to adjourn at 10:47 p.m. motion carried unanimously. 11a r, Town of A Town Secretary, Town of Trophy Club, Texas Edstrom seconded; Club, Texas