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Minutes TC 04/02/2007MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 400 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, April 2,2007 7:00 P.M. STATE OF TEXAS 9 COUNTY OF DENTON 5 The Town Council of the Town of Trophy Club, Texas, met in a Public Hearing and Regular Session on Monday, April 2, 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 Susan Edstrom Council Member Philip Sterling Council Member Gregory Lamont Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Lisa Ramsey Patricia Adams Beth Ann Gregory Sakura Moten-Dedrick Danny Thomas Shannon DePrater Gene Hill Misty Ventura Ian Fredicksburg Lila Marsh Dan Almon Fran Bugsby Keenan Rice Jim Wiegert Greg Schaecher Mehrdad Moayedi Town Manager Town Secretary Town Attorney Community Development Director Finance Director Fire Chief Interim Planning Coordinator Planning and Zoning Chairman Hughes and Luce Hughes and Luce Bond Counsel, Vinson & Elkins Southwest Securities Bank of America MuniCap Carter and Burgess McCall, Parkhurst and Horton L.L.P. Centurion Development Group A.l Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Mayor Sanders gave the Invocation. A.3 Council member Cates led the Pledges. A.4 Discuss and take appropriate action regarding a Proclamation recognizing April 5th, 2007 as Friends of the Family, "Annual Take Back the Night March". Motion made by Edstrom, seconded by Lamont to approve the Proclamation. Mayor Sanders read the Proclamation. Motion passed unanimously without any discussion. A.5 Citizen presentations: Pearl Ford, 2 Spring Creek Court - Commended staff for promoting effective communications via the Newsletter, Website and Marquee. 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. Motion made by Edstrom, seconded by Williams to approve the Consent Agenda, Item B.1. Motion passed unanimously without further discussion B.l Discuss and take appropriate action regarding a Joint Election Agreement between Tarrant County and the Town of Trophy Club for a joint election to be held on May 12, 2007. End of Consent Agenda TOWN COUNCIL CONVENED INTO PUBLIC HEARING PUBLIC HEARING C.l Public Hearing: Conduct a public hearing to receive comments relative to a request for amendment to Planned Development District No. 27, known as The Highlands at Trophy Club, by amending PD-27 in its entirety to reflect changes to various sections of PD-27, including: Exhibit "B" - "Development Standards: Section Ill, "Definitions"; Section IV, "Lot Type Regulations"; Table No. 4-1, "Summary of Lot Type Regulations"; Section V, "Neighborhood Regulations"; Table No. 5-1, "Neighborhood Lot and Density Summary"; Section VI, "Development and Design Standards"; Table No. 6-1, "Roadway Standards"; Section VII, "Park and Open Space Requirements"; Section VIII, "Development Schedule"; Exhibit "C", "Concept Plan"; Exhibit "D", "Street Type Exhibits"; Exhibit "EN, "Park Concept Plans"; and Exhibit "F", "Pathway Plan". Applicant: Carter & Burgess, Inc., Authorized Agent of Centurion Acquisitions, L.P.; 831 Trophy, L.P.; Standards Pacific of Texas, L.P.; K. Hovnanian Homes - DFW, L.L.C.; C Oil lnvestments LTD. (PDAMD-07-023 Public Hearing Opened at 7:12 p.m. No one addressed council. Public Hearing Closed at 7:14p.m. TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION D.l Discuss and take appropriate action relative to an Ordinance amending Planned Development District No. 27, known as The Highlands at Trophy Club, by amending PD-27 in its entirety to reflect changes to various sections of PD-27, including: Exhibit "B" - "Development Standards: Section Ill, "Definitions"; Section IV, "Lot Type Regulations"; Table No. 4-1, "Summary of Lot Type Regulations"; Section V, "Neighborhood Regulations"; Table No. 5-1, "Neighborhood Lot and Density Summary"; Section VI, "Development and Design Standards"; Table No. 6-1, "Roadway Standards"; Section VII, "Park and Open Space Requirements"; Section VIII, "Development Schedule"; Exhibit "C", "Concept Plan"; Exhibit "D", "Street Type Exhibits"; Exhibit "En, "Park Concept Plans"; and Exhibit "F", "Pathway Plan". Applicant: Carter & Burgess, Inc., Authorized Agent of Centurion Acquisitions, L.P.; 831 Trophy, L.P.; Standards Pacific of Texas, L.P.; K. Hovnanian Homes - DFW, L.L.C.; C Oil lnvestments LTD. (PDAMD-07-023) Motion made by Williams, seconded by Cates to approve Planning and Zoning Chairman, Gene Hill reported the Commission held a total of three Public Hearings and on March l!jth, 2007, made a recommendation to the Town Council to approve the proposed PD-27 with the revisions listed in the packet. The applicant agreed with the Commission's recommendations and incorporated them into their March 1 gth, 2007 submittal. Town Manager Emmons said this process started in late December when Centurion approached the Town regarding the PD that was approved in May; specifically in relation to neighborhood 8 which supports an active adult community. Mayor Sanders added that the whole area of Neighborhood 8 is now gated. Chairman Hill said there was considerable discussion regarding neighborhood 8, both the Commission and the developer agreed the six unit structures would be better if broke into three units. Hill added that four architectural items currently required under garages were deleted. Council member Lamont confirmed that there will be no housing within 200 feet of the well heads. Jim Wiegret said the road would stop at the entrance of Neighborhood 6; the flowage easement is only a potential, future road with a right of away. Community Development Director, Beth Ann Gregory said this would be addressed during the platting and construction phase. Council member Cates appreciates that the number of lots in this community was decreased. Cates said some of the Council members may want to take credit for the changes in the lot sizes or the number of lots, but purely that comes from the owners. Cates said she has seen in the paper where Council members have taken credit for these changes, prior to coming up for the vote and reminded them that if they have any financial interest in this property, they should not be voting, or they should be disclosing their financial interest, because truly, the number of lots have come from the owner's desire to change. 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 Phase II of the Eagles Ridge subdivision, to be located at 322 Eagles Court. Applicant: First Graphic Services, Inc. Planning and Zoning Chairman, Gene Hill said the Town's sign code, allows only one (1) development sign, per projectlpremise. The development currently has one sign located at 515 Clear Vista Drive and the applicant is requesting one additional sign to be located at 322 Eagles Court. On March 15'~ the Commission unanimously recommended approval of this request. Motion made by Lamont, seconded by Sterling to approve. Mayor Sanders noted the developers of Eagles Ridge were present. Motion passed unanimously without further discussion. D.3 Discuss and take appropriate action amending Resolution 2006-24 by amending to appoint one citizen to one seat on Planning and Zoning Commission for the remainder of the unexpired term expiring in 2007. Planning and Zoning Chairman, Gene Hill reported the vacancy was created by the resignation of Steven Stamos. Chairman Hill said that Stamos missed three consecutive meetings and when contacted regarding his absences, Stamos submitted his resignation. During the annual appointment process, there was one application that exceeded the number of open seats and according to the Handbook for Appointed and Elected Officials the applicant not appointed during the annual appointment process was considered first. The Town Secretary confirmed Mr. Sanchez's continued interest and forwarded to Council for consideration of appointment. Alejandro Sanchez told the Council he appreciates the opportunity to serve on this committee. Motion made by Lamont, seconded by Sterling to appoint Alejandro Sanchez to the remainder of the unexpired term expiring in 2007. Mayor Sanders confirmed Mr. Sanchez's architectural license is not in Texas. 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 Manager Emmons referenced the handouts and said that the agreement changes daily. Emmons said that he has discussed the amendments with Town Attorney Adams. Council member Lamont would like to see the cost overrun be 10% per project. Town Manager Emmons and Town Attorney Adams are not comfortable with this language and would like to tighten up this section. Emmons would like the language to be tight enough to provide bonding for the developer's responsibility for the overruns. Mehrdad Moayedi reassured that any cost overrun built into the PID will be covered by the developer. Ian Fredickson from Vinson and Elkins agreed to revise this section to confirm what Mehrdad said. Town Manager Emmons said #9 Construction Administration/Management of Project List is new. Keenan Rice from MuniCap explained how the percentages in the PID for items on the sheet were determined. Rice added that this is only a draft and is a work in process and that ultimately bond counsel will have the final approval. Council member Cates questioned the retail usage at Village Center as she has heard of the potential use for religious organizations and day care centers. Keenan Rice said he has not assumed 100% of retail, which was based on the traffic report. Mayor Pro Tem Williams requested Council consider what they are approving in #8 Wireless Internet Infrastructure and questioned who would pay for the service once installed. Mayor Sanders said that he added this item as consideration for a cable access fee. The Town has been visited by an AT&T representative and targeted to receive U-Verse fiber and the item has not been removed from the exhibit. Bond Counsel, Lila Marsh said the challenge is to make reasonable classifications and to move forward in good faith based on the information in the file at this time. Fran Bugsby from Bank of America said they rely on MuniCap, Carter and Burgess and Bond Counsel to evaluate the assessment. Jim Wiegert with Carter and Burgess agrees with MuniCap, but has a different approach on some items and will discuss with Keenan Rice later. Town Manager Emmons said the PID Petition and sub-developer's agreement is tentatively scheduled for the April 16'~ meeting. Mayor Sanders asked the Council how soon in advance they would need to see the document in order to feel comfortable. Lila Marsh agreed that in terms of allocation this is not the time to approve this and suggested the PID be formed first. Mayor Pro Tem Williams thinks the money listed in item #8 needs to be removed and put back in contingency. Council member Edstrom said once the due diligence is preformed, Williams can come back to the Council with that suggestion. Council member Lamont asked who would be handling the cost over runs in Section 8.2. Town Attorney Adams answered this will be discussed in their meeting and then related to Town Manager Emmons. Mayor Sanders asked that Council be updated once Section 8.2 is dealt with. Mayor Sanders questioned the influx from the PID Document $27 Million figure; however the cost of issuance equals $28 Million. Town Manager Emmons explained a list of projects were added to the PID petition, allowing for up to $28 Million and is a flexible amount of closing costs for the agents and the debt service bonds. The last document had a 15% debt service and about $1 million allocated to the PID. Mayor Pro Tem Williams would like to understand the projects need for issuance of $27 Million in bonds. Mayor Sanders would like to see this list as well. Council member Lamont would like to change the assessments. Town Manager Emmons said the cost was calculated by the developers and based on the contracts. Lila Marsh cautioned that the PID statue is very cumbersome and suggested Council make the petition slightly higher to allow a little wiggle room in the Developer's Agreement. Jim Wiegret clarified the contingency is roughly 10% of each projected cost. Council asked to see the 10% listed under each item. Lila Marsh's preference is to have one line item addressing contingency. Southwest Securities, Dan Almon said his responsibility is to monitor the reasonableness of all the comments and said Council needs to have a comprehensive analysis of hard costs with a ball park figure of what the debt services assessment will be. Bank of America representative, Fran Bugsby suggested one line to address contingency in order to allow the greatest flexibility. Town Manager Emmons concluded the Moody improvement rating was upgraded from an A3 to an A2. No action taken. Mayor Sanders called a five minute recess. D.5 Receive and discuss a report from Town Manager Emmons regarding ongoing contract negotiations between the Town and the Trophy Club MUDS to provide wholesale water, wastewater treatment, distribution, collection, maintenance, and billing services and options available to the Town for providing water and wastewater services Town Manager Emmons summarized the discussion from the joint meeting held this past October discussing the users in the Highlands in Trophy Club and their connection into the MUDs utility system. The main concept was for the MUDs to receive an upfront fee to connect into the existing infrastructure in the amount of $545,000 and the flat fee of $2,300.00 until the total amount reached $3.8 million. Emmons said there was a little bit of resistance to the proposals and therefore the group opted to move into more of a retail contract. The water sub committee has met three times and has reviewed the business plan. Since the last meeting the MUDs have now requested that the Town move back to a wholesale agreement, with a set term rate and an extended term of the commodity contract in order to get the buy in. The operation and maintenance rates will be based in a separate agreement and will be discussed at the April 5th, 2007 Master District meeting. Mayor Pro Tem Williams feels the issue identified in the meeting Friday is the need to have agreements. MUD 1 President, Dean Henry confirmed the wholesale entity is the City of Fort Worth not the MUD districts. Mayor Sanders verified the two-year term of agreements with the Master District with a one-year out clause and is concerned with the terms and the rolling two years. Dean Henry responded that MUD 1 would still exist even if the Master District dissolved. Mayor Sanders would like to establish a water rate to bill the PID citizens. Dean Henry said the PID residents will be charged the same rate he is. MUD 1 Director, Jim Hase suggested the Town have their own rate for the PID residents; the MUDs will read the meters, multiply their rate and bill for the Town. Town Manager Emmons said there is usually a set rate for a commodity and the idea was to negotiate this rate, however there is an escalation and the true cost will fluctuate on the amount of water used. Jim Hase responded that the MUDs do not have wholesale water but have a water and waste water-system. Mayor Sanders said the idea is to break the agreement into a more manageable agreement and the goal of getting into a long term contract where the MUDs can be reimbursed their money. The original concept was the Town becoming a partner with the Master District on behalf of the PID residents. Mayor Pro Tem Williams feels the negotiations should not cost the current residents any money. Town Manager Emmons confirmed the potential for operation and administrative oversight and the Town has already paid a portion of the billing software. No action taken. D.6 Discuss and take appropriate action to approve financials and variance report dated February 2007. Motion made by Lamont, seconded by Cates to approve. Council member Williams questioned the annual payments on the P & R vehicle. Finance Director, Sakura Moten-Dedrick will begin noting how many annual payments are left on the next report. Williams likes the explanation included in the report as well. Motion passed unanimously without further discussion D.7 Discuss and take appropriate action relative to an Ordinance amending Chapter 8 of the Code of Ordinances of the Town, entitled "Nuisances", by adding Article 6, Entitled "Standing or Stagnant Water" and discuss and provide input regarding an amendment to the Swimming Pool Ordinance, Chapter 3, Article XV of the Code of Ordinances. Mayor Sanders said based on Council's direction given to staff at the last meeting, staff has provided two options for Council's consideration. The first option is an amendment to the nuisance ordinance which covers more than just swimming pools, but eliminates its applicability to some bodies of water which Council had expressed concern about. The second option is strictly the addition of an abatement section to our existing pool ordinance. This option would not provide staff the ability to enter a property, in order to address complaints that were not related specifically to in-ground swimming pools. If Council prefers to proceed with the amendment of the existing pool Ordinance and approves the language in the draft provided, the final Ordinance will be presented on the April 16'~ Consent Agenda. Motion made by Williams, seconded by Cates to approve an abatement section to our existing pool Ordinance. Mayor Pro Tem Williams feels there is a major issue related to in-ground swimming pools, fifteen of which occurred last summer. Williams thinks the amendments are better addressed in the pool Ordinance as opposed to approving a whole new Ordinance. Council member Edstrom said that staff identified other issues while working on this recommendation, therefore favored a more comprehensive Ordinance that incorporates all items that need to be addressed. Council member Cates expressed concern about making the Ordinance too broad and not having adequate staff to enforce. Mayor Sanders commented that bird baths were eliminated in option A provided in the packet. Council member Sterling supports option A and feels the staffing issues would be the same under either option. Council member Edstrom believes any issue with current code enforcement needs to be addressed separately, and not taking action on this Ordinance is not the right approach. Motion to approve option number 2, addition of an abatement section to our existing pool ordinance, tied 2:2:1 with Williams and Cates voting for, Edstrom and Sterling against and Lamont abstains. Mayor Sanders called for the vote a second time, motion passed 3:2 with Williams, Cates and Lamont for and Edstrom and Sterling against. Staff was directed to place the ordinance in final form on the April 16~~ Consent Agenda. .8 Discuss and take appropriate action regarding an Ordinance authorizing the issuance, sale and delivery of the Town of Trophy Club, Texas General Obligation Bonds, Series 2007, in the principal amount of $3,260,000, for the purpose of constructing and improving the Town's streets. Dan Almon explained the proceeding for execution based on the bid opens to the Council and introduced Greg Schaecher from McCall, Parkhurst and Horton L.L.P. Motion made by Lamont, seconded by Cates to award to AG Edwards. Council members questioned how the bonds receive their designation as qualified. Dan Almon explained if the bank designates more the 10 a year, the bonds cannot be designated as bank qualified. Motion passed unanimously without further discussion. D.9 Discuss and take appropriate action regarding a Resolution directing publication of notice of intention to reissue combination Tax and Revenue Certificates of Obligation Series 2007, in the amount of $474,000, for Harmony Park reconstruction and improvement loan with the payments being reimbursed to the Town of Trophy Club by EDC 4A; and authorizing the execution of all necessary documents. Motion made by Cates, seconded by Sterling to approve. Council member Sterling asked the cost of refinance. Town Manager Emmons said this is not refinancing, that SW Securities went out and shopped this note and found it at a lower interest rate and this is the first time Council will issue the debt. Motion passed unanimously without further discussion. D.10 Discuss and take appropriate action regarding a notice from the Public Utility Commission of Texas for a Consumer Price Index Adjustment to Municipal Telecommunications Right-of Way Access Line Rates. Town Manager Emmons explained the adjustment based on the CPI and the options as; do nothing or authorize the increase of 1.7 %. Item died for lack of a motion. D.ll Items for Future Agenda. No items added. D.12 Reports. 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. a) EDC 4A Liaison, Council member Edstrom was away on business and did not attend the March 26th meeting. b) Partner's in Mobility Report. c) Town Manager's Report. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION Town Council convened into Executive Session at 10:25 p.m. Town Council reconvened into Regular Session at 11 :00 p.m. Motion made by Sterling, seconded by Williams to extend deliberations past 11 :00 p.m. Town Council convened into Executive Session at 11:Ol 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 11 :46 P.M. E.2 Discuss and provide input regarding an interlocal agreement between the Town and the Trophy Club MUDs to provide wholesale water, wastewater treatment, and distribution, collection, maintenance, and billing services options available to the Town for providing water and wastewater services. No action taken. F.l Adjourn. Motion made by Sterling seconded by Williams to adjourn. Meeting adjourned at 11 :47p.m. J~c,ji if ) i?m7dr$, 0, - Lisa Ramsey, Town ~ecrefary Town of Trophy Club, Texas Nick Sanders, Mayor Town of Trophy ~iub, Texas