Minutes TC 02/18/2002MINUTES OF
REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
FEBRUARY 18, 2002
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, February
18, 2002. The meeting was held within the boundaries of the Town and was open to the public.
REGULAR SESSION
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Mayor
Susan Edstrom
Mayor Pro Tem
Bill Matthai
Council Member
Barry Huizenga
Council Member
Scott Spence
Council Member
Roger Williams
Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Diane Cockrell
Roger Unger
Bill LeGrand
David Miller
Patricia Adams
Gene Hill
Town Manager
Town Secretary
Finance Director
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:
Council Member Williams 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.
Mr. Jim Moss of 979 Trophy Club Drive addressed the Council.
REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT)
A. ECONOMIC DEVELOPMENT CORPORATION B
0 Previous meeting discussion and action
Page 2 REGULAR SESSION February 18, 2002
Mayor Pro Tem Edstrom gave a brief report.
B. EDITORIAL REVIEW BOARD
• Previous meeting discussion and action
Gene Hill advised that the March issue of Around the Town is being compiled and is on schedule.
C. PARKS AND RECREATION
• Previous meeting discussion and action
Council Member Matthai reported that the committee has reviewed preliminary plans, various designs
and locations for the community pool. Further, he advised that work on the baseball park is
progressing.
D. PLANNING AND ZONING
• Previous meeting discussion and action
Gene Hill stated that on February 7, the Commission held a Public Hearing amending the zoning
ordinance for planned development for 23 Trophy Club Medical Plaza. There was no public present at
the hearing. The Sign regulations, 1999-13 P&Z, is complete and is currently being reviewed by
counsel and should be available soon for Council's review. At the next P&Z meeting, the
Commission will review fence ordinance 2000-17 P&Z.
E. PUBLIC WORKS
• Previous meeting discussion and action
Council Member Huizenga reported on items covered at their last meeting: Summit Cove and Trophy
Club Drive; Household hazards materials program — looking for direction from Council; Trash
ordinance revisions have been finalized, and Marshall Creek reconstruction is almost complete.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
APPOINTING A CITIZEN TO ONE (1) SEAT ON THE PLANNING AND ZONING
COMMISSION FOR A SIX-MONTH TERM; AND PROVIDING AN EFFECTIVE DATE.
A. JAMES H. STEPHENS
Gene Hill explained Mr. Stephens' qualifications to become a Planning and Zoning Commissioner and
recommended James Stephens be appointed to the Planning and Zoning Commission for the
remainder of the term in the open position.
Mayor Pro Tem Edstrom made a motion to approve the resolution appointing James H. Stephens to
the Planning and Zoning Commission for the remainder of the term in the open position. Council
Member Matthai seconded; motion carried unanimously.
TOWN COUNCIL TO HEAR A PRESENTATION, DISCUSS AND TAKE APPROPRIATE
ACTION RELATIVE TO THE REQUEST FOR A TEMPORARY -USE COMMUNITY
GARAGE SALE BY SPECIAL PRIVILEGE.
The Planning and Zoning Commission recommended Council approve the request for a temporary -use
community garage sale in conjunction with the Trophy Club Women's Club.
Council Member Matthai made a motion to approve, as requested, a temporary -use community garage
sale on Saturday, April 13, 2002 with an alternate rain day of Sunday, April 14, 2002; and for Fall:
Saturday, October 26, 2002 with an alternate rain day of Sunday, October 27, 2002. Mayor Pro Tem
Edstrom seconded; motion carried unanimously.
Page 3 REGULAR SESSION February 18, 2002
TOWN COUNCIL TO HEAR A REPORT FROM THE TOWN/CIA TASK FORCE. TOWN
COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING REPORT.
Marshall Engelbeck gave a background of the Trophy Club/CIA Task Force (TCCIA) and explained
the scope of work for the TCCIA.
Terry Christlieb, Chairman of the Legal Subcommittee, explained the legal aspects of the dissolution
of the CIA as well as the transfer of funds, with or without dissolution.
Worth Blake, Chairman of the Financial Subcommittee, explained the financial issues
Peter Reincke further explained the financial costs -benefits of dissolution.
Marshall Engelbeck read the TCCIA's "Recommended Courses or Action:" It is the finding of this
task force that the dissolution of the TCCIA and transferring its duties and assets to the Town of
Trophy Club would be beneficial to the respective constituents and citizens for the following reasons:
1. Operations and services presently provided by the TCCIA can be more efficiently provided by the
Town. 2. Ad valorem taxes levied by the Town are deductible on federal tax filings. 3. There
appears to be no major legal pitfalls or obstructions preventing the dissolution of the TCCIA. 4.
Protection under the Texas Government Code will provide for greater public input and participation
and reduce the opportunities for exploitation or private agendas at public expense. The Town
government is bound by state laws regarding open meetings, open records, specific financial
accounting laws, and public hearings that provide more protection for taxpayers than does the TCCIA
or homeowners association by-laws.
The CIA will meet next week, Monday, February 25, 2002, 6:30 p.m., at the Solana Marriott to
receive electioniballot totals from residents regarding the following four items: I. Voting on a
resolution for the TCCIA to build a swimming pool, and the annual maintenance charge be reinstated
to $240 per year for up to ten (10) years with the possibility that the fees will increase, if necessary. 2.
Voting on a resolution for the TCCIA not to build a swimming pool and transfer all real and personal
property of the TCCIA, including the six -acre recreation area to the Town of Trophy Club for the
purpose of building a swimming pool and other amenities. 3. Voting on a resolution for the members
to request that the TCCIA be dissolved in a legal manner as soon as possible. 4. Voting for two (2)
Trustees; one for a three-year term to the Board and the other to fill an unexpired term ending in 2004;
and take appropriate action accordingly.
Mayor Pro Tem Edstrom made a motion to accept the report of the Task Force and gain Council
consensus following the vote of the TCCIA and begin to take action to absorb the assets and the
responsibilities of the TCCIA to the Town. Council Member Huizenga 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
APPROVING THE SUBMISSION OF A GRANT APPLICATION FOR PROTECT LIFE -
LINK TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, TO
OBTAIN FUNDING TO PURCHASE ADDITIONAL RADIOS FOR USE BY POLICE
PERSONNEL; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS FOR THE SUBMISSION OF THE GRANT APPLICATION;
AND PROVIDING AN EFFECTIVE DATE.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS
Page 4 REGULAR SESSION February 18, 2002
TOTAL PROJECT COST, UPON AWARD, AS REQUIRED BY THE PROJECT LIFE -LINK
GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
David Miller explained that acceptance of the Grant Program and Matching Funds will allow for
purchase of portable radios for the police department. This should enable some radios to be moved to
the fire department, as not all firefighters have radios, which is considered a safety issue. The Grant
money will save the department approximately $12,000 of the $15,000 budgeted for police radios.
The Council of Governments requires a resolution for the grant as well as for the matching funds.
Mayor Pro Tem Edstrom made a motion to approve both the resolution approving the submission of a
grant application for Project Life -Link as well as the resolution approving the Town's agreement to
provide matching funds, not to exceed $1,082.50, as required by the Project Life -Link Grant Program.
Council Member Matthai 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. SPECIAL SESSION MINUTES DATED JANUARY 28, 2002.
B. REGULAR SESSION MINUTES DATED FEBRUARY 4, 2002.
C. FINANCIALS DATED DECEMBER 2001.
D. FINANCIALS DATED JANUARY 2002.
Mayor Smith requested to pull Item D, the January 2002 financials, from the Consent Agenda for
discussion.
Council Member Huizenga made a motion to approve Item A (January 28, 2002 Minutes), Item B
(February 4, 2002 Minutes), and Item C (December 2001 Financials) of the Consent Agenda. Mayor
Pro Tem Edstrom seconded; motion carried unanimously.
Roger Unger answered Council's questions with regard to the financials.
Mayor Pro Tem Edstrom made a motion to approve the January 2002 financials. Council Member
Matthai seconded; motion carried unanimously.
COUNCIL REPORTS AND QUESTIONS FOR STAFF:
• MAYOR PRO TEM SUSAN EDSTROM
o Council Booth
o Pool Funding
o Vision 2010
Mayor Pro Tem Edstrom gave a report.
• ROGER WILLIAMS
o CIA
o Swimming Pool
o DPS
o Budget
o East Entrance
Council Member Williams gave a report.
o Council Communications
o Public Input
o Utility Franchise committee
o Ways & Means committee
0 10 acre Park
Page 5 REGULAR SESSION February 18, 2002
• DIANE COCKRELL
o May 4h Election
Diane Cockrell reported that Susan Edstrom filed today.
• BILL LEGRAND
o Update on Marshall Creek Road
o Update on Trophy Club Drive & Summit Cove
o Update: Trash / Recycling Ordinance
Bill LeGrand gave a report.
Council took a ten-minute break at 9:35 and resumed at 9:45 p.m.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION.
Council convened into Executive Session at 9:45 p.m.
EXECUTIVE SESSION
PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551,
SECTION 551.071(2), THE TOWN COUNCIL WILL ENTER INTO EXECUTIVE
SESSION TO DISCUSS THE FOLLOWING:
A. CONSULTATION WITH TOWN ATTORNEY REGARDING PENDING
LITIGATION AND 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 THE TROPHY CLUB/
WESTLAKE DEPARTMENT OF PUBLIC SAFETY CONTRACT
AND PENDING LITIGATION TO WIT: THE TOWN OF
WESTLAKE TEXAS V. THE TOWN OF TROPHY CLUB
TEXAS TROPHY CLUB MUNICIPAL DISTRICT NO. 1 AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 CAUSE
NO. 153-191410-02, DECLARATORY JUDGMENT PETITION
THE TOWN MAY ADMIT TO THE CLOSED MEETING
VARIOUS DIRECTORS AND REPRESENTATIVES OF THE
TROPHY CLUB MUNICIPAL UTILITY DISTRICT 1 (MUD1),
ALONG WITH ITS ATTORNEY, AND VARIOUS DIRECTORS
AND REPRESENTATIVES OF THE TROPHY CLUB
MUNICIPAL UTILITY DISTRICT 2 (MUD2), ALONG WITH ITS
ATTORNEY, SINCE THE INTERESTS OF MUD 1 AND MUD 2
APPEAR TO BE ALIGNED WITH THE INTERESTS OF TROPHY
CLUB ON THIS MATTER AND THE PRESENCE OF THOSE
PERSONS IS NECESSARY FOR FULL COMMUNICATION
BETWEEN THE TOWN AND ITS ATTORNEY, AS ALLOWED
BY TEXAS ATTORNEY GENERAL OPINION, INCLUDING
OPINION NO. JM -238. THE TOWN OF TROPHY CLUB WILL
NOT ADMIT A QUORUM OF EITHER MUDI OR MUD2 TO THE
CLOSED SESSION.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION.
Page 6 REGULAR SESSION February 18, 2002
Council reconvened into Regular Session at 11:05 p.m.
REGULAR SESSION
Council Member Matthai made a motion to extend the meeting past 11:00 p.m. Mayor Pro Tem
Edstrom seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO THE
TROPHY CLUBIWESTLAKE DEPARTMENT OF PUBLIC SAFETY CONTRACT.
Council Member Williams made a motion to authorize the Town Attorney to respond to Westlake's
lawsuit over the DPS Contract as discussed in Executive Session. Council Member Matthai seconded;
motion carried unanimously.
ADJOURN.
Mayor Pro Tem Edstrom made a motion to adjourn at 11:07 p.m. Council Member Matthai seconded;
motion carried unanimously.
'iROP�t,Y
U
ATTR. A Rv , o�
Town Secretary, 'own of Trophy Club, Texas
Mayor, Town of Trophy Club, Texas