Minutes TC 03/15/2004MINUTES OF
PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
MARCH 15, 2004
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
*THERE_ WILL BE A WORKSHOP SESSION WITH THE PARKS AND RECREATION ADVISORY GROUP ON
APRIL 5, 2004
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, March
15, 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
Bill Matthai
Council Member
Roger Williams
Council Member
Scott Spence
Council Member
TOWN COUNCIL MEMBERS ABSENT:
Susan Edstrom 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
Gene Hill
P&Z Chairman
Beth Ann Gregory
I/S Manager
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.
Trophy Club Police. Department Chaplain Roger Reach 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."
Council Member Roger Williams 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
Page 2 Regular Session March 15, 2004
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.
5. MAYOR TO PRESENT TROPHY CLUB POLICE DEPARTMENT LIFESAVING AWARD
TO TWO TROPHY CLUB DPS OFFICERS.
Mayor Smith presented the Trophy Club Police Department Lifesaving Award to Officer Mike
Conklin and Corporal Wes Tyler. Acting Chief Randy Briggs informed the Council and others in
attendance that on February 7, 2004 without regard for their own personal safety officers Conklin and
Tyler successfully and safely interrupted a suicide in progress and demonstrated their courage and
dedication to duty and compassion for those they serve and genuine concern for the safety and
welfare for the citizens of Trophy Club.
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 updates were given.
7. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING.
Town Council convened into public hearing at 7:18 p.m.
PUBLIC HEARING
8. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING AN ORDINANCE
OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2002-29
P&Z, THE SAME BEING AN ORDINANCE REPEALING ORDINANCE NO 2002-17 P&Z,
THE SAME BEING AN ORDINANCE AMENDING ORDINANCE NO. 2000-06 P&Z OF'
THE TOWN THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND
ADOPTING NEW PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 23, KNOWN AS
TROPHY CLUB MEDICAL PLAZA, A CERTAIN TRACT OF LAND DESCRIBED AS A
7.842 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE
HIGHWAY 114, EAST OF PD NO. 7, THE PLANTATION APARTMENTS, AND SOUTH OF
HERITAGE COURT SOUTH; PROVIDING FOR THE INCORPORATION OF PREMISES;
ADOPTING NEW PROVISIONS TO AMEND EXHIBIT B, "DEVELOPMENT/SITE PLAN",
BY CHANGING THE PERIMETER SCREENING ELEMENT ALONG THE NORTH
PROPERTY LINE• BY ADOPTING NEW PROVISIONS TO AMEND EXHIBIT C,
"DEVELOPMENT STANDARDS", BY CHANGING PARAGRAPH (i) OF SECTION (1)
ENTITLED "SCREENING STANDARDS", TO PROVIDE NEW STANDARDS FOR A
LIVING LANDSCAPE SCREEN LOCATED ALONG THE PERIMETER OF THE NORTH
PROPERTY LINE• AND FURTHER AMENDING EXHIBIT C BY CHANGING
PARAGRAPH (i) OF SECTION (p) ENTITLED "HOURS OF OPERATION" TO PROVIDE
HOURS OF OPERATION TO BE 24 -HOURS A DAY; BY AMENDING EXHIBIT F,
"LANDSCAPE PLAN & PLANT LIST", BY REPLACING F-1 AND F-3 WITH A REVISED
F -I AND F-3, AND BY ADDING F-6 AND F-7, FURTHER DETAILING THE LIVING
SCREENING ELEMENT ALONG THE NORTH PROPERTY LINE; BY AMENDING
EXHIBIT J TO CHANGE THE TITLE OF EXHIBIT J FROM "RETAINING WALL &
FENCE CRITERIA" TO "RETAINING WALL CRITERIA", AND BY REPEALING PAGE,
Page 3 Regular Session March 15, 2004
J-1 ENTITLED "FENCE CRITERIA" IN ITS ENTIRETY; PROVIDING FOR AN
AMENDMENT TO THE OFFICIAL ZONING MAP OF THE TOWN; PROVIDING THAT
SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; 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.
Gene Hill informed the Council and attendees that the current screening criteria calls for a decorative
masonry and wood fence with masonry posts at eight -foot intervals. However, in order to maintain
access to existing underground utilities, and with an existing retaining wall nearby, the applicant is
asking to amend the current PD requirements to allow installation of a living landscape screen
consisting of mature holly trees at approximate four foot centers. The living landscape screen would
enable ease of access to existing utilities with a minimal impact to the site.
The second recommended amendment to the PD pertains to the hours of operation for phase 1. The
current hours of operation are from Sam to Spm. The request is being made in order to incorporate a
ground floor tenant that will operate as support for the Phase II Hospital, which is currently approved
per PD -23 for 24 hours of operation. The tenant will handle minor emergencies in a relocated
treatment area rather than admitting them to the hospital. This is an amenity to the entire facility and
will not create any additional site traffic or noise as it is a use that is currently approved for the site.
Due to the fact that phase II is allowed 24-hour operation, this request will not add a use beyond that
which is already approved.
Planning and Zoning unanimously recommends the amendments including acceptance of the proposal
for additional landscaping. (Holly at and around the northeast corner of the PD to match that, which is
already proposed to the west. This would extend a little south of the northeast property corner of the
PD and then from the northeast property corner all the way west.)
Bill Collins, Allison Teague and John Garrison of the Cirrus Group presented a visual description of
the request.
9. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION.
Town Council reconvened into regular session at 7:30 p.m.
REGULAR SESSION
10. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING AN ORDINANCE
OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2002-29
P&Z, THE SAME BEING AN ORDINANCE REPEALING ORDINANCE NO 2002-17 P&Z,
THE SAME BEING AN ORDINANCE AMENDING ORDINANCE NO. 2000-06 P&Z OF
THE TOWN THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND
ADOPTING NEW PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 23, KNOWN AS
TROPHY CLUB MEDICAI. PLAZA, A CERTAIN TRACT OF LAND DESCRIBED AS A
7.842 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE
HIGHWAY 114, EAST OF PD NO. 7, THE PLANTATION APARTMENTS, AND SOUTH OF
HERITAGE COURT SOUTH; PROVIDING FOR THE INCORPORATION OF PREMISES;
ADOPTING NEW PROVISIONS TO AMEND EXHIBIT B, "DEVELOPMENT/SITE PLAN",
BY CHANGING THE PERIMETER SCREENING ELEMENT ALONG THE NORTH
PROPERTY LINE; BY ADOPTING NEW PROVISIONS TO AMEND EXHIBIT C,
Page 4 Regular Session March 15, 2004
"DEVELOPMENT STANDARDS", BY CHANGING PARAGRAPH (i) OF SECTION (1)
ENTITLED "SCREENING STANDARDS", TO PROVIDE NEW STANDARDS FOR A
LIVING LANDSCAPE SCREEN LOCATED ALONG THE PERIMETER OF THE NORTH
PROPERTY LINE• AND FURTHER AMENDING EXHIBIT C BY CHANGING
PARAGRAPH (i) OF SECTION (p) ENTITLED "HOURS OF OPERATION", TO PROVIDE
HOURS OF OPERATION TO BE 24 -HOURS A DAY; BY AMENDING EXHIBIT F,
"LANDSCAPE PLAN & PLANT LIST", BY REPLACING F-1 AND F-3 WITH A REVISED
F -I AND F-3, AND BY ADDING F-6 AND F-7, FURTHER DETAILING THE LIVING
SCREENING ELEMENT ALONG THE NORTH PROPERTY LINE; BY AMENDING
EXHIBIT T TO CHANGE THE TITLE OF EXHIBIT J FROM "RETAINING WALL &
FENCE CRITERIA" TO "RETAINING WALL CRITERIA", AND BY REPEALING PAGE
J-1 ENTITLED "FENCE CRITERIA" IN ITS ENTIRETY; PROVIDING FOR AN
AMENDMENT TO THE OFFICIAL ZONING MAP OF THE TOWN; PROVIDING THAT
SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER
APPLICABLE ORDINANCES OF THE TOWN; 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.
Council Member Matthai moved to approve. Council Member Williams seconded; motion carried
unanimously.
11. TOWN COUNCIL TO OBSERVE A PRESENTATION BY THE HOME RULE CHARTER
TASK FORCE AND TO DISCUSS SAME.
Don West stated that the presentation by the group is an analysis of a Home Rule Charter. The
recommendation of the task force is:
A charter task force should be appointed from those willing to serve. Do not take the approach
used last time of electing the members.
Keep the task force to a manageable size of 5 to 7 members recommended plus staff support.
Select up to 3 charters already in use by municipalities in Texas as "boilerplate", and a point of
departure for the task force.
The council should identify and agree upon a process and any limitations for obtaining
community input on areas of the proposed charter.
The Council should define criteria for the task force to measure both progress and completion of
its task.
12. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
FINDINGS OF THE HOME RULE TASK FORCE.
Bill Rose of 219 Inverness, Jim Moss of 979 Trophy Club Drive and Nick Sanders of 1 Michelle
Court addressed the Council.
Patricia Adams informed the Council that a Charter Commission can be appointed or elected.
Council Member Williams moved to set aside a workshop to continue discussion. Mayor Pro Tem
Foley seconded; motion carried unanimously. (This workshop is scheduled for April 19`x')
13. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
REQUEST FOR A TEMPORARY USE COMMUNITY GARAGE SALE GRANTED BY
SPECIAL PRIVILEGE.
Gene Hili informed the Council this was unanimously approve by P&Z on February 19, 2004.
Page 5 Regular Session March 15, 004
Council Member Matthai moved to approve. Council Member Williams seconded; motion
carried unanimously.
14. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE
NO. 2003-13, ADOPTING A SCHEDULE OF FEES FOR THE TOWN, IN ITS ENTIRETY;
AND PROVIDING FOR THE ADOPTION OF A NEW SCHEDULE OF FEES BY
INCORPORATION OF EXHIBIT "A", AND ALL SCHEDULES THERETO; PROVIDING
FOR AN INCORPORATION OF PREMISES/PURPOSE CLAUSE; PROVIDING FOR
BUILDING PERMIT FEES, INSPECTION FEES, OTHER PERMIT ISSUANCE FEES,
PLUMBING, ELECTRICAL AND MECHANICAL FEES, AND PROVIDING FOR PERMIT
ISSUANCE AND OTHER RELATED COMMUNITY DEVELOPMENT DEPARTMENT
FEES; PLANNING AND ZONING FEES FOR SERVICES, MAPS, MEETINGS, ZONING
CHANGE REQUESTS, STAFF REVIEW, PLATTING, SUBDIVIDER AGREEMENTS,
AMENDMENTS, UPDATES, ALCOHOLIC BEVERAGE SALE FEES, AND OTHER
ZONING RELATED FEES; ZONING BOARD OF ADJUSTMENT FEES; ANIMAL
CONTROL FEES; FIRE/EMS DEPARTMENT FEES; FIRE PLAN REVIEW FEES; FIRE
DIVISION FEES; MUNICIPAL COURT FEES; POLICE DEPARTMENT FEES;
COMMUNITY POOL FEES; ADMINISTRATIVE FEES TO INCLUDE FEES FOR PAPER,
ELECTRONIC, AUDIO, VIDEO, OVERSIZED PAPER, MYLAR, BLUEPRINT, OTHER
RELATED REPRODUCTIONS, AND RELATED PERSONNEL AND RESOURCE FEES;
PROVIDING RELATED TEXAS ADMINISTRATIVE CODE GUIDELINES; PARKS AND
RECREATION FEES; ; PROVIDING APPLICABILITY/CONFLICT; PROVIDING A
WAIVER; PROVIDING FOR AMENDMENTS HERETO; PROVIDING A CUMULATIVE
REPEALER; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING
FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND
PROVIDING AN EFFECTIVE DATE.
Council Member Williams moved to approve with the amendment on EMS Billing inserting
the word "invasive" (see page 12 last line of text should read: Fee is charged only if invasive
Advanced Life Support procedures were initiated. Also adding Marshall Creek "pass" fees as
presented by staff to read: Annual Pass (For entry fee and boat launch only) $75.00 per year
for non-residents of Trophy Club; $50.00 per year for residents and other categories of users
as approved by Town Council. In the event that there is a conflict between the fee charged in
this Schedule of Fees Ordinance and any other Ordinance, the amount specified in this fee
Ordinance shall control the fees charged for Marshall Creek Park.
The annual pass is valid from January 1 to December 31 of the year in which it is issued
regardless of the month in which the pass is actually purchased. The annual pass shall be
displayed at all times on the vehicle for which it was issued in accordance with the applicable
instructions for attachment.
Council Member Matthai seconded; motion carried unanimously.
15. TOWN COUNCIL TO VIEW A PRESENTATION OF TROPHY CLUB'S NEW ONLINE
CITIZEN RELATIONSHIP MANAGEMENT APPLICATION, WHICH WILL ENABLE
RESIDENTS TO RECEIVE INFORMATION AND MAKE REQUESTS FOR MUNICIPAL
SERVICE ONLINE VIA THE WEBSITE AND TO DISCUSS SAME..
Beth Ann Gregory shared the uses and convenience of the Citizen Relationship Management program
to offer additional service to the residents. The software will allow tracking and accountability of staff
when issues are reported either by residents via the internet or by residents calling the Town offices
and a staff person will log the issue.
Page 6 Regular Session March 15, 2004
16. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO AWARD THE
RECOMMENDED BID FOR APPROVAL OF ELECTRONIC MARQUES FOR
ENTRANCES TO THE TOWN OF TROPHY CLUB.
Randy Briggs shared that only one bid was received and it was a much larger that anticipated. Staff
recommended rejection of the bid. Council Member Matthai moved to reject the bid. Council
Member Williams seconded; motion carried unanimously.
17. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AUTHORIZING STAFF TO PROCEED TO BID ON THE ELECTRONIC MARQUE
AFTER CHANGING SPECIFICATIONS AS DIRECTED BY COUNCIL.
Randy Briggs requested that the Council allow staff to gather quotes and keep the amount to be spent
less than $25,000.
18. TOWN COUNCIL TO DISCUSS AND PLAN GOALS AND OBJECTIVES WORK SESSION
IN APRIL.
Beverly Foley shared that the information provided to the Council is a guideline for the Council to set
goals and objectives to work hand in hand with staff for the future in a three year strategic plan. There
will be a workshop on April 5`h regarding this topic.
19. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO AWARD THE
CONTRACT FOR TOWN PLANNER CONSULTING SERVICES BY AND BETWEEN THE
TOWN OF TROPHY CLUB, TEXAS AND MITCHELL PLANNING GROUP, L.L.C.; AND
AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY
CONTRACT DOCUMENTS.
Unger explained that Town representatives interviewed the Mitchell Planning Group last
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week. Gene Hill added that the Group is compatible with our Town and are available to serve
Town needs and are offering their service for an acceptable fee. Council Member Mattlial moved to
approve. Council Member Spence seconded; motion carried unanimously.
20. 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.
Mayor Smith remove agenda item A. Motorcycle Safety Proclamation from the consent agenda for
discussion.
A. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
PROCLAMATION DECLARING MAY 2004 AS MOTORCYCLE SAFETY AND
AWARENESS MONTH
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
PROCLAMATION ESTABLISHING APRIL 2004 AS SEXUAL ASSAULT AWARENESS
MONTH
G TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
APPROVAL OF FINANCIALS DATED FEBRUARY 29, 2004.
D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
APPROVAL OF THE REGULAR SESSION MINUTES DATED MARCH 1, 2004.
Council Member Williams moved to approve Consent Agenda items B.C. and D. Council Member
Matthal seconded; motion carried unanimously.
Council Member Williams moved to approve Consent Agenda item A. Motorcycle Safety
Proclamation. Council Member Spence seconded; motion carried unanimously.
Page 7 Regular Session March 15, 2004
Mayor Smith presented the Motorcycle Safety Proclamation to a representative from the
21. ADJOURN.
Council Member Spence moved to adjourn at 9:23 p.rn. Mayor Pro Tem Foley seconded; motion
carried unanimously.
THE TOWN COUNCIL MAY CONVENE INTO EXECUTIVE SE .ION TO DISCUSS POSTED ITEMS AS
ALLOWED BY THE TEXAS OPEN MEE'T'INGS ACT, LGC 551.07 .
, Town of Trophy Club
ATTES
Town Secretary, T n of Trophy Club, Texas