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Minutes TC 05/02/2005MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS Monday,May 2,2005 7 :00 P.M. STA TE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club,Texas,met in Public HearingJRegular Session on Monday,May 2,2005. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Scott Spence Susan Edstrom Roger Williams Beverly Foley Pam Cates Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member STAFF AND GUEST(S)PRESENT: Donna Welsh Lisa Ramsey Beth Ann Gregory Patricia Adams Adam Adams Randy Briggs Kerin Fleck Town Manager Interim Town Secretary Community Development Director Town Attorney Parks and Recreation Director Police and Fire Services Director Planning and Zoning Coordinator A.l Town Council to call to order and announce a quorum. Mayor Smith called the Public HearingJRegular Session to order at 7:05 p.m.noting a quorum was present. A.2 Invocation. Randy Briggs gave the invocation. A.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." Trophy Club Law Enforcement Post 953 Posted the Colors and led the pledges. *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 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. Kathleen Wilson,34 Meadowbrook addressed Town Council. B.l B.2 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. Mayor Smith reiterated that this agenda item is strictly for Council and Staff updates and not a time for discussion.Mayor Smith also advised Town Council that if discussions continued this item would be removed from future agendas. Updates were provided by staff and Council. Discuss and take appropriate action in regard to a Proclamation to recognize outstanding achievement by the Trophy Club Law Enforcement Post 953,who represented our town and who by their participation in the State of Texas 2005 Law Enforcement Competition,bring high honor to the Town and to all of our residents; recognizing and congratulating them on their achievements. Mayor Smith congratulated Post 953 on a job well done.He also thanked the staff and the parents of the explorers who dedicate so much time to program. Council Member Edstrom moved to approve.Council Member Williams seconded;motion carried unanimously. B.3 Council convened into Public Hearing at 7:30 p.m. PUBLIC HEARING C.1 Public Hearing:An amendment to Zoning Ordinance No.2000-06 P&Z by repealing Article 5,Section 35, entitled "Accessory Structures",in its entirety and adopting a new Section 35,entitled "Accessory Structures".(AMD-05-018) There were no speakers. Town Council reconvened into Regular Session at 7:35 P.M. *REGULAR SESSION D.1 Discuss and take appropriate actions regarding an amendment to Zoning Ordinance No.2000-06 P&Z by repealing Article 5,Section 35,entitled "Accessory Structures",in its entirety and adopting a new Section 35, entitled "Accessory Structures".(AMD-05-018) Council Member Edstrom moved to approve.Council Member Foley seconded;motion carried unanimously. Discuss and take appropriate action regarding a resolution creating a Task Force to explore different ways to attract commercial retail services and promote economic development in the Town of Trophy Club. Bob Fair from EDC A and Amanda Foust from EDC B were present and both thanked Town Council for the opportunity to serve along with Council Member Cates on this Task Force. Council Member Williams moved to approve.Mayor Pro Tern Spence seconded;motion carried unanimously. D.2 D.3 Discuss and take appropriate action regarding an ordinance repealing Town Ordinance No.2004-12 &2004- 15,and adopting new provisions relating to the Town's Schedule of Fees. Council Member Foley moved to approve.Mayor Pro Tern Spence seconded;motion carried unanimously. D.4 Discuss and take appropriate action relative to a repeal of Town Ordinance No.2002-40 P&Z relating to Tree Preservation and Removal in its entirety,and adopting new provisions for Tree Preservation and Removal. Council Member Foley moved to approve.Mayor Pro Tern Spence seconded;motion carried unanimously. D.5 Discuss and take appropriate action relative to a request for Plat Amendment to lots 19 &20,block 2 of The Villas at Trophy Club.Applicant:David Baxter.(AP-05-003) Cyrus Holley,120 Oakmont Dr.addressed the Council. Council Member Edstrom moved to approve.Council Member Williams seconded;motion carried unanimously. D.6 Chief Briggs to provide an update to Town Council on the State Hwy 114 construction. Chief Briggs provided an update to Town Council in regard to State Hwy 114 construction. D.7 Town Manager to introduce 2005-06 preliminary budget. Donna Welsh presented the budget to Town Council and advised that discussion would take place at the May 23,2005 Budget Workshop. Andy Hayes 25 W.Hillside Place,addressed the Town Council. D.S Consent agenda:Discuss and take appropriate action in regard to a Proclamation declaring April 23,2005 as the 133rd anniversary celebration of Arbor Day in the Town of Trophy Club. D.9 Consent agenda:Discuss and take appropriate action to approve minutes dated April IS,2005. Council Member Edstrom moved to approve Consent Agenda D.8 -D.9.Mayor Pro Tem Spence seconded;motion carried unanimousl y. All matters listed as Consent Agenda 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. Town Council convened into Executive Session at 8:15 P.M. EXECUTIVE SESSION E.l Pursuant to Texas Government Code,Annotated,Subchapter 551,Section 551.071 (a)&(b)"Consultation with Attorney",the Town Council will enter into executive session to discuss the following: (A)Consultation with Attorney on pending or contemplated litigation or on a matter in which the duty of the Attorney to the Governmental Body under the Texas Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act (§551.071 (a)&(b»: (1)Perfection Homes Inc.and Mark Carr v.Town of Trophy Club No.2003-50345-367. Town Council reconvened into Regular Session at 8:51 P.M. *REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number El. Council Member Edstrom made a motion to have the Town Attorney proceed as discussed in executive session.Mayor Pro Tem Spence seconded;motion carried unanimously. F.l Adjourn. Council Member Foley moved to adjourn at 8:52 p.m.Council Member Williams seconded;motion carried unanimously. *The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 c~~ Mayor,Town of Trophy Clubd0YRCi{lJ;)z" InterimTown Secretary j