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Town Council Minutes 07/26/22Town of Trophy Club Town Council Regular Session Minutes Tuesday, July 26, 2022; 7PM The Trophy Club Town Council met in a Regular Meeting on Tuesday, July 26, 2022. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Jeff Beach Council Member, Place 2 (participated via video conference) Dennis Sheridan Council Member, Place 3 LuAnne Oldham Council Member, Place 5 Steve Flynn Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Karl Monger Council Member, Place 4 STAFF PRESENT: Wade Carroll David Dodd (Remote) Jason Wise Patrick Arata Tony Jaramillo Jill Lind Anita Otterson Mike Erwin Matt Cox Haley Archer Town Manager Town Attorney Fire Chief Police Chief Director of Parks and Recreation Marketing and Communications Director Acting Town Secretary Finance Director Community Development Director Director of Human Resources CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury called the meeting to order at 7:00 PM and noted a quorum with all Council Members present except for Council Member Monger who was out due to illness and Council Member Beach participated remotely. INVOCATION led by Reverend Bill Eason, Fellowship United Methodist Church PLEDGES led by Council Member Oldham Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENTS Jennifer Olson, 340 Inverness Drive, Ms. Olson discussed the CCPD proposed budget. She stated that the Town - Council can only accept or reject the CCPD budget and cannot make changes to the CCPD budget as presented. The budget is almost $370,000 and no explanation of categories or details even though members of the community have asked for clarificatiorf During the June 20, 2022 CCPD Meeting a CCPD Board Member inquired about the budget line item for Legal Fees. Ms. Olson stated that this line item is not available for the public to view and she would like to see what the dollar amount is in this line. She stated that there has been no accountability for how the CCPD funds were spent in the past so they have been threatened by lawsuits recently. She stated that Police Chief Patrick Arata was in the meeting and was very vague about why there would even be lawsuits. She stated that she has documentation proving that Town employees have spent a lot of time and money to ensure that public records were 1l1 kept secret or destroyed. She stated that the Town Attorney has worked feverishly on these cases, but the Town decided to hire a large outside firm to handle the Town's defense, costing the Town thousands of dollars. The same outside law firm was hired to respond to an Attorney General complaint alleging the police department was not legally responding to open records requests. The police department has been denying public information to requestors and the Office of the Attorney General's office has forced the Town to provide the information that was denied and required to return money to requestors because they were overcharged. We need to evaluate how much we're paying our Town Attorney because we're also paying big law firms to handle petty issues that should be resolved by the Town Lawyer. She hopes Council will ask questions regarding the CCPD Budget. ANNOUNCEMENTS AND REPORTS 1. Business Spotlight — Poki Bowl, Brian and Kirsten Lehrmann (Mayor Fleury) Mr. Lehrmann described poke as deconstructed sushi. He said they had a phenomenal grand opening. Mayor Fleury noted that they offer cooked toppings as well, if you don't like raw fish. Mr. Lehrmann said they also have vegetarian options. Everyone favorably commented on the ice cream. 2. Update on July 4t' (T. Jaramillo). Parks and Rec Director Tony Jaramillo thanked the Town Staff and all the departments that chipped in to help at the events. He said they had 476 runners in the 5K event and raised $9386 in revenue from the event. Meat U Anywhere breakfast was provided by Bara Church. TCPRVA volunteers helped out for the race. The Parade of Patriots had 41 registrations and over 100 participants, including special guest Jackie Hayden. There were approximately 3,500 spectators. For the fireworks, we had about 6,500 attendees and raised $4,000 from wristband sales. They had increased food vendors this year and increased inflatables which helped with the lines at each area. He also thanked all of the sponsors for the event. PROCLAMATIONS 3. Issue Proclamation 2022-11 proclaiming July 2022 as Everybody Love Everybody Month in Trophy Club (Mayor Fleury). Mayor Fleury read the Proclamation. Mayor Fleury made a motion to accept Proclamation 2022-11. The motion was seconded by COUNCIL MEMBER Sheridan. The motion passed unanimously. Mayor Fleury stated that Chris Bailey and family are committed to Everybody Love Everybody. They do this every day— providing socks, sleeping bags, diapers, etc to the less fortunate. It drives the point home that one person can make a difference. She thanked Chris and his family for everything that they do. Chris Bailey thanked everyone in Trophy Club for all their support. CONSENT AGENDA 4. Consider and take appropriate action approving a contract with Halff Associates for Landscape Architect services; Contract includes design of four entrances into Trophy Club including prominent placement and landscape design surrounding bronze statues and landscape designs that can be incorporated in medians throughout Town. Landscape Architect services not to exceed $37,000. (W. Carroll) 5. Consider and take appropriate action regarding the Town Council Meeting Minutes dated June 28, 2022 (A. Otterson). 122 Mayor Fleury pulled item #4 to discuss. She said that we have been working on traffic mitigation for a while. She and Town Manager Carroll went to the Commissioner's Court in Denton County and met with Dianne Edmondson today. They were told that Trophy Club will be part of the bond on the ballot in November 2022 for traffic mitigation. This may change the scope of work for the- Halff contract. The Mayor thanked Commissioner Edmondson for working hard to get us in this grant program and she thanked Town Manager Carroll for finding several solutions to our traffic issues. She made a motion to approve item #4. The motion was seconded by Council Member Lamont and passed unanimously. Mayor Pro Tem Lamont made a motion to approve item #5. The motion was seconded by Council member Flynn. The motion passed unanimously. INDIVIDUAL ITEMS 6. Trophy Club Crime Control and Prevention District (CCPD) Budget. a. Conduct a Public Hearing regarding the Trophy Club CCPD Budget for Fiscal Year 2023, submitted to the Town Council by the CCPD Board. b. Consider and take appropriate action regarding the approval of the Trophy Club CCPD Budget for Fiscal Year 2023 submitted to the Town Council by the CCPD Board (M. Erwin). Finance Director Mike Erwin provided information on the CCPD budget. The revenues are estimated at $351,900, and expenditures at $359,000, with a slight use of fund balance. Some expenditures include vehicles, professional outside services, and small equipment. At this point, Council is approving- the CCPD budget, EDC budget and CIP Plan so that we can put them in the proposed budget that will be presented at the next, Town Council Meeting. Mayor Fleury announced that the Public Hearing would now be open at 7:29 pm. One speaker was signed up to speak, Jennifer Olson, but she declined to speak. The Public Hearing was closed at 7:30 pm. Mayor Pro Tem. Lamont made a motion to approve the CCPD budget for fiscal year 2023, as submitted to the Town Council by the CCPD Board. The motion was seconded by Council Member Beach. Mayor Pro Tern Lamont questioned if the Legal fees were included in the general fund. Finance Manager Erwin stated that it was included in Professional Outside Services in the CCPD budget at $55,000. The motion passed unanimously. 183 7. Take appropriate action regarding the approval of the Trophy Club EDC-4B Budget (W. Carroll, M. Erwin). Town Manager Carroll discussed the EDC Budget which primarily stayed the same as last year's budget, but with 3 changes. Legal Fees have been increased to cover costs for the easement issues that we're dealing with on EDC-owned property, and we also have to have some deals with developers for EDC property. The advertising budget was reduced by $10,000. It was decreased based on the history of expenses in that account over the last three years. We increased the travel budget and Schools and Training to allow the chair and vice chair to attend training that would help them with developers. Mayor Pro Tem. Lamont made a motion to approve the EDC-413 budget for the fiscal year 2023 as presented to Council by the EDC-413 Board. The motion was seconded by Council Member Oldham. Council Member Sheridan questioned the need for outside legal fees as opposed to using our Town Attorney.. Town Manager Carroll explained that our Town Attorney, David Dodd, is an excellent attorney, but he is a general law attorney. Sometimes these economic development deals are very specialized in land use and we need someone who specializes in land development. The motion passed unanimously. 8. Consider and take appropriate action regarding the approval of the Trophy Club Capital Improvement Plan Budget for Fiscal Year 2023-2027 (M. Erwin). Mr. Erwin stated that the Towns Code of Ordinances required the, Town Manager to present this to the Council prior to August 1st of each year. The plan includes streets, drainage, Trophy Club Park, sidewalks, pool, parks, and fields. It has various funding sources — it has ARPA funds, current bond funds and future bond funds. Mayor Pro Tem. Lamont made a motion to approve the Trophy Club Capital Improvement Budget for fiscal years 2023-2027 as submitted to the Town Council. The motion was seconded by Council Member Flynn. The motion passed unanimously. 9. Case PP-22-001 (Bobcat Village Phase 1, formally 1H) Consider and take appropriate action regarding a Preliminary Plat for Bobcat Village Phase 1 (formally 1H) containing + 2.788 acres of land located east of Bobcat Boulevard, south and east of Halifax Street, and north of Byron Nelson High School. (M. Cox). 14,4 Community Development Director Matt Cox stated that Town Council approved the PD for this property; it was formerly a gas well site. The property owner has applied for a preliminary plat. He showed the approved concept plan for phase I and 2. Including 21 residential lots and 2 open space private street lots and 1 open space lot. These lots meet or exceed the minimum standards in the adopted PD regulations. An HOA will be created. The P&Z Board were presented with this plan and unanimously recommended approval of this plat with 2 additional conditions; first note #4 shall include: private streets shall be privately owned and maintained by the HOA and; Capping and condition of the well documentation from the Texas Railroad Commission shall be supplied. The applicant has amended Note #4 as requested and the well history and capping information has been supplied. The Town Engineer and the Fire Marshal have reviewed the plans with no additional comments. Staff recommendation is to approve the Preliminary Plat with the following conditions: 1. Applicant shall provide street names for review/consideration prior to a Final Plat application. 2. Applicant shall provide details for private street gates plan/design/turnround for review/consideration prior to a Final Plat application. 3. Applicant shall provide HOA documents for review/consideration prior to a Final Plat application. 4. Applicant shall provide traffic calming design/plan for access area between Phases 1 and 2 for review/consideration prior to a Final Plat application. 5. The pipeline easement, access, abandonments, amendments, etc. are currently being coordinated with the applicant, Staff and the Town Attorney. An agreed -upon plan to address the pipeline easement shall be completed prior to a Final Plan application. 6. Plat and accompanying engineering plans are subject to additional review comments/conditions with plat resubmissions. Mayor Pro Tem Lamont made a motion to approve the Preliminary Plat for Bobcat Village Phase 1, formerly Phase III, containing + 2.788 acres of land located east of Bobcat Boulevard, south and east of Halifax Street, and north of Byron Nelson High School. The motion was seconded by Council Member Beach. Council Member Sheridan stated that he wanted to make an amendment to the motion. He would like a note added to the Preliminary Plat prior to any "dirt turning over". Currently, there are two HOAs identified, one for each phase. He noted that these preliminary plats only deal with the land that is owned by the Beck Companies. It doesn't include the connecting roads or access, or how they get there from Bobcat Blvd. He would like to have the HOAs responsible for all of the additional items offsite. Council Member Sheridan made a motion to add an amendment to Phase 1 - Bobcat HOA (Phase 1 and 2; making it 1 HOA) shall be responsible for the ownership, operation and maintenance of any commonly held property and offsite elements that provide easements of access and utilities to Bobcat Village from Bobcat Blvd and between Phase I and 2 including but not limited to the private road. The motion was seconded by Council Member Oldham. 155 Mr. Yochoua Arrouas, the applicant, wanted to confirm that the amendment was asking for the HOA to maintain the road connecting Bobcat Blvd to Parcel 1H. Town Manager Carroll stated that the portion of the road on Town Property would be maintained by the Town. The HOA would be required to maintain anything that started on their property. Town Attorney David Dodd stated that the only way we could force them to maintain the road on Town property would be if the community was gated and the gate was placed on Town property, the road would be considered private from the gate on. Town Manager Carroll recommended that a note would be added to the preliminary plat as follows: That a single HOA be made and responsible for ownership of commonly owned property within the site. Council Member Sheridan stated that this would cover the portion of the road from Bobcat Blvd to Phase 1 but what would happen to the road from phase 1 to phase 2? Mr. Arrouas said he hasn't thought about that aspect yet. Town Manager Carroll stated that this portion of the road is owned by the School District and asked Mr. Arrouas if he would be taking care of that part of the roadway through the HOA. Mr. Arrouas stated that he didn't feel like the school would allow him to build a road and with the road easement being in place he isn't sure if that would work. Town Manager Carroll asked if "All commonly owned property within the plat with the inclusion of the drive between Phase 1 and 2" would be agreeable language and Mr. Arrouas said Yes. Council Member Oldham questioned if the Town would still be responsible for maintaining the private road easement across Town Property. Town Manager Carroll stated yes, because that is the Town's only access to the water tower. Council Member Oldham stated that the exclusive road easement benefits Beck only and it's for their exclusive use so why would we maintain it. Mr. Carroll stated that we had discussed replating that. Council Member Oldham stated that if we replatted it, it would become' a public road, was that the intent to replat and dedicate as public? Mr. Carroll said Yes, that was the intent. Council Member Oldham agreed that that made sense. Mayor Pro Tem Lamont asked if we could force an HOA to maintain certain property if the developer doesn't want to do that. Why are we forcing an HOA to do something that should be their decision? David Dodd stated that we can force them to maintain the property that they own. If we allow them to have a monument sign or something similar on our property, we can require them to maintain that. As far as a private toad, if the gate is on our property we can require them to maintain the part of the road inside the gate. If it's a public road, or other people have access to it, we can't require it. Mayor Pro Tem Lamont asked what if the developer/owner doesn't want to turn ownership over to the HOA? Town Manager Carroll stated that we cannot force them but we can ask them to take responsibility of the roadway and the maintenance of the roadway between phase 1 and 2. They can accept that responsibility, but we can't force it. Mayor Pro Tem Lamont asked why we were making this an amendment. Council Member Sheridan stated that somebody has to maintain it. If the road is part of Bobcat Village, even if it's on an easement it's still private street within this neighborhood. Somebody has to be responsible for private streets. Mayor Pro Tem Lamont asked what private streets he was referring to. Council Member Sheridan stated that we have resolved the issue for the road leading into Phase 1, but we still needed to figure 166 out the portion of road between phase 1 and phase 2. He stated that it was more than just the road — what about cross walk maintenance, and sidewalks. Naturally, in a private community the HOA would maintain it. All he would like is acknowledgement on the plat on Note 4 that this is going to happen. Mr. Carroll said that he felt that was what Mr. Arrouas had intended to happen. Council Member Sheridan withdrew his motion. Mayor Pro Tem Lamont made a motion to add a note to the preliminary plat that a single HOA be named and be responsible for ownership of commonly owned property, including the property between phase I and 2. Council Member Sheridan seconded the motion. Mayor Pro Tem. Lamont asked if we could force an HOA to own something. Mr. Carroll replied No. Mr. Arrouas asked how we can force him to maintain a property that is not included in the plat. Council Member Sheridan stated that Mr. Arrouas presented to the Town a very unique situation. You have 2 parcels that are separated by a piece of property that is owned by somebody else. But you are creating one neighborhood. In order to do that, the developer has to connect them with a road. All he wants to do is determine who is going to maintain that road. I think that it would go with the rest of the community as an HOA, but if there's another way to do, he is all for hearing it. Mr. Arrouas stated that since the land is owned by NISD, that this is something that would be worked out between Beck and the NISD. Council Member Sheridan stated in that case that Beck now has a plat for phase 2 that he doesn't have access to. Mr. Arrouas stated that he has a road easement. Council Member Sheridan said all he wanted to know was who was going to maintain the road that he was going to put in there. It's not an NISD issue and it's not a Beck issue, it's an HOA issue. Mr. Carroll, speaking to Mr. Arrouas, said that Mr. Arrouas had stated that Beck would be willing to maintain the road between phase I and 2. Was that correct? Mr. Arrouas said yes. Mr. Carroll asked does any of this matter? We can't force you (Beck) but we can ask and you can either accept or deny. David Dodd said the easement connecting the 2 phases doesn't show a road that's built to standards for police and fire and it becomes a health and safety issue if it deteriorates and isn't maintained. And Beck is also asking for approval of a plat that doesn't show proper access and maintenance. So, it's a health and safety issue why we can ask the HOA to maintain the connecting road. Mayor Pro Tern Lamont asked if this could be done on the Final Plat. Matt Cox said Yes and that this discussion should probably be on phase 2 agenda item. Council Member Sheridan withdrew the motion for the amendment. Mayor Pro Tern Lamont made a motion to approve the Preliminary Plat for Bobcat Village Phase 1, formerly Phase 1 H, containing + 2.788 acres of land located east of Bobcat Boulevard, south and east of Halifax Street, and north of Byron Nelson High School. Council Member Oldham stated that she had an amendment that she would like to add to Phase 1. She asked Mr. Arrouas that in an email he wrote to the Town, he indicated to staff that he is looking 1117 to cooperate with the Town in our replating of the adjoining lot, and in that replat, we would be putting in public utility easements which are required by Ordinance along with a public road up to your lot line. In exchange for that, we would take the abandonment of the pipeline easement that is currently sitting on that lot, and abandon that exclusive private roadway easement on that lot only. Mr. Arrouas agreed that was true. She would like to see that on the preliminary plat so when we go to Final Plat it has already been addressed. Council Member Oldham made a motion to amend the current motion to read: Applicant agrees to cooperate with the Town of Trophy Club in replating lot 2, block I NISD High School addition 2, to replace the existing exclusive road easement and pipeline easement recorded 2004-52884 with public road residential access, public utility easement, prior to phase 1 final plat subdivision. Council Member Sheridan seconded the motion for the amendment. Mayor Pro Tem Lamont asked for clarification on the amendment. Council Member Oldham said that what we're doing is taking exclusive private road easement and replacing it with public road up to the lot line and then we're taking a pipeline easement that was very specific in its' creation and intent and we're going to replace that with a public utility easement to take care of all of our utilities. This runs it from Bobcat to the start of the subdivision so it works for the applicant in that we are willing to do that for the replat as the owner of the property and it works for us as we clean that bit up. Mayor Pro Tern Lamont asked if we don't do it would there be a problem bringing public utilities into the area? Council Member Oldham said Yes. Council Member Flynn asked if what Council Member Oldham just stated was completely covered in the amendment that she made. She said Yes. The motion for the amendment stayed — motion made by Council Member Oldham, seconded by Council Member Sheridan. The motion passed with all Council Members voting in favor. The original motion as amended at the Dias was voted on. All Council Members voted in favor. 10. Case PP-22-002 (Bobcat Village Phase 2, formally 1HB) Consider and take appropriate action regarding a Preliminary Plat for Bobcat Village Phase 2 (formally 1HB) containing + 2.106 acres of land located east of Bobcat Boulevard, east of Halifax Street, and north of Byron Nelson High School. (M. Cox) Matt Cox said this Preliminary Plat was almost identical to Phase 1. It went to P&Z and Council in December. It was recommended by P&Z and Council approved it. This plat consists of 14 residential lots and 2 open space lots and private street lots. The lots meet or exceed the minimum standards. The development is proposed as private streets. There will be an HOA created with the filing of the final plat. The Town Attorney has been assisting with the existing access and pipeline easements. P&Z recommended the approval of the preliminary plat. This didn't have any drilling so there wasn't an issue with capped wells. Note 4 will contain "private streets will be owned and maintained by the HOA". The Town Engineer and Fire Marshal have both reviewed the plan and have no additional M comments. Staff has reviewed the preliminary plat and are recommending the approval subject to the following conditions: 1. Applicant shall provide street names for review/consideration prior to a Final Plat application. 2. Applicant shall provide details for private street gates plan/design/turnround for review/consideration prior to a Final Plat application. 3. Applicant shall provide HOA documents for review/consideration prior to a Final Plat application. 4. Applicant shall provide traffic calming design/plan for access area between Phases 1 and 2 for review/consideration prior to a Final Plat application. 5. The pipeline easement, access, abandonments, amendments, etc. are currently being coordinated with the applicant, Staff, and the Town Attorney. An agreed -upon plan to address the pipeline easement shall be completed prior to a Final Plan application; and Plat and accompanying engineering plans are subject to additional review comments/conditions with plat resubmissions. Mayor Pro Tern Lamont made a motion to approve the Preliminary Plat for Bobcat Village Phase 2 (formally 1 HB) containing + 2.106 acres of land located east of Bobcat Boulevard, east of Halifax Street, and north of Byron Nelson High School. The motion was seconded by Mayor Fleury. Council Member Sheridan stated that he had 2 issues- one is with the HOA. We have a strip of land between 2 pieces of Beck property that's part of the community. There is going to have to be a road and utility easements and it's going to have to have traffic calming on site for the crosswalk to satisfy what the PD talked about — between Highland Glen and the high school there is a walkway. Who maintains that? He feels it should be the HOA. Beck, when this place is done, is out of the picture and so is any developer or outside company. So, the residents, by way of an HOA, should be the one to do it. Town manager Carroll stated that the amendment at this point would specify that a single BOA be named and made responsible for ownership of commonly owned property including the roadway between phase 1 and phase 2. Council Member Sheridan confirmed that would include the traffic calming area and Town Manager Carroll said Yes Mayor Pro Tern Lamont made a motion to amend the motion for a note to be added to the Preliminary Plat. That a single HOA be named and made responsible for ownership of commonly owned property including the roadway between phase l and phase 2. The motion was seconded by Council Member Sheridan. Mayor Pro Tern Lamont questioned ownership. The amendment passed with all Council Member voting yes. la Council Member Sheridan had another amendment that he wanted to make to the motion. He stated between Highland Glen and the proposed Bobcat Village PH 2 there is a wall. On the preliminary Plat it reads "5 foot wall maintenance easement by this plat", but it doesn't describe what, who, how and he would like that identified. His motion for an amendment - A note added to the preliminary plat that a nonexclusive easement and a right to construct, reconstruct and perpetually maintain access and facilities( whether by plat or separate document is up to the applicant) to the Highland Glen community. Town Manager Carroll confirmed that the amendment would be that a notation be added to the preliminary plat to identify perpetual maintenance and reconstruction easement for reconstruction or maintenance on the wall. Mr. Carroll confirmed with Council Member Sheridan that the easement is shown, just not identified, and he wants to identify that easement's purpose. Mayor Pro Tem Lamont asked if we can put this on the plat — forcing another community to comply. Town Manager Carroll clarified that Highland Glen already has the responsibility to maintain the wall. All we're doing in Mr. Sheridan's motion is identifying that easement; the location of that easement is already there, we just want to identify that easement's purpose. Council Member Sheridan stated that the easement is on the Preliminary Plat. He just wants it to say what it is to be used for. Mr. Carroll stated that he didn't think that we needed to name who is responsible to maintain the easement, just that that is the purpose of the easement. Council Member Sheridan said that this protects the Highland Glen people and gives them access to the wall. Council Member Oldham seconded the motion Council Member Oldham stated that since the easement was a continuation of the plat for the Highland Glen plat the easement was already identified. There was a 5 foot wall easement running down the subdivision, but there was a gap in the easement at the location that was owned by C Oil Investments. She feels the intent was to just get it on this plat and it really ties in with the one that "gapped". She thinks that identifying it as a 5 foot wall maintenance easement would be appropriate, but how do we tie it back into the other documents. Council Member Sheridan stated that it would be a separate piece of property or a separate issue and when they say by this plat that means it's got to be identified somehow or another by this owner. Mr. Carroll confirmed that the amendment would be that a notation be made on the preliminary plat (noting that the applicant has agreed to put the notation on the plat) to identify the maintenance easement along the west boundary of the property for the purpose of maintaining the retaining wall by the retaining wall owner. Council Member Sheridan withdrew his amendment. to Mayor Pro Tent Lamont asked Town Attorney David Dodd if this would give us any issues. Mr. Dodd said that he would add 5 feet to identify the size of the easement. A motion was made for an amendment by Mayor Pro Tem Lamont for a notation to be made on the preliminary plat (noting that the applicant has agreed to put the notation on the plat) to identify the maintenance easement along the west boundary of the property for the purpose of maintaining the 5 foot retaining wall by the retaining wall owner. The motion was seconded by Council Member Sheridan. Mayor Pro Tern Lamont stated that he would vote against this. Matt Cox showed on the preliminary plat where the current wall maintenance easement was located on the Highland Glen plat. He showed the gap that Council Member Oldham referred to and stated that we were just trying to "Connect the dots" for Phase 2 and for Highlands Glen so they have access to the wall. There is a wall maintenance easement, but they just need to show on the plat that there is a 5' access easement. Mayor Pro Tern Lamont stated that it didn't say "Access" and he asked Mr. Arrouas if he was ok with that. He nodded yes. The vote passed unanimously with all members voting in favor Council Member Oldham presented another amendment to the motion. She stated that there wasn't a public utility easement within the roadway easement connecting phase 1 and phase 2. There is a pipeline easement there that was intended for mineral exploitation. She asked Mr. Arrouas what his intent is for running public utilities from phase I to phase 2. Mr. Arrouas said the engineer has all utilities running through the pipeline easement, because he believes the wording says "gas, water or any type of substance". There has been discussions with NISD to see if they can just clean it up. He said we are very early in the game and he doesn't have all the answers. He said these are things that take time, but he is confident that working with NISD they will get this accomplished. She asked if he would object to presenting documentation to the Town attorney to review. She asked if applicant agrees to provide documentation from Land owner (NISD) for town attorney review and approval that adequately and properly evidences public utility easement rights in place across the exclusive road easement and/or pipeline easement connecting phase I to phase 2 prior to phase 2 final plat submission. Mr. Arrouas asked if the "public easements" that were mentioned are not private? He said everything running into the development would be private. Council Member Oldham stated that it meant public utilities, franchise utilities. He said that he would have a problem with this, because he's not sure why the Town Attorney would have to review an agreement between NISD and Beck. Council Member Oldham stated that she just wanted to see evidence of recorded documents. Mr. Arrouas stated that if he doesn't have the proper documentation then Matt wouldn't let him start the work. So, he's going to get his documentation, he's just not sure why the Town would need to review them. Council Member Oldham stated that all we were wanting to see is if he does obtain a utility easement or if he modifies the existing easements to include the franchise utility vendors, then that would be enough. Mayor Fleury asked if this could wait until the Final Plat. T4 Mr. Carroll clarified that what Mr. Arrouas was saying was that he was going to have to show those utilities on something for us to be able to give him a permit to build, he's got to show where utilities are coming from. He believes what Council Member Oldham is asking that we just have some kind of assurance that that is coming. Council Member Oldham stated that our ordinance also requires that "specifically indicating the connection of improvements in adjacent subdivisions" so we're just wanting to see how they're going to connect and right now it's a question mark because he already knows that he has to go back to NISD to discuss this. She is looking for assurances that public easements will be in place by separate document. Mayor Fleury noted that she felt Mr. Arrouas was just having an issue with the need for our Town Attorney to approve an Agreement between NISD and Beck. Mr. Arrouas stated that it was very early in the game and we're adding a lot of conditions that don't really pertain to the plat. He doesn't want to commit to something that creates problems down the line. Council Member Oldham asked if we could agree that once he gets the authority and the land rights that will be filed as public record that we receive a copy Mr. Arrouas said that they have land rights right now. Council Member Oldham stated that the land rights were limited to an exclusive roadway easement and to a pipeline easement that is for the exploitation of minerals, it's not meant for residential public utilities. She stated that we are going on faith that public utilities will be available to PH 2. Mr. Carroll asked Council Member Oldham if she would be ok with this being a condition of approval that would be on the final plat. Council Member Oldham said Yes if Mr. Arrouas would agree to provide documentation. Mr: Carroll said that Mr. Arrouas was going to have to provide some type of engineering that shows that he has the ability to bring the utilities to that property. So, that's going to be done at the final plat. So, can we agree that on the final plat Mr. Arrouas would be able to note on the final plat where the utilities are being brought in. Mr. Arrouas stated Yes. David Dodd stated that Beck has to show the utilities and how they're going to get there. There are multiple ways for this to be completed — something he reviews, noted on the plat, - but the actual requirement is proof of utilities: Council Member Oldham stated that she just wanted to make sure that we weren't getting public utilities run through a pipeline easement. Mr. Arrouas stated they he would need to consult with his attorney to see what the best solution is for getting utilities to PH 2. Mr. Carroll clarified that because it's a requirement of our preliminary plat we can require Beck, by final plat, to show us where utilities are going to be brought into phase 2. David Dodd said that it is a requirement that he show an easement or some kind of land authority to do it since it's not his property. Mr. Carroll asked for the easement between phase 1 and phase 2, can we legally require that as part of the approval for the phase 2 plat? David Dodd said No, we just have to see that utilities are coming and how they're getting there. II Council Member Oldham felt that because of the thorough discussion she could withdraw her amendment. Mayor Fleury confirmed that we now had a motion for item 10 with 2 amendments, the third amendment has been withdrawn. Mayor Pro Tern Lamont asked to be reminded what the second amendment was. Mr. Carroll clarified that it was for the 5-foot maintenance agreement along the wall. The motion passed unanimously with all members voting in favor. It. Consider and take appropriate action amending Ordinance Section 14.02.252(J)(1) for sales of alcoholic beverages within town -owned parks, contingent upon the Special Event Review Committee (SERC) application reviewing process and approval by the Town Manager or his designee (T. Jaramillo). Tony Jaramillo stated that at a previous meeting Council approved the sale of beer and alcohol for the First Annual Taste of Trophy Club event. It was a very successful event. At the same meeting, then Council Member Shoffner asked that we grant permission for the sale of beer and wine in town parks and for staff to be able to make that decision, along with the Town Manager and Special Event Review Committee. It's more of a convenience for staff not to have to come to Council for review every time we have a request. Mayor Pro Tent Lamont made a motion to approve amending Ordinance Section 14.02.252(J)(1) for sales of alcoholic beverages within town -owned parks, contingent upon the Special Event Review Committee (SERC) application reviewing process and approval by the Town Manager or his designee. The motion was seconded by Council Member Flynn. The motion passed unanimously. 12. Review Future Agenda items (W. Carroll) Town Manager Carroll stated that we had received the Proof for the Veteran's Memorial obelisk. The wording on the monument has been sent to the committee for approval and we are waiting on feedback from the group. The second item to promote local businesses through EDC and Hot Funds. He has been working with Jill Lind to set up meetings with hoteliers and local restaurants and he spoke with Schwab to see what is the best product to get the best outcome — is it buy one get one free, maybe a coupon — to bring lunchtime business to Trophy Club. The meeting with Schwab went very well, and we hope to have other meetings completed in the next 30 days. Mayor Pro Tern Lamont asked if we were having a joint meeting with the MUD. Mr. Carroll stated that the new ILA stated that we only needed a joint meeting if one of the parties didn't agree with the preliminary budget presented. If one side or the other rejects, than we would be required to have the meeting. 0 Mayor Pro Tem Lamont stated that he would like to request a joint meeting because they are under the impression that we are responsible for the property, when we are only responsible for fire services. They are saying fire services includes maintaining the property. Mr. Carroll asked Mayor Pro Tem Lamont if we were able to get written documentation that says that they understand that they own the property as well (including an email) would that be sufficient. Mayor Pro Tem Lamont agreed. EXECUTIVE SESSION 13. Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open meetings Act), the Town Council will recess into executive session to discuss the following: a. Section 551.087 Economic Development — Deliberate Economic Development Negotiations regarding prospective commercial projects within the Town of Trophy Club. b. Section 551.071 Attomey-Client privilege 1. Deliberate possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. c. Section 551.074 Personnel Matters — deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee; 1. Town Manager Council moved into executive session at 8:43 PM RECONVENE INTO REGULAR SESSION 14. Consider and take appropriate action regarding executive session items (Mayor Fleury). Council reconvened into regular session at 9:55 Mayor Fleury made a motion to approve Town Manager Wade Carroll's contract as discussed in executive session. The motion was seconded by Mayor Pro Tem Lamont. The motion passed unanimously. ADJOURN Mayor Fleury adjourned the meeting at 9:56 pm St: jzuza::� aLy� Anita Otterson, Town Secretary E