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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