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Minutes TC 06/06/1995MINUTES OF JOINT PUBLIC HEARING/TOWN COUNCIL MEETING TROPHY CLUB, TEXAS JUNE 6, 1995 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a Joint Public Hearing with the Planning and Zoning Commission on Tuesday, June 6, 1995. The meeting was held within the boundaries of the Town and was open to the Public. Council Members Present: Marshall Engelbeck Council Member Doug Glaspell Council Member Gene Hill Mayor Pro Tem Cotton Moore Council Member Patti Stoltz Council Member Mayor Carter was unable to attend due to speaking at Southlake's Council Meeting regarding the East Entrance. Planning and Zoning Commission Members Present: Mike Hamper Don Cotton Tom Mayfield David Schaaf Roger Williams Chairman Commissioner Commissioner Commissioner Commissioner Co -Chairman, Vance Booker, and Commissioner, Bob Paige, were unable to attend. Also present were guests and staff members: John Hill Town Attorney David Miller Interim Chief of Police Pauline Shaw Planning & Zoning Administrator Bill LeGrand Director of Public Works Karen Sadri Town Secretary Ann Zadeh Representative for Planning Resources Group Gary Terry Southwestern Bell Regional Manager Town Manager, Donna Welsh, attended the Southlake Council Meeting with Mayor Carter. Town Treasurer, Jack Jacobs, was unable to attend. CALL TO ORDER Mayor Pro Tem Hill called the meeting to order at 7:00 p.m. noting a quorum was present. He then welcomed Council Page 2, Joint Public Hearing/Town Council Meeting, 06/06/95 Members, Commissioners, staff and guests. He also explained the absences of Mayor Carter and Town Manager Welsh. INVOCATION An Invocation was given by Council Member Moore. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS The pledge of allegiance to the American and Texas Flags was led by Council Member Engelbeck. PUBLIC HEARING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS INSTRUCTING AND DIRECTING THE TOWN STAFF TO TAKE ALL NECESSARY LEGAL STEPS TO CALL A JOINT PUBLIC HEARING OF THE TOWN PLANNING AND ZONING COMMISSION AND TOWN COUNCIL FOR THE PURPOSE OF CONSIDERING CERTAIN AMENDMENTS TO SECTION 17 (SINGLE FAMILY RESIDENTIAL DISTRICT) AND SECTION 33 (TEMPORARY USES) OF THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 94-09, OF THE TOWN; PROVIDING AN EFFECTIVE DATE. Council Member Glaspell made a motion to accept the ordinance as stated. Council Member Engelbeck seconded; motion passed unanimously. At this time Mayor Pro Tem Hill recognized Gary Terry, South western Bell Telephone Regional Manager. He graciously presented to Council Member Stoltz a check in the amount of $ 1,000.00 to be used for the Town's 10th Birthday Party. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING: A. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY: (1) AMENDING SECTION 13 (TEMPORARY USES) BY ADDING CONSTRUCTION OFFICES AND REAL ESTATE OFFICES AS TEMPORARY USES, AND (2) REDUCING THE REAR YARD SETBACK REQUIREMENT IN THE R-10 SINGLE FAMILY RESIDENTIAL DISTRICT FROM 25 TO 20 FEET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. B. A PROPOSED REPLAT OF LOT 108, LAKE FOREST VILLAGE PHASE III. At 7:04 p.m. Chairman Hamper opened the Planning and Zoning meeting and noted a quorum was present. He then called for a motion to open the joint public hearing. Commissioner Cotton made a motion to open the joint public hearing as outlined on the agenda for the Planning and Zoning Commission. Commissioner Mayfield seconded; motion passed unanimously. Page 3, Joint Public Hearing/Town Council Meeting, 06/06/95 Then Council Member Glaspell made a motion to call the same meeting for the Town Council. Council Member Englebeck seconded; motion passed unanimously. Chairman Hamper requested Ms. Ann Zadeh explain the issues involved in the public hearing. For item A (1) she stated that the temporary use for real estate offices would be six months with a one time renewal and construction offices until completion of the project. On item A (2) her company did a Metroplex survey on rear yard requirements. The results ranged from 5 to 40 feet. She concluded that the 25 to 20 feet was an appropriate reduction for Trophy Club. Hap Baggett, V.P. of Beck Properties, Inc. informed the Council and Commission that his company was receiving more requests for 3000 sq. foot single story homes. Depending upon the plan this 20 foot rear yard setback could provide an additional 300 sq. foot to the house. Planning and Zoning Administrator Shaw added that she had received a letter of support from Sandlin Homes. Item B: Ken Eger of Coventry Homes requested that lot 108 be allowed to reduce the rear yard setback from 15 to 10 feet and the side yard from 20 to 15 to accommodate its irregular shape. TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN. Since no one else wished to speak at the public hearing, Commissioner Schaaf made a motion to close the joint public hearing. Commissioner Williams seconded; motion passed unanimously. Council Member Glaspell then made the same motion for the Town Council. Council Member Engelbeck seconded; motion passed unanimously. TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO RECONVENE INTO JOINT PUBLIC SESSION. At 7:15 p.m. Commissioner Cotton made a motion to reconvene into joint session. Commissioner Schaaf seconded; motion passed unanimously. Council Member Engelbeck then made the motion for the Town Council to reconvene into joint session. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER ADOPTING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 94-09, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY: (1) AMENDING SECTION 33 (TEMPORARY USES) BY ADDING CONSTRUCTION OFFICES AND REAL ESTATE OFFICES AS TEMPORARY USES, AND (2) REDUCING Page 4, Joint Public Hearing/Town Council Meeting, 06/06/95 THE REAR YARD SETBACK REQUIREMENT IN THE R-10 SINGLE FAMILY RESIDENTIAL DISTRICT FORM 25 TO 20 FEET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. After Chairman Hamper reminded everyone that this ordinance had 2 separate items, Commissioner Schaaf made a motion to recommend that the Town Council accept the ordinance as stated. Commissioner Cotton seconded; motion passed unanimously. The time frame for temporary use was restated, and Council Member Glaspell made a motion to accept the Planning and Zoning Commission's recommendation. Council Member Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER APPROVING A REPLAT OF LOT 108, LAKE FOREST VILLAGE PHASE III. Commissioner Mayfield made a motion to recommend that the Town Council approve a replat of Lot 108. Commissioner Williams seconded; motion passed unanimously. Council Member Glaspell then made a motion to accept the recommendation as it stands. Council Member Moore seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER ADOPTING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING SIGN REGULATIONS; PROVIDING DEFINITIONS; PROVIDING REGULATIONS RELATING TO THE TYPE, HEIGHT, LOCATION, SIZE AND DURATION OF USE OF SIGNS; ESTABLISHING STANDARDS IN THE USE OF POLITICAL, REAL ESTATE, SALE, PROTECTIVE, COMMERCIAL AND OTHER SIGNS; PROVIDING A PROCEDURE FOR A MERITORIOUS EXCEPTION TO THIS ORDINANCE; PROHIBITING THE ERECTION OF ANY SIGN NOT OTHERWISE AUTHORIZED AND PROVIDING THAT SIGNS PERMANENTLY AFFIXED TO THE GROUND ON THE EFFECTIVE DATE OF THIS ORDINANCE SHALL CONSTITUTE VALID, NON -CONFORMING SIGNS; REGULATING GRAFFITI BY REQUIRING THE OWNER OF ANY PROPERTY TO REMOVE THEREFROM ANY GRAFFITI THAT IS VISIBLE TO THE PUBLIC; PROVIDING THAT NOTICE SHALL BE GIVEN PRIOR TO REQUIRING THE REMOVAL OF GRAFFITI; REQUIRING NOTICE TO GOVERNMENTAL ENTITIES ON WHOSE PROPERTY GRAFFITI EXISTS; PROVIDING EXCEPTIONS AND DEFENSES; PROVIDING DEFINITIONS; PROVIDING THAT IT SHALL BE AN OFFENSE FOR THE PARENT OF A MINOR TO KNOWINGLY PERMIT, OR BY INSUFFICIENT CONTROL TO ALLOW, THE MINOR TO PLACE GRAFFITI ON PROPERTY WITHOUT THE OWNER'S CONSENT; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 95-06 RELATING TO SIGNS; 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 SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. Page 5, Joint Public Hearing/Town Council Meeting, 06/06/95 After a brief explanation by Chairman Hamper that political signs are to be placed 7 days prior to the date of the election and removed by the third day after the election; Commissioner Mayfield made a motion to recommend to the Town Council to adopt this sign regulation ordinance. Commissioner Cotton seconded; motion passed unanimously. Council Member Glaspell made a motion to accept the recommendation. Council Member Stoltz seconded. Discussion ensued regarding a I day removal time frame instead of 3. Council Member Engelbeck then made a motion to have political signs removed I day after the election. Council Member Stoltz seconded; motion failed with 2 votes for, 2 votes against, and 1 abstention. When a vote was called for the original motion, it passed unanimously. TOWN COUNCIL TO CONSIDER APPROVING A PRELIMINARY PLAT FOR "LAKESIDE A TROPHY CLUB". After several months Rick Horn with the engineering firm of Carter and Burgess and representing the applicant returned with revisions for a 32 acre Planned Development that transitions from 12,000 to 8,400 sq. foot lots. The P.D. addresses the Wetlands, park dedications, and Trophy Club Drive extension easements. Ann Zadeh of Planning Resources Group emphasized that this was a conditional approval of the plat, since some of the recommendations were not on the revised material nor provided at all. Mr. Horn assured everyone that all comments and recommendations are being considered and will be on the final plat within 6 to 8 weeks. After Mr. Horn satisfactorily answered questions, Commissioner Cotton made a motion to the Town Council to accept the recommendation of this conditional preliminary plat. Commissioner Williams seconded; motion passed unanimously. Council Member Glaspell confirmed that the Corps of Engineers was the final authority regarding the Wetlands, and made a motion to accept the Planning and Zoning Commission's recommendation. Council Member Stoltz seconded; motion passed unanimously. It was stated for the record that this plat will return to the Planning and Zoning Commission before being sent to the Council. ADJOURN JOINT PUBLIC SESSION WITH PLANNING AND ZONING COMMISSION. Page 0, Joint Public Hearing/Town Council Meeting, 06/05/95 There being no further business to discuss, Commissioner Mayfield made a motion to adjourn the joint session at 7:52 p.m. Commissioner Cotton seconded; motion passed unanimously. Representing the Town Council, Council Member En8elbeok then made a motion to adjourn. Council Member Moore seconded; motion passed unanimously. END OF JOINT SESSION WITH THE PLANNING AND ZONING COMMISSION TWO MINUTE RECESS TOWN COUNCIL MEETING CONSENT AGENDA As no one wished to remove any item from the Consent Agenda for full discussion, Council Member @laapell made a motion to accept the items as they stand. Council Member EnQelbeck seconded; motion passed unanimously. The approved items are as follows: A. Minutes of the May 8, 1985 Regular Council Meeting. B. Financial Reports Ending 04/30/95 TOWN COUNCIL TO CONSIDER A MAYOR PRO TEM. Council Member En8elbeok made a motion to again nominate Gene Hill. Council Member Glagpgll seconded; motion carried with 4 for and 1 abstention. TOWN COUNCIL TO CONSIDER GRANTING THE STAFF REQUEST OF A $ 7,530.00 TRANSFER FROM CONTINGENCY (LINE ITEM 18-5122) TO STREET, TRAFFIC SIGNS, CROSSWALKS (LINE ITEM 40-7045) IN ORDER TO PURCHASE AN EMERGENCY WARNING SYSTEM. Public Works Director LeGrand reported that the system has been ordered with additional activators, and the cost is being split with the M.U.D. The system is solar powered with low maintenance and a long warranty. The City of Keller currently uses it with great success. Council Member Stoltz made a motion to grant the transfer of funds. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER GRANTING THE STAFF REQUEST OF A $ 8,144.00 TRANSFER FROM CONTINGENCY (LINE ITEM 10-5122) TO POLICE DEPARTMENT SMALL EQUIPMENT (LINE ITEM 30-8820) IN ORDER TO PURCHASE NEW RAD/\R EQUIPMENT. Page 7, Joint Public Hearing/Town Council Meeting, 06/06/95 Interim Chief Miller stated the need for more accurate and updated equipment. Council Member Glaspell emphasized the need for newer technology and lower maintenance costs. He and the Committee believe that the Town should provide the necessary tools to our small force. Council Member Moore was in full support. Council Member Engelbeck learned that manufacturer training consists of a one time certificate course. Council Member Glaspell then made a motion granting the transfer of funds. Council Member Engelbeck seconded; motion passed unanimously. CLOSED -DOOR SESSION: TOWN COUNCIL TO CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH CHAPTER 551, GOVERNMENT CODE, VERNON'S TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW), SECTION 551.074 PERSONNEL. Due to her absence Town Manager Welsh requested that this agenda item be tabled to the June 20th meeting. * PRESENTATIONS BY CITIZENS. No presentations were given. STAFF AND COMMITTEE REPORTS. Interim Chief Miller reported that he will have the department's needs assessment for the next meeting. Public Works Director LeGrand informed the Council that the joint sealing on the streets is completed, and on July 5th construction bids will open for the East Entrance. Attorney John Hill declared that the East Entrance negotiations are completed. PRESENTATIONS BY COUNCIL. Council Members Glaspell and Engelbeck suggested that the construction trash be monitored closely and strictly and to consider monetary repercussions. Mayor Pro Tem Hill thanked his fellow Council Members for nominating him and appreciated their support. ADJOURN. Council Member Engelbeck made a motion to adjourn the meeting at 8:09 p.m. and to reconvene on Tuesday, June 20, 1995. Council Member Moore seconded; motion passed unanimously. Page 8, Joint Public Hearing/Town Council Meeting, 06/08/85 TOWN SECRETARY WAYOF� PRO TEM PLANNING & ZONING CHAIRMAN