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Minutes TC 02/19/2007 - Joint SessionMINUTES OF PUBLIC HEARlNGlJOlNT WORKSHOP BETWEEN TOWN COUNCIL AND EDC 4B AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 19,2007 6:00 P.M. STATE OF TEXAS 5 COUNTY OF DENTON b The Town Council of the Town of Trophy Club, Texas, met in a Pre-Council MeetingIPublic Hearing and Regular Session on Monday, February 19, 2007. 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 Philip Sterling Gregory Lamont STAFF AND GUEST(S) PRESENT: Brandon Emmons Lisa Ramsey Patricia Adams Beth Ann Gregory Sakura Moten-Dedrick Danny Thomas Adam Adams Scott Kniffen James Hicks Larry Crosser Damian Olthoff Glenn Strother Kirk Wilson Misty Ventura Jim Wiegert Lila Marsh Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Town Attorney Community Development Director Finance Director Fire Chief Parks and Recreation Director Police Chief EDC 4B President EDC 4B Member EDC 4B Member EDC 4B Member Centurion Development Hughes & Luce, LLP Carter and Burgess Bond Counsel, Vinson & Elkins A.l Mayor Sanders called the Regular Session to order at 6:05 p.m. noting a quorum was present. A.2 Work Session: Discuss and review items posted to the February 19, 2007 Agenda, including but limited to Item D.13. Town Manager Emmons introduced the first change to Schedule B of the public improvements, page 151. As of today an escalating estimate for the lot size has been added; the assessment will increase 1.5% annually. Kirk Wilson from Centurion Development added if the assessment is paid for up front the home owner is not subject to the escalation project. Lila Marsh, Bond Counsel, Vinson & Elkins confirmed those who pay over time will pay more in interests. Emmons added the May deadline referenced under section 4.2, Before the Town levies the Assessments, the Town shall enter into an agreement to secure water and wastewater capacity for development of the Property. The Town shall use its best efforts to complete this agreement no later than May 2007, gives the Town more bargaining power in the developer's agreement. Attorney representing Hughes and Luce, LLP, Misty Ventura, believes for the Town's protection should levy the assessment as soon as possible. Town Manager Emmons asked Council if this was the direction they wanted to proceed with. Ms. Ventura ask if the Council was comfortable with the business deal explaining the document included in the packet is supposed to be the road map between the developer and the Town. The approval of this agreement adequately reflects and confirms this developer will not be exempt from the regulations and processes of other developers. Ventura said the Developer will not receive the money prior to the issuance of the bonds and respectfully asked the Council to provide feedback so that the agreement could come back at the next meeting. Mayor Sanders spoke to Article 111, 3.3 and questioned the status of the agreement with the MUDS. A.3 Lake Cities Church of Christ, Pastor Joel Quile gave the Invocation. A.4 Mayor Sanders led the Pledges A.5 Discuss and take appropriate action regarding a Proclamation of Fair Campaign Practices for the May 12, 2007 Election. Motion made by Edstrom, seconded by Lamont to approve Council member Cates said although this is only a proclamation with no repercussions for violations, by proclaiming, it is an honor and a commitment. Council member Sterling moved to strike the sixth Whereas clause, Williams seconded. Amendment passed unanimously without any discussion. Main motion passed unanimously without further discussion. A.6 Citizen presentations. No citizens addressed Council. 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. Mayor Sanders removed Items B.2 and B.3 from the Consent Agenda Motion made by Edstrom, seconded by Lamont to approve the Consent Agenda, Item B.I. Motion passed unanimously without any discussion B.l Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 22, 2007. 8.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 29, 2006. (Public Hearing Session) Mayor Sanders noted the item was posted with an incorrect date, should be 2007and will be brought back on the March meeting. .3 Consent Agenda: Discuss and take appropriate action relative to a request for Plat Amendment for Eagles Ridge, Phase II, located generally to the north of Clear Vista Drive and Panorama Circle. Applicant: Eagles Ridge Investors Joint Venture (AP-07-015) Town Manager Emmons explained the plat amendment contains standard revisions to the Final Plat for Eagles Ridge, Phase II. Motion made by Edstrom, seconded by Sterling to approve Motion passed unanimously without any discussion End of Consent Agenda TOWN COUNCIL CONVENED INTO PUBLIC HEARING PUBLIC HEARING C.l Public Hearings on Reinvestment Zones: Public Hearing No. 1 to consider the designation of Reinvestment Zone No. 1 consisting of 9 contiguous parcels being 36.278 acres located generally and described as 100 Trophy Club Dr. and 100 Indian Creek Dr., Trophy Club, Texas. Public Hearing No. 2 to consider the designation of Reinvestment Zone No. 2 being 2.106 acres of land located in the C. Medlin Survey, Abstract No. 823A, Tract 1A, in the Town of Trophy Club and more generally described as 300 Trophy Club Drive. Public Hearing No. 3 to consider the designation of Reinvestment Zone No. 3 consisting of 5 contiguous parcels being 20.165 acres located generally at the northeast corner of Trophy Lake Drive and Trophy Club Drive in Trophy Club, Texas and due west of Trophy Lake Dr., Trophy Club, Texas. Public Hearing No. 4 to consider the designation of Reinvestment Zone No. 4 consisting of 11 contiguous parcels being 16.3296 acres located generally north of 114 and dissected by Trophy Wood Dr., Trophy Club, Texas. Public Hearing Opened at 7: 15 p.m. No one addressed council. Public Hearing Closed at 7:17 p.m. TOWN COUNCIL CONVENED INTO JOINT SESSION *JOINT SESSION D.l EDC 4B call to order and announce a quorum EDC 48 did not have a quorum and did not call to order. D.2 Discuss and provide input regarding the Buxton implementation plan. EDC 48 President, James Hicks said retail develop is not automatic, no one knows the right and willing retail to bring to the town and that is why help is needed. EDC 4B recommends the Buxton group and feels they have the right tools and knowledge to help Trophy Club's economic development. Mayor Sanders questioned the detailed implementation plan provided in the packet. Town Manager Emmons explained the plan provides a timeline of target dates for tasks should the study be approved. Emmons said the majority of the tasks will fall on Community Development Director, Beth Ann Gregory and some on both EDC and the Council. Board Director, Damian Olthoff arrived making a quorum. President Hicks called EDC 4B to order at 7:24 p.m. Mayor Pro Tem Williams asked which EDC members would be assisting staff and if the Board is still planning to work with current developers. President Hicks said he would poll all members and then assign commitments based on the results. Hicks said they would work with the current developers and any interested party. Council member Cates does not agree with proposing a budget amendment to fund the administrative duties and salary for staff's association with this project. Mayor Sanders commented EDC is working on a more detailed budget for the upcoming year to alleviate the need for public hearings on expenditures. The Administrative cost would be would be part of the next fiscal budget. Council member Edstrom agreed with Cates and would consider hiring someone to focus their time dedicated on EDC, but would not support offsetting current administrative costs. Edstrom is still concerned about committing to spend $60,000 without seeing the implementation plan first. Sally Michalak, 17 Salida Drive - President of the NW Metroport Chamber spoke in favor. Dave Glaser, 15 Overhill Drive - Spoke in favor of the Buxton implementation plan. Neil Twomey, 203 Oakmont Drive - Spoke in favor of the Buxton implementation plan. Lana Churman, DBA Merle Norman Cosmetic Studio, 501 Trophy Lake Dive, 31 8 - Submitted a letter in favor of the Buxton Implementation Plan. Council member Cates hopes EDC 4B has spoke to the consultants about putting together more than just a cookie cutter solution. President Hicks assured the Council several of the EDC 4B members have addressed the need of customizing the plan for Trophy Club and suggested putting together a legal document detailing the specifics that we want. EDC 4B member, Larry Crosser agrees with putting together a legal document and said he has spoke with Joe Fackel of the Buxton Group about the specifics in the plan. EDC 4B member, Damian Olthoff added that he negotiated with Fackel for four sites. Council member Cates questioned how tax inclement financing works. Town Manager Emmons explained a TIF is a tool that local governments use to publicly finance needed structural improvements and enhanced infrastructure within a defined area. These improvements usually are undertaken to promote the viability of existing businesses and to attract new commercial enterprises to the area. This increased site value and investment creates more taxable property, which increases tax revenues. Council member Edstrom added that Keller Town Center is an example of a TIF. Edstrom asked Emmons to clarify the offset suggested. Town Manager Emmons' understanding is that Council would like to create a separate Streets budget, moving from under Community Development. The Streets Supervisor position will be reclassified to a Director, reporting directly to the Town Manager, which will free up time for the Community Development Director to focus on economic development. Both Council members Lamont and Sterling spoke in support. Sterling understands the reluctance from others as it is still somewhat vague; however he feels the Town needs to get the ball rolling. Mayor Pro Tem Williams said he is more supportive now than he was in the past; however he still has a concern about the implementation as it is the key. Williams said the success of this project is on the Community Development Director, the Town Manager and EDC 48; in order to see results the plan has to be implemented. President Hicks and EDC 4B member, Larry Crosser said they are committed to seeing this project through successfully. Per the Council's input, Mayor Sanders instructed the Town Manager to move forward with the Public Hearing. D.3 EDC 4B adjourn. Motion made by EDC 4B member, Larry Crosser, seconded by EDC 4B member Glenn Strother to adjourn. EDC 4B adjourned at 7:49 p.m. TOWN COUNCIL RECONVENED INTO REGULAR SESSION "REGULAR SESSION Mayor Sanders requested Council move Item D.12, due the number of attorneys present. D.4 Discuss and take appropriate action to approve financials and variance report dated January 2007. Motion made by Edstrom, seconded by Williams to approve. Motion passed unanimously without any discussion. D.5 Discuss and take appropriate action regarding the following Ordinances designating Reinvestment Zones: (A) An Ordinance approving the designation of Reinvestment Zone No. 1 of the Town of Trophy Club, Texas consisting of 9 contiguous parcels being 36.278 acres located generally and described as 100 Trophy Club Dr. and 100 Indian Creek Dr., Trophy Club, Texas. (B) An Ordinance approving the designation of Reinvestment Zone No. 2 of the Town of Trophy Club being 2.106 acres of land located in the C. Medlin Survey, Abstract No. 823A, Tract IA, in the Town of Trophy Club and more generally described as 300 Trophy Club Drive, Trophy Club, Texas. (C) An Ordinance approving the designation of Reinvestment Zone No. 3 of the Town of Trophy Club consisting of 5 contiguous parcels being 20.165 acres located generally at the northeast corner of Trophy Lake Drive and Trophy Club Drive, Trophy Club, Texas and due west of Trophy Lake Drive, Trophy Club, Texas. (D) An Ordinance approving the designation of Reinvestment Zone No. 4 of the Town of Trophy Club consisting of 11 contiguous parcels being 16.3296 acres located generally north of 114 and dissected by Trophy Wood Drive, Trophy Club, Texas. Motion made by Williams, seconded by Lamont to approve in its entirety. Motion passed unanimously without any discussion D.6 Discuss and take appropriate action regarding the approval of Marshall Creek Park Grant. Motion made by Edstrom, seconded by Sterling to approve. Mayor Sanders verified the Town would incur the expenditures prior to being reimbursed which will be seen as expended under the line item in the budget. Council members Cates commented in the past the cost for Marshall Creek have been spread out among several departments and requested that the Town Council receive a summary of all the costs associated. Council member Lamont asked if the Texas Legislation and Parks and Wildlife Department have the ability to cancel the grant. Parks and Recreation Director, Adam Adams advised that this is a disclaimer and Town Attorney, Patricia Adams added that it could not be earmarked. Motion passed unanimously without further discussion. D.7 Discuss and take appropriate action to select a new name for Marshall Creek Park. Upon selection of the name by Council, a Resolution will be submitted for approval at a subsequent Council meeting. Motion made by Edstrom, seconded by Williams moving the new name for Marshall Creek Park as Trophy Club Park at Grapevine Lake. Council member Edstrom attended the P & R meeting where the members determined the top three names from seventeen submitted. Edstrom likes the tie into Grapevine Lake and believes the location should be distinct in the name. Both Council members Sterling and Lamont agreed. Council member Cates likes the name Freedom Park as it goes along with the names of the Town's other parks. Parks and Recreation Board member, Steven Kohs said Trophy Club Park at Grapevine Lake is the best description of the park. Mayor Pro Tem Williams agreed and said it should be either Trophy Club Park at Grapevine Lake or Lake Grapevine. Williams amended the motion to Trophy Club Park at Lake Grapevine, Edstrom seconded. Amendment passed unanimously without any discussion Motion passed unanimously without further discussion. D.8 Discuss and take appropriate action regarding an Ordinance amending Chapter 1 of the Code of Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees", regulating Parks and Recreation Use Fees. Motion made by Edstrom, seconded by Cates to approve Mayor Pro Tem Williams spoke to the citizens who said Roanoke did not charge fees, saying not only does Roanoke have fees but is considering raising them. Williams would like to further address fees in the budget process. Council member Lamont questioned if the policy addressed admitting two free guests. Parks and Recreation Director Adam Adams said the policy still exists and would be handled operationally, so inclusion is not necessary in the Ordinance. Council member Sterling feels it should read, "Sport field rentals are $20.00 an hour with a 2-hour minimum. " Council member Cates feels there should be a charge for non-residents and asked what was being done to take away guest privileges. Council member Edstrom commented the Council cannot discuss this issue. Mayor Sanders confirmed the agenda is not posted to discuss non-resident fees. Motion passed unanimously without further discussion. D.9 Discuss and take appropriate action regarding an Ordinance annexing approximately 20.929 acres situated in the Mary Medlin Survey, Abstract Number 832, Denton County, Texas. The property to be annexed is within the Town's extraterritorial jurisdiction and is generally located along Marshall Creek Road adjacent to the northeast boundary. Motion made by Sterling, seconded by Edstrom to approve. Motion passed unanimously without any discussion. D.10 Discuss and receive input regarding an Ordinance regulating smoking at various places within the Town of Trophy Club. Mayor Sanders introduced the item advising that the Council was not going to debate the fine aspects of the Ordinance, but rather provide direction to staff. Council member Lamont is in favor of increasing the 20 foot parameter to 100 foot restrictions, designating a smoking section in the Parks for special events or making the event smoke free and prohibiting it at the pool. Lamont added that smoke free laws do not drive away business. Mayor Pro Tem Williams and Council members Cates and Edstrom agree that they should not be dictating these types of restrictions and are concerned the restrictions may potentially hurt the businesses. Council member Sterling is in favor of regulating smoking in public areas such as parks, but not in favor of restricting them to one area. Sterling feels establishing parameters is the better alternative. Paula Johndrow, 112 Lakeshore - Spoke in favor of smoking prohibitions. Hugh Shaw, 228 Fresh Meadow - Spoke in favor of smoking prohibitions Connie Shaw, 228 Fresh Meadow - Spoke in favor of smoking prohibitions. L.C. Crowley, 410 Lakewood Drive - Spoke against smoking prohibitions. Council member Sterling suggested staff reference the City of Austin's ordinance as it seems more concise and fewer loop holes. Mayor Pro Tem Williams hates to see staff invest time working on an ordinance that three members of Council are against and will not vote for. Bob Radder, 1 Lee Court - Spoke against smoking prohibitions Mayor Sanders commented on the lack of support of the Governor's bill to make the state smoke free, suggesting the Town adopt an ordinance similar to the State's provisions. Sanders said the Council can regulate the ability to protect the health and safety of the residents, however, ventilation alone does not solve the problem. Sanders added the enforcement would be enforced under the health and safety code with the initial complaints investigated by the Code Enforcement Officer. Motion made by Lamont, seconded by Sterling directing staff to move forward on the ordinance and bring back to a future meeting with more specifics. Motion to move forward failed 2:3; with Lamont and Sterling voting for, and Williams, Edstrom and Cates voting against. D.ll Discuss and receive input relative to potential amendments to Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. Mayor Sanders said this Ordinance has been requested due to the consolidation of a large number of signs on a small area of commercial lots during the last election. Council member Sterling requested the 100' be spell out. Mayor Pro Tem Williams requested other platted parcel be removed. Mayor Sanders read the changes as, A political sign shall not exceed thirty-six (36) square feet in area nor exceed eight feet (83 in height, as measured from the ground. A political sign may not be illuminated or have any moving elements. No more than one (I) of such signs for each political candidate or issue on the election ballot shall be erected on any residential zoned parcel of land. The front and back surface of a political sign shall constitute one sign. For signs with three or more surfaces, each surface shall constitute a separate sign. For signs located on non-residential or unplatfed property, the minimum distance between signs for each political candidate shall be one hundred feet (1003 and asked that it come back on the Consent Agenda. No action taken. 0.12 Discuss and take appropriate action to award or reject a proposal for the Professional Collection Services for delinquent municipal court accounts. Gary Bogan from AMS was present for Council's questions. Motion made by Cates, seconded by Lamont to approve. Town Manager Emmons said staff is looking at trying to improve collection rates in Municipal Court. The Town received four responses; AMS has 13 years experience, they are a local firm with good references and they collect mainly for public entities. Finance Director, Sakura Dedrick added that AMS also agreed to go back to 1999. Mr. Bogan said the success rate is around 25% - 40% Motion passed unanimously without further discussion. D.13 Update Council and receive input regarding The Highlands at Trophy Club Development and Public Improvement District Agreement. Mayor Sanders suggested the developer add a number 1 to each of the second numbers under the square footage of residential lots in exhibit C. Town Attorney, Patricia Adams explained the options for Security for Cost Overrun. Jim Wiegert has revised the estimates several times and is comfortable with the contingencies. Wiegert clarified that 10% of the line item is for contingency for items that are not already built in. Mayor Sanders requested this detail be sent to the Council. Misty Ventura clarified the irrevocable letter under section 8.2 applies only to the water tower Mayor Sanders verified the Acquisition of Public Property, number 8 of Exhibit B, should be $3,490,000.00 not $3,690.000.00, however this correction does not change the bottom figure. Sanders confirmed the amount would only be available upon the completion of projects. Bond Counsel Lila Marsh does not have an issue from a conceptual point and said the large amount will be disbursed at closing rather than during the project. Council member Cates would like to have the typos in the numbers corrected and asked that the staff review the corrections prior to forwarding to Council. Kirk Wilson said the errors were not staff errors. Council member Lamont is concerned about the cost for the flowage easement. Mayor Sanders said the 1 million in contingency would cover this cost. Town Manager Emmons clarified that the drainage between the pool and school is listed as number 7, the parkland and some of the right of ways are covered under number 8. Emmons will forward a copy of the quantities provided by the engineering firm, which will spell out the projects and show where the specific contingencies are coming from. Council member Edstrom said she would not be supportive of 100% of money being paid out until the projects were 100% complete. Misty Ventura reassured those mechanics would be handled in the bond and that no one has an expectation of being paid until complete. Mayor Pro Tem Williams understands if the project's estimated cost is 21.57 million and it costs 23 million, the developer will be responsible for the cost overruns. Misty Ventura explained the concept of hold back financing of the land and said the obligation is maintained regardless of the financing and the financing component falls on the developer which is covered in the sub-dividers agreement. Kirk Wilson believes the security proposed for cost over runs should be adequate. Wilson said there are more costs associated than what are listed on the project list and are considered as qualified items under the PID. Mayor Sanders added that the cost for the road currently being built is not a cost that could be memorialized in this agreement, but is being discussed with the county, the school district and Roanoke. Council is concerned about the connector road that the developer has committed funds for. Misty Ventura assured the Council the developer has committed fund for the connector road and will be accomplished as a collaborative privatelpubiic partnership. Mayor Sanders said Roanoke is motivated to solve the traffic issues as well. Council is comfortable with the method for cost overruns as discussed tonight. Town Manager Emmons said he is fairly comfortable with this type of methodology and with the direction received from Council. He will provide the revisions to Council with adequate time for review prior to approval. Town Attorney, Patricia Adams prefers a letter of credit; however believes this will allow some flexibility and latitude which would not be afforded in a letter of credit. D.14 Discuss and take appropriate action appointing a Town Council Water and Wastewater contracting subcommittee. Town Manager Emmons would like Council's help establishing rates for the services to be contracted by the MUDS and suggested a sub-committee of two Council members. Council member Cates feels the Council members appointed to the sub-committee should represent both MUD1 and MUD2. Mayor Sanders hopes the MUDS form a committee as he feels it is a good way to bring people together and working through issues. Mayor Pro Tem Williams and Council member Lamont volunteered to serve on the sub-committee. Motion made by Sterling, seconded by Edstrom appointing Williams and Lamont and requesting that they provide regular updates. Motion passed unanimously without further discussion D.15 Items for Future Agenda. Council member Lamont suggested removing the March 5th date from the Ordinances impounding vehicles until the vehicle is properly insured and inspected and on any vehicle that is being driven on the streets of Trophy Club when the driver does not have a current or valid Drivers License. D.16 Reports. Town Manager Emmons gave his report. Council decided not to convene into Executive Session TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION 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 TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION F.l Discuss and take appropriate action relative to Executive Session Item Number El No action taken. F.2 Adjourn. Motion made by Sterling, seconded by Edstrom to adjourn. Meeting adjourned at 10:20 p.m. Nick Sanders, Mayor Town of Trophy Club, Texas ' Town of Trophy Club, Texas