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Minutes TC 11/18/2002MINUTES OF TOWN COUNCIL FORUM AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB NOVEMBER 18, 2002 LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS STATE OF TEXAS COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Forum Session and a Regular Session on Monday, November 18, 2002. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL FORUM — 6:00 P.M. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Beverly Foley Bill Matthai Scott Spence Susan Edstrom TOWN COUNCIL MEMBERS ABSENT: Roger Williams STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Gene Hill Mayor Council Member Council Member Council Member Council Member Mayor Pro Tem Town Manager Town Secretary Chairman, Planning and Zoning CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the forum to order at 6:06 p.m. COMMITTEE MEMBERS TO ANSWER QUESTIONS REGARDING COMMITTEE ACTIVITIES, PROJECTS AND DUTIES. Mayor Smith introduced committee representatives and allowed informal questions. TOWN COUNCIL TO OBSERVE A PRESENTATION ON THE COMMUNITY PARK AND POOL AND MARSHALL CREEK PARK AMENITIES AND DISCUSS SAME. Roger Unger gave an introduction to the Council and residents regarding the Community Park and Pool. Tom Rutledge, Teague, Nall and Perkins introduced the project and the consultants. The site plan was submitted to Planning and Zoning last week. Scheduling is a real concern; the hope is to have the pool open by Memorial Day, 2003. The parking lot has gone out for bid and will be considered by the Council on December 16t`. Roger Unger gave an overview of the 10 -acre park and the completion date is scheduled for December 16`h. Lighting will be available in mid summer. Page 2 Regular Session November 18, 2002 Randy Briggs introduced the Marshall Creek Park project and stated that an interim Ordinance will be presented to the Council tonight. The Trophy Club lease is currently for a six-month period that started on October 1, 2002. ADJOURN FORUM SESSION. Mayor Smith adjourned the forum at 7: 12 p.m. REGULAR SESSION — 7:30 P.M. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Beverly Foley Council Member Bill Matthai Council Member Scott Spence Council Member Susan Edstrom Council Member TOWN COUNCIL MEMBERS ABSENT: Roger Williams STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Bill LeGrand Robert De Los Santos Randy Briggs Gene Hill Steve Poston Mayor Pro Tem Town Manager Town Secretary Finance Director Public Works Director Chief Community Development Manager Chairman, Planning and Zoning Attorney CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Regular Session to order at 7:34 p.m. INVOCATION. Jim Moss gave the invocation. 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." Chief Robert De Los Santos led the pledges. 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. Jim Moss 979 Trophy Club Drive addressed the Council. REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT) PARKS AND RECREATION Billy Hughes gave the Council an update regarding the naming of the 10 -acre park. Page 3 Regular Session November 18, 2002 PLANNING AND ZONING Gene Hill updated the Council regarding a fence wavier and fast track schedule regarding 16 acres. PUBLIC RELATIONS Renata Polino Porter updated the Council regarding coordination to rescheduling the Trophy Club Day, Christmas tree lighting on December 7"', Pictures with Santa, and a decorated home lighting contest. She also reported that there is a contest for residents to wear the Trophy Club t -shirt in a photograph that is the farthest distance from Trophy Club. The photo would need to be made in a location showing a landmark or verification of the location. There was a video shown recapping the July 4't' festivities. PUBLIC WORKS Bill LeGrand updated the Council. The Committee will be going out for Request For Qualifications for Trash service. A recommendation will be made to the Council in March. The "Crud Mobile" will be here on December 7th. This year is the end of the first portion of the street renovation program; the Committee will be revisiting the street program. LOCAL OPTION ELECTIONS Margi Cantrell updated the Council. Focusing on Trophy Club's right to vote in regard to the sale of beer and wine. Greg Last of Southlake met with the Committee. They have established missions, goals, and objectives. They visited financial needs. The Committee has requested a Resolution to go to Senator Jane Nelson to approach the Senate at the same time as State Representative Mary Denny presents her bill to the House. They will approach the EDC B for financial support. They are looking for additional members to help with this effort. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 1999-13, ESTABLISHING SIGN REGULATIONS, AND ADOPTING NEW PROVISIONS FOR SIGN REGULATIONS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING GENERAL STANDARDS RELATING TO THE HEIGHT OF SIGNS, APPLICABLE BUILDING AND ELECTRICAL CODES, ILLUMINATED SIGNS, AND REQUIREMENTS TO REPAIR; PROVIDING FOR TRAFFIC SAFETY; PROVIDING FOR POLITICAL SIGNS; PROVIDING FOR DEVELOPER/BUILDER AND REAL ESTATE SIGNS; ESTABLISHING PROVISIONS FOR ALL AREAS AND ZONING DISTRICTS; PROVIDING FOR COMMERCIAL SIGNS; PROVIDING SIGNAGE CRITERIA; PROVIDING FOR PERMISSIBLE SIGNS NOT REQUIRING PERMITS; PROVIDING PERMIT REQUIREMENTS; PROVIDING FOR TEMPORARY PERMITS; PROVIDING FOR NONCONFORMING USES; PROVIDING FOR MERITORIOUS EXCEPTIONS AND APPEALS; PROVIDING FOR PROHIBITION OF SIGNS NOT SPECIFICALLY AUTHORIZED; PROVIDING GRAFFITI REGULATIONS; 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. The Planning and Zoning Commission has been working on this project for the past 6 months. The new ordinance contains a larger variety of signs than the previous sign ordinances and has been streamlined. Council Member Edstrom moved to approve the ordinance with an amendment to change Section 5 Political Signs; being put up; changed from 15 days back to 7 days prior to election day; Council Member Matthai seconded; motion carried unanimously. Page 4 Regular Session November 18, 2002 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST FOR A WAIVER TO FENCE ORDINANCE 2002-25P&Z, MORE SPECIFICALLY DESCRIBED AS SECTION 3, ENTITLED `FENCES", SUBSECTION "B" ENTITLED "HEIGHT REQUIREMENTS", FOR A PROPERTY LOCATED AT 2 BROOKHOLLOW LANE, LOT 122 OF LAKE FOREST VILLAGE, PHASE THREE. (APPLICANT: STATURE BUILDERS) Andrew Reid of 720 S. Kimball, Southlake addressed the Council. Gene Hill explained that the Commission unanimously approved the wavier. The builder is asking that the side yard fence adjacent to Indian Creek be placed 10 feet from the side of the house, just inside the property line. Most of the houses along Indian Creek Drive have their side yard fence located along the property line. Council Member Edstrom moved to approve the wavier requiring landscaping outside of the fence. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING AND APPROVING CERTAIN RULES AND REGULATIONS GOVERNING THE USE OF MARSHALL CREEK PARK; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING REGULATIONS REGARDING HOURS OPEN TO THE PUBLIC AND SIGNAGE; PROVIDING GENERAL PROHIBITIONS; PROVIDING FOR EXEMPTIONS; ESTABLISHING AN ENABLING PROVISION; PROVIDING FOR THE REGULATION OF VEHICLES, SPEED AND TRAFFIC; REGULATING THE OPERATION OF ALL -TERRAIN VEHICLES; PROVIDING FOR USAGE FEES; PROVIDING FOR A SPECIAL EVENT PERMIT APPLICATION PROCEDURE; PROVIDING REASONS FOR SPECIAL EVENT PERMIT DENIAL; PROVIDING FOR APPEAL OF SPECIAL EVENT PERMIT DENIAL OR CONDITIONAL APPROVAL; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) 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. Roger Unger explained that this interim ordinance includes a fee schedule. The fee schedule in the Ordinance is simply a starting point. The Corp of Engineers will approve any fees charged and any net income must be reinvested in the park. Randy Briggs added that Chapter 36 covers several areas not addressed in the Ordinance and explained that state law mandates guidelines for all terrain vehicles. Robert Schnee of the GLPA, 2701 High Road, Flower Mound and Billy Hughes, 216 Inverness addressed the Council. Randy Briggs recommended that this Ordinance be effective December 15, 2002. Council Member Edstrom moved to approve the Ordinance with the following amendments: 1) Section 2 Definitions — add motorcycle 2) change the definition of Vehicle to Vehicle includes any wheeled device of conveyance, propelled by motor or engine. 3) Section 3. Hours open to public change to: Park Operational Hours Season Days Park Opens Park Closes Summer M -F 6:00 AM 9:00 PM Summer S/S 6:00 AM 9:00 PM Winter M -F 6:00 AM 6:00 PM Winter SIS 6:00 AM 6:00 PM Page 5 Regular Session November 1.8, 2002 Season Days Summer M -F Summer S/S Winter M -F Winter S/S Park ORV/OHV Operational Hours Park Opens From To 6:00 AM 8:00 AM 8:00 PM 6:00 AM 8:00 AM 7:00 PM 6:00 AM 8:00 AM 5:00 PM 6:00 AM 8:00 AM 4:00 PM Park Closes 9:00 PM 9:00 PM 6:00 PM 6:00 PM Winter hours as discussed in workshop 4) Section 9 Usage Fees $5 for each vehicle, $3 for each ATV/motorcycle and add motorcycle to the definitions and 5) a Special Use Permit to be determined by the Council. Council Member Matthai seconded; motion carried 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. UTILIZE COURT TECHNOLOGY FUNDS TO PURCHASE SOFTWARE TO ALLOW COURT TO COMMUNICATE DIRECTLY WITH DENTON SHERIFF'S OFFICE VIA COMPUTER. B. REGULAR SESSION MINUTES DATED NOVEMBER 4 2002. C. FINANCIALS DATED OCTOBER 31 2002 Council Member Spence moved to approve the consent agenda as written. Council Member Edstrom seconded; motion carried unanimously. COUNCIL/STAFF REPORTS. Staff and Council reports given. ADJOURN. Council Member Matthai moved to adjourn at 10:10 p.m. Council Member strom Seco ed �inotion carried unanimously. ,r ` t i yor, Town of tr4hy Club, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas