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Minutes TC 02/05/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR 'THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 5,2007 7:00 P.M. STATE OF TEXAS 8 COUNTY OF DENTON 8 The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, February 5, 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 Philip Sterling Gregory Lamont Mayor Mayor Pro Tem Council Member Council Member Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Lisa Ramsey Patricia Adams Beth Ann Gregory Sakura Moten-Dedrick Scott Kniffen Danny Thomas Kerin Fleck Town Manager Town Secretary Town Attorney Community Development Director Finance Director Police Chief Fire Chief Planning Coordinator A.l Mayor Sanders called the Regular Session to order at 6:31 p.m. noting a quorum was present. Mayor Sanders said Council member Edstrom notified the Town Secretary last week that she would be out of town on business tonight and possible on February 19'~. Sanders noted Council member Cates was also running late. A.2 Work Session: Discuss and review items posted to the February 5, 2007 Agenda, including but limited to Item C.6. Mayor Sanders introduced Brad Hunstable from Hillwood. Town Manager Emmons commented staff recently received a request for early grading permits. Currently the Town does not allow early grading prior to the execution of the Developer's Agreement. Council reviewed staft's draft provisions to provide criteria for early grading. Emmons added if Council agrees to early grading, any work done prior to the developer's agreement would be at the risk of the developer. Mayor Pro Tem Williams questioned if Hillwood reviewed the changes. Mr. Hunstable responded Hillwood finds the terms acceptable. Mayor Sanders asked how Hillwood felt about the standards listed under section F. Mr. Hunstable said cities do this in several different ways and this is a minimal risk for Hillwood. Hillwood explained the construction schedule and the risk is no more than what is currently involved, as they will mass grade what they can without getting into the flood plain. Council member Lamont clarified the changes would effect future development. Council member Sterling confirmed all fees for grading, as well as any fees associated to grading are applicable under section K. Community Development Director, Beth Ann Gregory said cities with similar provisions are; Dallas, Fort Worth, McKinney, Crandell, Allen, Mesquite and Red Oak. Town Manager Emmons referenced C.8 and said Town Attorney, Patricia Adams is diligently working on the PID agreement for the February lgth own Council agenda deadline. Adams said it would be possible to provide a draft of the agreement to Council at their February lgth meeting. Mayor Sanders would like a workshop to discuss the agreement and would like the document provided in advance. Although the February lgth date seems impractical, Sanders requested the item be left on the Agenda for discussion. Council member Cates questioned why bids were not requested for the agreements listed in Items (3.9, 10 and 11. Town Manager Emmons responded State Statute does not require we go out for bids; however the Town's policy does. Emmons asked Council to decide and explained the bid process would probably produce the same results. The Town is already incurring expenses and in order to meet the timeline, the agreements need to be in place. Council member Cates believes the Council has a fiduciary responsibility to the future residents and needs to find out how competitive the fees are. A.3 Police Chief Kniffen gave the Invocation. A.4 Council member Sterling led the Pledges. A.5 Citizen presentations: LC Crowley, 410 Lakewood Drive - Spoke against the Ordinance designating the Town of Trophy Club a "Smoke Free" Town. Clem Fullerton, 1 Sunrise Court - Spoke against the Ordinance designating the Town of Trophy Club a "Smoke Free" Town. A.6 Police Chief Kniffen presented the following awards and commendations: Police Officer Robert Mastropiero - Community Service Medal and Bachelors Degree Award Sergeant Tony Simmons - Meritorious Conduct, Master Peace Officer and Instructor Sergeant Wes Tyler - Master Peace Officer, Military Service Award, Instructor, Educational Achievement Award and Police Commendation Corporal Scott Voigt - Military Service Award Chief Kniffen acknowledged the following recipients who were unable to attend the meeting: Captain Lee Delk - Instructor, Advanced Peace Officer and 10 years Service Award Police Officer Keith Burris - Educational Achievement Award Police Officer Mike Conklin - Advanced Peace Officer, Educational Achievement Award, 5 years Service Award and Certificate of Merit Police Officer Wade Montgomery - FTO Medal and Advanced Peace Officer Police Officer Jim Norcross - Military Service Award and Educational Achievement Award Police Officer Fred Lohman - Master Peace Officer, Military Service Award and FTO Medal Police Officer Chris Loftis - Educational Achievement Award and FTO Medal All matters listed as Consent Acrenda 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 Lamont, seconded by Williams to approve the Consent Agenda, Item B.1. Motion passed unanimously without any discussion B.l Consent agenda: Discuss and take appropriate action relative to a request for a Temporary Use Community Garage Sale Permit granted by Special Privilege. (Applicant: Betty Watson, Trophy Club Women's Club) End of Consent Agenda TOWN COUNCIL RECONVENE INTO REGULAR SESSION AT 7:16 P.M. 'REGULAR SESSION C.l Discuss and take appropriate action on a request for Preliminary Plat approval for an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. Applicant, Todd Price Owner of Southwest Development introduced himself. Mayor Sanders recognized Planning and Zoning Commissioner James Stephens who reported the radius issues would be addressed in the final plat. The Commission recommended approval by a unanimous vote. Mayor Sanders questioned if a drainage study was submitted. Stephens confirmed a drainage study was submitted, but not provided in the packet. Motion made by Williams, seconded by Sterling to approve. Council member Sterling questioned the side yard set back. Planning and Zoning Coordinator, Kerin Fleck answered zoning requirements do not apply; probably ten-feet. Mayor Pro Tem Williams asked if the annexation would be finalized by the final plat. Town Manager Emmons explained if the intent has already been submitted, we cannot stop with annexation. Mr. Price told Council the final plat was turned in last week and the Planning and Zoning Commissions is expected to review it at their first meeting in March. Motion passed unanimously without further discussion. C.2 Discuss and take appropriate action relative to a request for Preliminary Plat approval for an approximate 4.038 acre tract of land generally described as Mary Medlin Survey, Abstract No. 831, to be known as the Maintenance Facility Addition. Applicant: Beck Properties Trophy Club, L.P. (PP-06-008) Architect, George Blannas. Planning and Zoning Commissioner James Stephens advised the Council this plat was unanimously approved at their January 18, 2007 meeting. Mayor Sanders commented all parking issues have been solved. Council member Lamont confirmed the tree line will stay the same. Mayor Pro Tem Williams asked why Beck Properties submitted this request when the facility is owned by the Country Club. Architect on the project, George Ballans was present and explained the swap of land between the Country Club and Beck Properties. By constructing the maintenance facility Beck Properties is satisfying their part of the agreement. Motion made by Sterling, seconded by Williams to approve. Motion passed unanimously without further discussion. C.3 Discuss and take appropriate action regarding an Ordinance calling a JointJGeneral Election for May 12, 2007 between the Town and NISD, calling an election for the purpose of electing a Mayor and two Council Members to the Town Council and approving the terms of a joint election agreement between the Town and NISD. Motion made by Cates, seconded by Lamont to approve. Mayor Sanders confirmed the mover and second intended approval for both the Ordinance and Joint Agreement. Motion passed unanimously without any discussion. C.4 Discuss and take appropriate action regarding a Resolution amending Resolution 2006- 24 to appoint one citizen to serve on one seat on EDC 4B for the remainder of the unexpired term expiring in 2008. EDC 4B President, Jjm Hicks announced the names of the applicants as; Glen Strother, Richard Bell and Darin Davis. Hicks reported at their January 9, 2007 meeting, the EDC 4B unanimously voted to recommend Glen Strother to the Town Council to fill the vacancy. Hicks concluded Mr. Strother is well versed in construction management and is currently a member of the Public Works Advisory Group. Motion made by Sterling, seconded by Lamont to appoint Glen Strother to EDC-B Board. Motion passed unanimously without any discussion. C.5 Discuss and take appropriate action regarding the purchase of a video surveillancelsecurity system from the Court Building Security Fund. Town Manager Emmons provided Court was recently moved into the Public Services building. The prior surveillance security system (VCRIcameraltapes) is estimated to be at least eight years old and the picture quality is poor. Emmons added staff obtained two other estimates on installation, both in line with a consistent hourly labor rate; however, this specific installer appeared to represent a better value in terms of customer service and responsiveness. Motion made by Lamont, seconded by Cates to approve. Council member Sterling questioned who would be responsible for monitoring. Town Manager Emmons explained this will not be actively monitored; the IS Manager will have monitoring access via secure website access. Finance Director, Sakura Dedrick added the recording will see everyone entering and exiting the Public Service Building and will record all Court transactions. Motion passed unanimously without further discussion. C.6 Discuss and take appropriate action relative to an Ordinance repealing Section 7.01, "Procedures", of Article VII, "Developer's Agreement, Financial Assurances and Construction Contracts for Public Improvements", of Chapter 12 "Subdivision Regulations" and by repealing Section 8.11, "Land-Disturbing Activities", of Article VIII, "Tree Preservation and Removal", of Chapter 12, "Subdivision Regulations" of the Town's Code of Ordinances and adopting a new Section 7.01 and Section 8.01 of the Code of Ordinances. (ADIVI-07-028) Motion made by Williams, seconded by Lamont to approve. Town Manager Emmons recapped his explanation from the workshop. Mayor Sanders confirmed the developers would still need to observe the permit process. Council member Cates asked if the suggested amendments conflict with any other Ordinance. Town Manager Emmons responded early grading is part of the construction and does not remove the responsibility for the items covered in the developer's agreement. This would not release the Developer from obligation of items in the sub- dividers agreement. Mayor Pro Tem Williams verified this would require engineer approval. Motion passed unanimously without further discussion C.7 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 Pro Tem Williams commented the current Ordinance allows one sign for each candidate in each unplatted lot. There is always more than one sign per candidate in the unplatted lots coming in on Trophy Club Drive. Council member Lamont suggested an increase of more than twenty-five feet as the minimum distance between signs located on non-residential or unplatted property. Mayor Sanders would like to see commercial and residential clearly defined in the third sentence rather than any zoning lot or other parcel of land. Council member Sterling suggested increasing the space between the signs to 100 feet with one sign per candidate on any contiguous land or street. Council member Cates responded Trophy Club Drive is not contiguous and therefore would not eliminate the number of signs. Sterling recommended uninterrupted land. Mayor Pro Tem Williams agreed with Sterling and Lamont and believes increasing the distance between the signs from 100 to 125 feet will eliminate the overkill of signs. Town Attorney, Patricia Adams cautioned the Council concerning the restrictions for signs in commercial areas. Adams understands Council's intent to limit the number of signs at the Town's entrance and will provide suggested language at the February lgth meeting. C.8 Discuss and provide input regarding the Trophy Club Public Improvement District #I specifically related to the structure of the agreement and the proposed improvements. Town Manager Emmons asked the Council to reference the Engineer's Opinion of Probable Cost and Project List, listed on page 62 of the packet. Emmons stated these areas need to be nailed down pretty tight as they will be part of the district. Kirk Wilson from Centurion went through all items on the Project list. Neither Wilson nor Emmons could confirm if thoroughfare improvements of the high school road from Marshall Creek West to Hwy 377 were definite. Council member Lamont questioned who would fund this project, should the Town not fund their portion. Mayor Sanders answered the Town does not have any control once outside the Town boundary. Mayor Pro Tem Williams asked when the numbers will be finalized in order to put them into the PID. Mr. Wilson believes the numbers may change several times over the next couple of weeks and said it is better to secure pro rata funding. Wilson added they will do whatever it takes to build the road. Town Attorney Patricia Adams spoke to the question of financibility, statirlg Bond Counsel may decide it is not a good idea to include. Council member Cates asked about pushing Roanoke for the funding as their residents come through the Town in order to hit Hwy 114. Mayor Sanders responded the Town's residents use Roanoke's roads as well; Roanoke did receive approval from TXDOT to put in a stop light at Marshall Creek and 377. Town Manager Emmons said Roanoke has hired an engineering company to look at the traffic impact and how Trophy Club residents impact their revenues. Council discussed water distribution, acknowledging the Town will need to get water from either Upper Trinity, the MUDS or directly from Fort Worth. Mr. Wilson will provide the exhibits on all projects to Brandon and apologized for neglecting to invite the engineer. Mayor Pro Tem Williams said the comprehensive project cost equals $21,675,000.00; something will need to be cut. Mayor Sanders responded the bond council will help determine what is defensible and what is considered public improvements. Mayor Pro Tem Williams questioned the park improvements. Town Manager Emmons responded the improvements are for the proposed recreation center. Mr. Wilson answered Council Member Sterling's question that the partnership would have to satisfy the debit should the PID go over budget. Mayor Pro Tem Williams asked when Town Attorney Adams and Bond Counsel would have a qualified list ready for Council's review. Adams provided the list will be developed as we get in more detail. Town Manager Emmons said Centurion is looking at a total over 60 million dollars of improvements. No action taken C.9 Discuss and take appropriate action regarding an Investment Banking Agreement with Banc of America Securities to provide underwriting and related banking services for the Public Improvement District Bonds related to the Highlands at Trophy Club. Mayor Sanders explained there are a limited number of financial institutions that have the money necessary to issue these types of bonds. Town Manager Emmons said an uninsured bond is a very special piece of paper that a lot of banks will not touch. Financial Advisor, Dan Almon feels Banc of America is a good institution and 2% is a standard fee. Emmons added the Council could decide to go out for bid; however PlDs are still so new in Texas there are only a limited number of businesses that deal with these types of transactions and the result would probably be the same businesses presented tonight. Mayor Sanders listed Council's options; approve the engagement agreements presented, or request quotes. Sanders also recognized Kirk Wilson's request for the Council to strongly consider Banc of America as they have been on board with Centurion since the inception of this project. Motion made by Williams, seconded by Lamont to approve. Mayor Pro Tem Williams feels the Town is fortunate that Banc of America wants to participate and believes it behooves the Council to move forward and approve the agreement. Having been through other development, Council member Cates feels the Council has a fiduciary responsibility to find out what other options are available, plus approving counteracts the procurement policies. Cates is not comfortable approving the agreement without knowing the options and feels the Council should require bids. Council member Sterling suggested negotiating the 2% fee. Mr. Wilson responded 2% is standard and not outside what is reasonable. Wilson explained Banc of America is not providing any services and does not have a lot of competition to finance uninsured bonds. Based on the developers experience and the value of the lots, they are only financing the money and advancing the funds to the PID. Council member Lamont asked about keeping it local and questioned if Wells Fargo would consider. Mr. Wilson said Banc of America contacted him about a year ago and after several meetings, he feels very comfortable with them. Mayor Sanders had earlier concern about contradictiug the enforcement of procurement policies as anything over $25,000 requires bids. However knowing that Centurion is comfortable with Banc of America, Sanders is satisfied with the risk of not requiring the bid as per the policies. Council member Sterling is in favor and feels the developer has a vested interest. Motion passed 3:l, with Council member Cates voting against. C.10 Discuss and take appropriate action regarding an Engagement Agreement for financial advisory services between the Town of Trophy Club and Southwest Securities, Inc. Town Manager Emmons advised Dan Almon of Southwest Securities has been representing the Town in a slightly different role since 1992; the Town is familiar with his services and has been happy with his work product. Mr. Wilson is aware of Southwest Securities fee structure. Town Manager Emmons confirmed all agreements, once approved by Council will be forwarded to Wilson to apply to the reimbursement agreement. Motion made by Lamont, seconded by Williams to approve. Mayor Sanders confirmed the fees would be paid out of the PID; the Town will pay and then be reimbursed through the closing. Council member Cates disagrees with the manner this was presented and feels there is not enough information in order to make an informed decision. Council member Sterling agreed as this is more subjective than an underwriter's agreement. Mayor Sanders explained this type of fee is always applied to the issuance amount and is fairly typical of what you ask the advisor to do. Mr. Wilson added that currently there are only a few of these transactions working, and the groups working these transactions are the same ones presented. Motion passed 3: I, with Council member Cates voting against. C.ll Discuss and take appropriate action regarding an Engagement Agreement with MuniCap. Town Manager Emmons said Town Attorney Adams found three companies; one did not respond; of the other two, only MuniCap has representation in Texas. Mr. Wilson feels their fees are acceptable. Motion made by Sterling, seconded by Williams to approve. Motion passed 3:1, with Council member Cates voting against. Council member Sterling is impressed with Keenan Rice and thinks the deal will be solid. Council member Lamont questioned how to hold their feet to the fire regarding disclosure. Mr. Wilson will provide Town Manager Emmons their schedule of activities and disclosure process report. In addition all sale agents will be trained and information concerning the tax rate will be posted in the model homes. Motion passed 3:1, with Council member Cates voting against. C. 12 Items for Future Agenda. No items added. C.13 Reports. Town Manager Emmons gave his report. D.l Adjourn. Motion made by Williams, seconded by Lamont to adjourn. Meeting adjourned at 9:37 p.m. ~ica'~amsey, Town secretaryL.' Town of ~robh~ Club, Texas f&S& Nick Sanders, Mayor Town of Trophy ~iub,