Minutes TC 03/03/2003MINUTES OF TOWN COUNCIL PUBLIC HEARING AND
REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
MARCH 3, 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 Regular Session on Monday, March 3,
2003. The meeting was held within the boundaries of the Town and was open to the public.
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
Randy Briggs
Robert De Los Santos
Patricia Adams
Gene Hill
Jodi Ashby
Barbara Aerstin
Greg Entingh
John Navarre
Jim Moss
Bobby Harrel
Neil Twomey
Mayor
Mayor Pro Tem
Council Member
Council Member arrived 8:50 p.m.
Council Member
Council Member
Town Secretary
Finance Director
Public Works Director
Community Development Manager
Director of Police and Fire Services
Town Attorney
Chairman, Planning and Zoning
Public Relations Audio Visual Assistant
Candidate, Friends of the Library Committee
Candidate, Information Technology Committee
Candidate, Public Works Committee
Candidate, Utility Franchise Committee
Terra Land Development
Council Candidate / Ways and Means Chair
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Regular Session to order at 7:05 p.m., noting a quorum was present.
INVOCATION.
Jim Moss 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."
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
Page 2 Regular Session March 3, 2003
LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATIONS ON SPECIFIC
AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS.
Neil Twomey of 203 Oakmont Drive, Trophy Club, and Robert Schnee 2701 High Road, Flower Mound,
Margi Cantrell of 1105 Sunset, Trophy Club addressed the Council.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING.
Council convened into Public Hearing at 7:16 p.m.
PUBLIC HEARING
TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING AN ORDINANCE OF
THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2002-21 P&Z,
WHICH AMENDED ORDINANCE 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 PROVISIONS TO AMEND EXHIBIT C, DEVELOPMENT STANDARDS AND
SINGLE FAMILY HOUSING REGULATIONS, BY CHANGING PARAGRAPH M, UTILITIES,
IN ITS ENTIRETY, TO ALTER THE REGULATIONS FOR THE LOCATION AND
SCREENING 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. (PDREP03-014)
TOWN COUNCIL TO CLOSE THE PUBLIC HEARING.
Council closed the Public Hearing and reconvened into Regular Session at 7:21p.m.
REGULAR SESSION
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 91-02, ADOPTING DESIGN STANDARDS FOR PAVING,
DRAINAGE AND UTILITY IMPROVEMENTS BY ADDING SECTION XIX ENTITLED
"WAIVER"; PROVIDING A CUMULATIVE REPEALER CLAUSE;_PROVIDING FOR
SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE
SUM OF FIVE HUNDRED DOLLARS ($500.00) 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.
Bill LeGrand stated that previously the preliminary plat was approved with an 80 -foot right-of-way
through the plat. The ordinance was amended to allow for a wavier.
Staff recommends approval of the request for a waiver to the Design Standard Requirements.
Council Member Edstrom moved to approve the Ordinance as written, Mayor Pro Tem
seconded; motion carried unanimously.
Page 3 Regular Session March 3, 2003
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
WAIVER REQUEST FROM REQUIREMENTS SPECIFIED IN THE DESIGN STANDARDS
ORDINANCE OF THE TOWN OF TROPHY CLUB, FOR THE CONSTRUCTION AND
ADDITION/CONTINUATION OF AN EXISTING RIGHT-OF-WAY (TROPHY WOOD DRIVE),
LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, SOUTH OF THE
VILLAS OF TROPHY CLUB AND WEST OF T.W. KING ROAD. (APPLICANT: DAVID
CUNNINGHAM, MIDWEST COMMERCIAL REALTY)
Council Member Edstrom moved to approve the Waiver as written, Council Member Spence
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.
2002-21 P&Z, WHICH AMENDED ORDINANCE 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 PROVISIONS TO AMEND EXHIBIT C, DEVELOPMENT STANDARDS
AND SINGLE FAMILY HOUSING REGULATIONS, BY CHANGING PARAGRAPH M,
UTILITIES, IN ITS ENTIRETY, TO ALTER THE REGULATIONS FOR THE LOCATION AND
SCREENING 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. (PDREP03-014)
Mayor Pro Tem Williams moved to approve the Waiver as written, Council Member Foley 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.
2001-21 P&Z OF THE TOWN, GOVERNING AND REGULATING THE PLATTING AND
SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE
TOWN OF TROPHY CLUB, TEXAS BY AMENDING SECTION 7.2, ENTITLED
"PERFORMANCE BONDS, PAYMENT BONDS, MAINTENANCE BONDS & FINANCIAL
ASSURANCES" OF ARTICLE 7, ENTITLED "DEVELOPER'S AGREEMENT, FINANCIAL
ASSURANCE AND CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS" BY
ADDING SUBSECTION (6) "THIRD PARTY ASSURANCES" TO SECTION 7.2 IN ORDER TO
PROVIDE AN ALTERNATIVE FINANCIAL ASSURANCE METHOD; PROVIDING THAT
ALL OTHER PROVISIONS OF SECTION 7.2 AND ARTICLE 7 REMAIN UNAFFECTED;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY;
PROVIDING SAVINGS; 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. (AMD -03-
011)
Staff briefing report provided as Hand Out at meeting.
Gene Hill reported: At a Special Meeting of the Planning and Zoning Commission on February 27, a
quorum of the Commission received a presentation from David Cunningham, representing the developer
of PD -25, Trophy Wood Business Center, concerning a proposed revision of Article 7 of the Subdivision
Regulations. Mr. Cunningham had discussed this item before the Town Council at its February 17
Page 4 Regular Session March 3, 2003
meeting, at which time the Council directed the Town Attorney and staff to take the steps necessary to
amend the Subdivision Regulations as soon as possible.
As a result of the Council's directive, staff brought to the Commission an item that does not do away with
any existing requirements of the Subdivision Regulations but adds an alternative clause concerning bonds
and financial assurances to Article 7, Section 7.2, as subsection (6) Third Party Assurances. The wording
of this subsection will permit the developer to submit to the Town financial assurances from a single
general contractor for the project, meeting all other requirements of the Subdivision Regulations
Ordinance and naming the Town as dual obligee.
After due consideration, the Commission voted to favorably recommend to the Town Council adoption of
the subject Third Party Assurances.
Mayor Pro Tem Williams moved to approve the Ordinance as written, Council Member
Edstrom seconded; motion carried unanimously.
TOWN COUNCIL TO INTERVIEW APPLICANTS FOR THE FRIENDS OF THE LIBRARY
COMMITTEE.
• Barbara Aerstin
• Mary Ellen Rodriquez
The Council had a brief discussion with Barbara Aerstin (Mary Ellen Rodriquez was unable to attend).
TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE INFORMATION
TECHNOLOGY COMMITTEE.
• Greg J. Entingh
The Council had a brief discussion with the candidate.
TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE PUBLIC WORKS
COMMITTEE.
• John P. Navarre
The Council had a brief discussion with the candidate.
TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE UTILITY FRANCHISE
COMMITTEE.
• Jim Moss
The Council had a brief discussion with the candidate.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
APPOINTING TWO CITIZENS TO TWO (2) SEATS ON THE FRIENDS OF THE LIBRARY
COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Williams moved to appoint Barbara Aerstin to the Friends of the Library Committee.
Council Member Edstrom 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 INFORMATION TECHNOLOGY
COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE.
Council Member Edstrom moved to appoint Greg Entingh to the Information Technology 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 A CITIZEN TO ONE (1) SEAT ON THE PUBLIC WORKS COMMITTEE FOR A
ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE.
Page 5 Regular Session March 3, 2003
Council Member Foley moved to appoint John Navarre to the Public Works Committee. 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 ONE (1) SEAT ON THE UTILITY FRANCHISE COMMITTEE FOR A TWO-
YEAR TERM; AND PROVIDING AN EFFECTIVE DATE.
Council Member Foley moved to appoint Jim Moss to the Utility Franchise Committee. Council Member
Spence seconded; motion carried unanimously.
TOWN COUNCIL TO HEAR A PRESENTATION BY RANDY SHIFLET OF TRINITY WASTE
SERVICES TRASH SERVICE PROVIDER FOR THE TOWN OF TROPHY CLUB AND
DISCUSS SAME.
Randy Shiflet of Trinity Waste Services gave a presentation to the Council.
TOWN COUNCIL TO REVIEW AND TAKE APPROPRIATE ACTION ON THE STAFF AND
WAYS & MEANS COMMITTEE'S RECOMMENDATION TO ADOPT A NEW FINANCIAL
DISTRIBUTION METHOD.
Beth Ann Gregory reported that the new method would enable staff to distribute financials from our
current financial software via e-mail to the elected officials and department heads without creating the
volumes of data now printed. The financials would be provided in an Adobe Acrobat format, which
includes many useful tools such as search and zoom to make navigating the information easier.
Mayor Pro Tem Williams moved to approve the staff and Ways and Means Committee's recommendation
to adopt a new financial distribution method, Council Member Edstrom seconded; motion carried
unanimously.
TOWN COUNCIL TO DISCUSS AND DIRECT THE PUBLIC SAFETY COMMITTEE/STAFF
REGARDING THE EXTENSION OF THE SCHOOL ZONES THE RELOCATION OF THE
FLASHING LIGHTS AND THE CREATION OF A NO PARKING ZONE.
George Gearner, Public Safety Chairman, shared that he has visited the school principals and a joint
meeting between the Public Safety Committee and the Public Works Committee. Each homeowner
involved has been visited. Staff and the Public Safety Committee are seeking direction to take appropriate
steps to amend the traffic control Ordinance.
Council Member Edstrom moved to approve the Public Safety Committee's recommendation to improve
the safety of our children as they go back and forth to school, Council Member Spence seconded; motion
carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO CONSIDER
FUNDING "A YEAR IN REVIEW" PUBLICATION TO BE SENT OUT TO THE RESIDENTS.
Donna Welsh shared that "A Year in Review" mail out publication can enlighten residents of the Town's
projects and responsibilities. In order to print 3500 copies, the cost of the publication is $5100.
Council Member Foley moved to consider the funding of printing 3500 handouts of "A Year in Review"
to be sent out to all Town residents and to be handed out at a Northwest Communities Partnership realtors
forum. Mayor Pro Tem Williams seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
MASTER PLAN FOR THE DEVELOPMENT OF THE UNITED STATES ARMY CORP OF
ENGINEERS MARSHALL CREEK PARK.
Randy Briggs presented the master plan for the development of Marshall Creek Park.
➢ Soft -surface trails in areas that contain sensitive environmental features - to allow human access while
minimizing impact to nature
➢ Provision of storm drainage via over -ground swales vs. stormsewer piping to reduce runoff velocities, and
to retain runoff for groundwater recharge
➢ Limitation of pavement to drives, parking areas and some trails in order to reduce runoff and encourage
foot -traffic within the site
Page 6 Regular Session March 3, 2003
➢ Development of created wetlands in areas that require cleansing of runoff from parking and drives prior to
discharging of stormwater into receiving streams
➢ Use of on-site wastewater systems for restrooms, designed specifically to the assimilation rate of native soil
conditions
➢ Provision of rainwater catchment on larger structures to collect roof runoff for reuse in areas requiring
irrigation
➢ Limited, use of lighting in order to minimize disturbance to natural areas
➢ Establishment of "preserve" areas to provide areas and facilities for environmental education in an
"outdoor classroom" setting. This may include native species trails, successional growth displays, exhibits
on prairie flora and fauna, and historical, archeological and cultural information. The Town will work with
governmental agencies and other interested parties to identify items that are of educational value.
Rex Madion of 3113 Lakewood Lane in Flower Mound, Kathleen Hawkins 3209 Lakewood Lane in
Flower Mound, Steve Gregory of 205 Pebble Beach in Trophy Club, Leslie Wilkins of 3480 High Road
in Flower Mound, John Ingelfritz of 3205 Lakewood Lane in Flower Mound addressed the Council.
Council Member Edstrom moved to consider approving the master plan for the development of the
United States Army Corp of Engineers Marshall Creek Park, Council Member Matthai 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. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO APPROVE
NEW SIGNATURE RESOLUTIONS FOR TOWN BANK ACCOUNTS AT NORTHWEST
BANK FIRST FINANCIAL BANK AND TEXPOOL.
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
APPROVING THE ACQUISITION OF FEE PARCELS, SCENIC AND ACCESS
EASEMENTS, AND CONSTRUCTION EASEMENTS, WHERE NEEDED, FROM THE
LAKES OF TROPHY CLUB HOMEOWNERS ASSOCIATION, ET AL, FOR THE PUBLIC
PURPOSE OF DEVELOPING AND ENLARGING PERMANENT PARK FACILITIES;
PROVIDING FOR THE INCORPORATION OF RECITALS; PROVIDING A FINDING OF
PUBLIC CONVENIENCE AND NECESSITY; AUTHORIZING AN OFFER OF
COMPENSATION AND PURCHASE OF THE PROPERTY AND EASEMENTS;
AUTHORIZING EMINENT DOMAIN PROCEEDINGS; AUTHORIZING THE JOINDER
OF THIRD PARTIES; AND PROVIDING AN EFFECTIVE DATE.
C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS
APPROVING AN AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB TEXAS
AND THE COUNTY OF DENTON, TEXAS, FOR THE RENTAL OF VOTING MACHINE
EQUIPMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
APPROVAL OF THE REGULAR SESSION MINUTES DATED JANUARY 20, 2003.
Mayor Pro Tem Williams moved to approve the Consent Agenda. Council Member Spence seconded the
motion; motion carried unanimously.
Page 7 Regular Session March 3, 2003
ADJOURN.
Council Member Edstrom moved to adjourn at 9:39 p.m.; Mayor Pro Tem Williams seconded; motion
carried unanimously.
I1
Town Secretary/Town of Trophy Club, Texas