Minutes TC 02/15/2003MINUTES OF TOWN COUNCIL WORKSHOP
AND
REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
FEBRUARY 17, 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 a Workshop/Regular Session on Monday,
February 17, 2003. The meeting was held within the boundaries of the Town and was open to the public.
WORKSHOP SESSION — 6:00 P.M.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Roger Williams
Beverly Foley
Scott Spence
Susan Edstrom
TOWN COUNCIL MEMBERS ABSENT:
Bill Matthai
STAFF AND GUEST(S) PRESENT:
Diane Cockrell
Sharon Huppert
Roger Unger
Renata Pellino-Porter
Kristine Christieb
Peter Combs
Wanda Brewster
Krista Loomis
Alice Walsh
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Workshop to order at 6:08 p.m.
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
(arrived 6:14 p.m.)
Town Secretary
Administrative Assistant
Finance Director
Chairman, Public Relations Committee
Public Relations Committee Member
Public Relations Committee Member
Public Relations Committee Member
Public Relations Committee Member
Public Relations Committee Member
TOWN COUNCIL TO DISCUSS PUBLIC RELATION'S ROLE AS FOLLOWS:
Public Relations Committee monthly obligations.
Renata Pellino-Porter gave the Council and Staff an update on the activities of the Public Relations
Committee.
Public Relations Committee attendance and participation in videotaping of the Town Council
meetings.
The Public Relations Committee requested the Town Council to seek volunteers from other Committees
to assist in videoing taping the Town Council meetings. Donna Welsh stated that we should advertise for
assistance on Channel 7 and also advertise at the local high school's audio visual Club and the person
would be paid. It was agreed upon that Sharon Huppert, representing the Town staff, would attend the
Public Relations Committee meeting each month.
Page 2 Regular Session February 17, 2003
Public Relations Committee developing an additional form of demographics in addition to the fact
sheet.
Town Council and the Public Relations Committee discussed the possibilities of obtaining additional
information. The Economic Development Committee should be responsible to supply the demographics.
Public Relations Committee events on Town calendar.
It was stated that Public Relations events are noted on the Town calendar.
Designating a Public Relations Committee Member to remain informed and take action on current
local area opportunities to promote Trophy Club.
No discussion incurred.
Public Relations Committee member attending a relocation seminar for employees of Fidelity on
Saturday, February 22, 2003, 9:00 a.m. to 2:00 p.m.
As a result of discussion the Town Council and Public Relations committee members agreed that a
committee member would not attend the function.
ADJOURN WORKSHOP SESSION.
Workshop adjourned at 7:05 p.m.
REGULAR SESSION — 7:00 P.M.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Roger Williams
Beverly Foley
Bill Matthai
Scott Spence
Susan Edstrom
STAFF AND GUEST(S) PRESENT:
Diane Cockrell
Roger Unger
Bill LeGrand
Robert De Los Santos
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
(Arrived 7:30 p.m.)
Town Secretary
Finance Director
Public Works Director
Director of Police and Fire Services
Patricia Adams Attorney
Renata Pelino-Porter Public Relations Audio Visual Person
Gene Hill Planning and Zoning Chairman
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Regular Session to order at 7:18 p.m., noting a quorum was present.
INVOCATION.
Commissioner Jim 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.
Page 3 Regular Session February 17, 2003
Neil Twomey of 203 Oakmont addressed the Council.
REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT)
ECONOMIC DEVELOPMENT CORPORATION AIWAYS AND MEANS COMMITTEE
Neil Twomey gave the Council an update regarding EDC A that meets on Tuesday, February 18. At the
last meeting visited trial balance $298,000 cash as of the end of December with cash revenues at the end
of September 30 of approximately $161,000. He further stated that they do have a commitment to make
in Phase I of the 10 -acre park, approximately $6,300 and further explained other obligations.
Neil Twomey gave the Council an update for the Ways and Means Committee at a prior Council meeting
and reported on current topics. The Committee received a memo from the Police Chief regarding vehicle
usage. 10.1 money not being used properly, losing $50,000 yearly in interest. Staff needs direction to use
the money to our best interest.
ECONOMIC DEVELOPMENT CORPORATION B
No presentation given.
INFORMATION TECHNOLOGY COMMITTEE
Connie Shaw and Jon Seale gave the Town Council an update regarding the Town website. They stated
the new website would be introduced to the Council in the near future.
TREE BOARD
Darin Davis gave the Town Council an update regarding projects: Arbor Day Celebration; planting wild
flowers from the State this Fall on our side of Highway 114; the comprehensive plan care of the
management program to maintain what we have in public places; working with the Public Relations
Committee on a brochure to inform residents on tree care.
UTILITY FRANCHISE COMMITTEE
Bob Downey gave the Council an update regarding the initial report that came back from Charter, the
cable franchise. Members met with representatives from Charter to investigate the types of services and
equipment that Charter might provide to the schools.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
APPROVAL OF FISCAL YEAR END SEPTEMBER 2002 AUDIT.
Chris Rutledge said that the report is qualified and is a remarkable statement considering what the Town
has had to deal with in 2001/2002; namely, reincorporating the Police Department and EMS and several
other factors. You can see from the report that, when you originally prepared the final budget, you
anticipated loosing dollars but, in fact, money was made as the final result. Mr. Rutledge further
expressed that it was a pleasure to work with and have the support of Renae Gonzales, Senior Accountant,
and will look forward to working with her in the future.
Mayor Pro Tem Williams moved to approve the Fiscal Year End September 2002 audit; Council Member
Matthai seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO ACCEPT
OWNERSHIP OF A 40 FOOT STRIP OF LAND AN APPROXIMATE 0.285 ACRE TRACT
CURRENTLY UTILIZED AS A PORTION OF TROPHY CLUB DRIVE• APPROVING A
SUBSTANTIAL COPY OF THE DONATION DEED TRANSFERRING THE PROPERTY
FROM CLUBCORP GOLF OF TEXAS L.P. TO THE TOWN; AND AUTHORIZING TOWN
STAFF TO COMPLETE THE PROCESSING, VERIFICATION, AND FILING OF ALL
DOCUMENTS NECESSARY TO EFFECT THE TRANSFER.
Bill LeGrand explained that this is a housekeeping item and requires no involvement of Planning and
Zoning. Club Corp contacted us in reference to this tract of land.
Council Member Edstrom moved to accept the approval of ownership of the 40 foot strip of land
currently utilized as a portion of Trophy Club Drive and approving a substantial copy of the donation
Page 4 Regular Session February 17, 2003
deed transferring the property from ClubCorp Golf of Texas, L.P. to the Town; and authorizing Town
staff to complete the processing, verification, and filing of all documents necessary to effect the transfer;
Council Member Matthai seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
REQUEST FOR SHORT FORM PLAT APPROVAL OF AN APPROXIMATE 4.28 ACRE
TRACT OF LAND KNOWN AS CHURCH OF CHRIST ADDITION LOCATED GENERALLY
TO THE NORTH OF STATE HIGHWAY 114 EAST OF GLEN EAGLES COURT SOUTH OF
INDIAN CREEK DRIVE AND WEST OF THE PLANTATION APARTMENTS. APPLICANT:
CHARTER ASSOCIATES. (SFP-02-002)
Gene Hill reported that in previous actions, the Council has approved the applicant's zoning and site plan
for this tract of land. Prior to the Commission's review of this submittal on February 6h, the Town
Engineer, the Town Planner and the Town's Public Works Department reviewed the Short Form Plat in
detail. All omissions and deficiencies noted in these reviews were corrected. The contingencies noted by
the Commission on February 6`" were corrected.
Tonight, the Planning and Zoning Commission recommends that the Council approve the applicant's
submitted Short Form Plat. The developer's next actions will be to submit their Developer's Agreement
to the Council and, after the Council's approval of the Agreement, to commence construction.
Council Member Matthai moved to approve the request for approval of an approximate 4.28 acre tract of
land known as Church of Christ addition, located generally to the north of State Highway 114, east of
Glen Eagles Court, south of Indian Creek Drive and west of the Plantation Apartments; Mayor Pro Tem
Williams seconded; motion carried unanimously.
TOWN COUNCIL TO OBSERVE A PRESENTATION BY MIDWEST COMMERCIAL
REALTY CONCERNING ARTICLE 7 OF THE SUBDIVISION REGULATIONS ENTITLED
DEVELOPER'S AGREEMENT FINANCIAL ASSURANCE AND CONSTRUCTION
CONTRACTS FOR PUBLIC IMPROVEMENTS OF TOWN ORDINANCE NO. 2001-21P&Z
REQUIRING THE DEVELOPER TO SUBMIT PERFORMANCE, PAYMENT AND
MAINTENANCE BONDS TO THE TOWN.
David Cunningham with Midwest Commercial Realty gave a presentation to the Council. He stated that
the performance bond issue was questioned last week and he wanted to express his concerns to the
Council tonight. Mr. Cunningham gave a history of the project and how quickly it occurred; construction
is scheduled to begin in mid-March with completion by late summer. The question is developer bonding
and developers don't bond. Bonds are nothing more than a warranty or an insurance policy. Contractors
bond and developers connect the dots, furnish the money, and contractors begin the work. Developers
will then bond the work under any condition. The Town would like to insure that there is a maintenance
bond in order for the project to be constructed properly and cover the costs of repairs. Mr. Cunningham
stated that he is not aware of any other town that requires a developer bond.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
PROPOSED REQUEST TO AMEND ARTICLE 7 OF THE SUBDIVISION REGULATIONS,
ENTITLED DEVELOPER'S AGREEMENT FINANCIAL ASSURANCE AND
CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS, OF TOWN ORDINANCE
NO.2001-21P&Z.
Planning and Zoning Commission participation and action not required unless Council decides
amendment to Subdivision Regulations is necessary.
Roger Unger clarified that the Council cannot amend this Ordinance tonight. The Council can request that
the Planning and Zoning Commission address the amendment. Mr. Unger stated that he recognizes the
concerns of the developer. The Town's concern for bonding is for the public infrastructure not the
buildings or the slabs in the development. If they were putting in water lines and streets, the Town would
like to see a bond. Mr. Unger recommended that the Council consider amending the ordinance to allow
the town to be an "also insured" or a "dual obligee" to use Mr. Cunningham's terminology on the bond.
Where we are still a beneficiary of the bonded indebtedness versus the way it reads tonight that Midwest
Page 5 Regular Session February 17, 2003
Reality would actually have to submit a bond directly to us. Hap Baggett supplied a third party agreement
document that Justin is currently using. The third party agreement is the most common way to protect the
municipal infrastructure in this type of environment.
Patricia Adams explained that the Ordinance was written in order to obtain one bond from the developer;
Surety companies (a bonding company) usually does not react quickly; The Town doesn't have a contract
with the sub -contractors; and it is much easier for staff to deal with one bond. This Ordinance provides
the most protection to the Town. In reference to third party agreements, we are discussing the roads and
the water/sewer lines. It comes down to the comfort level of the Council.
Mayor Pro Tem Williams moved to amend the subdivision regulations to allow a third party contract and
to get those changes submitted by our legal team, making sure that they get that to Planning and Zoning
no later than next Thursday. Council Member Edstrom seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
LANDSCAPING PLAN FOR MEDIANS ON INDIAN CREEK DRIVE.
Bill LeGrand explained that he would like direction regarding a concept plan from the Council on this
subject. The project, if done in-house, would cost approximately $80,000.
Council Member Matthai moved to approve the concept plan (used on Trophy Club Drive) for the
medians on Indian Creek Drive; Council Member Edstrom seconded; motion carried unanimously.
TOWN COUNCIL TO HEAR AN UPDATE ON INDEPENDENCE PARK AND THE
COMMUNITY POOL.
Roger Unger gave an update on Independence Park and the Community Pool to the Council.
Independence Park will open Saturday, March 29`h. The lighting contractor should have his letter to
proceed on Tuesday, February 18"'. The lights possibly will be installed by Saturday, March 22nd. The
baseball association has been very cooperative with an increase in participation from their association.
The baseball association succeeded in having the awnings donated by Dr. Pepper. Mr. Unger further
stated that staff should approve any contracts; the swimming pool project is going very well and the
foundation construction has begun in the bathhouses. We are in the critical phase at the present time
running about a week ahead of schedule. Field #4 infield dimensions have been adjusted with one of the
other fields in need of a slight adjustment. We are expanding the usability of several of the fields.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO DETERMINE
LOCATION OF STATUES DONATED TO THE TOWN BY THE DEVELOPER.
Roger Unger explained that the staff needs direction regarding placement of a statue in the flower garden
at Independence Park.
Mayor Pro Tem Williams moved to approve the placement of the "children on the bench" statue in the
flower garden at Independence Park; and hold the other statue in abeyance for now until the pool entrance
is planned. Council Member Edstrom seconded; and mentioned that Public Relations has committed to
the beautification of the west entrance; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION IN REGARDS TO THE
MASTER PLAN FOR THE DEVELOPMENT OF THE UNITED STATES ARMY CORP OF
ENGINEERS MARSHALL CREEK PARK.
Mayor Pro Tem Williams moved to table this agenda item; Council Member 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.
Page 6 Regular Session February 17, 2003
A. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO DEDICATE
REVENUE FROM PAST DUE CIA FEES TO CONSTRUCTION AND OPERATION OF
THE SWIMMING POOL.
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
THE APPROVAL OF THE REGULAR SESSION MINUTES DATED FEBRUARY 3
2003.
C. FINANCIAL DATED JANUARY, 2003.
Council Member Edstrom moved to approve the Consent Agenda. Council Member Spence seconded the
motion; motion carried unanimously.
COUNCIL/STAFF REPORTS.
Reports given.
ADJOURN.
Mayor Pro Tem Williams moved to adjourn at 9:45 p.m.; Council Member Matthai seconded; motion
carried unanimously.
ATTEST:
Town Secretary, Ywn of Trophy Club, Texas
as