Loading...
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. ---------------- MAYOR