Minutes TC 03/23/1987MINUTES OF REGULAR MEETING
TOWN OF TROPHY CLUB
TROPHY CLUB, TEXAS
THE STATE OF TEXASCOUNTY OF DEN'I"'ON
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The Town Council of the Town of Trophy Club met in Regular
Session on March 23, 1987. The meeting was held at the
Municipal Utility District Building and was open to the
Public.
Jim Carter-
Bettye
arterBettye Dayton
Aldo Martignago
Terry Vance
Mayor
Council Member
Council Member
Council Member
Mayor Pro Tem Venetoff joined the meeting on agenda item
nzne.
Absent: Council Member Kunkel
Also present were the following members of the Town staff:
John Hill
Dan Boutwell
Donna Welsh
Attorney
Town Planner
Secretary
Marshal Nolte joined the meeting on agenda item ten.
CALL TO ORDER
Mayor Carter called the meeting to order at 7:00 p.m..
INVOCATION
The Invocation was given by Council Member 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 with a modification, Council Member Vance seconded,
motion carried unanimously.
page 2
PRESENTATIONS BY CITIZENS
-Bill Richardson asked the Council if they could help keep
the bikers off of the golf course property. They have been
very destructive to the property. The Council instructed Mr.
Hill to check into the possibility of an ordinance to prevent
this type of activity. The Town will also write the corp of
engineers and ask if they can construct some sort of barriers
to help.
-Ms. Brenda Ward and several other residents of Village West
asked the Council what action had taken place to close
Monterrey Drive. The residents cited several problems caused
by the increase in traffic.
Council Member Dayton made a motion to write a letter to the
Methodist Church asking them to seek an alternative ingress
and egress to the property. If the Town does not see any
response in a reasonable amount of time, they will take steps
to close the road. Council Member Martignago seconded the
motion, motion carried unanimously.
The Council also decided to hold a meeting with the
Methodist Church, Mayor Dale White of Westlake, Westar Homes,
Bass Development and other interested parties to discuss the
oroblem.
PRESENTATIONS BY CITIZENS
-Mrs. Beverly Foley announced a Fun -Run for April 18th. The
money received from entry fees will fund the playground
equipment for the tot parks.
-Mr. Dave Hall asked the Council to look into installing
street lights on the west end of Trophy Club Drive from the
bridge into the M.U.D. #2 area.
PRESENTATIONS BY COUNCIL
-Mayor Carter suggested having the staff reports at the
second meeting of the month and the committee reports at the
first meeting of the month. It was the general consensus of
the Council to make the change in the agenda format.
-The Council agreed to have the Emergency Medical Service
provide a monthly report showing expenditures and activities.
The report will be added to the staff reports.
-Mayor Carter annouriced the Flag raising ceremony for
Wednesday at 5:00. The Republican Womers Club, Sales Office,
Council and residents are invited to participate.
page 3
Mayor Carter made the following statement for the record:
"I want to comment on the discussion the Council had on the
agenda at the last meeting. I'm not really criticizing the
vote or the concern the Council had, and it concerns an item
that was supposedly left off of the agenda at my own request.
That was not the case. I would not even bring it up, and I
know the Council acted within their rights to determine how
we establish the agenda. I don't question that, the only
thing I question is that anybody in the world can just about
put anything on our agenda now and we could be criticized.
That's not the reason I'm bringing it up".
"At the second meeting in February it was brought up from the
audience that I was not telling the truth about the item
having to do with the church being on the agenda. I let it
pass and I would let it pass now but at the last Council
meeting I was accused of lying by somebody in the audience
and I'm not going to let that pass".
"I'm going to tell you exactly what happened; When we were
putting the agenda together for the meeting. Donna called me
and we went over the agenda. Donna said there is a request
from a Council member that the item dealing with the
Methodist Church be put on the agenda. I said, "that's going
to be a problem because John is researching that from a legal
standpoint and has not had time to get the information". I
called that Council member and we discussed it and we agreed
together that the item would not be on the agenda. So I did
not act independently on that decision and I wanted that in
the record".
AMBULANCE SUPPORT SERVICES AGREEMENT
The Council had approved the agreement in a previous meeting.
John Hill, town attorney, suggested adding the following
item:
Page 6, item 4.6: Nonwaiver. Nothing herein shall be deemed
to waive any of the Town's governmental or legislative
powers.
Council Member Dayton made a motion to add the amendment,
Council Member Martignago seconded, motion carried
unanimously.
page 4
Mr. Pete Reuss, Chairman of the Planning and Zoning
Commission asked to address the Council on the following
items.-
1.
tems:
1. At the last P & Z meeting, the Commission passed a motion
requiring a $1,000.00 appraisal fee for park dedication
purposes to be paid by the developer of the plat being
reviewed. They also passed a motion empowering Mr. Reuss to
draft a letter to Mr. Nelson and Independent American for
Country Club Place Addition and Section 13. The appraisals
would be held until such time as the Town receives the
$1,000.690 appraisal fee from each.
Mr. Hill stated that at the present time there is no vehicle
to access this fee. It was the general consensus of the
Council to write Mr. Nelson and Independent American asking
them to pay the fees since the goals and objectives require
all payment of fees.
2. Mr. Reuss stated that Mr. Hill and Mr. Boutwell are ready
to draft the Comprehensive Zoning Ordinance. Mr. Boutwell
stated that he would not mind Mr. Hill drafting the ordinance
and he would be available to work with Mr. Hill as needed.
Council Member Vance made a motion to have Mr. Hill draft the
Comprehensive Zoning Ordinance in coordination with Mr.
Boutwell with a not to exceed figure of $1,000.00. Council
Member Martignago seconded, motion carried unanimously.
CONSIDERATION OF ORDINANCES:
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING
REGULATIONS FOR FLOOD HAZARD PREVENTION; MAKING FINDINGS OF
FACT; PROVIDING DEFINITIONS; PROVIDING GENERAL PROVISIONS;
PROVIDING FOR ADMINISTRATION; PROVIDING STANDARDS FOR FLOOD
HAZARD REDUCTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS
($1,000.00} FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE.
Council Member Vance made a motion to approve the ordinance
as written, Council Member Martignago seconded, motion
carried unanimously.
page 5
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING A
PROGRAM INCLUDING MITIGATION, PREPAREDNESS, RESPONSE AND
RECOVERY PHAGES OF COMPREHENSIVE EMERGENCY MANAGEMENT;
ESTABLISHING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR-,
AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT
COORDINATOR; IDENTIFYING AN OPERATIONAL ORGANIZATION;
GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF
EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE
TOWN OF TROPHY CLUB; AUTHORIZING COOPERATIVE AND MUTUAL AID
AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR
COUNTIES AND FOR RELATED PURPOSES PROHIBITING UNAUTHORIZED
WARNING AND ALL -CLEAR SIGNALS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE
TH0U8AND DOLLARS ($11000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE.
Council Member Martignago made a motion to approve the
ordinance as written appointing Mr. Mark Jenschke as
Emergency Management Coordinator. Council Member Dayton
seconded the motion, motion carried unanimously.
CONSIDERATION OF RESOLUTIONS
COUNCIL TO CONSIDER ADOPTING AN INTERLOCAL AGREEMENT WITH
DENTON COUNTY TO PROVIDE EMERGENCY RESPONSE TO UNINCORPORATED
AREAS OF DENTON COUNTY IN THE EVENT OF DISASTER.
Council Member Martignago made a motion to approve the
resolution as written, Council Member Vance seconded, motion
carried unanimously.
COUNCIL TO CONSIDER A RESOLUTION OF THE TOWN OF TROPHY CLUB,
TEXAS STATING ITS POSITION ON PROPOSED AIR QUALITY CONTROLS
FOR DENTON COUNTY.
This resolution was recommended for approval by the Denton
County Commissioners Court. The Council discussed the
resolution but did not feel enough information was available
to make a decision.
Council Member Vance made a motion to table the resolution
until a representative from the Commissioners Court could
give the Council more information. Council Member Dayton
seconded, motion carried unanimously.
Mayor Carter stated that he would try to have Commissioner
Walker or Judge Vic Burgess at the meeting on April 13th to
speak on the resolution.
page 6
COUNCIL TO CONSIDER AMENDING THE FOLLOWING ORDINANCES:
1. ORDINANCE NO. 0 86-24, R-12 RESIDENTIAL:
An amendment requiring the new developer to pay as many
direct and indirect costs created by the new development as
possible to reduce the tax burden of existing residents.
Council Member Dayton made a motion to amend the ordinance as
stated above by the Planning and Zoning Commission, Mayor Pro
Tem Venetoff seconded, motion carried unanimously.
2. ORDINANCE NO. 0 86-30, PARK LAND DEDICATION:
The Planning and Zoning Commission passed unanimously the
following amendments to the ordinance:
1. Purpose: To insure that there will be sufficient park
land within the Town of Trophy Club in accordance with the
master plan to take care of the anticipated needs of all
present and future residents of the town.
Section 4A: Upon submission of the preliminary plat plan,
the developer will submit to the town the current costs of
the appraisal for five lots and any other fees required by
various ordinances of the town. The appraiser and the
developer will meet to select five lots which are
representative of the average land value within the proposed
development. In the event of disagreement, the Planning and
Zoning Commission shall select the five lots that will be
appraised. The average square footage value of the lots
appraised shall represent the square footage price for park
land dedication for that development.
Section 4B: The appraiser must be approved by the
Planning and Zoning Commission.
Mayor Pro Tem Venetoff made a motion to approve the
amendments as suggested by the Planning and Zoning Commission
adding the following amendment by Council Member Vance:
The Planning and Zoning Commission shall have the option of
utilizing prior appraisals if they judge them to be valid and
they have the right to determine prorational reimbursement to
the developer that paid for the associated appraisal.
Council Member Martignago seconded the motion, motion carried
with Council Member Vance opposed.
page 7
3. ORDINANCE NO. 0 SS -27, PLANNED CABLE FRANCHISE:
Mr. Hill reviewed amendments to the ordinance with the
Council. A copy of the revised ordinance is filed with the
minutes.
Council Member Vance made a motion to approve the ordinance
as written, Mayor Pro Tem Venetoff seconded, motion carried
unanimously.
At this point on the agenda, Marshal Nolte joined the
meeting.
The Council was told by Mr. Boutwell that the Comprehensive
Maps would be printed soon. Council Member Vance made a
motion to charge $10.00 for the maps to cover the printing
expense. Mayor Pro Tem Venetoff seconded, motion carried
unanimously.
EXECUTIVE SESSION: At this point in the meeting the Council
adjourned into Executive Session to discuss the following
items:
A} Council to consider committee appointments to the Planning
and Zoning Commission.
B) Council to consider pending litigation between the Town
and K & W Associates.
OPEN SESSION:
A} The Council discussed appointing three members to the
Planning and Zoning Commission. Five people were selected and
will be asked to serve in the following order until the three
positions are filled:
Bob Paige, Janet Kardish, David Schaaf, Bruce Benton and
Dale Heistand.
B) Mr. Hill updated the Council on the pending litigation and
was given instructions concerning the case from the Council.
ADJOURN
Mayor Pro Tem Venetoff made a motion to adjourn, Council
Mr—`c��-b motion carried unanimously.
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