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Minutes TC 08/06/2001MINUTES OF WORKSHOP/PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB AUGUST 6, 2001 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in Workshop, Public Hearing and Regular Session on Monday, August 6, 2001. The meeting was held within the boundaries of the Town and was open to the public. WORKSHOP SESSION TOWN COUNCIL MEMBERS PRESENT: Scott Smith Susan Edstrom Barry Huizenga Bill Matthai Scott Spence Roger Williams STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Jim Buxton Bill LeGrand Paul Rosenberger Renae Gonzales Kelly Butler Matthew Bullard J.D. Harvey Pete Reincke Neil Twomey Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Finance Director Director of Public Works Assistant to Town/MUD Managers Senior Accountant Human Resources Director Ways and Means Committee Member Ways and Means Committee Member Ways and Means Committee Member Ways and Means Committee Member CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Smith called the workshop to order at 6:38 p.m., noting a quorum was present BUDGET WORKSHOP WITH WAYS AND MEANS COMMITTEE TO DISCUSS FISCAL YEAR 2001/2002. Jim Buxton went through the budget and gave an overview of changes from the last budget discussion. A consensus of the Council was to cut the Christmas lights for the MUD Building in capital projects due to the fact that the lights had been cut by the MUDS. Council Member Williams pointed out that we have a shortfall in funds that are planning to be spent. Paul Rosenberger explained that the $32,500 designated to the corps property could be reduced to $7,500. Council Member Spence and Mayor Smith requested that the remaining $25,000 be added to the 10 Acre park. Jim Buxton added that there will be an additional Budget Meeting on August 27". The next budget meeting will be on August 20's at 5:30 p.m. ADJOURN WORKSHOP SESSION. Workshop adjourned at 7:31 p.m. Page 2 REGULAR SESSION REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Susan Edstrom Mayor Pro Tem Barry Huizenga Council Member Bill Matthai Council Member Scott Spence Council Member Roger Williams Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Cathy Morgas Jim Bracton Bill LeGrand Paul Rosenberger David Miller Patricia Adams Kerin Fleck Gene Hill August 6, 2001 Town Manager Town Secretary MUD Manager Finance Director Director of Public Works Asst. to Town/MUD Managers Director of DPS Town Attorney Planning and Zoning Coordinator Planning and Zoning Commission Chairman CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Smith called the Regular Meeting to order at 7:43 p.m., noting a quorum was present. INVOCATION: Council Member Matthai gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mayor Pro Tem Edstrom led the pledges. TOWN COUNCIL TO HEAR AND DISCUSS A PRESENTATION OF THE SCRAP BOOK OF THE JULY 2C1D GOLF TOURNAMENT AND JULY 4m PANCAKE BREAKFAST FOR CHIEF GREG TUCKER Mr. Pete Stebbins narrated a slide show of the Golf Tournament and Pancake Breakfast. There were 220 golfers making 55 teams. Mr. Stebbins and Mayor Smith presented a keepsake photo album of the events to Chief Tucker. 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. Ms. Cynthia Daneshfar of 3 Chimney Rock, Mr. Matt Bullard of I Cimarron Court and Mr. Steve Melbourne of 4920 Colonial Park Drive addressed the Council. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING: Ias" 111yH307QIN TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A CO -LOCATED, WIRELESS ANTENNA FACILITY, LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114 AND SOUTH OF 6 LAKE FOREST COURT, WITHIN A TXU EASEMENT. APPLICANT: SPRINT PCS. (CUP -01-002) Page 3 REGULAR SESSION August 6, 2001 Mr. Jim Barnett, representing Sprint PCS, gave a presentation explaining that the Sprint PCS antenna will be placed north of State Highway 114, two poles east of the Voice Stream antenna located on State Highway 114 at Precinct Line Road in the TXU Easement. Mr. Barnett also reviewed the Federal Communication act of 1996 and Sprint PCS is obligated to give their subscribers service. Mr. Gene Hill explained that the Planning and Zoning Commission initially reviewed this application on June 7, 2001 in a Public Hearing. The Commission tabled to July 12`s to obtain additional information provided by Sprint PCS. The antenna will be adjacent to State Highway 114 and St. Andrews Court. This is a stealth category 4 antenna . Mr. Kirk Mppchen of 6 Lake Forest Court addressed the Council TOWN COUNCIL TO CLOSE PUBLIC HEARING. The Public Hearing closed at 8:27 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION: Town Council reconvened into regular session at 8:27 p.m REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A CO -LOCATED WIRELESS ANTENNA FACILITY, LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114 AND SOUTH OF 6 LAKE FOREST COURT, WITHIN A TXU EASEMENT. APPLICANT: SPRINT PCS. (CUP -01-002) Council Member Williams made a motion to approve the application as written. Council Member Matthai seconded, motion carried 4-1-0 with Mayor Pro Tem Edstrom and Council Members Williams, Matthai and Huizenga voting for and Council Member Spence voting against. REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT) A. ECONOMIC DEVELOPMENT CORPORATION A • Previous meeting discussion and action Mr. Pete Reinke gave the EDC A report. We had Parks and Recreation Committee come to us about Parks and we looked at the overall schedule as you saw in the budget workshop and asked for additional information, specifically quarterly schedules for expending funds and also a formal request for EDC A. B. INFORMATION TECHNOLOGY COMMITTEE • Previous meeting discussion and action Mr. Jim Best reported that the Information Technology Committee met on July 23`d and worked on the new website. The Committee also looked at the technical requirements for the committee and the consensus of the committee is that they need to focus on the needed expertise. C. PUBLIC RELATIONS COMMITTEE • Previous meeting discussion and action Ms. Jodi Ashby communicated that the Committee discussed the upcoming activities for the new fiscal year, Team Trophy Club Day (Fire Safety Month), Clock Tower Lighting, Volunteer Appreciation Dinner and the Arbor Day Celebration. The Committee also elected new officers and discussed the groundwork for next year's July 4's Celebration. D. UTILITY FRANCHISE COMMITTEE • Previous meeting discussion and action Mr. Jim Moss stated that the Cable Franchise Agreement has been completed and ready to be forwarded to Charter Communications. The Committee has nominated Dan Camp for the vacancy and will be recommending waiver of performance bond from Southwestern Bell. Page 4 REGULAR SESSION August 6, 2001 E. WAYS AND MEANS COMMITTEE Previous meeting discussion and action Mr. Pete Reinke shared that the Ways and Means Committee has reviewed the budget and has looked at the over 65 exemption. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2000-11, PROVIDING FOR MEMBERSHIP ON THE UTILITY FRANCHISE COMMITTEE AND ESTABLISHING RELATED TERMS DUTIES AND CONDUCT FOR SAME; AND ADOPTING NEW PROVISIONS PROVIDING FOR MEMBERSHIP ON THE UTILITY FRANCHISE COMMITTEE; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR THE APPOINTMENT OF A CHAIRPERSON; PROVIDING FOR OBLIGATIONS AND DUTIES OF THE COMMITTEE; PROVIDING FOR CONDUCT OF MEETINGS; PROVIDING A CUMULATIVE REPEALER CLAUSE, PROVIDING SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Mr. Jim Moss explained that five members would assist the committee to be able to have a quorum. Council Member Williams made a motion to approve the Ordinance with an amendment to Section 1. Mayor Pro Tem Edstrom seconded; motion carried unanimously. Section 1. Membership now reads: The Utility Franchise Committee shall consist of five voting members to be appointed by the Town council. Members shall serve at the pleasure of the Town Council. These members shall consist of five resident members, one Staff Liaison, one Council Liaison, one Public Works representative, and one Planning and Zoning representative. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, GRANTING THE TOWN'S CONSENT FOR THE FILING OF AN NECESSITY FOR WATER AND SEWER SERVICE, TO INCLUDE ALL LAND WITHIN THE CURRENT BOUNDARIES OF THE TOWN BUT NOT WITHIN THE BOUNDARIES OF MUD 1 OR MUD 2; AND PROVIDING AN EFFECTIVE DATE. Mr. Wayne Obermeier explained that there are some areas in Trophy Club that are not in a MUD district. We understand that the Council wants the MUDS to serve the area. The MUDS are planning to spend three million dollars to service the area. The CCN will guarantee that the MUDS will service the area. The MUDS are asking that the Council assist the MUDS by approving this resolution. Mr. Jim Budarf explained that another reason the district needs a CCN is because we are getting ready to build a sewer plant to carry Trophy Club to build out. We will save approximately a trllion to a million and a half dollars by having EPA upgrades and expansions done at the same time. In order for the MUDS to spend money for future build out that is outside their district, TNRCC requires the CCN to accompany the bond application. The CCN reserves the service area for our Master MUD. Council Member Matthai made a motion to approve the Resolution as written. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FOR AN EXCEPTION TO THE SIGNAGE PROVISIONS OF TOWN ORDINANCE 2001-09 P&Z THE BANNERS, (APPLICANT: DAVID BURGHERIDEVELOPER). Page 5 REGULAR SESSION August 6, 2001 Planning and Zoning Chairman Gene Hill explained that an exception is being requested to put up a temporary banner about August 15� to the prospective opening of October I". "Coming Soon" sign would go up then be replaced with a "Grand Opening" sign. Mr. David Burgher made additional comments. Commissioner Hill stated that the Commission is recommending the exception. The timing is to initiate on August 15`s for duration not to exceed 60 days and not to coincide with the "Grand Opening" banners. Mayor Pro Tem Edstrom made a motion to approve the exception as written. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE PLANNING & ZONING COMMISSIONS NOMINATION FOR THE APPOINTMENTS OF PLANNING & ZONING CHAIRMAN AND VICE CHAIRMAN. Mayor Pro Tem Edstrom made a motion to approve the appointments of the Planning and Zoning Commission. Council Member Matthai seconded, motion carried unanimously. 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. REGULAR SESSION MINUTES DATED JULY 16, 2001 B. FINANCIALS DATED JUNE 30, 2001 Mayor Pro Tem Edstrom made a motion to remove the Minutes dated July 16, 2001 from the Consent Agenda. Council Member Huizenga seconded; motion carried unanimously. Mayor Pro Tem Edstrom made a motion to approve the Minutes dated July 16, 2001 as amended. Council Member Huizenga seconded; motion carried unanimously. The amended minutes now read: Page 5, paragraph 8: Gene Hill, Chairman of the Editorial Review Board made a presentation. Mr. Hill thanked the citizens for showing interest in the Around the Town, name of the paper since 1999. Mr. Hill gave a summary of the events of the newspaper." From the early 1990's, a quarterly newsletter was published by the Town, with material acquired by the staff, then edited and formatted by Gene Hill and printed by the staff. The first quarter of 1999, publishing was changed to bi-monthly and was prepared wholly by the staff." Council Member Huizenga made a motion to approve the Financials dated June 30, 2001 as written. Council Member Williams seconded; motion carried unanimously. COUNCIL REPORTS: • MAYOR PRO TEM EDSTROM o Highway 114 Transportation Commission Update Mayor Pro Tem Edstrom gave a handout and an update regarding the Transportation Commissioner Briefing. • COUNCIL MEMBER HUIZENGA o Review of Council votes since May 2000 Council Member Huizenga reported on a recent article that was published and stated for the record. "I wanted to review for the citizens' benefit, media's benefit and Council's benefit exactly what the votes have been on this Council to date. There have been 27 total votes up until tonight, there were six taken tonight. Of the 27 previously taken, 23 were unanimous, 2 were 4 to 1 and I abstained from one of those votes, and one was 3 to 1 when I was out of town. The only vote that has been the "block" vote that this Council has come forward with is regarding the communication booth which was a no cost, no policy propagating vote." Page 6 REGULAR SESSION August 6, 2001 "I want to put that on the record and will continue to keep track of exactly what the vote tally is because it bothers me that this is public record, its available through freedom of information request, yet no one can seem to get it right. There has been one "block" vote since the May election and that was regarding a no cost, no policy propagating vote. I'm going to continue taking this tally and hopefully one of these days the people that are reporting on it and people that are quoting for the reporters will get that information and put it forward that this is a cooperative Council, this is a Council that is trying to have the best interests of this town in mind and is attempting to put personal differences aside, whatever they may be. We are not going to agree on everything, there were also two unanimous consensus items that came forward in this time. This is not a divided Council and it bothers Council me that newspapers are reporting that it is and it continues to be misinformation that propagates throughout this Town that we don't know how to take care of business and all we do is fight. I will continue to keep that tally and I may bore you to tears but I'm going to keep putting it on the record until someone comes and reads this stuff and gets it right in the newspaper. Thank you." ADJOURN. Council Member Huizenga made a motion to adjourn at 9:27 p.m. Council Member Matthai seconded; motion carried unanimously. ATTEST: �UgRY Town Secretary, Town f Trophy Club, n