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Minutes TC 11/14/2011MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, November 14, 2011 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, November 14, 2011. 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 Larry Hoover Margi Cantrell Bill Rose Glenn Strother Jeannette Tiffany Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member TOWN COUNCIL MEMBERS ABSENT: 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 Eric Cannon Finance Director Carolyn Huggins Community Development Director April Reiling PIO / Marketing Manager Mayor White announced the date of November 14, 2011, called the meeting to order and announced a quorum at 6:04 p.m. Mayor White announced that Council member Strother was not in attendance at this time. WORKSHOP SESSION -6:00 P.M. 1. Recognition of Employee of the Quarter; discussion of same. Town Manager Slye introduced Ron Powell, Permit Technician as the Employee of the Quarter. Council member Strother arrived at 6:10 p.m. 2. Presentation by Freese and Nichols of preliminary findings for justification of storm drainage fee increase to help fund costs of public infrastructure drainage improvements of Phase 1 of Trophy Club Storm Water Master Plan; discussion of same. Kelly Dillard, Stephanie Griffin, and Trey Shanks from Freese and Nichols presented a proposed storm drainage fee structure to the Town Council and addressed questions from Council and Staff. Presentation included in the minutes. 3. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for November 14,2011. 4. Discussion of proposed agenda items for the December 12, 2011 Regular Session Agenda. Mayor White called a short break. CONVENE INTO REGULAR SESSION -START TIME -7:21 p.m. The Invocation was offered by Fire Chief Danny Thomas. The Pledges were led by Police Chief Scott Kniffen. 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 Citizen Presentations were made. 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. 5. Consider and take appropriate action regarding the Minutes dated October 17, 2011. 6. Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County Emergency Services District No.1 to provide Emergency Medical Services to a designated service area, and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council member Cantrell, seconded by Council member Mayor Pro Tem Hoover to approve consent agenda items 5 and 6 as presented. Motion carried unanimously. REGULAR SESSION 7. Receive Staff update on PD-30; discussion of same. Town Manager Slye stated that the comments and concerns received by residents has been appreciated and will be considered throughout this process. Town Manager Slye introduced Community Development Director Carolyn Huggins. Community Development Director Huggins presented an outline progress to date and addressed questions from Council. Huggins' outline included beginning with the Joint Workshop with the Planning and Zoning Commission in July, followed by Staff and Developer meetings, a second workshop. A formal November 14, 2011 Page 2of6 application was submitted on September 30,2011 by the property owner. On October 10, 2011 a second Joint Workshop was held, with the Developer being present. The Planning and Zoning Commission then met separately to review the document independently. A draft document was received on October19, 2011 from the Developer that was given to the Planning and Zoning Commission meeting on October 20, 2011 for review at their November 3, 2011 meeting. At this meeting, the Commission began reviewing the document page by page, the Commission is scheduled to complete their review at the November 17, 2011 Planning and Zoning Commission meeting and to hold a Public Hearing. The Commission is scheduled to consider a recommendation at their December 15, 2011 meeting. Council member Strother, just for the record, thanked the citizens for their comments and stated that this is a work in progress and the Town, as a whole, needs to move forward. 8. Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 28 (14.313 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes- DFW, LLC (FP-10-039) A. Subdivider's Agreement for Phase 28 and 2C have been combined, therefore, Subdivider's Agreement for this plat is considered with next agenda item --Neighborhood 3, Phase 2C plat. 9. Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 3, Phase 2C (5.937 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes- DFW, LLC (FP-11-040) A. Subdivider's Agreement -Consider and take appropriate action regarding a Subdivider's Agreement between the Town and K. Hovnanian Homes-DFW L.L.C. and Standard Pacific of Texas, Inc. for Neighborhood 3, Phase 28 and Phase 2C. Community Development Director Carolyn Huggins combined both agenda items 8 and 9; the engineer is also here today if Council has any questions. Huggins explained the items in the proposed sub dividers agreement and shared that the Planning and Zoning Commission has unanimously recommended approval at their November 4 meeting. Motion made by Council member Cantrell, seconded by Council member Tiffany to approve requests for approval of both Final Plats for Neighborhood 3, Phases 28 (14.313 acres) and Phase 2C (5.937 acres) located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-10-039); including the Subdivider's Agreement. Motion carried unanimously. 10. Consider and take appropriate action regarding an Ordinance amending Article 2 Entitled "Traffic And Vehicles" of Chapter 10 Entitled "Public Safety" of the Code Of Ordinances of the Town of Trophy Club, Texas by repealing Section 2.05 (E) "Overnight Parking" and adopting a new Section 2.05 (E) "Overnight Parking"; amending Section 2.01 "Definitions" as necessary, providing for a penalty; and providing an effective date. Town Manager Slye explained that since the last meeting, Town Attorney Patricia Adams has improved upon the definitions of commercial vehicles and that the annual fee has been set at $150. Slye briefly explained the differences between the two Ordinance versions before the Council. Motion made by Mayor Pro Tem Hoover, seconded by Council member Tiffany to approve Ordinance 2011-39 Version A amending Article 2 Entitled "Traffic And Vehicles" of Chapter 10 Entitled "Public Safety" of the Coqe Of Ordinances of the Town of Trophy Club, Texas by repealing Section 2.05 (E) November 14, 2011 Page 30f6 "Overnight Parking" and adopting a new Section 2.05 (E) "Overnight Parking"; amending Section 2.01 "Definitions" as necessary, providing for a penalty; and providing an effective date as amended. Motion failed 2-4-0 with Mayor Pro Tem Hoover and Council member Strother voting for and Mayor White and Council members Rose, Tiffany and Cantrell voting against. Motion made by Council member Cantrell, seconded by Council member Tiffany to approve Ordinance 2011-39 Version B amending Article 2 Entitled "Traffic And Vehicles" of Chapter 10 Entitled "Public Safety" of the Code Of Ordinances of the Town of Trophy Club, Texas by repealing Section 2.05 (E) "Overnight Parking" and adopting a new Section 2.05 (E) "Overnight Parking"; amending Section 2.01 "Definitions" as necessary, providing for a penalty; and providing an effective date as amended. Council member Rose proposed an amendment to the current motion, to remove the wording "Any Motor Vehicle parked as permitted by this section shall be parked in front of the residence for which the temporary permit has been issued in such a manner as not to obstruct access to the private driveways of neighboring residents." from Section E.4; amendment died for lack of second. Motion carried 4-2-0 with Mayor White and Council members Tiffany, Cantrell and Strother voting for and Mayor Pro Tem Hoover and Council member Rose voting against. 11. Consider and take appropriate action regarding a Resolution casting the Town's allocated votes (18) for a candidate to serve as a member of the Denton Central Appraisal District Board of Directors; and providing an effective date. Motion made by Council member Cantrell, seconded by Mayor Pro Tem Hoover to approve Resolution 2011-27 casting the Town's allocated votes (18) for Lourdes Hassler to serve as a member of the Denton Central Appraisal District Board of Directors; and providing an effective date. Motion carried unanimously. 12. Consider and take appropriate action regarding a Resolution casting the Town's allocated vote (1) for a candidate to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date. Motion made by Council member Tiffany, seconded by Council member Cantrell to approve Resolution 2011-28 vote (1) for David Averitt to serve as a member of the Tarrant Appraisal District Board of Directors; and providing an effective date. Motion carried unanimously. 13. Consider and take appropriate action regarding an Interlocal Agreement for Employee and Contractual Services between the Town of Trophy Club and TCMUD No.1 for Fiscal Year 2011- 2012, and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Gouncil member Rose, seconded by Mayor Pro Tem Hoover to approve an Interlocal Agreement for Employee and Contractual Services between the Town of Trophy Club and TCMUD No.1 for Fiscal Year 2011-2012, and authorizing the Mayor or her designee to execute all necessary documents as amended at the dais this evening. Motion carried unanimously. 14. Consider and take appropriate action regarding the regularly scheduled Town Council meetings for the month of January 2012. Motion made by Council member Cantrell, seconded by Council member Strother to have the following dates as Regular $ession Meetings in January 2012: Monday, January 9,2012 and Monday, January 23, 2012. Motion carried unanimously. November 14, 2011 Page 4 of6 15. Consider and take appropriate action regarding financial and variance report for October 2011. Motion made by Council member Cantrell, seconded by Council member Strother to approve the Financials dated October 2011. Motion carried unanimously. 16. Town Council Liaison Updates; discussion of same: -October 18,2011 -TC MUD No.1 Meeting -Council member Cantrell -November 8, 2011 -Parks & Recreation Board Meeting -Council member Tiffany Council member Cantrell updated the Council on the October 18, 2011 TC MUD No.1 meeting and Council member Tiffany updated the Council on the November 8, 2011 Parks & Recreation Board meeting. Both Council members addressed questions. No action taken, update only. 17. Town Manager Slye's update regarding the following; discussion of the same. -Strategic Plan Update -Traffic signal at Bobcat Boulevard and SH 377 Update -Regional Developer's Summit -Metroport Chamber of Commerce Town Manager Slye updated the Council and addressed questions. No action taken, update only. Town Council excused Town Attorney Patricia Adams and Town Secretary Shannon DePrater from the Strategic Planning Session scheduled for December 2 and 3, 2011. 18. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. -October 20, 2011 Metroport Cities Partnership Meeting -October 20, 2011 Emergency Preparedness Planning Council Meeting -October 21, 2011 Neighbor Helping Neighbor Meeting -October 27,2011 Byron Nelson High School Golf Team Breakfast -October 27,2011 NCTCOG Member Symposium and Luncheon: Focus on the Future -November 1, 2011 -Chamber Luncheon -November 4, 2011 -Heart of North Texas -November 5, 2011 -Independence East Grand Opening -November 9, 2011 -Northwest Communities Partnership Meeting -November 9,2011 -Baylor Grapevine Groundbreaking and Blessing Mayor White and Council members gave a brief update of the meetings they attended since the last Council meeting. No action taken, update only. 19. 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. 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, 211110) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4126110) November 14,2011 Page 50f6 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 1014110) 4. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 212412011) 5. Consider and take appropriate action regarding the creation of a "Going Green" initiative throughout the Town. (White, 2/2412011) 6. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/1812011) 7. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 51212011) 8. Consider and take appropriate action regarding ball park signage. (Cantrell, 61612011) 9. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 61612011) 10. Rewrite of Handbook for Elected and Appointed Officials, with projected completion date of February 15, 2012. (Rose/S/ye, 8/15/11) 11. 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, 8/1/2011) 12. 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, 911212011) 13. Schedule a strategic planning session (Strother, 9/1212011) Council member Cantrell asked that item 6 be added to the December agenda; Town Manager Slye stated the item does not need to be placed on an agenda, he just needs to send it to them and they will have his goals before Thanksgiving. Council member Cantrell asked Staff to look into 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. ADJOURN Motion made by Mayor Pro Tem Hoover seconded by Council member Rose to adjourn. Motion carried unanimously. Meeting adjourned at 9:35 p.m. I -t,ihaMIA1 q!Praiu: /Jy;l: 2& 1sbannon DePrater, -r:e n Secretary .connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas November 14, 2011 Page 6 of 6 Storm Water Program Updates Kelly Dillard, P.E., CFM Trey Shanks NOVEMBER 14, 2011 Storm water program update •Storm water studies review •Storm water utility fee recommendations •Supplemental grant funding opportunities 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/Iverness Pond and Drainage System •Cypress Court Channel Trophy Club Drive at Marshall Branch •Improvement Alternatives •Full Solution: Upstream and Downstream Grading + 500’ Bridge –Opinion of Cost $5.2 M •25-Year Return Event Solution –8 -12x10 MultiBox Culverts –Opinion of Cost $4.0 M total Skyline (Indian) Creek Channel Analysis •Channel Reconstruction –T.W. King to Golf Course –3500 Linear Feet –Crossing Upgrades at Greenleaf, Indian Creek and T.W. King –Opinion of Cost $5.9 M –Doesn’t include property acquisition or permitting Overhill/Timber Ridge Drainage System •Regrading of Existing Detention Pond on GC •Diversion along Skyline •Upsize Timber Ridge System •Opinion of Cost -$240,000 Fresh Meadow/Inverness Pond and Drainage System •Revise pond outfall for additional storm storage •Regrade Downstream Channel •Upsize Existing Storm Sewer Sizes and Inlets •Opinion of Cost -$451,000 Cypress Court Tributary •Preliminary Geomorphology •Issues are related to erosion, not capacity •Recommend Point Repairs •Maintain Natural Channel and Aesthetic Condition •Estimate of Construction Cost -$1.3 M Projects Summary •Trophy Club Drive -$4.0 M -$5.3M •Cypress Court -$1.3 M •Inverness/Fresh Meadow -$0.45 M •Timber Ridge –$0.24 M •Indian Creek -$5.90 M •TOTAL OPCC –$11.9M -$13.2 M 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 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.) Storm water utility recommendations •Increase fee from $3.00 to $6.00 per month to fund identified storm water capital projects –Trophy Club Drive -$4.0 M -$5.3M –Cypress Court -$1.3 M –Inverness/Fresh Meadow -$0.45 M –Timber Ridge –$0.24 M –Indian Creek -$5.90 M –TOTAL OPCC -$11.9M -$13.2M •Revise rate structure to enhance equitability –Remove declining block rate for non-residential –Calculate non-residential fees on a site-specific basis 18 Fee structure •Nondiscriminatory •Reasonable •Equitable •Directly related to drainage service Less administrative burden More administrative burden Less equitable More equitable Site-by site ratesTiered ratesFlat rate Capped rate 19 Basis for proposed storm water utility fee structure adjustment 20 Storm Water Utility Category Rate Relative to Residential Residential 100% No n -re s i d e n t i a l 0 -10,000 sq ft 210% -500% 10,001 –50,000 sq ft 50% -260% 50,001 -100,000 sq ft 35% -70% 100,001 –200,000 sq ft 20% -40% 200,001 –400,000 sq ft 13% -25% 400,001 –3,000,000 sq ft 2% -15% Basis for proposed storm water utility fee structure adjustment 21 Property Type % of Storm System Use (Impervious Area) % of Storm Water Utility Revenue Residential 67%87% Commercial 11%5% School District 14%3% Town 3%3% Church 2%1% Multi-Family 3%1% Total 100%100% Proposed fee structure approach •Fee based on impervious area •ERU –equivalent residential unit –3,500 square feet impervious area •Count of ERUs –3,108 Residential –1,493 Non-Single Family Residential 22 Revenue based on rate structures 23 Category Existing $3.00 Rate Existing Structure Proposed $6.00 Rate Existing Structure Proposed $6.00 Rate Proposed Structure Residential $111,900 $223,800 $223,800 Commercial $7,100 $14,200 $37,100 School District $3,700 $7,400 $45,500 Town $3,200 $6,400 $9,500 Church $1,400 $2,800 $5,700 Multi-Family $1,000 $2,000 $8,500 Total $128,300 $256,600 $330,100 Services at rate options •Current ($3.00) fee –$100,000 for staff and equipment –$28,000 for studies and projects –$128,000 annual revenue •Proposed ($6.00) fee –$100,000 for staff and equipment –$166,000 for studies and projects –$256,000 annual revenue •Proposed ($6.00) fee + proposed (site-specific) structure –$100,000 for staff and equipment –$230,000 for studies and projects –$330,000 annual revenue 24 Grant funding opportunities Hazard Mitigation Grant Program •FEMA grant managed by Texas Division of Emergency Management –Prepare Hazard Mitigation Action Plan (HMAP) –Buyouts (HMAP required) –Structure elevation (HMAP required) –Localized flood projects (HMAP required) •25% local / 75% federal match •Can be authorized following a Presidential Disaster Declaration •Currently available due to wildfires (FEMA-4029-DR) •Process / Timeline –December 2, 2011 Submit Notice of Interest to TDEM –January 2012 Selected applicants requested to submit application –March 23, 2012 Grant applications due to TDEM –Summer? 2012 FEMA selects award recipients –3 years to complete project 25 Grant funding opportunities Flood Protection Planning Grant •Texas Water Development Board grant –Watershed studies •50% local / 50% State match •Annual program –January deadline •Multi-jurisdiction applications get bonus points! •HMAP not required •Process / Timeline –January 11, 2012 Submit Notice of Interest to TDEM –March/April 2012 TWDB selects award recipients –2 years to complete study 26 Storm Water Program Updates November 2011 Kelly Dillard, P.E., CFM Trey Shanks