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Minutes TC 10/21/1997MINUTES OF JOINT PUBLIC HEARING TOWN COUNCIL MEETING/ PLANNING AND ZONING COMMISSION TOWN OF TROPHY CLUB, TEXAS October 21, 1997 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a Joint Public Hearing withe the Planning and Zoning Commission on Tuesday, October 21, 1997, at 7:00 p.m. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Marshall Engelbeck Doug Glaspell Edwin "Ed" Decker Susan H. McCabe Kevin Carr Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member PLANNING AND ZONING COMMISSIONERS PRESENT: Mike Hamper Clayton Reed David Schaaf Rick Gilliland Gene Hill Don Cotton Roger Williams STAFF AND GUESTS PRESENT: Donna Welsh Karen Sadri Cathy Morgas Bill LeGrand David Miller Greg Guillaume John hill CALL TO ORDER AND ANNOUNCE A QUORUM: Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Town Manager Town Secretary P&Z Administrator Director of Public Works Director of DPS Senior Accountant Town Attorney Mayor Carter called the meeting to order at 7:00 p.m., noting a quorum was present. INVOCATION: John Hill, Town Attorney, gave the invocation. Page 2 Joint Public Hearing Town Council Meeting/P&Z October 21, 1997 PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Gene Hill, P&Z Commissioner led both pledges. PUBLIC HEARING TOWN COUNCIL TO CONSIDER AN ORDINANCE 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 AN AMENDMENT TO ORDINANCE NO. 95-20 PROVIDING FOR PD PLANNED DEVELOPMENT ZONING FOR THE VILLAGE AT TROPHY CLUB; PROVIDING AN EFFECTIVE DATE: Mayor Pro Tem Engelbeck moved to call a Joint Public Hearing with the Town Council and the Planning and Zoning Commission. Council Member McCabe seconded; motion passed unanimously. PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING WITH TOWN COUNCIL: Commissioner Cotton moved to open the Joint Public Hearing with the Town Council. Commissioner Reed seconded; motion passed unanimously. TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION: Council Member Glaspell moved to open the Joint Public Hearing with the Planning and Zoning Commission. Council Member Decker seconded; motion passed unanimously. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE PLANNING AND ZONING COMMISSION RELA TI VE 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 AMENDING ORDINANCE NO. 95-20 (GRANTING PD PLANNED DEVELOPMENT ZONING TO THAT SUBDIVISION KNOWN AS THE VILLAGE AT TROPHY CLUB AND BEING A 9.947 ACRE TRACT OF LAND LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF TROPHY CLUB, DRIVE AND STATE HIGHWAY 114 AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO) BY ADDING AS A PERMITTED USE WITHIN TRACT 2 ( WHICH TRACT IS DESCRIBED IN ORDINANCE NO. 95-20) RESTAURANT WITH DRIVE-THROUGH SERVICE; PROVIDING AN EFFECTIVE DATE. Mike Hamper, Chairperson , P&Z, explained the issue to be addressed . Page 3 Joint Public Hearing Town Council Meeting/P&Z October 21, 1997 CITIZENS' PRESENTATIONS: THIS IS AN OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ANY MATTER UNDER CONSIDERATION AT THIS PUBLIC HEARING. THE COUNCIL WILL NOT TAKE ANY ACTION ON ANY PRESENTA TION MADE TO THE COUNCIL DURING THE PUBLIC HEARING: The following citizens addressed the Town Council and Planning and Zoning Commission: Kathy Adair 7 Creekmere Ct. Harry Dayton 103 Fairway Village Susan Edstrom 269 Oak Hill Dr. Steve Fischer 14 Straight Creek Ct. Kay Pratt 13 Troon Dr. Dawn Seay 535 Timber Ridge Dr. Fred Tregaskis 267 Oak Hill Dr. Cathy Unger 102 Carnoustie Dr. Y. O. Boychuk 223 Oak Hill Dr. Karen Sadri, Town Secretary, read a portion of a letter from Billy Hughes, 216 Inverness Dr. PLANNING AND ZONING COMMISSION TO CLOSE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN: Commissioner Hill moved to close the Joint Public Hearing with the Town Council. Commissioner Reed seconded; motion passed unanimously. TOWN COUNCIL TO CLOSE THE JOINT PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN, TOWN COUNCIL/PLANNING AND ZONING COMMISSION TO RECONVENE INTO A JOINT PUBLIC SESSION: Mayor Pro Tem Engelbeck moved to close the Joint Public Hearing with the Planning and Zoning Commission and reconvene into a joint public session. Council Member McCabe seconded; motion passed unanimously. JOINT SESSION: PLANNING AND ZONING COMMISSION TO CONSIDER AND AMENDMENT TO ORDINANCE NO. 95-20 BY ADDING AS A PERMITTED USE WITHIN TRACT 2 ( WHICH TRACT IS DESCRIBED IN ORDINANCE NO. 95-20) RESTAURANT WITH DRIVE- THROUGH SERVICE: Following discussion, Commissioner Gilliland moved to approve the application for amendment to Ordinance No. 95-20 to allow a drive through restaurant and further amending the PD to allow the use of a menu board sign per the exhibit provided by the developer showing the location, size and configuration of the sign and recommend that for approval to the Council. Commissioner Williams seconded; motion passed with Chairperson Hamper having to vote to break the tie. Voting for were Commissioners Reed, Gilliland, Williams and Chairman Hamper. Voting against were Commissioners Cotton, Hill and Schaal'. Page 4 Joint Public Hearing Town Council Meeting/P&Z October 21, 1997 TOWN COUNCIL TO CONSIDER ADOPTING: 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 AMENDING ORDINANCE NO. 95-20 (GRANTING PD PLANNED DEVELOPMENT ZONING TO THAT SUBDIVISION KNOWN AS THE VILLAGE AT TROPHY CLUB AND BEING A 9.947 ACRE TRACT OF LAND LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF TROPHY CLUB, DRIVE AND STATE HIGHWAY 114 AND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO) BY ADDING AS A PERMITTED USE WITHIN TRACT 2 ( WHICH TRACT IS DESCRIBED IN ORDINANCE NO. 95-20) RESTAURANT WITH DRIVE-THROUGH SERVICE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Following discussion, Mayor Pro Tem Engelbeck moved to reject amending Ordinance No. 94-09. Council Member Decker seconded; motion failed. Voting for were Mayor Pro Tern Engelbeck and Council Member Decker. Voting against were Council Members Carr, Glaspell and McCabe. Council Member McCabe moved to approve amending Ordinance No. 94-09. Council Member Glaspell seconded; motion passed with a majority vote. Voting for were Council Members McCabe, Glaspell and Carr. Voting against were Mayor Pro Tem Engelbeck and Council Member Decker. PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC SESSION WITH TOWN COUNCIL: Commissioner Williams moved to adjourn the Joint Public Session with the Town Council. Commissioner- Gilliland seconded; motion passed unanimously. TOWN COUNCIL TO ADJOURN JOINT PUBLIC SESSION WITH THE PLANNING AND ZONING COMMISSION: Council Member Glaspell moved to adjourn the Joint Public Session with the Planning and Zoning Commission. Council Member McCabe seconded; motion passed unanimously. END OF JOINT SESSION WITH PLANNING AND ZONING COMMISSION RECESS Mayor Carter announced a recess at 8:46 p.m. REGULAR SESSION TOWN COUNCIL TO CONVENE INTO REGULAR SESSION: Mayor Carter reconvened into regular session at 9:00 p.m. Page 5 Town Council Meeting October 21, 1997 CITIZENS 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 ANY PRESENTA TION 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: The following citizens addressed the Council: Bill Lewis 6 Timberline Ct. re: Communications Tower Bill Rose 219 Inverness Dr. re: Home Rule TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROHIBITING MINORS UNDER SEVENTEEN YEARS OF AGE FROM BEING IN ANY PUBLIC PLACE BETWEEN THE HOURS OF 11:00 P.M. AND 5:00 A.M. ON WEEKDAYS, AND BETWEEN 12:01 A.M. AND 5:00 A.M. ON WEEKENDS; PROVIDING DEFINITION; PROVIDING CERTAIN DEFENSES TO THE SAID PROHIBITION AND FOR ENFORCEMENT OF THE PROHIBITION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE: Following discussion by Council, the following citizens addressed the Council: Lynn Gamron Patty Goodwin Deborah Holsworth Kristin Holsworth Vicki Navarre Jaime Puskar Bill Rose Dawn Seay Carl Stickane Jimmy Sturdevant Cathy Unger 18 Ross Ct. 9 Pin Oak Ct. 1110 Trophy Club Dr. 1110 Trophy Club Dr. 128 Greenhill Tr. 261 Oak Hill Dr. 219 Inverness Dr. 535 Timber Ridge Dr. 25 Creekmere Dr. 112 Greenhill Tr. 102 Carnoustie Dr. Following the citizen presentations there was no motion, no action was taken on this item. TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS TO CONSIDER ADOPTING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. GRANTING A CABLE TELEVISION FRANCHISE WITHIN THE TOWN BY AMENDING (1) SECTION 15 (FRANCHISE FEE) BY INCREASING THE FRANCHISE FEE PAYMENT FROM THREE PERCENT (3%) TO FIVE PERCENT (5%), AND (2) SECTION 24(D) (PUBLIC ACCESS CHANNELS) BY CLARIFYING THE REQUIREMENT THAT A PUBLIC ACCESS CHANNEL, SHALL BE RESERVED FOR TOWN USE WITHOUT CHARGE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE: Mary Bussey, District Manager for Marcus Cable, gave her presentation to the Council. Following discussion, Council Member Glaspell moved to accept the ordinance granting the cable franchise to Marcus Cable and increasing the franchise fee to 5% and adding the provision that the Town is granted Channel 10 as the Town's access channel. Council Member McCabe seconded. Page 6 Town Council Meeting October 21, 1997 Following further discussion, Mayor Pro Tem moved to amend the previous motion by returning the franchise fee to 3%. Council Member McCabe seconded; motion passed with a majority vote. Voting for were Mayor Pro Tem Engelbeck, Council Members Glaspell, McCabe and Carr. Council Member Decker abstained. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AND ACCEPTING AN INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICE BY AND BETWEEN THE TOWN AND DENTON COUNTY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE: Council Member Glaspell moved to adopt the resolution as written. Council Member Decker seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS RECOGNIZING THE ACCOMPLISHMENTS OF THE TEXAS DEPARTMENT OF TRANSPORTATION DURING THE PAST 80 YEARS; PROVIDING AN EFFECTIVE DATE: Following discussion, Mayor Pro Tem Engelbeck moved to adopt the resolution. Council Member Carr seconded; motion passed with Mayor Carter having to vote to break the tie. Voting for were Mayor Pro Tem Engelbeck and Council Member Carr and Mayor Carter. Voting against were Council Members Glaspell and Decker. Council Member McCabe abstained. TOWN COUNCIL TO CONSIDER A VARIANCE TO ORDINANCE #95-22 (ROOFING ORDINANCE) AT THE REQUEST OF: KIRK NORBY OF DALWORTH TIMBEROOF Following discussion, Council Member McCabe moved to grant the variance. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER A VARIANCE TO ORDINANCE #95-16 (FENCE ORDINANCE) AT THE REQUEST OF: DAVE INGMIRE OF 202 CARNOUSTIE DRIVE Dave Ingmire, 202 Carnoustie, presented his reasons for his request for a variance to ordinance 495-16. Following discussion, Council Member Carr moved to grant the variance. Council Member McCabe seconded; motion passed unanimously. TOWN COUNCIL TO REVIEW AND TAKE APPROPRIATE ACTION ON THE FENCE VARIATIONS APPROVED FOR: STEPHANIE TURNER, 125 GREENHILL DRIVE SOUTH This item was tabled until the November 18, 1997 meeting. Page 7 Town Council Meeting October 21, 1997 SANDRA PARKER, 1038 TROPHY CLUB DRIVE The fence in question has been corrected. No action taken. TOWN COUNCIL TO MAKE PERMANENT APPOINTMENT OF ZONING BOARD OF ADJUSTMENTS ALTERNATES: BETTYE DAYTON, 103 FAIRWAY VILLAGE DRIVE STUART HERIGODT, 9 AVENUE TWENTY Following discussion, Council Member Glaspell moved to appoint Bettye Dayton and Stuart Herigodt as alternates to the Zoning Board of Adjustments. Council Member Carr seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE REPAIR/REPLACEMENT OF SKYLINE DRIVE: (MAYOR PRO TEM ENGELBECK) Following discussion, Mayor Pro Tem Engelbeck suggested approving the spending of approximately 518,000.00 to repair Skyline Drive and discuss with the developer the possibility of some financial assistance. The general consensus of the Council was to do this. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE C.O.P.S. GRANT FOR TWO (2) ADDITIONAL POLICE DEPARTMENT STAFF: (COUNCIL MEMBER CARR) Doyle Krauss, 549 Indian Creek Drive, addressed the Council. Following discussion, no action was taken. 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 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. MINUTES FROM JUNE 17, 1997 B. MINUTES FROM AUGUST 5, 1997 C. MINUTES FROM AUGUST 19, 1997 D. MINUTES FROM AUGUST 28, 1997 On page 5, ADJOURN, change the p.m. to a.m. E. FINANCIALS ENDING SEPTEMBER 30, 1997 Council Member Glaspell moved to approve all the items on the consent agenda as written, including the change to the Minutes from August 28,1997. Council Member McCabe seconded; motion passed unanimously. Greg Guilluame, Senior Accountant, reported he was following up on Council's request on purchasing procedures. Page 8 Town Council Meeting October 21, 1997 Donna Welsh, Town Manager, updated the Council on the status of the current newsletter. PRESENTATIONS BY COUNCIL: Council Member McCabe expressed her concerns about questions surrounding her ability to "do her job." Council Member Carr expressed that he feels all the Council Members work hard. Council Member Glaspell stated he thought the Council was a well balanced decision making body. Council Member Decker expressed his pleasure at being a part of a "team effort". Mayor Pro Tem Engelbeck reported on the status of the house at 241 Oak Hill Drive, and that John Carter, Chairperson of the Finance Committee, has submitted his resignation of that position. Mayor Carter commended the Council on a job well done. ADJOURN: Council Member Decker moved to adjourn at 11:03 p.m. Mayor Pro Tem Engelbeck seconded; motion passed unanimously. J m anter, ayor (SEAL) � lr Karen Sadri, Town Secretary 11/13/97 klm