Minutes TC 05/05/2003NOTICE OF TOWN COUNCIL
REGULAR MEETING
FOR THE TOWN OF TROPHY CLUB
MAY 5, 2003
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
*REGULAR SESSION — 7:00 P.M.
1. CALL TO ORDER AND ANNOUNCE A QUORUM.
2. 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."
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.
5. REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT)
A. PARKS AND RECREATION
•Previous meeting and discussion
B. PLANNING AND ZONING
•Previous meeting and discussion
C. PUBLIC RELATIONS
•Previous meeting and discussion
D. PUBLIC SAFETY
•Previous meeting and discussion
E. PUBLIC WORKS
•Previous meeting and discussion
F. TREE BOARD
•Previous meeting and discussion
6. TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE PUBLIC RELATIONS
COMMITTEE.
John Ryback
7. 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 PUBLIC
RELATIONS COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN
EFFECTIVE DATE.
8. TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE PUBLIC WORKS
COMMITTEE.
Glenn Strother
Page 2 Regular Session May 5, 2003
9. 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.
10. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
APPROVAL OF NEW SIGNATURE RESOLUTIONS FOR TOWN BANK ACCOUNTS
AT NORTHWEST BANK, FIRST FINANCIAL BANK AND TEXPOOL.
11. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION WITH REGARD
TO ESTABLISHING A 4TH OF JULY CHECKING ACCOUNT.
12. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
PRESENTATION AND DISCUSSION RELATIVE TO A RETAINING WALL WAIVER
REQUEST TO TOWN ORDINANCE NO. 2002-42 P&Z, SECTION 4 ENTITLED
"RETAINING WALL REGULATIONS", SUBSECTION "C" ENTITLED "TYPE OF
RETAINING WALL AND CONSTRUCTION", (1) PERTAINING SPECIFICALLY TO
THE MATERIAL FOR RETAINING WALL REPLACEMENT, FOR A PROPERTY
LOCATED AT 1106 SUNSET DRIVE, LOT 390 OF SECTION FIVE.
13. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
PRESENTATION AND DISCUSSION RELATIVE TO A FENCE WAIVER REOUEST
TO TOWN ORDINANCE NO. 2002-42 P&Z, SECTION 3 ENTITLED "FENCES",
SUBSECTION `B" ENTITLED "HEIGHT REQUIREMENTS", (3) PERTAINING
SPECIFICALLY TO THE PLACEMENT OF A SIDE YARD FENCE ADJACENT TO A
SIDE STREET, FOR A PROPERTY LOCATED AT 102 SUMMIT COVE, LOT 15,
BLOCK 2 OF THE SUMMIT COVE ADDITION.
14. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON PROPOSED
FEES FOR PRIVATE USE OF COMMUNITY POOL.
15. COUNCIL/STAFF REPORTS.
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 APRIL 21,
2003.
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 6 — 12 2003 AS
NURSE APPRECIATION WEEK IN TROPHY CLUB IN CONJUNCTION WITH
NATIONAL NURSE, APPRECIATION WEEK.
Page 3 Regular Session May 5, 2003
C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 19 — TUNE 1, 2003,
SUPPORTING THE "CLICK IT OR TICKET TEXAS" CAMPAIGN AND
ENCOURAGING ALL CITIZENS TO SUPPORT THE CAMPAIGN BY BUCKLING
UP THEMSELVES AND THEIR CHILDREN TO PROTECT LIFE AND THE
QUALITY OF LIFE IN TROPHY CLUB AND IN SURROUNDING COMMUNITIES.
17. ADJOURN.
THE TOWN COUNCIL MAY CONVENE INTO EXECUTIVE SESSION TO
DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS
ACT, LGC 551.071.
CERTIFICATION
I CERTIFY THAT THE ABOVE NOTICE WAS POSTED ON THE FRONT WINDOW OF THE TROPHY
CLUB M.U.D. BUILDING, 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS ON MAY 1, 2003 AT
APPROXIMATELY 5:00 P.M., I FURTHER CERTIFY THAT THE FOLLOWING NEWS MEDIA WAS
PROPERLY NOTIFIED: KELLER CITIZEN, FORT WORTH STAR TELEGRAM, DALLAS MORNING
NEWS.
C-'6 44c�
TOWN SECRETARY
THIS FACILITY IS WHEELCHAIR ACCESSIBLE AND ACCESSIBLE PARKING SPACES ARE
AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES MUST BE MADE
72 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT DIANE COCKRELL, AT 682-831-4601 SO
APPROPRIATE ARRANGEMENTS CAN BE MADE.
MINUTES OF TOWN COUNCIL
REGULAR MEETING
FOR THE TOWN OF TROPHY CLUB
MAY 5, 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 5,
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
Susan Edstrom
Scott Spence
Beverly Foley
Bill Matthai
STAFF AND GUEST(S) PRESENT:
Diane Cockrell
Roger Unger
Patricia Adams
Robert De Los Santos
Randy Briggs
Gene Hill
Glenn Strother
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
(arrived at 8:36 p.m.)
Town Secretary
Finance Director
Attorney
Director of Police and Fire Services
Community Development Manager
Chairman, Planning and Zoning Commission
Applicant, Public Works Committee
1. 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.
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."
Randy Briggs 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.
Page 2 Regular Session May 5, 2003
Margi Cantrell of 1105 Sunset Drive and Jim Moss of 979 Trophy Club Drive addressed the
Council.
Council Member Edstrom stated "for the record" that she never made the statement that: "Jim
Moss is too old to serve on the Parks and Recreation Committee".
5. REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT)
A. PARKS AND RECREATION
Randy Briggs updated the Council regarding the April 24`x' meeting. Discussion included
special use fees for the pool, budgeting for hiring a consultant for Marshall Creek Park to
update safety, next year budgeting may include playground equipment and to include
Standard Operating Procedures for the pool, Marshall Creek Task Force and a five-year plan.
B. PLANNING AND ZONING
Gene Hill updated the Council regarding the drilling and production activities that are to be
located on properties owned by Beck Properties, and the landowner is also owner of the
mineral rights on those properties. Under State law, Beck Properties can recover the mineral
resources underlying their land "by right". The purpose of the Town's ordinance is to
exercise its rights to control the drilling, production and related activities to the extent
allowed by law, and to ensure that the health and welfare of residents are protected.
As a result of the last workshop on May 1, a point of development has been reached with our
document sufficient to bring it to final form and schedule a Public Hearing before the
Commission. Attorney Adams, Planning and Zoning Coordinator Kerin Fleck, and Gene Hill
will be working on final wording and the timing of the next actions on the ordinance.
C. PUBLIC RELATIONS
Renata Pellino-Porter updated the Council regarding Arbor Days and the Volunteer
Appreciation dinner.
D. PUBLIC SAFETY
George Gearner updated the Council regarding the following; crossing guards, neighborhood
watch program, protection of walkers, joggers and cyclists after daylight hours, auxiliary
patrol, and safety issues.
E. PUBLIC WORKS
Riley Mills updated the Council regarding future agenda items.
F. TREE BOARD
Jennifer Winmill updated the Council regarding the success of Arbor Days.
MOVED TO AGENDA ITEM #12 Pagano Request
12. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
PRESENTATION AND DISCUSSION RELATIVE TO A RETAINING WALL WAIVER
REQUEST TO TOWN ORDINANCE NO. 2002-42 P&Z, SECTION 4 ENTITLED
"RETAINING WALL REGULATIONS", SUBSECTION "C" ENTITLED "TYPE OF
RETAINING WALL AND CONSTRUCTION", (1) PERTAINING SPECIFICALLY TO
THE MATERIAL FOR RETAINING WALL REPLACEMENT, FOR A PROPERTY
LOCATED AT 1106 SUNSET DRIVE, LOT 390 OF SECTION FIVE.
Page 3 Regular Session May 5, 2003
The Pagano's removed the crosstie wall and was beginning to replace it with the same material
when Code Enforcement stopped them. Mr. Pagano states in his waiver request that it would be
beyond his means to replace the wall according to the guidelines of the Ordinance. They are
seeking a waiver based on financial hardship. A motion was made to recommend approval of the
retaining wall waiver based on economic hardship at the Planning & Zoning Commission's 17
April 2003 meeting.
Jim Moss of 979 Trophy Club Drive and Marvin Bonner of 53 Panorama Circle addressed the
Council.
Mayor Pro Tem Williams moved to approve the recommendation of the Planning and Zoning
Commission regarding the retaining wall waiver request based on financial hardship for property
located at 1106 Sunset Drive. Council Member Matthai seconded; motion carried unanimously.
6. TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE PUBLIC RELATIONS
COMMITTEE.
John Ryback
Mr. Ryback was not present.
7. 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 PUBLIC
RELATIONS COMMITTEE FOR A ONE (1) YEAR TERM; AND PROVIDING AN
EFFECTIVE DATE.
No action taken.
10. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
APPROVAL OF NEW SIGNATURE RESOLUTIONS FOR TOWN BANK ACCOUNTS
AT NORTHWEST BANK, FIRST FINANCIAL BANK AND TEXPOOL.
Roger Unger, Financial Director, explained that the auditor recommended keeping the funds for
Marshall Creek Park separate from Town funds.
Council Member Edstrom moved to approve the new signature resolutions for Town Bank
Accounts at Northwest Bank, First Financial Bank and Texpool. Council Member Matthai
seconded; motion carried unanimously.
11. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION WITH REGARD
TO ESTABLISHING A 4TH OF JULY CHECKING ACCOUNT.
Donna Welsh explained that in the past the budget has been misleading in regard to the 4"' of July
funds.
Council Member Edstrom moved to approve establishing a 4"' of July checking account. Council
Member Matthai seconded; motion carried unanimously.
13. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
PRESENTATION AND DISCUSSION RELATIVE TO A FENCE WAIVER REQUEST
TO TOWN ORDINANCE NO. 2002-42 P&Z, SECTION 3 ENTITLED "FENCES",
SUBSECTION `B" ENTITLED "HEIGHT REQUIREMENTS", (3) PERTAINING
SPECIFICALLY TO THE PLACEMENT OF A SIDE YARD FENCE ADJACENT TO A
SIDE STREET, FOR A PROPERTY LOCATED AT 102 SUMMIT COVE, LOT 15,
BLOCK 2 OF THE SUMMIT COVE ADDITION.
Page 4 Regular Session May 5, 2003
Staff approved the location of this fence in error. The fence runs along Mr. Sharpe's side yard,
adjacent to Municipal Drive. Had the fence been constructed according to the Ordinance, Mr.
Sharpe would only have an approximate 30' wide rear yard due to this lot being a small, zero lot
line. The fence that was constructed ties into the Municipal Utility District's fence surrounding
the water tanks. The Planning & Zoning Commission made a recommendation to approve the
fence waiver.
Council suggested that staff person approving permit should sign off on approval of permit for
accountability.
Council Member Matthai moved to approve the recommendation of the Planning and Zoning
Commission regarding the request for a fence waiver for property located at 1.02 Summit Cove.
Mayor Pro Tem Williams seconded; motion carried unanimously.
14. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON PROPOSED
FEES FOR PRIVATE USE OF COMMUNITY POOL.
Randy Briggs, Community Development Director, stated that the Parks and Recreation
Committee discussed at their last meeting looked at the fees that surrounding cities are charging
for pool usage. The Parks and Recreation Committee is making a recommendation to the Council
to adopt a policy similar to Baylor Health; i.e., $200 for two hours. This includes 1 hour in the
pool and 1 hour in the park for cake and gift exchange. We also hold one indoor room in the
event of inclement weather for the gift exchange. The $200 includes a lifeguard for the first 20
attendees. For groups of 21 to 30, an additional lifeguard is required at $25 per hour. The same
fee structure will apply for groups of 31 to 40 attendees. One additional lifeguard is $25 per hour.
The maximum party size is 40 attendees.
Mark Carr of 9 Stephens Court and Bruce Jongeneel of 34 Ridgewood addressed the Council.
Council Member Edstrom moved to table this agenda item regarding proposed fees for private
use of the community pool until the May 19 meeting. Mayor Pro Tem Williams seconded;
motion carried unanimously.
8. TOWN COUNCIL TO INTERVIEW AN APPLICANT FOR THE PUBLIC WORKS
COMMITTEE.
Glenn Strother
Town Council to interview candidate at a later time during this meeting.
9. 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.
Council Member Edstrom moved to appoint Glenn Strother to one seat on the Public Works
Committee. Council Member Matthai seconded; motion carried unanimously.
15. COUNCIL/STAFF REPORTS.
Council and Staff gave updates.
Page 5 Regular Session May 5, 2003
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 APRIL 21
2003.
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 6 — 12 2003 AS
NURSE APPRECIATION WEEK IN TROPHY CLUB IN CONJUNCTION WITH
NATIONAL NURSE APPRECIATION WEEK.
C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 19 — JUNE 1, 2003,
SUPPORTING THE "CLICK IT OR TICKET TEXAS" CAMPAIGN AND
ENCOURAGING ALL CITIZENS TO SUPPORT THE CAMPAIGN BY BUCKLING
UP THEMSELVES AND THEIR CHILDREN TO PROTECT LIFE AND THE
QUALITY OF LIFE IN TROPHY CLUB AND IN SURROUNDING COMMUNITIES.
Council Member Edstrom moved to approve the consent agenda as written. Council Member
Matthai seconded the motion; motion carried unanimously.
17. ADJOURN.
Council Member Matthai moved to adjourn at 8:59 p.m.; Council Member Edstrom seconded;
motion carried unanimously.
ATTEST:
Town Secretary, T wn of Trophy Club, Texas