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Minutes TC 08/17/1993MINUTES OF JOINT SESSION WITH PLANNING AND ZONING COMMISSION/TOWN COUNCIL MEETING TROPHY CLUB, TEXAS AUGUST 17, 1993 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a Joint Session with the Planning and Zoning Commission, August 17, 1993. The meeting was held within the boundaries of the Town and was open to the Public. Council Members Present: Jim Carter Mayor Marshall Engelbeck Council Member Doug Glaspell Council Member Gene Hill Mayor Pro Tem Cotton Moore Council Member Patti Stoltz Council Member Planning and Zoning Commission Members Present: Mike Hamper Vance Booker Janet Kardish Bob Paige David Schaaf Roger Williams Chairman Vice -Chairman Commissioner Commissioner Commissioner Commissioner Commissioner Kirby was not able to attend. Also present were guests and staff members: Donna Welsh Town Manager John Hill Town Attorney Dan Boutwell Town Planner Pauline Shaw Director of Public Works Don Franklin Chief of Police Worth Blake Bond Committee Chairman Mark Hamil Highland Homes Representative Karen Sadri Town Secretary CALL TO ORDER Mayor Carter called the meeting to order at 7:00 p.m. noting a quorum was present. He then welcomed Council Members, guests, staff, and extended special regards to Chairman Mike Hamper for returning after his lengthy illness. INVOCATION Page 2, Joint Public Hearing/Town Council Meeting, 08/17/93 An Invocation was given by Council Member Cotton Moore. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS The pledge of allegiance to the American and Texas Flags was led by Planning and Zoning Chairman Mike Hamper. PRESENTATIONS BY CITIZENS No one wished to address the Council. WORTH BLAKE, CHAIRMAN OF THE BOND COMMITTEE TO UPDATE COUNCIL ON FUTURE CAPITAL IMPROVEMENTS. After introducing other committee members, Chairman Blake reported the following survey results: Trophy Club citizens strongly support the capital improvements of street and drainage Indicate a sense of urgency due to lower interest rates and construction costs Constructing now would offset future damage Favor a $3.5 million 20 year bond Admitting hard work is still ahead, the Bond Committee recommends to set an election for Saturday, November 13, 1993 to include both improvements in the bond. TOWN COUNCIL TO CONTINUE A PUBLIC HEARING JOINTLY WITH THE PLANNING AND ZONING COMMISSION, WHICH JOINT PUBLIC HEARING WAS CONTINUED FROM FEBRUARY 16, 1993, TO CONSIDER THE FOLLOWING: A. AMENDING THE TEXT OF THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 91-01, AS SET FORTH AND DESCRIBED IN PARAGRAPH I.C. OF THE PUBLIC NOTICE OF THE PUBLIC HEARING FOR FEBRUARY 16, 1993, WHICH PUBLIC NOTICE IS ATTACHED HERETO. Chairman Hamper of the Planning and Zoning Commission called that meeting to order at 7:18 p.m. noting a quorum was present. Commissioner Schaaf made a motion to open the Joint Public Hearing. Commissioner Williams seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to open the Joint Public Hearing for purposes stated above. Council Member Glaspell seconded; motion passed unanimously. Page 3, Joint Public Hearing/Town Council Meeting, 08/17/93 After a lengthy discussion both Town Planner, Dan Boutwell and Town Attorney, John Hill agreed to provide a summary of changes regarding the definitions and sections 34 through the end of the zoning ordinance. A copy of the summary is attached to these minutes. No one wished to address Public Hearing. TOWN COUNCIL TO CLOSE PUBLIC HEARING OF CONTINUE THE PUBLIC HEARING TO A DATE CERTAIN. Commissioner Williams made a motion to close the Joint Public Hearing amending the text of the Comprehensive Zoning Ordinance. Commissioner Paige seconded; motion passed unanimously. Mayor Pro Tem Hill then made a motion to close the Joint Public Hearing. Council Member Moore seconded; motion passed unanimously. JOINT MEETING WITH PLANNING AND ZONING COMMISSION Commissioner Williams made a motion to recommend that the Town Council adopt the amended text of the Comprehensive Zoning Ordinance, Ordinance No. 91-01 to include current changes. vice-chairman Vance seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER TAKING ACTION ON THE RECOMMENDATION FROM THE TOWN PLANNING AND ZONING COMMISSION AMENDING THE TEXT OF THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE 91-01, AS SET FORTH AND DESCRIBED IN THE PUBLIC NOTICE OF THE PUBLIC HEARING ATTACHED HERETO. Mayor Pro Tem Hill then made a motion to accept the Planning and Zoning Commission recommendation of amending the text of the Comprehensive Zoning Ordinance, Ordinance No. 91-01, including the changes. Council Member Moore seconded, motion passed unanimously. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 91-03 OF THE TOWN, THE SAME BEING THE SUBDIVISION REGULATIONS OF THE TOWN, BY (1) AMENDING SECTION 6.14 RELATING TO STREETS BY ADDING A NEW PARAGRAPH V TO REQUIRE THAT, ALONG PRIMARY COLLECTOR STREETS, NO BUILDING OR STRUCTURE SHALL BE ERECTED OR INSTALLED WITHIN 15 FEET OF THE STREET RIGHT-OF-WAY, A MASONRY WALL NOT LESS THAN SIX (6) FEET BE CONSTRUCTED, AND CERTAIN MINIMUM LANDSCAPING BE PROVIDED, (2) REVISING IN ITS ENTIRETY SECTION 6.16 RELATING TO STORM DRAINAGE REQUIREMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Page 4, Joint Public Hearing/Town Council Meeting, 08/17/93 After a discussion period Commissioner Schaaf made a motion to recommend that the Town Council adopt Ordinance No. 91-03 as amended. Commissioner Williams seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to accept the Planning and Zoning recommendation to adopt Ordinance No. 91-03 as amended. Council Member Engelbeck seconded, motion passed unanimously. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 91-02, RELATING TO THE ADOPTION OF DESIGN STANDARDS FOR PAVING, DRAINAGE AND UTILITY IMPROVEMENTS, BY REVISING IN ITS ENTIRETY SECTIONS XV RELATING TO STORM DRAINAGE AND APPURTENANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. After a brief discussion Commissioner Schaaf made a motion to recommend that the Town Council amend Ordinance 91-02 as presented. Commissioner Williams seconded; motion passed unanimously. Mayor Pro Tem. Hill made the motion to accept the Planning and Zoning recommendation of amending Ordinance 91-02. Council Member Glaspell seconded; motion passed unanimously. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 92-04 OF THE TOWN RELATING, TO THE ADOPTION OF THE UNIFORM BUILDING CODE AND OTHER CODES, BY ADDING A NEW SECTION 8.A. REQUIRING THAT FOLLOWING THE ISSUANCE OF A PERMIT TO CONSTRUCT, ERECT OR INSTALL A BUILDING OR STRUCTURE OF OTHERWISE IMPROVE PROPERTY, BUT PRIOR TO THE INSPECTION BY THE TOWN OF SUCH BUILDING, STRUCTURE OR PROPERTY, STRUCTURE OR FACILITY, THE OWNER OR THE OWNER'S DESIGNATED REPRESENTATIVE SHALL SUBMIT TO THE TOWN A FORMS SURVEY SHOWING THE LOCATION ON THE GROUND OF THE STRUCTURE OR FACILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Commissioner Schaaf made a motion to recommend that the Town Council adopt Ordinance No. 92-04 as amended. Commissioner Williams seconded; motion passed unanimously. Mayor Pro Tem Hill them made a motion to adopt the Planning and Zoning recommendation of amending Ordinance No. 92-04. Council Member Glaspell seconded; motion carried unanimously. There being no further business, Commissioner Williams made a motion to adjourn the Planning and Zoning meeting at 8:35 p.m. Vice -Chairman Booker seconded; motion passed unanimously. Page S, Joint Public Hearing/Town Council Meeting, 08/17/93 ADJOURN JOINT PUBLIC MEETING WITH THE TOWN PLANNING AND ZONING COMMISSION. Mayor Pro Tem Hill made a motion to adjourn the joint Public Session with the Planning and Zoning Commission. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL MEETING CONSENT AGENDA The consent agenda deemed little deliberation. Mayor Pro Tem Hill made a motion to approve the consent agenda. Council Member Glaspell seconded, motion passed unanimously. The approved items are as follows: A. Minutes of the July 20, 1993 Joint Public Hearing B. Minutes of August 3, 1993 Joint Session C. Financial reports ending 07/31/93 D. A resolution of the Town Council of the Town of Trophy Club, Texas approving and adopting a contract between the Town and City of Westlake, Texas for the provision of emergency medical services by the Town to the City of Westlake; providing an effective date. E. A resolution of the Town Council of the Town of Trophy Club, Texas approving and adopting a contract between the Town and the City of Westlake, Texas for the provision of emergency law enforcement services by the Town to the City of Westlake; providing an effective date. TOWN COUNCIL TO CONSIDER GRANTING A MERITORIOUS EXCEPTION REQUEST TO HIGHLAND HOMES CONCERNING SIGN ORDINANCE 92-12. No discussion ensued after Representative Mark Hamil of Highland Homes explained the need of a welcome/thank you sign for the model home. Council Member Stoltz made the motion to grant the request to Highland Homes. Council Member Glaspell seconded; motion passed unanimously. Page 6, Joint Public Hearing/Town Council Meeting, 08/17/93 TOWN COUNCIL TO CONSIDER GRANTING A VARIANCE TO ORDINANCE 92-10 CONCERNING A SATELLITE DISH TO MR. ROY OBERG, 12 RIVIERA COURT. After some discussion Mayor Pro Tem Hill made a motion to table this consideration until the next Town Council meeting Thursday, September 9, 1993 so the owner can attend to answer questions. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION ON AN ORDINANCE RELATING TO THE CONTROL OF ANIMALS; DECLARING IT UNLAWFUL TO PERMIT ANIMALS TO RUN AT LARGE; AUTHORIZING THE IMPOUNDMENT OF DOGS AND CATS FOUND AT LARGE; PROVIDING FOR THE KILLING, IMPOUNDING AND DESTRUCTION OF DANGEROUS ANIMALS; PROVIDING FOR THE PAYMENT OF IMPOUNDMENT FEES; PROVIDING REGULATIONS RELATING TO ADOPTION; PROVIDING REGULATIONS RELATING TO AN ANIMAL THAT BITTEN A PERSON; DECLARING IT UNLAWFUL TO KEEP OR HARBOR WILD ANIMALS; PROVIDING FOR THE VACCINATION OF ALL DOGS AND CATS; REQUIRING THE OWNER OF EACH DOG OR CAT TO ANNUALLY REGISTER THE ANIMAL WITH THE TOWN; PROVIDING FOR THE KEEPING OR POT BELLIED PRIGS AND FERRETS; PROVIDING FOR SANITARY CONDITIONS; DECLARING TI UNLAWFUL TO KEEP AN ANIMAL WHICH MAKES LOUD NOISES; DECLARING IT UNLAWFUL TO KEEP A VICIOUS ANIMAL; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 92-07 RELATING TO ANIMAL CONTROL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN EFFECTIVE DATE. After discussion about amending some ordinance wording, Mayor Pro Tem Hill made a motion to accept the ordinance relating to the control of animals. Council Member Stoltz seconded; motion passed unanimously. STAFF AND COMMITTEE REPORTS Nothing to report. PRESENTATIONS BY COUNCIL Nothing to present. EXECUTIVE SESSION The Town Council adjourned into Executive Session at 9:00 p.m. to discuss and consider committee/commission appointments. Page 7, Joint Public Hearing/Town Council Meeting, 08/17/93 OPEN SESSION Council reconvened into Tem Hill made a motion appointments. Council passed unanimously. A selections is attached open session at 9:44 p.m. Mayor Pro to approve the committee/commission Member Engelbeck seconded; motion copy of the committee/commission to these minutes. Mayor Pro Tem Hill made a motion to adjourn the meeting at 9:55 p.m. and to meet again on Thursday, September 9, 1993. Council Member Engelbeck seconded; motion passed unanimously RECORDING SECRETARY PLANNING AND ZONING SECRETARI - ------------ PLANNING AND ZON NG CHAIRMAN 1911-4000-605 I