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Minutes TC 07/22/1985MINUTES OF REGULAR 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 July, 22, 1985, open to the Public, at 7:OOPM, 100 Water Plant Road. The meeting was held within the town limits with the following officers and members present: Jim Carter Mayor Terry Vance Mayor Pro Tem Bettye Dayton Council Member George Doran Council Member Aldo Martignago Council Member Ted Neidenberger Council Member Absent was: David Nolte, Marshal constituting a quorum, with the following members of the Town staff: Ken Dipple Donna Welsh CALL TO ORDER Hutchison, Price, Boyle & Brooks City Secretary Mayor Carter called the meeting to order at 7:OOPM. INVOCATION The Invocation was delivered by Mayor Pro Tem Vance. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Martignago. CONSIDERATION OF MINUTES Council Member Martignago made a motion to approve the minutes as written, Council Member Dayton seconded, motion carried unanimously. -2 - COMMITTEE REPORTS Mr. Loren Alexander, Chairman of the Planning and Zoning Commission, reported on the following items: 1. Mr. Alexander requested that the Council have the Parks and Recreation Committee report to the Council instead of the Planning and Zoning Comm- ission. 2. The Planning and Zoning Commission recommended to the Council that the Uniform Plumbing Code be adopted by the City. The Municipal Utility District will also adopt the code and the inspections will be done by the District's Plumbing Inspector. 3. Mr. Alexander stated that the Commission is still interviewing firms to do inspections on the other codes. The Commission hopes to bring an entire inspection process to be presented at the next Council meeting. Mayor Carter stated that the City has already issued eleven T.P. & L. permits. These were required due to the Ordinance the Council passed requiring the undergrounding of utility lines. Council Member Neidenberger made a motion to waive the inspection fee's called for in the building code Ordinance passed on June 12, 1985, until such time an inspection process is in place. Council Member Martignago seconded the motion. Council discussion ensued with Mayor Pro Tem Vance making a motion to amend Council Member Neidenberger's amendment to state that the Council will waive permit fees until such time an inspection procedure is in place and a report will be made at each Council meeting on how many homes have been started. Council Member Martignago seconded, motion carried unanimously. 4. Fire Works Ordinance- Mr. Alexander stated that the Planning and Zoning Commission recommended by unanimous Resolution at the July 2, 1985 meeting, a fireworks Ordinance prohibiting the use of fireworks in the Town limits without a permit. The Ordinance they recommended is currently being used by the City of Irving. The Council asked that they be given copies to review. 5. Planning and Zoning Priority List- Mr. Alexander presented the Council with a priority list showing the order in which issues should be addressed. The Council will review the list and meet with the Planning and Zoning Commission to review this and other issues. (Copy filed with minutes) PARKS AND RECREATION COMMITTEE Dr. Vance Booker, Chairman of the Parks and Recreation Committee, reported to the Council that the proposal for the matching funds was almost complete. The Committee is waiting on the land evaluation from Independent American, and also a site plan from Carter and Burgess. Mayor Carter pointed out the extensive work that the Committee has put in to the proposal. The Council thanked the Committee for the work and time they have given to secure a park for Trophy Club. -3 - Some of the concerns of the Council were related to maintenance and security. The Council questioned the Committee on what the costs might be. The Parks and Recreation Committee will check with other cities to see what the costs might be. Council Member Doran asked if the Committee would consider an emergency hearing on the park issue to see what the residents might have to say about the ramifi- cations of accepting matching funds. Mr. Shellar pointed out that everyone the Committee has talked with was in favor of the proposal. Dr. Booker stated that the deadline for submitting the proposal was July 31, but Austin will not make a decision on this until November. The Council will have time to canvass the residents before November. Mayor Pro Tem Vance made a motion to have the Committee submit the proposal, Council Member Martignago seconded, motion carried unanimously. At this point in the meeting Mayor Carter addressed Mr. Loren's request earlier in the meeting to have the Parks and Recreation Committee report directly to the Council in the future. Council Member Dayton made a motion to have the Parks and Recreation Committee report directly to the Council, Council Member Neidenberger seconded, motion carried unanimously. COMMITTEE TO OPPOSE HWY. 114 POWER POLES Mr. Peter Reuss, Chairman of the Committee, reported to the Council that the Regional Hearing on Wednesday July 17, 1985 went very well. Mr. Card, the Hearings Examiner, was impressed with the crowd size and the fact that every- one's statements were well thought out and made in an orderly manner. Mr. Reuss stated that the next step is legal in nature. It will be a hearing held on September 9, 1985. This will give Mr. Reuss and the Committee more time to compile testimony. The committee will have all of the information compiled two weeks before the meeting. The Committee is organizing a letter campaign to public officials. Mr. Reuss stated that this political aspect is very important. If Mr. Card rules against Trophy Club's request, it will go on to the Public Utility Commission where the Committee would be dealing one on one with one individual who is a po- litical appointee. At that point Mr. Reuss stated, it becomes very important on Trophy Club's part to exert as much political influence as possible. Mr. Reuss thanked several people for their help on the Committee as well as the 210 people who signed in the night of the meeting to give testimony why they are against the poles. Mr. Reuss stressed that everyone would need to keep the momentum going until the next meeting. The Committee has plans for a mailout campaign and asked the residents to write letters to their rep- resentatives as well. MI PRESENTATIONS BY COUNCIL The Council asked Mr. Dipple to check on the following subjects: 1. Explore the possibilities of the Town enacting a sales tax. 2. Council Member Dayton was concerned about the trucks on the streets due to the construction. The Council asked Mr. Dipple to look into a tax or sur- charge the Town might be able to impose to help pay for street repairs. 3. At a previous meeting, Mayor Carter gave each Council member a copy of a Resolution passed by College Station requiring the Developer to donate land for parks and recereation as a condition of development. Mayor Carter asked Mr. Dipple to look into Cities control on the developer. 4. The Council asked Mr. Dipple to look into what controls the Town might have as far as litter controls. 5. Mayor Carter asked Council Member Doran to contact a family in Trophy Club who were very disturbed over Ordinances being passed and Ordinances being considered that might affect them. Council Member Doran at a previous Council meeting had asked for an amendment to one of these Ordinances and Mayor Carter felt Council Member Doran could discuss this with the family. 6. The Council asked Mr. Dipple to see what measures the Town could take con- cerning discharging fire arms in the Town limits. PRESENTATIONS BY CITIZENS Mr. Ed Blackaby, Troon Drive- Mr. Blackaby stated that since he moved in he has had a problem with standing water in front of his house in the street. Mr. Svore, President of the M.U.D. Board, and some Council Members, went to Mr. Blackaby's house to see the problem. Mr. Svore, an engineer, offered some suggestions for trying to solve the problem. Mr. Blackaby had tried several times to get in touch with Ms. Lee Walker, County Commissioner. Ms. Walker assured Mr. Blackaby that she would look into the matter. The general concensus of the Council was for Mayor Carter to talk with Ms. Walker since the matter was brought to the County Commissioner's attention before incorporation. Ms. Joy Fowler, Southwestern Bell- Ms. Fowler had met earlier with the Fire Chief and members of the Security Study Committee concerning the possibility of the Town having 911 service. Mayor Carter updated the Council on the program. Ms. Fowler explained that the program would take two years to implement, and in the interim, the Town would pay approximately $200.00 a month until then. -5 - Mayor Carter reported to the Council that the Security Committee had spoken to several people and were told that Denton County would be offering this service in the near future. Since approximately 95% of the Town is in Sen - ton County, the Council wanted more information on what they might offer to the Town. The Council deferred any action on this issue until more information could be obtained. Mr. Peter Reuss, 4 Straight Creek Court- Mr. Reuss stated that if the Council is considering levying a landlord tax in the future on multi -family rentals, they might consider a homestead exemption or limiting it to the multi -family rental units so as not to hamper people who own property in Trophy Club and rent their private residences for a period of time. Mr. Reuss also pointed out that the Ordinance passed at the July 8, 1985 meeting concerning impaired vision at corners might need a wording change to be more specific. The Ordinance calls for a 35 foot setback from the pro- perty line, but should call for a 35 foot setback from the curb line. Mr. Reuss stated that required setbacks in Trophy Club vary quite widely. This along with the building setback might encroach well into residents building line. Mayor Pro Tem Vance made a motion to amend Ordinance 0 85-21 to state "edge of the street (curb)" as opposed to the current wording, Council Member Doran seconded, motion carried unanimously. CONSIDERATION OF ORDINANCES/RESOLUTIONS The first Ordinance to be considered concerned no parking on certain streets. Its caption reads: AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROHIBITING THE PARKING OF VEHICLES AT ANY TIME ON AND WITHIN CERTAIN DEFINED STREETS; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIO- LATION OCCURS; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Council discussion ensued with the Council expressing concern over how the Ordinance would effect parking for church functions other than those. on Sunday's, special events that might require parking on Trophy Club Drive, etc. Council Member Neidenberger made a motion to reject the Ordinance, Council Member Dayton seconded, motion carried with Mayor Pro Tem Vance opposing. The Council continued discussions on various parts of the Ordinance. Mayor Pro Tem Vance made a motion to amend the Ordinance to read, no parking on Trophy Club Drive from the entrance of Hwy. 114 to the west end of the Cem- etary, no parking on Indian Creek from 100 ft. from the east end of the structure now being used as the fire house to Heritage Court, and no park- ing on Trophy Lake Drive with the exception of 7:OOam to 9:OOPM on Sundays. Council Member Doran seconded the motion, motion carried with Council Member Neidenberger opposing. Council Member Neidenberger made note that he felt this was a bad piece of legislation and was not for the right pur- poses. This will be Ordinance No. 0 85-22. The next Ordinance to be considered concerned mobile homes. The Ordinance caption reads: AN ORDINANCE OF THE TOWN OF TROPHY CLUB MAKING IT UNLAWFUL FOR ANY PERSON TO LOCATE OR MAINTAIN ANY MOBILE HOME IN ANY PLACE IN THE TOWN OTHER THAN IN A MOBILE HOME PARK; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EMERGENCY AND AN EFFECTIVE DATE. The Council was concerned that the Ordinance did not exempt vans and was not explicit about size. Council Member Neidenberger made a motion to table the Ordinance until the wording could be changed, Council Member Doran seconded, motion carried unanimously. At the next Council meeting an Ordinance concerning the sale of cars on pri- vate and public property will be discussed. ELECTION OF TOWN TREASURER The Council had previously interviewed for:.the position: -of Town Treasurer. Mayor Carter stated that the general concensus of the Council was to elect Mr. John Jacobs. Mr. Jacobs is a Comptroller and a resident of Trophy Club. Mayor Pro Tem Vance made a motion to elect Mr. Jacobs to the position to Town Treasurer, Council Member Doran seconded, motion carried unanimously. OTHER MATTERS TO COME BEFORE THE COUNCIL Council Member Martignago reported to the Council that he had received a bid for General Liability Coverage. He stated that very few companies offer this type of coverage. The coverage was for $300,000 bodily injury, and $50,000 property damage with a $500.00 deductible on the property damage. The pre- mium would be $1,625.00 annually. Council Member Martignago stated that this was comparable to other cities. Council Martignago made a motion to accept the policy, Council Member Neiden- berger seconded, motion carried unanimously. The Council brought up the fact that since there are other entities in the Town.limits, the Town should get a hold harmless agreement from each of them. Council Member Martignago will approach the other entities concern- ing this. Council Member Dayton made a motion to seconded, motion carried unanimously. Attest: adjourn, Council Member Neidenberger ayor