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Minutes TC 05/07/2001MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB MAY 7, 2001 STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas met in Regular Session and Public Hearing on Monday, May 7, 2001. The meeting was held within the boundaries of the Town and was open to the public. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Marshall Engelbeck Susan Edstrom Barry Huizenga Bill Matthai Scott Smith Barb Tweedie STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Jim Buxton Bill LeGrand David Miller Patricia Adams Kerin Fleck Gene Hill Roger Williams Scott Spence Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member arrived at 7:32 p.m. Town Manager Town Secretary Finance Director Director of Public Works Director of DPS Town Attorney Planning and Zoning Coordinator Planning and Zoning Chairman Council Member Elect Council Member Elect CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the Regular Meeting to order at 7:30 p.m., noting a quorum was present. INVOCATION: John Carter gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Nestor Karlis led the pledges. Mayor Engelbeck welcomed Roger Williams and Scott Spence and announced that Scott Smith, the Mayor - Elect and the new Council Members will be sworn in on May 21". 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: There were no presentations. Page 2 PUBLIC HEARING AND REGULAR SESSION May 7, 2001 TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING Council Member Matthai made a motion to convene into the Public Hearing at 7:33 p.m. Mayor Pro Tem Edstrom seconded; motion carried unanimously. PUBLIC IIEAR/NG TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO THE FOLLOWING TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 95-20 OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #13 EXHIBIT C DEVELOPMENT STANDARDS BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING PD PLANNED DEVELOPMENT #13 TO ADD SECTION A (5) ENTITLED "TRACT I SIGNS", REGULATING SIGNS LOCATED WITHIN TRACT ONE AS FOLLOWS: PROVIDING REGULATIONS FOR MONUMENT SIGNS, BANNERS AND TEMPORARY SIGNS, SIGNS DISPLAYED IN WINDOWS, WALL SIGNS, INTERNAL LIGHTING, RACEWAY REQUIREMENTS, INTERNAL ILLUMINATED SIGNS AND TEMPORARY LEASING SIGNS; PROVIDING FOR AN APPEAL OF THESE REGULATIONS; AND AMENDING SECTION B (16) ENTITLED "SIGNS'; 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 GENERAL PROVISIONS; PROVIDING A SAVINGS 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 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Commissioner Gene Hill explained that in 1995 Planned Development 413 was the first commercial development to be built in the Town. The signage requirements are so strict that the signs are not visible; the indirect lighting prohibits exposure to the businesses. This amendment would only affect the two buildings in Tract 41. The Planning and Zoning Commission recommend this unanimously. Mr. Berger explained that with the shopping center facing SH 114 and with the high-speed traffic there is a need for this change. The signage would not be needed, if this were on a street in Trophy Club. Council Member Smith asked if there were any other options for advertising along SH 114 as to attract the travelers before the center. The only other option is monument signs. The Planning and Zoning Commission came up with the sign dimensions for the signs with the help of Mr. Berger. TOWN COUNCIL TO CLOSE PUBLIC HEARING. Council Member Tweedie moved to close the Public Hearing at 7:43 p.m. Mayor Pro Tent Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Council Member Smith made a motion to reconvene into Regular Session at 7:43 p.m. Council Member Matthai seconded; motion carried unanimously. REGULAR SESSION TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 95-20 OF THE TOWN THE SAME BEING PD PLANNED DEVELOPMENT #13, EXHIBIT C DEVELOPMENT STANDARDS, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING PD PLANNED DEVELOPMENT #13 TO Page 3 PUBLIC HEARING AND REGULAR SESSION May 7, 2001 ADD SECTION A (5) ENTITLED "TRACT 1 SIGNS", REGULATING SIGNS LOCATED WITHIN TRACT ONE AS FOLLOWS: PROVIDING REGULATIONS FOR MONUMENT SIGNS, BANNERS AND TEMPORARY SIGNS, SIGNS DISPLAYED IN WINDOWS, WALL SIGNS, INTERNAL LIGHTING, RACEWAY REQUIREMENTS, INTERNAL ILLUMINATED SIGNS AND TEMPORARY LEASING SIGNS; PROVIDING FOR AN APPEAL OF THESE REGULATIONS; AND AMENDING SECTION B (16) ENTITLED "SIGNS'; 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 GENERAL PROVISIONS; PROVIDING A SAVINGS 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 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Edstrom made a motion to approve the Ordinance as written. Council Member Tweedie seconded; motion carried unanimously. REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT). A. ECONOMIC DEVELOPMENT CORPORATION —JAMES HICKS B. PUBLIC RELATIONS COMMITTEE— JODI ASHBY, CHAIRMAN C. PUBLIC WORKS COMMITTEE— NESTOR KARLIS, CHAIRMAN D. PARKS & RECREATION COMMITTEE— BILLY HUGHES, CHAIRMAN E. UTILITY FRANCHISE COMMITTEE— RICHARD HOBDAY, CHAIRMAN ECONOMIC DEVELOPMENT CORPORATION — JAMES HICKS Council Member Smith reported that there has not been a meeting since the last report. The EDC is soliciting requests for funding projects that promote economic development. PUBLIC RELATIONS COMMITTEE — JODI ASHBY, CHAIRMAN Carol Brown reported that the Arbor Day Celebration took place last Friday, April 27"i. She also gave an update on the upcoming July 4" Celebration's planning and relayed that Team Trophy Club days are in the planning stages. PUBLIC WORKS COMMITTEE — NESTOR KARLIS, CHAIRMAN Nestor Karlis reported on the recent recycling survey. One hundred and thirty residents responded and approximately 80% of the responses were positive, 67% responded in favor of hazardous waste disposal. UTILITY FRANCHISE COMMITTEE — RICHARD HOBDAY, CHAIRMAN Council Member Matthai reported that the Committee is crafting a document renewing the contract with Charter Cable Company. The Committee is also planning on presenting the Right -Of -Way Ordinance to the Council on May 21". PARKS & RECREATION COMMITTEE — BILLY HUGHES, CHAIRMAN Council Member Tweedie reported that the Committee met with Hoover & Klein regarding the repositioning of the ball fields at the park. Hoover & Klein will submit new drawings. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING ADOPTION OF THE TOWN OF TROPHY CLUB BUDGET AND PLANNING CALENDAR. Mayor Pro Tem Edstrom made a motion to adopt the Trophy Club Budget and Planning Calendar as written. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATING TO ESTABLISHING A NEW CAPITALIZATION POLICY FOR THE TOWN TO INCLUDE AN EFFECTIVE DATE RETRO TO OCTOBER 1, 2000. Page 4 PUBLIC HEARING AND REGULAR SESSION May 7, 2001 Jim Buxton explained that the recommendation for the State of Texas and several other state and federal organizations including GFOAT was to establish $5,000 as the capitalization rate. We would be raising our limit from $1,000 to $5,000. Mayor Pro Tem Edstrom made a motion to establish the new capitalization rate of $5,000 to be effective retroactively to October 1, 2000. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO HEAR A PRESENTATION BY JIM BUXTON FINANCE DIRECTOR ON UPDATES TO GASB 34 AND GASB 33. This agenda item has been tabled. 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. REGULAR SESSION MINUTES DATED APRIL 16, 2001 B. FINANCIALS DATED MARCH 31, 2001 Council Member Huizenga removed the Financials Dated March 31, 2001 from the Consent Agenda, for discussion. Mayor Pro Tem Edstrom made a motion to approve the Regular Session Minutes dated April 16, 2001 as written. Council Member Huizenga seconded; motion carried unanimously. Discussion ensued regarding the Financials. Council Member Huizenga asked if going down the lines of items is there anything unusual? Jim Buxton reported that sales tax funds are down. Mayor Engelbeck asked residents to support the businesses on SH 114. Council Member Huizenga made a motion to approve the Financials dated March 31, 2001 as written. Mayor Pro Tem Edstrom seconded; motion carried unanimously. REPORTS AND COMMENTS A. STAFF Donna Welsh reported that she will be going to Austin on the 17" for an Economic Development Finance class. Next week she will be meeting with Trent Petty from Westlake, Billy Campbell from Southlake and Lyle Dresher from Keller to discuss the Precinct Line and 1938 interchange. Staff will be going to EDC for a permanent sign for the east entrance. The first look at the DPS budget was last week and they will be looking at it again on the 21". Paul Rosenberger will be meeting with Medlin to discuss joint services with the school and the Town. Diane Cockrell reminded the Council that the Special Meeting to canvass the election will be Tuesday, May 8°i at 8:00 a.m. Bill LeGrand will be meeting with the engineers this week to walk Summit Cove and Trophy Club Drive to do the final design. Will also be finishing up the design on the extension for Trophy Club Drive and start bids in June or July. The attorney is reviewing the Crack and Seal contract. Negotiations are continuing with the CIA for the pool construction. David Miller announced to the Council that a code enforcement officer, Boyd Raburn, has been hired. Jim Buxton reported that he will be attending the Economic Development Finance class in Austin with Donna Welsh on May 17". Page 5 PUBLIC HEARING AND REGULAR SESSION May 7, 2001 B. COUNCIL MEMBERS Council Member Smith asked if the code enforcement officer's salary was being split between Trophy Club and Westlake, if it would be appropriate for an EDC director to attend the upcoming Austin Class and about securing Medlin with the joint usage of the library. Mayor Pro Tem Edstrom asked Bill LeGrand to please see about getting the light guards and landscaping completed before the grand opening and tying up loose ends at the Lakes. Council Member Huizenga asked about GASB 33 and Randal & Blakes progress on the road repairs. Council Member Matthai reported a problem at Beck Intermediate regarding no stripping on the street for cross walks. We have finally gotten and agreement to have those in by July 31". Planning to bring a proposal to the Council on the 21" regarding increasing communication between the Council members and the residents. Tom Thumb will provide a table for weekends for communication purposes for Council members to man. Donna Welsh wanted to add that the RTCW job fair was well attended by the Trophy Club residents. Mayor Engelbeck announced that HB 3400 passed out of committee last week to allow Trophy Club to vote for wine only. The Court of Record is going well. He spoke to Mayor Stacey regarding the east entrance and will be meeting with Mr. Baker of Sabre to continue to keep Kirkwood open. ADJOURN Mayor Pro Tem Edstrom made a motion to adjourn at 8:30 p.m. Council Member Matthai seconded; motion carried unanimously. Mayor, Town of Trophy Club, Texas ATTEST: — Z641 -z, Town Secretary, Town t Trophy Club, T Las