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Minutes TC 02/10/1986MINUTES OF REGULAR MEETING TOWN OF TROPHY CLUB TROPHY CLUB, TEXAS THE STATE OF TEXASCOUNTY OF DENTON ) ) The Town Council of the Town of Trophy Club met in Regular Session on February 10, 1986. The meeting was held at the Trophy Club Municipal Utility District Building, 100 Water Plant Road, Trophy Club, Texas. The meeting was held within the boundaries of the Town and was open to the Public. Jim Carter Mayor Terry Vance Mayor Pro Tem Bettye Dayton Council Member Ted Neidenberger Council Member Absent: Council Member Doran Also present were members of the Town staff: John Hill David Nolte Donna Welsh CALL TO ORDER Attorney City Marshal City Secretary Mayor Carter called the meeting to order at 7:00PM. Mayor Carter acknowledged Scout Troop 328. The Troop is celebrating Scout week. PLEDGE OF ALLEGIANCE The Pledge was led by Scout Mike KN8RR. INVOCATION The Invocation was led by Scout Leader John Knorr. CONSIDERATION OF MINUTES Council Member Martignago made a motion to approve the minutes of the January 27th Council Meeting with corrections, Mayor Pro Tem Vance seconded, motion carried unanimously. Mayor Pro Tem Vance made a motion to approve the minutes of the February 3rd Public Hearing, Council Member Dayton seconded, motion carried with Council Member Neidenberger abstaining. (Council Member Neidenberger was not in attendance at the meeting). page 2 PRESENTATIONS BY CITIZENS -Doug McIntosh, Fairway Village- Mr. McIntosh asked Marshal Nolte what mandate was given to the Sheriff's Department. He asked if there was some extraordinary effort to being the citizens of Trophy Club in compliance with the law. Marshal Nolte answered yes to the question. Mr. McIntosh stated that the mandate was too strong and Lieutenant Malden was enforcing the laws punitively. Marshal Nolte pointed out that Lieutenant Malden had followed Mr. McIntosh for some distance with his lights flashing on top of the police car. Mr. McIntosh rolled through the stop sign and continued toward the entrance. At this point Mr. McIntosh got very upset and was told by the Mayor that if he would like to attend court the matter would be taken up then. -Carole Nolte, Oakmont Drive- Mrs. Nolte stated that even though Indian Creek has hills, it is possible to keep the speed at 30 miles per hour. PRESENTATIONS BY COUNCIL -Mayor Pro Tem Vance asked the status of the lights to be put up at the entrance. Mayor Carter stated that Mr. Brown from Independent American was not in attendance to give an update by he would follow up on the matter. -Council Member Martignago pointed out that at a previous meeting the Council had discussed placing a sign on property that has been zoned commercial. He asked if the signs had been posted. Mayor Carter stated that Independent American had stated they would be responsible for the placement of the signs. -Mayor Carter stated that the Council had discussed forming a "Youth Committee" comprised of adults and youths in the Community. The committee would organize activities other than the sports programs already in place. The activities would include dances, parties, picnics, etc. Mayor Carter asked for volunteers to form this committee. -Mayor Carter reminded those in attendance of the upcoming meetings and filing dates for various elections. page 3 -Mayor Carter stated that the Council, Fire Department, Police Department, etc. needs to work on an emergency contingency plan for the area. This would be a disaster- contingency isastercontingency plan for the City in case of a catastrophic -Council Member Martignago stated that he was asked by a committee that was formed by the School Board to recommend the Bond proposal, to explain the proposition that will appear on the ballot March 22. (A copy of this report is on file with the minutes.) CITY STAFF REPORTS -Marshal Nolte gave a report prepared by Lieutenant Will Malden outlining the calls and events that took place in Trophy Club in January. Marshal Nolte reported to the Council that a crime watch program will be organized soon. He also stated that Lieutenant Malden will be visiting the elementary schools in Trophy Club to talk with the children. Council Member Dayton asked Marshal Nolte is the cars for sale near the entrance had been given citations since the City has an Ordinance against this. Marshal Nolte stated that only warnings had been issued and this seemed to be effective. Council Member Dayton stated that she felt a citation should be issued since an ordinance is in place to prohibit anyone from selling cars on public property. -City Secretary Donna Welsh gave a financial report and reviewed the disbursements for the month of January in the amount of $7,840.00. Council Member Neidenberger made a motion to approve the disbursements for the month of January, Council Member Martignago seconded, motion carried unanimously. -Mayor Carter stated that he would like for the City Treasurer to begin making a report splitting the City expenses by item category, showing a monthly and year to date budget amount and actual expenditures. Mayor Carter also asked the City Treasurer to seek additional revenue sources for the City. Mayor Carter suggested contacting other cities to see what these sources might be. page 4 COMMITTEE REPORTS PLANNING AND ZONING COMMISSION: No report. Mayor Carter stated that he would like to see the Commission get back on tract and address some of the ordinances that have been sent back to them for review. Mayor Carter also stated the Commission should get back on the priority list the Council and Commission set up in the past. PARKS AND RECREATION Mayor Carter read a letter from the Texas Parks and Wildlife Commission stating that the proposal from the City of Trophy Club asking for matching funds for a park site has been approved. Mayor Carter stated that he would like for the following two items to be addressed before accepting the funds: 1. The letter from the Texas parks and Wildlife Committee should be reviewed by the Parks and Recreation Committee to make sure the details are specific with what the original intent was for the use of the funds. 2. The Park Land Dedication should contact the developer to see that their intentions are concerning the land for a park. Marshal Engelbeck, Chairman of the Committee, stated that be had met with members of the Historical Society in Denton concerning the barn. The committee has also toured the barn and found that it is deteriorating at a rapid rate. Mr. Engelbeck stated that the committee would have a report- within eportwithin two to four weeks for the Council. Mr. Engelbeck asked the Council to add two members to the Committee: Fran Prescott and Christine Hanson. Council Member Martignago made a motion to add the two ladies to the committee, Council Member Dayton seconded, motion carried unanimously. C.I.A./TOWN MERGER UPDATE Mayor Pro Tem Vance stated that the committee had met with the C.I.A. last week to discuss the merger, and have moved forward with plans to complete this. The C.I.A. has proposed to fund administrative services for the City to expedite the page 5 transfer. Mayor Pro Tem Vance also reported that the C.I.A. also received a letter from the developer stating a willingness to cooperate in this effort, which is important because Independent American is involved with C.I.A.'s 2 and 3. Mayor Pro Tem Vance stated that the committee is working hard to put some specifics to the schedule being worked out between the C.I.A. and the City. POWER POLE UPDATE Mayor Carter stated that the City had received notice from the Utility Commission in Austin ruling against the City of Trophy Club and Westlake in their efforts to prevent the power poles from being erected along Hwy. 114. The Council will discuss the issue in executive session to decide what steps should be taken next. CONSIDERATION OF ORDINANCES/ RESOLUTIONS: SECOND READING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CALLING AN ELECTION PURSUANT TO ARTICLE 1066C OF THE TEXAS REVISED CIVIL STATUTES ANNOTATED ON THE QUESTION OF THE ADOPTION OF A LOCAL SALES AND USE TAX; PROVIDING THAT SUCH QUESTION SHALL BE SUBMITTED AT THE NEXT REGULAR TOWN ELECTION TO BE HELD ON APRIL 5, 1986~ WHICH DATE IS NOT LESS THAN THIRTY (30) NOT MORE THAN NINETY (90) DAYS FROM THE DATE OF THIS ORDINANCE; PROVIDING FOR NOTICE OF AN ELECTION ON SUCH QUESTION TO BE GIVEN BY CAUSING A SUBSTANTIAL COPY OF THIS ORDINANCE TO BE PUBLISHED ON THE SAME DAY OF TWO (2) SUCCESSIVE WEEKS PRIOR TO THE ELECTION; PROVIDING FOR THE ELECTION CALLED HEREIN TO BE CONDUCTED IM ACCORDANCE WITH THE LAW PROVIDED FOR OTHER MUNICIPAL ELECTIONS; PROVIDING AN EFFECTIVE DATE. PUBLIC COMMENT Mr. Fred Allen questioned whether or not the tax would be fair if only the club paid tax. He felt that only club members would be effected. Mayor Carter stated that vendors would be notified of the tax, and this would include not only the club but also tax on building materials, etc. He pointed out that not only club members make use of the club but there are also severaI outside groups who use the club throughout the year. Council Member Dayton expressed concern that this would mostly effect the club and felt the Council should be more specific about what other areas might be taxed. Mayor Carter pointed out that this was an ordinance to place the question of a sales and use tax on the ballot and the page 6 voters would decide. VOTE: Council Member Martignago made a motion to adopt the ordinance as written to place the sales tax issue on the April 5th ballot, Mayor Pro Tem Vance seconded, motion carried with Council Member Dayton opposing. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, MAKING PROVISIONS REQUIRING AN APARTMENT COMPLEX LICENSE; PROVIDING DEFINITIONS; PROVIDING A LICENSE FEE AND A REINSPECTION FEE; PROVIDING STANDARDS; PROVIDING FOR INSPECTION OF CERTAIN RECORDS AND THE PREMISES; PROVIDING FOR AN APPEAL TO THE TOWN COUNCIL; PROVIDING A PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. PUBLIC COMMENT: Mr. George Nassif, of the Apartment Association of North Texas, expressed concerns over the ordinance being too restrictive, privacy issues and the fee being too excessive. Mr. Bob Bush, an Attorney representing Dabney Corporation, stated that he felt this was a tax. He stated that the primary reason for the fee was to provide revenue for the city. Mr. Bush cited several areas in the ordinance he did not agree with such as privacy issues and the fee per unit~ Several residents expressed concern over the fact that the owners of these units do not pay C.I.A. fees but receive benefit from some of the services provided by the Community Improvement Association. Mayor Carter stated that the Council might reconsider charging the fees if the owners would like to pay the $30.00 per month each resident in Trophy Club is required to pay. Council discussion ensued and Mayor Pro Tem Vance outlined the following changes to the ordinance: 1. Page 2, paragraph M, second line- Change the reference from (2) individuals to (3) individuals, in reference to the definition of a family. 2. Page 4, Section 5 to read: License and Inspection Fees - The annual fee for a license, including any reinstatement license renewal under Section 8(E), is $120.00 for the first single location, plus $25.00 for each separate dwelling unit. page 7 3. Page 5,paragraph D (2)- Strike paragraph. 4. Page 5- Strike paragraphs under D(2) with reference to density requirements. 5. Page 5, paragraph E- Under 1> change to read "Number of all tenants occupying each unit". 2) Name of head of household. Strike item 3. 6. Page 6, paragraph H- Strike the last sentence in paragraph with reference to posting. 7. Page 7, paragraph D- After the word ordinance on the second line add "30 days after receipt of written notice". The balance of the paragraph remains the same. Mayor Pro Tem Vance made a motion to adopt the ordinance with the modifications listed, Council Member Neidenberger seconded, motion carried unanimously. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, MAKING PROVISIONS REQUIRING A SINGLE FAMILY RESIDENCE LICENSE; PROVIDING A LICENSE FEE AND A REINSPECTION FEE; PROVIDING STANDARDS; PROVIDING FOR INSPECTION OF CERTAIN RECORDS AND THE PREMISES; PROVIDING FOR AN APPEAL TO THE TOWN COUNCIL; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. PUBLIC COMMENT: Mr. Bush, Attorney for Dabney Corporation, stated that he had the same concerns with this ordinance that he had with the apartment complex ordinance addressed earlier. Mayor Carter made a suggestion to the Council to make the same changes to this ordinance, with the exception of the fee, as were made on the single family ordinance. Council Member Neidenberger made a motion to amend the ordinance as stated above with the following changes in the fees: $50.00 fee for a single family detached dwelling. $25.00 fee for a single family attached dwelling. Council Member Martignago seconded. Mayor Pro Tem Member Vance noted that in the apartment complex ordinance there was a $120.00 charge per complex which would cover the inspections for the common areas. He felt that the $25.00 charge might not cover the cost for inspection of the common areas as outlined in this ordinance. Mayor Pro Tem Vance made a motion to amend the previous motion as follows: $30.00 fee for a single family attached dwelling unit. $50.00 fee for a single family detached dwelling unit. Council Member Martignago seconded the motion. Council Member's Dayton and Neidenberger opposed the amendment. With the vote of two Council Members for the amendment and two opposed to the amendment, Mayor Carter voted for the amendment, motion carries. Mayor Carter asked for a vote on the original motion by Council Member Neidenberger, seconded by Council Member Martignago, to amend the ordinance in connection with the apartment complex ordinance. Motion carried unanimously. EXECUTIVE SESSION The Council adjourned into Executive Session. OPEN SESSION Council Member Neidenberger made a motion to adjourn, Council Member Martignago seconded, motion carried unanimously.