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Minutes TC 05/27/1985MINUTES OF REGULAR MEETING TOWN OF TROPHY CLUB OF DENTON COUNTY, TEXAS MAY 27, 1985 THE STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, of Denton County, met in Regular Session, open to the Public, at 7:OOPM, on Monday, May 27, 1985 100 Water Plant Road, Trophy Club, Texas, 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 David Nolte Mayor Mayor Pro Tem Council member Council Member Council Member Council Member Marshal CALL TO ORDER The meeting was called to order by Mayor Carter. INVOCATION Mr. Dick Morey, 12 Lake Forest Drive, delivered the Invocation. PLEDGE OF ALLEGIANCE The Pledge was led by David Nolte, Town Marshal. CONSIDERATION OF THE MINUTES Item four on the agenda was to review and approve the Minutes of the May 13, 1985 Regular Meeting. Motion by Council Member Martignago to approve the minutes with corrections, seconded by Council Member Neidenberger, motion carried unanimously. ITEMS TO COME BEFORE THE COUNCIL Mr. Roger Unger, Fire Chief for Trophy Club, gave a presentation on the traggic results of moped operation in Trophy Club. Mr. Unger read several accident reports to the Council involving mopeds. Mr. Unger stated that in most cases the children involved were under age and had no formal driving training. -2 - Marshal Nolte gave a presentation on the laws relating to moped operation. Marshal Nolte has had several calls from residents who are concerned that the majority of the children operating mopeds are under age and are not complying with traffic laws, not wearing protective clothing, no license, and in some cases no helmet. To legally operate a moped there are three requirements: 1. The operator must be 15 years of age. 2. Pass a written driver's test. 3. Wear protective head gear. Marshal Nolte pointed out that the Denton County Sheriff's office has helped with this problem but until Marshal Nolte has completed his Peace Officer Training, he has no jurisdiction. In the interim, Marshal Nolte will have Public Safety materials available at the office, and he will also work on some type of training materials to circulate. Mayor Carter will have the Security Study Committee investigate an Ordinance require- ing children to meet the above mentioned laws in order to operate a moped in Trophy Club. UPDATE ON RECENT COUNCIL ACTION Mayor Carter reviewed three Resolutions that had been passed at the May 20, 1985 Council Meeting. They are as follows: RESOLUTION NO. 85-1 The Resolution caption reads: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS CREATING THE TROPHY CLUB PLANNING AND ZONING COMMISSION; PROVIDING TERMS; PRESCRIBING QUALIFICATIONS, DUTIES AND POWERS FOR ITS MEMBERS; PROVIDING FOR RULES OF OPERATION; PROVIDING THAT PUBLIC HEARINGS MAY BE HELD JOINTLY WITH THE TOWN COUNCIL; APPOINTING MEMBERS; PROVIDING AN EFFECTIVE DATE. The Commission consists of five members appointed by the City Council. They are: Loren Alexander, as Chairperson, and Gene Aerstin, Neil Anderson, Bruce Benton, and Bill Tynes. A copy of this Resolution is on file at the City office. RESOLUTION NO. 85-2 ------------------- The Resolution caption reads: A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING A SECURITY COMMITTEE; PROVIDING TERMS; PRESCRIBING QUALIFICATIONS, DUTIES AND POWERS OF MEMBERS; PROVIDING AN EFFECTIVE DATE. The Committee consists of six members appointed by the City Council. They are: David Nolte, Chairperson, and Pearl 0. Ford, William L. Lagoni, Marianne Peterson, Jimmy D, Sturdevant, and Richard Venetoff. A copy of this Resolution is on file at the City office. -3 - RESOLUTION NO. 85-3 The Resolution caption reads: A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING A PARKS AND RECREATION STUDY COMMITTEE; PROVIDING TERMS OF OFFICE; PRESCRIBING QUALI- FICATIONS, DUTIES AND POWERS OF MEMBERS; PROVIDING AN EFFECTIVE DATE. The Committee consists of the following members, appointed by the City Council: Vance Booker, John Sheller, John Mayall, and Larry Schwab.':'Th_ere are two advisory members: Roger Brown and a representative from C.I.A., David Weaver. A copy of this Resolution is on file at the City office. Mayor Carter stated that the following Resolutions were to be considered by the Council at this meeting: RESOLUTION NO. 85-4 The Resolution caption reads: A RESOLUTION ADOPTING A TIME AND A PLACE OF A REGULAR MEETING OF TIIE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB; PROVIDING FOR THE CALLING OF SPECIAL MEETINGS; DECLARING AN EFFECTIVE DATE. Mayor Carter stated that this action was taken earlier informally, and is now ready for formal action by the Council. This Resolution will estab- lish the second and fourth Monday nights as the Regular Council meetings and the Municipal Utility District building as the regular meeting place. Council Member Martignago made a motion to adopt Resolution No. 85-4 as written, Council Member Doran seconded, motion carried unanimously. RESOLUTION NO. 85-5 The Resolution caption reads: A RESOLUTION AUTHORIZING AND INSTRUCTING THE TOWN SECRETARY TO PUBLISH NOTICE THAT APPLICATIONS FOR A DEPOSITORY BANK WILL BE TAKEN ON JUNE 24, 1985 PURSUANT TO AND IN ACCORDANCE WITH THE LAW GOVERNING CITY DEPOSITORIES, TEX. REV. CIU. STAT. ANN. ARTICLES 2559-2566a. Mr. John Boyle, Attorney for the Town, stated that the City Secretary should have the notice for bids published and copies sent to any local banks that the Council felt would have an interest in bidding. Council Member Vance made a motion to adopt Resolution No. 85-5 as written, Council Member Martignago seconded, motion carried unanimously. At this point in the meeting, Mayor Carter asked if any one had any comments on any of the Resolutions. There were none. -4 - Mayor Carter stated that the Council was now ready to review the first Ordinance to be considered at this meeting. ORDINANCE NO. 85-1 The Ordinance caption reads: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APP- ROVING AND ADOPTING THE PROVISIONS OF CHAPTERS ONE THROUGH TEN, INCLUSIVE, OF TITLE 28, VERNON'S ANNOTATED CIVIL STATUTES, 1963 EDITION, AND EACH SUCCEEDING REVISION THEREOF; DECLARING AN EFFECTIVE DATE. Mayor Carter stated that this Ordinance establishes that the Town was incorporated under these Statutes and allows the Council to take action declaring so. Council Member Martignago made a motion to adopt Ordinance No. 85-1 as written, Council Member Dayton seconded, motion carried unanimously. Mayor Carter asked if there were any discussion. There was none. ORDINANCE NO. 85-2 The Ordinance caption reads: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING A TOWN SEAL; PROVIDING AN EMERGENCY CLAUSE AND DECLARING AN EFFECTIVE DATE. Mayor Carter stated that the Texas statutes require a City to have an official seal that is to be embossed on all official papers. Council Member Neidenberger asked how the Council could adopt a seal if they did not have a seal designed. Attorney Boyle stated that this Ordinance calls for a Town Seal with specific requirements and acknowledges the need for one to endorse all official documents. Council Member Martignago made a motion to adopt Ordinance 85-2 as written, Council Member Neidenberger seconded, motion carried unanimously. Mayor Carter asked if there were any further discussion. There was none. ORDINANCE NO. 85-3 The Ordinance caption reads: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS PRO- VIDING FOR FILLING THE OFFICE OF TOWN SECRETARY OF THE TOWN OF TROPHY CLUB BY APPOINTMENT AS AUTHORIZED BY LAW; PROVIDING QUALIFICATIONS, PO- WERS AND DUTIES OF THE TOWN SECRETARY; PROVIDING FOR FILLING VACANCY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. -5 - Mayor Carter stated that Donna Welsh has been serving as acting City Secretary. This Ordinance would make this a permanant appointment, and Mrs. Welsh, as City Secretary, would serve the same term as the Mayor. Mayor Carter asked if there were any discussion. There was none. Council Member Dayton made a motion to adopt Ordinance 85-3 as written, and also appointing Mrs. Welsh as City Secretary, Council Member Martig- nago seconded, motion carried with Council Member Vance abstaining. ORDINANCE 85-4 The Ordinance caption reads: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR FILLING THE OFFICE OF TREASURER OF THE TOWN OF TROPHY CLUB BY APPOINTMENT AS AUTHORIZED BY LAW; PROVIDING QUALIFICATIONS, POWERS AND DUTIES OF THE TREASURER; PROVIDING FOR FILLING VACANCY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Mayor carter stated that the Texas Statutes require every City to have a City Treasurer. The Treasurer's duties are to receive and secure all money's for the City, and to make payments for the City. Mayor Carter stated that the Council would notify the residents of Trophy Club of the Treasurer's job and secure candidates to be interviewed. Council Member Martignago stated that in the event the City Treasurer is absent, the City Secretary would fulfill those duties. Council Mar- tignago asked Mr. Boyle if the City Treasurer and City Secretary had to be bonded. Mr. Boyle stated that they both have to be bonded and this is provided for in the Ordinance. Council Member Martignago made a motion that Ordinance 85-4 be adopted as written, Council Member Doran seconded, motion carried unanimously. Mayor Carter asked if there were any discussion. There was none. The next Ordinance considered by the Council was an Ordinance adopting a uniform building code for Trophy Club. The Ordinance caption read: AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING AND AMENDING THE 1982 EDITION OF THE UNIFORM BUILDING CODE; PROVIDING AND ENFORCE- MENT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, AND DECLARING AN EMERGENCY. Mayor Carter stated that the people of Trophy Club were concerned over the lack of building codes. This Ordinance would require a builder to apply for a building permit and abide by the building code adopted by the Council. 9 Me Mayor Carter asked if there were any discussion. The general concensus of everyone in attendance acknowledged the need for building codes. However, several people had concerns such as, how are the penalties enforced, what are the time parameters involved be- tween inspections, who would do the inspections, and ether;questi©ns. There were also concerns that the Planning and Zoning Commission should review these codes before being adopted. Council Member Neidenberger made a motion to table these Ordinances dealing with building codes, Council Member Vance Seconded. Mayor Carter asked Council Member Neidenberger instead of tabling the Ordinance, would the Council rather set a policy to let the Public re- view any possible contraversial Ordinances before adopting. Council Member Neidenberger stated that he felt that the builders and possibly residents should have the opportunity to look over these codes. After much discussion Mayor Carter brought the motion before the Council., made by Council Member Neidenberger and seconded by Council Member Vance to place the balance of the codes, building, fire, plumbing and electrical on the next agenda giving the public time to review them. Council Member Doran was in favor of the motion, Council Members Dayton and Martignago against the motion. At this point in the meeting, Mayor Carter suggested a 10 minute recess. ORDINANCE NO. 85-5 The Ordinance caption reads: AN ORDINANCE PROVIDING FOR STAGGERED TERMS OF OFFICE FOR THE MEMBERS OF THE TOWN COUNCIL OF TROPHY CLUB, TEXAS; PROVIDING FOR THE MANNER OF DETERMINING WHICH COUNCIL MEMBERS ARE TO SERVE A TWO YEAR TERM AND WHICH MEMBERS ARE TO SERVE A ONE YEAR TERM; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; PROVIDING AN EFFECTIVE DATE. Mayor Carter stated that this Ordinance sets the Mayor's term and two Council Members terms at two years and three Council Members terms at one year. Attorney Boyle explained that Article 979 provides the procedure the Council would go through to have staggered terms. Mr. Boyle stated that several city governments are set up this way to provide continuity. Council Member Neidenberger stated that if the Council and Mayor were, all elected at the same time it would be the greater will of the people. Council Member Neidenberger also stated that if the Council and Mayor were all elected at the same time the City would have greater partici- pation in the voting process. -7 - Mayor Carter asked if there was any discussion from the people in atten- dance. Tracy Kunkel, a resident of Trophy Club, stated that she felt the people of Trophy Club thought that this first Council would serve for one year. Attorney Boyle stated that by law, the first Council serves for a two year term unless an Ordinance is passed providing for staggered terms. Council Member Dayton made a motion to adopt the Ordinance as written providing for staggered terms, Council_.Member._Martignago seconded, motion carried with Council Member Neidenberger opposing. Mayor Carter asked if there were any discussion. There was none. After passing this Ordinance, Mayor Carter had the Council Members draw by lot to establish the one or two _year -terms_— The.Council Members drew the following terms: Council Member Dayton 2 Years Council Member Martignago 2 Years Council Member Doran 1 Year Council Member Neidenberger 1 Year Council Member Vance 1 Year After drawing by lot, Mayor Carter stated that the Council would now note the Council Members and their terms and vote on the Ordinance. Council Member Martignago made the motion to adopt the Ordinance with the terms noted, Council Member Dayton seconded, motion carried with Council Member Neidenberger opposing. ORDINANCE NO. 85-6 The Ordinance caption reads: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DESIGNATING THE OFFICIAL NEWSPAPER OF THE TOWN; PROVIDING A SEVER- ABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Mayor Carter stated that the Council had previously chosen the Grapevine Sun as the official Town Newspaper. This Ordinance specifically designates the Grapevine Sun as such. Council Member Doran made a motion to adopt this Ordinance as written, Council Member Dayton seconded, motion carried unanimously. Mayor Carter asked if there were any discussion. There was none. am The next Ordinance to be considered by the Council was an Ordinance establishing and levying a private club registration permit fee and a private club late hours permit fee in accordance with the Texas alcoholic beverage code. Council Member Vance made a motion to treat this Ordinance in the same fashion as the building code Ordinances. Since there is a fee involved, and the Ordinance provides for a penalty should a violation occur, Council Member Vance felt this should be available for residents to look over and reviewed at the next Regular meeting. Mayor Carter asked if anyone seconded the motion, Council Member Doran seconded, motion carried with Council Member Neidenberger abstaining. ORDINANCE NO. 85-7 The Ordinance Caption reads: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR A MAXIMUM RATE OF SPEED OF THIRTY (30) MILES PER HOUR WITHIN THE CORPORATE LIMITS OF THE TOWN; PROVIDING FOR THE POSTING OF SPEED LIMIT SIGNS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAT ONE DOLLAR NOT MORE THAN TWO HUNDRED DOLLARS FOR EACH OFFENSE; DECLARING AN EMERGENCY AND AN EFFECTIVE DATE. Council Member Vance made a motion to adopt the Ordinance as written, Council Member Doran seconded,:rmotion carried unanimously. ORDINANCE NO. 85-8 The Ordinance caption reads: AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS DESIGNATING STOP INTER- SECTIONS WITHIN THE TOWN; PROVIDING FOR THE POSTING OF STOP SIGNS; PRO- VIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN TWO HUNDRED DOLLARS FOR EACH OFFENSE; PROVIDING AN EMERGENCY AND DECLARING AN EFFECTIVE DATE. Attorney Boyle explained to the Council that every time a new stop sign was petitioned for and approved by the Council, a new Ordinance would be required. Marshal Nolte had listed several stop signs with this Ordinance that he felt were needed in Trophy Club. There were several questions about the stop signs to be placed at major intersections involving Trophy Club Drive and Indian Creek Drive. It was decided that these particular locations needed more study before adding them to the Ordinance. Council Member Dayton made a motion to pass the Ordinance with the deletion of these specific signs at this time, Council Member Doran seconded, motion carried with Council Member Martignago opposing. ORDINANCE NO. 85-9 The Ordinance caption reads: AN ORDINANCE GRANTING TO TEXAS POWER AND LIGHT COMPANY, A DIVISION OF TEXAS UTILITIES ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELEC- TRIC LIGHT, HEAT AND POWER FRANCHISE. Mayor Carter stated that by adopting this Ordinance,71exas Power and eight will award Trophy Club $55,817.34 in franchise fees. Council Member Neidenberger stated that he was opposed to the power poles that might be placed through Trophy Club. Mayor Carter stated that this Ordinance would not have any bearing on that situation. Mark Casey, Assistant Manager of Texas Power and Light in Grapevine, stated that this Ordinance in no way would effect Trophy Club's standing on the Hwy. 114 power poles. Council Member Dayton made a motion to adopt the Ordinance as written, Council Menber Martignago seconded, motion carried unanimously. ORDINANCE NO. 85-10 The Ordinance caption reads: AN ORDINANCE APPROVING CERTAIN TARIFF SCHEDULES AND SERVICE REGULATIONS FILED BY TEXAS POWER AND LIGHT COMPANY, A DIVISION OF TEXAS UTILITIES ELECTRIC COMPANY, IN THE CITY OF TROPHY CLUB, TEXAS. This Ordinance states that Texas Power and Light has filed its Tariff Book Regulations with the City Secretary. The book contains rate structures, and states that Texas Power and Light is authorized to collect charges from its customers in the Town of Trophy Club. Council Member Neidenberger made a motion to adopt the Ordinance as written, Council Member Vance seconded, motion carried unanimously. ORDINANCE NO. 85-11 The Ordinance caption reads: AN ORDINANCE WHEREBY THE CITY OF TROPHY CLUB, TEXAS, AND THE SOUTH- WESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MAN- HOLES, CONDUITS, AND ALONG ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNGS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED. -10 - This Ordinance will allow the Town of Trophy to collect 2% of the annual receipts collected by Southwestern Bell in Trophy Club. Council Member Vance made a motion to adopt the Ordinance as written, Council Member Neidenberger seconded, motion carried unanimously. All of the above Ordinances are on file at the City Office and are open records to the public. PRESENTATION BY CITIZENS Mr. Jack Olsen, 8 Palmetto Court, stated that he would like the Council to address the following problems in the near future: 1. Ordinance providing leash law for dogs. 2. Empty lots that are not being cut in a timely manner. 3. The problem with the cars for sale on Trophy Club Drive. 4. He also stated that he would prefer the Council not pass an Ordinance for a franchise tax on the Cable Company if it meant the tax would be passed on to the customers. f Council Member Dayton stated that the C.I.A. is dealing with the cars on Trophy Club Drive that are for sale. The Council is also addressing a possible "no parking" area on these main streets, but no decision has been made on this matter. Mayor Carter thanked Mr. Olsen for his comments and stated that the Council would address these items. Mrs. Nolte, 226 Oakmont Drive, stated that on the corner of Oakmont Drive and Trophy Club Drive, there is a large cluster of Pampas grass that blocks the view of drivers coming out of Oakmont to Trophy Club Drive. Mrs. Nolte stated that there have been several near misses because of impaired vision. The Council will look into this matter. Mr. Don Roberts is part owner of a Taxi service that operates in the Mid - Cities area. Mr. Roberts requested that the Council approve a Taxi Franchise for his company. Council Member Martignago stated that this was anatter..tha.t-the Council would like to discuss in further detail. Mayor Carter thanked Mr. Roberts for his comments and stated that the Council will report back to him with their decision. Council Member Martignago made a moti seconded, motion carried unanimously. C "S ftgETART --- --_-- 1 Member Vance