Minutes TC 01/05/2004MINUTES OF
NOTICE OF FOUNDER'S DAY RECEPTION/
REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
JANUARY 5, 2004
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
FOUNDER'S DAY RECEPTION - 6:00 P.M. TO 6:45 P.M.
TOWN COUNCIL MEMBERS,
STAFF AND GUESTS PRESENT
Beverly Foley
Scott Smith
Donna Welsh,
Jim Carter
Beverly Foley
Diane Cockrell
Gene Hill
Susan Edstrom
Roger Unger
Jean Carter
Bill Matthai
Patricia Adams
Lynn Hale
Scott Spence
Randy Briggs
Barb Tweedie
Linda Mills
1. CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the reception to order at 6:15.
2. TOWN COUNCIL TO WELCOME ELECTED OFFICIALS FROM PAST TOWN
COUNCIL AND TOWN OFFICIALS.
The Mayor recognized those in attendance and allowed input from each attendee.
3. ADJOURN RECEPTION.
Reception adjourned at 6:45 p.m.
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, January 5,
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:
Donna Welsh Town Manager
Diane Cockrell Town Secretary
Roger Unger Finance Director
Patricia Adams Town Attorney
Randy Briggs Community Development Manager/Interim Director of DPS
Beth Ann Gregory I/Systems Manager
Gene Hill P & Z Chairman
1. CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Regular session to order at 7:02 p.m. noting a quorum was present.
Page 2 Regular Session January 5, 2004
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."
Gene Hill 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.
Bob Monroe of 16 Avalon Drive, Robert Radder of 1 Lee Court and Jan Colatriano of 8 Jennifer Court
addressed the Council.
5. COUNCIL/STAFF REPORTS. 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.
6. 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 ONE (1) SEAT ON THE ECONOMIC
DEVELOPMENT CORPORATION A FOR THE REMAINDER OF THE UNEXPIRED
TERM EXPIRING ON JUNE 30,2005; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Foley moved to approve. Council Member Edstrom seconded; motion carried
unanimously.
7. TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS, AND TAKE
APPROPRIATE ACTION RELATIVE TO A REQUEST FOR RELIEF FROM
LANDSCAPING PLAN REQUIREMENTS, A COMPONENT OF THE LAKEVIEW
ELEMENTARY SCHOOL SITE PLAN, A 15.015 ACRE TRACT OF LAND 'ZONED R-12,
LOCATED GENERALLY TO THE NORTH OF VILLAGE TRAIL DRIVE, AND WEST OF
THE LAKES OF TROPHY CLUB. APPLICANT: NORTHWEST INDEPENDENT SCHOOL
DISTRICT; DUNAWAY ASSOCIATES, INC.
Gene Hill explained that Lakeview Elementary was built prior to incorporation of the Town; there were
no landscaping requirements to comply with at the time of its initial construction. When the school
district proposed an addition to Lakeview in 2003, it became necessary for the district to prepare and
obtain approval of a Site Plan and to comply with the landscape requirements of the Town's
Comprehensive Zoning Ordinance. The CZO landscaping requirements were so onerous on the district
that the Town chose to amend the CZO to allow landscaping relief to properties such as the school. The
CZO amendment was approved and passed by Council on December 1, 2003. The Planning and Zoning
Commission approved the Lakeview School Landscape Plan unanimously on December 18, 2003.
Council Member Spence moved to approve. Council Member Williams seconded; motion carried
unanimously.
8. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE
Page 3 Regular Session January 5, 2004
NO.2002-38 P&Z, ESTABLISHING SIGN REGULATIONS. AND ADOPTING NEW
PROVISIONS FOR SIGN REGULATIONS; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING DEFINITIONS; PROVIDING GENERAL STANDARDS
RELATING TO THE HEIGHT OF SIGNS, APPLICABLE BUILDING AND ELECTRICAL
CODES, ILLUMINATED SIGNS, AND REQUIREMENTS TO REPAIR; PROVIDING FOR
TRAFFIC SAFETY; PROVIDING FOR POLITICAL SIGNS; PROVIDING FOR
DEVELOPER/BUILDER AND REAL ESTATE SIGNS; ESTABLISHING PROVISIONS
FOR ALL AREAS AND ZONING DISTRICTS; PROVIDING FOR COMMERCIAL SIGNS;
PROVIDING SIGNAGE CRITERIA; PROVIDING FOR PERMISSIBLE SIGNS NOT
REQUIRING PERMITS; PROVIDING PERMIT REQUIREMENTS; PROVIDING FOR
TEMPORARY PERMITS; PROVIDING FOR NONCONFORMING USES; PROVIDING
FOR MERITORIOUS EXCEPTIONS AND APPEALS; PROVIDING FOR PROHIBITION
OF SIGNS NOT SPECIFICALLY AUTHORIZED; PROVIDING GRAFFITI
REGULATIONS; PROVIDING A CUMULATIVE REPEALER 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.
The 2003 session of the State Legislature passed House Bill 212 and Senate 'Bill 656 with some
requirements concerning political signs and on -premise signs that the Town must adopt into our
Ordinances. The packet drop-in relevant to the Sign Ordinance provides redline pages of the required
changes to assist your identification of what is being added and removed.
Prior to the Commission meeting on December 4, 2003 the Commission requested that Patricia Adams
provide an opinion on the number of political signs allowed to be regulated on a property as well as the
duration of display for the signs. Patricia Adams contacted the Texas Municipal League and determined
that TML had no opinion on these matters. As a result, the Commission chose to retain the current Sign
Ordinance provisions for political signage on residential properties. For non-residential properties, the
Commission recommended criteria based on a minimum distance of 25 feet between each sign.
The revised ordinance was passed unanimously by the Planning and Zoning Commission at it's
December 4, 2003 meeting.
Council Member Matthai moved to table until January 19, 2004. Council Member Edstrom seconded,
motion carried unanimously.
9. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE
NO. 2003-14 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 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
Page 4 Regular Session January 5, 2004
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 Foley moved to approve. Council Member Matthai seconded; motion carried
unanimously.
10. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
DESIGNATING AS OPEN SPACE CERTAIN AREAS OF LAND RECENTLY ACQUIRED
BY THE TOWN THROUGH CONDEMNATION OF LAND OWNED BY THE LAKES OF
TROPHY CLUB HOMEOWNERS ASSOCIATION FOR THE PURPOSE OF
DESIGNATING THAT AS OPEN SPACE PARK LAND; AND PROVIDING AN
EFFECTIVE DATE.
Council Member Williams moved to approve. Council Member Matthai seconded; motion carried
unanimously.
11. TOWN COUNCIL TO DISCUSS AND PROVIDE DIRECTION TO STAFF REGARDING
AMENDING THE HEALTH AND SAFETY ORDINANCE TO PROHIBIT SCAVENGING
FROM GARBAGE CANS, TRASH OR RUBBISH WITHIN THE TOWN LIMITS AND
RELATED OFFENSES.
There was a consensus of the council to move forward with the development of an Ordinance.
1.2. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
COUNCIL ALLOCATING $1000 PER YEAR FROM THE CONTINGENCY LINE FOR
RENTAL OF A STORAGE FACILITY TO WAREHOUSE TOWN EVENT SUPPLIES.
Donna Welsh asked to table this agenda item.
13. 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
AN AGREEMENT FOR THE TRANSFER OF STORM SEWER FACILITIES FROM
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 TO THE TOWN OF
TROPHY CLUB; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO
EXECUTE ALL NECESSARY DOCUMENTS.
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AN AGREEMENT FOR THE TRANSFER OF STORM SEWER FACILITIES FROM
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 TO THE TOWN OF
TROPHY CLUB; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO
EXECUTE ALL NECESSARY DOCUMENTS.
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 FOR SEXUAL ASSAULT EXAMINATIONS
WITH THE TARRANT COUNTY HOSPITAL DISTRICT D/B/A ,TPS HEALTH
NETWORK; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON
BEHALF OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE.
Page 5 Regular Session January 5, 2004
D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AN INTERLOCAL COOPERATION AGREEMENT FOR FIRE PROTECTION
SERVICES BY AND BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND
DENTON COUNTY, TEXAS; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE
TO EXECUTE ALL NECESSARY DOCUMENTS.
E. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AN INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICES BY
AND BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND DENTON COUNTY,
TEXAS; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS.
F. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE
SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2004-2005 FISCAL YEAR;
AND PROVIDING AN EFFECTIVE DATE.
G. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE
DRUG INTERVENTION RESOURCE OFFICER PROGRAM FOR THE 2004-2005
FISCAL YEAR; AND PROVIDING AN EFFECTIVE DATE.
H. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
APPROVAL OF THE WORKSHOP/PUBLIC HEARING/REGULAR SESSION
MINUTES DATED DECEMBER 1, 2003.
1. FINANCIALS DATED NOVEMBER 30, 2003.
Council Member Edstrom moved to approve the Consent Agenda. Council Member Spence seconded;
motion carried unanimously.
13. ADJOURN.
Council Member Williams move to adjourn at 8:55 p.m. Mayor Pro Tem Foley seconded; motion carried
unanimously.
THE TOWN COUNCIL MAY CONVENE INTO EXEC1JTIVE SESSIO TO DISCUSS
POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN -M' EETINGS A , LGC 551.071.
ATTES :
Town Secretary, Pwn of Trophy Club
of Trophy Club