Minutes TC 01/07/2002MINUTES OF
FOUNDER'S DAY RECEPTION/
PUBLIC HEARING AND
REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
JANUARY 7, 2002
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, January
7, 2002. The meeting was held within the boundaries of the Town and was open to the public.
RECEPTION
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Scott called to order, noting a quorum was present.
6:30 p.m. — 7:15 p.m. TOWN COUNCIL TO WELCOME ELECTED OFFICIALS FROM
PAST TOWN COUNCIL AND TOWN OFFICIALS.
Mayor Scott welcomed all in attendance, introduced all dignitaries present and read a letter from
George Doran.
ADJOURN RECEPTION.
Reception adjourned at 7:25 p.m.
REGULAR SESSION
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Susan Edstrom
Bill Matthai
Barry Huizenga
Scott Spence
Roger Williams
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Diane Cockrell
Roger Unger
David Miller
Paul Rosenberger
Patricia Adams
Kerin Fleck
Gene Hill
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Town Secretary
Finance Director
Director of DPS
Community Development Manager
Town Attorney
P&Z Coordinator
P&Z Chairman
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Smith called the Regular Session to order at 7:32 p.m., noting a quorum was present.
Page 2 REGULAR SESSION January 7, 2002
INVOCATION: Ms. Pearl Ford gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Council Member
Spence 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.
None.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
Council convened into Public Hearing at 7:34 p.m.
PUBLIC HEARING
TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO THE
FOLLOWING:
A. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING AND
RATIFYING ORDINANCE NO. 96-10 OF THE TOWN, THE SAME BEING PD
PLANNED DEVELOPMENT #17 WHICH AMENDED THE THEN CURRENT
COMPREHENSIVE ZONING ORDINANCE NO. 94-09 OF THE TOWN; ADDING
PROVISIONS TO INCORPORATE THE CONCEPTUAL LANDSCAPE PLAN AND
CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR IN PD PLANNED
DEVELOPMENT #17, GENERALLY KNOWN AS THE VILLAS OF HOGAN'S GLEN;
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT THE
INCORPORATION OF THE CONCEPTUAL LANDSCAPE PLAN AND
CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR IN EXHIBITS "E"
AND "F" OF PD PLANNED DEVELOPMENT #17; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR 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.
(PDAMD-01-002)
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING AND
RATIFYING ORDINANCE NO. 98-21 P&Z OF THE TOWN, THE SAME BEING PD
PLANNED DEVELOPMENT #18 WHICH AMENDED THE THEN CURRENT
COMPREHENSIVE ZONING ORDINANCE NO. 97-10 P&Z OF THE TOWN; ADDING
PROVISIONS TO INCORPORATE THE ENTRY PLAN THE SIGN PLAN AND THE
DEVELOPMENT SCHEDULE AS ORIGINALLY PROVIDED FOR IN PD PLANNED
DEVELOPMENT #18, GENERALLY KNOWN AS FOX POINTE; AMENDING THE
OFFICIAL ZONING MAP OF THE TOWN TO REFLECT THE INCORPORATION OF
THE ENTRY PLAN, THE SIGN PLAN AND THE DEVELOPMENT SCHEDULE AS
ORIGINALLY PROVIDED FOR IN EXHIBITS "E", "F" AND "G" OF PD PLANNED
Page 3 REGULAR SESSION January 7, 2002
DEVELOPMENT #18; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR
SAVINGS; PROVIDING FOR 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. (PDAMD-01-003)
C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING AND
RATIFYING ORDINANCE NO. 98-24 A P&Z OF THE TOWN, THE SAME BEING PD
PLANNED DEVELOPMENT #19, WHICH REFERENCED AN AMENDMENT TO
COMPREHENSIVE ZONING ORDINANCE NO. 94-09 OF THE TOWN; PROVIDING
FOR THE CORRECT NUMERICAL REFERENCE FOR THE THEN CURRENT
COMPREHENSIVE ZONING ORDINANCE; ADDING PROVISIONS TO
INCORPORATE THE CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED
FOR IN PD PLANNED DEVELOPMENT #19, GENERALLY KNOWN AS THE
ESTATES OF HOGAN'S GLEN; AMENDING THE OFFICIAL ZONING MAP OF THE
TOWN TO REFLECT THE INCORPORATION OF CONSTRUCTION SCHEDULE AS
ORIGINALLY PROVIDED FOR IN EXHIBIT "E" OF PD PLANNED DEVELOPMENT
#19; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS;
PROVIDING FOR 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. (PDAMD-01-004)
D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, RATIFYING ACTION
TAKEN BY THE TOWN COUNCIL ON JANUARY 19, 1999, APPROVING AN
AMENDMENT TO THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE
NO. 98-24 P&Z OF THE TOWN, BY AMENDING THE OFFICIAL ZONING MAP OF
THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND
DESCRIBED AS A 6.6589 ACRE TRACT OF LAND, GENERALLY KNOWN AS THE
ESTATES OF HOGAN'S GLEN PHASE II AND MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS
THEN CURRENT ZONING OF R-12 SINGLE FAMILY RESIDENTIAL AND R-15
SINGLE FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT #20 FOR
SINGLE FAMILY RESIDENTIAL USES; 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 #20 ZONING DISTRICT FOR THE
SUBJECT PROPERTY; PROVIDING A PD DEVELOPMENT/SITE PLAN; PROVIDING
DEVELOPMENT STANDARDS AND SINGLE FAMILY HOUSING REGULATIONS, TO
INCLUDE A GENERAL PURPOSE, USES GENERALLY, BUILDING PERMIT
REQUIREMENTS, HEIGHT AND AREA REGULATIONS, GARAGES,
CONSTRUCTION REGULATIONS, DRIVEWAYS AND WALKWAYS, SPECIAL
PAVING, FENCES/WALLS/RETAINING WALLS, COMMON AREAS, LANDSCAPE,
UTILITIES, SIGNS, EXTERIOR LIGHTING, PRIVATE STREETS, AND NON
Page 4 REGULAR SESSION January 7, 2002
SPECIFIED REGULATIONS; PROVIDING A DRAFT OF PROPOSED COVENANTS,
CONDITIONS, AND RESTRICTIONS; PROVIDING A CONSTRUCTION SCHEDULE;
PROVIDING A CUMULATIVE 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. (PDAMD-01-005)
E. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 1999-10 THE SAME BEING AN AMENDMENT TO ORDINANCE
NO. 96-10 WHICH CREATED PD PLANNED DEVELOPMENT #17 AND AMENDED
THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 94-09 OF THE
TOWN, TO ADOPT NEW REGULATIONS FOR BUILDING HEIGHT AND DEPTH OF
FRONT YARD FOR PD PLANNED DEVELOPMENT #17, GENERALLY KNOWN AS
THE VILLAS OF HOGAN'S GLEN; PROVIDING FOR THE CORRECTION OF A
CLERICAL ERROR IN THE CAPTION OF ORDINANCE 1999-10; AMENDING THE
OFFICIAL ZONING MAP TO REFLECT ALL CHANGES HEREIN; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR
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. (PDAMD-01-006)
F. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 1999-11, THE SAME BEING AN ORDINANCE ADDING NEW
PROVISIONS FOR BUILDING HEIGHT REGULATIONS FOR PD PLANNED
DEVELOPMENT #20, GENERALLY KNOWN AS THE ESTATES OF HOGAN'S GLEN
PHASE II, WHICH WAS CREATED BY AMENDMENT TO THE THEN CURRENT
COMPREHENSIVE ZONING ORDINANCE NO. 94-09 PROVIDING FOR THE
CORRECTION OF CLERICAL ERRORS REFERENCING INCORRECT ORDINANCE
NUMBERS THROUGHOUT ORDINANCE 1999-11; AMENDING THE OFFICIAL
ZONING MAP TO REFLECT ALL CHANGES HEREIN; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR 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.
(PDAMD-01-007)
Gene Hill explained that the previous six ordinances were created out of a need for administrative
housekeeping to correct clerical errors, omissions, and to provide for necessary additions. The Planning
and Zoning Committee unanimously recommend Council approve each of these items.
TOWN COUNCIL TO CLOSE THE PUBLIC HEARING AND RECONVENE INTO REGULAR
SESSION.
Page 5 REGULAR SESSION January 7, 2002
Council closed the Public Hearing and reconvened into Regular Session at 7:37 p.m.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION.
Council convened into Executive Session at 7:38 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 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 CLUBIWESTLAKE
DEPARTMENT OF PUBLIC SAFETY CONTRACT.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION.
Council reconvened into Regular Session at 9:00 p.m.
REGULAR SESSION
Council took a recess at 9:00 p.m., and resumed at 9:04 p.m
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO:
• THE TROPHY CLUB/WESTLAKE DEPARTMENT OF PUBLIC SAFETY CONTRACT.
Mayor Scott stated that we have received legal advice on this agenda and will proceed with said advice.
Mayor Pro Tem Edstrom made a motion to table this agenda item. 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 AND RATIFYING
ORDINANCE NO. 96-10 OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT
#17 WHICH AMENDED THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE
NO. 94-09 OF THE TOWN; ADDING PROVISIONS TO INCORPORATE THE CONCEPTUAL
LANDSCAPE PLAN AND CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR
IN PD PLANNED DEVELOPMENT #17, GENERALLY KNOWN AS THE VILLAS OF
HOGAN'S GLEN; AMENDING THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT
THE INCORPORATION OF THE CONCEPTUAL LANDSCAPE PLAN AND CONSTRUCTION
SCHEDULE AS ORIGINALLY PROVIDED FOR IN EXHIBITS "E" AND "F" OF PD PLANNED
DEVELOPMENT #17; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS;
PROVIDING FOR 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.
(PDAMD-01-002)
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING AND RATIFYING
Page 6 REGULAR SESSION January 7, 2002
ORDINANCE NO. 98-21 P&Z OF THE TOWN, THE SAME BEING PD PLANNED
DEVELOPMENT #I8 WHICH AMENDED THE THEN CURRENT COMPREHENSIVE
ZONING ORDINANCE NO. 97-10 P&Z OF THE TOWN; ADDING PROVISIONS TO
INCORPORATE THE ENTRY PLAN, THE SIGN PLAN, AND THE DEVELOPMENT
SCHEDULE AS ORIGINALLY PROVIDED FOR IN PD PLANNED DEVELOPMENT #18,
GENERALLY KNOWN AS FOX POINTE; AMENDING THE OFFICIAL ZONING MAP OF
THE TOWN TO REFLECT THE INCORPORATION OF TIIE ENTRY PLAN, THE SIGN PLAN
AND THE DEVELOPMENT SCHEDULE AS ORIGINALLY PROVIDED FOR IN EXHIBITS
"E", "F" AND "G" OF PD PLANNED DEVELOPMENT #18; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR 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. (PDAMD-01-003)
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING AND RATIFYING
ORDINANCE NO. 98-24 A P&Z OF THE TOWN, THE SAME BEING PD PLANNED
DEVELOPMENT #19, WHICH REFERENCED AN AMENDMENT TO COMPREHENSIVE
ZONING ORDINANCE NO. 94-09 OF THE TOWN; PROVIDING FOR THE CORRECT
NUMERICAL REFERENCE FOR THE THEN CURRENT COMPREHENSIVE ZONING
ORDINANCE; ADDING PROVISIONS TO INCORPORATE THE CONSTRUCTION
SCHEDULE AS ORIGINALLY PROVIDED FOR IN PD PLANNED DEVELOPMENT #19,
GENERALLY KNOWN AS THE ESTATES OF HOGAN'S GLEN; AMENDING THE OFFICIAL
ZONING MAP OF THE TOWN TO REFLECT THE INCORPORATION OF CONSTRUCTION
SCHEDULE AS ORIGINALLY PROVIDED FOR IN EXHIBIT "E" OF PD PLANNED
DEVELOPMENT #19; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS;
PROVIDING FOR 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.
(PDAMD-01-004)
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, RATIFYING ACTION TAKEN BY
THE TOWN COUNCIL ON JANUARY 19, 1999, APPROVING AN AMENDMENT TO THE
THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 98-24 P&Z OF THE TOWN,
BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE
ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 6.6589 ACRE TRACT OF
LAND, GENERALLY KNOWN AS THE ESTATES OF HOGAN'S GLEN, PHASE II, AND
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND
INCORPORATED HEREIN, FROM ITS THEN CURRENT ZONING OF R-12 SINGLE FAMILY
RESIDENTIAL AND R-15 SINGLE FAMILY RESIDENTIAL TO PD PLANNED
DEVELOPMENT #20 FOR SINGLE FAMILY RESIDENTIAL USES; 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 #20 ZONING DISTRICT FOR THE SUBJECT
PROPERTY; PROVIDING A PD DEVELOPMENT/SITE PLAN; PROVIDING DEVELOPMENT
Page 7 REGULAR SESSION January 7, 2002
STANDARDS AND SINGLE FAMILY HOUSING REGULATIONS, TO INCLUDE A GENERAL
PURPOSE, USES GENERALLY, BUILDING PERMIT REQUIREMENTS, HEIGHT AND AREA
REGULATIONS, GARAGES, CONSTRUCTION REGULATIONS, DRIVEWAYS AND
WALKWAYS, SPECIAL PAVING, FENCES/WALLS/RETAINING WALLS, COMMON AREAS,
LANDSCAPE, UTILITIES, SIGNS, EXTERIOR LIGHTING, PRIVATE STREETS, AND NON
SPECIFIED REGULATIONS; PROVIDING A DRAFT OF PROPOSED COVENANTS,
CONDITIONS, AND RESTRICTIONS; PROVIDING A CONSTRUCTION SCHEDULE;
PROVIDING A CUMULATIVE 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. (PDAMD-
01-005)
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO
1999-10, THE SAME BEING AN AMENDMENT TO ORDINANCE NO. 96-10 WHICH
CREATED PD PLANNED DEVELOPMENT #17 AND AMENDED THE THEN CURRENT
COMPREHENSIVE ZONING ORDINANCE NO. 94-09 OF THE TOWN, TO ADOPT NEW
REGULATIONS FOR BUILDING HEIGHT AND DEPTH OF FRONT YARD FOR PD
PLANNED DEVELOPMENT #17, GENERALLY KNOWN AS THE VILLAS OF HOGAN'S
GLEN; PROVIDING FOR THE CORRECTION OF A CLERICAL ERROR IN THE CAPTION
OF ORDINANCE 1999-10; AMENDING THE OFFICIAL ZONING MAP TO REFLECT ALL
CHANGES HEREIN; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS;
PROVIDING FOR 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.
(PDAMD-01-006)
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO.
1999-11, THE SAME BEING AN ORDINANCE ADDING NEW PROVISIONS FOR BUILDING
HEIGHT REGULATIONS FOR PD PLANNED DEVELOPMENT #20, GENERALLY KNOWN
AS THE ESTATES OF HOGAN'S GLEN, PHASE II, WHICH WAS CREATED BY
AMENDMENT TO THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 94-
09 PROVIDING FOR THE CORRECTION OF CLERICAL ERRORS REFERENCING
INCORRECT ORDINANCE NUMBERS THROUGHOUT ORDINANCE 1999-11; AMENDING
THE OFFICIAL ZONING MAP TO REFLECT ALL CHANGES HEREIN; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR 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. (PDAMD-01-007)
Mayor Pro Tem Edstrom made a motion to approve agenda items 12 through 17, Ordinance Nos. 2002-01,
2002-02, 2002-03, 2002-04, 2002-05 and 2002-06, as written. Council Member Williams seconded;
motion carried unanimously.
Page 8 REGULAR SESSION January 7, 2002
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION RELATING TO THE
ASSESSMENT OF PERMIT AND PLAN REVIEW FEES BY THE TOWN OF TROPHY CLUB
FOR THE ADDITIONAL CONSTRUCTION OF MEDLIN MIDDLE SCHOOL.
Paul Rosenberger explained that the plans were submitted and a plan review was done. Permit fees were
issued. The plan review fee is 35% of the permit fee. Fees associated are the base permit fee of
$43,897.25, and the plan review fee $15, 364.04 (35%), for a total of $59,261.29.
Paul Rosenberger was advised by the construction manager that he did basically the same job in Rhome
and the fees in Rhome were substantially less. Paul explained that Rhome used a different formula, basing
their fees on the square footage as opposed to the valuation.
Paul Rosenberger did a comparison of surrounding cities to find out what they charge public schools for
permit and plan review fees. The comparison divulged that the City of Flower Mound charged zero fees,
the City of Grapevine charged 25%, and the City of Keller charged 100%. The City of Roanoke reported
that they have not yet confronted or dealt with this type of issue.
Mr. Mehran Aghili, Construction Supervisor for NISD, respectfully requested for a reduction or
elimination of fees by the Town of Trophy Club.
The Town budgeted $55,000 in revenues for the current year according to Town Manager Welsh.
Town Attorney Adams added that the fees that the Town has enacted in this ordinance are based on
administrative costs and stated there is no mechanism in place to allow for a waiver. In order to amend an
ordinance, you have to pass another ordinance. Currently we only have a fee schedule, thus the Town has
no authority to waive the fee.
Mayor Pro Tem Edstrom made a motion to table this agenda item until we have a proper mechanism in
place to differentiate between requests. 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.
2001-28 AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS BY
AMENDING SECTION 5 OF THAT ORDINANCE PROVIDING FOR THE FORM OF THE
INITIAL BOND; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS;
PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Diane Cockrell explained that this section of the bond could not have been in the packet because the
information was not available until the bid was received from the bonding company and was sent to Mr.
Pete Tart on December 3, 2002 and added as a stipulation (Section 5) to Ordinance 2001-28. The
stipulations is a requirement of the bond and is an option of the bonding company. Pete Tart explained the
information in the meeting, but Council did not have the information in their packet.
Council Member Huizenga made a motion to approve the ordinance as written. 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.
Page 9 REGULAR SESSION January 7, 2002
A. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
REGULAR SESSION MINUTES DATED DECEMBER 17 2001.
B. DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
AUTHORIZING THE TOWN OF TROPHY CLUB TO ENTER INTO AN
AGREEMENT WITH FIRST FINANCIAL BANK AS A DESIGNATED
DEPOSITORY FOR FUNDS FROM THE SALE OF BONDS FOR STREET
IMPROVEMENTS; DESIGNATING TERMS OF THE AGREEMENT AND
AUTHORIZED REPRESENTATIVES FOR THE ACCOUNT; AND PROVIDING
AN EFFECTIVE DATE.
C. DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION
OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
AUTHORIZING THE TOWN OF TROPHY CLUB TO ENTER INTO A TEXPOOL
PARTICIPATION AGREEMENT WITH THE COMPTROLLER OF PUBLIC
ACCOUNTS; DESIGNATING AUTHORIZED REPRESENTATIVES; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Edstrom asked to remove the December 17, 2001 Regular Session minutes from
the consent agenda.
Council Member Huizenga made a motion to approve Item B (Resolution 2002-01 — Financial
Agreement with First Financial Bank) and Item C (Resolution 2002-02 — Texpool Agreement) of
the Consent Agenda. Mayor Pro Tem Edstrom seconded; motion carried unanimously.
Mayor Pro Tem Edstrom requested to have a revision to and additional comments (Town Council
and Town Attorney) added to the m nutes, regarding the Declaration of Intent agenda item.
Diane Cockrell requested to have this agenda item tabled to the next meeting.
Mavor Pro Tem Edstrom made a motion to table to the next meeting the December 17, 2001
meeting minutes to make revisions to the Declaration of Intent agenda item. Council Member
Huizenga seconded; motion carried unanimously.
ADJOURN.
Council Member Williams made a motion to adjourn at 9:28 p.m. Council Member Matthai seconded;
motion carried unanimously.
ATTEST:
3
Town ' Secretary, Townf of Trophy Club, Texas
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