Minutes TC 05/20/2002MINUTES OF PUBLIC HEARING AND
REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
MAY 20, 2002
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in Public Hearing and Regular Session on
Monday, May 20, 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
Susan Edstrom
Beverly Foley
Barry Huizenga
Bill Matthai
Scott Spence
Roger Williams
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Cathy Morgas
Diane Cockrell
Patricia Adams
Bill LeGrand
Roger Unger
Lee Delk
Paul Rosenberger
Kerin Fleck
Gene Hill
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Council Member
Town Manager
MUD Manager
Town Secretary
Town Attorney
Director of Public Works
Finance Director
Interim Police Chief
Community Development Manager
P&Z Coordinator
P&Z Chairman
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Smith called the Regular Session to order at 7:30 p.m., noting a quorum was present.
INVOCATION: Council Member Huizenga gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
Scott 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.
Page 2 REGULAR SESSION May 20, 2002
Mr. Bill Walker of 929 Litsey Road addressed the Council.
TOWN COUNCIL TO OBSERVE THE PRESENTATION OF THE SUMMER SANTA
MINIATURE GOLF TOURNAMENT TROPHY TO THE TROPHY CLUB-WESTLAKE
DEPARTMENT OF PUBLIC SAFETY.
Dave Lieber, FWSTART Columnist, and Dan Gannon presented a trophy to Acting Police Chief Lee
Delk, Acting Fire Chief Danny Thomas and MUD Manager Morgas for their victory at the Summer
Santa Miniature Golf Tournament,
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
APPOINTING THREE (3) CITIZENS TO THREE (3) SEATS ON THE PUBLIC RELATIONS
COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE.
A. Renata Pellino-Porter
B. Peter Combs
C. Cynthia Combs
Council Member Edstrom explained that due to recent resignations by members of the PR Committee,
there are several openings, creating a hardship to make a quorum at their meetings.
Council Member Edstrom made a motion to approve the resolution. Council Member Matthai
seconded; motion carried unanimously.
REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT)
A. ECONOMIC DEVELOPMENT CORPORATION A
• Previous meeting discussion and action
No report.
B. INFORMATION TECHNOLOGY
• Previous meeting discussion and action
Council Member Matthai advised that there was not a quorum at the IT meeting earlier this evening.
C. PUBLIC RELATIONS
• Previous meeting discussion and action
Mayor Pro Tem Edstrom shared the Committee's ideas for inclusion of articles in the Town paper and
the Public Relations budget. She asked for volunteers to work with the PR Committee at the July 4`''
Celebration.
D. UTILITY FRANCHISE
• Previous meeting discussion and action
Paul Rosenberger advised that two members were re -appointed to UFC. The committee observed a
presentation on high-speed Internet options.
E. WAYS & MEANS
• Previous meeting discussion and action
Council Member Williams stated that a meeting is scheduled next week to review the budget. He will
meet with the Council at the budget workshop on June 1, 2002.
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.
Page 3 REGULAR SESSION May 20, 2002
IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY.
A REGULAR SESSION MINUTES DATED May 6, 2002.
B. SPECIAL SESSION MINUTES DATED May 10, 2002.
C. FINANCIALS DATED April 2002.
Council Member Williams made a motion to approve all items on the consent agenda. Mayor Pro
Tem Edstrom seconded; motion carried unanimously.
REMARKS TO/FROM OUTGOING COUNCIL MEMBER.
Mayor Smith, Council Member Spence, Town Manager Welsh, Mayor Pro Tem Edstrom, Council
Member Matthai, and Council Member Williams each thanked Council Member Huizenga for his
contributions to the Council and the Town.
Ms. Pauline Twomey of 203 Oakmont and Mr. Jim Carter of 204 Fresh Meadow addressed the
Council.
Council Member Huizenga expressed no regrets and no reservations about leaving the council.
Council Member Huizenga congratulated Beverly Foley, Susan Edstrom and Bill Matthai for their
election/re-election to the council. Council Member Huizenga requested that the Town continue to put
money away for street repairs.
OATH OF OFFICE TO BE ADMINISTERED AND PRESENTATION OF CERTIFICATE OF
ELECTION TO THE INCOMING COUNCIL MEMBERS
Municipal Court Judge Chambers administered the Oath of Office to the new council members, and
the Mayor presented the Certificate of Election.
FIVE-MINUTE RECESS
The Council took a five-minute recess at 8:06 p.m., resuming at 8:16 p.m.
REMARKS TO/FROM INCOMING COUNCIL MEMBERS
Mayor Smith, Council Member Spence, Town Manager Welsh, and Council Member Williams each
offered welcoming remarks to the incoming council members.
Council Member Foley stated she is looking forward to working with the Council and staff.
Council Member Edstrom congratulated Council Member Foley on her election to the council, and
stated she is looking forward to serving another term.
Council Member Matthai thanked his supporters and expressed that he would like the communications
between the Council and the residents to improve.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING:
Council convened into Public Hearing at 8:21 p.m.
PUBLIC HEARING
TOWN COUNCIL TO CONSIDER AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS, AMENDING ORDINANCE NO. 2001-25 P&Z, THE SAME BEING AN ORDINANCE
REPEALING ORDINANCE NO. 96-09 OF THE TOWN AND ADOPTING NEW
PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 16, A CERTAIN TRACT OF LAND
DESCRIBED AS A 23.5361 ACRE TRACT OF LAND AND GENERALLY KNOWN AS THE
Page 4 REGULAR SESSION May 20, 2002
KNOLL; ADOPTING NEW PROVISIONS TO AMEND EXHIBIT C, DEVELOPMENT
STANDARDS AND SINGLE FAMILY HOUSING REGULATIONS, BY CHANGING
PARAGRAPH M, UTILITIES, TO PROVIDE ADDITIONAL REGULATIONS FOR THE
LOCATION OF ELECTRIC TRANSFORMERS; PROVIDING FOR AN AMENDMENT TO
THE OFFICIAL ZONING MAP OF THE TOWN; 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 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 A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Gene Hill, Planning and Zoning Chairman, advised that this ordinance amends Exhibit C, changing
Paragraph M regarding utility easement to save additional trees.
TOWN COUNCIL TO CLOSE THE PUBLIC HEARING.
Council closed Public Hearing at 8:24 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION.
Council reconvened into Regular Session at 8:24 p.m.
REGULAR SESSION
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO.
2001-25 P&Z, THE SAME BEING AN ORDINANCE REPEALING ORDINANCE NO. 96-09
OF THE TOWN AND ADOPTING NEW PROVISIONS FOR PD PLANNED
DEVELOPMENT NO. 16, A CERTAIN TRACT OF LAND DESCRIBED AS A 23.5361 ACRE
TRACT OF LAND AND GENERALLY KNOWN AS THE KNOLL; ADOPTING NEW
PROVISIONS TO AMEND EXHIBIT C, DEVELOPMENT STANDARDS AND SINGLE
FAMILY HOUSING REGULATIONS, BY CHANGING PARAGRAPH M, UTILITIES, TO
PROVIDE ADDITIONAL REGULATIONS FOR THE LOCATION OF ELECTRIC
TRANSFORMERS; PROVIDING FOR AN AMENDMENT TO THE OFFICIAL ZONING
MAP OF THE TOWN; 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 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 A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Edstrom made a motion to approve the ordinance. Council Member Matthai
seconded; motion carried unanimously.
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING
APPROPRIATE ACTION RELATIVE TO THE REQUEST FOR AMENDED FINAL PLAT
APPROVAL OF A 23.5361 ACRE TRACT OF LAND ZONED PD -16 THE KNOLL,
Page 5 REGULAR SESSION May 20, 2002
LOCATED GENERALLY TO THE NORTH OF GREENHILL TRAIL, WEST OF
PANORAMA TRAIL AND SOUTHWEST OF RIDGEVIEW LANE. APPLICANT: TERRA
LAND DEVELOPMENT COMPANY. (AFP -02-002)
Gene Hill explained that the Planning and Zoning Committee unanimously approved the final plat at
their April 18`h meeting.
Council Member Matthai made a motion to approve the amended final plat for the Knoll. Council
Member Williams seconded; motion carried unanimously.
TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE
APPROPRIATE ACTION RELATIVE TO A REQUEST FOR AN ACCESSORY
STRUCTURE PERMIT LOCATED AT 800 TROPHY CLUB DRIVE.
Gene Hill explained that the First Baptist Church of Trophy Club came before the Planning and
Zoning Board to build a basketball court and sand volleyball court adjacent to their building. The
comprehensive zoning ordinance requires that the Council approve all accessory structures exceeding
120 feet. No public hearing was required.
Council Member Foley made a motion to approve the request for a structure permit. Council Member
Spence seconded; motion carried unanimously.
TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE
NO. 2001-15, ADOPTING A SCHEDULE OF FEES FOR THE TOWN, IN ITS ENTIRETY;
AND PROVIDING FOR THE ADOPTION OF A NEW SCHEDULE OF FEES BY
INCORPORATION OF EXHIBIT "A", AND ALL SCHEDULES THERETO; TO INCLUDE
BUILDING PERMIT FEES, INSPECTION FEES, OTHER PERMIT ISSUANCE FEES,
PLUMBING, ELECTRICAL AND MECHANICAL FEES, AND PROVIDING FOR PERMIT
ISSUANCE AND HEATERS AND OTHER RELATED PUBLIC WORKS DEPARTMENT
FEES; PLANNING AND ZONING FEES FOR SERVICES, MAPS, MEETINGS, ZONING
CHANGE REQUESTS, STAFF REVIEW, PLATTING, SUBDIVIDER AGREEMENTS,
AMENDMENTS AND UPDATES AND OTHER ZONING RELATED FEES; ZONING
BOARD OF ADJUSTMENT FEES; FIRE/EMS DEPARTMENT FEES; ANIMAL CONTROL
FEES; FIRE PLAN REVIEW FEES; FIRE DIVISION FEES; POLICE DEPARTMENT FEES;
ADMINISTRATIVE FEES TO INCLUDE FEES FOR PAPER, ELECTRONIC, AUDIO,
VIDEO, OVERSIZED PAPER, MYLAR, BLUEPRINT, OTHER RELATED
REPRODUCTIONS, AND RELATED PERSONNEL AND RESOURCE FEES; PROVIDING
RELATED TEXAS ADMINISTRATIVE CODE GUIDELINES; PROVIDING A PARKS AND
RECREATION FEE SCHEDULE "A"; PROVIDING A PURPOSE; PROVIDING
APPLICABILITY; PROVIDING A WAIVER; PROVIDING FOR AMENDMENTS HERETO;
PROVIDING A CUMULATIVE REPEALER; PROVIDING FOR SAVINGS; PROVIDING
SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Edstrom made a motion to adopt the new schedule of fees, with amendments
(Deleting from Page 80 the Alarm Fee, Parking Permit, and Soliciting Permit and adding to Page 103
the Alarm Fee, Parking Permit and Soliciting Permit to page 103). Council Member Matthai
seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
PARTICIPATION IN DRAINAGE ISSUES AT WOODLANDS COURT AND SHADY OAKS,
PER HOMEOWNERS' REQUESTS.
Page 6 REGULAR SESSION May 20, 2002
Mr. Kevin Watson of 3 Woodlands Court, Mr. Gordon Skinner of 2 Woodlands Court, and Mr. Robert
Lemke of 4 Woodlands Court addressed the Council.
Bill LeGrand added that the Town couldn't legally go onto private property and build structures as
none of the affected properties abut Town property. Over the years, there have been a series of
retaining walls built, and then over time silt has filled in the easement, creating a pond and causing
water to flow onto the other properties.
Mayor Pro Tem Edstrom asked Paul Rosenberger to work with Phil Salyer and correct the driveway
infraction for drainage.
TOWN COUNCIL TO OBSERVE A PRESENTATION AND TAKE APPROPRIATE ACTION
REGARDING THE INCLUSION OF SIDEWALKS AND MEDIAN CLOSINGS FOR
WOODLANDS COURT, SHADY OAKS COURT AND ROSS COURT ON THE FINAL
DESIGN OF THE INDIAN CREEK DRIVE STREET BOND PROJECT. (WOODLANDS
COURT TO EDGEMERE DRIVE).
Tom Rutledge of Teague, Nall & Perkins explained the reconstruction design, to include the
consideration of median closings and the inclusion of sidewalks on this section of Trophy Club Drive.
As a consultant to the Town, they have evaluated the scope, pavement, drainage, and safety issues and
presented a concept plan to Public Works. The first Public Hearing was January 15"', and the second
was April 23. In 1996, a traffic study was performed to give a build out for the traffic projections.
Indian Creek and Trophy Club Drive are major arterial streets, and Teague, Nall & Perkins is trying to
balance the Town's concerns.
Town Manager Welsh stated that it is staff's recommendation to leave the curb cuts as they are.
The Council directed staff to keep the curb cuts as currently constructed with median openings.
Tom Rutledge explained that the sidewalk design is an alternate bid that is not included in the base
bid.
Mr. Dennis Sheridan of 1 Hillcrest Court addressed the Council.
A legal question was raised; `did the July 15, 2000 Bond Proposition authorize the use of bond funds
for construction of sidewalks?'. This question would need to be answered by our Bond Counsel Pete
Tart. The decision will be pending an answer from Pete Tart and addressed at the next council
meeting, June 3, 2002
TOWN COUNCIL TO HEAR AN UPDATE FROM TOWN ATTORNEY REGARDING
PROGRESS OF THE TRANSFER OF COMMUNITY IMPROVEMENT ASSOCIATION
ASSETS TO THE TOWN, AND TO DISCUSS THE TRANSFER OF THOSE ASSETS.
Town Attorney Adams stated she had received the documentation just today, and will meet later this
week with Town Manager Welsh and the CIA Attorney.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
EXPRESSING ITS OFFICIAL INTENT TO REIMBURSE THE TOWN TREASURY FOR
PARK AND RECREATION FACILITIES 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 PARK AND RECREATION FACILITIES; PROVIDING THAT ALL
Page 7 REGULAR SESSION May 20, 2002
COSTS REIMBURSED SHALL BE CAPITAL EXPENDITURES; PROVIDING TIME
FRAMES FOR THE ISSUANCE OF TAX EXEMPT OBLIGATIONS; AND PROVIDING AN
EFFECTIVE DATE.
Roger Unger advised that this resolution is to allow fees to be reimbursed to the Town for the
Community Pool -Park Bond up -front expenditures.
Council Member Williams made a motion to approve the resolution. Council Member Matthai
seconded; motion carried unanimously.
TOWN COUNCIL TO HEAR AN UPDATE, DISCUSS AND TAKE THE APPROPRIATE
ACTION REGARDING THE DEVELOPMENT OF A PUBLIC POOL AND SUPPORTING
FACILITIES.
Mr. Steve Krohn of 107 Greenhill Trail addressed the Council.
Bill Hughes advised that the Parks and Recreation Committee is investigating the canopy standpoint
The consensus of the Council is to not apply for a grant.
Mayor Smith stated the need to approve the final design of the plan.
Paul Rosenberger agreed on the need to go ahead with the final design of the project.
Mayor Pro Tem Edstrom added that EDC A & B, Council and the Parks and Recreation Committee
have a joint workshop scheduled.
COUNCIL REPORTS AND QUESTIONS FOR STAFF
• SCOTT SPENCE
o East Entrance
o Pool
Council Member Spence gave a report.
• BEVERLY FOLEY
o Denton County Transportation Authority Update
Council Member Foley stated that she did not have anything to add to Bill Walker's report.
STAFF REPORTS
None.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
Council convened into executive session at 10:35 p.m.
EXECUTIVE SESSION
PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.074(a)(1),
PERSONNEL MATTERS, THE COUNCIL WILL ENTER INTO EXECUTIVE SESSION TO
DISCUSS THE FOLLOWING:
THE APPOINTMENT OF A PUBLIC OFFICER — MAYOR PRO TEM
TOWN COUNCIL TO CLOSE EXECUTIVE SESSION
Council closed executive session at 10:46 p.m.
Page 8 REGULAR SESSION May 20, 2002
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
Council reconvened into regular session at 10:47 p.m.
REGULAR SESSION
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
MATTERS DISCUSSED IN EXECUTIVE SESSION, PURSUANT TO THE TEXAS
GOVERNMENT CODE SECTION 551.074 (a)(1) relative to the appointment of Mayor Pro
Tem.
Council Member Spence made a motion to nominate Council Member Williams as Mayor Pro Tem.
Council Member Foley seconded; motion carried 4-1-0, with Council Member Edstrom voting against.
ADJOURN.
Council Member Foley made a motion to adjourn at 10:58 p.m. Council
motion carried unanimously. k
Ox
611
Mayor,'
ATTES
Town Secretary;Town of Trophy Club, Texas
Edstrom
of Trophy Club, Texas