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Minutes TC 11/21/2000MINUTES OF TOWN COUNCIL WORKSHOP/PUBLIC HEARING/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB NOVEMBER 21, 2000 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a Workshop. Public Hearing and a Regular Session on Tuesday, November 21, 2000. The meeting was held within the boundaries of the Town and was open to the public. WORKSHOP SESSION TOWN COUNCIL MEMBERS PRESENT Marshall Engelbeck Mayor Susan Edstrom Mayor Pro Tem Barry Huizenga Council Member Bill Matthai Council Member Scott Smith Council Member TOWN COUNCIL MEMBERS ABSENT: Barb Tweedie STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Cathy Morgas Bill LeGrand Paul Rosenberger David Miller Patricia Adams Dan Boutwell Dave Petrakovitz Bill O'Loughlin Council Member Town Manager Town Secretary MUD Manager Asst. Director of Public Works Asst. to Town/MUD Managers Director of DPS Town Attorney Town Planner Sprint Representative Sprint Representative CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the Workshop session to order at 6:05 p.m. noting a quorum was present. TOWN COUNCIL TO DISCUSS AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A NON-GOVERNMENTAL INDEPENDENTLY SUPPORTED COMMERCIAL ANTENNA FACILITY. The Town Council discussed Sprint Tower options. Town Manager Donna Welsh informed Council that late that afternoon, she had discussed with Sprint a potential suitable alternative site located on Highway 114. Locating the facility on the TXU two poles east of TXU pole 6 / 7 was then discussed by Council. Dave Petrakovitz, Sprint's representative, stated that he felt that Sprint would agree to use the TXU pole east of the Town's entrance. Sprint had asked that if Council were to deny its application, the denial be without prejudice. The consensus expressed by the Council members present was that Council would deny Sprint's application for the DPS location based upon the suitability of the newly proposed site and that Council would look favorably upon a request to locate at the eastern location. Page 2 WORKSHOPIPUBLIC HEARING/REGULAR SESSION November 21, 2000 DISCUSSION OF REGULAR AGENDA ITEMS: The Town Council discussed regular agenda items. ADJOURN WORKSHOP SESSION: Mayor Engelbeck adjourned the Workshop at 7:00 p.m. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Marshall Engelbeck Mayor Susan Edstrom Mayor Pro Tem Barry Huizenga Council Member Bill Matthai Council Member Scott Smith Council Member TOWN COUNCIL MEMBERS ABSENT: Barb Tweedie STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Cathy Morgas Jim Buxton Bill LeGrand Paul Rosenberger David Miller Patricia Adams Dan Boutwell Dave Petrakovitz Bill O'Loughlin Council Member Town Manager Town Secretary MUD Manager Finance Director Asst. Director of Public Works Asst. to Town/MUD Managers Director of DPS Town Attorney Town Planner Sprint Representative Sprint Representative CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the regular meeting to order at 7:30 p.m. INVOCATION: Director Miller gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mr. Dan Boutwell led the pledges. PUBLIC HEARING TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO THE FOLLOWING: Mayor Pro Tem Edstrom made a motion to open the Public Hearing. Council Member Matthai seconded, motion carried unanimously. A. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION ON A REQUEST FOR THE CONSIDERATION OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A NON-GOVERNMENTAL INDEPENDENTLY SUPPORTED COMMERCIAL ANTENNA FACILITY, LOCATED TO THE WEST OF THE TROPHY CLUB/ WESTLAKE DEPARTMENT OF PUBLIC SAFETY BUILDING, 100 MUNICIPAL DRIVE, (APPLICANT: BILL O'LOUGHLIN, SPRINT PCS): Page 3 WORKSHOP/PUBLIC HEARING/REGULAR SESSION November 21, 2000 Based upon the consensus of the Council members at the workshop portion of the meeting, Mayor Engelbeck informed the audience that Trophy Club would reject the proposed location behind the Police Department and would work with Sprint on the TXU Tower, two poles east of TXU pole 6/7 on State Highway 114. This site had been discussed at the workshop as being a suitable alternative site. Laurie Acosta of 4 Michelle Court presented a petition with four signatures opposing the installation of a commercial 120 -foot communications tower adjacent to Trophy Club's entrance, on MUD property. Marci Marshall of 124 Summit Cove, Lynda Sanders of 1 Michelle Court, Nick Sanders of 1 Michelle Court, Mike Foster of 9 Jennifer Court, Carol Peterson of 5 Michelle Court, Jerry Peterson of 5 Michelle Court and Roy Acosta of 4 Michelle Court addressed the Council. Council Member Smith made a motion to close the Sprint Tower Public Hearing. Mayor Pro Tem Edstrom seconded, motion carried unanimously. B. TOWN COUNCIL TO CONSIDER AND ADOPT 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 THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 6.000 ACRE TRACT OF LAND FROM ITS CURRENT ZONING OF "R-12" SINGLE FAMILY (PRESENT USE AGRICULTURE) TO THE REQUESTED ZONING OF "CR" COMMERCIAL RECREATION (FOR THE INTENDED USE OF A COMMUNITY RECREATION CENTER); 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 THAT THE ZONING MAP SHALL REFLECT THE CR ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A PURPOSE; PROVIDING A SAVINGS 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 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE: Council Member Smith made a motion to open the Rezoning Public Hearing. Council Member Matthai seconded, motion carried unanimously. Gene Hill introduced this item stating that this Ordinance is changing from agricultural use. Mr. Hill reported that the Planning and Zoning Commission is recommending approval. TOWN COUNCIL TO CLOSE PUBLIC HEARING: Mayor Pro Tem Edstrom made a motion to close the Public Hearing. Council Member Smith seconded, motion carried unanimously. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION: Mayor Pro Tem Edstrom made a motion to reconvene into Regular Session at 7:57 p.m. Council Member Matthai seconded, motion carried unanimously. REGULAR SESSION 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 ANY PRESENTATION MADE TO THE COUNCIL AT THIS TIME CONCERNING AN ITEMNOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATIONS ON SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS: Page 4 - November 21 Town ouncil 34 0\1frr dr, e o n. Petition Opposing Location of Communication Tower I am a resident of Trophy Club, Texas, and am opposed to the installation of a commercial 120 foot communication tower located adjacent to Trophy Club's entrance, on Municipal Utility District Property. I understand the need for additional communication coverage in Trophy Club, but the site should not be next to our existing community entrance and resident's homes. C S. 9. 10. 11. 12. 13. 14. 15. FI4 ,'R Page 5 WORKSHOP/PUBLIC HEARING/REGULAR SESSION November 21, 2000 There were no presentations made. REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT): A. EDITORIAL REVIEW BOARD —GENE HILL B. PLANNING & ZONING COMMISSION- GENE HILL C. INFORMATION TECHNOLOGY— JIM BEST D. WAYS AND MEANS COMMITTEE— DAVID NEAL E. COMMISSIONER'S COURT REPORT — BILL LEWIS EDITORIAL REVIEW BOARD — GENE HILL Mr. Gene Hill reported that the December issue of All Around the Town is being prepared. The Board's final review will be next week and will be distributed December 1". PLANNING & ZONING COMMISSION- GENE HILL Mr. Gene Hill reported that the revised zoning on Parkview Property is on tonight's agenda. Mr. Hill anticipates the platting stage to be on the next Planning and Zoning meeting's agenda. INFORMATION TECHNOLOGY — JIM BEST Council Member Matthai reported that the committee is working on updating the website. WAYS AND MEANS COMMITTEE — DAVID NEAL Jim Buxton reported that the next meeting is scheduled for November 27, 2000. COMMISSIONER'S COURT REPORT — BILL LEWIS Mr. Bill Lewis reported that the Stardust Ranch construction was not approved by City of Fort Worth. The Denton County Resource Guide website is, www.ineedhelp.com. Mr. Scott Army will be sworn in as County Judge on December 1". Cynthia White District 1; Sandy Jacobs, District 2; Bobby Mitchell, District 3; Jim Carter, District 4. Mayor Engelbeck also announced that Denton County is helping Trophy Club build an emergency access road for Trophy Club/Westlake's emergency vehicles. Mayor Engelbeck would like to show appreciation to Denton County for providing the material for this road. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION ON A REQUEST FOR THE CONSIDERATION OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A NON- GOVERNMENTAL INDEPENDENTLY SUPPORTED COMMERCIAL ANTENNA FACILITY, LOCATED TO THE WEST OF THE TROPHY CLUB/ WESTLAKE DEPARTMENT OF PUBLIC SAFETY BUILDING, 100 MUNICIPAL DRIVE, (APPLICANT: BILL O'LOUGHLIN, SPRINT PCS): Mayor Pro Tem Edstrom made the motion that Council not approve the application, without prejudice, under the provisions of Section 42 of the Trophy Club Zoning Ordinance: 1. Protect residential areas and land uses from potential adverse impacts of antennas and antenna facilities; 2. Encourage the location of antenna facilities in non-residential areas; 3. Minimize the total number of antenna facilities throughout the community; 4. Strongly encourage co -location on both new and existing antenna facility sites as a primary option rather than construction of additional single -use facilities; 5. Encourage the users of antenna facilities to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. Council Member Matthai seconded. After discussion, the motion carried unanimously. Mayor Engelbeck announced that the Town Council had an open workshop and was surprised that there were few attendants at the workshop. Mr. Dave Petrakovitz, Sprint's representative, has agreed to explore the use of a pole located two east of TXU pole 6/7 on State Highway 114. Mr. Petrakovitz stated from a leasing and construction viewpoint this location would work. Page 6 WORKSHOP/PUBLIC HEARING/REGULAR SESSION November 21, 2000 Patricia Adams reminded Council that in addition to the ordinance requirements, the state law considerations regarding the availability of suitable alternative sites and aesthetic concerns should be discussed for the record. Council Member Huizenga addressed aesthetic concerns, and the Town's need to be proactive to find sites to locate towers requested in the future. Council Member Huizenga discussed the information brought forward by citizens regarding the negative impact of the tower on property values. Throughout the hearing and public meeting process, Sprint had not presented any information to rebut the citizens concerns regarding property values. A conversation regarding the potential use of two poles to the east of TXU pole 6/7, located along State Highway 114 at Trophy Club Drive, ensued. Sprint would have to rebuild the pole and would consider a height to allow additional carriers. Council discussed the fact that Sprint had the right to apply for the location of a Tower and citizens had a right to protest. Trophy Club asked Sprint to look at the pole two east of 6/7. Mr. Harbin of Beck Properties had agreed to work with Sprint to make this tower aesthetically pleasing. Donna Welsh explained that many entails were received and sent regarding rumors of the tower. Council Member Smith thanked the diligence of the residents. Mayor Engelbeck announced that the Council consensus expressed at the preceding workshop was that a suitable alternative site would be the pole located two to the east of TXU pole 6/7 on State Highway 114. Mr. Dan Boutwell stated that the action tonight is for the DPS location requested in Sprint's application. Any future action cannot be connected to this request. The newly proposed location on State Highway 114 would have to go through the same application/Public Hearing for Planning and Zoning and Town Council Public Hearing process. Council affirmed this comment. Council Member Smith stated for the record, TXU is a more favorable sight for Trophy Club. TOWN COUNCIL TO CONSIDER AND ADOPT 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 THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 6.000 ACRE TRACT OF LAND FROM ITS CURRENT ZONING OF "R-12" SINGLE FAMILY (PRESENT USE AGRICULTURE) TO THE REQUESTED ZONING OF "CR" COMMERCIAL RECREATION (FOR THE INTENDED USE OF A COMMUNITY RECREATION CENTER); 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 THAT THE ZONING MAP SHALL REFLECT THE CR ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A PURPOSE; PROVIDING A SAVINGS 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 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE: Mayor Pro Tem Edstrom made a motion to approve the Ordinance amending Ordinance No. 2000-06 as read. Council Member Matthai seconded. Mayor Pro Tem Edstrom made a motion to amend the approval to remove any reference to "for the intended recreational center". Council Member Matthai seconded, both motions carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 85-4 RELATING TO TOWN COUNCIL MEETING DATE AND TIMES; SPECIFYING NEW TOWN COUNCIL MEETING DATES AND TIMES; PROVIDING FOR THE CALLING OF SPECIAL MEETINGS; PROVIDING MEETING LOCATION CRITERIA; AND PROVIDING AN EFFECTIVE DATE: Lynn Hale of 18 Sonora Drive addressed the Council Page 7 WORKSHOP/PUBLIC HEARING/REGULAR SESSION November 21, 2000 Council Member Huizenga made a motion to approve the Resolution with the following: • Change second Whereas address to Municipal Drive • Change fourth Whereas to 1" and 3`d • Change Section 2 to I" and 3rd at 7:30 p.m. • The Council meeting change will be effective January 15"', 2000. Mayor Pro Tem Edstrom seconded, motion carried 3-0-1 with Council Member Matthai abstaining. Council Member Smith asked that the workshops start at 6:30 p.m. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION: Council convened into Executive Session at 8:45 p.m. EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTIONS 551.071-551.075, THE COUNCIL MAY ENTER INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING: A. CONSULTATIONS WITH ATTORNEY. TEX.GOV'T.CODE 551.071 1. PENDING LITIGATION - JANICE LOWRY-BROWN V. JEFFREY ANDREW DICKSON, ET.AL. CIVIL ACTION NO. 4:99CV267 SECTION 551.071(2): DISCUSSION WITH ATTORNEY RELATIVE TO 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 TEXAS OPEN MEETINGS ACT, CHAPTER 551 OF THE GOVERNMENT CODE, 1. DISCUSSION WITH ATTORNEY REGARDING LEGAL ADVICE RELATIVE TO PERMIT FEES AUTHORIZED BY THE TEXAS ALCOHOLIC BEVERAGE CODE. Council reconvened into regular session at 8:58 p.m. TOWN COUNCIL TO CONSIDER AND APPROVE MINUTES OF NOVEMBER 7, 2000 WORKSHOP AND REGULAR TOWN COUNCIL MEETING: Mayor Pro Tem Edstrom made a motion to approve the minutes of November 7"'. Council Member Smith seconded, motion carried unanimously. REPORTS AND COMMENTS: A. STAFF Director Miller reported that Trophy Club Drive and State Highway 114 would not close until after January 1", 2001. Director Miller also highlighted DPS events: On November 12, 2000, lightening struck a house at 306 Inverness; the officer was first dispatched to the wrong address. Officer Garrett put the fire out before the Fire Department arrived. Director Miller stated that he wanted to publicly commend Officer Garrett. Two days later, Officer Garrett, Officer Tyler and Officer White arrested a defendant for two counts of burglary of a habitation. Director Miller reported that Lt. Briggs recently attended Southwest Legal Institute's "School of Police Supervisions" and was I" in his class and president of the class. Commissioner Carter thanked the Council for Officer Fisher's working with the County on a license inspection for overweight trucks and did a greatjob. Paul Rosenberger reported that the rain has delayed the Park Project. Page 8 WORKSHOP/PUBLIC HEARING/REGULAR SESSION November 21, 2000 Diane Cockrell announced that the Parks and Recreation Committee, EDC B and Ways and Means each have one vacancy. Planning and Zoning and Public Relations each have two openings. Donna Welsh reported that while in Austin she checked and the Park Grant looks great. She also reported that while attending the Christmas in November event, she made a silent auction bid of $125, on the Town's behalf. for a Relocation Ad and she was the high bidder. The ad is worth $830. B. COUNCIL MEMBERS Council Member Huizenga gave an overview of a street/curb repair system. ADJOURN: Mayor Pro Tem Edstrom made a motion to adjourn at 9:46 p.m. Council Member Smith seconded, motion passed unanimously. Mayor, Town of Trophy Club, T has ATTEST: Town Secretar , T wn of Trophy Club, Texas