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