Minutes TC 05/17/2004 - Joint SessionMINUTES OF JOINT PUBLIC HEARING/JOINT SESSION/
PUBLIC HEARING/REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
MAY 17, 2004
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
7:00 P.M. *REGULAR SESSION
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, May
17, 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
Patricia Adams
Town Attorney
Randy Briggs
Community Development Administrator/Interim Director of DPS
Adam Adams
Parks Administrator
Kerin Fleck
P&Z Coordinator
Gene Hill
Planning & Zoning Chair
James Stephens
Planning & Zoning Commissioner
Dennis Sheridan
Planning & Zoning Commissioner
John Rodgers
Planning & Zoning Commissioner
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.
Randy Briggs 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:'
Roger Williams led the pledges.
4. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS ESTABLISHING MAY 29, 2004 AS WORLD WAR It
Page 2 Joint Public Hearing/Joint Session/Regular Session May 17, 2004
VETERANS MEMORIAL AND REMEMBRANCE DAY TO REMEMBER AND
HONOR THOSE VETERANS WHO SERVED SO COURAGEOUSLY AND
VALIANTLY.
Mayor Pro Tem Foley moved to approve. Council Member Matthai seconded; motion
carried unanimously.
Mayor Smith presented the proclamation to Ron Moranville.
5. PLANNING & ZONING COMMISSION CALL TO ORDER AND ANNOUNCE A
{QUORUM.
Gene Hill called the Planning and Zoning Commission to order at 7:09 p.m.
TOWN COUNCIL TO CONVENE INTO A JOINT PUBLIC HEARING WITH THE
PLANNING & ZONING COMMISSION
JOINT PUBLIC HEARING
6. PLANNING & ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING
WITH THE TOWN COUNCIL.
Commissioner Sheridan moved to open the Joint Public Hearing. Commissioner Stephens
seconded; motion carried unanimously.
7. TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING &
ZONING COMMISSION.
Council Member Edstrom moved to open the Joint Public Hearing. Council Member Matthai
seconded; motion carried unanimously.
8. TOWN COUNCIL AND PLANNING & ZONING COMMISSION TO CONDUCT A
JOINT PUBLIC HEARING RELATIVE TO THE FOLLOWING:
A. AN APPLICATION FROM RANDALL'S FOOD MARKETS, INC., FOR A
SPECIFIC USE PERMIT TO ALLOW BEER AND WINE SALES FOR OFF —
PREMISE CONSUMPTION ONLY AT TOM THUMB STORE # 1789, ON
PROPERTY LOCATED AT 101 TROPHY LAKE DRIVE, IN PD PLANNED
DEVELOPMENT ZONING DISTRICT NO. 21, KNOWN AS THE TROPHY
CLUB PLAZA.
Patrick Key and Jerry Paddack of Tom Thumb were available for questions.
9. PLANNING & ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING
AND/OR CONTINUE TO A DATE CERTAIN.
Commissioner Stephens moved to close the Joint Public Hearing. Commissioner Sheridan
seconded; motion carried unanimously.
10. TOWN COUNCIL TO CLOSE JOINT PUBLIC HEARING AND/OR CONTINUE TO
A DATE CERTAIN.
Council Member Edstrom moved to close the Joint Public Hearing. Council Member Matthai
seconded; motion carried unanimously.
JOINT SESSION
11. PLANNING & ZONING COMMISSION TO OPEN A JOINT SESSION WITH THE
TOWN COUNCIL.
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12. PLANNING & ZONING COMMISSION TO DISCUSS AND TAKE APPROPRIATE
ACTION REGARDING A RECOMMENDATION TO THE TOWN COUNCIL
RELATIVE TO THE FOLLOWING:
A. AN APPLICATION FROM RANDALL'S FOOD MARKETS, INC., FOR A
SPECIFIC USE PERMIT TO ALLOW BEER AND WINE SALES FOR OFF —
PREMISE CONSUMPTION ONLY AT TOM THUMB STORE # 1789, ON
PROPERTY LOCATED AT 141 TROPHY LADE DRIVE, IN PD PLANNED
DEVELOPMENT ZONING DISTRICT NO. 21, KNOWN AS THE TROPHY
CLUB PLAZA. (SUP -04-004)
Commissioner Sheridan moved to recommend approval to Town Council. Commissioner
Rodgers seconded; motion carried unanimously.
13. PLANNING & ZONING COMMISSION TO ADJOURN JOINT SESSION WITH
THE TOWN COUNCIL.
Commissioner Stephens moved to adjourn the Planning & Zoning Commission at 7:16 p.m.
Commissioner Sheridan seconded; motion carried unanimously.
END OF JOINT SESSION WITH THE PLANNING & ZONING COMMISSION
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
Town Council reconvened into Regular Session at 7:16 p.m.
*REGULAR SESSION
14. TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE
PLANNING & ZONING COMMISSION AND TAKE APPROPRIATE ACTION
RELATIVE TO THE FOLLOWING:
A. AN APPLICATION FROM RANDALL'S FOOD MARKETS, INC., FOR A
SPECIFIC USE PERMIT TO ALLOW BEER AND WINE SALES FOR OFF —
PREMISE CONSUMPTION ONLY AT TOM THUMB STORE # 1759, ON
PROPERTY LOCATED AT 101 TROPHY LADE DRIVE, IN PD PLANNED
DEVELOPMENT ZONING DISTRICT NO. 21, KNOWN AS THE TROPHY
CLUB PLAZA.
Council Member Williams moved to approve. Council Member Matthai seconded; motion
carried unanimously.
15. CITIZEN PRESENTATIONS: THIS IS AN OPPORTUNITY FOR CITIZENS TO
ADDRESS THE COUNCIL ON ANY MAT'T'ER 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.
Barry Huizenga of 120 Greenhill Trail South addressed the Council.
16. COUNCIL/STAFF REPORTS: THIS IS AN OPPORTUNITY FOR COUNCIL AND
STAFF TO PROVIDE BRIEF UPDATES ON PROJECTS AND TO PROVIDE
Page 4 Joint Public Hearing/Joint Session/Regular Session May 17, 2004
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.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
Town Council moved into a Public Hearing at 7:31 p.m.
PUBLIC HEARING
17. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING AN
APPLICATION FROM MARCUS WOOD, AUTHORIZED AGENT ON BEHALF OF
7 -ELEVEN BEVERAGE COMPANY, INC. FOR A SPECIFIC USE PERMIT TO
ALLOW BEER AND WINE SALES FOR OFF- PREMISE CONSUMPTION ONLY
AT 7 -ELEVEN CONVENIENCE STORE # 32921, ON PROPERTY LOCATED AT
2101 EAST STATE HIGHWAY 114, IN PD PLANNED DEVELOPMENT ZONING
DISTRICT NO. 13, KNOWN AS THE VILLAGE AT TROPHY CLUB.
There were no speakers. Marcus Wood representing 7 -)eleven was available for questions.
1.8. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 2002-26 P&Z THE SAME BEING AN ORDINANCE AMENDING
ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE
COMPREHENSIVE ZONING ORDINANCE, AND ADOPTING NEW PROVISIONS
FOR PD PLANNED DEVELOPMENT NO. 24, KNOWN AS LAKE CITIES CHURCH
OF CHRIST, A CERTAIN TRACT OF LAND DESCRIBED AS A 4.2821 ACRE
TRACT OF LAND LOCATED GENERALLY TO THE EAST OF GLEN EAGLES
COURT, TO THE SOUTH OF INDIAN CREEK DRIVE AND TO THE WEST OF PD
NO. 7, THE PLANTATION APARTMENTS; PROVIDING FOR THE
INCORPORATION OF PREMISES; ADOPTING NEW PROVISIONS TO AMEND
EXHIBIT C. "DEVELOPMENT STANDARDS", BY CHANGING PARAGRAPH (v)
OF SECTION (g) ENTITLED "LANDSCAPING", TO PROVIDE NEW STANDARDS
FOR LANDSCAPING SCREENING ALONG THE WEST PARKING LOT, NORTH
NORTHWEST AND WEST NORTHWEST CORNERS OF THE BUILDING AND
THE SOUTHEAST PERIMETER PROPERTY LINE; AND BY AMENDING
EXHIBIT F. "LANDSCAPE PLAN/PLANT LIST", BY REPLACING F1 WITH A
REVISED F1 ENTITLED "Fl AMENDED", BY CHANGING THE PERIMETER
SCREENING ELEMENT ALONG THE WEST PROPERTY LINE AND BEING
FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND
INCORPORATED HEREIN; 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 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
Page 5 Joint Public Hearing/Joint Session/Regular Session May 17, 2004
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
Kerin Fleck stated that Lake Cities Church has requested an amendment to their PD
ordinance, specific to their landscaping plan. The plan that was approved with the PD placed
the landscape buffer along the west property line in the creek -bed. In an effort to provide a
dense screening buffer between the Lake Forest Village residents and the church, Lake Cities
has proposed to install approximately 59 East Palatka Holly along the west parking lot line.
These fast growing evergreen shrubs will be a minimum of C' at the time of planting.
Several trees that were previously approved in the creek -bed location will be moved to
various other locations on the property. The Commission unanimously approved this
amendment at their 15 April 2004 meeting.
19. TOWN COUNCIL TO CLOSE PUBLIC HEARING AND/OR CONTINUE TO A
DATE CERTAIN.
Mayor Smith closed the Public Hearing at 7:34 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
REGULAR SESSION
20.. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING AN APPLICATION FROM MARCUS WOOD, AUTHORIZED
AGENT ON BEHALF OF 7 -ELEVEN BEVERAGE COMPANY, INC. FOR A
SPECIFIC USE PERMIT TO ALLOW BEER AND WINE SALES FOR OFF -
PREMISE CONSUMPTION ONLY AT 7 -ELEVEN CONVENIENCE STORE # 32921,
ON PROPERTY LOCATED AT 2101 EAST STATE HIGHWAY 114, IN PD
PLANNED DEVELOPMENT ZONING DISTRICT NO. 13, KNOWN AS THE
VILLAGE AT TROPHY CLUB.
Council Member Edstrom moved to approve. Council Member Spence seconded. Motion
carried unanimously.
21. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2002-26 P&Z, THE SAME BEING AN ORDINANCE
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING
THE COMPREHENSIVE ZONING ORDINANCE, AND ADOPTING NEW
PROVISIONS FOR PD PLANNED DEVELOPMENT NO. 24, KNOWN AS LAKE
CITIES CHURCH OF CHRIST, A CERTAIN TRACT OF LAND DESCRIBED AS A
4.2821 ACRE TRACT OF LAND LOCATED GENERALLY TO THE EAST OF
GLEN EAGLES COURT, TO THE SOUTH OF INDIAN CREEK DRIVE AND TO
THE WEST OF PD NO. 7, THE PLANTATION APARTMENTS; PROVIDING FOR
THE INCORPORATION OF PREMISES; ADOPTING NEW PROVISIONS TO
AMEND EXHIBIT C "DEVELOPMENT STANDARDS", BY CHANGING
PARAGRAPH (v) OF SECTION (g) ENTITLED "LANDSCAPING", 'TO PROVIDE
NEW STANDARDS FOR LANDSCAPING SCREENING ALONG THE WEST
PARKING LOT, NORTH NORTHWEST AND WEST NORTHWEST CORNERS OF
THE BUILDING AND THE SOUTHEAST PERIMETER PROPERTY LINE; AND
BY AMENDING EXHIBIT F, "LANDSCAPE PLANIPLANT LIST", BY REPLACING
F1 WITH A REVISED F1 ENTITLED "F1 AMENDED", BY CHANGING THE
Page 6 Joint Public Hearing/Joint Session/Regular Session May 17, 2004
PERIMETER SCREENING ELEMENT ALONG THE WEST PROPERTY LINE
AND BEING FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED HERETO
AND INCORPORATED HEREIN; 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 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.
Mayor Pro Tem Foley moved to approve. Council Member Matthai seconded. Motion carried
unanimously.
22. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
IMPOSING A FEE FOR THE USE OF THE TOWN'S COMMUNITY SWIMMING
POOL FOR NON-RESIDENTINON-GUEST USERS; PROVIDING FOR THE
INCORPORATION OF PREMISES/PURPOSE; PROVIDING FOR DEFINITIONS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN
EFFECTIVE DATE.
Adam Adams explained that this is a revenue generator and will assist with the decrease in
EDC's funding of the pool beginning in 2005. The additional revenue for this year is needed
to both diminish operational costs to the Town and to gain valuable information for next
year's operational budget. The charge will be: small children (2 years old and younger) are
free, children over 3 years of age and over will pay $3.00 and all other non-resident/non-
guests will pay $5.00. Family Season Passes are available. for $150.00.
The Town has a policy allowing 2 guests per resident with the third guest paying a $5,00
admission fee.
Council Member Edstrom moved to approve. Council Member Spence seconded. Motion
carried unanimously.
23. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPOINTIGNG ONE (1) CITIZEN TO ONE (1) SEAT ON
THE PLANNING AND ZONING COMMISSION FOR THE REMAINDER OF THE
UNEXPIRED TERM EXPIRING ON JUNE 30, 2004; AND PROVIDING AN
EFFECTIVE DATE.
Council Member Williams moved to approve. Council Member Edstrom seconded. Motion
carried unanimously.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE ,SESSION
Town Council convened into Executive Session at 8:49 p.m.
Page 7 Joint Public Hearing/Joint Session/Regular Session May 17, 2004
EXECUTIVE SESSION
24. PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER
551, SECTIONS 551.074(a) "PERSONNEL MATTERS" AND 551.071 (a) & (b)
"CONSULTATION WITH ATTORNEY", RESPECTIVELY, THE COUNCIL WILL
ENTER INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING:
A. PERSONNEL MATTERS (§551.074[al):
(1) Employment of a Director of Public Safety
B. CONSULTATION WITH ATTORNEY ON PENDING OR CONTEMPLATED
LITIGATION OR ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY
TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY
RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS
CLEARLY CONFLICTS WITH THE OPEN MEETINGS ACT (§551.071 [a] &
[b]):
(1) Joslyn v. Trophy Club Municipal Utility District No. 2 and Town of Trophy Club
(2) Perfection Homes Inc., and Mark Carr v. Town of Trophy Club
(3) Town of Trophy Club, Texas v. Town of Westlake, Texas
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
Town Council reconvened into Regular Session at 8:25 p.m. allowing video equipment to resume.
REGULAR SESSION
25. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING EXECUTIVE SESSION ITEMS (AGENDA ITEM NO. 24).
There was no Council action taken. Donna Welsh announced that the new Director of police and
Fire Services is Randall Briggs.
26. ADJOURN.
Mayor Pro Tem Foley moved to adjourn at 8:28 p.m. Council Member Williams seconded;
motion carried unanimously.
THE TOWN COUNCIL MAY CONVENE IN'T`O EXECUTIVE SESSION TO DISCUSS
POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, LGC
551.071.
A S
Tow -Secretary, town of Trophy Club