Minutes TC 05/19/2003MINUTES OF TOWN COUNCIL
REGULAR MEETING
FOR THE TOWN OF TROPHY CLUB
MAY 19, 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 Regular Session on Monday, May 19,
2003. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Mayor
Roger Williams
Mayor Pro Tem
Susan Edstrom
Council Member
Beverly Foley
Council Member
Bill Matthai
Council Member
TOWN COUNCIL MEMBERS ABSENT:
Scott Spence
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Diane Cockrell
Roger Unger
Patricia Adams
Robert De Los Santos
Randy Briggs
Gene Hill
George Roberson
Council Member
Town Manager
Town Secretary
Finance Director
Attorney
Director of Police and Fire Services
Community Development Manager
Chairman, Planning and Zoning Commission
Applicant, Public Safety Committee
*REGULAR SESSION — 7:00 P.M.
1. CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Regular session to order at 7:09 p.m. noting a quorum was present.
2. INVOCATION.
Roger Unger gave the invocation.
3. 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."
Don Cotton led the pledges.
4. 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.
There were no presentations.
Page 2 Regular Session May 19, 2003
5. OATH OF OFFICE TO BE ADMINISTERED BY MUNICIPAL COURT JUDGE MARK
CHAMBERS AND PRESENTATION OF CERTIFICATE OF ELECTION TO THE
INCOMING COUNCIL MEMBERS.
Municipal Court Judge Chambers administered the Oath of Office to Roger Williams as a new
council member, and Scott Smith as Mayor. The Mayor presented the Certificate of Election.
6. REMARKS TO/FROM INCOMING COUNCIL MEMBERS AND MAYOR.
Mayor Pro Tem Williams thanked the voters for the record number of voters being 34% and
expressed thanks to his supporters.
Mayor Smith thanked the voters and his supporters. The Mayor expressed what he would like to
see accomplished in the next two years; i.e., reintroduce the investigation of the Home Rule
Charter option, revitalize the volunteer Committee system to be more efficient and provide aid to
staff, improve Town communications via the newsletter and the Year End Review publication,
the Town sidewalk issue should to be addressed, the gas well drilling ordinance should to be
addressed, investigate ways to save the residents dollars on trash service and we should look
forward to the local option election, creative ways of funding and at some point possibly pursuing
short term loans, he would like to see property taxes reduced. Marshall Park should be self-
sufficient.
7. COUNCIL/STAFF REPORTS.
Donna Welsh updated the Council regarding budget, pool, and the ball fields.
Chief De Los Santos gave an update regarding grants.
Roger Unger announced that there would be a ribbon cutting ceremony on Sunday, May 25"' at
2:00 p.m. He added that there will be on-going completion work and may require the pool to be
closed for one day in the near future.
Randy Briggs gave an update on Marshall Creek Park. The Indian Creek project will require
traffic to be moved to the west side of the street when construction begins. Communication with
the post office, school bus, trash service and residents on that side of the street has been made to
coordinate traffic.
Gene Hill stated that the Planning and Zoning Commission would finalize the Drilling Ordinance
on the June 5th agenda.
Susan Edstrom asked for volunteers for July 4"' and for a mission statement from the Public
Safety Committee.
8. TOWN COUNCIL TO HEAR AN UPDATE ON THE ACTIVITIES OF THE TROPHY
CLUB ECONOMIC DEVELOPMENT SUPPORT GROUP AND THE STATUS OF HB
1199, LOCAL OPTION ELECTION BILL, AND TO DISCUSS SAME.
Margi Cantrell gave a presentation stating that our bill has been delayed and should be resolved
on or before June 2nd but should be complete this week. Once the bill has been passed, a copy of
the bill will be sent to the Town Attorney for a ruling on the number of signatures required to file
the petition.
9. TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE PUBLIC SAFETY
COMMITTEE.
George L. Roberson
Town Council had a brief discussion with the candidate.
Page 3 Regular Session May 19, 2003
10. 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) CITIZEN TO A SEAT ON THE PUBLIC SAFETY
COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Pro Tem Williams moved to appoint George Roberson to one seat on the Public Safety
Committee. Council Member Foley seconded; motion carried unanimously.
11. 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 `B" ENTITLED "HEIGHT REQUIREMENTS",
(1) PERTAINING SPECIFICALLY TO THE HEIGHT OF A SIDE YARD FENCE
ADJACENT TO A SIDE STREET, FOR A PROPERTY LOCATED AT 2 SKYLINE
DRIVE, LOT 1435 OF SECTION ELEVEN.
Ms. Story is requesting a waiver for a fence already in place at 8' in height. Code Enforcement
cited the violation. Ms. Story thought she was able to construct an 8' fence because her deed
restriction stated fences must be at least 6 feet in height. At the Planning & Zoning Commission's
May 1, 2003 meeting, there was unanimous approval of the fence waiver.
Council Member Edstrom moved to approve the recommendation of the Planning and Zoning
Commission regarding the request for a fence waiver for property located at 2 Skyline Drive.
Council Member Matthai seconded; motion carried unanimously.
12. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
REQUEST FOR WAIVER OF LEGAL FEES FOR THE COMMUNITY
IMPROVEMENT ASSOCIATION (CIA) DUES IN THE AMOUNT OF $240 FOR
PROPERTY LOCATED AT 17 SALIDA DRIVE.
Mr. Moritz explained that he is not asking that the initial fee of $207 be waived. He is requesting
that the $207 in legal fees and interest be waived. Mr. Moritz with Roger Unger, Finance
Director, addressed this issue.
Mayor Pro Tem Williams moved to approve the request for waiver of legal fees for the
Community Improvement Association (CIA) dues in the amount of $207.29 for property located
at 17 Salida Drive and asked that a refund be sent. Council Member Foley seconded; motion
carried unanimously.
13. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING
ORDINANCE NO. 2001-05 RELATING TO TRAFFIC AND STREET CONTROL
REGULATIONS AND ADOPTING NEW PROVISIONS RELATING TO TRAFFIC AND
STREET CONTROL REGULATIONS; PROVIDING DEFINITIONS; PROVIDING FOR
A MAXIMUM RATE OF SPEED FOR VEHICLES OF THIRTY (30) MILES PER HOUR
WITHIN THE TOWN AND TWENTY (20) MILES PER HOUR WITHIN A CERTAIN
DISTANCE OF SCHOOLS AND DURING SPECIFIC HOURS; PROVIDING FOR THE
DESIGNATION OF SCHOOL ZONES; PROVIDING FOR THE POSTING OF SPEED
LIMIT AND SCHOOL ZONE SIGNS; PROVIDING FOR THE POSTING OF STOP
SIGNS; PROVIDING FOR THE POSTING OF STOP LIGHTS; REGULATING THE
CONSTRUCTION OF STRUCTURES WHICH MIGHT IMPACT VISIBILITY ON THE
ROADWAY; PROVIDING PARKING REGULATIONS; PROHIBITING THE PARKING
OF MOTOR VEHICLES ON PUBLIC HIGHWAYS, STREETS AND OTHER RIGHTS-
OF-WAY BETWEEN THE HOURS OF 3:00 A.M. AND 5:00 A.M. EACH DAY;
PROVIDING REGULATIONS FOR OVERWEIGHT VEHICLES; PROVIDING FOR
PERMITS; PROVIDING FOR WEIGHTS OF LOADS; PROVIDING FOR THE
WEIGHING OF LOADED VEHICLES BY POLICE OFFICERS; PROVIDING
Page 4 Regular Session May 19, 2003
PROCEDURES FOR THE TRANSPORTATION OF SOLID WASTE; PROVIDING
PROCEDURES FOR THE TRANSPORTATION OF READY MIXED CONCRETE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER
ORDINANCES AFFECTING SPEED OF MOTOR VEHICLES, TRAFFIC CONTROL
DEVICES, OBSTRUCTION OF VIEW, PARKING, AND OVERWEIGHT VEHICLES
EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Williams moved to approve the Ordinance as written, Council Member
Foley seconded; motion carried unanimously.
14. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
THE ADOPTION OF THE COMMUNITY SWIMMING POOL OPERATIONS
MANUAL.
Billy Hughes explained that other cities Operation Manuals were used and the Town attorney has
reviewed and edited the manual.
Recommendations to amend the wording to change:
1. Rename any reference to wading pool make change to family pool.
2. Page 10 Delete Item #1.
3. Establish procedures for tracking discipline actions (reference Page 12).
4. Page 5 under "Admission/Pool Parties" should read $100 per hour for a 2 -hour minimum.
5. Page 5 under "Admission/Public Swim" should read Town residents free; a resident must
accompany non -Town residents. There will be a $5 per person charge for non-resident guests
in excess of two (2) per household.
6. Page 8 Delete Item #9.
Council Member Edstrom moved to adopt the Community Swimming Pool Operations Manual
with amended changes. Mayor Pro -Tem Williams seconded; motion carried unanimously.
15. TOWN COUNCIL TO DISCUSS AND DIRECT STAFF REGARDING ACTION ON
PROPOSED FEES FOR PRIVATE USE OF COMMUNITY POOL.
Billy Hughes explained that the recommended charge of $100 per hour would be a break-even
charge. Non-residents and businesses will be charged $250 per hour.
Council Member Matthai moved to access the fees for private use of the Community Pool as
recommended. Mayor Pro -Tem Williams seconded; motion carried unanimously.
16. 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
REGARDING APPROVAL OF REGULAR SESSION MINUTES DATED MAY 5
2003.
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING APPROVAL OF SPECIAL SESSION MINUTES DATED MAY 6 2003.
C. FINANCIALS DATED APRIL, 2003.
Mayor Pro Tem Williams moved to approve the consent agenda as written. Council Member
Foley seconded the motion; motion carried unanimously.
Page 5 Regular Session May 19, 2003
17. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION.
Council convened into executive session at 9:17 p.m.
EXECUTIVE SESSION
18. PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.074(a)(1),
PERSONNEL MATTERS, THE COUNCIL WILL ENTER INTO EXECUTIVE SESSION
TO DISCUSS THE FOLLOWING APPOINTMENT OF A PUBLIC OFFICER:
MAYOR PRO TEM
19. TOWN COUNCIL TO CLOSE EXECUTIVE SESSION.
Council closed executive session at 9:25 p.m.
20. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION.
Council reconvened into regular session at 9:25 p.m.
REGULAR SESSION
21. 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.
Mayor Pro Tem Williams made a motion to nominate Council Member Foley as Mayor Pro Tem.
Council Member Foley seconded; motion carried with a 3-2-0 vote. With Mayor Smith, Mayor
Pro Tem Williams, Council Member Foley voting for and Council Member Edstrom and Matthai
voting against.
22. ADJOURN.
Council Member Williams made a motion to adjoi
seconded; motion carried unanimously.
ATTEST:/ ' r
f� ry
A''',.
Town Secretary, Town of Trophy Club, Texas