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Minutes TC 10/14/1985MINUTES OF REGULAR MEETING TOWN OF TROPHY CLUB TROPHY CLUB, TEXAS STATE OF TEXAS ) ) COUNTY OF DENTON ) The Town Council of the Town of Trophy Club met in Regular Session on October 14, 1985 at the Municipal Utility District Building, 100 Water Plant Road, within the boundaries of the Town. The following officers and members were present: Jim Carter Terry Vance Bettye Dayton George Doran Aldo Martignago Ted Neidenberger Also present were: John Hill David Nolte John Jacobs Donna Welsh Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Attorney Marshal City Treasurer City Secretary constituting a quorum, the meeting was called to order. CALL TO ORDER Mayor Carter called the meeting to order at 7:02PM. INVOCATION The Invocation was delivered by Ron Adams of the First Methodist Church. PLEDGE OF ALLEGIANCE The Pledge was led by Mayor Pro Tem Vance. CONSIDERATION OF MINUTES Council Member Dayton made a motion to adopt the minutes of the September 23, 1985 Regular Meeting as written. Council Member Doran seconded, motion carried unanimously. PRESENTATIONS BY COUNCIL Council Member Doran stated that there would be a meeting with representatives of the City Council and the Community Improvement Association on October 21, 1985. Mayor Carter reported to the Council that he had received a proposal for furniture for the City office in the amount of $2,020.85. Mayor Carter suggested that the Council wait on these items for now except for a file cabinet. The Council concurred. Mayor Carter stated that the Boy Scout Troop in Trophy Club was planning a Court of Honor for one of the boys who will become an Eagle Scout. Mayor Carter suggested the City purchase a plaque to acknowledge the 5COUtS who have achieved this honor. The plaque would be approximately $150.00. The Council concurred. PRESENTATIONS BY CITIZENS Mr. Loren Alexander, 127 Summit Cove, stated that he was very upset with the Municipal Utility Districts maintenance barn being constructed. Mr. Alexander felt that the District should have appeared before the Planning and Zoning Commission before starting construction. Mr. Alexander was also upset over a fence that was put up in Summit Cove facing Trophy Club Drive. He had called the C.I.A. concerning the fence and had not heard back from them before the meeting. Mr. Gene Aerstin stated that the Municipal Utility District and the Volunteer Fire Department were also about ready to start construction on a Fire Department Building. Council Member Doran suggested that Mayor Carter write a letter to the M.U.D. to see what their plans were. Mr. David Waugh, 311 Inverness, stated that he was appalled at the speeding and heavy traffic on Indian Creek. He had clocked trucks and cars traveling over 50 Miles per hour. Mayor Carter stated that this problem was being addressed. If the City contracts with Denton County they will be able to issue citations. Mr. Larry Foreman, 105 Fresh Meadow, asked the Council for a variance concerning overhead services in Trophy Club. Mr. Foreman is doing the electrical work on the new M.U.D. Building. The service currently serving the water plant facilities is overhead. Mr. Foreman asked to be allowed to drop a temporary service from the existing overhead and then to furnish permanent service once the building is completed. Mayor Pro Tem Vance stated that the portion of the Ordinance prohibiting overhead lines that deals with "temporary line drops", should be reviewed. However, he felt that this request for a permanent overhead line should be treated as other requests that have come before the Council lately and denied. Council Member Dayton stated that before any issue Was addressed concerning this building, the fact that the building might be "illegal" should be addressed. Council Member Doran concurred stating that he had no problem with a temporary drop for buildings under construction, but the building problem should first be addressed. Mr. Foreman recinded his request and stated that he would appear at the next Council meeting which would give the Council time to address the M.u.D. building issue and have the attorney look into the temporary drop issue. EMERGENCY ORDINANCE: CONTROL OF MINING AND DRILLING The Caption reads: AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REGULATING GRAVEL PITS AND MINING OPERATIONS WITHIN THE TOWN; REQUIRING ALL OPEN PITS TO BE RECLAIMED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EMERGENCY. Mayor Carter stated that the Texas Parks and Wildlife Department required this Ordinance in order to consider the Town for matching funds to provide a park for Trophy Club. Council Member Martignago made a motion to adopt the Ordinance as written, Council Member Neidenberger seconded, motion carried unanimously. INTRODUCTION OF ORDINANCES/RESOLUTIONS,FIRST READING Ordinance for Church Zoning- Mr. Loran Alexander, Chairman of the Planning and Zoning Commission, presented the Council with an Ordinance format for Church Zoning. This was provided to the P & Z by the First Baptist Church for consideration. The Church Will submit a site plan to the P & Z in the near future for their review. Mayor Carter stated that he is a member of the First Baptist Church and would like to participate in the discussion, but did not feel he should lead the discussion. Mayor Carter asked Mayor Pro Tem Vance to lead the discussion on the Church Ordinance. Mr. Dick Morey, Chairman of the Building Committee for First Baptist Church, presented drawings of the Church. Mr. Morey stated that the first structure would be approximately 17,000 square feet. There were several concerns over the height of the structure. These will be addressed by the P & Z and presented to the Council with their recommendation. Council Member Martignago made a motion to proceed with this project,and have the P & Z draft the Ordinance as it applies to churches, Council Member Dayton seconded, motion carried unanimously. The next Ordinance to be introduced for first reading concerned Firearms. Its caption reads: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, PROHIBITING THE DISCHARGE OF FIREARMS WITHIN THE CORPORATE LIMITS OF THE TOWN; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HINDRED DOLLARS ($200.00) FOR EACH OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. This Ordinance will be on the next agenda for a second reading and possible adoption by the Council. The next Ordinance to be considered was for a possible amendment to Ordinance 0 85-12 concerning building inspections. It has been brought to the Council's attention that the $300.00 building fee called for in the Ordinance is not in line with surrounding city's. The Council asked Mr. Hill to canvass other local city's to see what the fees are for building permits. CONSIDERATION OF ORDINANCES/RESOLUTIONS, SECOND READING Mayor Carter stated at the last meeting that he would send the Mobile Home Ordinance that was passed at the last meeting back to the Council unsigned. Mayor Carter suggested additional wording to specify the 7 days that vehicle, boat or trailer may be located or maintained within the corporate limits Of the Town without being enclosed by a fence, building or other structure. The exception should not apply to vehicles, boats, trailers, owned or used primarily by residents of the Town of Trophy Club. Mayor Carter also recommended wording to allow resident owners of vehicles, boats, trailers two days per month that they may keep their equipment at home without being fenced or housed. This provision would allow for cleaning, etc. Council Member Neidenberger did not agree with the change of wording and made a motion to retain the origional wording in the Ordinance. The motion died for lack Of second. Council Member Martignago made a motion to amend the Ordinance with the Mayor's suggestions, Council Member Dayton second, motion carried with Council Member Neidenberger opposing. Council Member Neidenberger stated that he was opposed to the amendment, and felt that it was "bad enough to work over our own Citizens, and this is working over the Citizens". Council Member Neidenberger stated that there are a number of boats in the area. He did feel that they should be kept behind fences, "but if someone needs to work on their boat and needs their driveway to do 50, they should be able to at any time". COMMITTEE REPORTS Planning and Zoning- Mr. Loren Alexander, Chairman, reported that the Commission is currently working on several items such as Interim Land Uses, R-10 P.U.D., Special Residential P.U.D., Zoning Designation for Churches and a Commercial P.U.D. which had been applied for by I.B.M. The Commission is also working with the Citizens Advisory Committee. They are working on an existing land -use inventory for Trophy Club, a goals and objective statement and a survey of the Community. Mr. Alexander stated that there are several other areas being addressed by the Commission. One of the problems the Commission has faced is a slow response time from the attorney. Mr. Alexander stated that he has forwarded all of the material to the attorney for certain Ordinances to be drafted. Mr. Alexander stated that he has called Mr. Boyle four times and none of the calls have been returned. Mr. Alexander asked the Council to please address the problem. Mr. Alexander introduced Mr. Dan Boutwell, a Senior Planner with Freese and Nichols Engineering. Mr. Boutwell stated that he has attended some of the Planning and Zoning meetings and from some of the comments made tonight he felt his firm could help in several areas. Freese and Nichols has helped other communities in the planning and development stages and did much of the development work in Trophy Club. Mr. Boutwell stated that other areas the firm can assist in are preliminary reviews for plats, site design, ordinances, etc. Mr. Boutwell stated that Freese and Nichols has over 500 maps Of the Trophy Club area from work they have done in the past. Mr. Boutwell outlined the services that his company could offer assistance in that would be beneficial to Trophy Club: 1. Staff Review- This would involve reviewing Plats submitted by the developer. Freese and Nichols would review the plat to make sure that the plat complies with the Ordinance of the City and sound engineering standards. Freese and Nichols suggest that the developer of the plat pay the Cost which can range from $500.00 to $2,000.00. 2. Staff Assistance- For instance, when an ordinance is developed in house that a developer is not connected with, such as specifications for a new water line or a new street, etc., Freese and Nichols would assist in this and write a critique letter for the City. 3. Freese and Nichols can assist the Planning and Zoning Commission and the Citizens Advisory Committee to find direction in what they are doing. Mr. Alexander stated that based on a separate submission, based on the Commercial Ordinance, R-10 Residential, and the Special Residential P.U.D's, he asked the Council to accept or deny the proposals by Freese and Nichols. Mr. Alexander stated that he would prepare a letter to Mr. Boutwell for a proposal dealing with the above P.U.D.'s and a fee quote based on 20 to 40 hours work. Mayor Carter stated that the proposals would be reviewed at the Budget Workshop on Thursday night. Mr. Boutwell stated that he would have the Proposals for the Council at that time. COMMITTEE TO OPPOSE HWY. 114 POWER POLES Mrs. Sue Oze, a member of the committee, reported to the Council that the Public Utility Commission granted Texas Utility Electric Company emergency relief from the Citv`s Ordinance No. 0 85-21. On October 4, 1985, Henry Card, the hearings examiner, granted the request. The briefs were filed on Wednesday concerning the power poles and will be reviewed by the Commission. Mrs. Oze stated that the City needs to take action against Texas Utilities Electric Company for going against the Ordinance with feeder line 2401. The Committee feels this would help the case with the Power Poles if the City stands behind the Ordinance. Mayor Carter stated that the Council had instructed the attorney to file an injunction in Denton County or file an appeal with the Commission should the emergency relief be granted. Mr. Hill stated that the Attorney's office had requested a stay from the order that allowed the power company to start construction. Mr. Hill stated that his office has not received an answer from the Commission. Mayor Carter stated that the Council wanted to review the briefs before submission. Mayor Carter spoke with Mr. Boyle concerning this request and had understood that they would be available for review before filing. Mayor Pro Tem Vance stated that because Of the time element he did not want to hold up the filing, but he felt that it was unfortunate that the City would be filing a document they did not have the opportunity to review. PARKS AND RECREATION Mr. John Shellar stated that the Texas Parks and Wildlife had sent a representative, Ms. Roxanne Ely, to do a site check on the land to be used for the park. Ms. Ely told Mr. Shellar that the staff would make their recommendations to the Parks and Wildlife Commission in the next few weeks and on November 14, 1985 the Commission will vote. Mr. Shellar stated that if Trophy Club was chosen to receive funding, the City has up to three years to implement the proposal. SECURITY STUDY COMMITTEE Marshal Nolte reported on the following items: 1. Firearms Ordinance- Marshal Nolte stated that he would review the Ordinance with Council members and answer questions if needed. He stated that he had reviewed the Ordinance but his Committee had not. 2. Marshal Nolte stated that he had tried to get in touch with the company that put in the traffic lines at the entrance to have them extended but had not been able to reach them. He stated that he would follow up on this. 3. There has been discussion in past meetings on placing signs on the golf course where carts are required to cross public streets. Marshal Nolte was instructed by the Council to look into purchasing the warning signs. 4. The Council had previously received guidelines from Mr. Boyle's office dealing with handling of juveniles. Marshal Nolte reported that there is a specific procedure that Must be followed concerning this. These procedures have to be approved by the juvenile Judge, Judge Darley of Denton County. The City then enters into an agreement with Denton County and then submit the agreement to Judge Darley for approval. At this time Marshal Nolte will bring it to the Council in Ordinance form for approval. EXECUTIVE SESSION The Council adjourned into Executive Session at 11:30PM. OPEN SESSION Mayor Pro Tem Vance made a motion to contract with Donna Welsh as City Secretary from October 1, 1985 to January 1, 1986. Mrs. Welsh will be paid $15.00 an hour, up to 30 hours per month. Council Member Doran seconded the motion, motion carried unanimously. ADJOURN Council Member Martignago made a motion to adjourn, Council Member Neidenberger seconded, motion carried unanimously. k k VaA918 5 K — City Secretary