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Minutes TC 05/20/1997 - Joint SessionMINUTES OF JOINT PUBLIC HEARING TOWN COUNCIL MEETING/PLANNING AND ZONING COMMISSION TOWN OF TROPHY CLUB, TEXAS MAY 20, 1997 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 & Zoning Commission on Tuesday, May 20, 1997 at T00p.m. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Doug Glaspell Edwin "Ed" Decker Susan H. McCabe Kevin Carr Marshall Engelbeck Mayor Council Member Council Member Council Member Council Member Council Member PLANNING & ZONING COMMISSION MEMBERS PRESENT: Mike Hamper Chairman Clayton Reed Commissioner Roger Williams Commissioner Rick Gilliland Commissioner Don Cotton Commissioner David Schaaf Commissioner PLANNING & ZONING COMMISSION MEMBERS ABSENT: Gene Hill Commissioner STAFF AND GUESTS PRESENT: John Hill Donna Welsh Pauline Shaw Bill LeGrand Karen Sadri Dan Boutwell Hap Baggett Billy Hughes Larry Hutto Town Attorney Town Manager Planning & Zoning Administrator Director of Public Works Town Secretary Town Planner Synergy Properties, Inc. Resident, 216 Inverness Resident, NWISD Board Member Page 2 Joint Public Hearing Town Council Meeting/Plannning & Zoning Commission May 20, 1997 STAFF AND GUESTS PRESENT: cont. Dawn Seay Resident, 535 Timber Ridge Kim Cort Resident, 1130 Sunset Dr. Marty Dee Resident, 1 Edgemere Doyle Krauss Resident, 549 Indian Creek Dr. Eddie Cheatham Engineer, Total Program Management, Inc. Tom Eyeington NWISD Project Manager, Total Program Management,Inc. CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Carter called the meeting to order at 7:02 p.m., noting a quorum was present. He then welcomed Council Members, Planning & Zoning Commission Members, guests and staff INVOCATION: John Hill, Town Attorney gave the Invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: The pledges were led by Dan Boutwell, Town Planner. TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN COUNCIL 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: (I) A RE -PLAT OF LAND LOCATED SOUTH OF MARSHALL CREEK AND EAST OF ROANOKE, OWNED BY THE TOWN AND NORTHWEST INDEPENDENT SCHOOL DISTRICT (11) A SITE PLAN FOR THE SAID LAND OWNED BY THE NORTHWEST INDEPENDENT SCHOOL DISTRICT PROVIDING AN EFFECTIVE DATE. Council Member Decker made a motion to call a Joint Public Hearing of the Town Council and Planning and Zoning Commission. Mayor Pro Tem Glaspell seconded; motion passed unanimously. PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING WITH TOWN COUNCIL: Page 3 Joint Public Hearing Town Council Meeting/Planning & Zoning Commission May 20, 1997 Commissioner Reed made a motion to open the Joint Public Hearing with the Town Council, Commissioner Williams seconded, motion passed unanimously. TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION: Council Member Glaspell made a motion to open the Joint Public Hearing with the Planning and Zoning Commission. Council Member McCabe seconded; motion passed unanimously. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING: A. RE -PLAT OF LAND LOCATED SOUTH OF MARSHALL CREEK AND EAST OF ROANOKE AND WEST OF "THE LAKES', OWNED BY THE TOWN AND NORTHWEST INDEPENDENT SCHOOL DISTRICT: B. SITE PLAN FOR THE SAID LAND OWNED BY THE NORTHWEST INDEPENDENT SCHOOL DISTRICT: Mayor Carter turned the floor over to Dan Boutwell, Town Planner for explanation. A. Mr. Boutwell explained that the land being re -platted was originally dedicated as park land and is now being considered for the school site for an intermediate school site. This re -plat is just for the purpose of moving a property line to the south and move park land to the center. This combines a piece of platted property with an unplatted piece of property to form the re -plat. Questions and discussion by the Council and Planning and Zoning Commission followed this item. B. This item was an included topic in the discussion of the re -plat. PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN: Commissioner Schaaf made a motion to close Joint Public Hearing. Commissioner Reed seconded; motion passed unanimously. TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN: Page 4 Joint Public Hearing Town Council Meeting/Planning & Zoning Commission May 20, 1997 Council Member Glaspell made a motion to close the Joint Public Hearing. Council Member Decker seconded; motion passed unanimously. TOWN COUNCIL /PLANNING AND ZONING COMMISSION TO RECONVENE INTO A JOINT PUBLIC SESSION: TOWN COUNCIL TO CONSIDER ADOPTING: A. A PRELIMINARY PLAT FOR THE NEW SCHOOL SITE: Chairman Hamper explained to the Council that the Planning and Zoning Commission has already approved this preliminary plat. Town Planner Boutwell explained to the Council that this is the area that has not yet been platted. The preliminary plat covers only that area north of the existing park area to Marshall Creek Road, Mayor Carter reminded everyone that the park area shrunk because the two (2) schools had to be separated due to the age of the children. Following discussion, Council Member Glaspell moved to accept the preliminary plat as recommended by the Planning and Zoning Commission. Council Member McCabe seconded; motion passed unanimously. TOWN COUNCIL /PLANNING AND ZONING COMMISSION TO CONSIDER ADOPTING: A. A FINAL PLAT FOR THE SCHOOL LAND.- PLANNING AND: PLANNING AND ZONING COMMISSION: Commissioner Williams moved to accept the final plat. Commissioner Reed seconded; motion passed unanimously. TOWN COUNCIL: Council Member Glaspell moved to accept the final plat. Council Member Carr seconded; motion passed unanimously. B. RE -PLAT OF LAND LOCATED SOUTH OF MARSHALL CREEK AND EAST OF ROANOKE AND WEST OF "THE LAKES', OWNED BY THE TOWN AND NORTHWEST INDEPENDENT SCHOOL DISTRICT: Page 5 Joint Public Hearing Town Council Meeting/Planning & Zoning Commission May 20, 1997 PLANNING AND ZONING COMMISSION: Commissioner Schaaf moved to accept the replat. Commissioner Reed seconded, motion passed unanimously. TOWN COUNCIL: Council Member Engelbeck moved to adopt the replat of land located south of Marshall Creek and East of Roanoke and West of "The Lakes", owned by the Town and Northwest Independent School District including the waiver of the fence along the Northeast boundary of land owned by Marshall Creek. Council Member Decker seconded; motion passed unanimously. C. SITE PLAN FOR SAID LAND OWNED BY THE NORTHWEST INDEPENDENT SCHOOL DISTRICT: PLANNING AND ZONING COMMISSION: Commissioner Cotton moved to accept the site plan for the land owned by the Northwest Independent School District. Commissioner Williams seconded, motion passed unanimously. TOWN COUNCIL: Council Member McCabe asked during the discussion "When the school is discussing welfare, safety, etc. for children, does that have higher priority over the use of the parks? For example, during the daytime the possibility of transients (people coming and going who would normally use a public park) would they be able to say and enforce that was, could be potentially hazardous to the health, safety and welfare of the children and that they couldn't use the park. Attorney Hill answered that being Town owned land the Town would have jurisdiction over the park not the school. Council Member Glaspell moved to accept the site plan for said land owned by the Northwest Independent School District. Council Member McCabe seconded; motion passed unanimously. PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION WITH TOWN COUNCIL: Commissioner Reed moved that the Planning and Zoning Commission adjourn the Joint Public Session with the Town Council at T57 p.m. Commissioner Gilliland seconded; motion passed unanimously. TOWN COUNCIL TO ADJOURN JOINT PUBLIC SESSION WITH THE PLANNING AND ZONING COMMISSION: Council Member Decker moved to adjourn the Joint Public Session with the Planning and Zoning Commission at T58 p.m. Council Member Glaspell seconded; motion passed unanimously. Town Council took a five (5) minute recess. Page 6 Joint Public Hearing Town Council Meeting/Planning & Zoning Commission May 20, 1997 TOWN COUNCIL TO OPEN REGULAR SESSION: Town Council opened regular session at 8:05 p.m. *PRESENTATIONS BY CITIZENS* Kim Cort, 1130 Sunset Dr., spoke on issues of concern for her. • The commercial air conditioners behind "The Executive Suites" are noisy and keep everyone in her household awake at night. • The glare off the roof keeps them from opening their blinds • Being able to see people working in the buildings. Ms. Cort asked the air conditioners be turned off at night until the sound buffers are installed. Mr. Hap Baggett, President, Synergy Properties Group, assured the resident and Council that these problems will be resolved as soon as possible. Marty Dee, 1 Edgemere Dr., spoke about receiving a letter from the Town that the ordinance concerning motor homes has changed, and he is in violation. The fine for being in non- compliance is $500.00 per day. He asked what his recourse was. He has had a motor home for the last 12 years and was not in violation until now. Pauline Shaw, Planning and Zoning Administrator, explained that no recourse was available and the ordinance has no grandfather clause. Ms. Shaw also pointed out that Mr. Dee's current fence is eight feet in height which is also in violation and if it comes down it can not go back up at that height. Council Member Decker stated he felt the $500.00 per day penalty was ludicrous. He also expressed his concern over the fact a resident has been doing something for the last twelve (12) years and now it is illegal. Why is there no grandfather clause? That does not make any sense to him. He realizes the need for the ordinance. The Mayor asked John Hill, Town Attorney, to explain the procedures surrounding the fine amount. Mr. Dee's wanted to know what he was to do. His fence and motor home are in violation, and he does not have enough back yard to build a garage to house his motor home. He spoke to all his neighbors, and they are not opposed to his motor home. Council Member Glaspell explained that the ordinance was passed because of the residents who abused the previously written ordinances. Page 7 Joint Public Hearing Town Council Meeting/Planning & Zoning Commission May 20, 1997 STAFF AND COMMITTEE REPORTS: William LeGrand, Director of Public Works, reported that the Public Works Committee finaled out the expenditure of the bond money as follows: Skyline Dr. will be the next project after the Trophy Wood Dr. and Indian Creek Dr. project, then Chisos Dr. and Village Tr.., and then Alamosa Dr. and Shasta Dr. This also is taking into account curb repair over the entire Town. After all listed projects are finished there should be about $5000.00 left in the construction fund. Pauline Shaw, Planning and Zoning Administrator, reported 14 new housing permits have been issued so far this month, mainly for Lakeside. STAFF AND COMMITTEE REPORTS: (cont.) Donna Welsh, Town Manager, reported that Denton County has sued Tarrant County in Parker County about the location of the county lines. Moving the county lines will have a direct impact on Trophy Club. She also updated the Council that the signage for Hwy. 114 at Trophy Club Dr. will be put up soon, and the NTCOG Seminar for Mayors and Council Members will be Tune 6, 1997. TOWN COIJNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING: A PRELIMINARY PLAT FOR "THE PLAZA". The Planning and Zoning Commission has already approved the preliminary plat and all conditions have been met. Dan Boutwell, Town Planner, described the plat as a twenty-two and one half (22 '/2 ) acre site located at the very southeastern corner of the Town. It is currently zoned commercial and is platted into 12 lots. It would extend Trophy Wood Dr. to Hwy 114, and the current frontage road's name would change to Hayden Parkway. Michael Clark , Winkelmann and Assoc., was representing Synergy Properties and respectfully submitted their request for the Town to approve the preliminary plat for "The Plaza" and answered questions from the Council. A question about the water tower was answered in detail by Roger Unger. Council Member Decker moved to accept the preliminary plat with the dedicated water line as described by Roger Unger. Council member Engelbeck seconded; motion passed unanimously. Page S Joint Public Hearing Town Council Meeting/Planning & Zoning Commission May 20, 1997 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING ACCEPTING APPROXIMATELY 166 ACRES OF LAND NORTH OF MARSHALL CREEK ROAD FROM BECK PROPERTIES, INC.: Pauline Shaw, Planning and Zoning Administrator, explained the land is proposed for home and golf course use. Dan Boutwell, Town Planner, explained this has always been a part of the Comprehensive Land Use Plan. John Hill, Town Attorney, reminded the Council this land is not in the Town of Trophy Club limits, the next step is to accept a petition of annexation, and then to hold two (2) public hearings on the annexation. Council Member Glaspell moved to accept the 166 acres as stated. Council Member Carr seconded; motion passed unanimously. TOWN ATTORNEY, JOHN HILL, TO UPDATE THE COUNCIL REGARDING THE CORPS. OF ENGINEERS PROPERTY: Attorney Hill, explained that being a General Law Town limits how we approach annexations. The Corps. has to ask to be annexed into the Town. Council Member Glaspell verified that the Town can ask the Corps. to request annexation into the Town. Town Planner Boutwell reminded Council that the ETJ (extra -territorial jurisdiction) can be challenged by surrounding cities. It will depend on who gets there first. Council Member McCabe verified the initiation of annexation the only difference between a Home Rule city and a General Law city for this particular situation. No action taken. Page 9 Joint Public hearing Town Council Meeting/Planning & Zoning Commission May 20, 1997 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING HOME RULE AND ESTABLISHING A RESEARCH COMMITTEE: Council Member Glaspell is requesting that the Council take time to discuss the Home Rule issue. He would like the Council to consider establishing a small committee to research and dissect the information gathered such as: pros and cons of Home Rule, time elements, cost, filings, and citizen input. Then have the committee make an evaluation and recommendation to the Council. Suggestions from Council included: a Town Meeting with local Home Rule cities in attendance to answer questions and give opinions and placing time constrictions on the committee for expediency. Consensus of the Council was to establish a committee to research the Home Rule issue. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING CURBSIDE RECYCLING: This item was tabled until the next regular session. Council Member McCabe would like the staff to get together the cost pros and cons, gather resident input, and then give an entire presentation to a Council. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING BIKE LANES: Council Member McCabe would like to initiate the process to investigate including a bike lane on Trophy Club Dr. and Indian Creek Dr., this would include a cost and feasibility study. William LeGrand, Director of Public Works, explained that the first step would be to have a traffic consultant do a study on the traffic flow on the east side of town (from Indian Creek Dr. at Trophy Club Dr. to Harmony Park). The approximate cost of striping and buttons would be from $46,000 to $50,000. The approximate cost of the consultants study would be $7,000 to $15,000, which would include present and projected traffic and growth patterns. An alternative such as sidewalks was looked at, and the cost was extensive. Mayor Carter recommended that the staff incorporate these costs into the budget process. Council Member Glaspell would like for the staff to investigate a bike/walk path on Village Trail to the school. This cost and feasibility study would be separate from the Trophy Club Dr. and Indian Creek Dr. studies. Page 10 Joint Public Hearing Town Council Meeting/Planning & Zoning Commission May 20, 1997 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING RENEWAL OF PUBLIC OFFICIALS LIABILITY INSURANCE POLICY: Council Member Decker strongly recommends that all Public Officials have a minimum of $4 million in liability coverage. Following discussion Council Member Decker moved to award the Public Officials Liability Insurance contract of $4 million in coverage with a $5000 deductible. Council member Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FROM TETCO TO HAVE A "NOW OPEN" BANNER FOR TWO (2) WEEKS BEGINNING MAY 31, 1997 THROUGH JUNE 14,1997: Pauline Shaw, Planning and Zoning Administrator, explained that this was similar to the banner the bank had. She also explained that TETCO wanted to have a concession type of stand for cokes on the Grand Opening weekend. Hap Baggett, President of Synergy Properties Group, explained that the store would be having special sales to promote the Grand Opening. They would have displays in front of the store from 10:00 am to 9:00 pm during the two (2) day Grand opening. When asked about traffic management, Mr. Baggett informed the Council that had been taken into consideration and would be handled by the store. Following further discussion, Council Member McCabe moved to allow the banner and concession area. Council Member Decker seconded; motion passed unanimously. CLOSED DOOR SESSION: TOWN COUNCIL TO CONDUCT A CLOSED SESSION IN ACCORDANCE WITH CHAPTER _551, GOVERNMENTAL CODE, VERNON'S TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW). SECTION 551.074 PERSONNEL: Council adjourned into Closed Door Session at 9:38 p.m. to discuss the following: A. TO CONSIDER OFFICE OF MAYOR PRO TEM B. TO APPOINT COMMITTEE LIAISONS Page I I Joint Public Hearing Town Council Meeting/Planning & Zoning Commission May 20, 1997 RECONVENE INTO OPEN SESSION: Council reconvened into open session at 9:45 pm. Council Member Glaspell moved to appoint Council Member Englebeck as Mayor Pro Tem. Council Member Carr seconded; motion passed unanimously. Committee Liaison appointments are as follows: Finance Committee - Marshall Engelbeck (to continue) Public Works - Doug Glaspell Parks and Recreation - Ed Decker Public Safety - Kevin Carr Council Member Susan McCabe has asked not to be appointed to any one committee so she can visit all committees. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPOINTMENT OF CHAIRPERSONS AND MEMBERS TO THE TOWN COMMITTEES: Council Member Glaspell moved to re -appoint the members and chairpersons that wished to remain on their committees. In the following discussion Council Member Carr stated he felt the Committees should be responsible for nominating and appointing their own chairpersons. Mayor Carter explained the Town Council has always made these appointments in the past. Council Member Carr expressed his displeasure with this process and made a motion for the committees to be responsible for appointing their own chairpersons. Mayor Carter reminded Council that council member Glaspell's motion was still on the floor. Council member Engelbeck seconded Council Member Glaspell's motion. Council Member Carr's motion died for a lack of a second. Mayor Carter called for a vote on the motion on the floor. Motion passed unanimously. Page 12 Joint Public Hearing Town Council Meeting/Planning & Zoning Commission May 20, 1997 CONSENT AGENDA: ALL MATTERS LISTED UNDER AGENDA ITEM 28, CONSENT AGENDA, ARE CONSIDERED TO BE ROUTINE BY THE TOWN COUNCIL AND WILL BE ENACTED BY ON 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: Mayor corrected date for financials to 4/30/97. Council Members Engelbeck and McCabe asked that Item A be removed from consent agenda. B. FINANCIAL STATEMENTS PERIOD ENDING 4/30/97: Council Member Glaspell moved to approve the financial statements as presented. Council Member McCabe seconded, motion passed unanimously A. MINUTES OF REGULAR TOWN COUNCIL MEETING 5/06/97: Page 5 of the minutes of 5/6/97: Council Member Engelbeck asked for the time frame on the construction at Trophy Wood Drive and Indian Creek Drive. The answer given was by the end of November, and Council member Engelbeck would like that to be reflected in the minutes. Page 2 of the minutes of 5/6/97: Council Member McCabe wanted added into the minutes that she specifically asked the representative, that since the contract was not up for renewal, technically they have no obligations to renegotiate any provisions of it, but that she verbally agreed to the fact that they would renegotiate the 5% and the dedicated channel. Page 3 of the minutes of 5/6/97: Council Member Decker would like the minutes to reflect that along with Council Member McCabe he also, was inclined to allow Ms. Turner to keep the fence as a special exception. Council Member McCabe asked to co-ordinate the date of compliance to October 1, 1997 and put a by in front of it. Page 4 of the minutes of 5/6/97: change Trophy Club Drive to Trophy Wood Drive. Council Member Glaspell moved to accept the minutes of 5/6/97 as amended. Council Member Decker seconded; motion passed unanimously. Page 13 Joint Public Hearing Town Council Meeting/Planning & Zoning Commission May 20, 1997 *PRESENTATIONS BY CITIZENS* This item was voted on to take out of order and allow someone to speak about the committees. Council Member Glaspell moved to allow the individual to speak. Council Member Carr seconded; motion passed unanimously. Billy Hughes, 216 Inverness Dr., addressed the Council and thanked them and the Town staff (Karen Sadri & Pauline Shaw) for all their support and help during the recent campaign. He also informed the Council that he has applied for the Public Works Committee, the Parks and Recreation committee and would like to volunteer for the Home Rule Committee. PRESENTATIONS BY COUNCIL: Council Member Engelbeck reported that the Finance Committee plans to recommend during the budget process, that the money for trash pickup be transferred to a line item for street construction. The trash pickup fees would then be billed at $7.17 monthly on the WD's residential water and sewer bills. Council Member McCabe moved to adjourn at 10:08 p.m. Council Member Carr seconded, motion passed unanimously. Planning & Zo ing Commission Chairman Town Secretary Planning & Zoning Commission Administrator (SEAL) 06;03-97 k1g revised 6 181/97klg