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Minutes TC 03/01/2004MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB MARCH 1, 2004 LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS 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, March 1, 2004. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Beverly Foley Susan Edstrom Bill Matthai Roger Williams Scott Spence STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Patricia Adams Randy Briggs Adam Adams Gene Hill Mayor Mayor Pro Tem Council Member Council Member (arrived 7:05 p.m.) Council Member Council Member Town Manager Town Secretary Finance Director Town Attorney Community Development Director/Interim Director of DPS Parks Administrator Chairman, Planning and Zoning Commission 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. 2. INVOCATION. Council Member 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." Council Member Spence 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. Kathleen Wilson of 34 Meadowbrook Lane 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 Page 2 Regular Session March 1, 2004 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. The Council convened into Executive Session at 7:20 p.m. EXECUTIVE SESSION EXECUTIVE SESSION: PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, SECTION 551.071(2) Consultation with Town Attorney on a matter in which the duty of the attorney to the governmental body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: (A) LEGAL ADVICE RELATIVE TO THE ALCOHOLIC BEVERAGE ORDINANCE TOWN COUNCIL TO CLOSE EXECUTIVE SESSION. The Council closed the Executive Session at 7:25 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. The Council reconvened into regular session at 7:25 p.m. 6. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING. Council convened into Public Hearing at 7:25 p.m. PUBLIC HEARING 7. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING IN REGARD TO AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 3 SECTION 13 ENTITLED "USE TABLE" TO ADD THE FOLLOWING USES FOR BEER & WINE SALES (OFF PREMISE CONSUMPTION ONLY) AND SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY; AND FURTHER BY REPEALING ARTICLE 5, SECTION 34 ENTITLED "SALE OF ALCOHOLIC BEVERAGES" IN ITS ENTIRETY AND ADOPTING NEW PROVISIONS REGULATING THE SALE OF ALCOHOLIC BEVERAGES BY AUTHORIZED BUSINESSES BY PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING CRITERIA FOR PROHIBITED SALES; ESTABLISHING CRITERIA FOR PERMITS; PROVIDING REQUIREMENTS FOR ZONING COMPLIANCE; PRESCRIBING BUSINESS HOURS; ESTABLISHING PROVISIONS FOR SPECIAL USE PERMIT (SUP); PROVIDING CRITERIA AND PROCESSING OF SUP; PRESCRIBING METHODS OF DETERMINING DISTANCE MEASUREMENT; PROVIDING FOR EXCEPTION TO DISTANCE REQUIREMENTS; PROVIDING FOR EXEMPTION FROM SUP PROCESS FOR EXISTING PRIVATE CLUB OPERATIONS; PROHIBITING POSSESSION OR CONSUMPTION IN CERTAIN AREAS; ESTABLISHING MISCELLANEOUS PROVISIONS; 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 SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Gene Hill shared that Planning and Zoning held a Public Hearing on February 19"'. The Commission by majority vote recommends the adoption of the Ordinance amending the Comprehensive Zoning Ordinance. Page 3 Regular Session March 1, 2004 8. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. REGULAR SESSION 9. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 3, SECTION 13. ENTITLED "USE TABLE" TO ADD THE FOLLOWING USES FOR BEER & WINE SALES (OFF PREMISE CONSUMPTION ONLY) AND SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY; AND FURTHER BY REPEALING ARTICLE 5, SECTION 34 ENTITLED "SALE OF ALCOHOLIC BEVERAGES" IN ITS ENTIRETY AND ADOPTING NEW PROVISIONS REGULATING THE SALE OF ALCOHOLIC BEVERAGES BY AUTHORIZED BUSINESSES BY PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING CRITERIA FOR PROHIBITED SALES; ESTABLISHING CRITERIA FOR PERMITS; PROVIDING REQUIREMENTS FOR ZONING COMPLIANCE; PRESCRIBING BUSINESS HOURS; ESTABLISHING PROVISIONS FOR SPECIAL USE PERMIT (SUP); PROVIDING CRITERIA AND PROCESSING OF SUP; PRESCRIBING METHODS OF DETERMINING DISTANCE MEASUREMENT; PROVIDING FOR EXCEPTION TO DISTANCE REQUIREMENTS; PROVIDING FOR EXEMPTION FROM SUP PROCESS FOR EXISTING PRIVATE CLUB OPERATIONS; PROHIBITING POSSESSION OR CONSUMPTION IN CERTAIN AREAS; ESTABLISHING MISCELLANEOUS PROVISIONS; 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 SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Council Member Edstrom moved to approve amending Section K.1. by removing the word "reservation" and adding "including reserved area(s) within any park and removing section "L" adding "reserve for expansion". 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 COMMENDING STATE REPRESENTATIVE MARY DENNY ALONG WITH HER STAFF FOR THEIR TIRELESS EFFORTS OF SERVICE TO THE TOWN OF TROPHY CLUB AND ITS RESIDENTS; AND PROVIDING AN EFFECTIVE DATE. Neil Twomey of 203 Oakmont addressed the Council. Council Member Williams moved to approve. Council Member Edstrom seconded; motion carried unanimously. 11. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS COMMENDING STATE SENATOR JANE NELSON ALONG WITH HER STAFF FOR THEIR TIRELESS EFFORTS OF SERVICE TO THE TOWN OF TROPHY CLUB AND ITS RESIDENTS; AND PROVIDING AN EFFECTIVE DATE. Council Member Williams moved to approve. Council Member Edstrom seconded; motion carried unanimously. 12. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING TRANSFER OF GENERAL FUND SURPLUS TO LONG-TERM CAPITAL PROJECTS FUND. Roger Unger explained that the Texas Parks and Wildlife "grant" in the amount of $475,000 has been received. During the budget process the consensus of the Council was to wait for the grant money to set Page 4 Regular Session March 1, 2004 money aside for long-term street repairs. The Ways and Means Citizen Advisory Group is concerned that the GASB fund should grow and as it does would like to see specific criteria on the fund. Donna Welsh recommended that $100,000 should be set-aside for GASB for long-term street repairs. One of the problems other cities are having is the fact that they have not put money aside for street repairs. Council Member Edstrom moved to set aside $100,000 for general street repair long term maintenance and put together a basic agreement on how those funds would be used and staff would come to Council to utilize those funds. Council Member Matthai seconded; motion carried unanimously. 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 ON THE EXPENDITURE OF $180 FROM THE COURT SECURITY FUND FOR THE REPAIR OF THE VIDEO RECORDING EQUIPMENT. B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ADDITION TO THE PROCUREMENT POLICIES AND PROCEDURES. C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO APPROVE REGULAR SESSION MINUTES DATED FEBRUARY 16, 2004. D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO APPROVE AMENDED MINUTES FROM AUGUST 4, 2003 TOWN COUNCIL MEETING. Council Member Edstrom moved to approve. Council Member Williams seconded; motion carried unanimously. 14. ADJOURN. Council Member Matthai moved to adjourn at 8:08 p.m. Council Member Williams seconded; motion carried unanimously. * THE TOWN COUNCIL MAY CONVENE INTO EXECUTIVE SESSION TO DLS VSS POStED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, LGC 551.071. , To*n of/Trophy Club M Town Secretary, Town of Trophy Club, Texas