Minutes TC 02/02/2004MINUTES OF
REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
FEBRUARY 2, 2004
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
REGULAR SESSION — 7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, February 2,
2004. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Mayor
Beverly Foley
Mayor Pro Tem
Susan Edstrom
Council Member
Bill Matthai
Council Member
Roger Williams
Council Member
Scott Spence
Council Member
STAFF AND GUEST(S) PRESENT:
Diane Cockrell Town Secretary
Roger Unger Finance Director
Patricia Adams Town Attorney
Randy Briggs Community Development Manager/Interim Director of DPS
Adam Adams Parks Administrator
Tom Rutledge Teague, Nall and Perkins
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Regular session to order at 7:04 p.m. noting a quorum was present.
2. INVOCATION.
Randy Briggs 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."
Constable Hatzenbuhler 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.
Constable John Hatzenbuhler of 180 N. Woodland Trail, Double Oak, Texas addressed the Council.
5. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
APPROVAL OF FISCAL YEAR END SEPTEMBER 2003 AUDIT.
Chris Rutledge of Rutledge Crain & Company, PC presented highlights of the audit and relayed that the
year end September 2003 Audit is an unqualified financial statement.
Council Member Williams moved to approve. Council Member Matthai seconded; motion carried
unanimously.
Page 2 Regular Session February 2, 2004
5-I.TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO WAIVE 2% GRADE
REQUIREMENT AT TROPHY WOOD DRIVE AND JAIME COURT.
David Cunningham addressed the Council relaying that the approximate cost for a retaining wall in the
area would be $10,000. Tom Rutledge advised the Council of a concern for pedestrian safety in the area
in question. Randy Briggs gave an overview showing digital pictures of the situation with digital pictures
showing the grade in the area being discussed.
Council Member Williams moved to give staff the authority to review the road and make decisions based
upon the fact that the two developers in the town reach an acceptable agreement as to how they're going
to handle the situation, whether it be the 2% grade waiver, whether it be with the two developers in Town
working together or whether it be something else, but I move that we give the Town staff that authority
and if they don't work it out they come back to the Council at the next meeting. Council Member Matthai
seconded; motion carried unanimously.
6. COUNCIL/STAFF REPORTS. THIS IS AN OPPORTUNITY FOR COUNCIL AND STAFF
TO PROVIDE BRIEF UPDATES ON PROJECTS AND TO PROVIDE PUBLIC SERVICE
ANNOUNCEMENTS. IT IS NOT A TIME FOR THE EXPRESSION OF OPINIONS,
QUESTIONS AND ANSWERS, OR DISCUSSION AMONG STAFF AND COUNCIL.
DISCUSSION IS LIMITED TO WHETHER COUNCIL DESIRES TO HAVE A TOPIC PLACED
ON A FUTURE AGENDA FOR FUTURE CONSIDERATION.
Council and Staff reports were given.
Council Member Edstrom asked that the following letter be read into the record of this meeting.
"Quinn Reckmeyer, 5 Timberline Court, Trophy Club, TX 76262
January 25, 2004, Ms. Susan Edstrom 260 Oak Hill Drive, Trophy Club Dr. Trophy Club, TX 76262
Dear Mrs. Edstrom,
My name is Quinn Reckmeyer, and I'm a Boy Scout in Troop 328. I'm writing to you on a town issue for
a requirement for a Merit Badge. I choose the issue on why we don't have sidewalks on the main road
like Indian Creek and Trophy Club Drive.
Some kids have to walk on the road to get to their bus stop or to a friends house. This is not safe for them.
In the mornings while it is still dark, kids have to walk to their bus stop. Construction trucks that are not
familiar with the area could accidentally hit them.
I recommend that we add sidewalks to both sides of the road. We should add one at time if it would save
the tax payers more money.
Thank you for your service to the community. Sincerely Quinn Reckmeyer"
7. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
LEASING OF TOWN MINERAL INTERESTS.
A. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE
COMPETITIVE BID PROCESS FOR AN OIL AND GAS NON -DRILL SITE/POOLING
AGREEMENT OIL AND GAS LEASE AGREEMENT FOR ITS MINERAL INTEREST
IN HARMONY PARK WHICH WOULD NOT AUTHORIZE DRILLING ON THE
SURFACE LAND OF HARMONY PARK; PROVIDING INCORPORATION OF
PREMISES CLAUSE; PROVIDING A FINDINGS CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Patricia Adams explained that this Ordinance starts the process as required by state law.
Council Member Williams moved to approve. Mayor Pro Tem Member Foley seconded; motion
carried unanimously.
Page 3 Regular Session February 2, 2004
8. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
ORDERING AND CALLING A JOINT GENERAL ELECTION BETWEEN THE TOWN OF
TROPHY CLUB, TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, AND TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. 2, TO BE HELD ON MAY 15, 2004, FOR THE
PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS
EACH TO THE TOWN COUNCIL, FOR ELECTING TWO (2) DIRECTORS TO THE TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. 1 FOR FOUR (4) YEAR TERMS EACH, AND
FOR ELECTING THREE (3) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 2 FOR FOUR (4) YEAR TERMS EACH; DESIGNATING A POLLING PLACE
WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN
ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES
FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING
RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION
AGREEMENT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Foley moved to approve. Council Member Matthai seconded; motion carried
unanimously.
9. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
TO ALL CANDIDATES RUNNING FOR ELECTION TO THE TOWN COUNCIL OF TROPHY
CLUB, INCLUDING THE CANDIDATES FOR THE MAY 15, 2004 ELECTION FOR TOWN
COUNCIL, INFORMING THEM OF TOWN COUNCIL'S INTENT AND DESIRE THAT
EVERY CANDIDATE COMPLY WITH HIS OR HER MORAL OBLIGATION TO OBSERVE
ETHICAL STANDARDS IN CAMPAIGNING AND TO UPHOLD THOSE STANDARDS, IN
ORDER THAT, AFTER VIGOROUSLY CONTESTED BUT FAIRLY CONDUCTED
CAMPAIGNS, OUR CITIZENS MAY EXERCISE THEIR CONSTITUTIONAL RIGHTS TO A
FREE AND UNTRAMMELED CHOICE AND THE WILL OF THE PEOPLE MAY BE FULLY
AND CLEARLY EXPRESSED ON THE ISSUES.
Donna Welsh shared that Trophy Club voters are very politically active. We have a high voter turn out
and our voters usually conduct healthy debates.
Pearl Ford of 2 Spring Creek Court addressed the Council.
Mayor Pro Tem Foley moved to approve. Council Member Williams seconded; motion carried
unanimously.
The Council agreed to remove the word "negative" in the third Whereas clause.
1.0. 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 ,JANUARY 19, 2004.
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE
TOWN ATTORNEY TO REPRESENT THE TOWN IN LITIGATION AND OTHER LEGAL
MATTERS AFFECTING THE TOWN AND RATIFYING ALL PREVIOUS ACTION
TAKEN BY THE TOWN ATTORNEY IN REPRESENTING THE TOWN; PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDING AUTHORITY; PROVIDING
A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Council Member Edstrom moved to approve. Council Member Williams seconded; motion carried
unanimously.
Page 4 Regular Session
11. ADJOURN.
Council Member Matthai moved to adjourn at 8:47 p.m
carried unanimously.
yor, Town
ATTEST:
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Town Secretary, Tox4n of Trophy Club, Texas
February 2, 2004
Member Williams seconded; motion
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