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Minutes TC 03/03/2014MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION:100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday> March 3, 2014 at 5:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, March 3, 2014. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Jeannette Tiffany Mayor Pro Tem, Place 2 Philip Shaffner Council Member, Place 5 Greg Lamont Council Member, Place 5 Danny Mayer Council Member, Place 4 Bill Rose Council Member, Place 1 STAFF AND GUEST(S) PRESENT: Mike $lye Town Manager Stephen Seidel Assistant Town Manager Tammy Ard Town Secretary Patricia Adams Town Attorney April Reiling PIO/Marketing Manager Scott Kniffen Police Chief Steven Glickman Finance Director Carolyn Huggins Community Development Director Mayor White announced the date of Monday, March 3, 2014 called the Town Council to order and announced a quorum at 5:02 p.m. WORKSHOP SESSION 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 3, 2014. 2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 17, 2014. 3. Discussion of process and procedures for conducting Town meetings and currently adopted Rules of Procedures for Town Council Meetings. Town Attorney, Patricia Adams discussed and answered questions regarding the process and procedures for conducting town meetings. Council indicated changes they would like to have made to the Rules of Procedures for Town Council Meetings. Town Attorney Adams notified the Council that if Council completes the changes tonight the changes would be brought back on the March 17u agenda for approval. 4. Discussion regarding a proposed Home Firearms Safety Program, a course for residents, and a fee for the course. March 3, 2014 Town Council Meeting Minutes Chief Kniffen provided a brief overview of the Home Firearms Safety Program. The course outline specifies the goal of the course is, "To teach the basic knowledge and skills, and to explain the attitude necessary for safe handling and storage of guns in the home. The course would be offered quarterly, if there was sufficient interest, and would be open, initially, to residents and their children age 12 or older. In order to cover the cost of the materials and time involved, a fee of $15 per person is recommended. CONVENE INTO REGULAR SESSION - START TIME — 6:19 P.M. The Invocation was offered by Chief Kniffen. The Pledges were led by Council Member Bill Rose. EXECUTIVE SESSION S. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: A. Texas Government Code Section 551.071(2). "Consultation with Attorney" to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the open Meetings Act: Water and wastewater services for Pit?; CCN; alternative services for the PID; legislative processes and actions; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. CONVENE INTO EXECUTIVE SESSION - START TIME.- 6:21 P.M. RECONVENE INTO REGULAR SESSION - START TIME -- 7:30 P.M. RECONVENE INTO REGULAR SESSION 6. Consider and take appropriate action regarding the Executive Session. No action taken on executive session agenda item #5 at this time; continued discussion of executive session agenda item #5 during executive session for agenda item #22. Mayor Pro Tem Tiffany made a public apology for a statement made at the February 26`x' Town Council Special Session Meeting. 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 an 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. Julie Folley, 2407 Lilyfield Drive addressed the Council regarding a comment that was made at a previous Town Council Meeting by a Council Member, appreciates the apology, and asks that this be a learning experience and move forward. 7. Consider and take appropriate action regarding a Proclamation declaring March 16-22, 2014 as Poison Prevention Week. March 3, 2014 Town Council Meeting Minutes Page 2 of 8 Motion made by Council Member Rose, seconded by Council Member Mayer, to declaring March 16-22, 2014 as Poison Prevention Week. Motion passed unanimously. 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. S. Consider and take appropriate action regarding the Minutes dated February 17, 2014. 9. Consider and take appropriate action regarding a contract between the Town and Linebarger Goggan Blair & Sampson, LLC to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and authorizing the Mayor or her designee to execute all necessary documents. 10. Consider and take appropriate action regarding the approval of an expenditure from the Court Technology Fund for the purchase of the SunGard to Incode Interface Court software, including the initial cost and associated yearly annual maintenance costs for each year thereafter that the software is utilized. 11. Consider and take appropriate action regarding granting a Special Privilege Request to the Trophy Club Women's Club to hold two Community Garage Sale Events in 2014. Applicant: Heather Wick on behalf of Trophy Club Women's Club, 12. Consider and take appropriate action regarding a revised Final Plat of Neighborhood 7, Phase 3C, of The Highlands at Trophy Club, an approximate 31.487 acre tract of land, consisting of 107 residential lots and 4 open space lots. Applicant: Peloton Land Solutions on behalf of High Trophy Development, LLC Motion made by Council Member Mayer, seconded by Council Member Lamont, to approve the Consent Agenda. Motion passed unanimously. PUBLIC HEARING 13. Public Bearing regarding a request for approval of amendments to Planned Development No. 30 (PD -30), The Shops at Trophy Club, to amend the Town's Comprehensive Zoning Ordinance and Zoning Map; and to amend Exhibit "B" entitled "Planned Development District Development Standards" by amending various provisions of Exhibit "B". Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. CONVENE INTO PUBLIC HEARING - START TIME — 7:50 P.M. Mike Twichell, Architect presented (attached) an overview with the changes requested at the P&Z Public Hearing and answered questions regarding PD -30 "Trophy Club Town Center" The following citizens addressed the Town Council regarding this agenda item: •; Rhylon Rowe, 404 Skyline Drive Robert Hoch, 245 Oak Hill Drive •. Jim Parrow, 8 Brookfield Court Larry Mundy, S Brookhollow Lane •3 Nick Sanders, 7 Hayes Court RECONVENE INTO REGULAR SESSION - START TIME — 8:17 P.M. March 3, 2014 Town Council Meeting Minutes Page 3 of 8 REGULAR SESSION 14. Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2013-2014 Budget of the Town (Budget Amendment No. 1) making a transfer of appropriations in accordance with the Towns Charter in order to fund software, equipment, and equipment maintenance purchases; and providing for an effective date. (Item previously outlined at the February 3, 2014 and February 17, 2014 Town Council meetings.) The proposed budget amendment addresses the needs presented at the February 3rd Town Council Meeting where the equipment and software needs were outlined and February 17`h Town Council Meeting where the funding plan was presented. Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve Ordinance 2014-05 executing the purchase of the less expensive maintenance cost software package and painting the slash pad. Motion passed unanimously. 15. Consider and take appropriate action regarding a request for Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, Lot 3, Block 1, Northwest Independent School District East Campus Addition. Applicant: Rob Morse, RLK Engineering on behalf of Northwest ISD. Rob Morse, RLK Engineering, provided an overview of a revised plan to add 7.374 square feet to Samuel Beck Elementary School to include the addition of three rooms (one art and two music rooms) and a kitchen, renovation to one art room, the addition of sidewalks and twelve trees. The renovation and additions will allow for up to an additional 850 students to this campus. Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve the Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, Lot 3, Block 1, Northwest Independent School District East Campus Addition. Motion passed unanimously. 16. Consider and take appropriate action regarding an Ordinance of the Town Council amending Ordinance No. 2012-04 P&Z, PD Planned Development No. 30, known as The Shops at Trophy Club, amending the Town's Comprehensive Zoning Ordinance and Zoning Map, amending Exhibit "B" entitled "Planned Development District Development Standards" by amending various provisions of Exhibit "B"; providing a penalty for violations; and providing an effective date. Applicant: !SB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. Proposed amendments discussed and questions answered by the applicants. Larry Hoover, 118 Berkshire, addressed the council regarding this agenda item. Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve Ordinance 2014-06 with amendments to Exhibit "B" as recommended from P&Z with the following changes: (NOTE —page numbers reflect Exhibit "B" Draft February 25, 2014) March 3, 2014 Town Council Meeting Minutes Page 4 of 8 9 page S - AMENDED TO READ: 4. COMMUNITY FACILITIES ■ Auditorium, Gym ■ Heliport/Hellpad ■ Municipal Admin, ■ Park, Playground, Playlots, Related Facilities ■ Parking Garage ■ Privately Owned & Operated Playground ■ Public Safety Facilities ■ Radio, Television, Microwave, Cellular towers attached to buildings (if camouflaged so that they are not visible to the public) ■ Social, Recreational, Assembly Bldgs ■ Tennis, Handball, Racquet Ball Clubs ■ Utility Facilities, Office 6 page 40 - AMENDED TO READ; ii. close horizontal adjacency of different uses is permitted for ground floor adjacencies for commercial, office and residential uses as set forth herein. Residential and Commercial occupancies may be located on the same floor of the same Building, but residential uses shall not be located on the ground floor, except as otherwise permitted herein. 0 page 41- AMENDED TO READ: d. The minimum are in an Urban Residential units on the first floor is 1,200 square feet. 2. a. Ground floor commercial, office and residential uses as set forth herein retail, and in a mixed- use development shall be visually oriented toward and have their primary entrance oriented toward the street or private drive frontage. m page 43 - AMENDED TO READ: a. Buildings fronting on Indian Creek Drive shall be designed to accommodate the following: i. Ground floor retail, office, commercial, Public Safety Facilities and ii. Second floor and above Urban Residential, office uses, or Public Safety Facilities. • page 45 - AMENDED TO READ: e. Balconies (not allowed in facades fronting Trophy Club Drive) projecting from the building face, framed canopies, awnings, bay windows, decorative projections, moldings, cornices, trim, and signage may project 6'-0" into 43 rights-of-way and easements. 4. b. Unless otherwise dictated by applicable codes and ordinances, non-residential and non -parking buildings shall have a minimum of 30% a n d a m a x i m u m o f 4 0% of the ground floor fapde, up to 10'-0" above the typical street }frontage finished sidewalk level, comprised of windows, storefronts, and/or entrances. This standard shall only apply to all Type 'A' Drive facades and the SH 114 Frontage Road, and Trophy Club Drive facades. s page 46 - AMENDED TO READ: b. Unless otherwise dictated by applicable codes and ordinances, non-residential and non -parking buildings fronting State Highway 114 Frontage Road and Trophy Club Drive, within 400 feet of State Highway 114 frontage road, shall have a minimum of 30% and a maximum of 40% of the ground floor facade, up to 10'-0" above the typical street frontage finished sidewalk level, comprised of windows, storefronts, and/or entrances. March 3, 2014 Town Council Meeting Minutes Page 5 of 8 • page 47 -AMENDED TO READ: d. Materials and finishes used for windows, storefronts, entrances, and entrance vestibules shall be at the discretion of the Property Owner and/or Tenants as long as a minimum of 85% of Type 'A' Drive facades are finished in masonry (brick, stone, stucco using the 3 step process, cast stone, or glass block). f. Unless otherwise dictated by applicable codes and ordinances, for each building frontage on Indian Creek Drive, secondary streets, and private and mews streets, a minimum of 30% a n d a m a x i m u m of 40% of the ground floor fagade, up to 10'-0" above the typical street frontage finished sidewalk level, comprised on windows, storefronts, and/or entrances. • page 48 - AMENDED TO READ: g. EIFS use is limited to top cornices, top parapets and walls, second floor and above if the application is exposed from the top. The FIFS must be hail resistant or protected. + page 49 - AMENDED TO READ: in the diagram of the 'Roof Top Equipment Screening' shown at the top of the page change from recommended to required. • page 50 - AMENDED TO READ: 3. Buildinp, Materials: A minimum of 85% of the front facades of residential buildings and residential building facades along Type 'A' street or open space shall be finished in masonry (brick, stone, stucco using the 3 step process, cast stone, or glass block). • page 51- AMENDED TO READ: 4. b. Urban Residential facades fronting on Trophy Club Drive shall not have balconies. 4. e. Urban Residential density: two hundred fifty (250) units plus a cumulative total of up to an additional 33 urban residential units are permitted on the first floors of Buildings B4, 135, and B7 provided such additional units are Retail Ready • page 52 -AMENDED TO READ: [APPLICANT'S ALTERNATIVE] Area A and B shall be simultaneously constructed; provided, however, a Certificate of Occupancy shall not be issued for a building in Area B prior to issuance of Certificates of Occupancy, which may include "shell Certificates of Occupancy", for 26,300 SF of the building area in Area A. • page 53 - AMENDED TO READ: a) ii. The lots (and the dwelling unit primary pedestrian entry) must front on a public street(s), vehicle access drives, pedestrian circulation areas, or public landscaped areas. + page 54 - AMENDED TO READ: e) i. 1) Front setback shall be a minimum of 10 feet, dedicated to landscaping, hardscaping, and/or driveways. f) i. A minimum of 85% of the front, side and rear fagade of Townhome Residential shall be finished in masonry (brick, stone, stucco using the 3 step process, cast stone, or glass block). + page 55 - AMENDED TO READ: g) Townhome Residential garage and Parking Requirements: L Each town home shall have a minimum of a single car garage. li. Garages must be sized to be a minimum of ten feet (10') by eighteen feet (18') March 3, 2014 Town Council Meeting Minutes Page 6 of 8 iii. Townhome Residential garages shall be oriented to public streets or vehicle access drives. iv. Each Townhome Residential unit requires one (1) guest parking space. The total of guest parking required for clustered Townhome Residential may be accommodated in nearby public street parking or in designated off-street parking areas dispersed throughout the Townhome Residential development. • Development Legend -AMENDED TO READ. RESIDENTIAL ROOF PEAKS ANIS TOWER ELEMENTS OF RESIDENTIAL 85' MAXIMUM HEIGHT TOWNHOMES 50' MAXIMUM HEIGHT Motion carried 5-1-0 with Council Member Rose, Council Member Shoffner, Council Member Mayer, Mayor Pro Tem Tiffany and Mayor White, voting for and Council Member Lamont, voting against. 17. Town Council Liaison Updates; discussion of same. No action taken, update only. 18. Town Manager Slye`s update regarding the following; discussion of same. • Election Update • Business Meet and Greet • Dino Toddler Playground • Tom Thumb Fuel Station Update • New Facility Update Town Manager Slye updated the Council and addressed questions; no action taken, update only. 19. Mayor and Council updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. • Byron Nelson High School Talent Show - February 18th e Women in Government Luncheon - February 20th • Metroport Cities Partnership - February 20th • Emergency Preparedness Planning Council - February 20th • Northeast Tarrant Transportation Summit - February 21st • Denton County FM 1171 Ground Breaking Ceremony - February 26th • Senior Housing Summit - February 26th Mayor White and Council members updated the Council and addressed questions regarding meetings attended; no action taken, update only. 20. Consider and take appropriate action regarding CFAB Initiatives. Motion made by Council Member Rose, seconded by Council Member Mayer, to move this item to the March 17, 2014 agenda. Motion passed unanimously. 21 Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. March 3, 2014 Town Council Meeting Minutes Page 7 of 8 However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. No changes were made to the list. EXECUTIVE SESSION 22. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closers' executive session to discuss the following: (A) Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town. (1) Potential Projects in the Trophy Wood Drive area CONVENE INTO EXECUTIVE SESSION - START TIME --12:10 a.m., Tuesday, March 4, 2014 RECONVENE INTO REGULAR SESSION - START TIME —1.40 a.m., Tuesday, March 4, 2014 RECONVENE INTO REGULAR SESSION 23. Consider and take appropriate action regarding the Executive Session. Action taken on executive session agenda item #5: Motion made by Mayor Pro Tem Tiffany, seconded by Council Member Shoffner, in order to meet the impending deadline with TCEQ I move to authorize legal counsel, Graves, Dougherty, Hearon and Moody, to file a Motion To Overturn the TCEQ order dated February 6, 2014 to approve the MUD No 1's issuance of tax and revenue bonds, and, as part of that Motion, to request that the TCEQ order the parties to mediation. If we can reach an agreement on the terms of the contract for service to the PID, we will withdraw our motion to overturn. Motion passed unanimously. No action taken on executive session agenda item 922. ADJOURN Motion made by Council Member Rose, seconded by Council Member Lamont, to adjourn. Motion carried unam"usly. Meeting adjourned at 1:50 a.m., Tuesday, March 4, 2014. Tavnmuf�Trophy ArdTc n Secretary To Club, Texas 'I*onnie White, Mayor Town of Trophy Club, Texas March 3, 203.4 Town Council Meeting Minutes Page 8 of 9