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Minutes TC 01/23/2012MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 23, 2012 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, January 23, 2012. 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 Larry Hoover Mayor Pro Tem Margi Cantrell Council Member Bill Rose Council Member Glenn Strother Council Member Jeannette Tiffany Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Carolyn Huggins Community Development Director Adam Adams Parks and Recreation Director Michael Aguilera Financial Analyst April Reiling PIO / Marketing Manager Mayor White announced the date of January 23, 2012, called the Workshop Session to order and announced a quorum at 6:04 p.m. WORKSHOP SESSION -6:00 P.M. 1. Discussion of "Independence of Boards, Commissions and Committees" provision of Handbook. Town Manager Slye stated that Council member Rose requested this item be placed on the agenda. Section 16 of the Handbook for Elected and Appointed Officials states: 16. Independence of Boards, Commissions, and Committees Because of the value of the independent advice of boards, commissions, committees and advisory groups to the public decision-making process, Town officials shall refrain from using their position to influence unduly the deliberations or outcomes of board, commission, committee, and advisory group proceedings. Town Manager Slye and Council discussed the roles of Council Liaisons and whether or not it would be prudent to discontinue the use of Council Liaisons. 2. Discussion of what is allowed and what is not allowed in Home Businesses. Community Development Director Huggins referred to Chapter 13, Section 5.11 "Home Occupations" of the Code of Ordinances. Ms. Huggins pointed out that the Town's regulations mirror surrounding cities' regulations. Council member Strother arrived at 6:30 p.m. Council discussed home businesses and the current regulations. 3. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 23, 2012. 4. Discussion of proposed agenda items for the February 6, 2012 Regular Session Agenda. Mayor White called a short break. CONVENE INTO REGULAR SESSION -ESTIMATED START TIME -7:00 P.M. The Invocation was offered by Parks and Recreation Director Adam Adams. The Pledges were led by Community Development Director Carolyn Huggins. 5. Recognition of Ted Neidenberger, Council Member (1985). Mayor White called for a Moment of Silence in honor of Former Council member Ted Neidenberger. 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. No citizens addressed the Council. 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 wJ1/ 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. Council member Rose requested that agenda item 6 be removed from the Consent Agenda. 7. Consider and take appropriate action regarding the Minutes dated January 16, 2012 (Workshop Session). January 23, 2012 Minutes Page 2 of7 8. 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 2012. Applicant: Sally Freeman on behalf of Trophy Club Women's Club. Motion made by Council member Cantrell, seconded by Council member Tiffany, to approve the Consent Agenda items 7 and 8 as presented. Motion carried unanimously. 6. Consider and take appropriate action regarding the Minutes dated January 9, 2012. Motion made by Council member Rose, seconded by Council member Cantrell, to approve the Consent Agenda items 6 as amended. Motion carried unanimously. The Town Council convened into Public Hearing at 7:10 p.m. PUBLIC HEARING 9. Public Hearing regarding an increase in Stormwater Drainage fees to help fund costs of public infrastructure drainage improvements of Phase 1 of Trophy Club Storm Water Master Plan. Town Manager Slye welcomed Trey Shanks and Kelly Dillard from Freese and Nichols. Mr. Shanks explained the process of the study and addressed the proposal for the new storm drainage rate adjustment. Mr. Shanks addressed questions from the Council. No residents addressed the Council Presentation included in the minutes. 10. Public Hearing regarding an Amendment to Ordinance No. 1999-17 P&Z, Planned Development No. 21 (PD-21), Plaza Shopping Center, to allow a fuel station as a permitted use. Applicant: Regency Centers, L.P. on behalf of Tom Thumb Grocery Store. (PD AMD-11-038) Ms. Dorothy Parks, Regency Centers provided the Council with a short presentation asking for a fuel station in the Plaza Shopping Center. Community Development Director Huggins stated Staff is requesting Council, to approve the fuel station as an Accessory structure. Ms. Huggins also stated that the Planning & Zoning Commission is recommending that the station be manned at all times it is open; Staff and Regency is asking Council to be more lenient and allow the station not be required to be manned at all times. Mayor White stated that a letter against the fuel station was received by Mrs. John Lewis, 2 Shasta Drive. Planning & Zoning Chairman Hill made the following statement to Council: The Planning and Zoning Commission heard this item on January 5, 2012 and recommended the Council amend PD-21, Plaza Shopping Center, to allow a fuel station as a permitted use, limiting the sales to fuel only, require a manned station, and specifying pd-21 be limited to 6 buildings maximum density on the pd site. Regency has requested that the council consider approval without the requirement that the kiosk be manned at all times. The recommendation motion to approve passed by a unanimous vote of 6-0 with Commissioner Richert absent. No residents addressed the Council Presentation included in the minutes. January 23, 2012 Minutes Page 30f7 The Town Council reconvened into Regular Session at 7:41 p.m. REGULAR SESSION 11. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing Article V entitled "Stormwater Drainage Fees" of Chapter 11 entitled "Public Works" of the Code of Ordinances of the Town and adopting a new Article V entitled "Stormwater Drainage Fees" of Chapter 11 entitled "Public Works" of the Code of Ordinances; providing for the incorporation of premises; providing for amendments for Article V to increase Stormwater Drainage Utility Fees imposed to construct, operate, and maintain a stormwater drainage utility system within the Town; providing a cumulative repealer clause; providing a severability clause; providing a savings clause; providing a penalty not to exceed the sum of two thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which a violation occurs or continues; providing for publication; providing for engrossment and enrollment; and providing an effective date. Town Manager Slye shared there are several issues that need to be addressed before Council can take action on this Ordinance, including: 1. Rate Adjustment 2. Exemptions and rate caps 3. Effective Date Motion made by Council member Strother, seconded by Council member Hoover, to approve Ordinance 2012-01 of the Town of Trophy Club, Texas repealing Article V entitled "Stormwater Drainage Fees" of Chapter 11 entitled "Public Works" of the Code of Ordinances of the Town and adopting a new Article V entitled "Stormwater Drainage Fees" of Chapter 11 entitled "Public Works" of the Code of Ordinances; providing for the incorporation of premises; providing for amendments for Article V to increase Stormwater Drainage Utility Fees imposed to construct, operate, and maintain a stormwater drainage utility system within the Town; providing a cumulative repealer clause; providing a severability clause; providing a savings clause; providing a penalty not to exceed the sum of two thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which a violation occurs or continues; providing for publication; providing for engrossment and enrollment; and providing an effective date of July 1, 2012. Motion carried unanimously. 12. Consider and take appropriate action to approve an Amendment to Ordinance No. 1999-17 P&Z, Planned Development No. 21 (PD-21), Plaza Shopping Center, to allow a fuel station as a permitted use. Motion made by Council member Rose, seconded by Council member Cantrell, to approve Ordinance 2012-02 removing the requirement that the facility be manned at all times when it is open. Council member Rose clarified his motion that Section 2.04 A.1.(1) be amended to read: (i) Fuel Station Accessory Use Regulations. A Fuel Station shall only be allowed on Tract 1 and shall only be allowed as an accessory use to a Grocery Store or other anchor type use. Only the sale of fuel shall be allowed. Motion carried unanimously. 13. Consider and take appropriate action regarding parkland dedication for the Canterbury Hills and Waters Edge subdivisions. Town Manager Slye explained that this item is to either accept the proposed properties in lieu of the five acres of parkland or reject those properties and inform the Developer what the Council prefers. January 23, 2012 Minutes Page 4 of7 Developer Mehrdad Moayedi, Centurion American, gave a brief history of the issue and what he is willing to provide for parkland dedication -road improvements, water and sewer, plus a driveway or money in lieu of land. The following individuals addressed the Council: • Kathy Trotter, 310 Skyline -spoke in favor of park entrance • Janice Bailey, 4915 TW King Road, Southlake -spoke against park entrance development • Margaret Steele, 5000 TW King Road, Southlake -spoke against park entrance development • Larry Lentzner, 303 Ridge View Lane -gave brief history of park concept plan • Jason Steele, 5000 TW King Road, Southlake -spoke against park entrance development • Ellen Linn, 517 Clear Vista Drive -spoke against park entrance development • Sandra Adran, 2228 Galloway Boulevard -did not speak • Richard Goodwin, 512 Clear Vista Drive -concerned about drainage on the concept plan • Steve Gregory, 205 Pebble Beach -supports the acceptance of the three lots • Larry Lentzner, 303 Ridge View Lane -supports the acceptance of the three lots • Tom Mills, 113 Creek Courts -clarified that the park is accessible from different areas Motion made by Council member Cantrell, seconded by Council member Tiffany, to approve the parkland dedication or Canterbury Hills and Water Edge subdivisions as presented. Motion carried 4:2:0 with Mayor White and Council members Tiffany, Cantrell and Hoover voting for and Council members Rose and Strother voting against. 14. Consider and take appropriate action approving an Ordinance repealing Ordinance 1999-15 in order to abandon the land that was dedicated as a road easement for the extension of Indian Creek Drive and Trophy Club Drive; accepting the dedication of a road easement dedicated for the extension of Indian Creek Drive; abandoning all of its interest, whether obtained through dedication, ownership, or otherwise; and providing an effective date. Community Development Director Carolyn Huggins explained the reason for this item. The roads need to be moved for development, causing the current easements to be invalid; thus the Town needs to repeal Ordinance 1995-15. Motion made by Council member Rose, seconded by Council member Strother, to approve Ordinance 2012-03 repealing Ordinance 1999-15 in order to abandon the land that was dedicated as a road easement for the extension of Indian Creek Drive and Trophy Club Drive; accepting the dedication of a road easement dedicated for the extension of Indian Creek Drive; abandoning all of its interest, whether obtained through dedication, ownerShip, or otherwise; and providing an effective date. Motion carried unanimously. 15. Consider and take appropriate action regarding approval of a Final Plat for Neighborhood 6, Phase 2F (7.722 acres) located in The Highlands at Trophy Club, R. Allen Survey, Abstract No. S and Abstract No. 17. A. Consider and take appropriate action regarding a Subdivider's Agreement between the Town and High Trophy Development, LP for Neighborhood 6, Phase 2F. Planning & Zoning Chairman Hill made the following statement to Council: On January 5, 2012 the Commission heard a request from a representative of High Trophy Development, LLC, for approval of a Final Plat for Lots 1-26, Block DO, Neighborhood J6, Phase 2F, consisting of 22 residential lots and 4 open space lots. The Commission recommended approval to the Town Council by a unanimous vote of 6-0 (CommiSSioner Richert absent). January 23, 2012 Minutes Page 50f7 Motion made by Council member Strother, seconded by Council member Rose, to approve the Final Plat for Neighborhood 6, Phase 2F (7.722 acres) located in The Highlands at Trophy Club, R. Allen Survey, Abstract No.5 and Abstract No. 17. Motion carried unanimously Motion made by Council member Strother, seconded by Council member Rose, to approve a Subdivider's Agreement between the Town and High Trophy Development. Motion carried unanimously. 16. Consider and take appropriate action regarding financial and variance report dated November 2011. 17. Consider and take appropriate action regarding financial and variance report dated December 2011. Motion made by Council member Cantrell, seconded by Council member Tiffany, to approve financials dated November and December 2011 as presented. Motion carried unanimously. 18. Town Council Liaison Updates; discussion of same: -December 13,2011 Parks and Recreation Board Meeting, Council member Tiffany -December 20, 2011 TCMUD No.1 Meeting, Council member Rose -January 5, 2012 EDC 4B Meeting, Council member Hoover -January 10, 2012 Parks and Recreation Board Meeting, Council member Tiffany -January 12, 2012 TCMUD No.1 (Special Session) Meeting, Council member Rose Town Council Liaisons updated the Council and addressed questions. No action taken, update only. 19. Town Manager Slye's update regarding the following; discussion of same. -Incode Implementation Schedule -Water Tower Project -May 2012 Election and Schedule -Citizens Financial Advisory Board -Transportation Projects -Personnel Town Manager Slye updated the Council and addressed questions. No action taken, update only. 20. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. -December 14,2011 Northwest Communities Partnership Meeting -December 14, 2011 SH-114 Stakeholders Luncheon -December 15, 2011 Denton Precinct 4 Meeting -January 11, 2012 Northwest Communities Partnership Meeting -January 17, 2012 Hampton Inn Groundbreaking -January 18, 20121-35W Coalition Meeting -January 19, 2012 Metroport Cities Partnership Meeting Mayor White and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. January 23, 2012 Minutes Page 6 of? 21. Items for Future Agendas. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drt1ling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2124/2011) 5. Consider and take appropriate action regarding the creation of a "Going Green" initiative throughout the Town. (White, 212412011) 6. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/212011) 7. Consider and take appropriate action regarding ball park sign age. (Cantrell, 6/6/2011) 8. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 9. Rewrite of Handbook for Elected and Appointed Officials, with projected completion date of February 15,2012. (Rose/S/ye, 8/15/11) 10. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/112011) 11. Consider and take appropriate action regarding the Town's park space located just north of the new ball fields at the corner of Parkview and Bobcat Boulevard to investigate whether or not it would be beneficial to place on the ballot, for citizens approval, to sale and rezone as commercial and provide the proceeds towards other parks and recreation needs. (Cantrell, 9/12/2011) 12. 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, 11/14/2011) Town Manager Slye asked Council member Rose to extend the deadline for Item 9. No changes were made to the list of future agenda items. ADJOURN Motion made by Council member Cantrell seconded by Council member Tiffany to adjourn. Motion carried unanimously. Meeting adjourned at 10:37 p.m. Connie White, Mayor Town of Trophy Club, Texas January 23, 2012 Minutes Page 7of7 Storm Water Utility Fee Trey Shanks Kelly Dillard, P.E., CFM JANUARY 23, 2012 Storm water utility fee rate adjustment •Storm water study and rate evaluation –Storm water studies –Storm water utility fee recommendations –Supplemental grant funding opportunities •August 2011 Council update •November 2011 Council update •January 2012 Council update on projects •Public Notice published three times in newspaper over last 30 days with proposed (per LGC 552) •Public hearing tonight (per LGC 552) 2 Trophy Club Study Areas: Phase I •Trophy Club Drive at Marshall Branch •Skyline Creek (Indian Creek) Channel Analysis •The Knoll/Overhill Drive Drainage Analysis •Fresh Meadows/Inverness Pond and Drainage System •Cypress Court Channel 3 Trophy Club Drive at Marshall Branch 4 Skyline (Indian) Creek Channel Analysis 5 Overhill/Timber Ridge Drainage System 6 Fresh Meadow/Inverness Pond and Drainage System 7 Cypress Court Tributary 8 Projects Summary Project Opinion of Probable Construction Cost Trophy Club Drive $4.0M to $5.3M Skyline (Indian Creek)$5.90M Overhill/Timber Ridge $0.24M Fresh Meadow/Inverness $0.45M Cypress Court $1.3M Total OPCC $11.9M to 13.2M 9 Storm water utility overview •Common, equitable storm water funding approach •Service-based fee •Restricted to drainage-related costs •Stable, reliable source •Fees based on use of storm system •Authorized by State Law (LGC 552, Subchapter C) –Allows cities to establish drainage user fee –Reasonable, equitable, non-discriminatory 10 Trophy Club storm water utility fee •Town established storm water utility in 2003 •Flat residential rate ($3.00/mo.) •Non-residential declining block rate ($15 -$52.50/mo.) 11 Storm water utility rate recommendations •Residential: Increase from $3.00 to $6.00 •Non-Residential: Remove capped tier structure *ERU is Equivalent Residential Unit. In Trophy Club, the average impervious area per residence is 3,500 square feet. 12 Category Existing Monthly Rate Proposed Monthly Rate Multi-Family $1.50/unit $6.00 per ERU* Non-Residential (square feet impervious area) 0 –10,000 sf Greater of $15 or $0.18 per 100 sf 10,001 –50,000 sf $22.50 50,001 –100,000 sf $30.00 100,001 –200,000 sf $37.50 200,001 –400,000 sf $45.00 400,001 –3,000,000 sf $52.50 13 Storm water utility annual revenue by property type 14 Category Existing Annual Revenue Proposed Annual Revenue Residential $111,900 $223,800 Commercial $7,100 $37,100 School District $3,700 $45,400 Town $3,200 $9,500 Church $1,400 $5,700 Multi-Family $1,000 $8,500 Total $128,300 $330,000 Storm Water Utility Fees 15 Services at rate options •Current ($3.00) fee –$100,000 for operations and maintenance –$28,000 for studies and projects –$128,000 annual revenue •Proposed ($6.00) fee –$100,000 for operations and maintenance –$220,000 for studies and projects –$330,000 annual revenue 16 Council considerations •Rate adjustment ($6.00 per month per residence and equivalent residential units, or ERUs) •Removal of fee cap •Effective date for rate changes 17 Town of Trophy Club 1/5/2012