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Minutes TC 08/21/2006MINUTES OF WORK SESSlONlPUBLlC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 21,2006 6:30 P.M. STATE OF 'TEXAS 5 COUNTY OF DENTON 5 The Town Council of the Town of Trophy Club, Texas, met in a Work SessionIPublic Hearing and Regular Session on Monday, August 21, 2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Roger Williams Pam Cates Susan Edstrom Gregory Lamont Philip Sterling STAFF AND GUEST(S) PRESENT: Brandon Emmons Roger Unger Lisa Ramsey Patricia Adams J Beth Ann Gregory Adam Adams Tom Shehan Danny Thomas Mike Pastor Kerin Fleck Joe Villa Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Finance DirectorIAssistant Town Manager Town Secretary Town Attorney Community Development Director Parks and Recreation Director Police Sergeant Acting Fire Chief IS Manager Planning Coordinator Streets Superintendent A.l Mayor Sanders called the Regular Session to order at 6:34 p.m. noting a quorum was present. A.2 Work Session: (6:30 P.M. - 7:00 P.M.) Discuss and review items posted on the August 21 Agenda with emphasis on Street Bonds Beth Ann Gregory introduced Joe Villa, Streets Superintendent, and the following members of the Public Works Advisory Group; George Gearner, Rick Cally and Glen Strothers. Brandon Emmons stated that the purpose of workshop was to present options. Currently there is 3.2 million dollars leftover from the initial bond project. Emmons said that the Town Council could issue all of the remaining bonds into two separate issuances. Projected interest rates would take 5% years to break even if separate issuances were issued as opposed to all at once. The expected total build out would be 2% to 3 years. Beth Ann Gregory presented four recommendations as determined by the Public Works Advisory Group. The Town Council reconvened into regular session on 7:10 P.M. 1 A.3 Mayor Sanders gave the invocation A.4 Council member Lamont led the pledges. I-' A.5 Presentation to Town Council from Dan Leal, Executive Director of the Children's Advocacy Center for Denton County and comments from Council members. Dan Leal, Executive Director of the Children's Advocacy Center for Denton County introduced Vicky Hardy, Principal of Lakeview Elementary and a Board of Director for the Children's Advocacy Center. Mr. Leal explained that Children's Advocacy Center is one of 61 centers in Texas. The Center partners with Denton Law Enforcement Offices, Child Protective Services, District Attorney's Office, a team of nurses and their staff on the investigation and prosecution of severe child abuse cases. Approximately 92% of the children seen at the Advocacy Center are victims of child sexual abuse. The Trophy Club Police Department and Child Protective Agencies make referrals to the Advocacy Center to the non-offending family members. The Advocacy Center provides free individual and group counseling, play therapy and crisis intervention programs. IMr. Leal stated that the Advocacy Center's mission is to provide justice and healing to victims and families through the whole process. I B.l Discuss and take appropriate action relative to a request for Temporary Use Permit for a Christian Music Festival on 9 September 2006 at 101 Trophy Club Drive, Fellowship Methodist Church. (Applicant: Don Ragan) The applicant, Mr. Ragen addressed the Council, stating that they have booked 7 Christian bands, that sound will be directed toward the street and that the Becks have agreed to allow the overfull parking. Mayor Sanders asked if the neighbors in the back have been contacted. Mr. Ragen said that church members would be talking to these homeowners so that they are aware of the event. Mayor Sanders commented that the P & Z Commission approved of the request for Temporary Use Permit on August 3,2006. Motion made by Cates, seconded by Edstrom to approve the Temporary Use Permit. Council member Sterling supports this and believes this to be a good outreach function. Sterling suggested that the Town not charge for the permit fee since it is a non-profit organization. Kerin Fleck said that the fee is around $25 and does not think that we should waive this for anyone. Mr. Ragan offered that according to the Permit Department, the fee is $35.00, and that they do not have any problem paying for the permit. Motion passed unanimously without further discussion B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Brandon Emmons presented the following: Administration: Due to the Labor Day Holiday, Town Offices will be closed on Monday, September 4th. The regularly scheduled Town Council meeting has been moved from September 4th to September 1 lth Town Council is scheduled to makes appointments to the Town's Boards and Commissions at the September 1 lth meeting. Community Development: Storm Sewers - We have completed the lnverness Storm Drain reconstruction project. The contractor will be performing final cleanup this week. Streets - A contractor will begin sweeping the main roads in Town this week. Finance: Public Hearing Town Council will conduct a Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2006 to September 30, 2007 at their September 1 lth meeting. Police and Fire Services: Fire Services Master District approved the purchase of a fire truck. Council member Cates clarified that only the engine was approved and that there is a six month residency requirement for citizens wishing to serve on a Board or Commission. Roger Williams requested that the word increase be removed from the Public Hearing for the Budget and proposed tax rate as is confuses the citizens. Brandon Emmons explained that the State requires that any time the tax rate is altered, even if only the property values increase, it has to be advertised as a tax rate increase, we have to advertise as a tax rate increase as their values may increase. B.3 Citizen presentations. Bob Radder - 1 Lee Court, questioned if this was the list that was originally presented and voted on for the 2001 Bond issue, as Timberline is not listed and it was not listed on the original Bond issue. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING AT 7:37 P.M. PUBLIC HEARING C.l Public Hearing: a. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at Trophy Club, to amend the list of permitted uses for Tract 3 (Vacant Lot) to allow a restaurant with drive-thru, Applicant: Jeff Platt, Taco Bueno, (Case No. PDAMD-06-022). b. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at Trophy Club, to approve a Site Plan and related modifications for Tract 3, Applicant: Jeff Platt, Taco Bueno, (Case No. SP-06-005). Brandon Emmons introduced the applicant, Jeff Platt, Taco Bueno representative and Gene Hill, P & Z Commissioner Chairman. Jeff Platt introduced John Miller, President of Taco Bueno and commented that Taco Bueno is celebrating their 4oth ~nniversar~ this year and has over 75 restaurants in this market and would love to have one in this market. Mr. Miller said that they would present information requesting that the Council consider their amendments to allow a drive through restaurant. Mr. Miller advised that Taco Bueno averages about $1,200,000 per restaurant in this market, serving approximately 450 customers a day. Mr. Platt said that they selected this site after looking over the corridor extending from Southlake into Roanoke as it is in the center. Mr. Platt advised that they have preformed their due diligence and considered the resident's sensitivity and thus have made several concessions in respect. Platt explained that the building has been moved away from the residents, the dumpster has been moved closer to the building, the menu board and drive through have been moved as well, all to reduce the noise level. Platt advised that shrubs and a screened fence have been added to buffer the car lights and noise. The speaker panel is within 18 inches from the car. Platt spoke to the traffic control and that they like this location due to the traffic coming off of 114 and convenience to 7-1 1. Platt addressing the site lighting, stating that they intend to have poles with shoebox lights so that the light will shine down. Mayor Pro Williams clarified that the distance from the back line property to the sound fence is 90 to 100 feet. Mayor Sanders understood that the speaker decimal level does not exceed the Ordinance. Kerin Fleck explained that the Town does not have an Ordinance mandating decimal level other than for gas drills. Council member Cates commented that this will generate a lot of traffic and questioned what traffic studies have been preformed. Mr. Miller commented that with the two main entrances from 114, a low estimate would be 220 and a high of 300. From their experience with the 150 Taco Buenos, considering the Town's density, they expect 240 - 250 cars per day. Council member Cates asked why the other entrance was not selected. Miller advised that the best location and the most logical space is in Roanoke, in front of the retail, but that this is better proximity. Mayor Pro Tem Williams confirmed their business hours are 10:OO a.m. to 11:OO p.m. Council member Edstrom suggested that Taco Bueno consider the track to the east by the hospital, as the visibility would be better. Luther Bruce, 11 15 Sunset Drive, Trophy Club - Spoke against Taco Bueno and submitted a petition in opposition with 31 names. Bruce does not oppose a restaurant being built, only a drive through. Mayor Pro Tem Williams advised that this area has been zoned for commercial since 1996 and that the citizens should have asked about it prior to buying there homes. David Glaser, 15 Overhill Drive, Trophy Club - Spoke against Taco Bueno, stating that the most visible area in Trophy Club is this vacant lot, which is zoned for a restaurant, not a drive though and that the parking area planned will increase the traffic issues. Kathleen Wilson, 34 Meadowbrook Lane, Trophy Club - Spoke against Taco Bueno, requesting that the Town Council remember what the conception of Trophy Club boasted, a retirement community. Wilson is also concerned with that this will only compound the current traffic issues. George Roberson, 306 Skyline Drive, Trophy Club - Spoke against Taco Bueno and remarked that he hoped that the Council had not already come to a decision. Margi Cantrell, 1105 Sunset Drive, Trophy Club - Spoke in favor of Taco Bueno, stating that the Town has less than 10% of commercial available and need ways generate revenue. Cantrell requested that the residents keep in mind that Town services and amenities are not free. David White, 11 18 Sunset Drive, Trophy Club - Spoke against Taco Bueno, stating that he lives directly behind the 7-1 1 and is concerned about the sound level and traffic issues. Mayor Sanders read the following received from citizens' emails: Jack K. Pugh, Jr 21 Salida Drive Supports Kristine Christlieb 43 Cimarron Drive Supports Dave Glaser Catherine Dillon Jim Budarf Susan Flickinger Judy Williams The Pacheco Family David Ford Klista Loomis 15 Overhill Drive 27 Lakeview 547 Indian Creek 24 Hillcrest Court 214 Phoenix Drive 201 Clear Vista Drive, 4 Glen Eagles Court, 7 Timberline Court Against Against Supports Supports Supports Supports Supports Against James F. & Barbara Rogers 29 West Hillside Place Against Adele Harbuz - 18 Overhill Drive Opposes Steven Kohs Karen Passiak - R.C. "Bob Fair Mary Hampton Lynda Sanders Doug Wilson 18 Overhill Drive 18 Overhill Drive 306 Madeline Cove 1 Michelle Court 34 Meadowbrook Lane Michael and Michell Lawrence 32 Meadowbrook Lane Opposes Opposes Neutral Opposes Supports Opposes Opposes C.2 Public Hearing: a. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center, to increase the boundaries of PD-25; and by amending Exhibit "C", entitled "Development Standards" subsection A(l)(a) to increase the size of Tract 4 from approximately 1.5 acres to approximately 1.6 acres; and by increasing the size of Tract 5 from approximately 2.0 acres to approximately 2.801 acres, Applicant: David Johnston, Quanah Hospitality Partners, LP, (PDAMD-06- 023). b. Consider an amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center for Concept Plan approval of Tract 5, Applicant: David Johnston, Quanah Hospitality Partners, LP, (CP-06-002). c. Consider a Replat of Lots 1 and 2 in Block B of the Trophy Wood Business Center, Applicant: David Johnston, Quanah Hospitality Partners, LP, (RP-06-005). Rick Martin, representative from Quanah Hospitality Partners requested that the Council consider an amendment to PD-25 to increase the boundaries of the PD to include the .945 acreage to PD-25, which is the triangular tract of land which was not originally included in the boundaries of PD-25, or in the Final Plat of the Business Center approved in June 2006. Approximately ,787 acres will be added to Tract 5, and approximately ,167 acres will be added to Tract 4. Council member Cates questioned why Quanah wants to put the hotel in this plat with all the other areas available in this PD. Mr. Martin answered that they like the freeway frontage visibility and this plat moves the four- story hotel away from the residential community so that the residents do not have to worry about the hotel guests looking into their backyards. Council member Edstrom clarified that Quanah's intentions to combine the two sites was to produce a larger facility. Mr. Martin responded that the brand has two prototypes, one with 105 units and another with 12lunits, the 121 units is primarily being built in North Texas. The 121 unit prototype works better for Quanah financial module however; Tract 5 would only allow 105 units. Council member Edstrom questioned what their financial agreement requirements are within the financial ease for reinvestment of capital. Mr. Martin provided that Value Place has a very stringent quality assurance program and is required to put back 5% every year for capital improvement and replacement items. Mayor Sanders asked for Council questions on C.2.b. David Cunningham, 2172 Winding Creek, Grapevine - Advised the Council that he was attending for Mr. Stewart as he could not attend. Mr. Cunningham explained that this property would have originally been purchased and put in this PD had they known that it was in the Town of Trophy Club. At the time the PD was created, the land was believed to be owned by the City of Westlake. Subsequently, since the creation of PD-25 the Town and Westlake have determined that this land belongs to Trophy Club and requested that the Council, as a matter of the natural course, put the land back where it belongs. Mayor Sanders called on residents who signed up to speak to this item. Both Kathleen Wilson and George Roberson declined to speak. Margi Cantrell stated that she supports the hotel. C.3 Town Council to conduct a Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2006 to September 30,2007. Mayor Sanders announced that The Town Counc~l would be votirlg on the 2006-07 tax rate on September 18, 2006, during their Regular Session, which starts at 7:00 P.M. The meeting will be held here in the Council Chambers. Mayor Sanders clarified that the Town is not proposing a tax rate increase at this time, however the wording is dictated by the State of Texas and in essence states if the Tax Revenue increases the language has to be stated a certain way. The Revenue will increase as a result of property values increasing or more property; therefore it is considered a tax rate increase. No citizens addressed Council. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 8:26 P.M. "REGULAR SESSION D.l Discuss and take appropriate action relative to C. 1 : a. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at Trophy Club, to amend the list of permitted uses for Tract 3 (Vacant Lot) to allow a restaurant with drive-thru, Applicant: Jeff Platt, Taco Bueno, (Case No. PDAMD-06-022). b. Consider an amendment to Town Ordinance No. 95-20, the same being PD-13, The Village at Trophy Club, to approve a Site Plan and related modifications for Tract 3, Applicant: Jeff Platt, Taco Bueno, (Case No. SP-06-005). P & Z Chairman Hill advised that this issue was previously brought before Commission in August 2006. Hill recollected that PD-13 was brought before the Council in 1995 and was a very contentious item. Following a long series of discussion very stringent sets of criteria were placed on this PD to include very strict masonry and architecture criteria. At the August 2006 meeting the P & Z Commissioners discussed at length the amendments that would meed to be made for traffic entry flow, masonry requirements, monument design and window and door variances were brought up for a drive in restaurant. The Commission denied the request for amendment to PD-13 for a drive thru restaurant, by a vote of 4:3. Patricia Adams clarified that since the P & Z Commission denied this Zoning request, the Council would also need to address the items under D. 1 .b if they approve D. 1 .a. Motion made by Williams, seconded by Sterling to approve the amendments. Mayor Pro Tem Williams stated that we would have traffic issues regardless of the type of establishment. Williams remembered when this PD was approved as he was on the P & Z Commission and Chairman Hill was a member of the Town Council. There was a Petition with 1,000 names submitted against the 7- 11 and yet, some of those who signed it, now frequent the store for their services. Williams wished that Commission would have stood up and said that they did not want a drive through rather than blaming the noise level. Regardless of restaurant, we will have a noise and traffic issues. Williams is concerned that this PD will continue to sit vacant if a drive through restaurant is not approved. Council member Edstrom spoke that Wendy's was not approved for this PD due to HWY 114 not being complete. Edstrom took exception to Mr. Roberson's comment that the Council has already made their decision and added that she was one of the signatures on a petition against Wendy's. Edstrom continued that the noise level can be addressed, but not the traffic issues and encouraged Taco Bueno to work with the Council should this not be approved. Edstrom concluded that the demographics have significantly changed and encouraged the residents to go look at the 10% commercial area and is trying to weigh the benefits versus the negatives when considering the facts. Council member Cates appreciates that Taco Bueno wants to build in Trophy Club. Cates likes their design and does not have a problem with a drive through, but struggles with the traffic at this location. Cates wishes that they would consider other commercial properties in Trophy Club. Council member Lamont believes that a drive through at this location denigrates the Town and the entrance. Lamont drove through Southlake, on 1709 and 377 and commented that no drive through restaurants buffer up against a development or a resident's house, that they may front large commercial property but not within 90 feet of a residence. Council member Sterling said that this is a tough topic as Taco Bueno is good quality food. Sterling commends Taco Beuno for responding well to staffs suggestions. Sterling spoke to the residents concern of noise level and traffic congestion stating that the speaker volume will probably not be heard over the roar of the traffic on 114, especially once construction on 114 is complete; as it will only get louder. Sterling does object to the appearance at this location, but does not believe that it is economically healthy to turn down everything that is presented but would like to pursue an alternate. Mayor Sanders addressed Council member's Sterling's suggestion for a survey of the residents to determine what type of business they want at this location, stating that this is not feasible with staffing issues. Sanders commented that he has been in Trophy Club for 11 years, and moved in prior to the 7-1 1. Sanders said that the gazebo was there when they bought their home and gone when they moved in. Sanders addressed the ambient technology of the speaker volume and that Taco Bueno has not submitted a request to extend the hours past 11 :00 P.M. Sanders has driven by several Taco Buenos stating that commercial is usually on major thorough fares, which Trophy Club does not have. Sanders commented that we are limited with things that we can do and would prefer a sit down restaurant, but is in favor of Taco Bueno. Sanders said that his objection is the signage as all of his other concerns have been addressed. Sanders asked that the Town Engineers look into a median cut, which would allow a left turn from Trophy Club Drive into the Taco Bueno parking lot. Currently, one would need to go down and turn into the southern most entrance of the executive suites. The opinion of the Engineer was putting a median cut closer to the highway did not necessarily made things better as the median cut would have to go where the flag poles are located. Sanders and staff looked at the property value of Flower Mound, Southlake and Colleyville and based on the tax rolls of $400,000, this one would generate about $1,700.00 a year in ad valorem taxes to the Town, about $1,100.00 to taxes to the MUD and the sales tax dollars would generate about $22,000.00 a year in sales tax revenue. Sanders would like to address some of the resident's concerns of noise. Mayor Sanders addressed Mr. Roberson comments that Trophy Club Town Council has not discussed or debated this issue as it is against the law and his ethical standards. Sanders said that he has more knowledge than other Council members as he has worked closely with staff regarding this issue. Milton Smith, 1120 Sunset Drive, Trophy Club - Requested that the Council consider both the pollution and the music which will be coming from the cars sitting in the drive through. Kathleen Wilson, 34 Meadowbrook Lane, Trophy Club - Referenced the conception that Trophy Club is a retirement community as she is only 35 with a young family. She does not believe that this should negate the value of investments of residents who bought their homes over 20 years. Wilson does not want Trophy Club to become another Valley Ranch and requested that Council consider better alternatives. Mr. Miller spoke to the citizens and agreed that Trophy Club is a lovely community and one where they would like to be. Miller said that based on the resident's concerns, they respectfully withdrew that request to develop in this area. David White, 11 18 Sunset Drive, Trophy Club - Believes that we need to do what is best for Trophy Club and that there are better uses for this property other than a fast food restaurant. JD Harvey, 5 Sunrise Court, Trophy Club - Commented that as a resident of 12 years he has seen the same thing, applicants with-drawing their application to come into the Town, as the Town keeps holding out for something better. Harvey requested that we think about what we are asking businesses to do to become part of the Town and added that the residents need to prepare for higher taxes. Mayor Pro Tem Williams said that this is another instance where a few citizens say that they do not want it, so it will not happen. This lot has sat vacant for 10 years and if this continues, the tax rate will be increased potentially more than 10%. With the MUD and Town tax rate, Trophy Club is the second highest tax rate in the area. The tax rate increase will definitely drive people from Trophy Club. Williams removed his motion, the second agreed. Motion removed. Both Mayor Sanders and Mayor Pro Tem Williams apologized to Mr. Miller and Mr. Platt, thank them for their hard work and said that they would appreciate the opportunity to work with them in the future. D.2 Discuss and take appropriate action relative to C.2: a. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center, to increase the boundaries of PD-25; and by amending Exhibit "C", entitled "Development Standards" subsection A(l)(a) to increase the size of Tract 4 from approximately 1.5 acres to approximately 1.6 acres; and by increasing the size of Tract 5 from approximately 2.0 acres to approximately 2.801 acres, Applicant: David Johnston, Quanah Hospitality Partners, LP, (PDAMD-06- 023). b. An amendment to Town Ordinance No. 2002-41 P&Z, the same being PD-25, Trophy Wood Business Center for Concept Plan approval of Tract 5, Applicant: David Johnston, Quanah Hospitality Partners, LP, (C P-06-002). c. A Replat of Lots 1 and 2 in Block B of the Trophy Wood Business Center, Applicant: David Johnston, Quanah Hospitality Partners, LP, (RP-06-005). Motion made by Williams, seconded by Cates to approve the amendments under D.2.a. P & Z Chairman Gene Hill provided that this is just an incorporation and that is has been determined that it is in the boundaries of Trophy Club. Council member Edstrom stated that given the response that this was for the purpose of a larger facility she is not in support. Mayor Pro Tem Williams commented that this is the first opportunity to have something in the area, although it is not a IVlarriott we need to get started or nothing w~ll happen in the east area. Council member Lamont suggested that this proposed hotel is more consistent to a transient type of hotel and does not feel that it belongs in our area. Chairman Hill pointed out that Council should be addressing item A, not the concept plan. Mayor Sanders asked Mr. Cunningham to comment on expanding the PD only. Cunningham explained that the property is less than an acre with talk that it would be a liquor store when it was believed to be in Westlake. However, with the determination that it is in Trophy Club and now trying to be incorporated into a PD, allowing the Town certain architectural controls to gather a good product is a good thing. This PD specifically allows for three limited service hotels. The request to clean up this corner is for the betterment for the Town because it will allow the property to be mowed and maintained to become a tax paying entity. The room tax revenue that this will generate will cause the $23,000 that was just disapproved to pale. It is Cunningham's opinion that it would not be wise, to not approve the inclusion of this piece of property into the PD to allow this project to get going into a mode that was already agreed to two years ago that would allow them a service hotel. Council member Cates commented that a former Council passed this PD and providing it complies with the PD, the Council should not stop it. Cates feels that .9 acres is a small section of land and would not make much of a difference in the long term. Kerin Fleck answered Council members Edstrom that this land is not zoned for alcohol at this time, they could come in and zone for alcohol Patricia Adams clarified that allowing for a liquor store would require another vote. Motion passed 3:2; with Williams, Sterling and Cates voting for and Lamont and Edstrom voting against. Kerin Fleck advised that item ltem D.2.b. is for the approval of a concept plan for Tract 5. Mr. Cunningham advised that they are willing to invest up to five and a half million dollars in the development of the hotel. The Hotel is expected to generate gross tax revenue of approximately $100,000 that does not include local sales. The rooms would be sold by the week and would provide extended stay services. Currently this corridor does not have an extended stay motel and this area would be a good market. Miller advised that the hotel would run backgrounds on people to be sure that they are not checking in undesirables. Council member Cates questioned the length of stay. Mr. Miller answered that the minimum stay is one week arid that there is maximum stay, but averages three to five weeks with the client re-up every week. There is a property manager on site 24 x 7. Cates questioned if people could move in. Miller responded that this is not an apartment and does not have the amenities of an apartment. Mayor Pro Tem Williams questioned the average cost for one weeks stay. Miller explained that there are three different types of rooms, ranging from under 300 square feet to 320, options of one to two beds, and estimated about $230.00 a week. Council member Lamont acknowledged that the Value Place website has monthly rates. Miller advised that Value Place has monthly rate, however Quanah does not plan to have monthly rates. Council member Sterling is concerned with image and questioned if the size of all external monuments is the same. Miller said that all have to comply with local ordinances. Mayor Sanders pointed out that the discussion had moved away from the approval of the concept plan. Mayor Pro Tem Williams advised that there would be a time to approve the site plan George Roberson, 306 Skyline Drive, Trophy Club asked if there be parking for 18-wheelers. Mayor Sanders advised that this is not allowed under the Ordinance for overnight parking. Motion made by Williams, seconded by Cates to approve the concept plan. Motion to approved failed 2:3, with Williams and Cates voting for and Lamont, Edstrom and Sterling voting against. Mayor Sanders said that it is possible that Council just created some issues by denying and advised that a motion to reconsider could be made by someone who voted on the prevailing side. Mayor Sanders spoke to D.2.c and questioned if it was even relevant due to D.2.b failing. Kerin Fleck explained the land has already been platted with the exception of the triangular piece of land which was just passed by Council under ltem D.2.a. The replat would include this section with the rest of the land already platted. Mayor Sanders recognized Mr. Cunningham who explained that platting is simply a measure of taking two pieces of property that are not currently a single tax partial, making them one so that the may be legally sold to another individual. The applicant has a tri-party agreement with Cy Holley, Quanah and Larry Stewart. Mayor Sanders confirmed that based on D.2.b failing, if Quanah Properties does not go forward then Mr. Stewart probably would not close on the land. Sanders asked what would happen if the land is re-platted but he does not own the land. Patricia Adams stated if the application has been filed by the property owners, we allow for people to act as agents for the property owners. If the owners meet the platting requirements, which they do, Council has very little discretion to deny. Brandon Emmons added that the plat would not be filed until the ownership changes. Motion made by Williams, seconded by Cates to approve a Replat of Lots 1 and 2 in Block B of the Trophy Wood Business Center, Applicant: David Johnston, Quanah Hospitality Partners, LP, (RP-06-005). Motion passed unanimously without further discussion. Mr. Miller asked Council if there is anything that they can do to present an acceptable concept plan. Council member Edstrom and Sterling will prepare some remarks and will provide to Quanah. D.3 Discuss and take appropriate action relative to a request for zone change from R-12 Single Family Residential to CR - Commercial Recreation for an approximate 4.038 acre tract of land located generally to the East and to the South of the Municipal Utility District Wastewater Treatment Plant Facility, and being part of the Mary Medlin Survey, A-832, Applicant: Beck Properties. (ZCA-06-010) Applicant, Scott Beck addressed the Council requesting that they approve the zone change. Motion made by Edstrom, seconded by Sterling to approve the amendments. Mayor Pro Tem Williams questioned why Council did not approve at the last meeting. Mayor Sanders answered that the Council had questions if this would be visible from new homes. Council member Sterling questioned if anything else would go here. Scott Beck said that the building will be as presented. Mayor Sanders clarified that this is just a zoning request and that the Council will rule on masonry requirement at there September 1 lth meeting. P & Z Chairman, Gene Hill provided that P & Z unanimously approved this at their August 17Ih meeting Motion passed unanimously without further discussion. 5 minutes recess, reconvened at 10: 10 P.M D.4 Town Council to view a presentation on recommended major street reconstruction projects, discuss and provide input regarding the appropriate action of the issuance of remaining street bonds. Mayor Sanders provided that staffs recommendation is to take the remaining street bonds and authorize the issuance of those. Brandon Emmons added that we have used the overall condition index to rate the streets and made recommendations on the streets that need total rehabilitation and the ones that can be fixed by route and seal. There is 3.26 million dollars remaining from the 2000 Bond Issuance and requested that the Council allow the staff to sell the remaining bonds and use the proceeds in a phased project to last over 2% to 3 years, dividing the construction over the streets identified. Roger Unger advised that bond payment dates are always September and March. The proposed sale date is March 5, the first interest payment in March 2008. Mayor Sanders asked what the tax rate would be if we just sold just the 1.75. Mayor Pro Tem Williams answered 2.43 based on our current unfrozen tax evaluation. Council member Cates asked if we could use that % cent sales tax to make the bond payments. Brandon Emmons advised that the Council could allocate in the 2007-08 for street usage or leave it in the Street Department and then raise taxes. Mayor Pro Tem Williams confirmed that if the bonds were sold in March 2007 the Town would have over one year of interest. Williams complimented the school district on their bond election and the information that they got out to the residents so that they are aware of what it will cost. Brandon Emmons commented that we have three months to have the bond Ordinance in to make the sale and to let the residents know. Mayor concluded that consensus of the Council is to move forward in the street issues and to use bond funds to accomplish. Sanders stated that the second issue is how. Council member Edstrom requested factual information is used and revisit the $17 million that was originally identified was needed for repair. Mayor Pro Tem Williams, Council member Cates and Lamont thinks that the staff should do a presentation at a Council meeting, place pictures of the website and present at the PTO meetings as the school. Council member Edstrom said that it would be very instrumental if the presentations were comiug from a resident. Mayor Sanders would like to see staff come up with several scenarios of what the tax rate would have to be with limited growth and scenarios and alternative financing schedules. D.5 Discuss and take appropriate action regarding the award I rejection of a proposal for bankiug depository services and authorization to staff to complete contract documents for subsequent Council approval. Motion made by Edstrom, seconded by Sterling to award to First Financial Bank. Motion passed unanimously without any discussion. D.6 Discuss and take appropriate action regarding an Ordinance approving the financing of a new police vehicle. IVlotion made by Edstrom, seconded by Cates to approve the financing with BancorpSouth at 4.29%, with an annual payment of $14,255.92, equally a total of 3 payments of $42,767.76. Council member Edstrom commented that the item was posted for only the approval of a new police vehicle but that the Ordinance included 10 new computers. Motion made by Council member Sterling to refer until September 11, 2006, seconded by Mayor Pro Tem Williams. Motion passed unanimously without further discussion. Motion made by Lamont, seconded by Edstrom to refer Items D.7 and D.8 until the September 18'~ meeting. Motion passed unanimously without further discussion. D.7 Council to discuss and provide input regarding the procedures by which Council will move forward on Vision 201 0. D.8 Discuss the procedures and provide direction for moving forward on future charter amendments and a Charter Commission. D.9 Discuss and take appropriate action to approve financials dated July 2006. Motion made by Edstrom, seconded by Lamont to approve the July financials. Motion passed unanimously without further discussion. D.10 Discuss and take appropriate action regarding an Ordinance regulating the Town's Records Management Program and designating a Records Management Officer. Motion made by Edstrom, seconded by Williams to approve an Ordinance regulating the Town's Records Management Program and designating the office of Computer Support Specialist as the Records Management Officer for the Town as provided in the ordinance. Motion passed unanimously without further discussion. D.ll ltems for Future Agenda. 911 1 106 Public Hearing: Town Council to conduct a public hearing regarding the Budget and proposed tax rate for fiscal year October 1, 2006 to September 30, 2007. Discuss and make appointments to the Town's Boards and Commissions. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek] 911 8106 Formal report by the Park Board as to their progress since beirlg created and their plans. Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central Appraisal District for 2006. Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2006, and ending September 30, 2007. Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem Taxes for the fiscal year beginning October 1, 2006, and ending September 30, 2007. Discuss and take appropriate action regarding an Ordinance on Building Standards. Discuss and take appropriate action relative to an Ordinance amending Chapter 10 entitled, "Public Safety", Article II, entitled "Traffic and Vehicles", of the Code of Ordinances, by amending Sections 2.05 entitled, "Parking", Subsection B. ltems for Future Agendas - Dates to be Determined Discuss and appropriate action regarding a policy for accepting gifts. Review of Advisory Groups Committees Policies. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Payment Agreements with Master District for municipal annex. Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign Regulations", Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative to political signs and quantity per commercial lot.) Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System. Consideration of enactment of HotelIMotel Tax. All matters listed as Consent Aqenda 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. Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Items D.12 through D.14. Motion passed unanimously without further discussion. D.12 Consent Agenda: Discuss and take appropriate action regarding an ordinance amendment to Chapter 10, entitled "Public Safety" of the Trophy Club Code of Ordinances, by adding Article XII, entitled "Registered Sex Offenders", prohibiting designated persons from residing within 1,000 feet of premises where children gather. D.13 Consent Agenda: Discuss and take appropriate action regarding an Ordinance amending Article VI, "Town Council Rules of Procedure", of Chapter 1 of the Code of Ordinances, entitled "Administration". D.14 Consent Agenda: Discuss and take appropriate action regarding an amendment to Chapter 8, entitled "Nuisances" of the Trophy Club Code of Ordinances, by amending Sections 4.01 - 4.05 of Article IV, entitled "Abandoned and Junk Vehicles". END OF CONSENTAGENDA E.l Adjourn. Motion made by Williams, seconded by Edstrom to adjourn. Motion passed unanimously, meeting adjourned at 10:58 P.M. Nick Sanders, Mayor Town of ~ro-~h~ Club, Texas - Town of Trophy ~iub, Texas