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