Minutes TC 05/06/2002MINUTES OF PUBLIC HEARING AND
REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
MAY 6, 2002
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, May 6,
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
Barry Huizenga
Bill Matthai
Scott Spence
Roger Williams
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Diane Cockrell
Roger Unger
Patricia Adams
Bill LeGrand
Paul Rosenberger
Lee Delk
Kerin Fleck
Gene Hill
Tony Simmons
Kathy Grassman
Scott Voigt
John Patterson
David Jackson
Andrew Manor
Andrew Cocks
Jenny Kramer
John Garrison
Bill Hutchison
Steve Beebe
Beverly Foley
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Town Secretary
Finance Director
Town Attorney
Director of Public Works
Community Development Manager
Acting Chief of Police
P&Z Coordinator
P&Z Chairman
Police Sergeant
Police Officer
Police Officer
Explorer
Explorer
Explorer
Explorer
GSR Andrade Architects
GSR Andrade Architects
Cirrus Group
Public Works Committee Member
Council Member -Elect
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Smith called the Regular Session to order at 7:35 p.m., noting a quorum was present.
INVOCATION: Council Member Huizenga gave the invocation.
Page 2 REGULAR SESSION May 6, 2002
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
John Patterson, David Jackson, Andrew Manor, and Andrew Cocks (Police Explorers Post 957) led
the pledges.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, TO RECOGNIZE OUTSTANDING ACHIEVEMENT BY THE TROPHY CLUB
POLICE EXPLORERS POST 957 WHO REPRESENT OUR TOWN AND WHO BY THEIR
PARTICIPATION IN THE STATE LAW ENFORCEMENT EXPLORER COMPETITION
BRING HIGH HONOR TO THE TOWN AND ALL OF OUR RESIDENTS; RECOGNIZING
AND CONGRATULATING THEM ON THEIR ACHIEVEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
Sergeant Simmons advised of the unheard-of results by a team of rookie explorers at the State Law
Enforcement Explorer Competition, by taking third place in two categories.
Mayor Smith presented each explorer and advisor with an original, signed proclamation.
Sergeant Simmons presented plaques to the Explorers.
Council Member Huizenga made a motion to approve the proclamation. Council Member Spence
seconded; motion carried unanimously.
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.
Mayor Smith commended the Bond Steering Committee for their work, announcing each committee
member's name.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
Council convened into Public Hearing at 7:50 p.m.
PUBLIC HEARING
TOWN COUNCIL TO CONSIDER 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, AND AMENDING THE OFFICIAL
ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF
LAND DESCRIBED AS A 7.843 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 CURRENT 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;
Page 3 REGULAR SESSION May 6, 2002
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
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. (ZCA-01-002.1)
Gene Hill stated that the Planning and Zoning Committee offers a unanimous recommendation of the
PD 23 documentation.
Mr. Richard Kuhlman of Maguire Partners, 9 Village Circle, Suite 500, Westlake addressed the
Council.
Bill Hutchinson of the Cirrus Group addressed the Council.
TOWN COUNCIL TO CLOSE THE PUBLIC HEARING
Council closed Public Hearing at 8:10 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
Council convened into Regular Session at 8:10 p.m.
REGULAR SESSION
TOWN COUNCIL TO CONSIDER 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, AND AMENDING THE OFFICIAL
ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF
LAND DESCRIBED AS A 7.843 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 CURRENT 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
Page 4 REGULAR SESSION May 6, 2002
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. (ZCA-01-002.1)
Mr. Chris Clark of 11 Palmetto Court addressed the Council.
Mayor Pro Tem Edstrom made a motion to approve the ordinance. 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. 1999-32, REGULATING THE CONTROL OF ANIMALS, IN ITS ENTIRETY AND
ADOPTING NEW PROVISIONS REGULATING THE CONTROL OF ANIMALS TO
INCLUDE ADDITIONAL REGULATIONS FOR DANGEROUS WILD ANIMALS;
PROVIDING DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROHIBITING
ANIMALS AT LARGE; AUTHORIZING THE IMPOUNDING OF ANIMALS; PROVIDING
AUTHORITY TO IMPOUND, DESTROY, KILL OR MUZZLE CERTAIN ANIMALS;
ADOPTING PROVISIONS FOR DANGEROUS DOGS; PROVIDING FOR FEES;
PROVIDING FOR THE RELEASE OF UNVACCINATED ANIMALS; PROVIDING FOR
THE ADOPTION OF ANIMALS; PROVIDING REGULATIONS RELATIVE TO WILD
ANIMALS; PROVIDING REGULATIONS RELATIVE TO WILD ANIMALS; REQUIRING
CONFINEMENT OF AN ANIMAL ALLEGEDLY INVOLVED IN AN ATTACK;
REGULATING VICIOUS ANIMALS; REQUIRING VACCINATION; REQUIRING
LICENSES AND TAGS; PROVIDING SPECIAL REQUIREMENTS FOR KEEPING
MINIATURE PIGS AND FERRETS; PROVIDING REGULATIONS RELATIVE TO
DEFECATION OF ANIMALS ON PUBLIC AND PRIVATE PROPERTY; REQUIRING THE
MAINTENANCE OF SANITARY CONDITIONS; PROVIDING REGULATIONS FOR
ANIMAL NOISE; PROVIDING EXCEPTIONS; PROHIBITING DANGEROUS WILD
ANIMALS AND PROVIDING AN EXCEPTION FOR COMMERCIAL ESTABLISHMENTS;
REQUIRING A CERTIFICATE OF REGISTRATION FOR DANGEROUS WILD ANIMALS
AND SETTING FORTH PROVISIONS FOR APPLICATION FOR A CERTIFICATE OF
REGISTRATION; PROVIDING FOR THE DENIAL OR REVOCATION OF CERTIFICATE
OF REGISTRATION FOR DANGEROUS WILD ANIMALS AND PROVIDING AN
APPEALS PROCESS; ESTABLISHING PROVISIONS FOR THE DISPLAY OF
CERTIFICATE OF REGISTRATION FOR DANGEROUS WILD ANIMALS; PROVIDING A
REQUIREMENT FOR PERSONS TO OBTAIN A CERTIFICATE OF REGISTRATION FOR
DANGEROUS WILD ANIMALS BEGINNING JUNE 1, 2002; PROVIDING FOR LIABILITY
INSURANCE COVERAGE RELATIVE TO DANGEROUS WILD ANIMALS; PROVIDING
FOR THE INSPECTION OF DANGEROUS WILD ANIMALS; SETTING FORTH
PROVISIONS FOR THE RELOCATION OR DISPOSITION OF DANGEROUS WILD
ANIMALS; PROVIDING ATTACK, ESCAPE, AND LIABILITY PROVISIONS RELATED
TO DANGEROUS WILD ANIMALS; PROVIDING FOR THE CARE, TREATMENT, AND
TRANSPORTATION OF DANGEROUS WILD ANIMALS; PROVIDING FOR THE
REGULATION OF TRANSFER OF OWNERSHIP OF DANGEROUS WILD ANIMALS;
PROVIDING OFFENSE AND PENALTY FOR DANGEROUS WILD ANIMALS;
PROVIDING FOR A CIVIL PENALTY FOR SPECIFIC VIOLATIONS RELATED TO
DANGEROUS WILD ANIMALS IN AN AMOUNT NOT TO EXCEED THE SUM OF
$2,000.00 FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED DURING OR ON EACH DAY WHICH VIOLATION OCCURS OR
Page 5 REGULAR SESSION May 6, 2002
CONTINUES; PROVIDING APPLICABILITY; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF $2,000.00 FOR EACH OFFENSE, AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OF THIS ORDINANCE OCCURS OR CONTINUES AND
PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Town Attorney advised that the Legislature has enacted HB 1362 to regulate dangerous wild animals,
which requires municipalities to enact an ordinance pursuant to HB1362.
Mayor Pro Tem Edstrom made a motion to approve the ordinance. Council Member Matthai
seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON SHARING
COSTS (TOWN AND MUD) FOR THE CONSTRUCTION OF A WATERLINE FOR THE 10 -
ACRE PARK.
Paul Rosenberger explained that there have been meetings between the Town, the MUDs and the
School District to look at avenues for joint/sharing-use costs, and the waterline for the 10 -acre park
was considered for joint/sharing-use costs. Unfortunately, there was a misunderstanding between the
Town and the School district. The School District moved the waterline, starting the waterline down
towards the Park but stopped short. The Town will need to finish where they stopped. The MUDS
have agreed to fund $15,000 toward the costs for this waterline. The Town is requested to pay
$16,110.
This waterline will benefit the MUDs, the Town and the School District.
Council Member Matthai made a motion for the expenditure of $16,110 from the contingency fund
for construction of a waterline for the 10 -acre Park, provided that there is cost shared with the MUDs.
Mayor Pro Tem Edstrom seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
PRESENTATION OF PROPOSED LONG-RANGE LANDSCAPE PLAN FOR MEDIANS.
Bill LeGrand explained that the Public Works Committee has been working on a plan to bring the
medians to a zero landscaping plan, to minimize maintenance.
Steven Beebe advised that he volunteered and planned the new design for the median on Trophy Club
Drive and went on to explain the new design. The Public Works Committee decided that the new
design should lower maintenance costs, use less water, and use native or adaptive plants.
Ms. Pearl Ford of 2 Spring Creek Court and Mr. Chris Clark of 11 Palmetto Court addressed the
Council.
The consensus of the Council is to have a cost assessment, a maintenance analysis, and to have Staff's
questions answered.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO ACCEPT
OWNERSHIP OF ASSETS TRANSFERRED TO THE TOWN FROM THE TROPHY CLUB
COMMUNITY IMPROVEMENT ASSOCIATION ("TCCIA") PER THE MAJORITY VOTE
OF THE TCCIA MEMBERSHIP IN FEBRUARY 2002, SUCH ASSETS INCLUDING BUT
NOT LIMITED TO, A 6 -ACRE TRACT OF LAND, COMMON AREAS OF LAND IN
VARIOUS SUBDIVISIONS WITHIN THE TOWN OF TROPHY CLUB, RIGHTS TO LIENS
Page 6 REGULAR SESSION May 6, 2002
RECORDED AGAINST LOTS IN VARIOUS SUBDIVISIONS WITHIN THE TOWN OF
TROPHY CLUB, CASH, AND GENERAL OFFICE EQUIPMENT; AUTHORIZING THE
TOWN ATTORNEY TO FINALIZE DOCUMENTS EFFECTING THE TRANSFER OF ALL
SUCH ASSETS OF THE TCCIA AS APPROVED BY THE TCCIA MEMBERSHIP, AND
AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO
EFFECT THE TRANSFER.
Ms. Pearl O. Ford of 2 Spring Creek Court addressed the Council.
Town Attorney Adams explained that the CIA Attorney was directed to hold off until after the
election. She asked if Council had reservations regarding taking over the CIA assets, advising that
the liens would have to be transferred to the Town.
Council Member Williams made a motion to authorize Town Attorney Adams to continue. Mayor Pro
Tem Edstrom 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. REGULAR SESSION MINUTES DATED April 15, 2002.
B. PROCLAMATION SUPPORTING THE "CLICK IT OR TICKET TEXAS"
CAMPAIGN.
Mayor Pro Tem Edstrom made a motion to approve both items under the Consent Agenda. Council
Member Huizenga seconded; motion carried unanimously.
COUNCIL REPORTS AND QUESTIONS FOR STAFF
• SCOTT SMITH
o East Entrance Update
o Set a Date and Time For Town Budget and DPS Structure Workshop
Mayor Smith gave a report.
• ROGER WILLIAMS
o
CIA
o
Council Communications
o
Swimming Pool
o
Public Input
o
DPS
o
Utility Franchise Committee
o
Budget
o
Ways & Means Committee
o
East Entrance
o
10 acre Park
No report.
• BILL MATTHAI
o
Update on Bond Steering Committee
o
DPS
o
Council Communications
o
New Commercial Developments
0
10 -Acre Park Updates
o
Harmony Park Updates
o
Community Pool Updates
o
Website Updates
o
Sales Tax Revenue Update
o
New Residential Developments
No report.
STAFF REPORTS
• Bill LeGrand
Page 7 REGULAR SESSION May 6, 2002
o Indian Creek Medians and Sidewalks
o Woodland's Court Drainage
Bill LeGrand gave a report.
ADJOURN.
Council Member Huizenga made a motion to adjourn at 9: p.m.
seconded; motion carried unanimously.
a or, Town of
ATTEST:
Town Secretary,'Town of Trophy Club, Texas
Club, Texas
Matthai