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Minutes TC 08/19/2013MINUTES FROM TOWN COUNCIL REGULAR MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 19, 2013 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, August 19, 2013. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTIES OF DENTONITARRANT § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Jeannette Tiffany Mayor Pro Tem Bill Rose Council Member, Place 1 Clint Schroeder Council Member, Place 3 Danny Mayer Council Member, Place 4 Greg Lamont Council Member, Place 5 TOWN COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Mike Slye Town Manager Amy Piukana Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Carolyn Huggins Community Development Director Adam Adams Parks and Recreation Director Mayor White announced the date of August 19, 2013, called the meeting to order and announced a quorum at 6:03 p.m. WORKSHOP SESSION 1. Blue Ribbon Panel overview and meeting with applicants; discussion of same. Mayor White provided a brief overview of the Blue Ribbon Panel, introducing Town Manager Mike Slye as the Board Liaison. Mayor White invited the applicants to introduce themselves and ask any questions regarding serving on the panel. Mayor White noted that the Town Council will appoint Panel Members at the September 3, 2013 Town Council Meeting. The following Blue Ribbon Panel Applicants addressed the Council: Bob Arnold, Lou Opipare, Wanda Franklin, Nicole Fontayne, Caroline Avery -Dahl, Mitchell Christoffer, James Como, Ajay Malhotra, Sandra Millett, Wesley Carlton, Ronald Bieker, Larry Hoover, Adam Broyles, Brenda Mahon, Jared King, Joe Hennig, Jim Hase, Wanda Franklin, Timothy Gamache, Brenda Crayne, Ronald Eddins, Darryl Howard, Gene Popik, Jeremy Lua, Patrick Arata Mayor White and the Council expressed gratitude to all applicants who applied for the Blue Ribbon Panel. 2. Discussion of Agenda Items posted for consideration on the Regular Session Council Agenda for the August 19, 2013 meeting. No action was taken on this item. 3. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the September 3, 2013 meeting. No action was taken on this item. Mayor White called a short break at 7:20 p.m. CONVENE INTO REGULAR SESSION — 7:25 P.M. INVOCATION - The invocation was offered by Police Chief Scott Kniffen. PLEDGES — The Pledge of Allegiance to the American and Texas Flags were led by Fire Chief Danny Thomas. CITIZEN 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 or discuss any presentations 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. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. The following resident(s) spoke under citizen presentations: Dena Boudreau - spoke regarding her interest in participating on the Blue Ribbon Panel. CONSENT AGENDA 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. August 19, 2013 Town Council Minutes Page 2 of 10 4. Consider and take appropriate action regarding the following minutes: - August 2, 2013, Special Town Council Budget Workshop Meeting - August 5, 2013, Regular Town Council Meeting - August 12, 2013, Special Called Town Council Meeting 5. Consider and take appropriate action regarding an Ordinance amending Subsection 7 of Section 2.02(B), "Speed of Vehicles" of Article ll, "Traffic and Vehicles" of Chapter 10, "Public Safety" of the Code of Ordinances of the Town to extend the length of an existing school zone on Trophy Club Drive, south of its intersection with Bobcat Boulevard and extending north on Trophy Club Drive; providing a penalty for violation not to exceed $200.00 for each offense; and providing an effective date. Motion made by Council Member Rose to approve Consent Item 4, as amended, and Consent Item 5, as presented. Motion seconded by Council Member Schroeder. Motion approved unanimously. PUBLIC HEARING 6. Conduct a Public Hearing to consider a Hazardous Mitigation Action Plan (HMAP). Town Manager Mike Slye introduced Katie Hogan with Freese and Nichols, Inc., who provided an overview and update regarding the HMAP process. There were no citizens present to speak for and/or against this item. 7. Conduct a Public Hearing regarding the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2013-2014 submitted to the Town Council by the CCPD Board. Police Chief Scott Kniffen addressed Council regarding this item. There were no citizens present to speak for and/or against this item. 8. Conduct a Public Hearing to consider the creation of tax increment Reinvestment Zone Number One, Town of Trophy Club, Texas, located within the boundaries of the Town on approximately 30.5 acres near the intersection of State Highway 114 and Trophy Wood Drive in the southeast corner of the Town of Trophy Club, Texas, and other matters related to the proposed Zone. Town Manager Mike Slye introduced David Pettit, with Bennett Benner and Pettit, who provided an overview of the TIRZ No. 1 proposal. There were no citizens present to speak for and/or against this item. August 19, 2013 Town Council Minutes Page 3 of 10 9. Conduct a Public Hearing regarding a request for a zoning change from "PD" Planned Development No. 26, Trophy Club Physician's Hospital, for a hospital use to "PD" Planned Development No. 33, Hillside Pointe, for single family residential use. Community Development Director Carolyn Huggins addressed the Council regarding this item. Developer Erin Kitchens and Home Builder Jim Monk were present to answer any questions. The following resident(s) addressed Council regarding the Public Hearing: Larry Hoover — spoke in opposition; had concerns regarding loss of tax revenue with the rezoning, landscape buffer issues, and slope and drainage concerns. Greg George — spoke in support, however; asked that lot sizes be increased, urged Council to enforce no structures be built within 10 feet of the adjacent residential property lines and asked that any possible drainage issues be addressed. Jim Pearson — spoke in opposition; had concerns regarding privacy and the types of use for property located adjacent to a residential property. Mayor White called a short break. REGULAR SESSION Council skipped to Item No. 11. 11. Consider and take appropriate action regarding an Ordinance of the Town designating a certain contiguous geographic area in the Town as "Reinvestment Zone Number One, Town of Trophy Club, Texas; creating a Board of Directors for the Zone; providing effective and termination dates for the Zone; establishing a Tax Increment Fund for the Zone; containing other matters related to the Zone; and providing an effective date. Motion made by Council Member Rose to approve an Ordinance of the Town designating a certain contiguous geographic area in the Town as Reinvestment Zone Number One, Town of Trophy Club, Texas; creating a Board of Directors for the Zone; providing effective and termination dates for the Zone; establishing a Tax Increment Fund for the Zone; containing other matters related to the Zone; and providing an effective date. Motion seconded by Council Member Schroeder. Motion approved unanimously. August 19, 2013 Town Council Minutes Page 4 of 10 12. Consider and take appropriate action regarding Ordinance 2013-21 PZ amending the Town's Comprehensive Zoning Ordinance and the Town's Official Zoning Map by changing the zoning on a 5.596 acre tract of land located generally along Trophy Wood Drive to the south of Hanna Ct. from its current zoning of "PD" Planned Development No. 26 for a hospital use to "PD" Planned Development No. 33 for single family residential use, providing a penalty not to exceed $2,000 for each violation; providing for publication; and providing an effective date. Motion made by Council Member Mayer to approve Ordinance 2013-21 PZ amending the Town's Comprehensive Zoning Ordinance and the Town's Official Zoning Map by changing the zoning on a 5.596 acre tract of land located generally along Trophy Wood Drive to the south of Hanna Ct. from its current zoning of "PD" Planned Development No. 26 for hospital use to "PD" Planned Development No. 33 for single family residential use, providing a penalty not to exceed $2,000 for each violation; providing for publication; and providing an effective date. Motion seconded by Council Member Rose. The following resident(s) addressed Council regarding this item: Larry Hoover - spoke in opposition; had concerns regarding landscape buffer issues, slope and possible drainage issues. Jim Pearson - spoke in opposition; had concerns with the property use and felt it could negatively impact the adjacent residential properties. Mr. Pearson asked that the lot sizes be increased and trees be saved. Motion made by Council Member Rose to amend and remove under Item (3) the wording, "Limitation of uses. Any use not expressly permitted herein is prohibited." Motion seconded by Council Member Tiffany. Motion failed by vote of 2-4, Mayor Pro Tem Tiffany, Council Member Schroeder, Council Member Mayer, Council Member Lamont voting against. Motion made by Council Member Rose to amend the wording under Item (8) "Depth of rear yard, feet" to read, "There shall be rear yard having a depth of not less than fifteen (15) feet measured from the dwelling to the rear property line." Motion seconded by Council Member Schroeder. Motion to amend made by Council Member Mayer that setbacks for Lots 5-16 be amended to ten (10) feet and all others remain as submitted. Motion seconded by Mayor Pro Tem Tiffany. Motion approved by vote of 4-2, Council Member Rose and Council Member Lamont voting against. August 19, 2013 Town Council Minutes Page 5 of 10 Motion made by Council Member Rose to amend Item C.(2) to read, "All garages must have a minimum two (2) foot offset between the front elevation of the house and garage, and all garage doors must be stained cedar." Motion seconded by Council Member Lamont. Motion to withdraw the amendment made by Council Member Rose. Motion to withdraw the second made by Council Member Lamont. Motion made by Council Member Rose to amend Item C.(2) to add, "all garages must have a minimum two (2) foot offset between the front elevation of house and garage." Motion seconded by Council Member Mayer. Motion approved unanimously. Motion made by Council Member Rose to amend Item D.(1) to read, "The exterior surface on all main and accessory buildings shall be constructed of one hundred percent (100%) natural or manufactured stone, brick, or stucco." Motion seconded by Council Member Lamont. Motion approved unanimously. Motion made by Council Member Rose to amend Item D.(1) to read, "The exterior surface masonry requirement shall exclude doors, windows, and porches." Motion seconded by Council Member Lamont. Motion approved unanimously. Motion made by Council Member Rose to amend Item D.(2) to exclude the word "Spanish tile" and replace with the wording "concrete tile." Motion dies from lack of second. Motion made by Council Member Rose to amend Item D.(2) to remove the word, "material" at the end of the sentence. Motion seconded by Mayor Pro Tem Tiffany. Motion approved unanimously. Motion made by Council Member Rose to amend and add an Item D.(6) to read, "Covered front porches in an area of at least sixty (60) ft. shall be covered by the main roof or architectural extension." Motion died for lack of a second. Council Member Mayer made a motion to call for the question. Motion seconded by Mayor Pro Tem Tiffany. Council Member Mayer made a motion to withdraw his call for the question. Mayor Pro Tem Tiffany made a motion to withdraw her second. Motion made by Council Member Rose to add D(6), "Elevations: single family house plans shall vary from lot to lot as follows: (a.) The same floor plan with the same elevation shall be separated by four (4) lots between them on the same side of the street and by a minimum of two (2) lots between them on the opposite side of the street with no two elevations located on an adjacent lot directly to the rear. (b.) The same floor plan with a different elevation shall be separated by a minimum of one (1) lot on the same side and on the opposite side of the street." August 19, 2013 Town Council Minutes Page 6 of 10 Motion made by Council Member Rose to amend above wording, "separated by four (4) lots to three (3) lots." Motion seconded by Council Member Schroeder. Motion approved unanimously. Motion made by Council Member Rose to add, "Gifts to the Street: All buildings shall utilize at least three (3) of the following design features to provide visual relief along the front of the residence: architectural garage doors, architectural pillars or posts, bay window, brick chimney on an exterior wall, cast stone accents, covered front porches, cupolas or turrets, dormers, gables, metal roof accents, multiple types of exterior accents, recessed entries a minimum of three feet deep, 8/12 primary roof pitch, separate transom windows, variable roof pitch and shutters. (3.) In addition to those above, exposed aggregate driveway, 10/12 pitch roof, masonry arches, two carriage lights on the front of the home, divided light windows." Motion died for lack of a second. Council Member Mayer made a motion to call for the question. Motion seconded by Mayor Pro Tem Tiffany. Motion approved by vote of 4-2, Mayor White and Council Member Rose voting against. Vote on primary motion failed. Mayor White, Mayor Pro Tem Tiffany and Council Member Mayer in favor; Council Members Rose, Schroeder, and Lamont opposed. Council Member Bill Rose moved to reconsider the prior motion. Motion seconded by Council Member Mayer. Motion made by Council Member Rose to amend Item 4(b.) the motion to read, "All fencing adjacent to the commercial property to the south and adjacent to the water tower property shall be eight (8) feet in height and shall be of masonry brick or stone material. In this instance, parallel fencing shall be allowed." Motion seconded by Council Member Mayer. The following resident(s) addressed Council regarding this item: Larry Hoover - spoke in opposition of parallel fencing, citing possible health issues. Motion failed by vote of 3-3, Mayor Pro Tem Tiffany, Council Member Lamont, and Council Member Schroeder voting against. Motion made by Council Member Rose to remove Item G(4d.) titled "Fencing adjacent to existing lots." Motion seconded by Mayor Pro Tem Tiffany. Motion approved unanimously. August 19, 2013 Town Council Minutes Page 7 of 10 Motion made by Council Member Rose to remove the last sentence in Item (H). "Existing trees may be pruned and underbrush cleaned, but no landscaping other than sod or ground covering shall be permitted under the tree canopy and no irrigation may be installed." Motion seconded by Council Member Mayer. Motion approved unanimously. Motion made by Council Member Rose to remove Item (K) and reorder section appropriately. Motion seconded by Council Member Mayer. Motion approved unanimously. Motion made by Council Member Rose to approve the entire motion with all amendments. Motion seconded by Council Member Mayer. Motion approved by vote of 4-2, Council Member Schroeder and Council Member Lamont voting against. 13. Discuss and provide direction regarding development fees, Community Pool fees, Trophy Club Park fees, animal registration fees and other miscellaneous fees as set forth in the Town's Schedule of Fees. Parks and Recreation Director Adam Adams addressed the Council regarding proposed Park fees and presented a comparison spreadsheet of proposed amendments. Council Member Schroeder recommended staff reach out to residents and obtain feedback regarding the proposed fee changes. Police Chief Scott Kniffen addressed the Council regarding a proposed annual Animal Registration fee and a Concealed Handgun License fee. Community Development Director Carolyn Huggins briefed Council regarding the proposed adoption of the ICC International Building Code of valuation and fees. There was no action taken regarding this item, discussion only. Council skipped to Item No. 10. 10.Update and discussion regarding Section 551.006 of the Texas Government Code "Written Electronic Communications Accessible to Public" (effective September 1, 2013); consider and provide direction to staff regarding same. Motion made by Council Member Schroeder to table this item until the September 3, 2013 Council Meeting. Motion seconded by Council Member Mayer. Motion approved unanimously. 14. Consider and take appropriate action regarding the approval of the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2013-2014 submitted to the Town Council by the CCPD Board. August 19, 2013 Town Council Minutes Page 8 of 10 Motion made by Council Member Schroeder to approve the Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2013-2014 submitted to the Town Council by the CCPD Board. Motion seconded by Council Member Tiffany. Motion approved unanimously. 15. Consider and take appropriate action regarding June and July 2013 monthly financial reports. Town Manager Mike Slye briefed Council regarding this item. Motion made by Council Member Rose to approve the June and July 2013 monthly financial reports. Motion seconded by Council Member Mayer. Motion approved unanimously. 16. Town Council Liaison Updates; discussion of same: - August 12, 2013 Joint Town Council and EDC 4B Meeting; Council Member Mayer - August 13, 2013 Parks and Recreation Board Meeting; Council Member Schroeder Council Member Mayer and Council Member Schroeder provided an update regarding the above items. 17. Town Manager Mike Slye's update regarding the following; discussion of same. - Indian Creek Project Update- Obtained two (2) of the four (4) easements necessary to complete the project. Currently, hiring an independent appraiser. - Feasibility Study Update- GSBS will provide a presentation at the September 9th Town Council Meeting. 18. Mayor and Council updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Metro Chamber Luncheon - Tarrant County Commissioner's Court - Northwest Partners - NCTCOG Emergency Preparedness Planning Council Meeting (EPPC) Mayor White provided updates regarding these items. 19. Items for Future Agendas. No action was taken on this item. EXECUTIVE SESSION Council recessed into Executive Session at 12:25 p.m. August 19, 2013 Town Council Minutes Page 9 of 10 20. Pursuant to Texas Government Code Section 551.074(a)(1) "Personnel Matters", the Town Council will convene into closed executive session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Town Secretary, Amy Piukana RECONVENE INTO REGULAR SESSION 21. Consider and take appropriate action regarding the Executive Session. Motion made by Council Member Mayer to direct the Town Manager to execute the agreement as a result of executive session. Motion seconded by Council Member Schroeder. Motion approved unanimously. ADJOURN Motion made by Council Member Schroeder to adjourn. Motion seconded by Council Member Mayer. Motion approved unanimously. The meeting adjourned at 12:34 a.m. Attest: Signed: 7/ mz,�J wza Tali Ard w on Secretary Connie White, Mayor To of Trophy Club, Texas Town of Trophy Club, Texas August 19, 2013 Town Council Minutes Page 10 of 10