Loading...
Minutes TC 02/13/1996 - Joint SessionMINUTES OF JOINT PUBLIC HEARING TOWN COUNCIL MEETING/PLANNING AND ZONING COMMISSION TROPHY CLUB, TEXAS FEBRUARY 13, 1996 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, February 13, 1996. 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 Edwin "Cotton" Moore Council Member Patti Stoltz Council Member Planning and Zoning Commission Members Present: Mike Hamper Vance Booker Don Cotton Tom Mayfield Bob Paige David Schaaf Roger Williams Chairman Co -Chairman Commissioner Commissioner Commissioner Commissioner Commissioner Also present were guests and staff members: Donna Welsh John Hill Pauline Shaw David Miller Karen Sadri Bill LeGrand Diane Cockerell Rick Baumeister Kim Pritchard Hap Baggett John Harbin Steve Mundt Rick Horn Bill Rose Staff members absent: Town Treasurer Jack Jacobs. Town Manager Town Attorney Planning & Zoning Administrator Chief of Police Town Secretary Director of Public Works Police Department Secretary Partner in Sanford and Baumeister, C.P.A's, P.C. Associate/C.P.A. Firm of Sanford and Baumeister Oakmont Enterprises, Inc., Applicant Beck Properties, Applicant Trophy Joint Venture, Representative Carter and Burgess Engineers Citizen for Speed Humps Page 2, Joint Public Hearing/Town Council Meeting 02/13/96 REGULAR SESSION AGENDA: CALL TO ORDER Mayor Carter called 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 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 Police Chief, David Miller. CONSTABLE JOHN HATZENBUHLER TO ADDRESS COUNCIL REGARDING HIS CANDIDACY. Constable Hatzenbuhler asked for support on his re-election. His credentials include: 20 years in law related areas Being active in professional and service clubs Reducing his budget by $ 8,100.00 Collecting and returning $ 82,700.00 in fraudulent checks to area merchants MR. RICK BAUMEISTER OF SANFORD AND BAUMEISTER, P.C. TO PRESENT THE AUDIT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1995. Mr. Baumeister reported that the audit was precise and clean with more revenues than expenditures and that the fund reserves were very substantial. As the Council had no questions, Mayor Pro Tem Hill made a motion to adopt the audit as presented. Council Member Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CALLING A GENERAL ELECTION TO BE HELD MAY 4, 1996 FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH; DESIGNATING A POLLING PLACE WITHIN SAID TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING JUDGE; ESTABLISHING A DATE FOR CANVASSING RETURNS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Hill made a motion to adopt the ordinance calling the general election. Council Member Glaspell seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE TOWN OF TROPHY CI LJR. TEXAS CAI I TNG A 1;A1 FS AND USE TAX Page 3, Joint Public Hearing/Town Council Meeting 02/13/96 ELECTION TO BE HELD WITHIN THE TOWN IN ACCORDANCE WITH SECTION 4B OF THE DEVELOPMENT CORPORATION ACT OF 1979 (ART. 5190.6, V.T.C.S.); MAKING PROVISIONS FOR THE CONDUCT OF THE SAID ELECTION AND PROVIDING FOR OTHER MATTERS RELATED THERETO; PROVIDING AN EFFECTIVE DATE. It was established that one half cent is the maximum amount permitted to be raised and that it must be used for economic development. Mayor Pro Tem Hill then made a motion to adopt the sales and use tax. Council Member Stoltz seconded; motion passed unanimously. Mayor Carter suggested that it would be appropriate for the Finance Committee to become the Economic Development Corporation that the 1979 Act mandates. TOWN COUNCIL TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 92-08 OF THE TOWN RELATING TO TRAFFIC CONTROL AND CONTROL OF STREETS BY ADDING A SCHOOL ZONE LOCATION WHERE THE MAXIMUM SPEED ON THE ROAD BETWEEN CERTAIN HOURS SHALL BE 20 MILES PER HOUR; ADDING LOCATIONS FOR THE PLACEMENT OF STOP SIGNS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF 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; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. After discussion opposing 20 m.p.h. on Trophy Wood Drive extension as too slow for commuter traffic, Council Member Giaspell made a motion to adopt the ordinance with the amendment of 30 m.p.h. on Trophy Wood Drive extension. Mayor Pro Tem Hill seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER THE ADOPTION OF A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE PARTICIPATION BY THE TOWN IN A TEEN COURT PROGRAM BETWEEN THE TOWN AND THE CITIES OF GRAPEVINE, COLLEYVILLE, AND SOUTHLAKE, REPEALING RESOLUTION NO. 95-28 RELATING TO A TEEN COURT PROGRAM WITH THE CITIES OF KELLER, WATAUGA, AND OTHER; PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Hill made a motion to adopt the resolution for Trophy Club to participate in the GCS Teen Court Program. Council Member Moore seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING ROBERT'S RULES OF ORDER, NEWLY REVISED (9TH EDITION) PUBLISHED BY SCOTT, FOREMAN AND COMPANY, AND SUCH LATER EDITIONS OF ROBERT'S RULES OF ORDER AS MAY BE PUBLISHED, AS THE RULES OF PROCEDURE FOR THE TOWN COUNCIL; PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Hill made a motion to table item 10 and return it to a future agenda. Council Member Glaspeli seconded; Page 4, Joint Public Hearing/Town Council Meeting 02/13/96 motion carried unanimously. TOWN COUNCIL TO ACCEPT THE DEEDS FOR LAND OFFERED FOR TURNING LANES AT THE INTERSECTION OF INDIAN CREEK DRIVE AND TROPHY CLUB DRIVE FROM BECK PROPERTIES TROPHY CLUB, L.P., A TEXAS LIMITED PARTNERSHIP AND TAKE APPROPRIATE ACTION. As this is considered a normal land dedication from a developer, Council Member Glaspell made a motion to accept the deeds. Council Member Engelbeck seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER A REQUEST FROM BILL ROSE OF 219 INVERNESS DRIVE TO INSTALL 3 SPEED HUMPS ON INVERNESS DRIVE. After several months of research, meetings, and deliberations the Council and Public Safety and Works Committees concluded that speed humps are not the immediate answer to the traffic/speed problem on Inverness. Council Member Engelbeck made a motion to deny this request. Mayor Pro Tem Hill seconded; motion passed unanimously. Mayor Carter complimented Mr. Rose on his thorough research and diligence with this civic project. CONSENT AGENDA. As no Council Member wished to remove any item from the Consent Agenda for full discussion, Mayor Pro Tem Hill made a motion to accept the agenda. Council Member Moore seconded; motion passed unanimously. The approved items are as follows: A. Financial reports ending December 31, 1996. B. A resolution supporting the Denton County Sesquicentennial and Courthouse Sesquicentennial Celebrations. C. A resolution honoring the American Troops in Bosnia- Herzegovina and supporting their families. D. A proclamation from the D.A.R. declaring February 1996 "American History Month". Mayor Carter asked to proceed to agenda items 16 and then 20 and return to items 14, 15, 17 and 18 later in the meeting. PRESENTATIONS BY CITIZENS No presentations were given. TOWN COUNCIL TO RECESS OUT OF REGULAR SESSION AND CONVENE INTO JOINT PUBLIC HEARING. Page 5, Joint Public Hearing/Town Council Meeting 02/13/96 PUBLIC HEARING AGENDA: 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 (1) THE FINAL PLAT FOR THE "VILLAGE AT TROPHY CLUB" WHICH IS LOCATED AT HIGHWAY 114 AND TROPHY CLUB DRIVE AND CONSISTING OF 5 LOTS; AND (2) THE FINAL SITE PLAN FOR A COMMERCIAL WITH DRIVE-IN ON AN APPROXIMATELY 1.5 ACRE TRACT LOCATED GENERALLY ON TROPHY CLUB DRIVE SOUTH AND IMMEDIATELY NORTH OF STATE HIGHWAY 114; PROVIDING AN EFFECTIVE DATE. Because the applicant for the final site plan of a commercial bank with drive-in withdrew until the March 7th meeting, a motion was not made to call a public hearing. Consideration for a final plat does not require a public hearing. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING JOINTLY WITH THE PLANNING AND ZONING COMMISSION RELATIVE TO THE FOLLOWING: A. THE FINAL PLAT FOR "THE VILLAGE AT TROPHY CLUB" WHICH IS LOCATED AT HIGHWAY 114 AND TROPHY CLUB DRIVE AND CONSISTS OF 5 LOTS. B. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CONSIDERING THE FINAL PLAN FOR A COMMERCIAL BANK WITH DRIVE-IN FOR AN APPROXIMATELY 1.5 ACRE TRACT IDENTIFIED AS TRACT 3 ON THE PLANNED DEVELOPMENT SITE PLAN ATTACHED AS EXHIBIT "B" TO ORDINANCE 95- 20, THE PLANNED DEVELOPMENT ZONING ORDINANCE FOR THAT PROPERTY GENERALLY KNOWN AS " THE VILLAGE AT TROPHY CLUB", AND TAKE APPROPRIATE ACTION. At 7:53 Chairman Hamper asked that the joint public hearing be opened. Commissioner Williams made the motion to do so. Commissioner Mayfield seconded; motion passed unanimously. Mayor Pro Tem Hill made the same motion for the Town Council. Council Member Glaspell seconded; motion passed unanimously. Regarding item A Chairman Hamper reported that all plans had been reviewed and all corrections made, including a second left hand turn lane onto Trophy Club Drive. Also, the final plat is to show mutual access easements for all the tenants for all the property. Because all engineering concerns were now in compliance, the Planning and zoning Commission approved the final plat. During the discussion period Council Member Engeibeck expressed his concern with future fuel storage at the service station, and the Town's responsibility and liability. It was noted that State as well as local inspections are mandatory with these installations. Page 6, Joint Public Hearing/ Town Council Meeting 02/13/96 At the request of the applicant Item B was tabled to the next public hearing on March 7th. No citizens addressed the Public Hearing. TOWN COUNCIL TO CONSIDER CLOSING THE JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND/OR CONTINUING TO A DATE CERTAIN. At 8:12 p.m. Commissioner Schaaf made a motion to close the Public Hearing. Commissioner Williams seconded; motion passed unanimously. For the Town Mayor Pro Tem Hill made the motion to also close. Council Member Stoltz seconded; motion passed unanimously. END OF JOINT PUBLIC HEARING TOWN COUNCIL TO CONVENE INTO JOINT PUBLIC SESSION. JOINT SESSION AGENDA: TOWN COUNCIL TO CONSIDER THE FINAL PLAT FOR "THE VILLAGE AT TROPHY CLUB" WHICH IS LOCATED AT HIGHWAY 114 AN TROPHY CLUB DRIVE AND CONSISTS OF FIVE LOTS. At this time Commissioner Paige made a motion to adopt and to recommend to the Town Council that approval be made for the final plat of "The Village". Commissioner Mayfield seconded; motion passed unanimously. Mayor Pro Tem Hill then made the motion to approve the Planning and Zoning's recommendation. Council Member Glaspell seconded; motion passed unanimously TOWN COUNCIL TO CONSIDER A FINAL SITE PLAN FOR A COMMERCIAL BANK WITH DRIVE-IN ON AN APPROXIMATELY 1.5 ACRE TRACT LOCATED GENERALLY ON TROPHY CLUB DRIVE SOUTH AND IMMEDIATELY NORTH OF STATE HIGHWAY 114; PROVIDING AN EFFECTIVE DATE. At the applicant's request this item was tabled until the March 7th Public Hearing. TOWN COUNCIL TO CONSIDER AND APPROVE A PRELIMINARY PLAT FOR EAGLES RIDGE", PHASE I BEING A TRACT OF LAND OUT OF THE M. MEDLIN SURVEY ABSTRACT NO. 832 AND BEING PART OF A 107.2750 TRACT OF LAND WHICH IS NORTH OF SKYLINE DRIVE AND WEST OF T.W. KING ROAD AND CONSISTS OF SIXTY-TWO (62) LOTS. Using the architects renderings of "Eagles Ridge" John Harbin, representative of Beck Properties, answered the concerns of the Commission and Council regarding park dedication usage and how pedestrian and pocket parks fit into the master parks plan. Discussion also included adequate parking facilities and safety issues. Page 7, Joint Public Hearing/Town Council meeting 02/13/96 Realizing that Phase I was only part of the three phase concept, Commissioner Paige made a motion to approve and recommend to the Council the preliminary plat with the following conditions: 1. Inclusion of the north park on the final plat. 2. Meeting with the Parks and Recreation Committee to co-ordinate with the Parks Master Plan. Commissioner Cotton seconded; motion passed unanimously. For the Town Council Member Stoltz made a motion to accept the Planning and Zoning's recommendation as stated. Council Member Glaspell seconded, motion passed unanimously. TOWN COUNCIL TO CONSIDER A DEVELOPMENT AGREEMENT WITH TROPHY JOINT VENTURE REGARDING THE DEDICATION OF LAND FOR PARK AND OTHER PURPOSES IN CONDUCTION WITH THE FILING OF A FINAL PLAT FOR LAND GENERALLY LOCATED NORTH OF LAKEVIEW ELEMENTARY SCHOOL AND THE FIRST BAPTIST CHURCH AND BEING ZONED PLANNED DEVELOPMENT DISTRICT ACCORDING TO ORDINANCE NO. 93-06. Steve Mundt, representative of Trophy Joint Venture, explained that this agreement would allow the final plat of the 190 acres to meet the park dedication obligation by avoiding a piece meal basis when sections of land are bought. He assured the Commission and Council that the agreement will be honored by whoever owns the property. After further discussion Commissioner Paige made a motion to accept and to recommend to the Council the agreement with final modification and review by the Town Attorney. Commissioner Williams seconded; motion passed unanimously. Council Member Glaspell then made a motion to follow the Planning and Zoning recommendation. Council Member Stoltz seconded; motion passed unanimously. TOWN COUNCIL TO ADJOURN JOINT PUBLIC SESSION WITH PLANNING AND ZONING COMMISSION. At 9:40 p.m. Commissioner Williams made a motion to adjourn for the Planning and Zoning Commission. Commissioner Mayfield 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 RECONVENE INTO REGULAR SESSION. Page 8, Joint Public Hearing/Town Council Meeting 02/13/96 At 9:47 Mayor Carter announced the return to agenda items 14, 15, 17, and 18. STAFF AND COMMITTEE REPORTS Police Chief Miller presented to Hap Baggett and Cy Holley of Oakmont Enterprises, Inc. plaques with the former and current police department badges. This show of appreciation was for their dedication and active participation with our Police Department. Chief Miller then requested the immediate purchase of a fourth police vehicle. In the past two weeks the three patrol cars were in for unscheduled maintenance at the same time. Because of this hardship and lack of protection for the citizens, he asked that his request be considered an emergency. After discussion ensued and agreement that a police vehicle would normally be budgeted for October, the Council called for an emergency session for Friday, February 16th. Chief Miller then announced the Police Awards Banquet on Thursday March 28th at 7:00 p.m. to honor Trophy Club's Officers. Public Works Director LeGrand informed the Council that the concrete demolition for the new front entrance would begin on Monday the 19th. Planning and Zoning Administrator, Pauline Shaw, reported that Trophy Club now has 1,666 homes as of February 2nd. Town Secretary Sadri reminded everyone that the application packets for the May general election of council members would be available Tuesday the 20th. Town Manager, Donna Welsh, complimented Hap Baggett on the attractive landscaping of the monuments on Highway 114. PRESENTATIONS BY COUNCIL No presentations were given by the Council. CLOSED 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> A. TO CONSIDER AN APPOINTMENT TO THE FINANCE COMMITTEE. Town Council adjourned into Closed -door session at 10:25 p.m. to discuss the applicant's appointment. Page 9, Joint Public Hearing/Town Council Meeting 02/13/98 RECONVENE INTO {PEN SESSION:- TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION TO TAKE NECESSARY ACTION REGARDING THE MATTER DISCUSSED IN CLOSED SESSION PURSUANT TO AGENDA ITEM A. Town Council reconvened into open session at 10:28 p.m, Mayor Pro Tem Hill made u motion to appoint David 8arlitz to the Finance Committee. Council Member Glagp«all seconded; motion passed unanimously. ADJOURN Mayor Pro Tem Hill made u motion to adjourn the meeting at 10:31 p.m. Council Member Engelbech seconded; motion pmna«*d unanimously. It was noted that the next regular session is Tuesday, March 19th and a joint session with the Planning and Zoning Commission on Thursday, March 7th. TOWN SECRETARY PLANNING AND z6NING CHAIRMAN PLANNING AND ZONING SECRETARY