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.
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