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Minutes P&Z 02/27/2003 - Special SessionMINUTES OF A SPECIAL SESSION FOR THE PLANNING & ZONING COMMISSION TOWN OF TROPHY CLUB 27 FEBRUARY 2003 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Special Session meeting 27 February 2003, at 5:30 pm in the Public Works Conference Room of the Public Works Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Vice Chairman Gilliland Commissioner Ashby Commissioner Reed Commissioner Rodgers Commissioner Sheridan Commissioner Stephens STAFF AND GUESTS PRESENT: Kerin C. Fleck David Cunningham present excused present present excused present absent Planning & Zoning Coordinator Midwest Commercial Realty CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 5:30 pm, and announced a quorum was present. 2. PRESENTATION, DISCUSSION AND APPROPRIATE ACTION RELATIVE TO AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2001-21 P&Z OF THE TOWN, GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB, TEXAS BY AMENDING SECTION 7.2, ENTITLED "PERFORMANCE BONDS, PAYMENT BONDS, MAINTENANCE BONDS & FINANCIAL ASSURANCES" OF ARTICLE 7, ENTITLED "DEVELOPER'S AGREEMENT, FINANCIAL ASSURANCE AND CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS" BY ADDING SUBSECTION (6) "THIRD PARTY ASSURANCES" TO SECTION 7.2 IN ORDER TO PROVIDE AN ALTERNATIVE FINANCIAL ASSURANCE METHOD; PROVIDING THAT ALL OTHER PROVISIONS OF SECTION 7.2 AND ARTICLE 7 REMAIN UNAFFECTED; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING SAVINGS; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. (AMD -03- 011) N:\kfleck\Private\PLANNING & ZONING\ MINUTES\ 2003\ FEB\02272003 SPEC SESSION.doc Planning & Zoning Commission Special Session Meeting 27 February 2003 Chairman Hill read the caption into the record. Chairman Hill went on to brief the Commission on the history of the amendment request. Mr. Cunningham addressed the Commission. Under the provisions of the proposed amendment, the general contractor will be awarded the contract and will be responsible for putting up all the bonds (payment, maintenance and performance). The developer and the Town will be listed on the bonds a dual obligees. By executing the bonds in this manner the developer will be covered as the initial owner and the Town will be covered as the eventual owner, Commissioner Ashby stated that the verbiage is typical for developer agreements. Commissioner Reed had no comments. Commissioner Sheridan had no comments. Commissioner Ashby asked what percentage of coverage the bonds would be for. Ms. Fleck stated the bonds are required to be for 100 percent of the value. A motion was made to recommend approval of the amendment, as written. Motion: Sheridan Second: Reed Ayes: Hill, Ashby Nays: None Action: 4-0 Motion carried. This item will be on the Town Council agenda at their 3 March 2003 meeting. 3. REVIEW AND APPROVE MINUTES: A. 20 FEBRUARY 2003 A motion was made to approve the minutes, as written, Motion: Reed Second: Sheridan Ayes: Hill, Ashby Nays: None Action: 4-0 Motion carried. 4. ADJOURNMENT. Chairman Hill adjourned the meeting at approximately 5:45 pm. NAkfieckTrivateTLANNING & ZONING\MINUTES\2003\FEB\02272003 SPEC SESSION.doc [7/10/03 6:27:59 PM] i�A Planning & Zoning Commission Special Session Meeting 27 February 2003 '---G�e'Hill, 'Ch'alrrna� rin C. Fleck, Planning I& Zoning Coordinator N:\kfIeck\Private\PLANNING & ZONING\MINUTES\2003\FEB\02272003 SPEC SESSION.doc [7/10/03 6:27:59 PM] Page 3