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Minutes TC 04/16/2007MINUTES OF A REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB -. ~~~ ---- LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, April 16,2007 7:00 P.M. STATE OF TEXAS 5 COUNTY OF DENTON 5 The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, April 16, 2007. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Roger Williams Mayor Pro Tem Pam Cates Council Member Philip Sterling Council Member Gregory Lamont Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Sakura Moten-Dedrick Finance Director Scott Kniffen Police Chief Danny Thomas Fire Chief A.l Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Fire Chief Danny Thomas gave the Invocation. A.3 Mayor Sanders led the Pledges. A.4 Citizen presentations: No Citizens addressed Council. A.5 Discuss and take appropriate action regarding a Proclamation declaring May 3rd, 2007 as Day of Prayer in Trophy Club. Mayor Sanders read the Proclamation and recognized Irma Thomas. Ms. Thomas encouraged everyone to attend on May 3,2007 at noon at the clock tower. Motion made by Williams, seconded by Lamont to approve the Proclamation. Motion to approve passed unanimously without any discussion. A.6 Discuss and take appropriate action regarding a Proclamation declaring May 6 - 12, 2007 as National Nurses' Week Celebration. Mayor Sanders read the proclamation and noted that the motion would need to be made as read. Motion made by Lamont, seconded by Cates to approve the Proclamation as read. Mayor Sanders noticed the date in the first Whereas clause needed to be changed. Both mover and second agreed. Mayor Sanders removed Items 8.2 and 8.3. All matters listed as Consent Aaenda 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 Williams, seconded by Council member Cates to approve the Consent Agenda, Items 8.1. Motion passed unanimously without any discussion. 8.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, February 19, 2007. 8.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March 5, 2007. Mayor Sanders corrected a typo on page 30 of the packet. Debit should be debt under Item D.8 of the March 5Ih Minutes. Motion made by Cates, seconded by Lamont to approve with the corrections. Motion passed unanimously without any discussion 8.3 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving the submission of the grant application for the School Resource Officer Program for Fiscal Year 2007-2008 and designating the Town Manager as the authorized official for the Town. Mayor Sanders commented that Robin Ellis, Principal of Medlin School said SRO, Officer Mike Conklin is an invaluable resource. Motion made by Sterling, seconded by Cates to approve. Motion passed unanimously without any discussion End of Consent Agenda TOWN COUNCIL CONVENED INTO PUBLIC HEARlNG PUBLIC HEARING C.l Public Hearing: To consider the Highlands at Trophy Club Development and Public Improvement District Petition. Public Hearing Opened at 7:16 p.m, No one addressed council. C.2 Public Hearing: To consider an Ordinance amending Chapterl3, Zoning, Article VII, Development & Design Standards, Sections D, "Materials" and Section L, "Maintenance and Repair of Non- Living Material". (ADM-07-027) No one addressed council. Public Hearing Closed at 7:17 p.m. TOWN COUNCIL RECONVENE INTO REGULAR SESSION 'REGULAR SESSION D.l Discuss and take appropriate action regarding an Ordinance amending Chapterl3, Zoning, Article VII, Development & Design Standards, Section D, "Materials" and Section L, "Maintenance and Repair of Non-Living Material". (ADM-07-027) Mayor Sanders said the Commission unanimously recommended approval of this amendment at the February 15', 2007 meeting. Council member Cates feels the Ordinance should state that Homeland Security requires the MUDS to have barb wire on top of their fence. Motion made by Lamont, seconded by Williams to approve. Mayor Pro Tem Williams confirmed the amendments would be retro active Motion to amend by inserting horizontal or vertical before alignment under L.B.l, delete of height after one foot (1 7, and insert top before of the posts made by Sterling; Williams seconded. Planning and Zoning Commissioner James Stephens said the Commission gave the definitions of dilapidated a lot of thought in order to give Code Enforcement a leg to stand on. Mayor Sanders questioned the 10-day notice. Town Manager Emmons explained as standard language and also gives the residents a certain time to correct before a fine or abatement is filed. Motion to amend passed unanimously. Motion to amend L.B.3 by replacing approvedwith extendedmade by Lamont; Williams seconded. Councii member Lamont suggested extending the 10-day notice an additional ten days. Council member Sterling agreed. Town Manager Emmons did not have any problems with giving Code Enforcement the ability or authorization to extend as the final decision will be made at the Municipal Court level. Mayor Pro Tem Williams asked if there was a procedure in place specifying the time frame for the Code Enforcement Officer to make contact with an offender once a complaint has been submitted. Town Manager Emmons said there is no written policy and contact Is at the Code Enforcement Officer's discretion. Council member Cates would like a definition for financial hardship. Council member Sterling questioned if a financial hardship section is beneficial as it looks like two different problems; dilapidated fences and harmful and unauthorized materials. Town Manager Emmons feels these issues can be dealt with when they arise and hopes better judgment is used during the construction. Motion to amend passed unanimously. The Councii requested Town Manger Emmons provide a semi annual report of fence violations and of disposition. Motion passed unanimously without further discussion. D.2 Discuss and take appropriate action relative to a request for Meritorious Exception to Article IV, "Sign Regulations", Section 4.06, "Commercial and Institutional Signs" of Chapter 5, "General Land Use", for one additional Development Sign for Turnberry at Trophy Club subdivision, to be located at Lot 6, Block A. Applicant: First Graphic Services, inc. Mayor Sanders introduced applicant, Matt Johnson Planning and Zoning Vice Chairman, James Stephens presented per the Town's sign code, only one (1) development sign is permitted per projectlpremise. The development already has one sign located at Lot 58, Block B. The applicant. Standard Pacific Homes is requesting one additional sign to be located at Lot 6, Block A. blfyor Sanders added the Commission unanimously recommended approval of this request at their April 5 , 2007 meeting. Motion made by Cates, seconded by Williams to approve Motion passed unanimously without further discussion. D.3 Discuss and take appropriate action regarding the Highlands at Trophy Club Development and Public improvement District Petition. Town Manager Emmons commented that the original notice for the Public Hearing creating the PID was published with a cap of $28 million for funding. Since that publication the numbers have escalated and the Town was served with a second notice in the amount of $30 million. Mayor Sanders added that since the number has fluctuated the intent of the petition is to set the upper limit tonight and then take action on the final number at a later date. Town Attorney Adams and representatives from Hughes and Luce and Centurion American agreed. Mayor Pro Tem Williams asked if there were any other problems with the PiD document other than the 30 million dollars. Town Manager Emmons said the Council could adopt the PID Petition tonight, knowing that an amendment would be necessary in the advent that the Developer's Agreement goes beyond the $28 million. Town Attorney Adams said the only thing in question is the $30 million. Robert Miklos from Hughes and Luce said he had no issue with the Resolution other than the number as it is only a cap. Miklos said that the only issue for discussion is the amount of expense for bonding, be sure to capture the figure correctly. Council member Cates said the list of improvements and determination of the amounts are pretty generic. However she has heard from residents that there are specific items that Council needs to be paying attention to. Mayor Sanders answered that the specific items in the sense of the water tower, road issues that are being addressed, unspecified site for a water well, the allowance for a swimming pool, the potential for a water facility, improvements to the parks and a potential for a public building or recreation center, with no specific plans. Town Manager Emmons replied the only true specifics that deal with the infrastructures are in relation to roads, water, wastewater, the concrete quantities and construction for the pipe. The specifics dealing with the quality of life, such as landscaping standards and public park improvements have not been set. Town Attorney Adams said the petition meets the statutory requirements. Mayor Sanders asked why the 60 lots of the Village Center were not included in this document and if this is the way the petition will be submitted. Robert Miklos confirmed the petition would be submitted like this other than the dollar exception. Motion to refer until the May 7, 2007 meeting made by Williams; seconded by Cates. Motion passed unanimously without further discussion. D.4 Discuss and take appropriate action regarding the Highlands at Trophy Club Development and Public Improvement District Agreement. Town Attorney Adams updated Council on the changes and said the only fluctuation is the bonding cost which goes over $28 million, Exhibit C may change slightly. Adams stressed it was impetrative that all documents be consistent with each other and for this to be a precise document suggested the additional owners be identified and added to the Agreement. Mayor Sanders clarified the 3.5 million dollar estimate for the Connector Road in Section 4.4 does not include the movement of earth to fill the gravel permit. Jim Wiegret explained the cost includes excavation and fill for a portion of the road. Town Attorney Adams added the only change in numbers is in Section 4 under the water tower and she does not anticipate any other changes. Council member Lamont asked for clarification of Article 8, Section 7.2, page 12, Third, to reimburse Owner for 50 percent of the costs of Acquisition Of Public Property specifically set forth on Exhibit B as allowed by the PIDAct. Town Attorney Adams said this was in the last draft and only the last phase was removed at the end for offset. Mayor Pro Tern Williams questioned the difference in the contingency lines under Exhibit B and the project iist. Town Manager Emmons explained Exhibit B is the project costs allocated to the PID, the water tower based on the assessment company is 80% which is up from 60% and will be funded at a higher rate and will be reflected in Section 4.3. Mayor Sanders asked if the NW Park Improvements included the recreation center1 municipal building. Jim Weigret said the proposed concept plans, shows a lump, not specifics which gives us flexibility. Mayor Sanders referred number 6 of the project iist, NW Parkland Acquisition and NE Parkland Acquisition, and said the parkland dedication calls for a dedication not an acquisition. Town Attorney Adams verified it is allowable and suggested the Council look to see if there are better qualified items to get us closer to the Ordinance ianguage. Mehrdad Moayedi explained some of the line items are not qualified under the PID so in an attempt to go up all money is spent on Trophy Club improvements. Town Manager Emmons said Bond Counsel recommended that land acquisition show up on items outside the scope, with the money to be spent on Trophy Club improvements. Mayor Sanders added there is no money in the PID for the Trophy ClubIMarshall CreeWRoanoke road which was one of the requirements in early discussions regarding the PID. Mayor Sanders requested Robert Mikloes provide the contract by April 301h in order to include in the May 7'" 2007 Agenda. Mayor Pro Tem Williams asked Councii member Cates to expound on her previous comments regarding a Council member's financial incentives in relation to this development. Council member Cates did not comment. Mayor Sanders has reviewed Cates' comment and feels her statement was a reminder to Council of their obligation to disclose any conflicts. Mayor Pro Tem Williams referenced Exhibit C based on $30 million versus $28 million anticipate that number will stay with the water tower being the only variable. Dan Alrnon from SW Securities said considerations are being discussed about putting limitations on the assessments; this language would be included in Section 7.1. Mehrdad Moayedi confirmed the PID bonds are not a liability to the Town and he is signing the note. Mayor Sanders requested Meryhad forward the residential strategies to Town Manager Emmons to distribute accordingly. Mayor Sanders requested representatives from Bank of America and Keenan Rice from Municap attend the May 7, 2007 Council meeting and items for this meeting be limited. No action taken, D.5 Discuss and take appropriate action relative to the interlocal agreement between the Town and the Trophy Club MUDS to provide wholesale water, wastewater treatment, and distribution, collection, maintenance and billing services and options available to the Town for providing water and wastewater services. Mayor said there are still a few points to be discussed and agreed with the committee which consists of the Town Manager, MUD District Manager, two Council members and two Directors from each MUD. Sanders acknowledged and appreciated Directors Dean Henry, Gary Cantrell and Jim Thomas who were in attendance. On April 12, 2007 Town Manager Emmons forwarded Town Council the contract reflecting most of the changes discussed in the committee's meeting. Emmons said the initial concept was to achieve a commodity and service contract with water commodity under one and service under another. This concept was compromised and altered with the Town purchasing the water at the same rates currently charged to MUD1 and MUD2 residents which is in essence a true retail contract. Emmons said he has some concern with this compromised contract and the lack of specificity and would have liked the generalities addressed with firmer language; however, he believes this contract will work to service the PID residents. Both Mayor Pro Tem William and Council member Lamont were present at the meetings and involved in the discussions. Mayor Sanders explained his interpretations of the agreements, from this meeting and the last Master District meeting; 1. Expression by the Master District that the water rates charged to all residents (PID residents included) would be equal. 2. Create a simplified agreement. Since the Master District currently provides the services (billing, collections and operations) let them continue to do so by creating a Service Agreement between the Town and Master District. Issues that arose from this concept is that the Town could only sign a one year contract and the Master District wanted a longer contract and question about what MUD entity the Town would contract with. 3. Create a separate agreement documenting the $3.8 million paid to the MUDs by the initial payment of $540.000 from the PID funding and the fee paid by the builder when a permit is pulled. 4. All expenses to any facility, especially those facilities relating to the PID, would be covered by water rates as opposed to bonds. Mayor Pro Tem Williams questioned what controls would be in place to determine how much water is used by each entity. Town Manager Emrnons said there is no way to prohibit the MUDs from using the water, connected through the system all working no way to separate or control the portion of water that goes to the Town. MUD Director Dean Henry suggested Council consider inserting and access when needed after construction or use of to the Whereas Clause, The Town guarantees the construction of a 500,000 gallon elevated storage tank, at no cost to the MUDS. All maintenance for the storage tank will be paid through the operations maintenance component through the water rates provided herein. Mayor Pro Tern Williams does not have a problem with this added ianguage. The idea is for the Master District to be the operating arm and the Town will actually own this water tank. Mayor Sanders said this contracts that the Town is going to build the tank, but not run the operations. Sanders and Council member Cates are not sure this is needed. Director Henry referenced page 5, Article 3.1.2, saying this implies the Town will take the title. Director Gary Cantrell added the City of Fort Worth does take title to their water. Town Manager Emmons questioned at what point the water is for the MUD customers and at what point it is for the PID. Director Cantrell said the citizens of Trophy Club are also citizens of the MUDs and agrees with Director Henry's suggestion. A group worked through this plan with the developer in October 2006 and if everyone is working together it has to work in a system. Council member Cates asked how the addition of this language would change the agreement legally. Town Attorney Patricia Adams said from public funding, which is levied by the Town, does not understand what the technicalities of access mean. Town Manager Emmons said by adding this ianguage could have a negative impact on the PID, all will be part of the same system and the Town will not put any controls in place that will prevent the water going from a to b. Director Jim Thomas said the attorneys should be negotiating the legal business not the Council and the MUDs. Town Manager Ernmons does not have an issue deleting title and said it is probably better if the Town does not take ownership until after the water has passed through the pipes, sections 3.2 and 4.2. Mayor Sanders referenced Section 4.2 and affluent water, the Town tried to get affluent water from the MUDs, however the MUDs had an existing agreement with the Trophy Club Country Club which is up this year and Section 4.3 basically states that the Town will have access to some of this water. Director Cantrell suggested adding for internal or for Town limit use only. Town Manager Emmons asked about adding language from Section 210 of the Water Code relating to repossessed water. Jim Thomas suggested that at no additional cost be clarified. Emmons said the intent is for the Town not to be charged an additional surcharge as it has already been paid for once. Town Attorney Adams feels there are numerous provisions that still need to be tied down and would like Council's direction of intent to address with the MUDs attorneys. No action taken, Mayor Sanders called a five minute recess at 9:45 P.M. D.6 Discuss and take appropriate action relative to an Ordinance repealing Chapter 3, Article XV of the Code of Ordinances, entitied "Swimming Pools" and adopting a new Article XV of Chapter 3 regulating swimming pools within the Town. Motion made by Lamont, seconded by Sterling to approve. Town Manager Emmons clarified the new language is based on kiddy pools and the changes will allow Code Enforcement to abate stagnant water in swimming pools designed to contain 24" or more of water. This will prevent its application to kiddy pools, but enable the abatement of stagnant water in the larger pools regardless of the depth of the water at the time of violation. Council member Cates asked what standard this is based upon. Mayor Sanders and Mayor Pro Tem Williams said the broadness is to provide flexibility. Motion passed unanimously without further discussion. D.7 Discuss and receive input regarding the impounding of uninsured vehicles and the adoption of either an ordinance or policy for impounding uninsured vehicles from the streets of Trophy Club. Chief Kniffen referred to his memo and said a number of agencies and cities were contacted for copies of their policies and Ordinances. Kniffen's opinion is a policy is more practical and is easier to change than an Ordinance. The City of Rockwall's policy is a good example and gives the officer a greater amount of discretion. Council member Lamont agrees that it should be a departmental policy. Town Attorney Adams suggested a Resolution for a commitment to policy this issue. Mayor Sanders confirmed there would be no revenue associated. Council is in favor of something simple and asked Chief Kniffen to make a report in six months. Chief Kniffen responded anytime a policy is put into place the value of its effectiveness develops over time. Motion made by Sterling; seconded by Lamont directing the Town Manager and Town Attorney to draft a Resolution similar to the City of Rockwall. Motion passed unanimously without further discussion. D.8 Discuss and take appropriate action to approve financials and variance report dated March 2007. Mayor Sanders noted no objections to pulling this item. Town Manager Emmons said staff would like to provide the financials on Council's second meeting each month. No objections noted to the schedule change. D.9 Items for Future Agenda. Mayor Sanders commented staff is looking at grant possibilities for #6 and included a portion of sidewalks to be funded in smaller segments rather than in the large projects into the budget. Sanders mentioned and recognized that it is time to review the Town Attorney and Town Secretary and asked Council to make comments on both performances. D.10 Reports. a) EDC 4A Staff Liaison, Adam Adams gave his report. b) EDC 48 Liaison, Council member Sterling gave his report. c) Town Manager Emmons gave his report. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION Town Council convened into Executive Session at 10:39 P.M E.l Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b) "Consultation with Attorney", the Council will enter into executive session to discuss the following: (A) Consultation with 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 (b)). (1) Legal advice relative to The Highlands at Trophy Club Development and Public Improvement District Agreement. (2) Legal advice relative to the interlocal agreement between the Town and the Trophy Club MUDS to provide wholesale water, wastewater treatment, and distribution, collection, maintenance and billing services and options available to the Town for providing water and wastewater services. TOWN COUNCIL RECONVENED INTO REGULAR SESSION 'REGULAR SESSION Town Council reconvened into Regular Session at 10:45 P.M, E.2 Discuss and take appropriate action relative to Executive Session Item Number El. No Action taken. F.l Adjourn. Motion made by Sterling, seconded by Williams to adjourn. Meeting adjourned at 10:45 p.m. 54, /., ,&. . > .,/ , fisa Rarnsey, own Secretary / Nick L?47fi& Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas