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Minutes TC 03/21/2000 - Joint SessionMINUTES OF TOWN COUNCIL/ WAYS AND MEANS COMMITTEE WORKSHOP/ REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB MARCH 21, 2000 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in workshop/regular session on Tucsday, March 21, 2000. The meeting was held within the boundaries of the Town and was open to the public. WORKSHOP SESSION TOWN COUNCIL MEMBERS PRESENT: Marshall Engclbcck Mayor Susan Edstrom Council Member Bill Matthai Council Member Scott Smith Council Member Barb Twcedic Council Member TOWN COUNCIL MEMBERS ABSENT: Ben Brewster Mayor Pro Tem WAYS AND MEANS COMMITTEE MEMBERS PRESENT: David Neal Pete Reinke Neil Twomey Richard Hobday STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Jim Buxton Cathy Morgas Jeni Hill David Miller Billy Hughes Chinaman (arrived at 7:00 p. in.) Committee Member Committee Member Committee Member Town Manager Town Secretary MUD Manager Finance Director Planning Director Administrative Assistant Director of Department of Public Safety Parks and Recreation Committee WORKSHOP SESSION CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Engelbeck called the workshop to order at 6:32 p.m., noting a quorum was present. Page 2 Workshop/Regular Session March 21, 2000 TOWN COUNCIL AND THE WAYS AND MEANS COMMITTEE TO HAVE OPEN DISCUSSION ON CAPITAL PROJECT IMPROVEMENTS AND FINANCING NEEDED. Jim Buxton, Finance Director, presented the information. During discussion on the loop road, Mayor Engelbeck stated for the record some people have said the loop road with only two lanes is dangerous. Look at it again, no driveways will go out on the loop road. The argument was that people would be backing out on to this two lane road. Driveways are all opposite from the road. After further discussion, no action taken. ADJOURN WORKSHOP SESSION: Mayor Engelbeck adjourned the workshop at 7:37 p.m. REGULAR SESSION TOWN COUNCIL PRESENT: Marshall Engelbeck Mayor Susan Edstrom Council Member Bill Matthai Council Member Scott Smith Council Member Barb Tweedie Council Member TOWN COUNCIL MEMBERS ABSENT: Ben Brewster Mayor Pro Tem STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Roger Unger MUD Manager Cathy Morgas Planning Director Jim Buxton Finance Director David Miller Director of Public Safety Jerri Hill Administrative Assistant Tiffany Haertling Town Attorney CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the regular meeting to order at 7:42 p.m. noting a quorum was present. INVOCATION: David Miller gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS: Richard Hobday led the pledges. Page 3 Workshop/Regular Session March 21, 2000 TOWN COUNCIL TO HEAR PRESENTATION FROM KEITH SOCKWELL, SUPERINTENDENT NORTHWEST INDEPENDENT SCHOOL DISTRICT: Keith Sockwell, Superintendent, Northwest Independent School District gave a presentation and explained what a Chapter 41 School District is. TOWN COUNCIL TO HEAR PRESENTATION FROM COMMISSIONER JIM CARTER: Commissioner Jim Carter gave a presentation to the Council on the five points of his mission. He also explained that the county precinct lines are changing and Trophy Club will be affected. 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 PRESENTATION MADE TO THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATION ON SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS: None at this time. REPORTS FROM COMMITTEES (FIVE MINUTE TIME LIMIT). A. ECONOMIC DEVELOPMENT CORPORATION—DAVID GARLITZ, PRESIDENT Chairman was not present; no report given. B. PUBLIC RELATIONS COMMITTEE —PAMIRWIN, CHAIRMAN Pam Irwin gave an update on the bricks purchases, the Volunteer Appreciation Dinner, 0 of July Celebration, and the budget for next year. C. PUBLIC WORKS COMMITTEE — NESTOR KARLIS, CHAIRMAN Nestor Karlis gave an update to the Council on an applicant for the Public Works Committee. He also made the Council aware of household hazardous materials and the possible collection. A budget workshop has been scheduled to prepare the Public Works Budget for the year. D. PARKS & RECREATION — BILLY HUGHES, CHAIRMAN Billy Hughes reported to the Council of activities that are being planned for the Town. E. UTILITY FRANCHISE COMMITTEE — RICHARD HOBDAY, CHAIRMAN Richard Hobday updated the Council on the Cable survey. Forty-one people have responded to be part of the focus groups. Page 4 Workshop/Regular Session March 21, 2000 TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 98-29 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 74.956 ACRE TRACT OF LAND FROM ITS CURRENT ZONING TO PD PLANNED DEVELOPMENT #22 FOR SINGLE FAMILY RESIDENTIAL; 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 THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT #22 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE: Don Himes, 57 Meadowbrook, addressed the Council Mike Hamper, P&Z Chairman, addressed the matter of the agenda item. Mr. Hamper informed the Council that the Planning and Zoning Commission will have a regular meeting instead of a workshop on April 6°i to discuss this item. Planning and Zoning will then bring their recommendations back to the Council. Council Member Edstrom moved to remove this item from the agenda; Council Member Matthai seconded. The motion passed unanimously. TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCES 94-09, 96-16, 97-10, AND 98-29P&Z, AND REPLACING THEM BY ADOPTING THE UPDATED COMPREHENSIVE ZONING ORDINANCE AS PREPARED AND SUBMITTED BY MUNICIPAL PLANNING RESOURCES GROUP, INC.; DECLARING THE 2000 PRINTING OF THE COMPREHENSIVE ZONING ORDINANCE TO BE THE OFFICIAL COMPREHENSIVE ZONING ORDINANCE; CORRECTING AND ADOPTING THE OFFICIAL ZONING MAP; PROVIDING FOR AMENDMENTS TO GENERAL DEFINITIONS, COMMERCIAL GENERAL DISTRICT, COMMERCIAL RECREATION DISTRICT REGULATIONS, PROFESSIONAL OFFICE DISTRICT, ACCESSORY STRUCTURES, REQUIRED YARDS, PROJECTIONS INTO REQUIRED YARDS, NONCONFORMING USES AND STRUCTURES, TREE PRESERVATION, LANDSCAPING REGULATIONS, ADMINISTRATION AND ENFORCEMENT, AND PUBLIC HEARINGS; DELETING THE VESTED RIGHTS PROVISION; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE: Billy Hughes, 216 Inverness, addressed the Council Mike Hamper stated that P&Z is requesting that this agenda item be referred to a later date so Planning and Zoning can study the definitions presented. Council Member Tweedie made the motion to turn back over to Planning and Zoning; Council Member Matthai seconded. Tiffany Haertling, Town Attorney, recommended sending it back to Planning and Zoning with direction. Council Member Tweedie moved to amend her motion to approve the Comprehensive Zoning Ordinance as presented excluding the definitions of brick, stone, stucco and masonry. Council Member Matthai seconded; motion passed unanimously. Page 5 Workshop/Regular Session March 21, 2000 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE REQUEST FOR A WAIVER TO FENCE ORDINANCE NO. 1999-01, AT 1042 WILSHIRE DRIVE, SECTION 5, LOT 426: Mike Hamper reported that Planning and Zoning recommended that the waiver be granted and this particular request was site specific and each waiver request will have to stand on its own merit. Council Member Matthai requested that it go on record that neighbors on the west side have no problem with the height of the fence. Council Member Matthai moved to approve the waiver. Council Member Edstrom seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE GRANTING OF A SPECIAL PRIVILEGE USE PERMIT TO THE TROPHY CLUB WOMEN'S CLUB ALLOWING FOR A COMMUNITY GARAGE SALE ON SATURDAY, APRIL 29, 2000, WITH AN ALTERNATE "RAIN DAY" ON SUNDAY, APRIL 30, 2000; AND SATURDAY, SEPTEMBER 30, 2000 WITH AN ALTERNATE "RAIN DAY" ON SUNDAY, OCTOBER 1, 2000: Ann Duffy, with the Trophy Club Women's Club, spoke on this item Mike Hamper requested that Women's Club coordinate with the Police Department and the Planning and Zoning Commission recommends that this request be approved. Chief Miller states that the Police Department has no problem with this request. Council Member Smith moved to approve the special privilege use permit as requested. Council Member Edstrom seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 2000-05 AND ORDERING AND CALLING AN ELECTION TO BE HELD ON MAY 6, 2000, TO CONSIDER WHETHER TO IMPOSE A ONE-HALF OF ONE PERCENT SALES AND USE TAX FOR ECONOMIC DEVELOPMENT; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCTION OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE: Tiffany Haertling, Town Attorney, explained that in order to enact additional sales tax we must create an EDC 4-A - specific sales tax for specific goals — for Parks and Recreation. This tax money cannot be managed by the current EDC 4-B. Council Member Edstrom made the motion to approve the Ordinance; Council Member Matthai seconded. After further discussion, motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS CALLING A PUBLIC HEARING FOR APRIL 18, 2000, FOR THE PURPOSE OF RECEIVING PUBLIC INPUT ON THE QUESTION OF WHETHER THE VOTERS OF THE TOWN SHOULD ADOPT AN INCREASE IN THE SALES AND USE TAX OF ONE HALF OF ONE PERCENT FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPENDED BUSINESS ENTERPRISES; AND PROVIDING FOR AN EFFECTIVE DATE: Page 6 Workshop/Regular Session March 21, 2000 Council Member Smith moved to approve the resolution. Council Member Matthai seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A TEMPORARY SIGN "BANNER" REQUEST BY TEXAS NATIONAL BANK: Cathy Morgas introduced Patti Daniel and Doug Worell from Texas National Bank, and explained the reasoning for the banner. Council Member Smith moved to approve the request. Council Member Edstrom seconded; motion passed unanimously. TOWN COUNCIL TO RECEIVE ESTIMATES TO UPGRADE BALL FIELDS AT PAT MCCOMBS FIELDS AND TAKE APPROPRIATE ACTION: Donna Welsh, Town Manger, reviewed this item and stated that this item can be included in the budget. No additional funds will be requested. No action taken. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON APPROVAL ON THE EXPENDITURE OF $2,800 FOR TOWN PROMOTIONAL ADVERTISING IN THE NEWCOMER'S GUIDE IN THE FORT WORTH STAR TELEGRAM: Donna Welsh explained this item. Council Member Edstrom moved to approve with funds to come out of the contingency fund. Council Member Tweedie seconded; motion passed unanimously. REPORTS AND COMMENTS: A. STAFF David Miller will be posting notices to the residents regarding race day. Jim Buxton has met with every committee regarding budgets. Tiffany Haertling reported on a seminar on June 2 that the Attorney firm is hosting and Council is invited. B. COUNCIL Council Member Tweedie commended Nestor Karlis on his report. Council Member Edstrom was concerned about two areas that were becoming problems within the Town. One dealt with illegal dumping at the end of Durango and the second dealt with an abandoned truck at the end of Skyline. Council Member Matthai asked Chief Miller what current status of signs with Roanoke at the bypass. No update at this time. Council took a break at 10:10 p.m. EXECUTIVE SESSION: PURSUANT TO THE TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, SECTIONS 551.071 TO 551.075 A. SECTION 551.071: DISCUSSION WITH ATTORNEY RELATIVE TO PENDING OR CONTEMPLATED LITIGATION. Page 7 Workshop/Regular Session March 21, 2000 CLOSING OF KIRKWOOD BOULEVARD BY CITY OF SOUTHLAKE 2. CAUSE NO. 99-10759-16 JANICE LOWRY-BROWN VS. JEFFREY ANDREW DICKSON AND THE CITY OF TROPHY CLUB CAUSE NO. 99-40938-362 TIM GALLAGHER VS. THE TOWN OF TROPHY CLUB Adjourned into Executive Session at 10:17 p.m. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING EXECUTIVE SESSION. A. SECTION 551.071: DISCUSSION WITH ATTORNEY RELATIVE TO PENDING OR CONTEMPLATED LITIGATION. 1. CLOSING OF KIRKWOOD BOULEVARD BY CITY OF SOUTHLAKE 2. CAUSE NO. 99-10759-16 JANICE LOWRY-BROWN VS. JEFFREY ANDREW DICKSON AND THE CITY OF TROPHY CLUB 3. CAUSE NO. 99-40938-362 TIM GALLAGHER VS. THE TOWN OF TROPHY CLUB Reconvened into regular Session at 10:50 p.m. No action taken. ADJOURN: Council Member Smith moved to adjourn at 10:51 p.m. Council Member Edstrom seconded; motion passed unanimously. Mayor, Town of Trophy Club, Texas A1" I EST: Town Secr ry, To;�of Trophy Club, Texas