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Minutes TC 02/03/1986MINUTES OF PUBLIC HEARING 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 Special Session on February 3, 1986 at 7:00PM. The meeting was held at the Municipal Utility District Building, 100 Water Plant Road, Trophy Club, Texas. The meeting was held within the boundaries of the Town and was open to the Public. Jim Carter Terry Vance Bettye Dayton George Doran Ted Neidenberger Mayor Mayor Pro Tem Council Member Council Member Council Member Also present were members of the City staff: John Hill David Nolte John Jacobs Donna Welsh CALL TO ORDER Attorney City Marshal City Treasurer City Secretary Mayor Called the meeting to order at 7.-0GPM. INVOCATION Mayor Pro Tem Vance led the Invocation. PLEDGE OF ALLEGIANCE Mayor Pro Tem Vance led the Pledge of Allegiance. CONSIDERATION OF RESOLUTIONS/ORDINANCES: SECOND READING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS MAKING PROVISIONS REQUIRING A SINGLE FAMILY RESIDENCE LICENSE; PROVIDING DEFINITIONS; PROVIDING A LICENSE FEE AND A REINSPECTION FEE; PROVIDING STANDARDS; PROVIDING FOR INSPECTION OF CERTAIN RECORDS AND THE PREMISES; PROVIDING FOR AN APPEAL TO THE TOWN COUNCIL; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OF CONTINUES; PROVIDING A SEVERABILITY CLAUSE~ AND DECLARING AN EFFECTIVE DATE. Mayor Carter stated that this ordinance is being considered as a second reading. There is another ordinance under the Page l first reading category dealing with the licensing for apartment complexes. Mayor Carter suggested to the Council the two ordinances be considered at the next meeting because they are "companion ordinances" and go hand in hand. Council Member Neidenberger made a motion to table the sin le family residence license ordinance until the next meeting. Both ordinances will be considered under the second reading category at that time. Council Member Doran seconded, motion carried unanimously. CONSIDERATION OF ORDINANCES/RESOLUTIONS: FIRST READING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, MAKING PROVISIONS REQUIRING AN APARTMENT COMPLEX LICENSE; PROVIDING DEFINITIONS; PROVIDING A LICENSE FEE AND A REINSPECTION FEE; PROVIDING STANDARDS; PROVIDING FOR INSPECTION OF CERTAIN RECORDS AND THE PREMISES; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CALLING AN ELECTION PURSUANT TO ARTICLE 1066C OF THE TEXAS REVISED CIVIL STATUTES ANNOTATED ON THE QUESTION OF THE ADOPTION OF A LOCAL SALES AND USE TAX; PROVIDING THAT SUCH QLIESTION SHALL BE SUBMITTED AT THE NEXT REGULAR TOWN ELECTION TO BE HELD ON APRIL 5, 1986, WHICH DATE IS MQT LESS THAN THIRTY (30) NOR MORE THAN NINETY (90) DAYS FROM THE DATE OF THIS ORDINIANCE; PROVIDING FOR NOTICE OF AN ELECTION ON SUCH QUESTION TO BE GIVEN BY CAUSING A SUBSTANTIAL COPY OF THIS ORDINANCE TO BE PUBLISHED ON THE SAME DAY 8F TWO (2) SUCCESSIVE WEEKS PRIOR TO THE ELECTION; PROVIDING FOR THE ELECTION CALLED HEREIN TO BE CONDUCTED IN ACCORDANCE WITH THE LAW PROVIDED FOR OTHER MUNICIPAL ELECTIONS; PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING: COUNCIL TO CONSIDER THE FOLLOWING ORDINANCES AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING REGULATIONS FOR A GOVERNMENTAL USE DISTRICT; PROVIDING FOR ACCESSORY AND CONDITIONAL- USES; PROVIDING SCREENING REGULATIONS; PROVIDING FOR CONFORMITY TO THE SIGN ORDINANCE; PROVIDING FOR MINIMUM LOT SIZE AND YARD REQUIREMENTS; PROVIDING FOR MAXIMUM LOT COVERAGE BY BUILDINGS AND STRUCTURES; PROVIDING FOR MAXIMUM HEIGHT FOR BUILDINGS AND STRUCTURES; ESTABLISHING OFF STREET PARKING AND LOADING REQUIREMENTS; PROVIDING FOR SITE PLAN REVIEW AND APPROVAL; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE AND � DECLARING AN EMERGENCY. Page 2 Mayor Carter stated that the M.U.D. had appointed him to serve as Hearings Officer for their entity as well as for the City, to meet the requirements of the M.U.D. Mayor Carter told the Council that the Planning and Zoning Commission had approved this ordinance as written at their January meeting and sent it to the Council for approval. PUBLIC COMMENT Mayor Carter asked for any Public comment concerning the ordinance, there was none. Mr. Bill Tynes: of the Planning and Zoning Commission, stated that the commission had reviewed the ordinance in depth and listed changes they felt should be incorporated in the ordinance. The commission then asked Mr. Boutwell of Freese and Nichols to review the ordinance as well. Mr. Boutwell listed the recommendations and gave them to the city attorney. Mr. Boutwell stated that the changes had not been incorporated in the ordinance because the Council should review the suggestions. Mayor Carter asked the Council to consider a motion to incorporate Mr. Boutwell's comments into the ordinance. Mayor Carter pointed out that he had not heard the Council say anything that was not addressed in Mr. Boutwell's recommendations. Mayor Pro Tem Vance stated that he had written in the comments in his copy of the ordinance and had only a few suggestions. The changes suggested by the Council were: 1. Exhibit "A"- Delete item 1.4 D & E which referenced public incinerators and sanitary landfills. 2. Exhibit "A" -Under 1.2 Permitted Uses add the words "fire stations, police stations and other public facilities". 3. Page 3- Strike items 1.8 and 1.9 on page three. 4. Page 4- Paragraph C. 1, leave the first sentence only and add the 60 degree and 45 degree parking as referenced in Mr. Boutwell's recommendations. 5. Page 5- Paragraph D, Delete the wording in this paragraph with reference to drive lanes and add Mr. Boutwell's recommendations as follows: Minimum width of 26 feet for 90 degree parking spaces, 24 feet for 60 degree parking spaces, and 20 feet for 45 degree Page 3 parking spaces. The minimum width for one-way traffic for all parking shall be 20 feet. 6. Page 2, Section 1- Change the words "Commercial Planned Development District Regulations" to "Government Use". Mayor Pro Tem Vance made a motion to adopt the ordinance as modified, Council Member Martignago seconded, motion carried unanimously. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR THE APPLICATION OF THE GOVERNMENTAL USE "GU" DISTRICT REGULATIONS TO A CERTAIN TRACT IN THE TOWN OF TROPHY CLUB, TEXAS, LOCATED AT THE INTERSECTION OF SUMMIT COVE AND TROPHY CLUB DRIVE WITHIN THE CORPORATE LIMITS OF THE TOWN AND DESCRIBED MORE ACCURATELY BY METES AND BOUNDS HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000,00) 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. PUBLIC COMMENT Mayor Carter asked if anyone would like to comment on the ordinance. Mr John Peters, Vice -President of the M.U.D. Board, pointed out that Mr. Boutwell had stated that State Entities were exempt from this ordinance. Mr. Peters questioned is the City has Jurisdiction over a State agency. John Hill stated that the M.U.D. is not a State organization, it is a State Political Sub -Division Just as the City, so in that respect they are on an equal par. The City does have great zoning powers and any governmental entity in the city limits has to comply with those ordinances. Mr. Peters stated that he would let his question stand. Mayor Carter asked Mr. Hill to research the question and report back to the Council. One of the questions discussed concerned warning signals near the fire station. Mr. Unger, Fire Chief, stated that the Fire Department would take responsibility for the signals. The Council asked that they be allowed to review the signals and placement of the signals before they are implemented. Mayor Pro Tem Vance made a motion to accept the ordinance as written, Council Member Martignago seconded, motion carried unanimously. SITE PLAN REVIEW: FIRE STATION The Council reviewed the Site Plan for the Fire Station with Mr. Boutwell, Engineer with Freese and Nichols, Roger Unger, Fire Chief, and Bill Tynes, Planning and Zoning Commission. Changes to the site plan: 1. Note 9: Change to "Curbs to be added". 2. "Stand-up curbs will be used". 3. Marshal Nolte will supply the State Standards for the warning lights. 4. Add Note 10: Emergency signalling on Trophy Club Drive is required to warn traffic of emergency egress and ingress and must meet established State traffic laws. Council Member Martignago made a motion to adopt the Site Plan as written with the addition of Note 10 referenced above, Mayor Pro Tem Vance seconded, motion carried unanimously. EXECUTIVE SESSION The Council adjourned into Executive Session. OPEN SESSION -The City Council considered a proposal from the C.I.A. The proposal reads: The Trophy Club Community Improvement Association is in favor of and actively supports the transition of the C.I.A. services to the City of Trophy Club. To speed the transition and facilitate the current needs of the City, we authorize- the uthorizethe funding of appropriate administrative staff that has been granted authority by the City of Trophy Club to act on their behalf. This authority is contingent upon the City's agreeing to enforce all existing and future City ordinances and assume the responsibility for all current contractual obligations of the C.I.A. as these contracts expire or sooner. A tentative schedule for the completion of this transition will be agreed to by the Board of Trustees of the C.I.A. and representatives of the City Council. Mayor Pro Tem Vance made a motion to accept the offer from the C.I.A. for funds to pay for administrative services and that we will work out the details to implement that plan and respond to their proposal for a tentative schedule on the Page 5 completion of the transfer of the C.I.A. services to the City. Council Member Martignago seconded, motion carried unanimously. -Mayor Pro Tem Vance made a motion to accept Freese and Nichols proposal of professional services for the analysis of the community survey and development of goals and objectives. The proposed fee will be based on a maximum not -to -exceed fee of $12,000.00. Council Member Martignago seconded the motion, motion carried unanimously. -Mayor Pro Tem Vance made a motion to form a committee to meet with Independent American to acquire the park land for Trophy Club. The members nominated to the committee will be Council Member's Neidenberger and Martignago. The motion was seconded by Council Member Doran, motion carried unanimously. -Council Member Martignago made a motion to appoint Council � Member Neidenberger Chairman of the Committee, Mayor Pro Tem Vance seconded, motion carried unanimously. -Mayor Carter suggested forming a youth group in the community. He stated that adults as well as some of the youths could be on the committee. They could organize functions such as dances, parties, etc. The Council will present the idea at the next Council meeting and form a committee of volunteers. -Marshal Nolte pointed out that when the ordinance was passed designating stop signs within the town limits, an amendment was placed with that ordinance that would eliminate the stop sign on the corner of Indian Creek and Trophy Club Drive. The Council will review the ordinance to correct the wording~ Council Member Neidenberger made a motion to adjourn, Council Member Martignago seconded, motion carried unanimously. 4TSEC ETARY__