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Minutes TC 10/18/1993MINUTES OF JOIN PUBLIC HEARING/"I OWN COUNCIL MEETING TROPHY 'CLUB, TEXAS OCTOBER 18, 1994 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, ay, October 18, 1994. 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 Don Cotton Tom Mayfield Bob Paige David Schaaf Chairman Commissioner Commissioner Commissioner Commissioner Commissioners Booker and Williams were 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 Planning & Zoning Karen Sadri Town Secretary Bill LeGrand Director of Public Works John Carter Chairman/Finance Committee Hap Baggett Vice -President, Beck Properties, Inc. Mary jean Moloney Lone Star Gas Regional Manager Lew Anderton Citizen Requesting Fence Variance Staff members not able to attend were: Police Chief Franklin and Town Treasurer Jacobs. Page 2, joint Public Hearing/'Town Counci i meeting 10/18/94 CALL TO ORDER Mayor Carter can ed the meeting to order at 7:00 p.m. noting unanimous attendance by the Town Council and a quorum for the Planning and Zoning Commission. He then welcomed Council Members, guests, and staff. INVOCATION An Invocation was given by the Town Planner, Dan Boutwell. 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 Commissioner, Tom Mayfield. TOWN COUNCIL TO CONSIDER AN ORDINANCE 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 THE REZONING OF TWO TRACTS OF LAND FOR USE AS A GOLF COURSE, THE SAID REZONING BEING AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 94-09, OF THE TOWN; PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Hill made a motion to approve calling the joint public hearing. Council Member Stoltz seconded; motion passed unanimously. PUBLIC HEARING TOWN COUNCIL TO CONDUCT A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION TO CONSIDER AMENDING ORDINANCE NO. 94-09 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING FROM R-12 SINGLE FAMILY RESIDENTIAL DISTRICT TO "CR" COMMERCIAL RECREATION DISTRICT FOR GOLF COURSE PURPOSES ON CERTAIN TRACTS OF LAND BEING PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND BEING GENERALLY DESCRIBED AS FOLLOWS: (1) TRACT 1, BEING A TRACT OF LAND OUT OF THE R.W. ALLEN SURVEY, ABSTRACT NO. 5, THE R. ALLEN SURVEY, ABSTRACT NO. 17, THE J. HENRY SURVEY, ABSTRACT NO. 529, THE J.R. MICHAEL SURVEY, ABSTRACT NO. 820, AND THE W. MEDLIN SURVEY, ABSTRACT NO. 829, AND COMPRISING 82.7730 MEDLIN ACRES, AND (2) TRACT 2, BEING OF LAND OUT OF THE J.R. MICHAEL SURVEY, ABSTRACT NO. 820 AND THE MARY MEDLIN SURVEY, ABSTRACT NO. 832, AND COMPRISING 26.2886 ACRES; PROVIDING THAT SUCH TRACTS OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; CORRECTING THE OFFICIAL MAP; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND THAT ALL OTHER ORDINANCES IN Page 3, Joint Public Hearing/Town Council Meeting 10%18%94 CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY Y NO'I TO EXCEED THE SUM OF MORE THAN TWO THOUSAND DOLLARS ( $ 2,000.00) FOR EACH VIOLATION HEREOF AND A SEPARATE 'VIOLATION Si -HALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. Chairman Hamper of the Planning and Zoning Commission opened their meeting noting a quorum was present. Commissioner Mayfield made a motion to open the Joint Public Hearing. Commissioner Cotton seconded; motion passed unanimously. Mayor Pro Tem Hili made a motion to open the Joint Public Hearing for the Town Council. Council Member Engiebeck seconded; motion passed unanimously. Town Manner, Dan Boutweli, reminded those present that the comprehensive plan is a guide which has always included the golf course and housing around it, and when considering rezoning the comprehensive plan is automatically included. Since the site plan had very few requirements his only concern was the Army Corps of Engineers' approval regarding the golf course when it was outside the Town's property limits. Hap Baggett, representative of the joint venture of Beck Properties, Inc. and Cobblestone Golf of Texas, Inc. explained that the additional 9 hole golf course was projected for construction three years from now. Because of the membership increase, they want to start this mid-November for a playable course in the summer of 1996. He thanked the Commissioners and Council for prioritizing this rezoning amendment to make it possible. Some of the concerns of the Commissioners and Council can not be addressed at this time because the applicant is still trying to problem solve three to five years in advance. Some of those concerns regarded: Ingress/egress on the four sides of the property Altering Indian Creek Drive Altering the loop concept of Trophy Club The M.U.D.'S involvement Coordination of the parks and future trails Potential school sites TOWN COUNCIL TO CONSIDER ADJOURNING THE JOINT PUBLIC: HEARING WITH THE PLANNING AND ZONING COMMISSION AND/OR CONTINUIING THE PUBLIC HEARING TO A DATE CERTAIN. For the Planning and Zoning Commission Commissioner Paige made a motion to close the Joint Public Hearing. Hage 4, joint Public Hearing/Town Council Meeting IOPS/94 Commissioner Cotton seconded; motion passed unanimously. Mayor Pro Tem Hill then made a motion to close the joint Public Hearing for the Town Council. Council Member Glaspell seconded; motion passed unanimously. END OF JOINT PUBLIC HEARING Chairman Hamper then addressed the ordinance wording by adding R-15 to the R-12 single family residential district adjacent to the golf course. This change is to be included on the final plat and site plan exhibits. He also requested that Town Attorney Hill change the legal description of Tract 2 along the easterly line from 96.4336 to 97.4336. After agreement of these changes Commissioner Paige made a motion to recommend approving the amendment to the Comprehensive Zoning ordinance and Zoning map and making the zoning and site plan exhibits part of the Ordinance. Commissioner Cotton seconded; motion passed unanimously. iy. TOWN COUNCIL TO CONSIDER TAKING ACTION ON THE RECOMMENDATION FROM THE TOWN PLANNING AND ZONING COMMISSION CONCERNING THE FOLLOWING AMENDMENT TO ORDINANCE NO. 94-09 OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING FROM R-12 SINGLE FAMILY RESIDENTIAL DISTRICT TO "CR" COMMERCIAL RECREATION DISTRICT FOR GOLF COURSE PURPOSES ON CERTAIN TRACTS OF LAND BEING PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND BEING GENERALLY DESCRIBED AS FOLLOWS: (1) TRACT 1, BEING A TRACT OF LAND OUT OF THE R.W. ALLEN SURVEY, ABSTRACT NO. 5, THE R. ALLEN SURVEY, ABSTRACT NO. 17, THE J. HENRY SURVEY, ABSTRACT NO. 529, THE J.R. MICHAEL SURVEY, ABSTRACT NO. 820, AND THE W. MEDLIN SURVEY, ABSTRACT NO. 829, AND COMPRISING 82.7730 ACRES, AND (2) TRACT 2, BEING A TRACT OF LAND OUT OF THE J.R. MICHAEL SURVEY, ABSTRACT NO. 820. AND THE MARY MEDLIN SURVEY, ABSTRACT NO. 832, AND COMPRISING 26.2886 ACRES. As there was no other discussion, Mayor Pro Tem Hill made a motion to accept the Planning and Zoning Commission's recommendation to adopt the amendment with the stated changes. Council Member Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER APPROVAL OF THE FINAL PLAT AND SITE PLAN SUBMITTED BY COBBLESTONE GOLF OF TEXAS, INC. CONCERNING THE TWO TRACTS OF LAND USE AS A GOLF COURSE. Town Planner Boutwell emphasized the irregularity of submitting the final plat and site plan at the same time. Because it is an exception, the applicant needs to Page 5, joint Public Hearing/Town Council Meeting 10/i8/94 commit �o working cioseiy witn 7-ne iown anc maintain its goals. Agreement was reached regarding 70 foot easements on the North, East, West and 50 foot on the South. The final plat is to show access easements for utilities and roadway. other considerations included: taxes in escrow, drainage easement which will be based upon TNRCC regarding the proposed lakes, and all other fees being fully paid. As no other discussion ensued, Commissioner Schaaf made a motion to approve the final plat and site plan with the included amendments. Commissioner Cotton seconded; motion passed unanimously. Mayor Pro Tem Hill then made a motion to accept the Commission's recommendation. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO RECESS OUT OF JOINT MEETING/PLANNING AND ZONING TO ADJOURN JOINT MEETING. Commissioner Schaaf made a motion to adjourn the joint Planning and Zoning Commission meeting at 8:00 p.m. Commissioner Cotton seconded; motion passed unanimously. For the Town Council Mayor Pro Tem Hill made a motion to adjourn the session. Council Member Stoltz seconded; motion passed unanimously. END OF JOINT SESSION WITH THE PLANNING AND ZONING COMMISSION TOWN COUNCIL MEETING TOWN COUNCIL TO CONSIDER AMENDING ORDINANCE NO. 93-03, THE SAME BEING THE LONE STAR GAS FRANCHISE ORDINANCE, BY AMENDING THE SECTION 8 THEREOF INCREASING THE FRANCHISE FEE PAID TO THE TOWN FROM THREE (3%) TO FOUR (4%); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. Mary jean Moloney, Regional Manager for Lone Star Gas, recommended the franchise fee increase to consolidate the twelve cities in the Mid -Cities Distribution Center. Since the Council had no questions, Mayor Pro Tem Hill made a motion to change the franchise fee to the four (4%). Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AN ORDINANCE REVISING THE RATES OF LONE STAR GAS COMPANY IN THE TOWN; PROVIDING FOR CONDITIONS Page 6, Joint Public Hearing/ Town Courci7 meeting 10%18%94 AND REPEAL OF CONFLICTING ORDINANCES; PROVIDINi;: A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PR '✓IDING AN EFFECTIVE DATE. Lone Star Gas Regional Manager Moloney explained that of the twelve cities in the Mid -Cities Distribution Center, Trophy Club's residential rate will decrease. Lone Star Gas services 11 customers in Village West, and does not have any commercial accounts here. As no discussion ensued, Mayor Pro Tem Hill made a motion to approve the requested rate revision. Council Member Engeibeck seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER AN ORDINANCE 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 THE 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 OF 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. 92-12 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 A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. It was established that no changes were made to the existing sign ordinance; only adding control for the graffiti language. Mayor Pro Tem Hili made a motion to adopt the ordinance. Council Member Stoltz seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER A RESOLUTION ACCEPTING AN APPROVING A CONTRACT BETWEEN THE TOWN AND TEAGUE NALL AND PERKINS, INC. FOR ENGINEERING SERVICES FOR STREET REPAIR AND CONSTRUCTION AS AUTHORIZED BY THE 1994 BOND ELECTION FOR STREET REPAIRS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN Page 7, joint Public Hearing/Town Council Meeting 10/18/94 EFFECTIVE DATE. Upon the recommenoation or r-ne sraTT Lo rerer ane contract -Eo the Public Works Committee for reviewing, this resolution was tabled until the next regular meeting. TOWN COUNCIL TO CONSIDER GRANTING A VARIANCE TO ORDINANCE NO. 92-06 CONCERNING THE HEIGHT OF A FENCE TO MR. LEW ANDERTON OF - 403 HILL TOP DRIVE. Planning and Zoning Administrator, Pauline Shaw, informed the Council that the Commission approved the fence material. She reminded the Council that to date they had not approved 8 foot fences other than for perimeter fences at the Town limits. The applicant, Mr. Anderton, again showed the Council his architect's drawings of this 8 foot to 6 foot step down perimeter fence along the sides of his property. He emphasized that the front is wrought iron between brick columns that match the house brick. Planning and Zoning Commissioner Hamper strongly recommended to the Council to approve this worthy project. He said the applicant has spent time and research to make a difficult situation attractive. As there were no objections to this recommendation, Council Member Glaspell made a motion to grant the height variance of 8 foot to Mr. Anderton. Council Member Engelbeck seconded; motion passed unanimously. CONSENT AGENDA Mayor Carter asked if any member of the Town Council wished to remove any item from the Consent Agenda for full discussion. Mayor Carter requested item C, and Council Member Stoltz requested items D and E be removed for separate discussion. Before discussion began, Mayor Pro Tem Hill made a motion to approve items A. and B. Council Member Stoltz seconded; item A passed unanimously with the notation that Council Member Engelbeck arrived late. Council Members Hill, Engelbeck, Moore, and Stoltz passed item B with Council Member Glaspell abstaining. Mayor Carter then returned to item C to compliment the Staff and Finance Committee for the positive ending to the fiscal year. Mayor Pro Tem Hill also commented on the commendable job done. Page E, joint Public Hearing/Town Council, Meeting 10/18,/94 Mayor Pro Tem Hill then made a motion to approve item C. , 1- ' 1seconded;0 T 1 7, r I ounc-Member Glaspell mot' passed unanimously. Council Member Stoltz returned to items D and E to make it noted that proclamations need to be given to the press for reporting our support and not kept between the Council and Staff. She then made a motion to approve items D and E. Council Member Glaspell seconded; motion carried unanimously. The approved items are as follows: A. Minutes of the September 20, 1994 Public Hearing/ Town Council Meeting. B. Minutes of the September 30, 1994 Town Council Meeting. C. Financial reports ending 09/30/94. D. Proclamation declaring October 23-29, 1994 as Texas Pharmacy Week in the Town of Trophy Club. E. Proclamation declaring the month of October 1994 as Domestic Violence Awareness Month. PRESENTATIONS BY CITIZENS John Carter, Chairman of the Finance Committee, introduced his grandson, Jimmy Moffitt. One of his Eagle Scout requirements is to attend a civic function. STAFF AND COMMITTEE REPORTS Finance Committee Chairman, John Carter, reported that the Committee will meet in January 1995. Town Attorney, John Hill, informed the Council that the property owner of East Entrance has been sent Engineering specifications of its exact location. We're waiting for his return contact. Planning and Zoning Administrator, Pauline Shaw, reported 70 new homes started in the 1993-1994 fiscal year, and all but 12 have been completed. Town Manager, Donna Welsh, stated that the Bond sale money should be here by the end of October, but the State General Attorney's office is questioning the payment schedule. She also informed them the annual Audit will occur the next three weeks, and Taxes will be sent by the end of the month. Page 9, Joint Public Hearing/Town Council Meeting 10/18/94 Pl--tESENTATIONS By C0UfN'U--'TL Council Member Glaspell reported that the Park,-:-, and Recreation Committee met last night and Pl,-1 to monitor the developer to maintain the Town's goals. Council Member Engelbeck expressed concern about the staff's management of the bona' sales revenue. Mayor Carter reminded him how prepared the staff is and what an excellent job they do. Town Manager Welsh also informed him that the staff and Finance Committee now have the opportunity to create a five year plan because the majority of the undeveloped land in the Town J,,r.`'no,longer in bankruptcy. ADJOURN Mayor Pro Tem Hill made a motion to adjourn the meeting at 6:43 p.m. and to meet again on Tuesday, November 15, 1994. Council Member Glaspell seconded; motion passed unanimously. TOWN SECRETARY PLANNING AND ZON(iNG CHAIRMAN PLANNING AND ZONING SECRETARY