Minutes Town of Little Elm Tuesday November 11, 2008

Transcription

1 Minutes Town of Little Elm Tuesday November 11, 2008 Present Frank Kastner Mayor, Council members David Hillock, Stephanie Shoemaker, Dee Dee Lear, Brenda Mills, and Mayor Pro-tem Brandon Gerard. Absent: Council member Beverly Hughes. Staff: Ivan Langford, Robert Brown, Sandy DeVault, Laura Avis, Alan Dickerson, Doug Peach, Jason Laumer, John Taylor, Rick Sadler,,Joe Florentino, Tony Chrisman, and Tina Hager. 1. Roll Call/Call to order Regular Town Council Meeting at 7:00 p.m. 2. Pledge to the flags: a. United States Flag b. Texas Flag 3. Certificate of Recognition: Mayor Kastner presented a Certificate of Recognition to Fire Chief Joe Florentino for (3) years of service to the Town. 4. Presentations and announcement: Dennis Engelke of CoServ Charitable Foundation presented a $5, check to Secret Santa (Santa s Elves) of Little Elm, Texas Inc. 5. Public Hearing At 7:10 p.m.: Regarding request for a Planned Development for Heavy Equipment Sale on approximately acres, generally located at the southeast corner of U.S. 380 and FM 1385, currently zoned 380-Light Industrial (380-L1), Little Elm, Denton County, Texas. Michael Puryear 3302 S.WW White San Antonio, Texas, Joseph Willrich Morado Circle, Austin, Texas, John Fielder 2201 W Royal Lane Suite 275 Irving, Texas, Jeff VanCuren 4388 W Vickery Blvd. Fort Worth, Texas, and Jay Hedges 4775 North Freeway Fort Worth, Texas were heard regarding the Holt Cat request for the Planned Development. Closed Hearing 8:12 p.m. Upon motion by Council member Lear and second by Council member Hillock the members voted unanimously to approve Ordinance No. 922 an Ordinance of the Town of Little Elm, Texas amending the Comprehensive Zoning Ordinance of the Town of Little Elm, Texas herefore amended, by changing the zoning on approximately acres of land, generally located at the southeast corner of US 380 and FM 1385, from Light Industrial District (380-L1) to Planned Development District (PD) for heavy equipment sales, correcting the official

2 zoning map, providing a savings clause, providing a severability clause; providing a penalty, and providing an effective date. (With the condition that the expiration of the Planned Development 3 years from this evening being on November 2011.) 6. Presentations and announcement: Wanda Woodworth 1001 Broken Spoke Little Elm, Texas spoke to the council regarding prior discussion regarding a proposed dangerous dog petition/ordinance. She wanted to counterpoint and gave a brief statement regarding a program called The Canine Good Citizen. Asking Council to promote this program. The test requires that the dog and owner achieve an advanced level of training and are responsible owners. (Gave handout to council regarding the program) 7. Upon motion by Council member Lear and second by Council member Hillock the members voted unanimously to approve the consent agenda consisting of: a. Minutes of the October 14, 2008 Work Session b. Minutes of the October 21, 2008 Pre-Council Meeting c. Minutes of the October 21, 2008 Regular Council Meeting d. Minutes of the October 27, 2008 Special Meeting e. Permission to apply for U.S. Smokeless Tobacco Company Grant to receive a donation for a Polaris Ranger. f. Permission to apply for Flow Healthcare Foundation, Inc Grant to receive two RAD-57 CO Pulse Oximeters. g. Signing the Interlocal Agreement for Cooperative Purchasing of Goods, Products and/or services with metroplex area member cities. 8. Reports and requests for Town Council consideration and appropriate action: a. Upon the motion by Council member Hillock and second by Council member Lear voted unanimously to approve Townscape Professional Services Agreement with Townscape, Inc. in the amount of $30,614 for the Eldorado/423 Overlay District and authorize Town Manager to execute the same. b. Upon motion by Council member Lear and second by Council member Hillock voted unanimously to approve Ordinance 920 an Ordinance of the Town of Little Elm, Texas amending the Code of Ordinances of the Town Section Definitions, Section Use of Land and Buildings, and Section Conditions Noted to Use Regulations to amend the Use Chart and Associated Definitions; providing a savings clause, providing a severability clause; providing a penalty; and providing for an effective date. (With the modification of wind powered turbines not being permitted or allowed under SUP in any residential areas with the exception of AG which would be allowed under SUP. County clubs being under SUP all the way across in residential)

3 c. Upon motion by Council member Mills and second by Council member Gerard the members voted (4) four and (1) opposed (Council member Hillock) to adopt Resolution No a Resolution of the Town Council of Little Elm, recognizing the necessity of protecting our limited water supply resources from pollution; endorsing Watershed Protection as an urgent regional program for the County, Cities, Towns, and Utilities located in the Watershed of Lewisville Lake; and expressing our intention to participate in Watershed Protection Strategies to preserve and protect the environment and to safeguard the public welfare. d. Upon motion by Council member Lear and second by Council member Hillock the members unanimously to approve Resolution No a Resolution of the Town of Little Elm, Texas reappointing Doug Peach to the Board of Directors of the Denton County Transportation Authority; providing for a repealer and providing an effective date. e. No Action taken: on appointment to Regional Transportation Committee based on Bylaw Changes. f. Upon motion by Council member Mills and seconded by Council member Lear vote (4) for and (1) abstained (Council Member Hillock) to reappoint David Hillock, as Council liaison/board member to the Economic Development Corporation to fulfill his 3 year term. g. Upon motion by Council member Mills and second by Council member Lear voted unanimously to approve bid award for Sludge Cake Hauling and Disposal from IESI Corporation in the amount of $ per haul load; total annual cost estimated to be $95,700. h. Take no action: approval of Right of Entry Agreement between the Texas Department of Transportation and the Town of Little Elm for installation of signal communication equipment on the Main Street Water Tower (Tin Man) and authorize the Town Manager to execute the same. (Bring back to council with more information at a later date) i. Upon motion by Council member Hillock and second by Council member Lear voted unanimously to approve Interlocal Agreement between the Town and Lakewood Village for the provision of Fire and EMS Services. j. Upon motion by Council member Mills and second by Council member Gerard voted unanimously to request the Ministerial Alliance have someone attend the council meeting for a word of prayer prior to the meetings.

4 k. Upon motion by Council member Lear and second by Council member Mills voted unanimously to approve a $10,000 expenditure in order to make the Main Street Water Tower to it s original state lettering between the two front legs. l. Tabled until December: Presentation on the status of the capital project fund. m. Upon motion by Council member Mills and second by Council member Hillock vote unanimously: to deny all bids received on September 25, 2008 for the Main Street Paving and Drainage Project. n. Traffic Update: regarding Toll Bridge over Lake Lewisville, the Eldorado/Garza and Eldorado/423 Expansion Projects. Still on schedule to open in July/August Need load limit and hazardous materials signage for bridge. 9. The Town Council held executive (closed) session meeting pursuant to Chapter 551, Texas Government Code, Vernon s Texas Code Annotated, in accordance with the authority contained in: at 10:55 p.m. a. Frisco Hills, Frisco Ranch and The Preserve Development Agreement, Interlocal Agreement, Compromise and Settlement Agreement b. Town of Little Elm vs. Ajro Real Estate Investment c. Sadeghian et al. vs. Little Elm Discussion and consideration: to take any action necessary as the result of the Closed (executive) session. at 11:33 p.m. a. Upon motion by Council member Shoemaker and second by Council member Hillock the members voted unanimously to approve the Frisco Hills, Frisco Ranch and The Preserve Development Agreement, Interlocal Agreement, Compromise and Settlement Agreement b. Town of Little Elm vs. Ajro Real Estate Investment No Action c. Sadeghian et al. vs. Little Elm No Action 10. FYI: (All matters are provided to the Town Council for informational purposes only will not be discussed by Council or Staff) a. CWD Monthly Recycling Report for September 2008 b. Thank You to Police & Fire Department-Frisco Ranch ( sent with pictures) c. Atmos Energy Rider GCR for November Adjourned at 11:35 pm.

5 Respectfully, Town Secretary PASSED AND APPROVED this day of 2008.