Minutes TC 04/07/2003MINUTES OF TOWN COUNCIL FORUM AND
REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
APRIL 7, 2003
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
STATE OF TEXAS
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Forum and Regular Session on Monday,
April 7, 2003. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL FORUM — 6:00 P.M.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Roger Williams
Susan Edstrom
Beverly Foley
Scott Spence
TOWN COUNCIL MEMBERS ABSENT:
Bill Matthai
STAFF AND GUEST(S) PRESENT:
Diane Cockrell
Randy Briggs
Patricia Adams
Robert De Los Santos
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Secretary
Community Development Manager
Attorney
Director of Police and Fire Services (arrived 6:25 p.m.)
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Forum to order at 6:11 p.m. noting a quorum was present.
TOWN COUNCIL TO OBSERVE A PRESENTATION FROM THE COMMUNITY
DEVELOPMENT DEPARTMENT TO INCLUDE INDEPENDENCE PARK MARSHALL
CREEK PARK AND TROPHY CLUB COMMUNITY POOL AND DISCUSS SAME.
Randy Briggs from the Community Development Department gave a presentation on Independence Park,
Marshall Creek Park and Trophy Club Community Pool.
Pearl 0. Ford, Wendy Hill, Steve Gregory, Jean Carter, addressed the Council.
ADJOURN FORUM SESSION.
The Forum was adjourned at 6:58 p.m.
Page 2 Regular Session April 7, 2003
REGULAR SESSION — 7:00 P.M.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Mayor
Roger Williams
Mayor Pro Tem
Susan Edstrom
Council Member
Beverly Foley
Council Member
Bill Matthai
Council Member (arrived at 7:32 p.m.)
Scott Spence
Council Member
STAFF AND GUEST(S) PRESENT:
Diane Cockrell
Roger Unger
Bill LeGrand
Randy Briggs
Robert De Los Santos
Patricia Adams
Gene Hill
Carol Brown
Wanda Brewster
Tom Rutledge
Jay Marsh
David Cunningham
Neal Twomey
Renata Pellino-Porter
Town Secretary
Finance Director
Public Works Director
Community Development Manager
Director of Police and Fire Services
Attorney
Planning and Zoning Chairman
Trophy Club Women's Club
Public Relations Committee
Teague Nall & Perkins
Pate Engineers
Midwest Commercial Realty
Council Candidate
Council Candidate
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Regular session to order at 7:12 p.m. noting a quorum was present.
INVOCATION.
Jean Carter 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."
Mayor Pro Tem 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.
Linda Mills of 113 Seminole Drive and Neil Twomey 203 Oakmont Drive addressed the Council.
TOWN COUNCIL TO INTERVIEW APPLICANTS FOR THE TREE BOARD.
• Uschi Szpak
Town Council to interview candidate later in the meeting.
• Jenifer Reed
Town Council had a brief discussion with the candidate, Jenifer Reed.
Page 3 Regular Session April 7, 2003
TOWN COUNCIL TO INTERVIEW APPLICANT FOR THE LIBRARY BOARD.
Jenifer Reed
Town Council had a brief discussion with the candidate, Jenifer Reed.
TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE APPROPRIATE
ACTION REGARDING THE REQUEST FOR A TEMPORARY USE COMMUNITY GARAGE
SALE GRANTED BY SPECIAL PRIVILEGE.
Gene Hill explained that the Planning and Zoning Commission unanimously approved the garage sales
temporary use permit application at their meeting on March 20`'
Council Member Edstrom moved to approve the Request for a Temporary Use Permit for the Trophy
Club Women's Club garage sale as written. Mayor Pro Tem Williams seconded; motion carried
unanimously.
TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE APPROPRIATE
ACTION REGARDING THE REQUESTS FOR TEMPORARY USE PERMITS FOR THE
FOLLOWING:
A. ARBOR DAY (26 APRIL 2003)
B. 4TH OF JULY CELEBRATION (4 JULY 2003)
C. TROPHY CLUB DAY (18 OCTOBER 2003)
D. CHRISTMAS TREE AND CLOCK TOWER LIGHTING (6 DECEMBER 2003)
Gene Hill explained that the Planning and Zoning Commission unanimously approved the temporary
permits for Arbor Day, 4`'' of July Celebration, Trophy Club Day, and Christmas Tree and Clock Tower
Lighting at their meeting on March 20''.
Council Member Edstrom moved to approve the Request for a Temporary Use Permit for the Arbor Day,
Xh of July Celebration, Trophy Club Day, and Christmas Tree and Clock Tower Lighting. Council
Member Matthai seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
APPROVAL OF A CHANGE ORDER FOR ADDITION OF SIDEWALKS TO THE CURRENT
INDIAN CREEK DRIVE STREET RESTORATION PROJECT.
Marvin Bonner, Jr. of 53 Panorama Circle, Dennis Sheridan of 1 Hillcrest Ct. and Michael Hickey of 541
Indian Creek addressed the Council.
Susan Edstrom explained that the residents on Indian Creek expressed disappointment in the street
construction. The residents were under the impression that there would be of sidewalks and a change in
the street elevation during the project. After the sidewalks and elevation change to the project, the
residents were not advised of the change.
Mayor Smith explained that on June 3, 2002 the sidewalks were removed from the project.
Gene Hill added that the pathway plan was not designed to stipulate where sidewalks would be placed.
The plan was created to direct pedestrians off of Indian Creek Drive.
Tom Rutledge will address the Council at the April 21" meeting with a comparable plan for the east or
west side of Indian Creek Drive.
Council Member Spence moved to table until the next meeting. Mayor Pro Tem Williams seconded;
motion carried unanimously.
Page 4 Regular Session April 7, 2003
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING REVIEW
OF STREET SPECIFICATIONS WITH TEAGUE NALL AND PERKINS, WITH POSSIBLE
REVISION OF SPECIFICATIONS, AS RECOMMENDED BY GENE MARTER, PE.
At the last Council meeting in discussions regarding Town streets, Gene Marter, an independent engineer,
reviewed our streets and offered recommendations to our street specifications.
Tom Rutledge explained that the design standards and specifications being utilized in the Town at this
time have been in effect since 1990..He further stated there is no certification program that meets the
requirements to certify inspectors.
During his presentation, Tom Rutledge provided the Council documentation on the following:
The documents used in the Town's Design Standards.
• Town Specifications for Construction (NTCOG). These specifications are used to direct the
contractor and are part of the contract documents.
• Contract documents include: plans, construction details, general conditions, construction
performance, construction specifications.
• Contact documents specifically cover each item of work under the contract (there is no silence in
the specifications).
• Performance Related Specifications are included in the documents.
• The specifications are enforced through on-site inspection, geo tech field materials testing lab,
field technicians on job overseeing quality control and assurance (lime series, compaction tests,
concrete cylinders for strength verification and job site meetings with contractor, engineer and
Public Works Director.
He also provided information in response remarks made at the March 17 workshop as follows:
• Pavement or base thickness deficiency should be included in bid process (See NTCOG
specification table 303.7.2(a); same as recommended by Mr. Marter and used by Teague Nall &
Perkins today)
• Concrete Strength Deficiency (See NTCOG Specification Table 303.7.3.1.(a); same as
recommended by Mr. Marter and used by Teague Nall & Perkins today)
Council Member Foley presented a petition from the residents of Ross Court requesting that there be no
reconstruction performed on Ross Court.
Beverly Foley moved to have Gene Marter review the street specifications for Trophy Club for
suggestions. Motion failed for lack of a second.
Council Member Edstrom moved to approve the street specifications submitted by Teague Nall and
Perkins. Council Member Matthai seconded. Motion failed with a 2-3-0 vote with Council Members
Edstrom and Matthai voting for and Mayor Pro Tem Williams, Council Members Foley and Spence
voting against.
Council Member Foley moved to delay 30 days in order to allow a second opinion to review the
specifications. Mayor Pro Tem Williams seconded with a 3-2-0 vote. Mayor Pro Tem Williams and
Council Members Foley, and Spence voting for and Council Members Matthai and Edstrom voting
against.
Page 5 Regular Session April 7, 2003
TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE APPROPRIATE
ACTION REGARDING THE REQUEST FOR PRELIMINARY PLAT APPROVAL OF A 22.417
ACRE TRACT OF LAND KNOWN AS TROPHY WOOD BUSINESS CENTER, LOCATED
GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF T.W. KING ROAD
AND SOUTH OF HANNA COURT AND JAMIE COURT.
This Preliminary Plat was reviewed and discussed by the Commission at our meeting on March 20, 2003.
At that time, it was noted that this Preliminary Plat differs from the Planned Development Zoning
Ordinance by including the approximately 6 acres of the proposed Medical Hospital, identified as Block
B Lot 7 on the map, currently zoned CG (Commercial General) Medical Use. The Commission
anticipates that the Medical Hospital site will be the subject of a future Planned Development zoning
request prior to development.
Also noted, the tracts shown on this plat differ somewhat from those shown in the PD Ordinance. The
developer stated that the ultimate tract alignments will be dependent on identification of tenants and use
of each site, and he will seek replats as development progresses.
The Fire Department, Public Works Department, Town Planner and Town Engineer have each signed off
on this Preliminary Plat submittal.
The Final Plat for Trophy Wood Business Center is currently under review by Staff and will be presented
to Council following Commission review and action.
After due consideration and discuss, the Commission unanimously approved a motion to recommend this
Preliminary Plat of Trophy Wood Business Center to Council for your approval.
Pearl O. Ford of 2 Spring Creek Court addressed the Council.
Jay Marsh and David Cunningham addressed the Commission at the 20 March P&Z meeting. The
difference between the Preliminary Plat and the PD zoning Ordinance is that the Preliminary Plat includes
the entire 22 acres of the site. The proposed Medical Hospital's 6 acres is part of this Plat. Also, the
tracts are divided differently than what was shown in the Zoning Ordinance. Mr. Cunningham stated that
was due to not knowing what tenant/use will be on each site. When this is confirmed, the developer will
seek replats for the tracts.
The Fire Department, Public Works Department, Town Engineer and Town Planner have each signed off
on this Preliminary Plat submittal.
The Final Plat is still in the process of receiving staff reviews. The construction plans, which usually take
approximately 1 month to review, were submitted late, giving staff approximately 1-1/z weeks to complete
their reviews. The construction plan review is a component of the Final Plat review.
Council Member Edstrom moved to approve the request for preliminary plat approval of a 22.417 acre
tract of land known as Trophy Wood Business Center; Mayor Pro Tem Williams seconded: motion
carried unanimously.
TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE APPROPRIATE
ACTION RELATIVE TO A FENCE WAIVER REQUEST TO THE REQUIREMENTS SET
FORTH IN TOWN ORDINANCE NO. 2002-42 P&Z, SECTION 3 ENTITLED "FENCES",
SUBSECTION "C" ENTITLED "TYPE OF FENCES AND CONSTRUCTION, (6) PERTAINING
SPECIFICALLY TO THE CONSTRUCTION OF PARALLEL FENCES, FOR A PROPERTY
LOCATED AT 4 GLENDALE COURT, LOT 223 OF SECTION THREE.
Page 6 Regular Session April 7, 2003
Gene Hill explained that the property owner is requesting a waiver to the Fence Ordinance in order to
construct a parallel fence across an approximate 20' portion of his rear yard. (refer to site plan for exact
location) The property behind Mr. Brumley has a drainage easement running along the rear of his
property. The property owner constructed his fence 5' inside his property line. During heaving rains, the
easement fills up with water. Mr. Brumley is requesting the waiver due to safety concerns for his 2 -yr old
daughter. If the fence is constructed as proposed, there will still be access to the easement for utility
companies and site maintenance from the Brumley's driveway. The Planning & Zoning Commission
recommended approval of the fence waiver at their 20 March 2003 meeting.
Council Member Spence moved to approve the Fence Waiver request with the requirements set forth in
Town Ordinance No. 2002-42 P&Z; Council Member Edstrom seconded: motion carried unanimously.
Moved to Agenda Item #5 to interview Uschi Szpak.
TOWN COUNCIL TO INTERVIEW APPLICANTS FOR THE TREE BOARD.
Uschi Szpak
Town Council had a brief discussion with candidate Uschi Szpak.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING PUBLIC
WORKS COMMITTEE'S RECOMMENDATION TO MOVE FORWARD WITH REQUEST
FOR PROPOSALS FOR TRASH SERVICE FOR THE TOWN OF TROPHY CLUB.
Bill LeGrand explained that the Public Works Committee stated although Trinity Waste has provided
quality trash service for the Town, it is believed to be in the Town's best interest to move forward with
Request for Proposals for trash service and review the results. Patricia Adams explained that a 30 -day
notice is written in the contract.
Patricia Adams suggested that Council allow her to review the termination provisions of the contract
documents and to authorize staff to move forward with the Request for Proposals after she reviews those
termination provisions so that in the event that the contract could be terminated, staff would not have to
bring the item back to Council for action.
Council Member Foley moved to approve allow Patricia Adams to review the termination provisions of
the contract documents and to authorize staff to move forward with the Request for Proposals after she
reviews those termination provisions. 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.
2002-45 PROVIDING CERTAIN RULES AND REGULATIONS GOVERNING THE USE OF
MARSHALL CREEK PARK AND ADOPTING NEW REGULATIONS GOVERNING THE USE
OF MARSHALL CREEK PARK; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING DEFINITIONS; PROVIDING REGULATIONS REGARDING HOURS OPEN TO
THE PUBLIC AND SIGNAGE; PROVIDING GENERAL PROHIBITIONS; PROVIDING FOR
EXEMPTIONS; ESTABLISHING AN ENABLING PROVISION; PROVIDING FOR THE
REGULATION OF VEHICLES, SPEED AND TRAFFIC; REGULATING THE OPERATION OF
ALL -TERRAIN VEHICLES, MOTORCYCLES, MOPEDS AND MOTOR -DRIVEN CYCLES;
PROVIDING FOR USAGE FEES; PROVIDING FOR A SPECIAL EVENT PERMIT
APPLICATION PROCEDURE; PROVIDING REASONS FOR SPECIAL EVENT PERMIT
DENIAL; PROVIDING FOR APPEAL OF SPECIAL EVENT PERMIT DENIAL OR
CONDITIONAL APPROVAL; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS
($500.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED
Page 7 Regular Session April 7, 2003
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.
Randy Briggs explained that this Ordinance adds an annual pass under the Fee schedule; addition that All
Terrain Vehicles are required to wear helmets at all times and special event application procedure to allow
10 days to get on a Council agenda for approval.
Mayor Pro Tem Williams moved to approve the Ordinance as written providing certain rules, i.e., In the
event that there is a conflict between the fee charged in this Ordinance and the fee charged in the
Schedule of Fees Ordinance the amount specified in the fee ordinance shall control the fees
charged for Marshall Creek Park. Council Member Matthai seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
LEASING PORTABLE SHOWER AND RESTROOMS FOR THE COMMUNITY POOL FROM
OPENING DAY TO 5 JULY 2003.
Mayor Pro Tem Williams moved to approve the proposal for leasing portable shower and restrooms for
the community pool as written. Council Member Spence seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
NON-EXCLUSIVE PARK FACILITIES USE AGREEMENT AND DIRECTING THE MAYOR
OR DESIGNEE TO EXECUTE USE AGREEMENTS WITH LOCAL SPORTS ASSOCIATIONS
SUBJECT TO STAFF FINALIZING THE APPLICABLE TERMS OF MAINTENANCE.
Donna Welsh, Town Manager, requested that this agenda item be tabled because of questions from the
Town sports associations. She recommended scheduling a meeting to include the president of each sports
association along with Town staff, Donna Welsh, Randy Briggs, and Patricia Adams.
Council Member Matthai moved to table this item. Council Member Edstrom seconded, motion carried
unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
LAYING OF WATER LINE TO MARSHALL CREEK PARK POSSIBLE UPGRADE TO 8"
MAIN, AND UNITED STATES ARMY CORP OF ENGINEERS (USACE) MAKING
ADDITIONAL IMPROVEMENTS OF EQUAL COST AS REIMBURSEMENT TO THE TOWN.
Randy Briggs explained that due to the short amount of time that is available to place the waterline into
Marshall Creek Park, I am requesting that you approve an alternate plan that will enable the Town to have
an adequate waterline inside Marshall Creek Park, which will provide sufficient amount of water so that
the necessary improvements may be planned for Marshall Creek Park.
Staff recommends that Council accept work to be done in Marshall Creek Park in lieu of payment for
upgrading water main to Marshall Creek Park due to USACE request for work in lieu of payment.
Council Member Matthai moved to approve the laying of the water line to Marshall Creek Park and
United States Army Corp of Engineers (USACE) making additional improvements of equal cost as
reimbursement to the Town as recornmended by Staff. Mayor Pro Tem Williams 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 A CITIZEN TO ONE (1) SEAT ON THE TREE BOARD FOR A ONE (1) YEAR
TERM; AND PROVIDING AN EFFECTIVE DATE.
Page 8 Regular Session April 7, 2003
Council Member Edstrom moved to appoint Uschi Szpak to the Tree Board Committee. Council Member
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 ONE CITIZEN TO ONE (1) SEAT ON THE LIBRARY BOARD FOR A ONE (1)
YEAR TERM; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Williams moved to appoint Jenifer Reed to the Friends of the Library Committee.
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.
A. REGULAR SESSION MINUTES DATED MARCH 17 2003.
B. EXPENDITURE OF THE COURT SECURITY FUNDS FOR PURCHASE OF AN
INTEGRATED ACCESS CONTROL SYSTEM FOR THE MUNICIPAL BUILDING AND
THE DEPARTMENT OF PUBLIC SAFETY BUILDING WHICH HOUSES COURT
OFFICES.
C. PROCLAMATION DECLARING MAY IST OBSERVANCE OF NATIONAL DAY OF
PRAYER.
Council Member Edstrom made a motion to table the March 17 minutes until the next meeting. Council
Member Matthia seconded the motion with a 4-1-0 vote with Council Members Edstrom, Foley, Matthia
and Spence voting for and Mayor Pro Tem Williams voting against.
Council Member Foley moved to approve the Consent Agenda. Council Member Edstrom seconded the
motion; motion carried unanimously.
COUNCIL/STAFF REPORTS.
Council and staff reports were given.
ADJOURN.
Mayor Pro Tem Williams moved to adjourn at 10:58 p.m.; Council Member Spence seconded; motion
carried unanimously. -
ATTEST:
Town Secretary, Town ofjrophy Club, Texas