Minutes TC 12/02/2002MINUTES OF TOWN COUNCIL WORKSHOP / PUBLIC HEARING AND
REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
DECEMBER 2, 2002
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 Session, Public Hearing and a
Regular Session on Monday, December 2, 2002. The meeting was held within the boundaries of the Town
and was open to the public.
WORKSHOP SESSION — 6:45 P.M.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Mayor
Roger Williams
Mayor Pro Tem
Beverly Foley
Council Member
Bill Matthai
Council Member
Scott Spence
Council Member
Susan Edstrom
Council Member
STAFF AND GUEST(S) PRESENT:
Diane Cockrell Town Secretary
Dan Boutwell Planning Consultant
Robert De Los Santos Director of Police and Fire Services
Jim Hicks EDC B Chairman
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Workshop to order at 6:50 p.m., noting a quorum was present.
TOWN COUNCIL TO INTERVIEW APPLICANTS FOR ECONOMIC DEVELOPMENT
CORPORATION B.
The Council had a brief introduction from each candidate and asked each of them questions. The Council
interviewed: Andy Hayes and John Taber.
ADJOURN WORKSHOP SESSION.
Mayor Smith adjourned the Workshop at 7:09 p.m.
REGULAR SESSION — 7:00 P.M.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Mayor
Roger Williams
Mayor Pro Tem
Beverly Foley
Council Member
Bill Matthai
Council Member
Scott Spence
Council Member
Susan Edstrom
Council Member
Page 2 Regular Session December 2, 2002
STAFF AND GUEST(S) PRESENT:
Diane Cockrell
Steve Poston
Roger Unger
Bill LeGrand
Town Secretary
Attorney
Finance Director
Public Works Director
Randy Briggs Community Development Manager
Gene Hill Chairman, Planning and Zoning
Robert De Los Santos Director of Police and Fire Services
Dan Boutwell Planning Consultant
Paul Rosenberger Consultant, Charter Franchise Agreement
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Regular Session to order at 7.15 p.m., noting a quorum was present.
INVOCATION.
Pearl O. Ford 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 Roger 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.
No presentations.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING.
Council convened into Public Hearing at 7:19 p.m.
PUBLIC HEARING
TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING AN ORDINANCE OF THE
TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-30 P&Z OF THE
TOWN WHICH AMENDED ORDINANCE 2001-21 P&Z, GOVERNING AND REGULATING THE
PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS
OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE 8, "TREE PRESERVATION AND
REMOVAL"; AND ADOPTING A NEW ORDINANCE AMENDING ORDINANCE 2001-21 P&Z,
GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN
AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB BY ADOPTING
A NEW ARTICLE 8 "TREE PRESERVATION AND REMOVAL"; PROVIDING DEFINITIONS;
ESTABLISHING PROVISIONS FOR A TREE BOARD; PROVIDING TREE PRESERVATION;
PROVIDING FOR INFORMATIONAL ASSISTANCE; PROVIDING FOR PROTECTED TREES;
PROVIDING A PROTECTED TREE LIST; PROVIDING FOR SPECIMEN TREES; PROVIDING
FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR TREE REMOVAL AND
REPLACEMENT; PROVIDING AN APPROVED TREE PLANTING AND REPLACEMENT LIST;
PROVIDING AN APPROVED MEDIAN AND RIGHT-OF-WAY TREE PLANTING LIST;
PROVIDING FOR TREE PROTECTION MEASURES; REQUIRING TREE PERMITS FOR
REPLANTING AND REMOVAL; PROVIDING AN APPEAL PROCESS; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; 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
Page 3 Regular Session December 2, 2002
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.
Gene Hill explained: As you may recall, previously, the Town adopted a Tree Ordinance to guide
preservation and replacement of trees within the Town limits and to become eligible for designation as a
"Tree City, USA". On review of the Ordinance by the Tree City Board, it was determined that a provision for
the Trophy Club Tree Board to annually develop a written Tree Plan was needed in order for Trophy Club to
become eligible for Tree City USA status. Such plan shall be presented annually to the Town Council for
acceptance.
At the November 7`h meeting, the Planning and Zoning Commission recommended approval of the new
paragraph in Section 8.2 Tree Board, Subsection 8f. that is shown in your agenda book as Staff Comments.
Your adoption of this Ordinance is requested.
TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING AN ORDINANCE OF THE
TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE
TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING
THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN
TRACT OF LAND DESCRIBED AS A 16.0 ACRE TRACT OF LAND LOCATED GENERALLY TO
THE NORTH OF STATE HIGHWAY 114, WEST OF T. W. KING ROAD AND SOUTH OF HANNA
COURT AND JAMIE COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO AND INCORPORATED HEREIN FROM ITS CURRENT ZONING OF
"CG" COMMERCIAL GENERAL TO PD PLANNED DEVELOPMENT NO. 25, TROPHY WOOD
CENTER, WITH MIXED USES INCLUDING RETAIL USES, RETAIL AND HOTEL USES AND
OFFICE USES; PROVIDING THAT THE 16.0 ACRE TRACT OF LAND SHALL BE DIVIDED
INTO NINE (9) SEPARATE TRACTS WITH MIXED USES AS FOLLOWS: TRACT 1
(APPROXIMATELY 1.1 ACRES), TRACT 2 (APPROXIMATELY 0.9 ACRES), TRACT 3
(APPROXIMATELY 1.6 ACRES), TRACT 4 (APPROXIMATELY 1.5 ACRES), AND TRACT 8
(APPROXIMATELY 2.2 ACRES) FOR RETAIL USES; TRACT 5 (APPROXIMATELY 2.0 ACRES),
TRACT 7 (APPROXIMATELY 1.8 ACRES), AND TRACT 9 (APPROXIMATELY 2.4 ACRES) FOR
RETAIL AND HOTEL USES; AND TRACT 6 (APPROXIMATELY 1.0 ACRES) FOR OFFICE
USES; PROVIDING THAT THE USES ALLOWED ON SUCH TRACT OF LAND SHALL BE IN
ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS OF THE COMPREHENSIVE
ZONING ORDINANCE, THIS ORDINANCE ADOPTING PD PLANNED DEVELOPMENT
DISTRICT NO. 25, AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN;
PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT
NO. 25 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A CONCEPT PLAN,
PROVIDING DEVELOPMENT STANDARDS; REQUIRING SUBSEQUENT TOWN APPROVAL
OF A LANDSCAPE PLAN AND PLANT LIST, BUILDING ELEVATIONS, SITE LINE STUDIES,
CIVIL SITE PLANS, PHOTOMETRIC PLAN AND LIGHT FIXTURES, SIGN CRITERIA,
DEVELOPMENT SCHEDULES FOR THE INDIVIDUAL TRACTS AND THE ENTIRE TRACT
AND OTHER REQUIREMENTS APPLICABLE TO PD PLANNED DEVELOPMENT DISTRICT
NO. 25; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING FOR
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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AND EFFECTIVE DATE.
Gene Hill explained: This request for a zoning change from CG Commercial General to PD25, to be known
as Trophy Wood Center, was heard by the Commission on November 21", and the submittal is strictly for the
zoning of the land. The developer requested the zoning action as a prerequisite to closing on their purchase of
the property.
Many details of the PD must still be defined before development commences, but the details are not a
requirement for this zoning change to be adopted. Several contingency items were defined by the
Page 4 Regular Session December 2, 2002
Commission prior to its vote recommending rezoning of the property. All of the contingencies requested
from the developer have been incorporated into the document now before this Public Hearing. Although a
correction must be made on Page 56 where the concept plan shows only 10 -foot landscape easement on
Trophy Wood Drive, not the 15 foot on Page 61 Item B 1C.
At future Public Hearings before the P&Z Commission, we expect to review in considerable detail the
developer's Final Site plan, including the landscape plan and plant list, Building Elevations, Sight Line
Studies, Sign Criteria, Retaining Wall and Fence Criteria, a Photometric Plan with Light Fixture Illustrations,
and a Development Schedule. Once we have received, reviewed and approved these items the Commission
will make further recommendations to Town Council.
TOWN COUNCIL TO CLOSE THE PUBLIC HEARING AND RECONVENE INTO REGULAR
SESSION.
Council closed the Public Hearing and reconvened into Regular Session at 7:23 p.m.
REGULAR SESSION
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-
30 P&Z OF THE TOWN WHICH AMENDED ORDINANCE 2001-21 P&Z, GOVERNING AND
REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE
CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE 8, "TREE
PRESERVATION AND REMOVAL"; AND ADOPTING A NEW ORDINANCE AMENDING
ORDINANCE 2001-21 P&Z, GOVERNING AND REGULATING THE PLATTING AND
SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN
OF TROPHY CLUB BY ADOPTING A NEW ARTICLE 8 "TREE PRESERVATION AND
REMOVAL"; PROVIDING DEFINITIONS; ESTABLISHING PROVISIONS FOR A TREE BOARD;
PROVIDING TREE PRESERVATION; PROVIDING FOR INFORMATIONAL ASSISTANCE;
PROVIDING FOR PROTECTED TREES; PROVIDING A PROTECTED TREE LIST; PROVIDING
FOR SPECIMEN TREES; PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING
FOR TREE REMOVAL AND REPLACEMENT; PROVIDING AN APPROVED TREE PLANTING
AND REPLACEMENT LIST; PROVIDING AN APPROVED MEDIAN AND RIGHT-OF-WAY
TREE PLANTING LIST; PROVIDING FOR TREE PROTECTION MEASURES; REQUIRING
TREE PERMITS FOR REPLANTING AND REMOVAL; PROVIDING AN APPEAL PROCESS;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; 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.
Council Member Spence moved to approve the Ordinance as written, Council Member Edstrom
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. 2000-
06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE
AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING
ON A CERTAIN TRACT OF LAND DESCRIBED AS A 16.0 ACRE TRACT OF LAND LOCATED
GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF T. W. KING ROAD AND
SOUTH OF HANNA COURT AND JAMIE COURT, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN FROM
ITS CURRENT ZONING OF "CG" COMMERCIAL GENERAL TO PD PLANNED
DEVELOPMENT NO. 25, TROPHY WOOD CENTER, WITH MIXED USES INCLUDING RETAIL
USES, RETAIL AND HOTEL USES AND OFFICE USES; PROVIDING THAT THE 16.0 ACRE
TRACT OF LAND SHALL BE DIVIDED INTO NINE (9) SEPARATE TRACTS WITH MIXED
Page 5 Regular Session December 2, 2002
USES AS FOLLOWS: TRACT 1 (APPROXIMATELY 1.1 ACRES), TRACT 2 (APPROXIMATELY
0.9 ACRES), TRACT 3 (APPROXIMATELY 1.6 ACRES), TRACT 4 (APPROXIMATELY 1.5
ACRES), AND TRACT 8 (APPROXIMATELY 2.2 ACRES) FOR RETAIL USES; TRACT 5
(APPROXIMATELY 2.0 ACRES), TRACT 7 (APPROXIMATELY 1.8 ACRES), AND TRACT 9
(APPROXIMATELY 2.4 ACRES) FOR RETAIL AND HOTEL USES; AND TRACT 6
(APPROXIMATELY 1.0 ACRES) FOR OFFICE USES; PROVIDING THAT THE USES ALLOWED
ON SUCH TRACT OF LAND SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THE
REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE, THIS ORDINANCE
ADOPTING PD PLANNED DEVELOPMENT DISTRICT NO. 25, AND ALL OTHER APPLICABLE
ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE
PD PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT FOR THE SUBJECT PROPERTY;
PROVIDING A CONCEPT PLAN, PROVIDING DEVELOPMENT STANDARDS; REQUIRING
SUBSEQUENT TOWN APPROVAL OF A LANDSCAPE PLAN AND PLANT LIST, BUILDING
ELEVATIONS, SITE LINE STUDIES, CIVIL SITE PLANS, PHOTOMETRIC PLAN AND LIGHT
FIXTURES, SIGN CRITERIA, DEVELOPMENT SCHEDULES FOR THE INDIVIDUAL TRACTS
AND THE ENTIRE TRACT AND OTHER REQUIREMENTS APPLICABLE TO PD PLANNED
DEVELOPMENT DISTRICT NO. 25; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR
SAVINGS; PROVIDING FOR 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 FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVING AND EFFECTIVE DATE.
Rick Horn, Pate Engineers and Hap Baggett, Developer introduced this project.
Mayor Pro Tem Williams moved to approve the Ordinance as written noting an amendment combining the
tract size at the time of the site plan and correcting the concept plan to include a 15 foot setback at Trophy
Wood Drive and Service Road State Highway 114. Council Member Matthai seconded; motion carried
unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS
REPEALING ORDINANCE NO. 2002-25P&Z ESTABLISHING REGULATIONS GOVERNING
THE CONSTRUCTION, REGULATION, AND PERMITTING OF FENCES AND RETAINING
WALLS; AND ADOPTING NEW REGULATIONS FOR THE CONSTRUCTION, REGULATION
AND PERMITTING OF FENCES AND RETAINING WALLS; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING REGULATIONS
FOR FENCES, INCLUDING PERMIT REQUIREMENTS, HEIGHT REQUIREMENTS, AND TYPE
OF FENCE AND CONSTRUCTION; PROVIDING RETAINING WALL REGULATIONS,
INCLUDING PERMIT REQUIREMENTS, HEIGHT REQUIREMENTS, AND TYPE OF
RETAINING WALL AND CONSTRUCTION; PROVIDING REGULATIONS FOR OUTDOOR
ANIMAL RUNS, INCLUDING PERMIT REQUIREMENTS AND TYPE OF OUTDOOR ANIMAL
RUN AND CONSTRUCTION; PROVIDING FOR SCREENING; PROVIDING REGULATIONS
FOR GOLF COURSE LOTS; PROVIDING FOR MAINTENANCE OF NON -LIVING MATERIAL;
PROVIDING FOR MAINTENANCE OF LIVING MATERIAL; PROVIDING FOR ADDITIONAL
SCREENING AND FENCING; PROVIDING FOR PERIMETER FENCING; PROVIDING FOR
INSPECTION; PROVIDING FOR MAINTENANCE/REPLACEMENT; PROVIDING FOR
WAIVERS AND APPEALS; 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.
Page 6 Regular Session December 2, 2002
Gene Hill explained: As an outcome of a recent request for a fence waiver that was approved by the Town
Council, P&Z was requested to review potential violations to the parallel fencing requirements that would
occur if a homeowner had a fenced yard and then desired to erect a barrier fence around a swimming pool. In
many instances, the barrier fence could be less than 20 feet from the property line fence, thus a violation.
In order to prevent a violation development from this situation, the Commission recommended at its
November 21s` meeting that a change be made to the fence ordinance. The recommended change is shown on
Page 70 of your agenda book.
The Commission's recommendation was by unanimous vote of the members present.
Also, I would like to ask the Council to add one item overlooked by the Commission. I suggest that language
be added stating that the pool barrier fence shall be erected at a minimum of 5 feet from any existing side or
rear yard fencing.
Council Member Edstrom moved to approve the Ordinance with recommended changes, Mayor Pro Tem
Williams seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS FINDING AFTER REASONABLE
NOTICE AND HEARING THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN
THE TOWN SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES;
ADOPTING GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND
MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND
TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL
CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING
REGULATORY RIGHTS OF THE TOWN; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
Steve Poston explained that this agreement is acceptable.
Council Member Spence made a motion to approve the Ordinance as written, Council Member Edstrom
seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS. GRANTING TO MARCUS CABLE
ASSOCIATES, L.L.C. d/b/a CHARTER COMMUNICATIONS, IT'S SUCCESSORS OR ASSIGNS, A
NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OWN, OPERATE AND MAINTAIN A CABLE
TELEVISION SYSTEM WITHIN THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR
INCORPORATION; PROVIDING DEFINITIONS; PROVIDING A GRANT OF RIGHTS;
PROVIDING A FRANCHISE REQUIREMENTS; PROVIDING FOR LIMITS ON A GRANTEE'S
RECOURSE; PROVIDING FOR ACCESS TO THE SYSTEM; PROVIDING FOR FEES AND
REPORTING; PROVIDING FOR APPLICATIONS AND REQUIRED SERVICES; PROVIDING
FOR FORM; CONTENTS; PROCEDURES; FEES; PAYMENT UPON GRANT; PROVIDING FOR
REQUIRED SERVICES AND FACILITIES TO BE INCLUDED IN FRANCHISE AGREEMENT;
PROVIDING FOR INDEMNITY AND INSURANCE; PROVIDING FOR FEES AND PAYMENTS;
PROVIDING FOR A FRANCHISE TERM; PROVIDING FOR TRANSFERS, OWNERSHIP AND
CONTROL; PROVIDING FOR DEFAULTS; PROVIDING FOR REMEDIES; PROVIDING FOR
PROVISION OF INFORMATION; AND PROVIDING A GENERAL CLAUSE.
Paul Rosenberger highlighted the history, terms of the agreement, disclaimer, indemnification, insurance,
construction, emergency alert system, customer service, telephone, service calls, subscriber fees, franchise
fees, transfer of ownership, and PEG channels. Bob Downey informed the Council that the Utility Franchise
Committee unanimously accepted the ordinance.
Page 7 Regular Session December 2, 2002
Council Member Matthai moved to approve the Ordinance with an amendment to the effective date, adding
an enrollment and engrossment clause and a publication clause to be coordinated by the Town Attorney and
Charter Attorney. 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 SEAT ON THE ECONOMIC DEVELOPMENT CORPORATION 4B FOR A
ONE-YEAR TERM; AND PROVIDING AN EFFECTIVE DATE.
Pam Cates of 213 Lakeshore Drive addressed the Council.
Council Member Edstrom moved to appoint Andy Hayes to the Economic Development Corporation 4B,
Council Member Matthai seconded; motion passing with a 3-1-1 vote. With Council Members Matthai and
Edstrom and Mayor Pro Tem Williams voting for and Council Member Foley voted against, with Council
Member Spence abstaining.
DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVING THE NOMINATION
OF BARRY HUIZENGA FOR CHAIRMAN OF THE PUBLIC WORKS COMMITTEE.
Council Member Edstrom moved to approve Barry Huizenga as the Chairman of the Public Works
Committee. Mayor Pro Tem Williams seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING STREET
REPAIRS TO INDIAN CREEK FROM PEBBLE BEACH TO HERITAGE TO INCLUDE THE
FOLLOWING:
A. ENGINEERING PLANNED FOR THIS SECTION.
B. ESTIMATED OR KNOWN ENGINEERING COSTS FOR THIS PROJECT. (PROJECT TO
DATE COSTS AND AGREED UPON TOTAL COSTS FOR PROJECT)
C. ESTIMATED TIME PERIOD FOR THIS PROJECT (WHEN).
D. WHAT PROJECT(S) WILL FINISH UP THE $3 MILLION BOND?
Council Member Foley introduced this item to give the Council the opportunity to be informed of the planned
future projects, and she asked Bill LeGrand several street repair questions. Tom Rutledge, Teague, Nall and
Perkins added that in 1994 a sealing project was completed. In June of 2001, additional sealing was
performed. In April of 2002, Council approved presentations to be made yearly in reference to the
miscellaneous street and curb repair contract, including joint and seal repairs (these projects have been limited
by budget).
Mayor Smith asked Bill LeGrand to come to the Council with an aggressive plan regarding street
maintenance. The Public Works Committee is looking at the next area planned and will be reporting to the
Council soon.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AUTHORIZING THE MAYOR OR HIS DESIGNEE TO AWARD AND EXECUTE THE
CONTRACT AND ALL NECESSARY DOCUMENTS OF THE CONTRACT FOR THE PAVING
AND DRAINAGE IMPROVEMENTS FOR TWO NEW PARKING LOTS AT PARKVIEW DRIVE.
Roger Unger explained that we are trying to expedite the process and the bids are to be opened on December
5`h. The normal process would require the Council to address this bid on December 16`h. This approval would
give us a one-week jump on the project. The action would be ratified on December 16`h. No work would begin
before the 16`h to enact the preliminary contract work. If the choice of bidders were not clear-cut, this item
would be placed on the December 16th agenda for Council approval.
Council Member Edstrom made a motion to approve, Mayor Pro Tem Williams seconded; motion carried
unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
ACCEPTING AND AWARDING OF THE RECOMMENDED BID FOR APPROVAL OF PHASE III
THE LIGHTING OF EXISTING BASEBALL/SOFTBALL FIELD AT THE 10 -ACRE PARK.
Page 8 Regular Session December 2, 2002
Randy Briggs explained that the bid from NEMA 3 Electric, Inc. of Midlothian, Texas in the amount of
$235,812 was the lowest bid that was received.
Mayor Pro Tem Williams made a motion to approve, Council Member Matthai seconded; motion carried
unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
ACCEPTING THE NAMES NOMINATED AND THE NAMING OF THE 10 -ACRE PARK.
Randy Briggs explained that the Parks and Recreation Committee offered five Park names.
Mayor Pro Tem Williams made a motion to approve the name of the park as Trophy Club Independence Park.
Council Member Foley seconded; motion carried unanimously.
Mayor Pro Tem Williams moved to reconsider the motion. Council Member Edstrom seconded. The motion
carried 3-1-1 with Mayor Pro Tem Williams and Council Members Edstrom and Spence voting for, with
Council Member Matthai abstaining, and Council Member Foley voting against.
Mayor Pro Tem Williams moved to name the park: Independence Park of Trophy Club, Council Member
Edstrom seconded. The motion carried 4-1, with Council Members Spence, Matthai, and Edstrom and Mayor
Pro Tem Williams voting for, and Council Member Foley voting against.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING TOWN
COUNCIL TO GIVE OPINION TO THE LOCAL OPTION ELECTION COMMITTEE
REGARDING:
A. BEER AND WINE SALES.
B. LIQUOR BY THE DRINK IN RESTAURANTS.
Margi Cantrell asked the Council for input regarding beer and wine sales and mixed beverages by the drink.
Pearl Ford of 2 Spring Creek Ct. addressed the Council.
After discussion, Margi Cantrell will return on December 16"' for input from the Council.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
"AGREEMENT FOR COMMUNITY SERVICES" WITH METROPORT MEALS ON WHEELS.
Mayor Smith explained that the Meals -On -Wheels has contracted with surrounding towns to support their
efforts. Currently, we have three residents receiving meals regularly, and two dozen people attending the
senior center luncheon at the Roanoke Senior Center.
Council Member Edstrom moved to table this agenda item until additional information can be provided;
Council Member Spence seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL
TO RENEW WESTHILL CONSTRUCTION'S CONTRACT FOR 2002-2003 MISCELLANEOUS
CURB REPAIRS.
Bill LeGrand explained that Westhill Construction agreed to renew the contract for Miscellaneous Street and
Curb Repairs.
Council Member Edstrom made a motion to approve, 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.
Page 9 Regular Session December 2, 2002
Item A, a resolution to Mary Denny and Item B, a resolution to Jane Nelson were pulled from the Council
agenda to be returned to the December 16`h Council agenda.
Council Member Foley moved to approve Item C, reducing the LOC committee quorum requirements and D.
November 18, 2002 Minutes. Council Member Spence seconded. Motion carried 4-0-1 with Foley, Matthai,
Edstrom and Spence voting for with Mayor Pro Tem Williams abstaining.
A. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS
REQUESTING REPRESENTATIVE MARY DENNY TO SPONSOR THE INTRODUCTION
AND PASSAGE OF LEGISLATION WHICH MODIFIES THE REQUIREMENTS FOR
AUTHORIZING THE HOLDING OF A CITYWIDE LOCAL OPTION ELECTION TO ALLOW
A TOWN LOCATED IN MORE THAN ONE COUNTY THE ABILITY TO HOLD A LOCAL
OPTION ELECTION AND PROVIDING AN EFFECTIVE DATE.
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS
REQUESTING SENATOR JANE NELSON TO SPONSOR THE INTRODUCTION AND
PASSAGE OF LEGISLATION WHICH MODIFIES THE REQUIREMENTS FOR
AUTHORIZING THE HOLDING OF A CITYWIDE LOCAL OPTION ELECTION TO ALLOW
A TOWN LOCATED IN MORE THAN ONE COUNTY THE ABILITY TO HOLD A LOCAL
OPTION ELECTION AND PROVIDING AN EFFECTIVE DATE.
C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
REDUCTION OF THE QUORUM REQUIREMENTS FOR THE LOCAL OPTION ELECTION
COMMITTEE TO BE REDUCED TO FIVE.
D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
APPROVAL OF THE REGULAR SESSION MINUTES DATED NOVEMBER 18 2002.
Council Member Edstrom moved to continue the meeting past 11:00 p.m. Council Member Matthai
seconded; motion carried unanimously.
COUNCIL/STAFF REPORTS.
Staff and Council reports were given.
ADJOURN.
Council Member Edstrom moved to adjourn at 11:10 p.m.
carried unanimously.
ATTEST:
Town Secretary, Town of Trophy Club, Texas
F.,
Council Member Spence seconded; motion