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Minutes TC 02/25/2013MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 25,2013 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, February 25, 2013. The meeting was held within the boundaries of the Town and was open to the public. ST ATE 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 Shannon DePrater Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief April Reiling PIO/Marketing Manager Michael Aguilera Finance Director Carolyn Huggins Community Development Director Mayor White announced the date of February 25, 2013, call the meeting to order and announce a quorum at 6:00 p.m. WORKSHOP SESSION 1. Recognition of Town Secretary, Shannon DePrater; discussion of same. Town Manager Mike Slye presented Town Secretary Shannon DePrater with a plaque for her service to the Town of Trophy Club for the last twelve years. Northwest Communities Partnership Chair Sally Michalak also presented Town Secretary Shannon DePrater with a plaque for her service to the Northwest Communities Partnership for the last two years. 2. Consider and provide direction regarding draft ordinance permitting the operation of golf carts on streets in Trophy Club. Town Manager Slye stated that this item was brought forward to the Council to review the draft ordinance prior to scheduling a Town Hall meeting. The Council discussed the draft and provided direction to Staff. The Town Manager stated they will tentatively schedule the Town Hall meeting for the first week in April. 3. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 25, 2013. No discussion. 4. Discussion of proposed agenda items for the March 4, 2013 Regular Session Agenda. No discussion. Mayor White called a short break. CONVENE INTO REGULAR SESSION· START TIME -7:02 P.M. The Invocation was offered by Council member Tiffany. The Pledges were led by Council member Bill Rose. 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 February 4, 2013. 6. Consider and take appropriate action regarding the Minutes dated February 7-8,2013 (Council Retreat). 7. Consider and take appropriate action regarding the Minutes dated February 14, 2013 (Special Session). 8. Consider and take appropriate action regarding a Resolution to approve the application for continued funding of the Drug Interdiction and Juvenile Resource Program Grant through the Criminal Justice Division of the of the Office of the Governor, Criminal Justice Division; and providing an effective date. 9. Receive Racial Profiling Report; discussion ofsame. Motion made by Council member Schroeder, seconded by Council member Rose. to approve the Consent Agenda as presented. Motion passed unanimously. CONVENE INTO PUBLIC HEARING A T 7:05 P.M. PUBLIC HEARING 10. Public Hearing to consider the proposed two-year Budget Plan and proposed two-year Crime Control Plan for a Crime Control and Prevention District. Temporary Crime Control and Prevention District Chair Dena Boudreau addressed the Council and provided a brief history of the Board's process over the last couple of months and introduced the directors in attendance. Director Tim Gamache gave a Presentation to Town Council and residents highlighting the Temporary Board progress, proposed two-year Budget Plan and proposed Crime Control Plan. No citizens address the Council. 11. Public Hearing to consider a request for approval of an amendment to Ordinance No. 99-17 P&Z, the same being Planned Development No. 21 (PD.21), Plaza Shopping Center, to allow an increase to the size of monument signs. The applicant is CS Realty on behalf of RandallsrTom Thumb. Community Development Director Carolyn Huggins presented the Council with a brief overview of Planned Development No. 21 and then introduced Mr. Ron Yeary, CS Realty, who presented an overview of the proposed Site Plan and the monument signs. No citizens address the Council. RECONVENE INTO REGULAR SESSION A T 7:55 P.M. REGULAR SESSION 12. Consider and take appropriate action regarding a request for approval of a Site Plan for a Tom Thumb Fuel Center, Highway 114 and Trophy Lake Drive in the Plaza Shopping Center, Planned Development No. 21. Motion made by Council member Rose, seconded by Council member Tiffany, to amend the Site Plan to allow the LED fuel stations to be located on the north elevation to the front edge along Trophy Lake Drive to allow a LED sign be placed on the west edge of the south elevation of the canopy and on the east canopy elevation to have one LED gas price sign be placed at the applicant's preference. Council member Rose withdrew his motion; council member Mayer seconded. Motion made by Council member Rose, seconded by Tiffany, to approve the Site Plan with the following amendment -that the applicant be allowed to place a LED signage similarly sized as currently depicted on the north canopy elevation, another sign on the south canopy elevation and one the one the east canopy elevation at the location of their choosing. Motion carried unanimously. 13. Consider and take appropriate action regarding a request for approval of an amendment to Ordinance No. 99-17 P&Z, the same being Planned Development No. 21 (PD-21), Plaza Shopping Center, to allow two monument signs to increase in size. The applicant is CS Realty on behalf of Randa IIsrTom Thumb. (PD-AMD-13-039) Motion made by Council member Rose, seconded by Council member Tiffany, to approve Ordinance No. 2013-05 P&Z, the same being Planned Development No. 21 (PD-21), Plaza Shopping Center, to allow two monument signs to increase in size. Motion passed unanimously. 14, Brief to Council regarding condition of Police Department Building; consider and take appropriate action regarding remediation and future plans for housing Police. Town Manager Slye explained the items of consideration of moving the Police Department; he requested direction and action from the Council as to what to do with the existing building. Slye recommends using insurance monies to remove the existing building, cleaning up the soil and place a new rented temporary building on the site until a permanent solution is found. Motion made by Council member Mayer, seconded by Council member Tiffany, to set aside the insurance funds and to raise the building and to reclaim the land environmentally. Motion carried 5-1-0 with Mayor Pro Tem Strother and Council members Rose, Tiffany, Schroeder and Mayer voting for and Mayor White voting against. 15. Submission of the Crime Control and Prevention District adopted two-year Budget Plan to the Town Council; consider and take appropriate action regarding the CCPD approved two-year Budget Plan and approved two-year Crime Control Plan. Motion made by Council member Schroeder, seconded by Council member Rose, to accept the CCPD approved two-year Budget Plan and the CCPD approved two-year Crime Control Plan. Motion passed unanimously. 16. Consider and take appropriate action regarding the May 11, 2013 General Election and Special Elections: A. Consider and take appropriate action regarding a proposed Charter amendment to add one Councilme mber. Motion made by Council member Schroeder, seconded by Council member Rose, to approve the charter amendment of the addition of one Council member. Motion carried 4-2-0 Mayor White and Council members Rose, Schroeder and Mayer voting for and Mayor Pro Tem Strother and Councilmember Tiffany voting against. B. Town Secretary certification of sufficiency for Citizen Petition for a Proposed Charter Amendment for the creation of a Ways and Means Committee; Council to consider and provide direction regarding items on the May 2013 ballot and election ordinance. Greg Lamont, 15 Avalon Drive addressed the Town Council thanked the volunteers and resident, asked Council to reconsider the petition. Town Secretary DePrater provided the Town Council with a certification of sufficiency for the Citizen Petition for a Proposed Charter Amendment for the creation of a Ways and Means Committee. Discussion only, no action taken. Certification of Sufficiency included in the Minutes. C. Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a General Election to be held on May 11, 2013 for the purpose of electing one (1) Council Member to Place #5 for a three year term; and ordering and calling a Special Election to be held on May 11, 2013 for the purpose of submitting to the voters a proposition for the termination/dissolution of the Trophy Club 4A Economic Development Corporation and the associated one-fourth of one percent sales and use tax; for the purpose of placing on the Town's ballot a proposition for the creation of the Trophy Club Crime Control and Prevention District and the adoption of a local sales and use tax at a rate of one·fourth of one percent; and for the purpose of submitting to the voters various proposed amendments to the Town's Home Rule Charter; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Motion made by Council member Rose, seconded by Council member Mayer, to approve Ordinance 2013·06 utilizing the second whereas and eliminating the first whereas as stated on page 3, ordering and calling a General Election to be held on May 11, 2013 for the purpose of electing one (1) Council Member to Place #5 for a three year term; and ordering and calling a Special Election to be held on May 11, 2013 for the purpose of submitting to the voters a proposition for the termination/dissolution of the Trophy Club 4A Economic Development Corporation and the associated one-fourth of one percent sales and use tax; for the purpose of placing on the Town's ballot a proposition for the creation of the Trophy Club Crime Control and Prevention District and the adoption of a local sales and use tax at a rate of one-fourth of one percent; and for the purpose of submitting to the voters various proposed amendments to the Town's Home Rule Charter; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Motion passed unanimously. 17. Consider and take appropriate action regarding financial and variance report dated January 2013. Motion made by Mayor Pro Tern Strother seconded by Council member Mayer. to approve the financial and variance report dated January 2013. Motion passed unanimously. 18. Town Council Liaison Updates; discussion ohame: • February 12, 2013 Parks &Recreation Board; Council member Schroeder Council member Schroeder updated the Council and addressed questions; no action taken, update only. 19. Town Manager Slye's update regarding the following; discussion of same. • February 6, 2013 Neighborhood Meeting • Denton County Day • Joint Meeting with TCMUD1 scheduled for March 5, 2013 • Econom ic Development Corporation 4A • Audit Committee 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. • February 5, 2013 Chamber Monthly Luncheon • February 13,2013 Northwest Communities Partnership Board Meeting • February 15, 2013 North Tarrant Transportation Summit • February 21,2013 Metroport Cities Partnership Meeting • February 21,2013 Emergency Preparedness Planning Council Meeting • February 21,2013 TML Region VIII Quarterly Meeting Mayor White and Council members updated the Council and addressed questions regarding meetings attended; no action taken, update only. 21. 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 Dn1ling 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, 6/6/2011) 7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/612011) 8. 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) 9. 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) 10. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell, 51712012) 11. Review of #10 of Chapter 8 "Nuisances", Article I "Noise Nuisances", Section 1.01 "Nuisances Defined" (Schroeder, 612112012) 12. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder, 812012012) 13. Consider and take appropriate action regarding input from Staff regarding the creation of a 'PID Board' (Mayer, 912412012) 14. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White, 112112013) Town Manager Slye asked Mayor Pro Tem Strother if item 8 could be deleted; Strother was agreeable to remove the splash pad and hear options at a later date. EXECUTIVE SESSION 22. A. Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Town Secretary Employment Agreement with Ms. Amy Piukana B. 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 -9:25 P.M. RECONVENE INTO REGULAR SESSION -START TIME -10:43 P.M. RECONVENE INTO REGULAR SESSION 23. Consider and take appropriate action regarding the Executive Session. Motion made by Mayor Pro Tem Strother, seconded by Council member Mayer, to direct the Town Manager to engage in an employment agreement for the new Town Secretary as discussed in Executive Session. Motion passed unanimously. ADJOURN Motion made by Council member Mayer, seconded by Council member Rose, to adjourn. Motion carried unanimously. Meeting a 'ourned at 10:44 p.m. onnie White, Mayor Town ofTrophy Club, Texas