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