Minutes TC 08/12/1985MINUTES OF REGULAR MEETING
TOWN OF TROPHY CLUB
TROPHY CLUB, TEXAS
THE STATE OF TEXAS
COUNTY OF MENTON
The Town Council of the Town of Trophy Club met in Regular
Session on Monday August 12, 1985, open to the Public, at
?:OOPM, 100 Water Plant Road, Trophy Club, Texas. The meeting
was held within the Town limits with the following officers
and members present:
Jim Carter
Terry Vance
Bettye Dayton
George Doran
Aldo Martignago
Ted Neidenberger
David Nolte
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Marshal
constituting a quorum, with the following members of the Town
staff:
Mr. John F. Boyle, Jr. Attorney
Donna Welsh City Secretary
Jack Jacobs City Treasurer
CALL TO ORDER
Mayor Carter called the meeting to order at ?:OOPM.
INVOCATION
The Invocation was delivered by Mayor Pro Tem Vance.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Marshal Nolte.
CONSIDERATION OF MINUTES
Council Member Neidenberger made a motion to approve the
minutes as written, Council Member Martignago seconded,
motion carried unanimously.
PRESENTATIONS BY COUNCIL
Council Member Doran stated that at a previous meeting he had
stated that he would contact Mr. and Mrs. Venable concerning
their septic tank and water situation. They had expressed
concern over recent Ordinances passed concerning septic
tanks. Council Member Doran stated that he had talked with
ther�a�n"5 three times in the past few weeks. They had asked
if Council Member Doran would meet with them and their
Attorney. Council Member Doran wanted to have the official
Ordinance before doing this.
Mayor Carter stated that he had sent a letter with a copy of
the Ordinance to the Venable 5. Denton County Health
Department stated that the tank had been inspected and
passed. The City has not yet received the inspection papers
The next item Council Member Doran addressed was Mr.
Blackaby's problem with drainage that had been brought to the
Council`5 attention at the last meeting. Since the last
meeting Council Member Doran stated that he had tried to
contact County Commissioner Lee Walker about the situation.
The calls have not been returned.
Mayor Carter stated that he had talked with Mrs. Walker's
assistant who stated that the matter had been looked into and
there was nothing they could do. Council Member Doran will
write the Blackabv'5 a letter to let them know what has
transpired to date. Mayor Carter stated that he would still
like to talk with Mrs. Walker about the situation.
Council Member Dayton stated that she was concerned about the
condo's and apartments that are being advertised for rent.
Council Member Dayton asked Mr. Boyle if the Council could do
anything to prohibit them being rented.
Mr. Boyle stated that the Council had no authority to dictate
who could rent and who couldn't. The Council could have a
licencing Ordinance. Mr. Boyle stated that this Ordinance is
used in several neighboring cities. Mr. Boyle will check into
this for the Council.
COMMITTEE REPORTS
Mr. Peter Reuss, Chairman of the committee to oppose the Hwy.
114 power Poles stated that the mail out campaign was very
successful. All of the officials that were written to
concerning the Poles had been in contact with the committee
with the exception of Govenor White.
Mr. Reuss stated that the next step was to compile testimony.
The testimony dealing with the devaluation of property,
should the poles go up, will be the last part. Mr. Reuss has
found a company that is well qualified to compile this
information and present it in a professional and effective
way. Mr. Reuss introduced Mr. Kevin R. Rogers of Valuation
Research Company.
Mr. Rogers stated that his company could gather this
information and have it ready for presentation by August 26.
He also stated that the C05t could run from $5,000.00 to
$10,000.00. Mr. Reuss stated that without this type of
documentation the chances of winning did not look good.
At this point in the discussion, Mayor Carter asked the
Citizens what their feelings were on the matter. It was the
general concensus of the audiance to continue with the
opposition.
Mayor Carter stated that with the current budget for the
Committee and the legal fees involved, money spent so far is
around $9,000.00. If Counicl decided to move ahead with the
research it would be around $19,000.00.
Council Member Martignago made a motion to contract with the
Valuation Research Corporation to provide an evaluation
research study, not to exceed $10,000.00, and to continue the
project of fighting the poles subject to a maximum
expenditure of $20,000.00. Council Member Neidenberger
seconded the motion and added the fact that the Council was
committed to this project. All in favor, unanimous.
SECURITY STUDY COMMITTEE
Before Mr. Nolte gave his report, Mayor Carter stated that he
wanted to congratulate Mr. Nolte on his recent graduation
from Peace Officer Training School. He added that Mr. Nolte
had gone to school for nine weeks with a personal sacrifice
of his own income to complete this training. The Council and
the residents in attendance applauded Mr. Nolte.
Mr. Nolte stated that his committee would make their
recommendations in a presentation at the next Council
meeting. Mr. Nolte stated that the presentation would be
lengthly and asked that this be the main body of the next
meeting. He stated that it is important this be heavily
advertised 50 the residents can be informed of the
recommendations by the Committee.
Mr. Nolte stated that he is now a certified law officer in
Texas and can enforce laws and ordinances at the Council's
pleasure.
PRESENTATIONS BY COUNCIL (reconvened)
Mayor Pro Tem Vance commented on the conversation earlier in
the meeting dealing with the powers of the Council. Mr. Boyle
had stated that the Council had the power to pass Ordinances
dealing with health, safety and welfare of the members Of the
community. Mayor Pro Tem Vance referred to a document Mr.
Boyle gave the Council concerning cities operating under
chapters I through 10. It stated that the Council has the
power to pass, publish, amend or appeal all ordinances, rules
and police regulations not contrary to the Constitution for
the good government, peace and order of the City as may be
necessary.
Mayor Pro Tem Vance stated that from what Mr. Boyle had
stated in the past concerning the broad powers of the
Council, this statement maintained that the powers of Council
were even broader.
Mr. Boyle stated that this was not true. It is constitutional
verbage that means the same thing. A home rule city has the
authority of total open self government. A general law city
must locate its base power in the statutes of the state.
Mayor Pro Tem Vance questioned the powers of the Council
dealing with deed restrictions. Mr. Boyle stated that the
Council did not have any ability to enforce deed
restrictions. Deed restrictions are a private contract
between two individuals. The ability of the municipality is
to pass an ordinance pursuant to police power for the public
safety, health and general welfare. Mr. Boyle also stated
that the Council would have to be careful in doing this
because the laws change frequently.
Council Member Dayton has pointed out in past meetings the
need for an organizational chart to be used as an outline for
the new town. Council Member Dayton commented on the talent
in the Town and how these people could serve on various
committees.
Mr. Boyle stated that this should be a written Resolution.
Mr. Boyle suggested making a motion to put this on the next
agenda. Mayor Pro Tem Vance made a motion to have this
Resolution prepared and put on the next agenda, Council
Member Doran seconded, motion carried unanimously.
Council Member Doran commented on the fact that several
people have approached him about the lack of communication in
Trophy Club. This also effects other entities that hold
monthly meetings. The general concen5US Of the Council Was
that in the near future a newspaper should be in effect that
would report on happenings in Trophy Club. Mayor Carter
pointed out that the C.I.A. is starting one this month.
The Council felt that because of the coverage in the paper,
the meetings being posted in a public place, and fixed
meeting nights, these people could be in attendance if they
were interested in the community.
At this point in the meeting, Mayor Carter recognized Mr.
John Jacobs, City Treasurer. Mr. Jacobs was unable to attend
the last meeting.
PRESENTATIONS BY CITIZENS
Mr. Jerry Svore, President of Municipal Utility District No.
I addressed the Council. Mr. Svore stated that M.U.D. 2 & 3
were ready to submit their application to Austin for a fire
plan. This would allow them to have an election on the fire
plan and levy a tax to help the fire department, currently
being supported by M.U.D. #1 and donations. Mr. Boyle drafted
a Resolution to be considered by the Council. Its caption
reads:
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS ACKNOWLEDGING
AND APPROVING THE PARTICIPATION AND ACOUIESCENSE BY THE
DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 AND THE DENTON
COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 IN THE PLANS, RULES
AND REGULATIONS GOVERNING FIRE SAFETY HERETOFORE ADOPTED BY
THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1; PROVIDING
AN EFFECTIVE DATE.
Council Member Martignago made a motion to adopt the
Resolution as written, Council Member Neidenberger seconded,
motion carried unanimously.
This will be numbered Resolution No. R B5-7..
The next Ordinance to be considered concerns the sale of
vehicles on public and private property. Its caption reads:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROHIBITING
THE SALE OF VEHICLES ON PRIVATE OR PUBLIC PROPERTY; PROVIDING
A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMEED COMMITTED UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND AN EFFECTIVE DATE.
Mayor Carter asked for a motion on the Ordinance. Council
Member Dayton made a motion to adopt the Ordinance, Council
Member Doran seconded. Mayor Carter asked for any discussion.
Council Member Dayton asked Mr. Boyle if this was a citation
or an immediate fine. Mr. Boyle stated that this was
identical to a parking ticket.
Mayor Pro Tem Vance and Council Member Martignago were
concerned that this would prohibit someone putting a sign up
in their own yard for sale of a vehicle.
Mayor Carter stated that the motion had been made and
seconded to pass the Ordinance as written. Mayor Carter asked
if there was any other discussion, there was none. Council
Member's Neidenberger, Dayton, and Doran voted for, Council
Member Martignago and Mayor Pro Tem Vance opposed.
This will be numbered Ordinance No. 0 85-23.
The next Ordinance to be discussed was dealing with Mobile
Homes. The Council was still not pleased with the verbage and
asked Mr. Boyle to include in the Ordinance these items:
1. Exclude vans.
2. No Recreational Vans to be parked for more than 7 days.
3. No trailers.
These items will be outlined in the Ordinance and brought
back for Council approval.
PRESENTATION FROM MR. BOYLE
Mayor Carter had asked Mr. Boyle to address the relationship
between the Town Council and the Developer. Mr. Boyle started
out by saying that the Town Council has an enormous amount of
power in this area. Mr~ Boyle pointed out a few areas in
which the Council can control the course the new town will
take. They are:
Ordinances- Mr. Boyle stated that these Ordinances that are
being passed must be followed up with enforcement -inspection.
When Council considers an Ordinance, they should also look at
their ability to enforce it. The enforcement should be fair
and equal and people should be aware of them. This does a lot
toward the quality of what you see in a community.
Sub -Division Plats- Mr. Boyle stated that this will probably
have the most long term effect on the community. The Council
has massive powers to control development in the community.
Each plat that is presented to the Town should be carefully
reviewed. After this is done the next step is to make sure
that it is carried out as planned. One of the most important
parts of a growing town is the development of the master
plan~ A good deal of time and thought should go into its
development.
Plans for Parks and Utilities- Mr. Boyle stated that these
should be in place well in advance, and then when development
comes, the developer will pick up the appropriate amount of
the cost involved.
Mayor Pro Tem Vance made a motion to adjourn, Council Member
Neidenberger seconded, motion carried unanimously.
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MAYOR