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Minutes TC 11/20/1990Town of Trophy Club 100 MUNICIPAL DRIVE TROPHY CLUB, TEXAS 76262 (817) 491-9693 NOTICE OF TOWN COUNCIL MEETING TUESDAY, NOVEMBER 20, 1990 TROPHY CLUB, TEXAS TIME: 7:00 P.M. LOCATION: 100 MUNICIPAL DRIVE TROPHY CLUB, TEXAS 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF MINUTES 6. TOWN COUNCIL TO CONSIDER A CONTRACT PROPOSAL FROM THE HUMANE SOCIETY OF NORTH TEXAS. 7. PUBLIC HEARING CONSIDERATION AND TO TAKE ANY NECESSARY ACTION REGARDING PROCEDURAL AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE TO SPECIFY REQUIREMENTS AND PROCEDURES FOR A) SITE PLAN AND APPROVAL THEREOF APPLICABLE TO THE FOLLOWING ZONING DISTRICTS; P.D. PLANNED DEVELOPMENT DISTRICT; CG, COMMERCIAL GENERAL; CR, COMMERCIAL RECREATIONAL; AND GU, GOVERNMENTAL USE; THE GIVING OF PUBLIC NOTICE AND THE HOLDING OF PUBLIC HEARINGS WITH RESPECT TO AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE AND THE REGULATIONS AND ZONING DISTRICT BOUNDARIES THEREIN PROVIDED FOR; AND C) THE APPOINTMENTS, REMOVAL, OPERATIONS AND CONDUCTING OF BUSINESS OF THE TOWN'S PLANNING AND ZONING COMMISSION. 8. PRESENTATIONS BY CITIZENS 9. PRESENTATIONS BY COUNCIL 10. VARIANCE: MR. MARK GILES, 21 RIVIERA COURT TO REQUEST A VARIANCE TO ORDINANCE NO. 0 90-12 & O 90-16 REGARDING SATELLITE DISHES. PAGE 2, AGENDA 11/20/90 11. COMMITTEE REPORTS: ADMINISTRATIVE FINANCE PARKS AND RECREATION PLANNING AND ZONING PUBLIC RELATIONS PUBLIC SAFETY PUBLIC WORKS 12. TOWN COUNCIL TO CONSIDER AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR DISPATCH SERVICES. 13. TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE PUBLIC WORKS COMMITTEE TO INSTALL STREET LIGHTS ON TROPHY CLUB DRIVE AND TROPHY LAKE DRIVE. 14. STAFF REPORTS 15. TOWN COUNCIL TO REVIEW AND DISCUSS PROPOSED AMENDMENTS TO THE SUBDIVISION REGULATIONS. 16. TOWN COUNCIL TO REVIEW AND DISCUSS PROPOSED AMENDMENTS TO THE DESIGN STANDARDS. 17. CONSIDERATION OF ORDINANCE: FIRST READING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROHIBITING PERSONS DRIVING MOTOR VEHICLES FROM CROSSING OR DRIVING OVER CURBS TO OR FROM PUBLIC OR PRIVATE PROPERTY; PROVIDING A SEVERABILITY CLAUSE. 18. SECOND READING: SIGN ORDINANCE AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING SIGN REGULATIONS; PROVIDING DEFINITIONS; PROVIDING REGULATIONS RELATING TO THE TYPE, HEIGHT, LOCATION, SIZE AND DURATION OF THE USE OF SIGNS; ESTABLISHING STANDARDS IN THE USE OF POLITICAL, REAL ESTATE, SALE, PROTECTIVE, COMMERCIAL AND OTHER SIGNS. 19. ADJOURN -- -- �� - --------- TOWN ADMINISTRATOR The Town Council Agenda was prepared and posted in accordance with article 6252-17, V.A.T.C.S., and was posted on this the 15th day of November, 1990 at 10:00 a.m. MINUTES OF TOWN COUNCIL MEETING TOWN OF TROPHY CLUB NOVEMBER 20, 1990 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club met in regular session on Tuesday, November 20, 1990. The meeting was held within the Town boundaries and was open to the Public. Jim Carter Marshall Engelbeck Gene Hill Bob Sylvia Terry Vance Absent: Mayor Pro Tem Doran Mayor Council Member Council Member Council Member Council Member Also present were members of the Town staff: Toby Bartholow Jack Jacobs Donna Welsh CALL TO ORDER Attorney Treasurer Administrator Mayor Carter called the meeting to order at 7:00 p.m. INVOCATION Council Member Vance gave the Invocation. PLEDGE OF ALLEGIANCE Planning and Zoning Commissioner Charles Kirby led in the Pledge of Allegiance. CONSIDERATION OF MINUTES Council Member Sylvia made a motion to approve the minutes of the October 29, 1990 meeting as amended, Council Member Hill seconded, motion carried unanimously. Council Member Hill made a motion to approve the minutes of the November 5, 1990 meeting as amended, Council Member Sylvia seconded, motion carried with Council Member Engelbeck abstaining. He was not in attendance. Page 2, Meeting 11/20/90 PUBLIC HEARING: CONSIDERATION AND TO TAKE ANY NECESSARY ACTION REGARDING PROCEDURAL AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE TO SPECIFY REQUIREMENTS AND PROCEDURES FOR A) SITE PLAN AND APPROVAL THEREOF APPLICABLE TO THE FOLLOWING ZONING DISTRICTS: P.D. PLANNED DEVELOPMENT DISTRICT; CG, COMMERCIAL GENERAL; CR, COMMERCIAL RECREATIONAL; AND GU, GOVERNMENTAL USE; THE GIVING OF PUBLIC NOTICE AND THE HOLDING OF PUBLIC HEARINGS WITH RESPECT TO AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE AND THE REGULATIONS AND ZONING DISTRICT BOUNDARIES THEREIN PROVIDED FOR; AND C) THE APPOINTMENTS, REMOVAL, OPERATIONS AND CONDUCTING OF BUSINESS OF THE TOWN'S PLANNING AND ZONING COMMISSION. Council Member Vance made a motion to open the Public Hearing, Council Member Hill seconded, motion carried unanimously. The Council reviewed corrections in the ordinance with the attorney. The general consensus of the Council was to recess the Public Hearing on the Zoning Ordinance until Planning and Zoning Chairman, Mike Hamper and Town Planner, Dan Boutwell could be in attendance. Mayor Carter asked if anyone in the audience would like to speak on the ordinance. No residents spoke. Council Member Hill made a motion to recess the Public hearing until January 15, 1991, Council Member Vance seconded, motion carried unanimously. PRESENTATIONS BY CITIZENS The following residents of Skyline spoke in support of closing the T.W. King entrance and supporting the "curb crossing" ordinance to be discussed later on in the meeting: Mr. Len Kopel Mr. Steve Bonn Mr. Raji Koshy Mr. Doyle Krauss stated that it seemed a lot of the ordinances being passed do not appear to have the input of the total democracy of the population of Trophy Club. Mr. Krauss also stated that the "curb crossing" ordinance is not enforceable with three police officers. He stated the Town has to be able to enforce ordinances and just passing ordinances does not do a bit of good if they are not enforceable. Page 3, Meeting 11/05/90 Mr. Jim Thomas stated the Council has been right in adhering to the Town's rule of having developers put the streets in and asked the Council to stay with the rules the Town has implemented for development. PRESENTATIONS BY COUNCIL Mayor Carter introduced School Board President Ed Tweedie and congratulated him on the passage of the Bond Issue. He also congratulated Mr. Tweedie on being the new owner of Trophy Club Realtors. Mayor Carter also reported to the Council that there had been a shortfall in police equipment that was not included in the budget. The matter was brought to the attention of the Trophy Club Women's Club and they presented the Police Department with a check to purchase the items. Council Member Vance stated he was excited about the Bond Issue and felt it would provide an image enhancement for the district. He also stated he had received several calls about how nice the rye grass looks on the medians and thanked the Council for budgeting the money to seed the medians. Council Member Sylvia stated he would like to correct a "civics lesson". "No where in the Declaration of Independence or constitution is the word democracy mentioned. We are a republic and in a republic people vote elected representatives to represent them and do not require those elected representatives to put every ordinance or law to public vote. This Council has given more than ample latitude to every member of this community to be present at council meetings". Council Member Sylvia went on to point out that every ordinance in every meeting is open for public input. Council Members Hill and Engelbeck congratulated the school district on the passage of the bond issue. REQUEST FOR VARIANCE: MR. MARK GILES, 21 RIVIERA COURT TO REQUEST A VARIANCE TO ORDINANCE NO. 0 90-12 & 0 90-16 REGARDING SATELLITE DISHES. Council Member Sylvia made a motion to approve the variance as presented, Council Member Engelbeck seconded, motion carried unanimously. COMMITTEE REPORTS The Committee reports are filed with the minutes of this meeting. Page 4, Meeting 11/20/90 Mr. Walt Wood, Chairman of the Public Works Committee, reported to the Council that the committee would like to recommend making a claim, under the maintenance bond for the 1987 street repairs to the surety in the amount of $10,909.00. Council Member Vance made a motion to authorize the attorney to proceed with a request for settlement of $10,909.00 from the bonding company and if they are not willing to pay this amount the town will add any legal fees incurred. Council Member Sylvia seconded, motion carried unanimously. TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE PUBLIC WORKS COMMITTEE TO INSTALL STREET LIGHTS ON TROPHY CLUB DRIVE AND TROPHY LAKE DRIVE. Council Member Sylvia corrected the recommendation letter from the Public Works Committee. He pointed out that at the previous meeting it was the Council's intent for the money to be replaced if the town got to a juncture, sometime after the beginning of the year, where the town could see clearly that the budget was going to have a surplus for the year. If those conditions in fact existed, the town would fund the $6,216.00. Council Member Vance made a motion to approve the street lights as requested, Council Member Hill seconded, motion carried unanimously. Council Member Vance asked the Public Works Committee to look into a street light at the western most entrance of the parking lot at the park. STAFF REPORTS Council Member Sylvia made a motion to approve the October financial statements as presented, Council Member Hill seconded, motion carried unanimously. Treasurer Jack Jacobs pointed out to the council that in the first 25 days of the fiscal year, 20% of the legal budget was expended. Mr. Jacobs stated that one of the duties of the Treasurer is to see that the Town's bills are paid according to what the council has budgeted and by the procedure set out by the council. He pointed out that a fair amount of the attorney bill was expended contrary to the normal operating procedures. One council member contacted the attorney 10 times over a 19 day period. Treasurer Jacobs asked for the Council's approval to pay the bill. Page 5, Meeting 11/20/90 Mayor Carter reviewed the Council's policy that all contacts to the attorney of any purveyors of the Town should be made by the Mayor, Staff or Town Secretary. The general consensus of the Council was to adhere to the policy to eliminate duplication of efforts and inefficient use of the taxpayers' money. The Council also asked for a letter to be written to the purveyors of the Town instructing them to only take direction from the staff unless they have been given specific direction from the Council as a whole. Council Member Engelbeck also suggested writing a letter to the Council reminding them of the Town's policy on this matter. The general consensus of the Council was to approve the bill and have the council member who placed the calls initial the bill. Mr. Jacobs also pointed out that the bill for Planning Resources Town for October was 25% of the total budget for the year. TOWN COUNCIL TO REVIEW AND DISCUSS PROPOSED AMENDMENTS TO THE SUBDIVISION REGULATIONS. The Council discussed the amendments but felt it would be in the best interest of the Town to have Mr. Hamper and Mr. Boutwell present to review the amendments. Council Member Sylvia made a motion to table the amendments until the meeting of December 4, 1990, Council Member Vance seconded, motion carried unanimously. TOWN COUNCIL TO REVIEW AND DISCUSS PROPOSED AMENDMENTS TO THE DESIGN STANDARDS. Council Member Sylvia made a motion to table the amendments until the meeting of December 4, 1990, Council Member Engelbeck seconded, motion carried unanimously. CONSIDERATION OF ORDINANCE: SIGN ORDINANCE - SECOND READING Council Member Sylvia made a motion to table the ordinance until the December 4, 1990 meeting, Council Member Hill seconded, motion carried unanimously. Mrs. Jan Clinkenbeard, 119 Fairway Village Drive, suggested placing the real estate signs facing the street. She pointed out that for ascetic reasons, this would be more desirable and also would not interfere with directional signs such as stop, speed limit, warning and other signs. Page 6, Meeting 11/20/90 CONSIDERATION OF ORDINANCE: FIRST READING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROHIBITING PERSONS DRIVING MOTOR VEHICLES FROM CROSSING OR DRIVING OVER CURBS TO OR FROM PUBLIC OR PRIVATE PROPERTY; PROVIDING A SEVERABILITY CLAUSE. Council Member Vance stated that he was not in favor of any action that would close the back entrance until there is another entrance at the east end of Town. Council Member Hill stated he was concerned with the proliferation of ordinances that are essentially unenforceable. He pointed out that people are going to trespass in that area even if the entrance is closed and this seems to be a "band-aid solution". He also stated that with all of the exceptions that would have to be written in the ordinance, it would be unenforceable and he didn't see proliferating ordinances to meet spot items that the Council is working on otherwise. Council Member Engelbeck stated he had spoken with Chief Franklin on the enforceability of the ordinance. Chief Franklin stated that with the departments limited resources and needing to work the school zones at those particular times it would be hard to enforce. Council Member Engelbeck stated he would suggest dropping the ordinance. Council Member Engelbeck made a motion to discontinue the ordinance as being unnecessary, Council Member Vance seconded. Council Member Sylvia stated that the Town does not have many enforceable ordinances. If the Town is going to take the attitude that it cannot enforce the ordinances, it has a serious problem. Council Member Sylvia stated that he could stand on any street corner of the Town and see any one of the Towns ordinances not being enforced. He also stated that speeding on Trophy Club Drive and Indian Creek has been discussed time and time again and the speed limits are still not being enforced. The Town is not enforcing its ordinances. Council Member Sylvia stated he did not have a particular problem with this ordinance. Mayor Carter stated he felt this ordinance is subterfuge and Trophy Club has an intelligent population and Council and this is not the answer. If the Council wants Skyline closed, propose an ordinance to close Skyline and have council vote on it but don't engineer something that is subterfuge. Page 7, Meeting 11/20/90 The vote on the motion made by Council Member Engelbeck to drop the ordinance, seconded by Council Member Vance, was passed unanimously. TOWN COUNCIL TO CONSIDER A CONTRACT PROPOSAL FROM THE HUMANE SOCIETY OF NORTH TEXAS. Council Member Hill made a motion to table the item until the meeting of December 4, 1990 in order to have Chief Franklin review the document with the Council. Council Member Vance seconded, motion carried unanimously. TOWN COUNCIL TO CONSIDER AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR DISPATCH SERVICES. Council Member Sylvia made a motion to table the item until the meeting of December 4, 1990 in order to have Chief Franklin review the document with the Council. Council Member Vance seconded, motion carried unanimously. ADJOURN Council Member Vance made a motion to adjourn, Council Member Sylvia seconded, motion carried unanimously. - - - - - - - - - - - - M OR S CRE M rR Y