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Minutes TC 08/25/1986MINUTES OF REGULAR MEETING TOWN OF TROPHY CLUB TROPHY CLUB, TEXAS THE STATE OF TEXAS > COUNTY OF DENTON ) The Town Council of the Town of Trophy Club met in Regular Session on Monday August 25, 1986 at the Municipal Utility District building, 100 Water Plant 1load, Trophy Club,, Texas. The meeting was held within the boundaries of the Town and was open to the Public* Jim Carter Dick Venetoff Bettye Dayton Aldo Martignago Tracy Kunkel Tarry Vance Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Also present were members of the Town staffs John Hill Attorney Jack Jacobs Treasurer Daty i d Nolte Marshal Donna Welsh Secretary CALL TO ORDER Mayor Carter called the meeting to order at 7105PM. INVOCATION The Invocation was led by Tim Turner of Roanoke Christian Center. PLEDGE OF ALLEGIANCE The Pledge was led by Jack Jacobs. CONSIDERATION OF MINUTES Council Member Martignago made a motion to approve the minutes of the August 11th meeting with a modification, Council Member Dayton seconded, motion carried unanimously. Council Member Dayton made a motion to approve the minutes for the August 12th Emergency meeting as written, Council Member Martignago seconded, motion carried with Council Members Vance and Venetoff abstaining. They were unable to attend the meeting. page 2 PRESENTATIONS BY CITIZENS None PRESENTATIONS BY COUNCIL -Mayor Pro Tem Venetoff stated that he was misquoted by the Keller Paper. The paper stated that he was against fences in Trophy Club. He pointed out that he as well as the other Council Members were trying to govern fences in Trophy Club. -Council Member Dayton asked if there was some problem with the sign moratorium being enforced. She stated that there are several signs still up that should have been taken down. -Council Member Dayton also stated that the Town should also look at a towing ordinance. She pointed out that there have been times that owners of cars or boats in conflict of an ordinance cannot be notified. Mr. Hill will provide the Council with a towing ordinance to consider. -Council Member Vance asked if anything had been done on the Hwy. 114 traffic light. Mayor Carter stated that he and the Marshal had talked with Mayor White of Westlake. Mayor White stated that he had contacted Westlake•s attorney but because he is in Austin, these matters take more time. CONSIDERATION OF ORDINANCESi FIRST READING AN ORDINANCE OF THE TOWN OF TROPHY CLUB„ TEXAS- PROVIDING REGULATIONS FOR A RESIDENTIAL -121000 SQUARE FEET ZONING DISTRICT; PROVIDING USE, HEIGHT, AREA AND BUILDING AND PARKING REGULATIONS; PROVIDING FOR PLATTING; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTYNOTTO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,0O0.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH -A-VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. CONSIDERATION OF ORDINANCESs SECOND READING AN ORDINANCE OF THE TOWN OF TROPHY CLUB„ TEXAS ESTABLISHING REGULATIONS FOR THE CONSTRUCTION OF FENCES; PROVIDING DEFINITIONS; REQUIRING A PERMIT AND A PERMIT FEE; ESTABLISHING HEIGHT REQUIREMENTS; PROVIDING REGULATIONS REGARDING THE LOCATION, TYPE AND CONSTRUCTION OF FENCES ESTABLISHING REGULATIONS REGARDING THE CONSTRUCTION OF FENCES AND SWIMMING POOLS; PROHIBITING THE CONSTRUCTION°OF A FENCE ACROSS PUBLIC PROPERTY; PROVIDING FOR AN INSPECTION; PROVIDING MAINTENANCE REQUIREMENTS; PROVIDING THAT THIS -SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING FENCES EXCEPT TO THE EXTENT OF CONFLICT HEREWITH. page 3 Mayor Carter stated that this Ordinance had been tabled -at the last meeting to give the Council time to study several questions that were brought up. He pointed out the changes that were made at the August 11th meetings 1. Page2 Section S "a"- Strike the -words "in an area zoned for residential use". 2. Page 2 Section S "b"- Strike the words "in an area zoned for residential use". 3. Fencers will be restricted to an area no greater than 800 square feet except for swimming pool enclosures. Fences for swimming pools shall not extend more than 15 feet from the edge of the pool. All fences shall abut the home. Council Member Martignago stated that for the record he was not opposed to all fences. He felt that the Council had questions as to the amount of the lot that could be fenced. Mayor Carter stated that he personally does not like fences but that personal tastes should be addressed. Bill Tynes, Chairman of the P & Z stated that people want fences for different reasons and everyone cannot live on the golf course. He pointed out that the P 9 Z collected ordinances from several town's and felt this was a good ordinance. Many members of the community stated their feelings on fences. The overwhelming majority felt the Council should allow fences for the protection of children and privacy. Mayor Carter and the Council pointed out to the audience that one of the reasons for the ordinance being introduced was because there have been several unsightly fences erected in Trophy Club and the City has received several complaints. The following changes were made to the ordinance: 1. Page 2: The permit fee was changed to $25.00. 2. Section 5 "A" should read: It shall be unlawful for any fence to be constructed that is electrically charged in any manner. 3. Section 5 "B" should read: It shall be unlawful for any fence to be constructed or maintained that is composed of wire fencing. rza'�" 4. Page 3 Section "I" should read: Any part of a fence that faces a street shall have the finished side facing the street. 3. Page 3 Add Section "K": Wood Fences shall be maintained in natural wood tones. White picket fences will be accepted. S. Council Member Vance made a motion to delete the portion of his motion made at the previous meeting concerning the 500 sq. ft. limit for a fenced area. Council Member Martignago seconded the motion, motion carried unanimously. The Council asked the attorney to add a statement for a grandfather clause and a statement providing for a variance. Council Member Vance made a motion to accept the ordinance with the amendments and to have the P & Z clarify the two visability statements. Mayor Pro Tem Venetoff seconded the motion, motion carried unanimously. COUNCIL TO CONSIDER AMENDING ORDINANCE NO. D 85-E4 DEALING WITH MOBILE HOMES, BOATS, TRAILERS, PORTABLE STRUCTURES, ETC. Mayor Carter pointed out that there has been some concern over Section 6 in the ordinance and its intent. Mayor Carter suggested the following changes to clarify the paragraph: Section 6 "A": It shall be unlawful for any person who is a resident of the Town to locate or maintain any recreational vehicle, boat or trailer within the corporate limits of the Town of Trophy Club for more than two days per month. Section 6 "B": Any bonafide guest of a resident of the Town of Trophy Club may locate a recreational vehicle within the Town for a period not to exceed sever, consecutive days in any calendar month. Council Member Vance made a motion to accept the wording as read by Mayor Carter, Council Member Martignago seconded, motion carried unanimously. PRESENTATION: UPDATE FROM PARKS AND RECREATION COMMITTEE Mr. Jahn Sheller, Chairman of the Parks and Recreation Committee reviewed the process leading up to the City receiving the grant for matching funds for a park. He stated that two appraisals of the land would be needed for the quarterly report due to the State by September 15th. These appraisals would cost approximately $2,000.00. page 5 He asked the Developer Relations Committee to address the following itemso 1. Talk with the owners of the land in question, (or investors), to try and secure the dedication of this tract. 2. Review what the options are if this is not successful. Council Member Martignago will address item one. Council Member Vance made a motion to authorize the not to exceed figure of ($2,,000.00) for the appraisals predicated on a favorable response from the land owners of the tract. Council Member Martignago seconded, motion carried unanimously. Mr. Sheller will secure estimates by September 10th. The Council will determine if the answer from the landowner is favorable before authorizing the expenditure for the appraisals. -Mr. Sheller stated that the Parks and Recreation Committee has reviewed the Park Land Dedication Ordinance and made several changes. He will take it to the P & Z Commission for review and then it will be passed to the Council. -Next,, Mr. Sheller and Beverly Foley presented a report to the Council concerning two "neighborhood parks". They asked the Council to consider funding 50% of the $40,000 request which included a starter set for the playgrounds and additional lighting for a soccer and baseball field. Mr. Sheller pointed out that if the grant from the state is successful, the $25,000 for the additional lighting included in the request would not be required. They stated that the insurance for the first year would be paid out of funds already donated. Mr. Sheller asked the Council to look into leasing the two parcels of land for the parks. One is located adjacent to the C.I.A. pool area and the other is across from the baseball field adjacent to the creek. Council Member Vance made a motion to proceed with investigating a lease and to proceed with verification that the insurance can be covered, that the City is protected against any liability and no funding will be committed on the part of the City by any of these actions. Council Member Martignago seconded, motion carried unanimously. page 6 PRESENTATION: BUDGET COMMITTEE TO PRESENT THE BUDGET FOR FISCAL YEAR OCTOBER 19 1986 TO SEPTEMBER 30, 1987. Mayor Pro Tem Venetoff and Jack Jacobs, City Treasurer, reviewed the budget in detail. A copy of the proposed budget is filed with the minutes of this meeting. Council Member Vance made a motion to approve a one cent increase in the 10.18/100 tax rate to provide the funding, ($20,000.00) for the park contingency to be funded in March 1987. Council Member Martignago seconded, motion carried with Council Member Kunkel abstaining. Council Member Vance made a motion to submit the budget with the amendments made tonight to the City Secretary, Council Member Martignago seconded, motion carried unanimously. EXECUTIVE SESSION The Council recessed into Executive Session in accordance with Article 6252-17 V.A.T.C.S., to discuss the following matters: 1. Consideration of committee appointments. OPEN SESSION The Council appointed Mrs. Carole Nolte as Historian for the City of Trophy Club. Mrs. Nolte has taken an active interest in the Town and has consistently attended the Council meetings. ADJOURN Council Member Vance made a motion to adjourns Council Member Martignago seconded, motion carried unanimously. MAYOR CITY SECRETARY