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Minutes TC 04/07/1998MINUTES OF TOWN COUNCIL WORKSHOP/ JOINT PUBLIC HEARING/ TOWN COUNCIL & PLANNING & ZONING COMMISSION/ REGULAR TOWN COUNCIL MEETING TOWN OF TROPHY CLUB April 7, 1998 THE STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas met in a workshop, joint public hearing (with the Planning & Zoning Commission) and regular Town Council meeting on Tuesday, April 7, 1998. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Marshall Engelbeck Edwin "Ed" Decker Susan H. McCabe Kevin Carr STAFF AND GUESTS PRESENT: Donna Welsh Karen Sadri Bill LeGrand Greg Guilluame John Hill Cathy Morgas Roger Unger CALL TO ORDER: WORKSHOP SESSION Mayor Mayor Pro Tem Council Member Council Member Council Member Town Manager Town Secretary Director of Public Works Senior Accountant Town Attorney P&Z Administrator Municipal Utility District Manager Mayor Carter called the workshop session to order at 6:05 p.m., noting a quorum was present. DISCUSSION OF REGULAR AGENDA ITEMS: Donna Welsh, Town Manager, noted the changes to the Sexually Oriented Business Ordinance. Page 2 Workshop Session April 7, 1998 Agenda Items discussed: 11c: THE ISSUE OF GARAGE SALES. 1 Id: TOWN COUNCIL TO DIRECT THE PLANNING & ZONING COMMISSION TO CONSIDER MODIFYING THE ZONING ORDINANCE REGARDING GARAGE SALES WITHIN THE TOWN OF TROPHY CLUB, TEXAS, TO INCLUDE DESIGNATED TIMES. 17: A. REJECTING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF AN 11.598 ACRE TRACT OF LAND AS DESCRIBED BY METES AND BOUNDS HEREIN, WHICH TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING AN EFFECTIVE DATE. B. ACCEPTING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF AN 11.598 ACRE TRACT OF LAND AS DESCRIBED BY METES AND BOUNDS HEREIN, WHICH TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING AN EFFECTIVE DATE. 18: TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, GRANTING A PETITION TO ANNEX CERTAIN LAND (166 ACRES AS DESCRIBED HEREIN) INTO THE TOWN FILED BY JOHN HARBIN, BECK PROPERTIES INC. AND SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF THAT LAND BY THE TOWN OF TROPHY CLUB, TEXAS; AUTHORIZING THE TOWN SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; PROVIDING AN EFFECTIVE DATE. 19: TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION APPROVING CONTINUED LEGISLATIVE SUPPORT FOR INCREASED TRANSPORTATION FUNDING FOR TEXAS IN THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 (ISTEA) REAUTHORIZATION PROCESS. 20: TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE REBIDDING OF MEDIAN LANDSCAPING AND PARK MAINTENANCE. (COUNCIL MEMBER CARR) 21: TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING DEVELOPER IMPACT FEES. (MAYOR PRO TEM ENGELBECK) 22: TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE THREE (3) ESTIMATES FOR JOGGING/BIKE LANES ON TROPHY CLUB AND INDIAN CREEK DRIVES. (COUNCIL MEMBER CARR) Page 3 WORKSHOP SESSION April 7, 1998 23: TOWN COUNCIL TO CONSIDER A WAIVER TO FENCE ORDINANCE 95-16 WITH AMENDMENTS 97-06 & 97-27 AT THE REQUEST OF: A. Sharon Bradshaw 3 Roaring Creek Ct. 24: TOWN COUNCIL TO DISCUSS AN INTEGRATED COMPUTER SYSTEM. (Presentation by Lou Opipare, from March 3, 1998 meeting) 25: TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE PARKING LOT OWNED BY MAGUIRE PARTNERS, ON T. W. KING ROAD. The workshop session adjourned at 6:59 p.m. JOINT PUBLIC HEARING CALL TO ORDER AND ANNOUNCE A QUORUM: A. TOWN COUNCIL: Mayor Carter called the Town Council to order and announced a quorum was present at 7:07 p.m. B. PLANNING & ZONING COMMISSION: Mike Hamper, Chairman of the Planning and Zoning Commission called the Commission to order and announced a quorum was present at 7:09 p.m. COUNCIL MEMBERS PRESENT: Jim Carter Marshall Engelbeck Edwin "Ed" Decker Susan H. McCabe Kevin Carr Mayor Mayor Pro Tem Council Member Council Member Council Member PLANNING AND ZONING COMMISSIONERS PRESENT: Mike Hamper Rick Gilliland Clayton Reed David Schaaf Gene Hill Donald Cotton STAFF AND GUESTS PRESENT: Donna Welsh Karen Sadri Bill LeGrand Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Town Manager Town Secretary Director of Public Works Page 4 JOINT PUBLIC HEARING April 7, 1998 STAFF AND GUESTS PRESENT: (cont.) Greg Guilluame John Hill Cathy Morgas Roger Unger Roger Williams INVOCATION: John Hill, Town Attorney, gave the invocation. Senior Accountant Town Attorney P&Z Administrator Municipal Utility District Manager Candidate, 1 year Council position PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: The Pledge of Allegiance to the American and Texas Flags was led by Ed Decker, Council Member. JOINT PUBLIC HEARING TOWN COUNCIL TO ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS INSTRUCTING AND DIRECTING THE TOWN STAFF TO TAKE ALL NECESSARY LEGAL STEPS TO CALL A JOINT PUBLIC HEARING OF THE TOWN PLANNING AND ZONING COMMISSION AND TOWN COUNCIL FOR THE PURPOSE OF CONSIDERING AN ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES; PROVIDING AN EFFECTIVE DATE: Mayor Pro Tem Engelbeck moved to adopt the Ordinance to call a joint public hearing of the Town Council and the Planning and Zoning Commission. Council Member Carr seconded; motion passed unanimously. PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING WITH TOWN COUNCIL: Commissioner Hill moved to open the joint public hearing with the Town Council. Commissioner Cotton seconded; motion passed unanimously. Chairman Hamper explained that Roger Williams could no longer serve on the Planning and Zoning Commission since lie filed for the one year Council position; but requested that in the event Mr. Williams does not win the position in the election, he be able to return to his seat on the Commission. TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION: Mayor Tem Engelbeck moved to open the joint public hearing with the Planning & Zoning Commission. Council Member Carr seconded; motion passed unanimously. Page 5 JOINT PUBLIC HEARING April 7, 1998 TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING: A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING REGULATIONS RELATING TO SEXUALLY ORIENTED BUSINESSES; PROVIDING DEFINITIONS; PROVIDING THAT A LICENSE MUST BE OBTAINED PRIOR TO THE OPERATION OF A SEXUALLY ORIENTED BUSINESS, STANDARDS FOR THE ISSUANCE OF A LICENSE, AND STANDARDS FOR THE EXPIRATION SUSPENSION, AND REVOCATION OF A LICENSE; PROVIDING FOR AN APPEAL FOR THE DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE; PROVIDING STANDARDS RELATING TO THE LOCATION OF SEXUALLY ORIENTED BUSINESSES AND EXEMPTIONS THEREFROM; PROHIBITING THE DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS; PROVIDING FOR ENFORCEMENT; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY 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 AN EFFECTIVE DATE. Commission Chairman Hamper addressed the Council and public. Mr. Hamper stated that the Town would be better off to recognize the need now for this type of ordinance. The type of businesses addressed in the ordinance are incompatible with high value and quality of living this community has. This is a strongly well -worded ordinance that has been tested in other areas. Mr. Hamper also went on to explain the reason why the Chief of Police is used is because that is the proper department to have involved considering the Department of Public Safety inspects, licenses and enforces (in limited locations). Council Member Decker commented that he agreed with the enforcement by the Chief of Police, However, he would like to see the permitting follow the normal process. Attorney John Hill stated that this is a nationwide style of ordinance, and studies and research were used to create this ordinance. PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN: At 7:27 p.m. Commissioner Hill moved to close the joint public hearing. Commissioner Reed seconded; motion passed unanimously. TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN: At 7:27 p.m. Council Member Decker moved to close the joint public hearing. Mayor Pro Tem Engelbeck seconded; motion passed unanimously. TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO RECONVENE INTO A JOINT PUBLIC SESSION: The Town Council and Planning and Zoning Commission reconvened into joint session at 7:27 p.m. Page 6 JOINT PUBLIC SESSION APRIL 7, 1998 JOINT SESSION TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE P&Z AND TAKE APPROPRIATE ACTION REGARDING: A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING REGULATIONS RELATING TO SEXUALLY ORIENTED BUSINESSES; PROVIDING DEFINITIONS; PROVIDING THAT A LICENSE MUST BE OBTAINED PRIOR TO THE OPERATION OF A SEXUALLY ORIENTED BUSINESS, STANDARDS FOR THE ISSUANCE OF A LICENSE, AND STANDARDS FOR THE EXPIRATION SUSPENSION, AND REVOCATION OF A LICENSE; PROVIDING FOR AN APPEAL FOR THE DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE; PROVIDING STANDARDS RELATING TO THE LOCATION OF SEXUALLY ORIENTED BUSINESSES AND EXEMPTIONS THEREFROM; PROHIBITING THE DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS; PROVIDING FOR ENFORCEMENT; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY 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 AN EFFECTIVE DATE. Having discussed the ordinance extensively including revisions and wording corrections, Commissioner Hill moved that the Planning and Zoning Commission recommend to the Town Council to adopt the Sexually Oriented Businesses Ordinance with the discussed revisions. Town Council asked that Neighborhood Services be added to Page I 1 section 13 (where appropriate) and to identify the permitting function of the Planning and Zoning Commission. Commissioner Hill amended his motion to include the Council recommendation. Commissioner Reed seconded; motion passed unanimously. Council Member Decker moved to accept the recommendation of the Planning and Zoning Commission to adopt the Sexually Oriented Businesses ordinance with the discussed revisions and amendments (to include Neighborhood Services and the pennitting function of the P&Z). Mayor Pro Tem Engelbeck seconded; motion passed unanimously. B. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING THE APPROVAL OF THE FINAL PLAT FOR THE "LAKES OF TROPHY CLUB" SUBDIVISION PHASE 2 (11 LOTS/I COMMON AREA): Dick Keffner, Engineer, Carter & Burgess Inc., explained the plat revisions. Commission Chairman Hamper recommended to the Council to approve the final plat for the "Lakes of Trophy Club" subdivision, Phase 2. The Planning and Zoning Commission have already approved it. Following discussion, Council Member McCabe moved to approve the final plat for the "Lakes of Trophy Club" subdivision, Phase 2. Council Member Carr seconded; motion passed unanimously. Page 7 JOINT PUBLIC SESSION April 7, 1998 DISCUSSION REGARDING THE ISSUE OF GARAGE SALES: Commission Chainnan Hamper addressed the Council. The Planning and Zoning Commission feels the issue is not with garage sales but with the violation of the Zoning Ordinance. The P&Z has made a request to the Town Council that the current permit issued to the Trophy Club Womens Club be rescinded and not permit the garage sale until such time the Town's legal counsel may provide a legal opinion about permitting garage sales in residential neighborhoods for anybody whether private or not for profit. He feels very strongly that the Ordinances should be upheld. The issuance of a temporary use permit will not solve the problem. In section 33 (temporary use permits) it does not allow for any use in a residential area, and neither the P&Z Administrator nor the Town Council can issue that permit in a residential district. In researching the Deed Restrictions, the P&Z found they do not specifically address this issue but they do address to the use of residential property and the prohibition of any kind of nuisance or obnoxious activity. Mr. Hamper once again stated that the Comprehensive Zoning Ordinance clearly states that garage sales are prohibited. It was ascertained the earliest date, within the time frame, to get the ordinance changed would be 15 days and that would put the public hearing on the morning of April 25, 1998. In answer to the question what happens if a Town violates it's own ordinance, Attorney Hill explained some cities do waive their own ordinances if the Council anticipates to amend that ordinance. Mr. Hill suggested the possibility to the Council to how ratify the action after the fact. The following citizen(s) addressed the Council: Riley Mills 113 Seminole Dr. Doyle Krauss 549 Indian Creek Dr. Bill Rose 219 Inverness Dr. They were all in favor of finding a satisfactory solution to allow the TCWC to hold its garage sale. Mayor Pro Tem Engeibeck moved that since the Council on February 17, 1998 expressed the intent to permit the TCWC to have a garage sale in the home, that we give them a one-time temporary permit to do so, pending ratification of action by the P&Z to approve that permit. Council Member McCabe seconded; in the discussion that followed, Attorney Hill re -expressed the motion stating " the motion is to confirm the permit, in that, the intent is to later ratify that action, by amendment to the ordinance." Mayor Pro Tem agreed to amend his motion to reflect the verbiage used by Attorney Hill. Council Member McCabe seconded the amended motion. Council Member McCabe expressed her stance on this issue. She stated for the record " The Council is making the decision. Yes, the staff has done something but that was at the direction of the Council, so don't blame the staff. The Council was making the decision, and we indicated the decision earlier, apparently." The motion was restated as " that since the Council on February 17, 1998 expressed the intent to permit the TCWC to have a garage sale in the home, that we give them a one-time temporary permit to do so, pending review of the ordinance by P&Z with recommendation to the Council." Following extensive discussion, The motion passed with a majority vote. Voting for were Mayor Pro Tem Engelbeck and Council Members Carr and McCabe. Abstaining was Council Member Decker. Page 8 JOINT PUBLIC SESSION April 7, 1998 D. TOWN COUNCIL TO DIRECT THE PLANNING & ZONING COMMISSION TO CONSIDER MODIFYING THE ZONING ORDINANCE REGARDING GARAGE SALES WITHIN THE TOWN OF TROPHY CLUB, TEXAS, TO INCLUDE DESIGNATED TIMES: This was covered in the previous discussion. Commission Chainnan Hamper asked for clarification how the Council wants the P&Z involved in the motion. The Council advised the P&Z to investigate amendment possibilities. Attorney Hill clarified the posting of notices by stating "The statutes states within the official newspaper or a newspaper of general circulation within the Municipality." PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC MEETING WITH TOWN COUNCIL: Commissioner Reed moved to adjourn the joint public hearing at the 8:33 p.m. with the Town Council. Commissioner Cotton seconded; motion passed unanimously. PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC MEETING WITH TOWN COUNCIL: Mayor Pro Tem Engelbeck moved to adjourn the joint public hearing at 8:34 p.m. with the Planning and Zoning Commission. Council Member Carr seconded; motion passed unanimously. REGULAR SESSION TOWN COUNCIL TO CONVENE INTO REGULAR SESSION: Council convened into regular session at 8:45 p.m. CITIZENS 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 ONANY PRESENTATION 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: The following citizen(s) made presentations: Roger Unger 102 Carnoustie Dr. Doyle Krauss 549 Indian Creek Dr. Peter Nesbitt 28 Salida Dr. STAFF AND COMMITTEE REPORTS: Lou Opipare, Fire Chief, TCFD, updated the Council. Mike Hamper, Chainnan, Planning and Zoning Commission, updated the Council. Dave Robison, Finance committee, updated the Council. Page 9 REGULAR SESSION April 7, 1998 STAFF AND COMMITTEE REPORTS: (cont.) Barbara Tweedie, Public Relations committee, updated the Council. Dan Gordon, Parks and Recreation committee, updated the Council. Ben Brewster, Home Rule Charter Commission, updated the Council. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING: A. REJECTING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF AN 11.598 ACRE TRACT OF LAND AS DESCRIBED BY METES AND BOUNDS HEREIN, WHICH TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING AN EFFECTIVE DATE. B. ACCEPTING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF AN 11.598 ACRE TRACT OF LAND AS DESCRIBED BY METES AND BOUNDS HEREIN, WHICH TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING AN EFFECTIVE DATE. The following citizen(s) addressed the Council: Donna Leipsic 26 T.W. King Rd. Jim Schorey 3 Valley Wood Ct. Following discussion, Mayor Pro Tem Engelbeck moved for this item to be tabled for two weeks pending further legal investigation. Council Member Decker seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, GRANTING A PETITION TO ANNEX CERTAIN LAND (166 ACRES AS DESCRIBED HEREIN) INTO THE TOWN FILED BY JOHN HARBIN, BECK PROPERTIES INC. AND SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF THAT LAND BY THE TOWN OF TROPHY CLUB, TEXAS; AUTHORIZING THE TOWN SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; PROVIDING AN EFFECTIVE DATE: The following citizen(s) addressed the Council: Doyle Krauss 549 Indian Creek Dr. Page 10 REGULAR SESSION April 7, 1998. Following discussion, Council Member Decker moved to adopt a resolution of the Town of Trophy Club, Texas granting a petition to annex certain land (166 acres as described herein) into the Town filed by John Harbin, Beck Properties Inc. and setting a date, time and place for public hearings on the proposed annexation of that land by the Town of Trophy Club, Texas; authorizing the Town Secretary to publish notice of such public hearings; providing an effective date. Mayor Pro Tem Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION APPROVING CONTINUED LEGISLATIVE SUPPORT FOR INCREASED TRANSPORTATION FUNDING FOR TEXAS IN THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 (ISTEA) REAUTHORIZATION PROCESS: Following discussion, Council Member Decker moved to adopt a resolution approving continued legislative support for increased transportation funding for Texas in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) reauthorization process. Council Member Carr seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE REBIDDING OF MEDIAN LANDSCAPING AND PARK MAINTENANCE. (COUNCIL MEMBER CARR) Following discussion, no action was taken. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING DEVELOPER IMPACT FEES. (MAYOR PRO TEM ENGELBECK) Mayor Pro Tem Englebeck asked staff for analysis of impact fees. No action taken. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE THREE (3) ESTIMATES FOR JOGGING/BIKE LANES ON TROPHY CLUB AND INDIAN CREEK DRIVES. (COUNCIL MEMBER CARR) The following citizens made addressed the Council: Chris Clark Dave Robison C.J. Boedecker Deberah Holsworth Riley Mills Doyle Krauss Mike Zuber Barry Huizenga 11 Palmetto Ct. 2 Crickett Ct. 1118 Trophy Club Dr. 1110 Trophy Club Dr. 113 Seminole Dr. 549 hldian Creek Dr. 535 Indian Creek Dr. 208 Pebble Beach Dr. All these residents expressed their concern and opposition to bike/jogging lanes on Indian Creek and Trophy Club Drives and urged the Council to find alternatives. Fire Chief Opipare expressed his concern for the need to provide safe passage on the streets for emergency vehicles. Page 11 REGULAR SESSION April 7, 1998 Council Member Carr brought this issue up because of his concerns for the children walking to school and the people who walk and jog. No action was taken. TOWN COUNCIL TO CONSIDER A WAIVER TO FENCE ORDINANCE 95-16 WITH AMENDMENTS 97-06 & 97-27 AT THE REQUEST OF: A. Sharon Bradshaw 3 Roaring Creek Ct. This item was tabled. TOWN COUNCIL TO DISCUSS AN INTEGRATED COMPUTER SYSTEM. (Presentation by Lou Opipare, from March 3, 1998 meeting) This item was tabled until the April 21, 1998 meeting when the full proposal could be presented. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE PARKING LOT OWNED BY MAGUIRE PARTNERS, ON T. W. KING ROAD: Maguire Thomas is to do a site plan within 30 days, and they plan to cooperate fully with the Town and MUD. No action taken. CLOSED -DOOR SESSION. TOWN COUNCIL TO CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH CHAPTER 551, GOVERNMENTAL CODE, VERNON'S TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW). SECTION 551.071(PENDING OR CONTEMPLATED LITIGATION) TO RECEIVE LEGAL ADVICE AND 551.072 (FOR A DELIBERATION REGARDING REAL PROPERTY) AND SECTION 551.074( PERSONNEL ISSUES). A. TO DISCUSS LITIGATION REGARDING SERGIO SHEARER, ET AL V. HAWKEFE PROPERTIES, INC. B. TO CONSULT WITH THE TOWN ATTORNEY REGARDING ANNEXATION BY THE CITY OF SOUTHLAKE AND POTENTIAL LITIGATION IN CONNECTION THEREWITH. C. TO DISCUSS APPOINTMENT OF BETTYE DAYTON FROM ALTERNATE TO REGULAR ZONING BOARD OF ADJUSTMENTS MEMBER TO REPLACE POSITION VACATED BY RESIGNATION OF JEFF CURRY. Town Council adjourned into closed -session at 10:01 p.m. Page 12 REGULAR SESSION April 7, 1998 RECONVENE INTO OPEN SESSION. TOWN COUNCIL TO TAKE APPROPRIATE ACTION REGARDING MATTERS DISCUSSED IN CLOSED DOOR SESSION, PURSUANT TO: Town Council reconvened into open session at 10:31 p.m. A. LITIGATION REGARDING SERGIO SHEARER, ET AL V. HA WKEYE PROPERTIES, INC No action taken. B. TO CONSULT WITH THE TOWN ATTORNEY REGARDING ANNEXATION BY THE CITY OF SOUTHLAKE AND POTENTIAL LITIGATION IN CONNECTION THEREWITH. No action taken. C. TO DISCUSS APPOINTMENT OF BETTYE DAYTON FROM ALTERNATE TO REGULAR ZONING BOARD OF ADJUSTMENTS MEMBER TO REPLACE POSITION VACATED BY RESIGNATION OF JEFF CURRY. Council directed staff to conduct interviews at the May 21, 1998 workshop session. PRESENTATIONS BY COUNCIL: --------- made the statement that the C.O.P.S. program volunteers used to inventory street lights and report which ones were inoperable. They no longer are doing this. Council Member Carr updated the Council on the lighting at Harmony Park. He also reported that he has ridden with 2 of the officers from TCPD and is very concerned for their safety. Citing problems with Denton dispatch response and the use of outdated equipment and methods. Mayor Pro Tern Engelbeck updated the Council on the Finance committee and the next meeting will be Wednesday, April 8, 1998 at 7:00 p.m. ADJOURN: Council Member McCabe moved to adjourn at 10:35 p.m. Council Member Carr seconded; motion p Mayr (Seal) Town Secretary 05/13/98 Min