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Minutes TC 04/16/2001MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB APRIL 16, 2001 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in Regular Session on Monday, April 16, 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 Matthai Council Member Scott Smith Council Member Barb Tweedie Council Member left meeting at 8:45 p.m. STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Jim Buxton Finance Director Bill LeGrand Director of Public Works Randy Briggs DPS Lieutenant Patricia Adams Town Attorney Kerin Fleck Planning and Zoning Coordinator Dan Boutwell Town Planner Gene Hill Planning and Zoning Chairman CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the Regular Meeting to order at 7:30 p.m., noting a quorum was present. INVOCATION: Mr. Dan Boutwell gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Lt. Briggs 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: Dave Robison of 2 Crickett Court addressed the Council. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING: Mayor Pro Tem Edstrom made a motion to convene into the Public Hearing at 7:37 p.m. Council Member Matthai seconded, motion carried unanimously. Page 2 PUBLIC HEARING AND REGULAR SESSION April 16, 2001 PUBLIC HEARING TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO THE FOLLOWING: 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 REPEALING THE FOLLOWING SECTIONS: SECTION 42 OF ARTICLE 5, TRANSMITTING AND RECEIVING ANTENNAS AND ANTENNA FACILITIES IS HEREBY REPEALED IN ITS ENTIRETY AND A NEW SECTION 42, ENTITLED WIRELESS ANTENNAS AND ANTENNA FACILITIES, IS HEREBY ADOPTED; PROVIDING A PURPOSE; PROVIDING DEFINITIONS HEREIN; PROVIDING FOR APPLICABILITY/GENERAL REGULATIONS; ESTABLISHING PROVISIONS RELATIVE TO AMATEUR RADIO AND TV ANTENNAS, ESTABLISHING PROVISIONS RELATIVE TO SATELLITE RECEIVE -ONLY ANTENNAS GENERALLY; ESTABLISHING PROVISIONS FOR SATELLITE RECEIVE -ONLY ANTENNAS GREATER THAN ONE METER IN DIAMETER; PROVIDING FOR THE PLACEMENT OF ANTENNA FACILITIES; PROVIDING ANTENNA FACILITY IMPACT LEVELS; PROVIDING AN ANTENNA FACILITY SITING MATRIX; PROVIDING FOR CONDITIONAL USE PERMITS; REQUIRING A WRITTEN REPORT; AND ESTABLISHING PROVISIONS FOR APPEAL; AND ARTICLE 6, CONDITIONAL USE PERMIT, SECTION 44 SUBSECTION "J" ENTITLED PERIOD OF VALIDITY IS HEREBY REPEALED AND NEW PROVISIONS ARE ADOPTED FOR THE PERIOD OF VALIDITY FOR A CONDITIONAL USE PERMIT; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER 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. TOWN COUNCIL TO CLOSE PUBLIC HEARING: Council Member Smith made a motion to close the Public Hearing. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION: Council Member Matthai made a motion to reconvene into Regular Session at 7:38 p.m. Council Member Tweedie seconded; motion carried unanimously. REGULAR SESSION 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 REPEALING THE FOLLOWING SECTIONS: SECTION 42 OF ARTICLE 5 TRANSMITTING AND RECEIVING ANTENNAS AND ANTENNA FACILITIES IS HEREBY REPEALED IN ITS ENTIRETY AND A NEW SECTION 42 ENTITLED WIRELESS ANTENNAS AND ANTENNA FACILITIES, IS HEREBY ADOPTED; PROVIDING A PURPOSE; PROVIDING DEFINITIONS HEREIN; PROVIDING FOR APPLICABILITY/GENERAL REGULATIONS; ESTABLISHING PROVISIONS RELATIVE TO AMATEUR RADIO AND TV ANTENNAS, ESTABLISHING PROVISIONS RELATIVE TO SATELLITE RECEIVE -ONLY ANTENNAS GENERALLY; ESTABLISHING PROVISIONS FOR SATELLITE RECEIVE -ONLY ANTENNAS GREATER THAN ONE METER IN DIAMETER; PROVIDING FOR THE PLACEMENT OF ANTENNA FACILITIES; PROVIDING ANTENNA FACILITY IMPACT LEVELS; PROVIDING AN ANTENNA FACILITY SITING MATRIX; PROVIDING FOR CONDITIONAL USE PERMITS; REQUIRING A WRITTEN REPORT; AND ESTABLISHING PROVISIONS FOR APPEAL; AND ARTICLE 6 CONDITIONAL USE PERMIT SECTION 44 SUBSECTION "J" ENTITLED PERIOD Page 3 PUBLIC HEARING AND REGULAR SESSION April 16, 2001 OF VALIDITY IS HEREBY REPEALED AND NEW PROVISIONS ARE ADOPTED FOR THE PERIOD OF VALIDITY FOR A CONDITIONAL USE PERMIT; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,000.00) 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 bring this agenda item to the floor for discussion. Council Member Matthai seconded; motion carried unanimously. Mr. Gene Hill explained that previously an application regarding antennas had brought out shortcomings of the current ordinances. The Planning and Zoning Commission unanimously recommend the amendments. Dan Boutwell, Town Planner, wanted to encourage the stealth type technology without having to go through the Conditional Use Permit process. Mayor Pro Tem Edstrom made a motion to approve the Ordinance with amending Section 7.2, subsections e and f to read: e. The zoning district and the adjoining zoning districts of the property for which Conditional Use Permit is sought; I. The unique conditions that govern reasonable reception on the antenna facility on any given lot; and Council Member Matthai seconded; motion carried unanimously. Agenda item 11 was moved forward: TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REQUESTING THAT THE TEXAS DEPARTMENT OF TRANSPORTATION EXPEDITE ITS PLAN FOR THE WIDENING OF STATE HIGHWAY 114 FROM INTERSTATE 35W TO HIGHWAY 257; AND PROVIDING AN EFFECTIVE DATE. Commissioner Carter was present and explained that this is a low priority item for TxDot because that area is divided for service between TxDot Dallas and Denton TxDot. Denton County will be letting a contract in the next week or so on the construction design and environment assessment that has to go on before construction begins. What we want to do is get the road ready for construction and implementation in case another project that TxDot Dallas feels like its more important but falls out of bed in the funding and is still available. We made a presentation to TxDot, Dallas Coalition and State Highway 114 in Austin a few weeks ago and we hope to get SH 114 moved up in the letting schedule. The County is going ahead with the engineering studies and environmental assessment. This should be completed within a year. When that's completed, if one of the other projects falls out that TxDot has, we can slide in, right now we're probably looking at no sooner than letting schedule in 2003. You have to understand that it's a very high important project for us and to remain a fundable project. The overall scheme of traffic in the metroplex, it probably is not. In TxDot's mind, they look at the number of cars and they look at 35 and 635 and those other roads that have at tremendous amount more transportation requirements that 114. It continues to be important. At one time it was one project from 35W to the County line. We have asked TxDot, and they have agreed to break it into two projects from 35W to 156 and 156 to the County line because it seems there have been some disagreements between the two parties that have frontage between 35W and 156. "I didn't want there to be a concern to get in the way of getting the other part of the road completed. I'm asking all the cities in the Northwest Communities Partnership to pass similar resolutions that you have passed tonight. I certainly appreciate this. It does carry weight and he will package these up and lay them on the proper desk of the people. I have an appointment next week with the chairman of TxDot and two members of the Northwest Communities partnership. Subject of the meeting is State Highway 114." Page 4 PUBLIC HEARING AND REGULAR SESSION April 16, 2001 Council Member Matthai made a motion to approve the Resolution with the amendment to paragraph two to read: WHEREAS, State Highway 114 west of I35 is a major highway that remains a two-lane road and development in the Metroplex continues to cause an increase in use of this transportation corridor; May Pro Tcm Edstrom 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 LEWIS EDITORIAL REVIEW BOARD — GENE HILL Gene Hill shared that most of the May issue's articles are in the process of being edited and the final review will be next Monday at 8:00 a.m. The paper has been increased to 16 pages for this issue and will include the Council and School Board candidates' statements. PLANNING & ZONING COMMISSION- GENE HILL Gene Hill reported that the Commission will have a Public Hearing on Sign Ordinance PD 13 The Village. The Commission is reviewing the Town Ordinance 1998-08, Subdivision Regulations. INFORMATION TECHNOLOGY COMMITTEE — JIM BEST No Report. WAYS AND MEANS COMMITTEE — DAVID NEAL Jim Buxton let the Council know that the Committee will be meeting on Monday April 26". COMMISSIONER'S COURT REPORT— BILL LEWIS No report. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO AMEND THE TOWN'S Council Member Tweedie made a motion to bring this agenda item to the floor for discussion. Mayor Pro Tem Edstrom seconded; motion carried unanimously. Council Member Huizenga made a motion to approve as written with the amendment adding before "Based upon" the language with the exception of the Planning and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards and then the language that is written. The paragraph now reads: Applicants for boards, commissions or committees must be registered voters. Boards and Commission members must be a Trophy Club resident for at least six months as well as a registered voter prior to their appointment. With the exception of the Planning and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards, based upon good cause shown, Council may waive the voter registration requirement for a person appointed to a Board, Commission, or Committee that does not make recommendations for Council approval. Council Member Matthai seconded; motion carried unanimously. Page 5 PUBLIC HEARING AND REGULAR SESSION April 16, 2001 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. SPECIAL SESSION MINUTES DATED APRIL 2, 2001 B. REGULAR SESSION MINUTES DATED APRIL 2, 2001 C. PROCLAMATION NATIONAL DAY OF PRAYER MAY 3, 2001 Mayor Pro Tem Edstrom made a motion to approve the consent agenda items as written. Council Member Huizenga seconded, motion carried unanimously. REPORTS AND COMMENTS A. STAFF Donna Welsh explained that in regard to the CIA Pool, Public Works did not deny the pool because it was not a Class A pool. Plans came to Public Works in late March and they were incomplete, they were missing a schematic of the piping and chlorine filters. All along the community was under the impression that they were getting a competition pool. Jim Buxton clarified a newspaper article that came out this past weekend stating that last year's budget was $125,000 over budget — it was actually $147,000 under budget. Lt. Briggs reported that Director Miller and Chief Tucker are both doing better. The Court of Record bill is out of Committee. Diane Cockrell reminded the Council that Early Voting starts Wednesday, April 18's and also discussed the canvassing of the election with the Council. B. COUNCIL MEMBERS Mayor Engelbeck reminded all that the Arbor Day Celebration will be Friday April 27" at 6:30 p.m. He also reported that Noe Barrios, of Representative Mary Denny's office, assisted us with the bill allowing the right to vote regarding the Wet/Dry Election and that Boeing Headquarters may be moving to the area. Mayor Pro Tem Edstrom asked Bill LeGrand about stops signs for the Lakes, school zone signals and light covers at the Tom Thumb Plaza. Council Member Matthai asked about the DPS looking into the COP'S grants being phased out. ADJOURN Mayor Pro Tem carried unanimo ATTEST: 7 1985, to adjourn at 9:02 p.m. Council Member Huizenga seconded, motion Letoe Town Secretary, To t of Trophy Club, Texas Mayor, Town of Trophy Club, Texas