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Minutes TC 11/04/2013MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, November 4, 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, November 4, 2013. 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 Greg Lamont Council Member, Place 5 Danny Mayer Council Member, Place 4 Bill Rose Council Member, Place 1 TOWN COUNCIL MEMBERS ABSENT: Jeannette Tiffany Mayor Pro Tem, Place 2 Clint Schroeder Council Member, Place 3 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Tammy Ard Town Secretary Patricia Adams Town Attorney April Reiling PIO/Marketing Manager Danny Thomas Fire Chief Scott Kniffen Police Chief Steven Glickman Finance Director Mayor White announced the date of November 4, 2013, called the Town Council to order and announced a quorum at 6:10 p.m. WORKSHOP SESSION 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for November 4, 2013. 2. Discussion of proposed agenda items for the November 18, 2013 Regular Session Agenda. CONVENE INTO REGULAR SESSION - START TIME — 6:30 P.M. The Invocation was offered by Fire Chief Danny Thomas. The Pledges were led by Town Manager Mike Slye. 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. Pam Sellers with North Texas Children's Charities addressed the Council and thanked the Town for the support during the 2013 North Texas Bicycle Rally. Pam also request that the Town partner with the group next year for the Family Fun Ride (bike rodeo) to help offset expenses. Already scheduled for next year is the North Texas Bicycle Rally for October 11, 2014 at Byron Nelson High School. Please visit their website www.bicyclerally.org for additional information. 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. 3. Consider and take appropriate action regarding the Minutes dated September 23, 2013. 4. Consider and take appropriate action regarding the Minutes dated October 7, 2013. S. Consider and take appropriate action regarding the Minutes dated October 21, 2013. Motion made by Council Member Rose, seconded by Council Member Mayer, to approve the Consent Agenda as corrected at the dais. Motion carried 4-0-2. Motion passed unanimously. REGULAR SESSION Consider and take appropriate action regarding terms of agreement with Elizabeth Goodson for Trophy Club Farmers Market and authorizing the Town Manager to negotiate and execute a contract reflecting those terms and other necessary provisions. Council Member Mayer read a letter from Mike and Jeanne Buck, 2401 Lilyfield Drive outlining their concerns regarding the farmers market and requesting this item be tabled until further research can be done. Tracey Hunter, 19 Monterey Drive, addressed the Council regarding the Famer's Market listing the items according to HB970 that are not allowed be sold at farmer's market. Also believes the Famer's Market should be held behind the roundabout. Julie Foley, 2407 Lilyfield Drive, addressed the Council regarding the farmer's market. Concerned with the noise, trash and everything about holding the Farmer's Market in the Community Pool parking lot, would support the Farmer's Market in a different location. Scott Foley, 2407 Lilyfield Drive, addressed the Council regarding support of the others supporting the farmer's market being tabled until more locations are vetted. Jim Parrow, 8 Brookfield Court, addressed the Council in support of the farmer's market being tabled until a more suitable location (away from homes) is identified. The Parks & Recreation Director provided an overview of the locations (public properties) vetted for the Farmer's Market. Staff added Indy East as a possible alternative parking lot location and indicated that there are several power sources around the parking lots, reducing the need for generators. The Health Inspector would review the contract to ensure all food and drink items were allowable by state law. November 4, 2013 Minutes Page 2 of 6 Motion made by Council Member Lamont, seconded by Council Member Mayer to table this item until further research can be done on alternate sites. Town Manager Slye asked that the Council amend their motion to state not on public property. Mayor White expressed her concerns regarding giving this a try for four weeks. Motion withdrawn. Motion made by Council Member Lamont, second by Council Member Mayer to table that the pool & Harmony Park are not acceptable locations and would like the farmer's market on private property. Motion carried 2-2-2 with Council Member Rose & Mayor White in favor and Council Member Lamont & Council Member Mayer in opposition. Motion failed. No action taken. 7. Consider and take appropriate action regarding a Final Plat of Neighborhood 7, Phase 3C, of The Highlands at Trophy Club, an approximate 31.487 acre tract of land, consisting of 107 residential lots and 4 open space lots. Applicant: Peloton Land Solutions on behalf of High Trophy Development, I.I.C. A. Consider and take appropriate action regarding a Subdivider's Agreement between the Town and High Trophy Development, LLC., for Neighborhood 7, Phase 3C of The Highlands at Trophy Club, an approximate 31.487 acre tract of land; and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council Member Rose, seconded by Council Member Mayer, to approve the Final Plat of Neighborhood 7, Phase 3C, of The Highlands at Trophy Club, and the subdivider's agreement authorizing the Mayor or her designee to execute all necessary documents. Motion carried 4-0-2. Motion passed unanimously. 8. Consider and take appropriate action regarding a Final Plat for Neighborhood 4, Isle of Turnberry, of The Highlands at Trophy Club, an approximate 10.783 acre tract of land, consisting of 14 residential lots and 4 open space lots. Applicant: Corwin Engineering, Inc. on behalf of Standard Pacific of Texas, Inc. A. Consider and take appropriate action regarding a Subdivider's Agreement between the Town and Standard Pacific of Texas, Inc., for Neighborhood 4, The Isle of Turnberry of The Highlands at Trophy Club, an approximate 10.783 acre tract of land; and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council Member Rose, seconded by Council Member Mayer, to approve Final Plat for Neighborhood 4, Isle of Turnberry, of The Highlands at Trophy Club and the Subdivider's agreement that goes with it. Motion carried 4-0-2. Motion passed unanimously. Consider and take appropriate action regarding a request for approval of a revised Site Plan to add a monument sign to Planned Development No. 23 (PD -23), Trophy Club Medical Plaza. Applicant: Richard Brown, Chandler Signs, LP, LLC on behalf of the property owner, HCP CRS1 Trophy Club TX, I.P. Motion made by Council Member Rose, seconded by Council Member Mayer, to approve the revised Site Plan to add a monument sign to Planned Development No. 23 (PD -23), Trophy Club Medical Plaza. Motion carried 4-0-2. Motion passed unanimously. November 4, 2013 Minutes Page 3 of 6 10. Consider and take appropriate action regarding appointees serving on the PID Water and Wastewater Operational Services Council Subcommittee; provide update regarding first meeting between Town and MUD1 subcommittee; consider and take appropriate action regarding same. Motion made by Council Member Mayer, seconded by Council Member Rose, to approve Council Member Rose replace Council Member Schroeder and appoint Mayor White as representative to join Council Member Mayer to the PID Water and Wastewater Operational Services Council Subcommittee. Motion carried 4-0-2. Motion passed unanimously. 11. Consider and take appropriate action regarding a Resolution of the Town Council casting its one allocated vote for a person to serve as a member of the Tarrant County Appraisal District Board of Directors; and providing an effective date. Motion made by Council Member Mayer seconded by Council Member Rose, to vote for David Averitt to serve as a member of the Tarrant County Appraisal District Board of Directors and approve Resolution 2013-31. Motion carried 4-0-2. Motion passed unanimously. 12. Consider and take appropriate action regarding a Resolution of the Town Council casting its twenty-one (21) allocated votes for a person or persons to serve as a member of the Denton County Appraisal District Board of Directors; and providing an effective date. Motion made by Council Member Rose, seconded by Council Member Lamont, to approve Resolution 2013-32 casting our twenty-one (21) allocated votes for current Vice Chairman, John Mahalik. Motion carried 4-0-2. Motion passed unanimously. 13. Consider and take appropriate action to provide topics and questions as requested by the Governance Sub - Committee of the Blue Ribbon Panel. Mayor White noted that we no longer need to address this item, as the Blue Ribbon Panel has indicated they are making progress. No action taken. 14. Town Manager Slye's update regarding the following; discussion of same. - Election Update - Toys for Tots Collection - Roanoke Food Pantry Food Drive - Bocce Ball Courts - Ribbon Cutting, Saturday, November 9th - HR Update Town Manager Slye updated the Council and addressed questions; no action taken, update only. 15. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Northwest ISD Strategic Plan - Heart of North Texas Business Conference November 4, 2013 Minutes Page 4 of 6 - 35W Coalition Membership Meeting - Urban Shield Mayor White and Council Members updated the Council and addressed questions regarding meetings attended; no action taken, update only. 16. 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. No changes were made to the list. EXECUTIVE SESSION 17. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2). "Consultation with Attorney" to consult with its 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: Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. (B) Texas Government Code Section 551.071(2) "Consultation with Attorney" and Texas Government Code Section 551.072 "Deliberations about Real Property" to consult with its 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 and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Drainage easements for Indian Creek Project (2) Negotiations with property owners and potential condemnation action to obtain necessary drainage easements for the property at 31 Creekmere Drive and 32 Edgemere Drive. CONVENE INTO EXECUTIVE SESSION - START TIME — 8:15 P.M. RECONVENE INTO REGULAR SESSION - START TIME — 9:14 P.M. RECONVENE INTO REGULAR SESSION 18. Consider and take appropriate action regarding the Executive Session. No action taken. 19. Consider and take appropriate action regarding a Resolution of the Town Council declaring the necessity to acquire a drainage easement to 0.007 acres (292 square feet) of land being Lot 1270 of Trophy Club, Section 10, an addition to the Town of Trophy Club, Denton County, Texas according to the plat recorded in Volume B, Page 189 Plat Records, Denton County, Texas for drainage expansion/reconstruction and associated drainage uses; authorizing the Town Manager to take all necessary actions to retain necessary experts and November 4, 2013 Minutes Page 5 of 6 acquire the needed property rights if purchase negotiations are not successful, including instituting condemnation proceedings. Property Address (31 Creekmere Drive, Trophy Club, TX) Motion made by Council Member Mayer, seconded by Council Member Lamont, to approve Resolution 2013-33 & direct the Town Manager to negotiate with the property owner at 31 Creekmere Drive and that the Town Manager negotiate with an offer of payment for the value of the property & damage to the remainder, for the cost of replacing the "J" driveway and installation of an 8' privacy fence and proceed with condemnation if agreement cannot be made. Motion carried 4-0-2. Motion passed unanimously. ADJOURN Motion made by Council Member Mayer, seconded by Council Member Rose, to adjourn. Motion carried 4-0-2. Motion carried unanimously. Meeting adjourned at 9:15 p.m. Tammy Ard, Town Secretary Town of Trophy Club, Texas Connie White, Mayor Town of Trophy Club, Texas November 4, 2013 Minutes Page 6 of 6