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Minutes TC 01/05/2004MINUTES OF NOTICE OF FOUNDER'S DAY RECEPTION/ REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB JANUARY 5, 2004 LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS FOUNDER'S DAY RECEPTION - 6:00 P.M. TO 6:45 P.M. TOWN COUNCIL MEMBERS, STAFF AND GUESTS PRESENT Beverly Foley Scott Smith Donna Welsh, Jim Carter Beverly Foley Diane Cockrell Gene Hill Susan Edstrom Roger Unger Jean Carter Bill Matthai Patricia Adams Lynn Hale Scott Spence Randy Briggs Barb Tweedie Linda Mills 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the reception to order at 6:15. 2. TOWN COUNCIL TO WELCOME ELECTED OFFICIALS FROM PAST TOWN COUNCIL AND TOWN OFFICIALS. The Mayor recognized those in attendance and allowed input from each attendee. 3. ADJOURN RECEPTION. Reception adjourned at 6:45 p.m. REGULAR SESSION — 7:00 P.M. STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, January 5, 2004. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Beverly Foley Mayor Pro Tem Susan Edstrom Council Member Bill Matthai Council Member Roger Williams Council Member Scott Spence Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Roger Unger Finance Director Patricia Adams Town Attorney Randy Briggs Community Development Manager/Interim Director of DPS Beth Ann Gregory I/Systems Manager Gene Hill P & Z Chairman 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Regular session to order at 7:02 p.m. noting a quorum was present. Page 2 Regular Session January 5, 2004 2. INVOCATION. Roger Unger gave the invocation 3. 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." Gene Hill led the pledges 4. 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. Bob Monroe of 16 Avalon Drive, Robert Radder of 1 Lee Court and Jan Colatriano of 8 Jennifer Court addressed the Council. 5. COUNCIL/STAFF REPORTS. COUNCIL/STAFF REPORTS: THIS IS AN OPPORTUNITY FOR COUNCIL AND STAFF TO PROVIDE BRIEF UPDATES ON PROJECTS AND TO PROVIDE PUBLIC SERVICE ANNOUNCEMENTS. IT IS NOT A TIME FOR THE EXPRESSION OF OPINIONS, QUESTIONS AND ANSWERS, OR DISCUSSION AMONG STAFF AND COUNCIL. DISCUSSION IS LIMITED TO WHETHER COUNCIL DESIRES TO HAVE A TOPIC PLACED ON A FUTURE AGENDA FOR FUTURE CONSIDERATION. Council and Staff reports were given. 6. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE (1) CITIZEN TO ONE (1) SEAT ON THE ECONOMIC DEVELOPMENT CORPORATION A FOR THE REMAINDER OF THE UNEXPIRED TERM EXPIRING ON JUNE 30,2005; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Foley moved to approve. Council Member Edstrom seconded; motion carried unanimously. 7. TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS, AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST FOR RELIEF FROM LANDSCAPING PLAN REQUIREMENTS, A COMPONENT OF THE LAKEVIEW ELEMENTARY SCHOOL SITE PLAN, A 15.015 ACRE TRACT OF LAND 'ZONED R-12, LOCATED GENERALLY TO THE NORTH OF VILLAGE TRAIL DRIVE, AND WEST OF THE LAKES OF TROPHY CLUB. APPLICANT: NORTHWEST INDEPENDENT SCHOOL DISTRICT; DUNAWAY ASSOCIATES, INC. Gene Hill explained that Lakeview Elementary was built prior to incorporation of the Town; there were no landscaping requirements to comply with at the time of its initial construction. When the school district proposed an addition to Lakeview in 2003, it became necessary for the district to prepare and obtain approval of a Site Plan and to comply with the landscape requirements of the Town's Comprehensive Zoning Ordinance. The CZO landscaping requirements were so onerous on the district that the Town chose to amend the CZO to allow landscaping relief to properties such as the school. The CZO amendment was approved and passed by Council on December 1, 2003. The Planning and Zoning Commission approved the Lakeview School Landscape Plan unanimously on December 18, 2003. Council Member Spence moved to approve. Council Member Williams seconded; motion carried unanimously. 8. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE Page 3 Regular Session January 5, 2004 NO.2002-38 P&Z, 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 2003 session of the State Legislature passed House Bill 212 and Senate 'Bill 656 with some requirements concerning political signs and on -premise signs that the Town must adopt into our Ordinances. The packet drop-in relevant to the Sign Ordinance provides redline pages of the required changes to assist your identification of what is being added and removed. Prior to the Commission meeting on December 4, 2003 the Commission requested that Patricia Adams provide an opinion on the number of political signs allowed to be regulated on a property as well as the duration of display for the signs. Patricia Adams contacted the Texas Municipal League and determined that TML had no opinion on these matters. As a result, the Commission chose to retain the current Sign Ordinance provisions for political signage on residential properties. For non-residential properties, the Commission recommended criteria based on a minimum distance of 25 feet between each sign. The revised ordinance was passed unanimously by the Planning and Zoning Commission at it's December 4, 2003 meeting. Council Member Matthai moved to table until January 19, 2004. Council Member Edstrom seconded, motion carried unanimously. 9. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 2003-14 RELATING TO TRAFFIC AND STREET CONTROL REGULATIONS AND ADOPTING NEW PROVISIONS RELATING TO TRAFFIC AND STREET CONTROL REGULATIONS; PROVIDING DEFINITIONS; PROVIDING FOR A MAXIMUM RATE OF SPEED FOR VEHICLES OF THIRTY (30) MILES PER HOUR WITHIN THE TOWN AND TWENTY (20) MILES PER HOUR WITHIN A CERTAIN DISTANCE OF SCHOOLS AND DURING SPECIFIC HOURS; PROVIDING FOR THE DESIGNATION OF SCHOOL ZONES; PROVIDING FOR THE POSTING OF SPEED LIMIT AND SCHOOL ZONE SIGNS; PROVIDING FOR THE POSTING OF STOP SIGNS; PROVIDING FOR THE POSTING OF STOP LIGHTS; REGULATING THE CONSTRUCTION OF STRUCTURES WHICH MIGHT IMPACT VISIBILITY ON THE ROADWAY; PROVIDING PARKING REGULATIONS; PROHIBITING THE PARKING OF MOTOR VEHICLES ON PUBLIC HIGHWAYS, STREETS AND OTHER RIGHTS-OF-WAY BETWEEN THE HOURS OF 3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING REGULATIONS FOR OVERWEIGHT VEHICLES; PROVIDING FOR PERMITS; PROVIDING FOR WEIGHTS OF LOADS; PROVIDING FOR THE WEIGHING OF LOADED VEHICLES BY POLICE OFFICERS; PROVIDING PROCEDURES FOR THE TRANSPORTATION OF SOLID WASTE; PROVIDING PROCEDURES FOR THE TRANSPORTATION OF READY MIXED CONCRETE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL Page 4 Regular Session January 5, 2004 OTHER ORDINANCES AFFECTING SPEED OF MOTOR VEHICLES, TRAFFIC CONTROL DEVICES, OBSTRUCTION OF VIEW, PARKING, AND OVERWEIGHT VEHICLES EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Foley moved to approve. Council Member Matthai seconded; motion carried unanimously. 10. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DESIGNATING AS OPEN SPACE CERTAIN AREAS OF LAND RECENTLY ACQUIRED BY THE TOWN THROUGH CONDEMNATION OF LAND OWNED BY THE LAKES OF TROPHY CLUB HOMEOWNERS ASSOCIATION FOR THE PURPOSE OF DESIGNATING THAT AS OPEN SPACE PARK LAND; AND PROVIDING AN EFFECTIVE DATE. Council Member Williams moved to approve. Council Member Matthai seconded; motion carried unanimously. 11. TOWN COUNCIL TO DISCUSS AND PROVIDE DIRECTION TO STAFF REGARDING AMENDING THE HEALTH AND SAFETY ORDINANCE TO PROHIBIT SCAVENGING FROM GARBAGE CANS, TRASH OR RUBBISH WITHIN THE TOWN LIMITS AND RELATED OFFENSES. There was a consensus of the council to move forward with the development of an Ordinance. 1.2. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING COUNCIL ALLOCATING $1000 PER YEAR FROM THE CONTINGENCY LINE FOR RENTAL OF A STORAGE FACILITY TO WAREHOUSE TOWN EVENT SUPPLIES. Donna Welsh asked to table this agenda item. 13. 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. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN AGREEMENT FOR THE TRANSFER OF STORM SEWER FACILITIES FROM TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 TO THE TOWN OF TROPHY CLUB; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS. B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN AGREEMENT FOR THE TRANSFER OF STORM SEWER FACILITIES FROM TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 TO THE TOWN OF TROPHY CLUB; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS. C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AN AGREEMENT FOR SEXUAL ASSAULT EXAMINATIONS WITH THE TARRANT COUNTY HOSPITAL DISTRICT D/B/A ,TPS HEALTH NETWORK; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE. Page 5 Regular Session January 5, 2004 D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN INTERLOCAL COOPERATION AGREEMENT FOR FIRE PROTECTION SERVICES BY AND BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND DENTON COUNTY, TEXAS; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS. E. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICES BY AND BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND DENTON COUNTY, TEXAS; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS. F. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2004-2005 FISCAL YEAR; AND PROVIDING AN EFFECTIVE DATE. G. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE DRUG INTERVENTION RESOURCE OFFICER PROGRAM FOR THE 2004-2005 FISCAL YEAR; AND PROVIDING AN EFFECTIVE DATE. H. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF THE WORKSHOP/PUBLIC HEARING/REGULAR SESSION MINUTES DATED DECEMBER 1, 2003. 1. FINANCIALS DATED NOVEMBER 30, 2003. Council Member Edstrom moved to approve the Consent Agenda. Council Member Spence seconded; motion carried unanimously. 13. ADJOURN. Council Member Williams move to adjourn at 8:55 p.m. Mayor Pro Tem Foley seconded; motion carried unanimously. THE TOWN COUNCIL MAY CONVENE INTO EXEC1JTIVE SESSIO TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN -M' EETINGS A , LGC 551.071. ATTES : Town Secretary, Pwn of Trophy Club of Trophy Club