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Minutes P&Z 05/16/2005 - Joint Public HearingMINUTES OF JOINT PUBLIC HEARING WITH PLANNING &ZONING COMMISSION AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS Monday,May 16,2005 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club,Texas,met in Joint Public Hearing with Planning & Zoning Commission and Regular Session on Monday,May 16,2005.The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Susan Edstrom Roger Williams Beverly Foley Pam Cates Mayor Elect Council Member Council Member Council Member Council Member TOWN COUNCIL MEMBERS ABSENT: Scott Smith Scott Spence Mayor Mayor Pro Tern STAFF AND GUEST(S)PRESENT: Donna Welsh Lisa Ramsey Roger Unger Beth Ann Gregory Patricia Adams Mike Pastor Adam Adams Randy Briggs Kerin Fleck Gene Hill James Stephens Bill Bradley Clayton Reed Dennis Sheridan Jim Moss John Rodgers Town Manager Interim Town Secretary Finance Director Community Development Manager Town Attorney IS Manager Parks and Recreation Director Police and Fire Services Director Planning and Zoning Coordinator Planning and Zoning Chairman Planning and Zoning Vice-Chairman Planning and Zoning Commissioner Planning and Zoning Commissioner Planning and Zoning Commissioner Planning and Zoning Commissioner Planning and Zoning Commissioner Both Mayor Smith and Mayor Pro Tern Spence were absent.Council Member Cates made the motion for Council Member Edstrom to chair the meeting until Mayor Elect Sander was sworn in;Council Member Foley seconded the motion.Motion passed unanimously. A.I Call to order and announce a quorum. Council Member Edstrom called the Joint Public Hearing -P&Z/Regular Session to order at 7:03 p.m.noting a quorum was present. A.2 Invocation. Chief Briggs gave the invocation. Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag,I pledge allegiance to thee,Texas one and indivisible." Alyssa Edstrom led the pledges. A.3 *REGULAR SESSION 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. Roger Reach,18 Timberline Dr.,Trophy Club,TX Steven Kohs,18 Overhill Dr.,Trophy Club,TX Pauline Twomey,203 Oakmont,Trophy Club,TX B.1 B.2 Discuss and take appropriate action regarding an ordinance canvassing the May 7,2005 election. Council member Foley made the motion to approve;Council Member Williams seconded the motion.Motion to canvass the May 7,2005 election carried unanimously. Oath of Office to be administered by Municipal Court Judge,Mark Chambers and Presentation of Certificate of Election to the Incoming Mayor and Council Members. Mayor Elect,Nick Sanders and Town Council incumbent,Roger Williams were sworn into office and presented with a Certificate of Election by Municipal Court,Judge Mark Chambers. B.3 BREAK (5 MINUTES) B.4 Opening remarks by Mayor Sanders. Mayor Sanders began his opening remarks by thanking all the residents who took time to vote.He encouraged the Council,staff and residents to live with a purpose and to teach the children of today,by example,to get involved in acts of the community.Mayor Sanders stated,"Today is a new day,a new beginning." He called for a commitment from the Council,staff and citizens to move from their current attitudes about each other,their current desires and dreams for the Town towards new attitudes and new dreams.Ones tempered with such attributes as respect for each other,dignity,honesty,professionalism and above all integrity.Mayor Sanders challenged the Council,staff and citizens to seize this opportunity for a new beginning and to wipe the slate clean.He continued by saying that no longer will we be known by the faction that we supported,but as citizens and individuals of one purpose;which is the betterment of the Town and its citizens.Mayor Sanders reminded them that it is human to have opinions that differ from others,but requested that the Council,staff and citizens be conscious of the way in which they speak to one another,that they speak in the affirmative rather than in the negative.Mayor Sanders ended by quoting the late Peter Marshall,"The measure of life after all is not its duration,but its donation.Life is rooted in the choices that we make."Mayor Sanders stated,"I choose this day to serve the citizens.I choose to serve with the highest integrity possible and the highest degree of honesty." Chief Briggs to present Officer Keith Burris and Fire Lieutenant Gene Bates employee recognition awards. Chief Briggs recognized Patty Daniels and Tara Brown,First Financial Bank,who were able to assist law enforcement in the apprehension of dangerous felons attempting to pass a forged check. B.5 Chief Briggs acknowledged Officer Keith Burris with an Employee Commendation for his actions in preventing a violent felon from escaping justice while off duty and traveling with his wife and son. Chief Briggs,Captain Thomas and Mr.Johnny Brown presented Fire Lieutenant Gene Bates with the Life Saving Award.While attending church,Lt.Bates witnessed Mr.Brown go into cardiac arrest.Lt.Bates started CPR and was able to resuscitate Mr.Brown before Grapevine Fire Department arrived.Mr.Brown thanked Lt.Bates for saving his life. C.!Planning and Zoning Commission call to order announce a quorum. Chairman Gene Hill announced a quorum present and called the meeting to order at 7:35 p.m. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING PUBLIC HEARING Joint Public Hearing -Planning &Zoning and Town Council to conduct a Joint Public Hearing relative to the following: Commissioner Clayton Reed made a motion to open the Joint Public Hearing;Commissioner Dennis Sheridan seconded the motion,motion carried unanimously.Council Member Williams made a motion to open the Joint Public Hearing;Council Member Edstrom seconded the motion,motion carried unanimously. C.2 An application from Beck Properties Trophy Club,L.P.for a zone change from R-15 Single Family Residential to R-12 Single Family Residential,for an 11.05 acre tract in the M.Medlin Survey,Abstract No.832 to be know as Eagles Ridge Phase II,located generally to the north of Clear Vista Drive and Panorama Circle.(ZAC-05-006) The following residents addressed the Planning and Zoning Commission and the Town Council: George Roberson,306 Skyline Keith Allen,2 Shields Ct. Steve Brewster,308 Skyline C.3 Planning and Zoning Commission and Town Council to close Joint Public Hearing and conduct a Joint Session. Commissioner James Stevens made a motion to close the Joint Public Hearing and open the Joint Session; Commissioner Jim Moss seconded the motion,motion carried unanimously.Council Member Edstrom made a motion to close the Joint Public Hearing and open the Joint Session:Council Member Cates seconded the motion,motion carried unanimously. C.4 Planning &Zoning Commission to discuss and take appropriate action regarding a recommendation to the Town Council relative to the following: An application from Beck Properties Trophy Club,L.P.for a zone change from R-15 Single Family Residential to R-12 Single Family Residential,for an 11.05 acre tract in the M.Medlin Survey,Abstract No.832 to be know as Eagles Ridge Phase II,located generally to the north of Clear Vista Drive and Panorama Circle.(ZAC-05-006) Commissioner Clayton Reed made a motion for recommendation to Council;Commissioner James Stephens seconded,motion carried unanimously. Recommendation to approve the zone change passed 5-2,with Commissioner Sheridan and Bradley opposing the zone change. C.5 Planning &Zoning Commission and Town Council to close Joint Session. Commissioner Dennis Sheridan made a motion to close the Joint Session;Commissioner Clayton Reed seconded the motion,motion carried unanimously Town Council reconvened into Regular Session at 8:26 P.M. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION Discuss and take appropriate action regarding: An application from Beck Properties Trophy Club,L.P.for a zone change from R-15 Single Family Residential to R-12 Single Family Residential,for an 11.05 acre tract in the M.Medlin Survey, Abstract No.832 to be know as Eagles Ridge Phase II,located generally to the north of Clear Vista Drive and Panorama Circle.(ZAC-05-006) Council Member Williams made to accept the Planning &Zoning Commissions recommendation to approve to approve the zone change;Council Member Foley seconded the motion.Motion passed 3-1 with Council Member Edstrom voting against. D.I D.2 Town Council to provide input to the Planning &Zoning Commission regarding Fence Ordinance regulations governing the maximum height of fences. Kerin Fleck advised the Council that the Planning and Zoning Commission is currently reviewing the fence ordinance,specifically the maximum allowable height to fences.Currently 70%of residents are requesting 8 foot fences. Margaret Best,27 W.Hillside Place Dennis Sheridan,1 Hillcrest Town Council provided input to the P&Z Commission to move towards the fence regulations currently allowed by the City of Keller in that the maximum allowable height for fences is up to 8 ft.for a rear &side yards not adjacent to a street park or trail or up to 6 ft.for side or rear yards adjacent to a street,park or trail. D.3 Discuss and take appropriate action regarding an Ordinance repealing Town Ordinance Nos.2003- 02 and 2005-03,and adopting a new Ordinance regulating the Town Design Standards and Construction Specifications for Roadway,Drainage,Water and Wastewater Design. Council Member Williams made a motion to discuss item,Council Member Edstrom seconded. CD Director advised that adoption of the new Ordinance would address the following issues: .Use of Sub-drains currently being put in on Indian Creek as a way to alleviate the ground water on the streets,thus making the streets last longer. .Ability to better monitor the use appropriate use of concrete plums as they have become quite popular with developers as an inexpensive way to deal with drainage. .Waivers for use of certain materials and cleanup. Motion to approve repealing moved to approve repealing Town Ordinance Nos.2003-02 and 2005-03,and adopting a new Ordinance regulating the Town Design Standards and Construction Specifications for Roadway, Drainage,Water and Wastewater Design passed unanimously. Discuss and take appropriate action regarding a Mutual Aid Agreement between the Town and DFW Regional Law Enforcement Mutual Aid Task Force. Council Member Edstrom made a motion to discuss item,Council Member Williams seconded. Motion to approve Mutual Aid Agreement between the Town and DFW Regional Law Enforcement Mutual Aid Task Force passed unanimously. D.4 D.5 Consent agenda:Discuss and take appropriate action to approve Agreement for Property Tax Collection. D.6 Consent agenda:Discuss and take appropriate action to approve financials dated April 2005. D.7 Consent agenda:Discuss and take appropriate action to approve Minutes dated May 2,2005. Council Member Edstrom moved to approve items D.5 -D.7;Council Member Edstrom seconded;motion carried unanimously. D.S Additional Information for Council Written DPS report provided by Director Briggs,no action was taken. 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. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION Town Council convened into Executive Session at 8:34 P.M. EXECUTIVE SESSION E.1 Pursuant to Texas Government Code Annotated,Subchapter 551,Sections 551.074(a)(1) "Personnel Matters"and Section 551.071 (a)&(b)"Consultation with Attorney",respectively,the Council will enter into executive session to discuss the following: A.Personnel Matters (§551.074(a)(1»:The deliberation of the appointment of a public officer: (1)Appointment of Mayor Pro Tern. B.Consultation with Attorney (§551.071 (a)&(b»:Consultation with Attorney on pending or contemplated litigation or on a matter in which the duty of the Attorney to the Governmental Body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act (§551.071 (a)&(b»: (1)Perfection Homes Inc.,and Mark Carr v.Town of Trophy Club,Cause No.2003-50345- 367 TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION Town Council reconvened into Regular Session at 9:07 P.M. *REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number El. Council Member Williams made a motion to appoint Council Member Cates as Mayor Pro Tern;Council Member Edstrom seconded the motion,motion carried unanimously. F.l Adjourn. Stood Adjourn by Mayor Sanders. *The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act,LGC.551.071 a/~ C.Nick Sanders,Mayor,Town of Trophy Club ;;!b~~0 t!J~ isa Ramsey,Interim Town Secretary ,..1,-,"