Minutes TC 03/07/2000 - Joint SessionMINUTES OF TOWN COUNCIL/
WAYS AND MEANS COMMITTEE WORKSHOP
JOINT PUBLIC HEARING & JOINT PUBLIC SESSION
WITH PLANNING & ZONING COMMISSION/
REGULAR TOWN COUNCIL MEETING/
FOR THE
TOWN OF TROPHY CLUB
MARCH 7, 2000
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in workshop/joint public hearing/joint public
session/regular session on Tuesday, March 7, 2000. The meeting was held within the boundaries of the
Town and was open to the public.
WORKSHOP SESSION
TOWN COUNCIL PRESENT:
Marshall Engelbeck
Mayor
Ben Brewster
Mayor Pro Tem
Susan Edstrom
Council Member
Bill Matthai
Council Member
Scott Smith
Council Member
Barb Tweedie
Council Member
WAYS AND MEANS COMMITTEE MEMBERS PRESENT:
David Neal Chairman
Pete Reincke Committee Member
Neil Twomey Committee Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Town Manager
Diane Cockrell
Town Secretary
Roger Unger
MUD Manager
Jim Buxton
Finance Director
Bill LeGrand
Asst. Public Works Director
Jerri Hill
Administrative Assistant
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Engelbeck called the workshop to order at 5:40 p.m. noting a quorum was present.
TOWN COUNCIL AND THE WAYS AND MEANS COMMITTEE TO HAVE OPEN
DISCUSSION ON CAPITAL PROJECT IMPROVEMENTS AND FINANCING NEEDED.
James Buxton, Finance Director, explained the studies that were made in relation to the projects that
needed to be funded.
David Neal, Chairman, Ways and Means Committee, explained operating expenses.
Discussion was held on the development of a community center.
Page 2 Workshop/Public Hearing/Regular Session March 7, 2000
Mayor Engelbeck recommended that the staff get with bond counsel about what litigation can be done.
Another workshop will be scheduled on March 21, 2000 at 5:30 p.m.
ADJOURN WORKSHOP SESSION:
Mayor Engelbeck adjourned the workshop at 7:20 p.m.
REGULAR SESSION
TOWN COUNCIL PRESENT:
Marshall Engelbeck
Mayor
Ben Brewster
Mayor Pro Tem
Susan Edstrom
Council Member
Bill Matthai
Council Member
Scott Smith
Council Member
Barb Tweedie
Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Town Manager
Diane Cockrell
Town Secretary
Jerri Hill
Administrative Assistant
Roger Unger
MUD Manager (arrived at 8:55 p.m.)
David Miller
Director of Public Safety
Tiffany Haertling
Town Attorney
PLANNING AND ZONING COMMISSIONERS PRESENT:
Mike Hamper
P&Z Chairman
Clayton Reed
Commissioner
Gene Hill
Commissioner
Don Cotton
Commissioner
Roger Williams
Commissioner
Kerin Fleck
P&Z Coordinator
Deanna McKenzie
Town Planner
CALL TO ORDER AND ANNOUNCE A QUORUM:
A. TOWN COUNCIL:
Mayor Engelbeck called the meeting to order at 7:35 p.m., noting a quorum was present.
B. PLANNING AND ZONING COMMISSION:
A quorum was present.
INVOCATION:
Pearl Ford gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
Don Cotton led the pledges.
Page 3 Workshop/Public Hearing/Regular Session March 7, 2000
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:
The following individuals addressed the Council:
Robert Yarborough, 10 Salida
Bob Martin, 3 Brookfield
Tom Ritz, and his sons, Tim and Tony, 3 Cimarron Court
REPORTS FROM COMMITTEES (FIVE MINUTE TIME LIMIT:
A. EDITORIAL REVIEW BOARD — GENE HILL, CHAIRMAN
Gene Hill updated the Council on the activities of the Editorial Review Board.
B. PLANNING & ZONING COMMISSION —MIKE HAMPER, CHAIRMAN
Mike Hamper deferred reporting at this time.
C. ZONING BOARD OF ADJUSTMENTS— PEARL FORD
Pearl Ford, Chairman, reported to the Council on the recent ZBA meeting held on Wednesday, March 1,
2000.
D. INFORMATION SYSTEMSIINFORMATION TECHNOLOGY— BETH ANN GREGORY,
LINNBROWN
Beth Ann Gregory, Co -Chairman, updated the Council. The website is up and running. The committee
has recognized a number of needs for the City in the information system and will be reporting back to the
Council.
E. WAYS AND MEANS COMMITTEE — DAVID NEAL
David Neal, Chairman, encouraged the Council and the community to give their input on the financial
matters of the Town.
TOWN COUNCIL AND PLANNING AND ZONING COMMISSION TO CONVENE INTO A
JOINT PUBLIC HEARING:
Convened into joint public hearing at 7:55 p.m.
JOINT PUBLIC HEARING
TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING
Council Member Mauhai made the motion to open the joint public bearing with Planning and Zoning at
7:55 p.m. Mayor Pro Tem Brewster seconded. Motion passed unanimously.
Page 4 Workshop/Public Hearing/Regular Session March 7, 2000
PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING WITH THE
TOWN COUNCIL:
Commissioner Hill made the motion to open the joint public hearing with Town Council. Commissioner
Williams seconded; motion passed unanimously.
TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE PLANNING
AND ZONING COMMISSION RELATIVE TO THE FOLLOWING:
A. 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.
B. 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; 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.
The joint public hearing was held.
Hayden Miller, 36 Fair Green, addressed the Council.
TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A
DATE CERTAIN:
Council Member Edstrom moved to close the joint public hearing at 8:03 p.m. Mayor Pro Tem Brewster
seconded; motion passed unanimously.
Page 5 Workshop/Public Hearing/Regular Session March 7, 2000
PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING AND/OR
CONTINUE TO A DATE CERTAIN:
Commissioner Reed moved to close the joint public hearing. Commissioner Williams seconded; motion
passed unanimously.
TOWN COUNCIL AND PLANNING AND ZONING COMMISSION TO CONVENE INTO A
JOINT SESSION:
Convened into joint session at 8:03 p.m.
JOINT SESSION AGENDA:
TOWN COUNCIL TO OPEN JOINT SESSION WITH THE PLANNING AND ZONING
COMMISSION:
Council Member Matthai moved to open the joint session with the Planning and Zoning Commission at
8:03 p.m. Council Member Edstrom seconded; motion passed unanimously.
PLANNING AND ZONING COMMISSION TO OPEN JOINT SESSION WITH THE TOWN
COUNCIL:
Commissioner Hill moved to open the joint session with Town Council. Commissioner Reed seconded;
motion passed unanimously.
PLANNING AND ZONING COMMISSION TO MAKE RECOMMENDATION TO THE TOWN
COUNCIL:
TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE PLANNING AND
ZONING COMMISSION AND TAKE APPROPRIATE ACTION REGARDING:
A. 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:
Mr. John Harbin, Vice President, Beck Properties, gave his presentation and answered questions from the
Council.
Commissioner Hill made a motion to continue activity on this proposal at the Planning and Zoning
Commission's next meeting on the W and come back to Council. Commissioner Reed seconded; motion
passed unanimously.
Page 6 Workshop/Public Hearing/Regular Session March 7, 2000
Council Member Smith made the motion to continue to date certain, March 21. Council Member Matthai
seconded; motion passed unanimously.
B. 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; 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:
Mike Hamper explained the changes in the Comprehensive Zoning Ordinance and the need to strengthen
this document. The reason for these changes is it became obvious that our regulations were not as strict as
they needed to be. What Planning and Zoning attempted to do, is to capitalize on the mistakes made in the
past and change the wording so that districts will contain quality that is important to Trophy Club.
Planning and Zoning worked closely with staff with code enforcement. A memorandum was handed out
from the Municipal Planning Resources and should Council desire to adopt this Ordinance, these changes
will need to be incorporated into the Comprehensive Zoning Ordinance.
Council is requesting definitions of stone, brick, stucco, natural environment and masonry.
After further discussion, Commissioner Williams recommended Town Council that they approve the
Ordinance with discussed changes. Commissioner Reed seconded, motion passed unanimously.
Mayor asked for clarification of the motion. Town Attorney stated the following:
"Recommendation to Town Council that they approve the amendment requested in this memo, the
amendments to the stone, brick, stucco, and masonry, the amendment that Mr. Hamper just mentioned
regarding deleting the typographical error in Section 5, Letter G and to add the caliper for the trees. The
Town Planner will go back and work with those and I think what Town Council will do is postpone acting
on it until the planter gets you actual definitions to review."
Council Member Brewster moved to approve the ordinance; Council Member Tweedie seconded. Council
Member Matthai recommended including amendments and asked if it is appropriate to table this to next
meeting. After further discussion, original motion and second was withdrawn.
Council Member Smith moved to continue to date certain, March 21; Council Member Matthai seconded.
Motion passed unanimously.
TOWN COUNCIL TO ADJOURN JOINT PUBLIC SESSION WITH THE PLANNING AND
ZONING COMMISSION.
Council Member Edstrom moved to adjourn the joint public session with Planning and Zoning Commission
at 9:30 p.m. Mayor Pro Tem Brewster seconded; motion passed unanimously.
Page 7 Workshop/Public Hearing/Regular Session March 7, 2000
PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION WITH
TOWN COUNCIL:
Commissioner Williams moved to close the joint public session. Commissioner Cotton seconded; motion
passed unanimously.
Mayor Engelbeck called a five minute break.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION:
Council Member Edstrom moved to reconvene into regular session at 9:35 p.m. Council Member Matthai
seconded; motion passed unanimously.
REGULAR SESSION
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON APPROVAL OF AN
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS
ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD ON MAY 6, 2000, TO
CONSIDER WHETHER TO IMPOSE A ONE-HALF OF ONE PERCENT SALES TAX;
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 CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION;
PROVIDING AN EFFECTIVE DATE:
Donna Welsh, Town Manager, explained this Ordinance. A question was raised regarding designation of
the sales tax. The Town Attorney recommends that the designation of the sales tax not be included in the
ordinance. Town counsel will do research as to whether this can be designated to Parks and Recreation on
the ballot.
Matthai moved to approve the ordinance; Council Member Edstrom seconded. After further discussion,
motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON APPROVAL OF A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS
FINDING THAT THE INTERSECTION OF STATE HIGHWAY 114 BYPASS ROAD AND
STATE HIGHWAY 114 (BUSINESS) IS DESIGNED IN SUCH A MANNER AS TO PRESENT A
CLEAR AND PRESENT DANGER TO THE CITIZENS OF THE TOWN OF TROPHY CLUB;
AND PROVIDING FOR AN EFFECTIVE DATE:
Mayor Engelbeck introduced this resolution. TxDot is going to signalize that intersection. Council
Member Tweedie moved to pass the resolution. Council Member Edstrom seconded; motion passed
unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON WHAT
INFORMATION SHOULD BE POSTED REGARDING ELECTED OFFICIALS ON TROPHY
CLUB'S WEBSITE:
Page 8 Workshop/Public Hearing/Regular Session March 7, 2000
Council Member Edstrom explained this agenda item. Council's input is needed as to how the information
on Council Members is to be placed on the website. After further discussion, the consensus of the council
was to include applicable address, council liaison to boards, committees, etc., applicable e-mail addresses,
term expiration date and to include a photo of each Council Member, if the Council Member so desires to
be placed on the website.
TOWN COUNCIL TO RECEIVE AN UPDATE ON PARKS AND RECREATION AND THE
COMPLETED GRANT SUBMISSION:
Billy Hughes, Chairman, of Parks and Recreation, updated the Council. Mr. Hughes wanted to go on
record to thank the Town Staff for their hard work and assistance in this project. No action taken.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING HOSTING
A LUNCHEON FOR WOMEN IN GOVERNMENT:
Council Member Edstrom explained that Women in Government is a group of women from Denton,
Tarrant and Wise County involved in municipal government. Council Member Matthai moved to approve
the expense of $300 to host the luncheon for Women in Government. Council Member Edstrom seconded;
motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION ON THE APPROVAL OF
THE BUDGET CALENDAR FOR 2000/2001:
Council Member Tweedie moved to approve as presented. Council Member Smith seconded; motion
passed 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.
A. MINUTES OF FEBRUARY 7, 2000 WORKSHOP
B. MINUTES OF FEBRUARY 15, 2000 MEETING
C. FINANCIALS DATED NOVEMBER 1999
D. FINANCIALS DATED DECEMBER, 1999
Council Member Edstrom moved to approved the consent agenda. Council Member Smith seconded;
motion passed unanimously.
REPORTS AND COMMENTS:
A. STAFF
David Miller will contact TxDot regarding the yield sign and the signal lights at the business 114 and the
114 Bypass in Roanok.
Diane Cockrell gave an update on filings for the election.
Page 9 Workshop/Public Hearing/Regular Session March 7, 2000
B. COUNCIL
Mayor announced that three are two vacancies on the Public Works Committee and Information Systems/
Information Technology Committee. There is one vacancy on the Utility Franchise Committee.
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.
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
Town Council convened into Executive Session,
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
EXECUTIVE SESSION.
A. SECTION 551.071: DISCUSSION WITH ATTORNEY RELATIVE TO
PENDING OR CONTEMPLATED LITIGATION.
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
No action taken.
ADJOURN:
Council Member Snmth moved to adjourn at 10:55 p.m. Council Member Edstrom seconded; motion
passed unanimou,:y.
V �
Mayoq'1'own of ophy Club, Texas
ATTEST:
Town Secretary, Town of ff rophy Club, Texas
M07MAR2000