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Minutes TC 01/21/2008MINUTES OF PUBLIC HEARING/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 21, 2008 7:00 P.M. STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, January 21, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Susan Edstrom Pam Cates Jim Moss Philip Sterling Kathleen Wilson STAFF AND GUEST(S) PRESENT: Brandon Emmons Stephen Seidel Lisa Ramsey Patricia Adams Danny Thomas Mike Pastor Carolyn Huggins Scott Kniffen Sakura Moten-Dedrick Mayor (arrived at 8:30 p.m.) Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Assistant Town Manager Town Secretary Town Attorney Fire Chief IS Director Planning Coordinator Police Chief Finance Director A.1 Mayor Pro Tem Edstrom called the Regular Session to order at 7:00 p.m. noting a quorum was present. Edstrom announced that Mayor Sanders would be late. A.2 Invocation given by Police Chief Scott Kniffen. A.3 Pledges led by Fire Chief Danny Thomas. A.4 Citizen presentations: Sam Mooney, 535 Country Club Rd. Argyle, TX 76226 — Requested Council's support for his candidacy for County Constable Precinct 4 for Denton County. Mayor Pro Tem Edstrom asked for a motion to remove Item B.9 from the Consent Agenda as she was absent from this meeting. Motion made by Cates, seconded by Moss to remove Item B.9. Motion passed unanimously without any discussion. Motion made by Sterling, seconded by Cates to approve Consent Agenda, Items B.1 — B.B. Motion passed unanimously without any discussion. All matters listed as 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. B.1 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's Agreement for an 13.559 acre tract of land known as The Highlands at Trophy Club Neighborhood 1, Phase 1-C1. B.2 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's Agreement for an 28.144 acre tract of land known as The Highlands at Trophy Club Neighborhood 1, Phase 1-C2. B.3 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's Agreement for an 3.585 acre tract of land known as The Highlands at Trophy Club Neighborhood 2, Phase 1A. B.4 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's Agreement for an 39.810 acre tract of land known as The Highlands at Trophy Club Neighborhood 2, Phase 1 B. B.5 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's Agreement for an 11.788 acre tract of land known as The Highlands at Trophy Club Neighborhood 5, Phase 1 D-1. B.6 Consent Agenda: Discuss and take appropriate action regarding approval of the Subdivider's Agreement for an 14.523 acre tract of land known as The Highlands at Trophy Club Neighborhood 5, Phase 1 D-2. B.7 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. November 2007 B.8 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, October 1, 2007. B.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, October 15, 2007. Motion made by Cates, seconded by Moss to approve Item B.9. Motion passed unanimously without any discussion. End of Consent TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING PUBLIC HEARING Public Hearing opened at 7:05 p.m. C.1 Public Hearing to Consider a Replat for Lots 6R and 7R, Block 1, The Knoll. Applicant: Harrell Custom Homes, Inc. (RP -07-012) No speakers addressed Council. C.2 Public Hearing to Review Value Place Hotel East Elevation Signage. Value Place representative, Roger Unger was is attendance. The following submitted letters in opposition to the current signage: Ken and Trish Kellough, 101 Skyline Drive Shirley Forgan, 1 Hanna Court Joshua Hodgett, 1 Hanna Court Jim Pearson, 20 Hanna Court Maryann Michaelson, 319 Inverness Drive — Called and expressed her opposition. The following spoke in opposition to the current signage and requested Council to ask Value Place to remove signage: Bob Martin, 21 Jamie Court Charlie Harrell, 20 Jamie Court Karen Martin, 20 Jamie Court Mark Collins, 13 Jamie Court Daniela Rickey, 12 Jamie Court Rick Gilliland, 211 Phoenix Drive Jan Sutton, 3 Jamie Court Planning and Zoning Chairman, Gene Hill, provided a brief history on the Value Place Hotel East Elevation Signage. Chairman Hill stated on February 26, 2007 the owner of the hotel requested a revision to the rear elevation of the hotel and the east wall signage. The change was administratively approved by staff. During the 4th quarter of 2007, Town Council requested the Planning and Zoning Commission review the east elevation signage of the hotel and make a recommendation to the Town Council. On January 3, 2008 the Planning and Zoning Commission held a Public Hearing and discussion of the signage as directed. The Commission's recommendation to the Town Council, by a vote of 4:1 (2 absent), is for approval of the Value Place east elevation sign. Public Hearing closed at 7:19 p.m TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION D.1 Discuss and take appropriate action relative to a request for Replat of Lots 6R and 7R, Block 1, The Knoll. Applicant: Harrell Custom Homes, Inc. (RP -07-012) Bobby Harrell from Harrell Custom Homes was in attendance. Planning and Zoning Coordinator, Carolynn Huggins, reported the Commission had very little discussion regarding this replat and approved unanimously. Motion made by Moss; seconded by Wilson to approve. Motion passed unanimously without further discussion. Council member Wilson requested Item EA and E.2 be moved up. Mayor Pro Tem Edstrom advised that the Mayor wanted to be present for the discussion and was expected at 8:00 P.M. D.2 Discuss, review and provide input and direction regarding draft Stormwater Management Plan. Council member Wilson asked if Town Manager Emmons had contacted or responded to Ryan Chitwood questions. Emmons has not contacted him specifically but provided an update on actions taken this far. Town Manager Emmons sought Council's input and direction regarding the Plan, which needs to be approved at Council's next meeting date, February 4, 2008 for a timely filing date of February 11, 2008. The Plan was posted on the Town's website on December 14, 2007 for public review and input and a Town Hall meeting was held on Tuesday, January 15, 2008. No action, input only. D.3 Discuss and take appropriate action to appoint five to nine members to serve on a Charter Review Commission. Motion made by Cates, seconded by Wilson to refer to extend the application deadline to January 28, 2008 and appoint at the February 4th, 2008 meeting. Council requested the extension be posted to the marquees and website Motion passed unanimously without further discussion. D.4 Discuss and take appropriate action regarding an Ordinance amending Chapter 1, entitled "Administration" of the Code of Ordinances, enacting Section 8.03 DD, entitled "Community Development Department, Expired Permit Reissuance Fees." Town Manager Emmons advised the Town's current fee schedule does not allow for issuance of expired permit fees. In accordance to Town Ordinance 2003-24, Permit Reissuance Fees are necessary for compliance with the International Building Code. Motion made by Moss; seconded by Wilson to approve Permit Reissuance Fees with staff's recommendation of 50% of the original permit fee. Motion passed unanimously without any discussion. D.5 Discuss and take appropriate action regarding current situation surrounding access to Beck Park and the parking lot adjacent to Harmony Park. Mayor Pro Edstrom advised the lease on Beck Park expired in March and Beck has asked the Sports Association to vacate the property. Town Manager Emmons has been in negotiation discussions with the Beck's, who have informed the Town they would be putting it up for sale. Emmons said the Beck's would consider renewing the lease if the Town would reconsider the Ordinance on billboard advertisement. Other available options would be to develop these facilities elsewhere or the Town could make an offer to purchase the land, also there are events occurring with the Sports Association, which may offer other options. Council member Cates spoke in favor of developing and rebuilding elsewhere considering Beck still owes the Town. Council member Moss feels the Task Force should address this issue and confirmed the meeting schedule. Council member Wilson is not ready to give up and asked if Beck was amenable to one billboard and if this is something we want to discuss. Mayor Pro Tem Edstrom and Council members Cates and Sterling are not, especially considering the audience participation regarding Value Place signage. Edstrom understand that the billboards would not be used for Beck Properties but as advertisement which would generate revenue for the Becks. Mayor Pro Tem Edstrom feels a meeting needs to be set up with Jeff Beck and staff needs to pursue other areas as the current land is in a flood plain. Council member Cates requested Town Attorney Adams be present at the meeting in order to have the documents signed immediately. Council member Wilson requested a representative from the Sports Association also be included in this meeting. The following submitted letters requesting the Town Council not approve any reductions to the sports and recreation facilities available in the Town of Trophy Club: Roger Borer, 312 Indian Creek Ramses Pulido, 22 Avalon Drive Adriana Villalobos, 57 Sonora Drive Blanca Barros, 17 Durango Drive Leesa Hindman, 248 Hilltop Dr., Justin, TX 76247 Dave Jahn, 1 Gentry Court, Personally addressed Council and asked that they not approve any reductions to the sports and recreation facilities available in the Town of Trophy Club. No action taken, input only. D.6 Discuss and take appropriate action regarding the approval for financing of new police equipment. On January 7, 2008, Town Council approved the expenditure of the following items: In -car Video replacement in the amount of $25,152, Installation - $2,100 and Software - $1,200. Cal First advised the two police vehicles costing $40,740 will have annual payments of $14,192.66 and the Video and related items totaling $42,657 will have annual payments of $14,860.49. The interest rate on both loans will be 3.740% amortized over three years and also three payments. Motion made by Cates; seconded by Moss to fund through a three year note at 3.7% APR. Town Attorney Adams provided the financing will need to be approved in an Ordinance and suggested the Ordinance come back for ratification on February 0, 2008. Motion passed unanimously without further discussion. D.7 Discuss and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or his designee to execute necessary documents. Town Manager introduced this as an annual agreement, renewing for the third year. Emmons feels the DPS offers a good presence in the Town. Motion made by Wilson, seconded by Moss to approve. Motion passed unanimously without any discussion. D.8 Discuss and take appropriate action authorizing the Town Manager to enter into a contract with the Elim Group for training purposes. As per Council's direction on December 17, 2007, Town Manager Emmons reported receipt of seven proposals for Employee Training Services. Emmons spoke to Mike Conduff from The Elim Group, checked their references and feels they are best suited to meet the Town's training needs. Since this would be an unbudgeted expenditure, it is being brought forth for Council's consideration. Council member Sterling questioned how this training differs from the current self -guided employee training and opposed spending this kind of money prior to seeing how the free training works. Council member Wilson agreed with Sterling and would like to review the attendance of this mandatory training for of all employees including managers. Mayor Pro Tem Edstrom and Council members Cates and Moss agreed. Council would like to wait and see if the current training is effective and then readdress in March and hone in on the needs at that time. No action taken. D.9 Discuss and take appropriate action to approve Minutes dated, September 24, 2007. Motion made by Wilson; seconded by Cates to approve. Motion passed 4:0:1, with Moss abstaining. DA 0 Discuss and take appropriate action to approve Minutes dated, November 30, 2007. Motion made by Cates; seconded by Wilson to approve. Motion passed 4:0:1, with Sterling abstaining. DA 1 Discuss and take appropriate action to approve Minutes dated, December 13, 2007. Motion made by Wilson; seconded by Moss. Motion passed 4:0:1, with Sterling abstaining. D.12 Discuss and receive input regarding the process selecting the Citizen of the Year. Mayor Pro Tem Edstrom advised item is for input only. Historically, as not to polarize this into a political move, Council has never taken action regarding this recognition. Rather than changing the process this far in the process, she would like to continue with the current practice. Council member Cates said things change all the time and questioned if the other deciding groups were not politically motivated. Cates would like criteria established and a more formal decision process and suggested the citizens be allowed to vote for the nominees. Council member Sterling feels the nomination process allowed for public input. Council member Wilson agrees with Cates and that the process needs to be more policed, and with Edstrom that it is too late to change this year. Mayor Pro Tem Edstrom said she would like the process addressed and will add as an Item for Future Agenda under Item D.15. Council member Moss questioned the current process. Mayor Pro Tem Edstrom said the nomination forms are reviewed by the past Citizen of the Year recipients and then one is chosen. Input Only D.13 Discuss and provide input regarding a potential amendment to Chapter X, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club to enact Article XIV, regulating the use of mobile phones and entitled "Use of Hand -Held Mobile Telephones Prohibited In School Zones", Mayor Pro Tem Edstrom introduced the item for discussion and input only. Since other cities have approved Ordinances regarding this issue she asked for the Police Chief and Public Safety Advisory Group to review and make a recommendation to the Town Council. Speakers: Rick Gilliand, 211 Phoenix, suggested the Police Department first start enforcing the speed limit in these areas. Bob Redder, 1 Lee Court, informed the Council that the entire Nation's Capital is hands free and feels the Town can enforce hands free in school zones. Council member Cates questioned the enforceability. Police Chief Kniffen responded the department would have a video proving they were on a phone at the time pulled over. If Council desired to approve an Ordinance, Kniffen would prefer to wait until after spring break in order to ensure proper publication and resident notification. Council member Moss is in favor of an enhancement Ordinance which would cover the issue adequately. Council member Sterling salutes this as a noble cause to promote safety in school zones, and feels it will not promote the safety we anticipate. Sterling suggested the Town look at the speed enforcement Council asked that the Public Safety Advisory Group review and come back to the Council with their recommendation on necessity. Input only, no action taken. Council recessed for 5 -minutes at 8:30 p.m. D.14 Discuss and take appropriate action directing the Planning and Zoning Commission to conduct a land use study for all commercially zoned properties. Town Manager Emmons said in light of current discussions regarding the undeveloped property, this item was added to the Agenda. If Council wished to pursue, this would apply strictly to commercial property and if an update was made, Planning and Zoning would first conduct a Public Hearing and then make a recommendation to Council Motion made by Moss, seconded by Edstrom directing Town Manager and staff to work with the Planning and Zoning Commission to conduct a land use study on all commercially zoned properties. Council member Wilson said the current plan solely promotes the residential character of the Town and suggested Council instruct Town Manager Emmons and the Planning and Zoning Commission whether to accept the current plan as the precedent or if there needs to be a change. Council member Sterling would like to use the current plan as a template, but does not want to rubber stamp it; suggesting a cleaning slate. Mayor Sanders would like to know the options considering all the changes since 1997. Council member Cates confirmed any revisions would be on property going forward and that the developer has the right to develop his original plans and the existing PD. Mayor Sanders said in attempt to protect the citizens on Jamie Court, this would explore what is currently allowed in the commercially zoned land. Council member Moss said timing is important and would like the Planning and Zoning Commission to address in a rapid manner. Mayor Pro Tem Edstrom requested as a secondary measure to address and update the parks. Council member Wilson realizes the Town needs to continue building and said a lot of work went into the 1997 plan and does want it scrapped. Page 30 of the Plan represents the commercial usages, Wilson questioned if those goals have changed. Council member Cates said page 30 represents low intensity retail. In order to enhance tax income, the Town conducted the Buxton Study and now is changing direction. The following spoke in favor of the study: Adrienne Wyatt, 217 Pebble Beach Bob Martin, 21 Jamie Court Charles Harrell, 20 Jamie Court Karin Martin, 21 Jamie Court Mark Collins, 13 Jamie Court Daniela Rickey, 12 Jamie Court Kate Dertinger, 38 Panorama Circle Barbara Collins, 13 Jamie Court Dave Jahn, 1 Gentry Court Dave Glaser, 15 Overhill Drive Mayor Sanders concluded Public Hearings would be necessary in order to change the Comprehensive Land Use Plan and citizen input would be allowed during those hearings. The Town is considering the concerns of the citizens and the rights of the developer regarding their zoned property. Council requested Town Manager Emmons provide an outline of the process to disseminate to the public. Motion passed unanimously without further discussion. Council addressed Items E.1 — E.3 prior to Item DA 5. D.15 Items for Future Agenda. Mayor Pro Tem Edstrom requested an item be added to review the Citizen of the Year guidelines, criteria and voting process. Town Manager Emmons was directed by Council member Wilson to schedule a workshop with Roanoke and Westlake to discuss joint venture projects for library and park plans. Council member Wilson requested an item researching the traffic issue at Trophy Wood Drive and Inverness; and the possibility of funneling the two lanes into one. D.16 Reports. (a) EDC 4B Liaison, Council member Sterling gave his report. (b) Town Manager Emmons gave his report. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION Executive Session Convened at 9:32 p.m. E.1 Council to convene into executive session for Consultation with the Town Attorney on a matter in which the duty of the attorney to the governmental body Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (1) Legal Advice relative to Value Place Signage Regular Session reconvened at 9:58 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION 'REGULAR SESSION E.2 Discuss and Take Appropriate Action on Review of Value Place Hotel East Elevation Signage. Mayor Sanders apologized for not being able to attend the Public Hearing earlier. Motion made by Edstrom; seconded by Moss denying the recommendation of the Planning and Zoning Commission. Council member Wilson supports denying the recommendation considering it did not have the appropriate review. Randy Rutledge, 5 Jamie Court, told the Council that while they cannot right a wrong, they have an opportunity to go forward and thanked them for their public services. Mark Collins, 13 Jamie Court, supports Mr. Rutledge's comments. Roger Unger, 102 Carnoustie, as a resident since 1978 and a representative for Value Place, said this sign was approved and permitted; substantial funds were spent to implement. Unger reaffirmed they are willing to work with the Council to make this sign less objectionable. Motion passed unanimously without further discussion. E.3 Discuss and take appropriate action relative to Executive Session Item Number E1. Action taken under E.2. F.1 Adjourn. Motion made by Edstrom, seconded by Cates to adjourn. Meeting adjourned at 10:20 p.m. -'Lisa Ram§ey, town Secretary Town of Trophy Club, Texas Nick Sanders, Mayor Town of Trophy Club, Texas