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Minutes TC 07/20/1993MINUTES OF JOINT PUBLIC HEARING/TOWN COUNCIL MEETING TOWN OF TROPHY CLUB TROPHY CLUB, TEXAS JULY 20, 1993 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in a Public Hearing with the Planning and Zoning Commission, followed by a Town Council Meeting on Tuesday, July 20, 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: Vance Booker Janet Kardish Charles Kirby David Schaaf Vice -Chairman Commissioner Commissioner Commissioner Chairman Hamper, Bob Paige, and Roger Williams were not able to attend. Also present were guests and staff members: Steve Houser Rick Horn Donna Welsh Martha Peak Dan Boutwell Pauline Shaw Ottis Lee Ronnie Roark Karen Sadri Trophy Joint Venture Carter Burgess Inc. Town Manager Substitute Town Attorney Town Planner Director of Public Works Yandell, Hiller Co., Inc. T.U. Electric Co. Town Secretary Mayor Carter called the meeting to order at 7:03 p.m. noting a quorum was present. He then welcomed Council Members, guests and staff. Page 2, Council Meeting, 07/20/93 INVOCATION An Invocation was given by Council Member Cotton Moore including a memorial for Cindy Kelly, former Town Secretary. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS The pledge of allegiance to the American and Texas Flags was led by Council Member Marshall Engelbeck. 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. Vice Chairman Booker called the Planning and Zoning Commission to order at 7:05 p.m. noting a quorum was present. Commissioner Schaaf made a motion to open the joint Public Hearing. Commissioner Kardish seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to open the joint Public Hearing for purposes stated above. Council Member Engelbeck seconded; motion passed unanimously. Vice Chairman Booker requested Mr. Dan Boutwell, Town Planner, update the meeting on the reformatting of Zoning Ordinance 91-01. Mr. Boutwell stated that the extensive and comprehensive changes have made the ordinance practicable and workable rather than an ordinance on paper. No one wished to address Public Hearing. TOWN COUNCIL TO CLOSE THE PUBLIC HEARING OR CONTINUE THE PUBLIC HEARING TO A DATE CERTAIN. Commissioner Schaaf made a motion to close the Public Hearing on the reformatting of the text of Zoning Ordinance 91-01 for Sections 1 - 9 and 11 - 33 and to continue the Public Hearing on Section 10 and 34 through the end of the zoning ordinance on August 17, 1993. Commissioner Kirby seconded; motion passed unanimously. Mayor Pro Tem Hill made a motion to continue the Public Page 3, Council Meeting, 07/20/93 Hearing to August 17, 1993. Council Member Glaspell 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 NO. 91- 01, AS SET FORTH AND DESCRIBED IN THE PUBLIC NOTICE of THE PUBLIC HEARING ATTACHED HERETO. Mayor Pro Tem Hill made a motion to accept the Planning and Zoning recommendation of the reformatting of the text of Comprehensive Zoning ordinance 91-01 for Sections 1 - 9 and 11 -33. Council Member Moore seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE REZONING A CERTAIN TRACT of LAND CONTAINING APPROXIMATELY 198.01 ACRES of LAND OUT OF THE J. EADS SURVEY, ABSTRACT NO. 392, THE J. HENRY SURVEY, ABSTRACT NO. 529, AND THE W. MEDLIN SURVEY, ABSTRACT NO. 829, WHICH LAND IS GENERALLY LOCATED NORTH OF LAKEVIEW ELEMENTARY SCHOOL AND THE FIRST BAPTIST CHURCH, FROM R-12 SINGLE FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY DETACHED RESIDENTIAL USE AND INCIDENTAL AND ACCESSORY USES THERETO, IN ACCORDANCE WITH NO. 91-01 OF THE TOWN, AND TAKE APPROPRIATE ACTION. Dan Boutwell updated the meeting with the following information: an increase in the number of 12,000 sq. ft. lots along the spine road and northern edge of the property; the elimination of 9,000 sq. ft. lots to all 10,000 sq. ft. the minimum lot size of 8,000 sq. ft.;; and additional active and passive park space. Presentations by citizens: Terry Vance, Chairman of Parks Committee, spoke in favor of the plan. Louise Carter of 2 Round Rock was against changing the zoning from R-12. Judy Webster of 12 Salida Drive expressed concerns about the cost of upkeep of the wetlands area and side yards of 5 ft. instead of 7.5 ft. Beverly Foley of 13 Salida Drive expressed being a proponent for growth with Trophy Club's need for a plan to include smaller lots to offer affordable housing for those who want the quality life Trophy Club offers. Jan Clinkenbeard of 119 Fairway Village Drive stated Page 4, Council Meeting, 07/20/93 that from a business point of view the financial potential from 12,000 sq. ft. lots is far greater than from 8,000 sq. ft. ones. A lengthy discussion ensued with no action being taken at this time. Commissioner Schaaf made a motion to deny the Planned Development district request. Commissioner Kardish seconded; motion failed with Commissioners Schaaf and Kardish for and Vice Chairman Booker and Commissioner Kirby against. Commissioner Kirby then made a motion to table the PD Zoning request. Vice Chairman Booker seconded; motion failed with Commissioner Kirby and Vice Chairman Booker for and Commissioners Schaaf and Kardish against. Trophy Joint Venture will meet with the Town Council and Planning and Zoning Commission on August 3, 1993, to continue discussion on the Planned Development Zoning request. Commissioner Kirby made a motion to adjourn the Planning and Zoning meeting at 8:30 p.m. Commissioner Schaaf seconded; motion passed unanimously. ADJOURN JOINT PUBLIC SESSION 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 Engelbeck seconded; motion passed unanimously. TOWN COUNCIL MEETING CITIZEN PRESENTATIONS Jan Clinkenbeard of 119 Fairway Village Drive was alarmed about the developer's assuredness of having his plan approved if the other two commissioners had been present. She also resented his badgering the Planning and Zoning Commissioners who did reject the plan. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION ON AN ORDINANCE AMENDING THE EXISTING FRANCHISE BETWEEN THE TOWN AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT FRANCHISE FEE CONSIDERATION EXTENDING THE TERM OF THE SAID EXISTING FRANCHISE. Ronnie Roark, Manager representing T.U. Electric, explained Page 5, Council Meeting, 07/20/93 that the new agreement will offer 4o annual franchise fees for the next 15 years and will retroactive that amount to June, 1993, if the amended ordinance is passed by July 31, 1993. The Mayor and Council Member Engelbeck expressed concerns about giving up the right to object to any future rate changes. Ronnie Raork, and Pauline Shaw, Director of Public Works assured them that they have every right to object and litigate, but the cost would be the Town's burden. Manager Roark said some towns are setting up trust funds for this purpose. Mrs. Shaw also stated that Attorney Hill had reviewed and was satisfied with this amended ordinance. Town Manager, Donna Welsh, questioned why the $12,000 decrease from last year's fees since Trophy Club has new building and more filled rentals than in previous years. Manager Raork claimed he is auditing 1992 and will send those results. Council Member Doug Glaspell then made a motion to accept the amended ordinance as written; Council Member Patti Stoltz seconded. Motion carried with Council Member Engelbeck voting against. TOWN COUNCIL TO ACCEPT FINAL STORM WATER MANAGEMENT PLAN FROM MR. OTTIS LEE OF YANDELL, HILLER AND CO., INC. AND TO CONSIDER AT THE COUNCIL'S NEXT MEETING AMENDING THE SUBDIVISION REGULATIONS AND DESIGN STANDARDS TO INCLUDE THE STORM WATER MANAGEMENT PLAN. Mr. Ottis Lee gave a synopsis of existing, additional, and future upgrades emphasizing 1000 developer, budget or bond issuance for financial responsibility. After Mayor Carter expressed appreciation for his hard work and efforts, Council Member Engelbeck made a motion to accept this final Storm Water Management Plan and consider amending the subdivision regulations and design standards to be included in the plan at the August 17th Town Council Meeting. Mayor Pro Tem Hill seconded; motion passed unanimously. CONSENT AGENDA The consent agenda items deemed little deliberation. Mayor Carter complimented Donna Welsh for the excellent job being done to stay within or under budget and the 95% tax returns. Council Member Glaspell made a motion to approve the consent Page 6, Council Meeting, 07/20/03 agenda; Mayor Pro Tem Hill seconded; carried unanimously. The approved items are as follows: A. Minutes of the June 15, 1993 Joint Public Hearing B. Financial reports ending 05/31/93 C. Financial reports ending 06/30/93 TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION ON A RESOLUTION TO RENEW A CONTRACT FOR A PERIOD OF ONE (1) YEAR BETWEEN THE TOWN AND JASPER HAYES COMPANY FOR LANDSCAPE MAINTENANCE OF THE PUBLIC AREAS OF THE TOWN. Pauline Shaw reminded the Council that this is the last of the 3 year contract and bids will be expected next year. Council Member Engelbeck made a motion to approve renewal of the contract; Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION ON A RESOLUTION SUPPORTING THE CITY OF SOUTHLAKE'S REQUEST TO THE TEXAS TRANSPORTATION COMMISSION FOR LEVEL III AUTHORITY FOR STATE HIGHWAY 114 BETWEEN DOVE ROAD AND BUSINESS 114 LOOP AND LEVEL I AUTHORITY FOR STATE HIGHWAY 114 BETWEEN BUSINESS 114 LOOP AND THE DALLAS COUNTY LINE AND PROVIDING AN EFFECTIVE DATE. No discussion was taken after Mayor Pro Tem Hill explained that LEVEL III is an already planned and LEVEL I is a proposed planned project. Council Member Glaspell made a motion to support Southlake's request; Council Member Moore seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION ON A RESOLUTION SUPPORTING THE REALIGNMENT OF FM 1709/US 377 TO IH -35W. Mayor Pro Tem Hill objected to these resolutions being considered without sufficient explanation and information. He and Council Member Moore do not consider this a Trophy Club issue; especially with Highway 170 so close. Council Members Engelbeck and Glaspell agree that Trophy Club has supported resolutions like these in the past and that we are part of the whole community. Mayor Carter wholeheartedly Page 7, Council Meeting, 07/20/93 agreed and reminded us that this will help meet the 1997 clean air standards. Council Member Engelbeck made a motion to support the resolution; Council Member Glaspell seconded. Council Members Hill, Moore, and Stoltz voted against. Mayor Carter stated this would be placed on the August council meeting agenda to be reconsidered. TOWN COUNCIL TO CONSIDER APPOINTING KAREN SADRI AS TOWN SECRETARY. Mayor Pro Tem Hill made a motion to appoint Karen Sadri as Town Secretary; Council Member Moore seconded; passed unanimously. STAFF AND COMMITTEE REPORTS Nothing to report. PRESENTATIONS BY COUNCIL Nothing to present. ADJOURN Mayor Pro Tem Hill made a motion to adjourn the meeting at 9:57 p.m. and to meet again on August 3, 1993. Council Member Engelbeck seconded; motion passed unanimously. ---------- _ MAYOR RECORDING SECRETARY PLANNING AND ZONING CHAIRMAN r Tf?0 PLANNING AND ZONING SECRETARY 0 C: E