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Minutes TC 02/16/2004MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB FEBRUARY 16, 2004 LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS WORKSHOP SESSION 7:00 P.M. PUBLIC WORKS ADVISORY GROUP 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: Diane Cockrell Town Secretary Roger Unger Finance Director Patricia Adams Town Attorney Randy Briggs Community Development Director/Interim Director of DPS Adam Adams Parks Administrator Beth Ann Gregory I/S Manager 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Workshop session to order at 7:03 p.m. noting a quorum was present. 2. PUBLIC WORKS ADVISORY GROUP TO DISCUSS CURRENT PROJECTS WITH TOWN COUNCIL AND RESIDENTS. Randy Briggs introduced the Public Works Advisory Group: George Gearner, Riley Mills, Glenn Strother, Tom Brown and John Navarre. This group has been reviewing software on pavement management and investigating the use of a "project manager" for street construction/repair and will review the trash contract in the future. 3. ADJOURN WORKSHOP. Workshop adjourned at 7:35 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, February 16, 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 Page 2 Regular Session February 16, 2004 STAFF AND GUEST(S) PRESENT: Diane Cockrell Town Secretary Roger Unger Finance Director Patricia Adams Town Attorney Randy Briggs Community Development Director/Interim Director of DPS Adam Adams Parks Administrator Tom Rutledge Teague, Nall and Perkins 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Regular session to order at 7:34 p.m. noting a quorum was present. 2. INVOCATION. Council Member Matthai 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 Williams 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. There were no presentations. 5. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON FEBRUARY 7, 2004, TO WIT: A LOCAL OPTION ELECTION TO LEGALIZE (1) THE SALE OF BEER AND WINE FOR OFF -PREMISE CONSUMPTION ONLY AND (2) THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY; AUTHORIZING THE ISSUANCE OF CANVASS OF SPECIAL ELECTION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Council Member Spence moved to approve. Council Member Edstrom seconded; motion carried unanimously. 6. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS COMMENDING THE TROPHY CLUB ECONOMIC DEVELOPMENT SUPPORT GROUP FOR ITS SERVICE TO THE TOWN; AND PROVIDING AN EFFECTIVE DATE. Council Member Edstrom moved to approve. Council Member Matthai seconded; motion carried unanimously. 7. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FROM THE CIRRUS GROUP (TROPHY CLUB MEDICAL PLAZA) FOR THE ISSUANCE OF TEMPORARY CERTIFICATE OF OCCUPANCY NOT TO EXCEED SIXTY (60) DAYS TO ALLOW FOR REVISIONS TO THE PLANNED DEVELOPMENT LANDSCAPE PLAN. Randy Briggs stated that there is a need to hydro mulch later in the spring. Council Member Williams moved to approve. Council Member Edstrom seconded; motion carried Page 3 Regular Session February 16, 2004 unanimously. 8. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FROM THE LAKE CITIES CHURCH OF CHRIST FOR THE ISSUANCE OF TEMPORARY CERTIFICATE OF OCCUPANCY NOT TO EXCEED SIXTY (60) DAYS TO ALLOW FOR REVISIONS TO THE PLANNED DEVELOPMENT LANDSCAPE PLAN. Randy Gerdes stated that there is a need to hydro mulch later in the spring. Council Member Edstrom moved to approve. Council Member Matthai seconded; motion carried unanimously. 9. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPEAL OF THE HOMEOWNERS AT 104 FAIRWAY VILLAGE FROM THE REQUIREMENTS OF ORDINANCE NO. 2001-18 REGARDING THE APPLICATION OF A WOOD SHAKE (MANSARD) ROOF AT THAT ADDRESS. Roger Williams stated that the question regarding "siding" should be referred back to Planning and Zoning. Council Member Williams moved to table until the Planning and Zoning Commission reviews and makes a recommendation regarding siding speculations. Council Member Foley seconded; motion carried unanimously. 10. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A NON EXCLUSIVE PARK FACILITIES USE AGREEMENT WITH THE TROPHY CLUB SOFTBALL ASSOCIATION. 11. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A NON EXCLUSIVE PARK FACILITIES USE AGREEMENT WITH THE TROPHY CLUB BASEBALL ASSOCIATION. 12. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A NON EXCLUSIVE PARK FACILITIES USE AGREEMENT WITH THE TROPHY CLUB SOCCER ASSOCIATION. Agenda items 10, 11 & 12 were considered as one agenda item. Adam Adams explained that the agreement organizes the way the fields are used. Council Member Edstrom asked to remove #11 on each agreement. Mayor Pro Tem Foley moved to approve. Motion failed for lack of a second. Council Member Edstrom moved to approve without #11. Council Member Matthai seconded; motion failed 2-3-0 with Council Members Edstrom and Matthai voting in favor and Council Members Williams and Spence and Mayor Pro Tem Foley voting against. Council Member Williams moved to approve as written. Motion passed 3-1-1 with Council Members Williams and Spence and Mayor Pro Tem Foley voting in favor, Council Member Matthai voting against and Council Member Edstrom abstained. 13. 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. 14. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 2000-18 P&Z DETERMINING THE VALUE OF VACANT LAND IN THE TOWN FOR PURPOSES OF PARKLAND DEDICATION AND PAYMENT OF CASH IN LIEU OF DEDICATION; PROVIDING FOR THE INCORPORATION OF PREMISES; ADOPTING NEW PROVISIONS FOR THE FAIR MARKET VALUE OF VACANT LAND; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A Page 4 Regular Session February 16, 2004 SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Randy Briggs shared that the summary appraisal report is $145,000 per acre. Mayor Pro Tem Foley moved to approve. Council Member Matthai seconded; motion carried unanimously. 15. 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 FOR THE INCORPORATION OF PREMISES; 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 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 Edstrom seconded; motion carried unanimously. 16. 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 REVIEW AND DISCUSS THE POLICE DEPARTMENT'S ANNUAL RACIAL PROFILING REPORT. B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF FINANCIALS DATED JANUARY 31, 2004. C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF THE REGULAR SESSION MINUTES DATED FEBRUARY 2, 2004. Council Member Edstrom moved to approve. Council Member Matthai seconded; motion carried unanimously. 17. ADJOURN. Council Member Williams moved to adjourn at 9:10 p.m. Council Member Foley seconded; motion Page 5 Regular Session February 16, 2004 Carried unanimously. * THE TOWN COUNCIL MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, LGC 551.071. ATTEST Town Secretary, Town of Trophy CI b, Texas