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Minutes TC 03/23/1987MINUTES OF REGULAR MEETING TOWN OF TROPHY CLUB TROPHY CLUB, TEXAS THE STATE OF TEXASCOUNTY OF DEN'I"'ON ) } 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. ---�------~--��--`r---- ---------- -------- Town Secretary Mavc��