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Minutes TC 10/01/2001MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB OCTOBER 1, 2001 STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas met in Regular Session on Monday, October 1, 2001. The meeting was held within the boundaries of the Town and was open to the public. 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 TOWN COUNCIL MEMBERS ABSENT: Roger Williams STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Al Milligan Bill LeGrand David Miller Patricia Adams Gene Hill Council Member Town Manager Town Secretary Finance Director Director of Public Works Director of DPS Town Attorney Planning and Zoning Chairman CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Smith called the Regular Session to order at 7:32 p.m., noting a quorum was present. INVOCATION: Mr. Jim Carter gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mr. Al Milligan 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. There were no presentations made. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING: The Town Council convened into the Public Hearing at 7:35 p.m. Page 2 REGULAR SESSION October I, 2001 PUBLIC HEARING TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO AN APPLICATION FOR A REVISION TO THE SITE PLAN FOR MEDLIN MIDDLE SCHOOL, BEING APPROXIMATELY 16.942 ACRES ON PROPERTY LEGALLY DESCRIBED AS LOT 1, EAST CAMPUS ADDITION, AN ADDITION TO THE TOWN OF TROPHY CLUB, DENTON, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET O, PAGE 263, PLAT RECORDS, DENTON COUNTY, TEXAS. (APPLICANT: CADENCE MCSHANE CORPORATION; SP -01-002) Planning and Zoning Commissioner Gene Hill explained that NISD's plans for an addition and renovation to the Medlin Middle School, will result in construction outside two areas defined on the final plat currently located in the Denton County records. Consequently a replat is required for this project. In preparation for this Public Hearing and in order to expedite the hearing process, Town staff and Commissioner Hill met with NISD and contractor representatives on September 6"i, following that meeting, sufficient information required by the Town for a replat was available to the commissioners at the September 20°i meeting. The motion to recommend the site plan revision to the Town Council was passed with a unanimous vote. Mr. Richard Flores, SH W Group, was present to answer any questions TOWN COUNCIL TO CLOSE THE PUBLIC HEARING. The Town Council closed the Public Hearing at 7:39 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION The Town Council reconvened into Regular Session at 7:39 p.m. REGULAR SESSION TOWN COUNCIL TO HEAR A PRESENTATION AND DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO AN APPLICATION FOR A REVISION TO THE SITE PLAN FOR MEDLIN MIDDLE SCHOOL, BEING APPROXIMATELY 16.942 ACRES ON PROPERTY LEGALLY DESCRIBED AS LOT 1, EAST CAMPUS ADDITION, AN ADDITION TO THE TOWN OF TROPHY CLUB, DENTON, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET O, PAGE 263, PLAT RECORDS, DENTON COUNTY, TEXAS. (APPLICANT: CADENCE MCSHANE CORPORATION; SP -01-002) Mayor Pro Tem Edstrom moved to approve the revision to the site plan. Council Member Matthai seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A TEMPORARY USE PERMIT FOR A CONSTRUCTION OFFICE LOCATED AT 601 PARKVIEW DRIVE. (APPLICANT: CADENCE MCSHANE CORPORATION) Commissioner Hill reported that the Planning and Zoning Commission unanimously approved the temporary use permit. The permit will be valid until January 30, 2003, the temporary construction fence will enclose the compound, and no parking on Parkview and the sign will say Cadence McShane. Mr. Brandon Perdue of Cadence McShane was present to answer any questions. Council Member Matthai made a motion to approve the temporary use permit with stipulations. Mayor Pro Tem Edstrom seconded; motion carried unanimously. STATE REPRESENTATIVE MARY DENNY TO PRESENT A LEGISLATIVE UPDATE TO THE TOWN COUNCIL; TOWN COUNCIL TO DISCUSS SAME. Page 3 REGULAR SESSION October 1, 2001 State Representative Mary Denny shared that she has represented District 63 for nine years and she is in her fifth term. Representative Denny explained the wet/dry election bill to allow a local option election in Trophy Club. The liquor and beer distributors' lobbyists opposed this bill; it is very important to identify our opposition early. The next legislative session starts January 2003. Representative Denny recommends that the Council appoint two to three people to a group or committee to work with her and her staff before the start of the next legislative session to work on a bill to allow for a wet/dry election in Trophy Club. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE WAIVER OF THE SURETY BOND REQUIREMENT IN ORDINANCE 2001-13 (RIGHT(S)-OF WAY ORDINANCE) FOR THE FOLLOWING UTILITY COMPANIES: A. SOUTHWESTERN BELL TELEPHONE B. TXU ELECTRIC AND GAS Donna Welsh stated that the Right(s)-of Way Ordinance requires franchises to pay a $25,000 bond. Ms. Linda Caram of Southwestern Bell addressed the Council. Council Member Huizenga asked Town Attorney Adams for input regarding being insured against liability if a new company coming into town would be required to put up a bond conditional on one year of service then to waive the surety bond requirement. Town Attorney Adams replied that the State Telecommunication law requires that there is no discrimination shown to new companies coming into the Town. The Council needs to set a standard that everyone can qualify. Mr. Fred Guerra of Southwestern Bell, Mr. A.Z. Drones of TXU and Mr. Win Colbert of TXU addressed the Council. Council Member Spence made a motion to approve. No second made, motion died. Mayor Pro Tem Edstrom made a motion to approve Southwestern Bell, and approve TXU Electric & Gas pending approval of the Utility Franchise Committee, waivers being granted upon consideration of their history in the community, consideration of the insurance being in place, consideration of the fact of the financial stability of the company and the consideration of being an existing franchise. Council Member Huizenga seconded; motion carried unanimously. DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE ACCEPTANCE OF THE FISCAL YEAR 2001-2002 DEPARTMENT OF PUBLIC SAFETY BUDGET AS ADOPTED BY THE DEPARTMENT OF PUBLIC SAFETY BOARD ON SEPTEMBER 25, 2001 AND POTENTIAL CONTRACT IMPLICATIONS. Council Member Matthai made a motion to table this agenda item. Mayor Pro Tem Edstrom seconded; motion carried unanimously. Donna Welsh shared that a presentation will be made on October 16"', hosted by the Trophy Club and Westlake Councils and MUDS. REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT) A. WAYS AND MEANS COMMITTEE • Previous meeting discussion and action — No report. B. ECONOMIC DEVELOPMENT CORPORATION B 0 Previous meeting discussion and action - No report. Page 4 REGULAR SESSION October 1, 2001 C. EDITORIAL REVIEW BOARD • Previous meeting discussion and action Mr. Gene Hill shared that the Board met earlier today to discuss the November issue. D. PARKS AND RECREATION COMMITTEE • Previous meeting discussion and action Mr. Billy Hughes reported that the Committee just completed new member orientation. The Committee is working on the construction of the new pool in Trophy Club and supporting Town staff. Mr. Hughes also stated that the Committee has no future need for applicant resumes. The Committee agrees with the lease for Beck Park and the new park name — Beck Park. E. PLANNING AND ZONING COMMISSION • Previous meeting discussion and action Commissioner Gene Hill shared that Planning and Zoning is working on a number of items, including those on the agenda for this meeting. Additional projects are PD 16 — The Knoll, a special meeting is planned for Thursday, October 25`h at 6:30 p.m. and the Commission is revising the Sign Ordinance, Ord. 1999-13. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO AUTHORIZE THE REMOVAL OF JAMES L. BUXTON FROM AND THE ADDITION OF AL MILLIGAN TO BANK RESOLUTIONS AUTHORIZING THE SIGNATURE OF CHECKS FOR TOWN ACCOUNTS. Mr. Al Milligan explained that in order to continue the daily operations, he will need to be added to the Bank Resolutions authorizing him to sign checks. Council Member Huizenga made a motion to authorize the removal of James L. Buxton and adding Al Milligan to the Bank Resolutions. Council Member Spence seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPROVAL OF A LEASE AGREEMENT FOR PARK LAND BETWEEN THE TOWN OF TROPHY CLUB AND BECK PROPERTIES TROPHY CLUB, LP, AND AUTHORIZING THE MAYOR TO EXECUTE THE LEASE FOR SAME. Donna Welsh shared that it has been requested that the park's name be changed to Beck Park. Mayor Pro Tem Edstrom made a motion to approve the lease agreement. Council Member Huizenga 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 SEPTEMBER 17, 2001 B. SPECIAL SESSION MINUTES DATED SEPTEMBER 21, 2001 C. TOWN COUNCIL TO ADOPT A RESOLUTION APPROVING THE TAX ROLL OF THE DENTON CENTRAL APPRAISAL DISTRICT. Council Member Matthai asked to remove the September 17, 2001 Regular Session minutes from the consent agenda. Mayor Pro Tem Edstrom made a motion to approve the Special Session minutes dated September 21, 2001 and the Resolution approving the Tax Roll as written. Council Member Huizenga seconded; motion carried unanimously. Council Member Matthai made a motion to approve the Regular Session minutes dated September 17, 2001 as amended. Mayor Pro Tem Edstrom seconded; motion carried unanimously. Page 5 REGULAR SESSION October 1, 2001 The amended regular session minutes dated September 17, now reads: Page 6, Information Technology Committee Council Member Matthai reported that the Information Technology Committee will be meeting on September 24°i and is lookine at committee annlication process. COUNCIL AND STAFF REPORTS: A. COUNCIL MEMBER MATTHAI • Ask for East Entrance Update • Roanoke Library Funding Council Member Matthai asked for the latest information regarding Sabre closing TW King. Donna Welsh replied that Sabre/EDS will require even more security as a result of the September I I°i terrorist attack. To date, the Town has spent $23,000 and the attorney says we have no standing in the matter. Council Member Matthai asked if the Town would have any notification to residents to inform them of the closure on December 1, 2007, Roanoke Council Members have approached Council Member Matthai regarding funding for the Roanoke Library. B. BILL LEGRAND • Update on Current and Future Public Works Projects • Update on CIA Pool Bill LeGrand spoke in regard to the Marshall Creek extension; the extension originally was to be constructed to include a bypass road. NISD stated that the bypass would conflict with their remodel. A public meeting is scheduled for October 9 at 7:00 p.m. regarding the Summit Cove street reconstruction project. The engineers and public works committee will be present. The Town will go out for bids in November and the construction will start in January 2002 and be completed May -June 2002. The next scheduled projects will be Edgemere and Woodland. The cabana and parking lot for the CIA pool have been approved. There has not been sufficient information given to approve the pool. C. PAUL ROSENBERGER • 10 acre park Diane Cockrell shared the 10 Acre park status with the Council. The park plans and specifications have been submitted to Texas Parks and Wildlife (TPW) and Texas Accessibility Standards Division (ADA). TPW has completed their review of the plans and the appraisals of the property that is to be acquired. Several appraisal questions developed and the questions have been faxed to the appraiser for answering. After the completion of the appraisal questions, Texas State Accessibility Standards (TAS) and TPW reviews and approves, the Town will then be in a position to begin the acquiring process from The Lakes Homeowners Association. The Town attorney, Patricia Adams, is developing legal documents for this acquisition. The TRA permit has been signed and returned to the authority. After TRA signing, the permit will be in force. Pending TAS and TPW approval, the intent is to begin the construction process in early 2002. In a nutshell, we are on hold. D. BEN BREWSTER • DPS Update — No report. Page 6 REGULAR SESSION October 1, 2001 ADJOURN. Mayor Pro Tem Edstrom made a motion to adjourn at 10:09 p.rn. cil Member Huizenga seconded; motion carried unanimously, �1 G {t ATTEST. l Town Secretary, T wn of Trophy Club, Texas Club, Texas