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Minutes TC 02/19/2001MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB FEBRUARY 19, 2001 STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas met in Public Hearing and Regular Session on Monday February 19, 2001. The meeting was held within the boundaries of the Town and was open to the public. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Marshall Engelbeck Mayor Susan Edstrom Mayor Pro Tem Barry Huizenga Council Member Bill Mattthai Council Member Scott Smith Council Member Barb Tweedie Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Jim Buxton Finance Director Bill LeGrand Director of Public Works Paul Rosenberger Asst. to Town/MUD Managers David Miller Director of DPS Patricia Adams Town Attorney Gene Hill Planning and Zoning Chairman Kerin Fleck Planning and Zoning Coordinator CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the Regular Meeting to order at 7:32 p.m. INVOCATION: Council Member Tweedie gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Council Member Huizenga led the pledges. 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. No presentations were made. TOWN COUNCIL TO OBSERVE A PRESENTATION BY MAYOR ENGELBECK TO PRESENT DARIN DAVIS THE COMMUNITY CPTIZEN AWARD. Mayor Engelbeck and Sally Michalak presented Darin Davis with the Roanoke, Trophy Club, Westlake Chamber of Commerce Community Citizen award for 2000 Trees in 2000. Page 2 PUBLIC HEARING AND REGULAR SESSION February 19, 2001 TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING. Mayor Pro Tem Edstfom made a motion to convene into Public Hearing, Council Member Matthai seconded; motion carried unanimously. PUBLIC HEARING TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO THE FOLLOWING: TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING 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 NORTH OF STATE HIGHWAY 114, AND SOUTH OF GLEN EAGLES COURT (APPLICANT: JOHN HUBBARD, VOICESTREAM WIRELESS). Mr. Hubbard of VoiceStream Wireless presented VoiceStream's need for this coverage. VoiceStream will mitigate base of tower. Planning and Zoning has asked for a flush mounted antenna to meet Town Ordinances. Mr. Gene Hill informed the Council that the Planning and Zoning Commission has asked for landscaping and a flush mount antenna. VoiceStream has asked for a continuance to March 5", to bring information to the Council. Mr. Hill informed the Council that the Planning and Zoning Commission's unanimous recommendation is with a (flush mount) low profile antenna. Mayor Pro Tem Edstrom made a motion to continue the Public Hearing to March 5", 2001, Council Member Huizenga seconded, motion carried unanimously. TOWN COUNCIL TO CLOSE PUBLIC HEARING. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Council Member Smith made a motion to reconvene into Regular Session, Mayor Pro Tem Edstrom seconded; motion carried unanimously. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING 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 NORTH OF STATE HIGHWAY 114, AND SOUTH OF GLEN EAGLES COURT (APPLICANT: JOHN HUBBARD, VOICESTREAM WIRELESS). Mayor Pro Tem Edstrom made a motion to continue this item to March 5, 2001. Council Member Matthai seconded; motion carried unanimously. REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT). A. EDITORIAL REVIEW BOARD —GENE HILL B. PLANNING & ZONING COMMISSION- GENE HILL C INFORMATION TECHNOLOGY COMMITTEE —JIM BEST D. WAYS AND MEANS COMMITTEE — DAVID NEAL E. COMMISSIONER'S COURT REPORT — BILL LEWLS EDITORIAL REVIEW BOARD — GENE HILL Mr. Hill reported that the Board is receiving articles for the March issue and are continually looking for ways to improve the Around [he Town. The March issue final review is Monday, February 26`r. Ms. Cyndi Huizenga has resigned and the Board is looking for someone to replace her. PLANNING & ZONING COMMISSION- GENE HILL Mr. Hill has reported that an application from a convenience store to extend hours and a replat for Hogan's Glen will be on the Council's March 5a' agenda. The Commission is reviewing the Zoning Ordinance for amendment. Page 3 PUBLIC HEARING AND REGULAR SESSION February 19, 2001 INFORMATION TECHNOLOGY COMMITTEE — JIM BEST No report. WAYS AND MEANS COMMITTEE — DAVID NEAL Mr. Jim Buxton reported that the Ways and Means Committee would be meeting next Monday, February 26'x. COMMISSIONER'S COURT REPORT— BILL LEWIS Mr. Bill Lewis reported that Roanoke received $750,000 for Marshall Creek Road and it would be $750,000 less $40,000 for engineering costs for a total of $710,000. Trophy Club was awarded $750,000 with no engineering deductions. Mr. Lewis also summarized a Perot Group presentation stating that over 20,000 jobs have been created in Tarrant/Denton Counties. Denton County Commissioner Jim Carter added that this Council has supported Alliance for years. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NOS. 94-01 AND 99-12 RELATING TO THE DEDICATION OF PARK LAND AND OPEN SPACE; AND ADOPTING PROVISIONS REQUIRING THE DEDICATION OF PARK LAND PRIOR TO A SUBDIVISION PLAT APPROVAL BY THE PLANNING AND ZONING COMMISSION AND THE TOWN COUNCIL; PROVIDING FOR PAYMENT OF CASH IN LIEU OF RESERVATION OF OPEN SPACE OR PARK AND RECREATIONAL AREAS; PROVIDING FOR THE MAINTENANCE OF DEDICATED PARK LAND; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Paul Rosenberger explained that this is a clean up Ordinance, Ordinance 94-01 failed to be repealed when Ordinance 99-12 was passed. Mayor Pro Tcm Edstrom made a motion to adopt the Ordinance as written. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING CITIZENS TO TWO (2) SEATS ON THE ECONOMIC DEVELOPMENT CORPORATION 4B FOR A ONE-YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. A. JONATHAN WITHERSPOON B. CAROL COTTON Council Member Smith explained that the EDC had a hard decision to make with five outstanding candidates and hopes the two new members will add a new perspective. Council Member Smith made a motion to adopt the Resolution as written. Council Member Huizenga seconded, motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN OF TROPHY CLUB REQUESTING LEGISLATIVE AUTHORITY FOR THE CREATION OF A MUNICIPAL COURT OF RECORD. Chief Miller explained that State Representative Denny has asked for a Resolution from the Town. Jim Carter of 204 Fresh Meadow addressed the Council. This Resolution requires that court sessions as a record for appeal, gives the judge authority to sign search warrants, not currently authorized to do so. Council Member Tweedie made a motion to adopt the Resolution with the amendment in Section b of the Bill to read Denton County not Tarrant County. Mayor Pro Tem Edstrom seconded; motion carried unanimously. Page 4 PUBLIC HEARING AND REGULAR SESSION February 19, 2001 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND THE TOWN OF TROPHY CLUB FOR EMPLOYEE SERVICES. Donna Welsh explained that Westlake has three employees who have no benefits, Trophy Club will take those employees and give them benefits. Trophy Club will be reimbursed for all costs and our administrative time. Council Member Tweedie made a motion to approve the Interlocal Agreement as written. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REOUEST Barbara Allen explained that each paid citation adds $3 to the security fund Council Member Matthai made a motion to approve the expenditure of $1200 from the Municipal Court Building Security Fund. Council Member Tweedie seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATING TO EXPENDING FUNDS FOR THE 2010 SATURDAY MEETING OUT OF COUNCIL CONTINGENCY FUNDS. Mayor Pro Tem Edstrom made a motion to approve expending funds for the 2010 Saturday meeting out of Council Contingency Funds. Council Member Smith 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. MINUTES DATED JANUARY 27, 2001 B. MINUTES DATED JANUARY 30, 2001 C. MINUTES DATED FEBRUARY 5, 2001 D. MINUTES DATED FEBRUARY S, 2001 E. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM RESTRICTED PRIOR SERVICE CREDIT TO ELIGIBLE TOWN EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR VARIOUS OTHER PUBLIC ENTITIES FOR WHICH THEY HAVE NOT RECEIVED CREDITED SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING ENGROSSMENT AND ENROLLMENT; AND ESTABLISHING AN EFFECTIVE DATE. Council Member Matthai removed February 5, 2001 minutes and Mayor Engelbeck removed the Ordinance from the Consent Agenda for discussion. Mayor Pro Tem Edstrom made a motion to approve the minutes dated January 27"i, 30" and February 8s' as written. Council Member Tweedie seconded; motion carried unanimously. Page 7, paragraph I of the February 5, 2001 Council Minutes should read, Council Member Matthai requested information on the closure of Eastbound State Highway 114 and asked about the work on the Park and the Conditional Use Permit from VoiceStream. We need Dan Boutwell to move on the Ordinance. Council Member Matthai made a motion to approve the minutes dated February 5, 2001 with amendments. Mayor Pro Tem Edstrom seconded; motion carried unanimously. Jim Buxton explained that the Ordinance for restricted prior service credit means that if an employee worked at another municipality, the employee can buy back time, there is no cost to the Town. Page 5 PUBLIC HEARING AND REGULAR SESSION February 19, 2001 Mayor Pro Tem Edstrom made a motion to adopt the Ordinance as written. Council Member Matthai seconded; motion carried unanimously. REPORTS AND COMMENTS. A. STAFF Paul Rosenberger reported that he, Dick Hobday, Mayor Engelbeck and Council Member Matthai met with Charter Cable today and Charter Cable asked to delay their response to the cable survey to the April 2" Council meeting. Charter will give a report on March W and will have a campaign to bury all cables within the Town in the month of March. Diane Cockrell reported that there has been one sign-up for the May 50' Election — Marshall Engelbeck for Mayor. Sign-up period ends March 21" at 5 p.m. Jim Buxton reported that audits are being completed and the budgeting process is starting. Chief Miller reported that he is waiting to hear from the contractor regarding the closure of West bound traffic from Trophy Club Drive. Bill LeGrand reported that he would be pressing on with curb and street repairs after contracts are signed. Donna Welsh reported that the Budget Policy questions deadline was January 31", and asked that those be turned in as soon as possible. B. COUNCIL MEMBERS Council Member Tweedie reported the DPS Board is doing an internal audit of all operating procedures. Council Member Smith had questions regarding Marshall Creek Road. Bill LeGrand reported that design and cost estimates would be to us in March. Council Member Smith thanked Darin Davis and Teensie Wellborn for their volunteerism. Council Member Smith also stated that the Town might want to have a sign, like Keller's, on Highway 1709. Mr. Gene Hill explained that there is a sign in the site plan. Council Member Huizenga asked questions regarding sidewalks on the Regency Property, if there would be a Walgreens and about the temporary road. Council Member Huizenga also asked about the budgeting process and if we were starting with the present budget and working with that. Council Member Matthai asked about shields on the lights at the Regency Tom Thumb and where are the trees? Council Member Matthai announced Harmony Park is to be completed in March and that soccer season starts this weekend, port -a -potties are installed for use. Council Member Matthai also reported that the Roanoke overpass is falling and asked if it will be repaired. ADJOURN. Council Member Huizenga made a motion to adjourn at 9:05 p.m. Mayor Pro Tem Edstrom seconded, motion carried unanimously. �A ATTEST: ?H % �21A'uAT� 4 ,llliorG, �lX�f/l/l�i� Town ecretaq'-1yown of Trophy Club, Texas c� ,d Mayor, Town of Trophy Club, Texas 4 ,llliorG, �lX�f/l/l�i� Town ecretaq'-1yown of Trophy Club, Texas