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Minutes TC 03/04/2013MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, March 4,2013 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, March 4, 2013. 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 Glenn Strother Mayor Pro Tem, Place 5 Bill Rose Council Member, Place 1 Clint Schroeder Council Member, Place 3 Jeannette Tiffany Council Member, Place 2 Danny Mayer Council Member, Place 4 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Amy Piukana Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Michael Aguilera Finance Director Carolyn Huggins Community Development Director Adam Adams Parks and Recreation Director April Reiling PIO/Marketing Manager Mayor White announced the date of March 4, 2013, call the meeting to order and announce a quorum at 6: p.m. REGULAR SESSION The Invocation was offered by Finance Director Michael Aguilera. The Pledges were led by Council Member Schroeder. 1. Presentation of Life Saving Award by Fire Chief Danny Thomas and Police Chief Scott Kniffen. Police Chief Scott Kniffen presented the Life Saving Award to Officer Barry Sullivan and Sergeant Jim Norcross, and Dispatcher Kerri Burnside. Fire Chief Danny Thomas presented the Life Saving Award to Lieutenant Shane Beck, Driver Engineer Shawn Garrett, and Fire Fighter/Paramedic Matt Tackett. The Emergency Services Chaplain was recognized for his assistance and quick response in assisting the family during this difficult time. Two Fire Fighters from Town of Westlake were unable to attend, however, will receive a Life Saving Award in honor of saving the life of Devin Peters, a young boy who accidentally fell into his backyard pool and was unresponsive. Both parents were present and thanked staff for saving the life of their son. 2. Citizen Presentation to Mr. Alvin Peters. 1 Resident Tracy Hunter recognized crossing guard Alvin Peters for his excellent customer service and dedication in keeping the children safe and providing positive interaction with parents and the community. Resident Tammy Hunter read letters from citizens and explained she was able to form a committee of volunteers who wished to express their appreciation for Mr. Alvin Peters for his dedicated service to the community. The Committee known as the "Mr. Alvin Committee" which was successful in raiSing funds and obtaining donations. Ms. Hunter presented these to Mr. Peters for his dedication and service to the residents in Trophy Club. Council expressed appreciation to the citizens who took the initiative to recognize Mr. Peters and thanked him for his service. 3. Receive the Mayor's State of the Town Address; discussion of same. 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 citizens spoke regarding this item: Larry Lentzner Julie Folley Jennifer Win mill 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. 4. Consider and take appropriate action regarding the Minutes dated February 25, 2013. 5. Consider and take appropriate action regarding a Proclamation declaring March 17-23,2013 as Poison Prevention Week. Motion made by Council Member Rose to approve Consent Item No.4 and Item No.5, as presented. Motion seconded by CounCil Member Tiffany. Motion passed by vote of 6-0. CONVENE INTO PUBLIC HEARING AT 7:15 p.m. PUBLIC HEARING 6. Public Hearing to consider a rezoning request of a 59.225 acre tract of land from flR_ 12" Single Family Residential and a 2.789 acre tract of land from "R-15" Single Family Residential to a "PD" Planned Development District No. 31 (PD-31) for Single Family Residential on land generally located to the north and east of Indian Creek Drive, to the north of the Trophy Club Country Club golf course and to the south of the U.S. Army Corps of Engineer land (Town Limits Line). Community Development Director Carolyn Huggins showed a brief Power Point presentation and was present to answer any questions on this item. 2 There were no citizens present that wished to speak in support and/or opposition of the case. 7. Public Hearing to consider a rezoning request of an 11.165 acre tract of land from "R-12" Single Family Residential District to "PO" Planned Development District No. 32 (PD-32) on land generally located to the northeast of Indian Creek Drive, just south of the Trophy Club golf course and to the north of Harmony Park. Community Development Director Carolyn Huggins briefed Council regarding this item. There were no citizens present that wished to speak in support and/or opposition of the case. RECONVENE INTO REGULAR SESSION AT 7:25 p.m. RECONVENE INTO REGULAR SESSION 8. Consider and take appropriate action regarding a rezoning request of a 59.225 acre tract of land from "R-12" Single Family Residential and a 2.789 acre tract of land from "R-15" Single Family Residential to a "PO" Planned Development District No. 31 (PD-31) for Single Family Residential on land generally located to the north and east of Indian Creek Drive, to the north of the Trophy Club Country Club golf course and to the south of the U.S. Army Corps of Engineer land (Town Limits Line). After discussion, Council Member Mayer made a motion to approve rezoning of a 59.225 acre tract of land from "R-12" Single Family Residential and a 2.789 acre tract of land from "R-15" Single Family Residential to a "PD" Planned Development District No. 31 (PD-31) for Single Family Residential on land generally located to the north and east of Indian Creek Drive, to the north of the Trophy Club Country Club golf course and to the south of the U.S. Army Corps of Engineer land (Town limits line). Motion seconded by Council Member Tiffany. After discussion, the motion was approved by vote of 5-1, Mayor Pro Tem Strothers voting against. 9. Consider and take appropriate action regarding a rezoning request of an 11.165 acre tract of land from "R-12" Single Family Residential District to "PO" Planned Development District No. 32 (PD-32) on land generally located to the northeast of Indian Creek Drive, just south of the Trophy Club golf course and to the north of Harmony Park. Council Member Schroeder made a motion to approve a rezoning request of an 11.165 acre tract of land from "R-12" Single Family Residential District to "PD" Planned Development District No. 32 (PD-32) on land generally located to the northeast of Indian Creek Drive, just south of the Trophy Club golf course and to the north of Harmony Park. Motion seconded by Council Member Tiffany. After discussion Council Member Rose made a motion to amend the Ordinance Section K. Fences: by deleting the portion "Fencing shall be constructed as noted in K1 and adding, "All fences on lots facing or abutting a golf course shall be constructed of ornamental metal and shall be a minimum of (4) four feet and a maximum of (6) six feet in height. Amended Motion seconded by Council Member Schroeder. Motion approved by vote of 6-0. Council Member Schroeder made a motion to approve as amended. Motion seconded by Council Member Tiffany. Motion approved by vote of 5-1, Mayor Pro Tem Strother voting against. 10. Consider and take appropriate action regarding an Ordinance amending Chapter 9 "Parks and Recreation" of the Code of Ordinances of the Town; providing a penalty; and providing an effective date. 3 Parks and Recreation Director Adam Adams briefed Council regarding this item. The following citizens wished to speak regarding this item: • Chuck Hall • Rich Firneno • Steven Smith Mike Fitzgerald • • James Phillips • Dean Murray • David Abdulke • Matt Tibbits • Bijan Nowroozi • Jeanne Buck • Mike Buck • Julie Folley • Sue Fitzgerald • Steve Palla • Larry Lentzner "After a lengthy discussion, Council Member Rose made a motion to approve Ordinance 2013-10 amending Chapter 9 "Parks and Recreation" of the Code of Ordinances of the Town; providing a penalty; and providing an effective date. Motion seconded by Council Member Tiffany. Council Member Mayer made a motion to amend the motion on the floor and add Section 2.03 B relating to Fire Arms in the Park stating a prior Attorney General's opinion states Town's cannot prohibit firearms in parks. After discussion, Council Member Mayer withdrew his motion. Council Member Schroeder made a motion to amend Ordinance 2013-10, section 2.01 W c, first two sentences to read: "For scheduled uses, programs or events, Harmony Park and the Independence East and West facilities may remain open until 10 PM Sunday through Thursday, until 11 PM Friday and Saturday. For tournament play only, on Sunday until 11 PM." Motion seconded by Mayor Pro Tem Strother. Motion to amend was approved by vote of 6-0. The vote on the main motion was approved unanimously. 11. Consider and take appropriate action regarding an ordinance amending Ordinance No. 2013-06 and No. 2013-07 calling a General and Special Election to be held on May 11, 2013, to cancel that portion of the May, 2013 election providing for the election of one (1) unopposed CouncilMember to Place No.5 for a three-year term; and providing an effective date. Considerar y tomar la acci6n apropiada con respecto a una ordenanza para enmendar las Ordenanzas No 2013-06 y No. 2013-07 lIamando a una Elecci6n General y una Especial que se lIevaran a cabo el11 de mayo de 2013, para cancelar esa porci6n de la elecci6n de mayo de 2013, estableciendo provisiones para la elecci6n sin oponente, de un (1) Miembro del Concillo para el Puesto No.5 por un periodo de tres anos; e indicando una fecha para que entre en vigor. No action was taken on this item. 12. Consider and take appropriate action regarding the resignation of Planning & Zoning Commission Chair Gene Hill and Planning &Zoning Commission Vice Chair James Stephens. Council Member Schroeder made a motion to approve accepting the reSignations of Planning & Zoning Commission Chair Gene Hill and Planning & Zoning Commission Vice Chair James Stephens. Motion seconded by Mayor Pro Tem Strother. Motion approved by vote of 6-0. 4 13. Town Council Liaison Updates; discussion of same: -February 26, 2013 Parks and Recreation Board Meeting; CM Schroeder Council Member Schroeder updated the Council and addressed questions; no action taken, update only. 14. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. -February 26, 2013 Heart of Grapevine Women's Luncheon -March 1, 2013 Mayor's Roundtable Mayor White and Council Members updated the Council regarding meetings attended; no action taken, update only. 1S.ltems 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. 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. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 211/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4126/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Consider and take appropriate action regarding the creation of a "Going Green" initiative throughout the Town. (White, 212412011) 5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 51212011) 6. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/612011) 7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/612011) 8. Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell, 11/1412011) 9. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell, 51712012) 10. Review of #10 of Chapter 8 "Nuisances", Article I "Noise Nuisances", Section 1.01 "Nuisances Defined" (Schroeder, 6/2112012) 11. Consider and take appropriate action regarding the creation of a youth Council within Trophy Club (White and Schroeder, 812012012) 12. Consider and take appropriate action regarding input from Staff regarding the creation of a 'PID Board' (Mayer, 912412012) 13. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White, 112112013) Council advised staff to remove Item #6, Item #7 and Item #12 from the Future Agenda Item list. Mayor White recessed for a short break at 9: 58 p.m. 5 CONVENE INTO EXECUTIVE SESSION 16. Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation with Attorney", the Council will enter into executive session for Consultation with the Town 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 (551.071 (2»: (1) PID Infrastructure, PID Subcommittee and negotiation with MUD1 for water and wastewater operations, CCN, and related matters. CONVENE INTO EXECUTIVE SESSION· START TIME -10:08 p.m. RECONVENE INTO REGULAR SESSION· START TIME -10:50 p.m. RECONVENE INTO REGU LAR SESSION 17. Consider and take appropriate action regarding the Executive Session. There was no action taken as a result of Executive Session. ADJOURN Council Member Schroeder made a motion to adjourn. Motion seconded by Council Member Rose. Motion approved by vote of 6-0. The meeting adjourned at 10:51 p.m. Attest: Approved: COtliiieWhite, Mayor Town of Trophy Club, Texas 6