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Minutes TC 06/13/1988MINUTES OF TOWN COUNCIL 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 June 13, 1988 at the Municipal Utility District Building. The meeting was held within the boundaries of the Town and was open to the Public. Jim Carter Terry Vance Beverly Foley Marilyn Hallgren George Doran Aldo Martignago Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Also present were members -of the Town staff: John Hill Attorney Jack Jacobs Treasurer David Nolte Marshal Tim Fleming Building Inspector Donna Welsh Town Secretary CALL TO ORDER Mayor Carter called the meeting to order at 7:00 p.m. INVOCATION Mayor Pro Tem Vance gave the Invocation. PLEDGE OF ALLEGIANCE Town Treasurer Jack Jacobs led in the Pledge of Allegiance. CONSIDERATION OF MINUTES Mayor Pro Tem Vance made a motion to approve the minutes of the May 17th Public Hearing as written, Council Member Martignago seconded, motion carried with Council Member Foley abstaining. Council Member Doran made a motion to approve the minutes of the May 23, 1988 Public Hearing with an amendment, Council Member Martignago seconded, motion carried unanimously. Page 2 Council Member Martignago made a motion to approve the minutes of the May 23, 1988 Regular Meeting as written, Mayor Pro Tem Vance seconded, motion carried unanimously. PRESENTATIONS BY CITIZENS None PRESENTATIONS BY COUNCIL Council Member Doran stated that several residents had spoken with him concerning the condition of the creeks in Trophy Club. They were upset with the mosquito problem and high water level of the creek. The Public Works Committee will address the problem. TOWN COUNCIL TO CONSIDER AMENDING ORDINANCE NO. 0 85-11, SOUTHWESTERN BELL FRANCHISE, BY THE AMENDMENT OF VARIOUS ARTICLES RELATING TO TAXATION OF TELECOMMUNICATIONS SERVICES. Mr. Gary Terry of Southwestern Bell reviewed the amendment with the Council. The proposed amendment will be on the July 11th agenda for second reading. STAFF REPORTS Copies of the Staff Reports are filed with the minutes of this meeting. Council Member Martignago made a motion to approve the financial reports as presented, Council Member Doran seconded, motion carried unanimously. COMMITTEE REPORTS PUBLIC WORKS - Council Member Doran stated that the Public Works Committee is working on the street construction, Planned Cable and the creek problems. The committee is also addressing several complaints concerning poor service with the trash collection, street sweeping and enforcement of ordinances. Council Member Doran suggested a special newsletter devoted to ordinance enforcement. FINANCE COMMITTEE - Town Treasurer Jack Jacobs stated that the next meetinglaf the Budget Committee will be July 12th. The committee will try to provide the Council with a preliminary budget by the end of July. PARKS AND RECREATION - Mayor Pro Tem Vance stated that the committee has prepared a preliminary budget. It will be presented to the budget committee in July. Page 3 TOWN COUNCIL AND C.I.A. TO DISCUSS THE FINALIZATION OF AGREED AREA OF MAINTENANCE OF COMMON PROPERTY FOR 1989. Mayor Carter stated that he had met with the President of the C.I.A., Mr. Tom Dyer, and Cindy Kelly concerning maintenance of the common properties. Mayor Carter reviewed a list of the common properties that are to be taken over by the Town on January 1, 1989 from the C.I.A. It was the general concensus of the Council and the C.I.A. to have the Town budget for maintenance of these properties as of January 1, 1989. RESOLUTION: TOWN COUNCIL TO CONSIDER A RESOLUTION GOVERNING THE TOWN'S INVESTMENT PRACTICES; DESIGNATING AN INVESTMENT OFFICER; DEFINING THE AUTHORITY OF THE INVESTMENT OFFICER. Mayor Pro Tem Vance made a motion to approve the Resolution as written, Council Member Martignago seconded, motion carried unanimously. Council Member Martignago made a motion to appoint Town Treasurer Jack Jacobs as Chief Investment Officer for the Town, Mayor Pro Tem Vance seconded, motion carried unanimously. Mayor Pro Tem Vance made a motion to appoint Town Secretary Donna Welsh as Investment Officer for the Town, Council Member Doran seconded, motion carried unanimously. The Town Council will review the investment activities on a monthly basis. CONSIDERATION OF ORDINANCES: TOWN COUNCIL TO CONSIDER AN AMENDMENT TO ORDINANCE NO. 0 86-22 RELATING TO FENCES. THIS ORDINANCE WOULD REQUIRE FENCES CONSTRUCTED PRIOR TO THE FENCE ORDINANCE SUBJECT TO THE PROHIBITION AGAINST ALTERING THE NATURAL OR PLANNED DRAINAGE ON A RESIDENTIAL LOT. Council Member Doran made a motion to approve the ordinance as written, Council Member Foley seconded, motion carried unanimously. CONSIDERATION OF ORDINANCES: SECOND READING 1. UNIFORM BUILDING CODE, 1985 EDITION 2. UNIFORM BUILDING CODE STANDARDS, 1985 EDITION 3. UNIFORM FIRE CODE, 1985 EDITION 4. UNIFORM FIRE CODE STANDARDS, 1985 EDITION 5. UNIFORM MECHANICAL CODE, 1985 EDITION 6. DWELLING CONSTRUCTION UNDER THE UNIFORM BUILDING CODE, 1985 EDITION 7. UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS STRUCTURES, 1985 EDITION 8. UNIFORM HOUSING CODE, 1985 EDITION Council Member Doran made a motion to approve the ordinances as presented, Council Member Foley seconded, motion carried unanimously. Page 4 TOWN COUNCIL TO CONSIDER AN ORDINANCE ESTABLISHING REGULATIONS GOVERNING THE INSTALLATION OR REPAIR OF ELECTRICAL WIRING OR OTHER ELECTRICAL EQUIPMENT WITHIN THE TOWN; ADOPTING THE NATIONAL ELECTRICAL CODE, 1987 EDITION. Council Member Martignago made a motion to approve the ordinance as written, Council Member Doran seconded, motion carried unanimously. TOWN COUNCIL TO CONSIDER ADOPTING A SCHEDULE OF FEES FOR THE TOWN 1. BUILDING PERMITS 2. PLAN REVIEWS 3. ELECTRICAL PERMITS 4. MECHANICAL PERMITS 5. FENCE PERMITS 6. TREE PRESERVATION PERMITS 7. REINSPECTION PERMITS 8. CERTIFICATE OF OCCUPANCY PERMITS 9. CONSTRUCTION IN RIGHT-OF-WAY PERMITS 10. COPIES OF TOWN DOCUMENTS FEES Council Member Martignago made a motion to adopt the schedule of fees as presented, Council Member Foley seconded, motion carried unanimously. TOWN COUNCIL TO CONSIDER AN ORDINANCE REGULATING THE CONSTRUCTION OR WORK IN, UNDER OR UPON ANY PUBLIC STREET OR ALLEY WAY WITHIN THE TOWN. Mayor Pro Tem Vance made a motion to approve the ordinance as written, Council Member Martignago seconded, motion carried unanimously. TOWN COUNCIL TO CONSIDER APPOINTING THE ZONING BOARD OF APPEALS TO HEAR APPEALS TO THE BUILDING CODE ORDINANCES. Mayor Pro Tem Vance made a motion to appoint the Zoning Board of Appeals to hear appeals to the Building Codes, Council Member Doran seconded, motion carried unanimously. REQUEST FOR VARIANCE: MR. TOM TOLER, 15 TROON DRIVE, TO REQUEST A VARIANCE TO THE SATELLITE DISH ORDINANCE. Mr. Toler asked the Council for a variance to the Satellite Dish Ordinance concerning the location, size and screening. Council Member Foley made a motion to grant a variance to the ordinance allowing Mr. Toler to install a 10 foot dish. Council Member Martignago seconded the motion for discussion. Council Members Doran, Hallgren, Martignago and Vance voted no. Request denied. Council Member Foley made a motion to grant a variance to the ordinance allowing Mr. Toler to install the dish on the roof and screen the dish with trees already on his property. Council Member Hallgren seconded, motion carried with Council Member Doran opposing. Page 5 TOWN COUNCIL TO REVIEW AND CONSIDER THE FOLLOWING ORDINANCES CONCERNING STONEGATE ADDITION AND STONEGATE EAST. THESE ORDINANCES HAVE BEEN DRAFTED IN ACCORDANCE WITH ACTION OF THE TOWN COUNCIL ON MAY 23, 1988 ZONING THESE PROPERTIES R-12 SINGLE FAMILY RESIDENTIAL DISTRICT. 1. AN ORDINANCE ESTABLISHING ZONING PURSUANT TO ORDINANCE NO. 87-23 OF THE TOWN, THE TOWN'S COMPREHENSIVE ZONING ORDINANCE, ON A CERTAIN TRACT OF LAND IN TROPHY CLUB, TEXAS, BEING APPROXIMATELY 6.5699 ACRES OF LAND, AND BEING SITUATED IN THE J. EADS SURVEY, ABSTRACT NO. 392, DENTON COUNTY, TEXAS AND THE J. SUTTON SURVEY, ABSTRACT NO. 1154, DENTON COUNTY, TEXAS, ZONING BEING R-12 SINGLE FAMILY RESIDENTIAL DISTRICT. Mayor Pro Tem Vance made a motion to accept R-12 Zoning on the 6.5699 acres as written in the ordinance with the following message being sent to the owner of this particular property: The filing fees will be waived if the owner of the property will resubmit under a P.D. and resolve the issues of concern that were expressed by the Planning and Zoning Commission concerning park land. Council Member Martignago seconded, motion carried with Council Members Doran and Foley opposing. Mayor Pro Tem Vance offered the following amendment: The waiver of fees will be contingent upon reaching an agreement with the Planning and Zoning Commission within 120 days from todays date. Council Member Martignago seconded, motion carried with Council Members Foley and Doran opposing. 2. AN ORDINANCE ESTABLISHING ZONING PURSUANT TO ORDINANCE NO. 87-23 OF THE TOWN, THE TOWN'S COMPREHENSIVE ZONING ORDINANCE, ON A CERTAIN TRACT OF LAND IN TROPHY CLUB, TEXAS, BEING APPROXIMATELY 195.138 ACRES OF LAND, AND BEING DESCRIBED IN TWO PARTS AS FOLLOWS: A 178.769 ACRE TRACT SITUATED IN THE J. EADS SURVEY, ABSTRACT NO. 392, DENTON COUNTY, TEXAS AND A 16.369 ACRE TRACT SITUATED IN THE J. EADS SURVEY ABSTRACT NO. 392 AND THE W. MEDLIN SURVEY, ABSTRACT NO. 829, DENTON COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE ATTACHED EXHIBIT "A", SAID ZONING BEING R-12 SINGLE FAMILY RESIDENTIAL DISTRICT. Mayor Pro Tem Vance made a motion to accept the ordinance as written, sending a message to the developer as we have with the other piece of property stipulating that the developer has 120 days to resolve the issues with a P.D. submittal and the Council will waive the zoning fee if the agreement with the Planning and Zoning Commission is reached within 120 days from todays date. Council Member Martignago seconded, motion carried with Council Members Foley and Doran opposing. RESOLUTION: TOWN COUNCIL TO CONSIDER AMENDING THE FRANCHISE WITH PLANNED CABLE SYSTEMS CORPORATION, CONSENTING TO THE TRANSFER OF THE FRANCHISE GRANTED TO PLANNED CABLE SYSTEMS CORPORATION BY ORDINANCE NO. 0 87-11, TO CABLEVISION MANAGEMENT, INC., AS GENERAL PARTNER OF COUNTY CABLE LIMITED PARTNERSHIP. Page 6 Mayor Pro Tem Vance made a motion to approve the Resolution as written, Council Member Martignago seconded, motion carried unanimously. EXECUTIVE SESSION: A) TOWN COUNCIL TO INTERVIEW MR. ROGER WILLIAMS FOR THE POSITION OF PARKS AND RECREATION CHAIRMAN. OPEN SESSION: A) Mayor Pro Tem Vance made a motion to appoint Mr. Roger Williams as Chairman of the Parks and Recreation Committee, Council Member Martignago seconded, motion carried unanimously. ADJOURN: Council Member Martignago made a motion to adjourn, Mayor Pro Tem Vance seconded, motion carried unanimously.