MINUTES Town of Little Elm Public Hearings And Regular Council Meeting Tuesday February 19, 2008 Present: Frank Kastner Mayor, Council members David Hillock, Stephanie Shoemaker, Dee Dee Lear, Beverly Hughes, Brandon Gerard and Brenda Mills Mayor Pro-tem. Staff: Ivan Langford, Robert Brown, Kathy Phillips, Ryan Adams, Chris Browne, Doug Peach, Tony Chrisman, Jason Laumer, John Taylor, Tina Hager, Waylan Rhodes, Ric Sadler, and Joe Florentino. 1. Roll Call/Call to Order Public Hearings and Regular Town Council Meeting at 7:02 p.m. 2. Pledge to the Flags: a. United States Flag b. Texas Flag 3. Public Hearing at 7:04 p.m. an amendment to Chapter 106 (Zoning Ordinance) of the Code of Ordinances relating to residential uses, adding a definition of HUD-code manufactured homes, amending the definition of mobile homes, revising the definition of mobile homes related hand uses, providing for HUDcode manufactured homes in Mobile Homes Parks, providing for specific use permit in the A-1 and A-2 districts for HUD-code manufactured homes which were placed on the property in either district prior to December 31, 2007, providing for the replacement of HUD-code manufactured homes, authorizing the replacement of HUD-code manufactured home provided the home is newer and at least as large in living space as the prior HUD-code manufactured home, restricting replacement of HUD-code manufactured homes to one replacement with exceptions for fire and natural disasters. The Planning Director informed the council that the Planning and Zoning conducted a public hearing and recommended council approval. The council held a work session on this ordinance January 22 nd. This proposed ordinance revision would provide an opportunity for a specific use permit to be approved in the A-1 and or the A-2 districts to allow a HUD-Code Manufactured Home with conditions as stated in the ordinance. Several members from the audience spoke on the proposed ordinance and expressed their pros and cons regarding the proposed changes. -1-
4. Closed public hearing at 8:22 p.m. Upon motion by Council member Lear and second by Council member Gerard the members voted unanimously to Convened into closed executive session at 8:24 p.m. to deliberate and receive legal advise from the Town Attorney regarding proposed manufactured home ordinance. Reconvened into open session at 8:50 p.m. 5. Upon motion by Council member Hillock and second by Council member Gerard the members voted unanimously to adopt Ordinance No. 881 an Ordinance of the Town of Little Elm, Texas amending the Code of Ordinances of the Town, Chapter 106 (Zoning Ordinance), relating to residential uses; adding a definition of HUD-code manufactured homes, amending the definition of mobile homes, revising the definition of mobile homes related hand uses, providing for HUDcode manufactured homes in Mobile Homes Parks, providing for specific use permit in the A-1 and A-2 districts for HUD-code manufactured homes which were placed on the property in either district prior to December 31, 2007, providing for the replacement of HUD-code manufactured homes, authorizing the replacement of HUD-code manufactured home provided the home is newer and at least as large in living space as the prior HUD-code manufactured home, restricting replacement of HUD-code manufactured homes to one replacement with exceptions for fire and natural disasters. Contingent upon changes regarding the SUP being available for manufactured and mobile homes. To take out the 15% enlargement ability. To make note in the minutes the SUP fee would be waived. 6. Public Hearing at 8:51 p.m. on adoption of the completed Town Center Plan as presented by the Town Center Advisory Committee, Town Staff and Consultants. Planning Director- in October 2006 the Town Council approved the development of a Concept Plan for a mixed use development referred to as Town Center. The Town hired Townscape, Inc. a firm that has worked on many similar projects locally. On February 12, 2008 the council held a Public Forum on the Town Center Concept Plan to receive comments on the plan. Council discussion included the following comments: Cultural facilities are needed in a highly visible and walkable area; Efforts should be made to wide the lake view between the buildings on the lake side; Future design should incorporate green (LEEDS) building principles and xeriscape design. The next step in the Town Center planning process is to develop a form based zoning district for the area. Representative from Townscape gave a brief presentation. Members from the audience were heard regarding their pros and cons on proposed concept plan. 7. Closed public hearing at 9:24 p.m. -2-
8. Upon motion by Council member Hillock and second by Council member Lear the members voted unanimously to adopt Resolution No. 02190801 a Resolution of the Town of Little Elm regarding the adopting on the Town Center Concept Plan. 9. Chief Rhodes introduction (3) new employees: The introductions were postponed to later council date. 10. Presentations and Announcements: Mayor Kastner informed the council and audience of the Grand Opening and Ribbon Cutting for the new Denton County Government Center on Friday February 22 nd. Also the Zellars Elementary 2 nd grade would be touring the town hall on Friday morning at 10:00 a.m. 11. Upon motion by Council member Gerard and second by Council member Hillock the members voted unanimously to approve the consent agenda consisting of: a. Minutes of the February 5, 2008 Public Hearings and Regular Council Meeting b. Minutes of the February 5, 2008 Pre-Council Meeting c. Approval of reclassification of Captain Rank to that of Lieutenant Rank d. Approval of the 2007 Little Elm Police Department Racial Profile Report 12. Reports and request for Town Council consideration and appropriate action: A. Upon motion by Council member Gerard and second by Council member Mills the members voted unanimously to approve the proposed agreement to resolve outstanding franchise issues between Oncor Electric Delivery and the Steering Committee of Cities served by Oncor Electric Delivery. B. Upon motion by Council member Lear and second by Council member Hillock the members voted unanimously to adopt Ordinance No. 884 an Ordinance of the Town of Little Elm, Texas, providing for the Limited Purpose Annexation of an approximately 12.86 acre tract of land described in Exhibits A and B attached hereto, excluding boundary limits of the Town so as to include the said property within the corporate limits of the Town for Limited Annexation Purposes, providing for the filing of this Ordinance with the County Clerk; providing a saving clause; and providing a severability clause. C. Upon motion by Council member Lear and second by Council member Hillock the members voted unanimously to Co-Sponsor the Little Elm Box 620 Annual Public Safety Concert & Festival, Saturday May 17, 2008 at the Little Elm Park Amphitheater and Pavilion. -3-
D. Dan Jackson with economist.com gave the council a power point presentation regarding the 2008 Water and Wastewater Rate Study and Long-Term Financial Plan. Presentation Format: Background on Rate; Forecast Volumes and Revenue Requirements; Capital Improvement Plan; Water/WW Rate Plan; Frisco Hills Wholesale Water Rate and the Next Steps needed. Why water/wastewater rates are in need of increasing, the Town s development since 2004, current water/ww rate structure, monthly residential charges per gallons of usage, forecast of new water accounts. Cost of services for water and wastewater, 10 year forecast of primary assumptions. Capital Improvement Plan, Forecast Bond Issues required to Fund CIP, Forecast of Rate Plan for 2008-2017. This is not an action item tonight. Please review and submitted comments or questions before consideration at a later meeting. E. Upon motion by Council member Lear and second by Council member Gerard the members voted unanimously to adopt the TRRA Inter-local Agreement in order to join the consortium of local governments already assisting each other with collection of past due utility accounts. F. Upon motion by Council member Lear and second by Council member Mills the members voted unanimously to TABLE the Administrative Services Agreement between the Town of Little Elm and the Community Development Corporation. G. Upon motion by Council member Hillock and second by Council member Shoemaker the members voted unanimously to enter into negotiations with the developers of Valencia on the Lake for possible creation of a Public Improvement District. H. Town Manager presented to the Town Council the results of the 2008 Community Survey. He informed the council that the 2008 Survey was an all electronic instrument. It was conducted on line using Monkey Survey.com. The Town received 368 responses. By comparison, the 2007 survey was handwritten and manually tabulated. With 378 responses received. The percentages on the graphs are good/excellent totals only. With 70% being a benchmark, we can see it what areas we need to improve. I. Traffic Update. TxDot is still working on the ROW along Eldorado (FM720) approx. 60% are in process or have been negotiated. The bridge over Lake Lewisville is still scheduled for July 2009. Garza Lane September 2008. 13. NO Closed (executive) session was held. 14. NO Closed (executive) session was held. -4-
15. FYI: (All matters are provided to the Town Council for informational purposes only) A. Thank You Cards B. Departmental Monthly Reports for January 2008. 16. Upon motion by Council member Shoemaker and second by Council member Hughes the members voted unanimously to adjourn at 10:48 p.m. Respectfully; Town Secretary PASSED AND APPROVED this day of 2008. -5-