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Minutes TC 06/16/1998MINUTES OF TOWN COUNCIL WORKSHOP BASEBALL ASSOCIATION/P&R COMMITTEE TOWN OF TROPHY CLUB June 16, 1998 THE STATE OF TEXAS § The Town Council of the Town of Trophy Club, Texas met in a workshop session with the Baseball Association and the Parks and Recreation Committee preceding the regular Town Council meeting on on Tuesday, June 16, 1998. The meeting was held within the boundaries of the Town of Trophy Club. COUNCIL MEMBERS PRESENT: Jim Carter Ben Brewster Kevin Carr Kay Pratt COUNCIL MEMBERS ABSENT: Marshall Engelbeck Susan H. McCabe Donna Welsh Karen Sadri Cathy Morgas Bill LeGrand Pam Liston Billy Hughes Bill Matthai Dawn Seay David Neal Joe Poverelli Denise Poverelli Mark Aslett Karen Collins WORKSHOP SESSION Mayor Council Member Council Member Council Member Mayor Pro Tem Council Member Town Manager Town Secretary P&Z Administrator Director of Public Works Interim Town Attorney Parks and Rec. Comm. Chairperson Parks and Rec. Comm. Member Parks and Rec. Comm. Member Parks and Rec. Comm. Member Baseball Association Commissioner Baseball Association Member Baseball Association Member Baseball Association Member mluufflm• The Workshop Session was called to order at 6:05 p.m. Page 2 Workshop Session June 16, 1998 TOWN COUNCIL TO HOLD DISCUSSION WITH PARKS AND RECREATION COMMITTEE AND BASEBALL ASSOCIATION, REGARDING PLAYING FIELDS AND CORPS OF ENGINEERS PROPERTY. Mayor Carter acknowledged that the fields were privately owned but maintained by the Sports Association. He further expressed concern that the fields were not comparable to others in the area, i.e., parking and restroom facilities. He also stated the need to look to the future regarding the number of participants and multi use of playing fields. Baseball Commissioner, Joe Poverelli, expressed concern about the loss of ball fields and the increase of residents with children. They have 16 teams this year and anticipate 20 teams next year. TIZey want to stay in Trophy Club because of the need to have three age groups playing baseball. Town Manager, Donna Welsh, gave an update of Corps. Land. Discussion insued around a build out concept plan by all three groups represented regarding: security, parking, and restrooms. It was decided that by July, they would push the Corps. to have necessary paperwork which would include the school property & bond package; meet with the Parks and Recreation Committee and prioritize baseball over soccer. Council Member Brewster suggested a task team be assembled for the Corps. Property to create a formal project with goals, key objectives and proposed dates. The Parks and Recreation Committee rejected the idea of a task force because they have already done the ground work. The workshop adjourned at 7:02 p.m. MINUTES OF PUBLIC HEARIN-Cd REGULAR TOWN COUNCIL MEETING TOWN OF TROPHY CLUB, TEXAS June 16, 1998 THE STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas met in a public hearing/regular session Tuesday, June 16, 1998. The meeting was held within the boundaries of the Town and was open to the public. COUNCIL MEMBERS PRESENT: Jim Carter Ben Brewster Kevin Carr Susan H. McCabe Kay Pratt COUNCIL MEMBERS ABSENT: Marshall Engelbeck STAFF AND GUESTS PRESENT: Donna Welsh Karen Sadri Cathy Morgas Bill LeGrand David Miller Pam Liston John Harbin Dave Robison •';1 M Mayor Council Member Council Member Council Member Council Member Mayor Pro Tem Town Manager Town Secretary P&Z Administrator Director of Public Works Director of Dept. of Public Safety Interim Town Attorney Vice -President, Beek Properties, Inc. Finance Committee Member Mayor Carter called the meeting to order at 7:02 p.m., noting a quorum was present. David Miller, Director DPS, gave the invocation. 5 11j; - ril : !� 'I, 1 11 The Pledge of Allegiance to the American and Texas Flags was led by John Harbin, Vice -President, Beek Properties, Inc. Page 2 Town Council Meeting June 16, 1998 TOWN COUNCIL TO RECESS REGULAR SESSION: Council Member McCabe moved to recess the regular session at 7:02 p.m. Council Member Carr seconded; the motion was passed unanimously. PUBLIC HEARING (#1) TOWN COUNCIL TO OPEN PUBLIC HEARING: Council Member McCabe moved to open the Public Hearing at 7:03 p.m. Council Member Pratt seconded; the motion was passed unanimously. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO THE FOLLOWING: A. TO ANNEX CERTAIN LAND (11.589 ACRES) INTO THE TOWN FILED BY JOHN HARBIN, BECK PROPERTIES, INC. There were no public presentations or comments TOWN COUNCIL TO CLOSE THE PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN. Council Member Carr moved to close the Public Hearing at 7:05 p.m. Council Member Brewster seconded; the motion was passed unanimously. REGULAR SESSION TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Town Council reconvened into Regular Session at 7:05 p.m. CITIZENS PRESENTATIONS: THIS IS AN OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ANY MATTER WHETHER OR NOT IT IS POSTED ON THE AGENDA. THE COUNCIL IS NOT PERMITTED TO TAKE ACTION ON ANY PRESENTATION MADE TO THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATIONS ON SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS. There were no citizen presentations. Karen Sadri, Town Secretary, drew the council members attention to their handouts regarding: 1) The 1998-1999 budget meeting calendars 2) Final Finance Committees member applicants Cathy Morgas, P&Z Administrator, advised the council members that she had met with developers Page 3 Town Council Meeting June 16, 1998 regarding the construction of office buildings next to the Tetco Station, and they had discussed parking/construction drawings. They plan to build by August 1st. John Harbin, Vice -Pres. Beck Properties, Inc., presented a preliminary and Planned Development site plan for the 11.589 acres. Bill LeGrand, Director of Public Works, updated the Council on building activities. Donna Welsh, Town Manager, informed the Council that the first joint Budget Workshop between the Finance Committee and the Council members, will be held on July 21 st. Donna also reported that the revenue on building permits was 5100,000 per month for the past two (2) months. David Robison, Finance Committee Member, stated the major projects are the budget and five year plan. PRESENTATIONS BY COUNCIL. Council Member Brewster attended the Flower Mound EDC meeting along with TCEDC Vice - President, Terry Christlieb and Mayor Pro -Tem Marshall Engelbeck. The main problem for Flower Mound is that 90% of their revenue is from residential. They feel it is necessary to create a strong marketing program to entice industrial and retail growth to broaden their tax base. It was noted that they are similar to Trophy Club's development. TOWN COUNCIL TO CONSIDER A WAIVER TO FENCE ORDINANCE 97-27 AT THE REQUEST OF: A. Ken McKee 117 Creek Court Mr. Ken McKee, 117 Creek Court, presented his request to the Council. Council Members Brewster and Pratt, felt that the ordinance needed to be adhered to in order to be in compliance. Council Members Carr and McCabe, felt that he should be granted the variance. Mayor Carter also felt that the idea behind the ordinance is to make the town more attractive. Granting this variance is in keeping with the concept. Council Member Carr made the motion that the variance be granted; Council Member McCabe seconded. Council Members Carr and McCade were for with Council Members Brewster and Pratt against, Mayor Carter broke the tie by granting this variance. Fill • • . • , . • Page 4 Town Council Meeting June 16, 1998 Council Member McCabe moved to recess the Regular Session at 7:25 p.m. Council Member Pratt seconded; motion passed unanimously. TOWN COUNCIL TO CONVENE INTO A SECOND PUBLIC HEARING. TOWN COUNCIL TO OPEN PUBLIC HEARING. Council Member Carr moved to convene into the second public hearing at 7:25 p.m. Council Member Brewster seconded; the motion passed unanimously. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO THE FOLLOWING: A. TO ANNEX CERTAIN LAND (11.589 ACRES) INTO THE TOWN, FILED BY JOHN HARBIN, BECK PROPERTIES, INC. No citizens spoke. TOWN COUNCIL TO CLOSE THE PUBLIC HEARING AND/OR CONTINUE TO A DATE CERTAIN. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Council Member McCabe moved to reconvene the Regular Session at 7:27 p.m. Council Member Pratt seconded; the motion passed unanimously. REGULAR SESSION TOWN COUNCIL TO ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 93-07 (RELATING TO THE CONTROL OF ANIMALS) IN ITS ENTIRETY AND REPLACING SAME AS SET FORTH HEREIN -BELOW; PROVIDING FOR A FINE OF A SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Town Council had discussion on the extensive changes to the original ordinance. Cathy Morgas, P&Z Administrator, gave a brief overview of the differences, which included new definitions; police dogs are exempt while they are on duty; correcting the 2 sections with same #6; and fee schedules for animal control. Jim Carter, Mayor referred to P.44 Section IV - Impounding - 3 days holding for stray animals rather than registered. Mayor Carter also referred to P.47, and stated that City needed to be changed to Town. David Miller, Director DPS, explained SOP of locating animals. Council Member Pratt referred to P.43 - Animals at large being a nuisance; P.50 change dog to animals. Council Member Brewster asked how to apply in a practical way and if they can be prosecuted. Karen Sadri, Town Secretary, indicated there is a state law that owners of dangerous animals must carry insurance. Page 5 Town Council Meeting June 16, 1998 Gary Tomlin,8 Fresh Meadow, resident, mentioned the high percentage of pet owners in Trophy Club and suggested the discussion should be tabled until the public can review the difference between the old and revised ordinances. Donna Welsh, Town Manager, said there are more operating procedures than the former ordinance. It was agreed that this would be put on July 7th agenda. Council Member Carr moved that any further discussion be tabled; the motion was seconded by Council Member Brewster and passed unanimously. TOWN COUNCIL TO ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING THE UNIFORM BUILDING CODE, 1997 EDITION AND ALL APPENDICES THERETO; ADOPTING THE UNIFORM FIRE CODE, 1997 EDITION; ADOPTING THE UNIFORM MECHANICAL CODE, 1997 EDITION; ADOPTING THE UNIFORM PLUMBING CODE, 1997 EDITION; ADOPTING THE NATIONAL ELECTRICAL CODE, 1996 EDITION; PROVIDING A SAVINGS CLAUSE, BUT REPEALING ORDINANCE NO 95-24 RELATING TO THE ADOPTION OF EARLIER VERSIONS OF THE CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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. Bill LeGrand, Director of Public Works, explained that the version is updated every three years and they are all positive upgrades. The drawbacks are more intense for the builders, but he recommends the upgrades highly. In response to Council Member Brewster's request of examples of benefits, Director Bill LeGrand indicated that regarding the Plumbing Code, plumbing must now run below concrete not through the building; that fire restrictions have been tightened; NEC - reduced number of outlets per room, for greater safety. The motion to adopt was made by Council Member McCabe and seconded by Council Member Brewster; the motion was passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING FUNDING FOR NORTHEAST COMMUNITIES PARTNERSHIP, INC. (MAYOR CARTER). The correction was first made that it was the Northwest Communities Partnership, Inc. rather than the Northeast Communities Partnership, Inc. as originally stated. The Northwest Communities Partnership, Inc. is a mutual interest group of communities in NWISD. Two of the Partnerships goals are to lower taxes and improve roads from 35W and 114 west. Mayor Jim Carter explained about the four month old partnership and that he was in favor of funding $1000.00. Council Member Brewster made the motion for funding S1000.00. Council Member Pratt seconded. Page 6 Town Council Meeting June 16, 1998 Council Members Brewster and Pratt for and Council Members Carr and McCabe against; Mayor Carter was in favor and the motion was passed. Council Members McCabe and Carr were emphatically opposed until more documentation was provided. They want to be fiscally responsible to the residents. Donna Welsh, Town Manager, verified that the money would be from their budget year. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPOINTMENT OF MEMBERS TO THE CORPORATIONS, COMMISSIONS, AND COMMITTEES. Town Council discussed reappointing existing members of the Commissions and Committees. The Public Works Committee interviewed and recommended Mr. Kyle Duinick and Mr. Robert Tate to fill their vacancies. Council Member Carr motioned to accept the nominees and Council Member McCabe seconded; the motion was passed unanimously. Council Member McCabe expressed that the committees should select their own chairperson. David Miller, Director of DPS, explained that the Public Safety Committee had met and unanimously chose Cotton Moore to be their chairperson. Council Member Carr made the motion that Mr. Moore be accepted. Council Member McCabe seconded; the motion was passed unanimously. CONSENT AGENDA: ALL MATTERS LISTED UNDER AGENDA ITEM 23, CONSENT AGENDA, ARE CONSIDERED TO BE ROUTINE BY THE TOWN COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL NOT BE A SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. A. MINUTES OF 4/21/98 B. FINANCIAL STATEMENTS ENDING 5/31/98 Council Member McCabe moved to accept the Consent Agenda. Council Member Carr seconded; the motion passed unanimously. Council Members Brewster and Pratt abstained because they were not council members at that time. CLOSED -DOOR SESSION: TOWN COUNCIL TO CONDUCT A CLOSED -DOOR SESSION IN ACCORDANCE WITH CHAPTER 551, GOVERNMENTAL CODE, VERNON'S TEXAS CODES, ANNOTATED (OPEN MEETINGS LAW). SECTION 551.071 (PENDING OR CONTEMPLATED LITIGATION) TO RECEIVE LEGAL ADVICE AND 551.074 (PERSONNEL). The Town Council went into a closed door session at 8:05 p.m. REGARDINGA. DISCUSS LITIGATION OPER TIES, INC. The Town Council had a lengthy discussion regarding Oak Hill. Page 7 Town Council Meeting June 16, 1998 B. DISCUSS APPOINTMENTS FROM ALTERNATES TO REGULAR ZONING BOARD OF ADJUSTMENTS MEMBERS AND THE NEED FOR ALTERNATES TO THE ZBA. The Council discussed and reviewed the alternates. C. DISCUSS AN APPOINTMENT TO THE PLANNING & ZONING COMMISSION The Council had a short discussion. RECONVENE INTO OPENSESSION. TOWN COUNCIL TO TAKE APPROPRIATE ACTION REGARDING MATTERS DISCUSSED IN CLOSED DOOR SESSION, PURSUANT TO: The Council reconvened into Open Session at 8:27 p.m. A. LITIGATION REGARDING SERGIO SHEARER, ET AL v. HAWKEYE PROPERTIES, INC. No action taken. B. APPOINTMENTS TO ZBA AND THE NEED FOR ZBA ALTERNATES. Council Member McCabe motioned to appoint alternates Bettye Dayton, Stuart Herigodt, Roger Unger, and John Ward, to the regular Zoning Board of Adjustments members and search for four candidates to fill the Alternate vacancies. Council Member Brewster seconded; the motion passed unanimously. C. DISCUSS AN APPOINTMENT TO THE PLANNING & ZONING COMMISSION. Council Member Carr motioned to reappoint Roger Williams. Council Member Pratt seconded; motion passed unanimously. ADJOURN: Council Member Brewster moved to adjourn at 8:28 p.m. Council Member McCabe seconded; the motion passed unanimously. Town Secretary (Seal)