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Minutes TC 12/01/1998 - Joint SessionMINUTES OF JOINT SESSION WITH PLANNING AND ZONING COMMISSION/ PUBLIC HEARING / REGULAR TOWN COUNCIL MEETING/ FOR THE TOWN OF TROPHY CLUB DECEMBER 1, 1998 THE STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, met at 7:00 p.m. in a joint session /public hearing/regular session on Tuesday, December 1, 1998. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Marshall Engelbeck Ben Brewster Kay Pratt Kevin Carr COUNCIL MEMBERS ABSENT: Susan H. McCabe STAFF AND GUESTS PRESENT: Cathy Morgas Bill LeGrand Pam Liston Roger Unger STAFF AND GUESTS ABSENT: Donna Welsh Diane Cockrell PLANNING AND ZONING COMMISSION: Mike Ilamper Gene Hill Clayton Reed Rick Gilliland Roger Williams David Schaaf Donald Cotton Dan Boutwell Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member (Acting Recording Secretary) Planning Director Director of Public Works Acting Town Attorney Municipal Utility District Manager Town Manager Town Secretary Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Town Planner Page 2 Town Council/P & Z Joint Session December 1, 1998 CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Carter called the meeting to order at 7:04 p.m., noting a quorum was present. INVOCATION: Town Planner, Dan BOutwell gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS The Pledge of Allegiance to the American and Texas Flags was led by Council Member Pratt. CITIZEN PRESENTATIONS: THIS 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: Mike Michaelis, 322 Village Trail, addressed the Council regarding the "noise suppression wall" along Highway 114. PRESENTATION TO COUNCIL: GARY TERRY, GENERAL MANAGER OF SOUTHWESTERN BELL, REGARDING REQUEST FOR USAGE OF RIGHT-OF-WAY'S FOR TELECOMMUNICATIONS PURPOSES: Mr. 'Terry updated the Council regarding a new franchise ordinance developed by Southwestern Bell is recommending to the Council. The Ordinance allows a fee for the use of the line and the town would have control over any competitor that may want to give service to the town. The Ordinance would allow a two tier fee (resident and non-resident), and allows for growth. Southwestern Bell will keep records regarding the growth and fees each month. TOWN COUNCIL TO CONSIDER AN ORDINANCE GOVERNING USE AND OCCUPANCY OF THE CITY'S RIGHTS-OF-WAY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES, INCLUDING THE ESTABLISHMENT OF COMPENSATION FOR THAT USE AND OCCUPANCY: Andrew Afifi, 300 Madeline Cove, addressed the Council regarding this subject. Council Member Carr made a motion to table this agenda item until December 15, 1998. Council Member Brewster seconded; motion passed unanimously. DISCUSSION AND APPROPRIATE ACTION REGARDING A MERITORIOUS EXCEPTION REQUEST FROM BRISCOE CLARK DEVELOPMENT FOR FIVE SIGNS, TWO OF THE FIVE SIGNS WOULD BE OVERSIZED AND FIVE OF THE FIVE SIGNS WOULD BE LOCATED OFF PREMISE: Page 3 Town Council/P & Z Joint Session December 1, 1998 Robey Clark, Partner, Briscoe Clark requested a meritorious exception on five signs, two oversized, all five will be off premise. Mayor Pro Tem Engelbeck made a motion to grant the exception as requested for a period of six months from date of installation with an option to renew. Council Member Brewster seconded; motion passed. With Mayor Pro Tem Engelbeck, Carr and Brewster voting in favor of the motion and Council Member Pratt against. CONSENTAGENDA: ALL MATTERS LISTED UNDER AGENDA ITEM 8, 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 OF SEPTEMBER 1, 1998 MEETING. C. MINUTES OF NOVEMBER 17, 1998 MEETING. Council Member Carr made a motion to accept the September I, 1998 and November 17, 1998 minutes as written. Mayor Pro Tem Engelbeck seconded; Council Member Pratt abstained on the September I, 1998; motion passed unanimously. B. MINUTES OF OCTOBER 20, 1998 MEETING. Council Member Brewster made a motion to accept the October 20, 1998 minutes as written. Council Member Pratt seconded; Council Member Carr abstained; motion passed unanimously. TOWN COUNCIL AND PLANNING AND ZONING COMMISSION TO CONVENE INTO ,JOINT SESSION: JOINT SESSION PLANNING AND ZONING COMMISSION TO OPEN JOINT SESSION WITH TOWN COUNCIL. CALL TO ORDER AND ANNOUNCE A QUORUM: A. TOWN COUNCIL: Mayor Carter called the meeting to order at 7:38 p.m. and announced a quoruâ–șn was present. B. PLANNING & ZONING COMMISSION: Chairman Hamper called the meeting to order at 7:38 p.m. and announced a quorum was present. JOINT PUBLIC HEARING PLANNING AND ZONING COMMISSION TO OPEN JOINT PUBLIC HEARING WITH TOWN COUNCIL: Commissioner Reed moved to open the joint public hearing with the Town Council. Commissioner Hill seconded; motion passed unanimously. TOWN COUNCIL TO OPEN JOINT PUBLIC HEARING WITH PLANNING AND ZONING: Council Member Carr moved to open the joint public hearing with the Planning & Zoning Commission. Mayor Pro Tem Engelbeck seconded; motion passed unanimously. Page 4 Town Council/P & Z ,Joint Session December 1, 1998 TOWN COUNCIL AND PLANNING AND ZONING COMMISSION TO CONDUCT A JOINT PUBLIC HEARING RELATIVE TO: A. THE COMPREHENSIVE ZONING ORDINANCE. Planning and Zoning Chairman Mike Hamper updated and clarified the changes to the comprehensive Zoning Ordinance for the Council. Town Planner Dan I301,1twell, explained sore of the changes: new use tables; the new section on antennas and towers; the updating of the section on home occupations and garage sales. 2 1/2 story residences should be changed to a maximum of 40 feet in height - single family districts. Donna Krauss, 549 Indian Creek Dr. addressed the Council and Commission. TOWN COUNCIL TO CLOSE JOINT PUBLIC HEARING AND/OR CONTINUE TO DATE CERTAIN: Mayor Pro Tem Engelbeck moved to close the joint public hearing. Council Member Pratt seconded; motion passed unanimously. PLANNING AND ZONING COMMISSION TO ADJOURN JOINT PUBLIC HEARING WITH THE TOWN COUNCIL: Commissioner Hill moved to adjourn the joint public hearing with the Town Council. Commissioner Cotton seconded; motion passed unanimously. JOINT SESSION TOWN COUNCIL TO OPEN JOINT SESSION WITH PLANNING AND ZONING COMMISSION: Council Member Pratt moved to open the joint session with the Planning and Zoning Commission. Council Member Carl- seconded; motion passed unanimously. PLANNING AND ZONING COMMISSION TO CONVENE INTO JOINT SESSION WITH THE TOWN COUNCIL: Commissioner Gilliland moved to open the joint session with the Town Council. Commissioner Reed seconded; motion passed unanimously. TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND TAKE APPROPRIATE ACTION REGARDING: A. ADOPTION OF AN ORDINANCE TO ADOPT THE COMPRHENSIVE ZONING ORDINANCE. Commissioner Hill moved to recommend the Town Council adopt the Comprehensive Zoning Ordinance. Commissioner Williams seconded; motion passed unanimously. Page 5 Town Council/P & Z Joint Session December 1, 1998 Council Member Engelbeck moved to adopt the Comprehensive Zoning Ordinance with the removal of sections 58,59,61 & 62 and the 21/2 story requirements. Council Member Pratt seconded; motion passed unanimously. PLANNING AND ZONING TO ADJOURN THE JOINT PUBLIC SESSION WITH THE TOWN COUNCIL: Commissioner Hill moved to adjourn the joint public session with the Town Council. Commissioner Williams seconded; motion passed unanimously. END OF JOINT SESSION WITH PLANNING AND ZONING COMMISSION TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION: REGULAR SESSION Town Council reconvened into regular session at 8:05 p.m. STAFF AND COMMITTEE REPORTS. Billy Hughes , Parks and Recreation Chairman, announced that there would be an open house for the new playground equipment at Harmony Park, on December 12, 1998, at 1:00 p.m. Dave Robison, reported the Finance Committee is in the process of developing options to finance upcoming projects for the next five to ten years. Barbara Tweedie, reported the Public Relations Committee is in the process of developing a new brochure for the Town. PRESENTATIONS BY COUNCIL. Mayor Pro Tem Engelbeck expressed his thanks for the Vision Committee's excellent presentation at the last Council meeting. He strongly recommended initiating the actions suggested, and stated a coordinating committee was needed.. He also stated, it is important to promote the Towns relationship with the Northwest Independent School District and the Town should move toward coordinating the use of the land between the new schools and look at the feasibility of implementing a summer youth program. Resident Ron Moranville, Former Vice President of National Boy Scouts of America, has agreed to provide a slmimary of other successful programs. Council Member Brewster also expressed his thanks at the outstanding work product presented by the Vision Committee. Mayor Carter also relayed that lie felt that the Vision Committee did an excellent job. He also encouraged the other Committees to take the "Vision" recommendations that fall in their areas and implement what can be done easily and evaluate how to accomplish the other recommendations. SUPPLEMENTAL AGENDA TOWN COUNCIL TO DISCUSS TERMINATION OF FRANCHISE AGREEMENT WITH MARCUS CABLE: (MAYOR PRO TEM MARSHALL ENGELBECK) Mayor Pro Tem Engelbeck expressed concerns regarding the general service problems and the customer service problems being experienced by residents with regard to Marcus Cable. Page 6 Town Council/P & Z Joint Session December 1, 1998 Margaret Mosely, Government Relations Manager for Marcus Cable explained the reasons for problems being experienced by Trophy Club residents. The following residents addressed the Council regarding this subject Stephanie Holt, 312 Village Trail Court Andrew Afifi, 30 Madeline Cove Billy Hughes, 216 Inverness Drive Ed Tweedie, 220 Oakmont Dave Edstrom, 269 Oak Hill Doyle Krauss, 549 Indian Creek Jon Livers, 111 Carnoustie Drive Barry Huizenga, 208 Pebble Beach Drive Mayor Pro Tem Engelbeck made a motion to have a "show cause" letter of reply to be returned to the Town by December 15, 1998 from Marcus Cable addressing the following concerns: 1. Current status 2. Plan & Criteria of service 3. Definition of numbers to be called for service 4. Firm completion date 5. Identification of installers and service people 6. New service identifications and cost program 7. Map showing fiberoptics cable locations The letter will be sent to Marcus Cable, cc: David Barford, Charter Communications, signed by Mayor Jim Carter. The motion was seconded by Council Member Pratt; motion carried unanimously. ADJOURN: Council Member Carr made a motion to adjourn at 9:20 p.m. Council Member Brewster seconded; motion carried UnanimOUSly. Mayor Pro Tem Mike Hamper, Chairp rson Cathy Morgas Recording Secretary Planning Director (Seal)