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Minutes TC 01/08/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 8,2007 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 Joint Session and Regular Session on Monday, January 8,2007. 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 Scott Kniffen James Hicks Doyle Nicholson Larry Crosser Rebecca Shuman 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 Police Chief President, EDC 4B Vice-President, EDC 4B EDC 48, Board Member EDC 48. Board Member A.l Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a quorum was present. Mayor Sanders introduced Joe Fackel and Bob Bolan from the Buxton Group. A.2 Council member Sterling gave the Invocation. A.3 Council member Edstrom led the Pledges. A.4 Discuss and take appropriate action regarding a Proclamation recognizing Honorable Jim Carter for his service as a Denton County Commissioner. Mayor Sanders introduced the Honorable Jim Carter and read the Proclamation. Motion made by Edstrom, seconded by Williams to approve the Proclamation. Motion passed unanimously without any discussion. Mr. Carter treasures this award, as he is most proud of being the first Mayor of the Town of Trophy Club. Carter encouraged the Town Council to dedicate their principals to the ones that were laid out during his term as Mayor and during the incorporation of the Town. A.5 Citizen presentations: Joe Noblett, 240 Oakhill Drive - Is concerned about the variance request for 242 Oakhill and feels there is lack of oversight on issuance of building permits. Steve List, 101 Lakeside Drive - Spoke against Parks User Fees David Jahn, 1 Gentry Court - Spoke against Parks User Fees Lucas Reed, 4 Winstead Court - Spoke against Parks User Fees Wade Mullis, 20 Meadow Ridge Drive - Spoke against Parks User Fees All matters listed as Consent A~enda 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 Lamont to approve the Consent Agenda, ltem B. 1. Motion passed unanimously without further discussion B.l Consent Agenda: Discuss and take appropriate action regarding an Ordinance amending Chapter 10 of the Code of Ordinances entitled "Public Safety" by amending Article 12, previously entitled "Registered Sex Offenders" to Article 13, providing for the creation of a Fire Marshal's Office. End of Consent Agenda TOWN COUNCIL AND EDC 48 CONVENED INTO JOINT SESSION AT 7:21 P.M. *JOINT SESSION C.l EDC 4B President, James Hicks called to order EDC 4B and announced a quorum. C.2 Town Council and EDC 4B to discuss and consider the expenditure of EDC 4B funds to contract with the Buxton Group for psychographic profiling for the Town of Trophy Club. Buxton Group representative, Joe Fackel provided a brief history on the Buxton Group. Fackel summarized and outlined the comprehensive scope of work the Buxton group will perform as the Town pursues its retail attraction and expansion goals. The Buxton Group appreciates the opportunity to propose their services and said the group prides themselves on providing ongoing support. EDC 4B, President James Hicks mentioned EDC4B has been looking for some time to attract business and recalled their decision to pursue other options in 2005. Now having looked at other options EDC 4B agrees knowledge is indeed power and the Buxton Group will help the Town determine what will work. At Council's request to find retail services, EDC 4B recommends the Buxton Group as a viable strategy and requested Council not be short-sided in their decision, but rather be forward thinking and approve. Hicks suggested the fee be paid from the large project reserves, with half of the fee paid this fiscal year and the other half next fiscal year. The Buxton Group will allow the Town to create their own little niche and provide an excellent opportunities to reduce and keep property taxes at a desirable level given restraints of Trophy Club. C.3 EDC 4B to adjourn. Mayor Sanders asked that EDC 4B stay in session for the consideration of ltem D.1. TOWN COUNCIL RECONVENED INTO REGULAR SESSION *REGULAR SESSION D.l Discuss and take appropriate action regarding the expenditure of EDC 4B funds to contract with the Buxton Group for psychographic profiling of the Town of Trophy Club. EDC 4B, Board member, Larry Crosser thanked the Council for viewing the presentation and requested they stay focused on the big picture, which goes beyond the current needs of the current landowner. Crosser spoke of Council's request for EDC to be more active, stating Council's approval will enable this. EDC 4B is not asking for money, but an investment to help EDC 4B meet their responsibilities. David Glaser, 15 Overview - Spoke in favor of the contract with the Buxton Group. Council member Cates questioned if the study identified what businesses would be good in this area based on the retail value, rent and physical aspects of the area. Mr. Fackel responded the study would identify retailers with locations in trade areas similar to the Town's as potential matches, physical aspects will be taken into consideration and distance analysis will be performed to be sure that the location is a fit. Mayor Pro Tem Williams asked the radius of area and the best approach to developers who do not want to participate. Mr. Fackel answered the radius depends due to multiple drive times; an anchor tenant trade is going to be larger than the trade area for a Taco Bueno. Fackel stated the 18,000 available square feet at regency needs to be on the tax rolls and while the developers may not want to participate financially for the study they will want the information once the study is complete. It will be a team effort of local leasing people and staff who will market the companies that have been identified as well as to the developers. Council member Edstrom confirmed that four areas have been determined and questioned why Larry Stewart did not want to participate. Larry Crosser advised that Stewart has a file full of data that would help him develop the property and was originally interested in this idea. Edstrom is concerned the Town may spend $60,000 and the developers will not take advantage of the results. Council member Sterling verified there are nearly 500 retailers in the bank. Mayor Sanders commented on Larry Stewart's unwillingness to participate might be because Stewart currently does not have a concept plan and is only selling lots. Sanders agreed with Edstrom about the unsuccessful attempts to engage Stewart, suggesting perhaps were due to his last go around and the extensions. Sanders suggested leading marketable prospects to Stewart. Motion made by Lamont, seconded by Sterling to approve the recommendation of EDC 4B for the expenditure of $60,000, to be paid over a two year budget cycle and enter into a contract with the Buxton Group for the purpose of creating community id profile. Council member Lamont commented the Town has over 70 acres at approximately $800.00 an acre. The Town could recoup the cost that much faster if we accelerated putting the businesses in by two years Council member Sterling feels it is good idea to spend the funds but prefers to analyze only two sites rather than four in order to get a less expensive deal. Edstrom, Williams and Cates are all in favor and agree this is only one component of the strategic plan. Prior to approving all would like to see a detailed implementation and action plan, including a concept of what should be with the collected data. Council member Edstrom confirmed the study will take approximately 60 days and the implementation strategic plan could be developed while working on the public notification. Mayor Sanders questioned the terms of the agreement. Mr. Fackel responded typically 50% would be requested at the execution of the agreement and then invoices would be sent over the course of the contract. Because this contract would be billed over the course of two budget cycles, they would ask for $30,000 up front and then bill for the remaining $30,000 in the next budget year. EDC 4B, Board member, Rebecca Shuman advised planning is a big part of their job with the purpose of removing risk. Council's approval of this study will allow them to present good recommendations. The Board has already developed long-range goals, and at Council's request has found and researched a firm to help develop a plan. The mover modified the motion to move forward with the proposal, hold a Public Hearing and come back to Council, the second agreed. Council member Edstrom amended the motion to include an outline and an implementation plan. Mayor Sanders clarified the motion was to approve in concept, the expenditure up to $60,000 for the Buxton study which will be funded by EDC 4B, EDC 4B will hold the Public Hearing and develop an implementation plan to be presented to Council as soon as practical. Both the mover and second agreed. Mayor Sanders questioned Buxton's original proposal, which included a discount if Council approved by the end of the year. Mr. Fackel confirmed the price outlined in the EDC proposal, four sites for $60,000. Sanders thanked the Council for their diligence, EDC 4B for bringing this forward and the significance of this Item being unanimously approved by six EDC 4B members. Sanders is in favor of the motion, he feels the key is to be proactive; we need a plan with a good idea and currently do not have the staff to conduct the research in order to recruit retailers. Motion passed unanimously without further discussion. D.2 Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2005-20 establishing guidelines and criteria for tax abatements and adopting new guidelines and criteria for tax abatements entitled "Town of Trophy Club, Texas Policy Statement for Tax Abatement (2007)" Town Manager Emmons remarked the Council passed a Resolution approving tax abatement guidelines in August of 2005. This Resolution adopts new guidelines that are the same in all respects, except definitions and a tax abatement schedule recommended by EDC 4B has been included. Emmons commented the schedule does not include 100% abatement and the business will still need to invest, resulting in a return for the Town. Motion made by Sterling, seconded by Williams to approve. Council member Edstrom questioned how the schedule was determined. Town Manager Emmons explained schedules from surrounding areas were considered, some were more forth coming than others since they are not in the competitive area. Council member Sterling thinks the schedule is easy to understand and its appeal will attract business. Mayor Sanders announced that Community Development Director, Beth Ann Gregory and staff are working on developing an Economics Development website. Motion passed unanimously without further discussion. D.3 Discuss and receive input regarding the potential creation of a reinvestment zone and the boundaries of the zone. Town Manager Emmons sought Council's direction regarding the potential creation of a reinvestment zone and the area(s) to be included in the reinvestment zone. In the four zones there is approximately 74 acres of commercial which was identified in the Buxton proposal. Emmons explained staff would prefer Council's recommendation prior to spending the money on the publication. Mayor Sanders mentioned two smaller areas; one across the street from the Firehouse and another piece located behind Tom Thumb between the creek and the tennis courts. Mehrdad Moayedi of Centurion is considering selling the corner development for Village Center. Council member Edstrom questioned how the new facilities, new value and modernization differ from the other reinvestment zones. Town Manager Emmons explained in order for the facilities to go in it has to be designated as a reinvestment zone. Council member Sterling questioned if the property has to be stated specifically. Town Manager Emmons advised the publication has to list the legal description of each zone as a reinvestment zone. Sterling is in favor of encompassing all commercial property. Council member Edstrom agreed and feels it to the Town's advantage to include all commercial space. Mayor Pro Tem Williams added all property with the potential for commercial needs to be included. Mayor Sanders asked what Council felt about the 26 acres of which 40% by the Clock Tour is zoned for recreation. Mayor Pro Tem Williams and Council member Cates and Sterling feel this area should be included. Council member Lamont asked why areas five and six were not included. Mayor Sanders answered the piece that used to be the old clubhouse, which is zoned for office space and owned by Beck. The piece behind Tom Thumb was bought by Centurion and is zoned commercial; a potential visitor center has been discussed. Emmons added the intent was to include the commercial recreation in the 26 acres. Mayor Sanders advised this item was for direction only. Motion made by Williams, seconded by Sterling to proceed with the development of the reinvestment zone. Motion passed 3:0:1, with Edstrom abstaining, as the Item was not posted for action. Town Attorney, Patricia Adams counseled the motion would be on the consensus of the input. Motion made by EDC 4B Board member Nicholson, seconded by EDC 4B Board member Crosser to adjourn. EDC 48 adjourned at 8:57 P.M. D.4 Discuss and take appropriate action to approve the financials and variance report dated November 2006. Motion made by Edstrom, seconded by Sterling to approve. Mayor Pro Tem Williams asked if additional was still owed on insurance under Administration as it is budgeted at a total of $50,500 and year to date have paid $38,800. Finance Director, Sakura Dedrick responded additional expense is still owed and explained last year the Insurance Company advised the Town owed more and split the cost over a two-year period. Williams clarified the savings with Quick Pay; budgeted at $62,000 and the final payment of $55,000. Town Manager Emmons commented on the variance report, explaining we should be at 25% for lndependent labor in both the Police and Fire Department. For appropriateness, the Police Department has restructured the employees considered as lndependent Labor to part-time. Currently one PSO has gone back to full-time fire fighter position and Emmons asked the Council to consider converting one of the part-time Police Officer into a full-time Officer to cover the staffing shortage. If allowed, a budget amendment of a line item transfer from salary in Administration to the Police Department would be used to compensate toward the overage. Emmons added in order to increase staffing in the Fire Department the MUD'S approval would be necessary. Council member Sterling questioned why a readjustment is needed on items that are payable over a two- year period, but are fully expensed from day one. Finance Director, Sakura Dedrick explained the entire amount of loan to capital expense in the department budget is taken out as a Journal entry, credited back as cash and then the Proceeds For Loan is credited. When the actual annual payments are made, cash is credited and the department budget is debited. Mayor Sanders asked about Dues and Membership under Community Development. Town Manager Emmons explained APWA was miscoded in the amount of $2,000 but should have only been for $234.00 and will be removed from the line. Motion passed unanimously without further discussion D.5 Items for Future Agenda. Mayor Sanders pointed out additional research was needed on the following items, therefore they have been moved to the February meetings: Ordinance to designate The Town of Trophy Club a "Smoke Free" Town. (215) Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the vehicle until the vehicle is properly insured and inspected. (211 9) Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the driver does not have a current or valid Drivers License. (211 9) Council member Edstrom requested to remove item 2 regarding the Building Standards Commission until such time that she and Town Manager Emmons can discuss and review. Mayor Pro Tem Williams requested an item be added to the January 22"d Agenda to discuss the possibility for a Charter Amendment Election Council member Cates, requested item 14, regarding the amendment to Sign Regulations relative to political signs and quantity per commercial lot, be added to the February 5th Agenda and will provide Town Manager Emmons the specifics she would like addressed. D.6 Reports. (a) Town Manager Emmons gave his report. E.l Adjourn. Motion made by Williams, seconded by Lamont to adjourn. Meeting adjourned at 9:18 p.m. -, Town of ~r&h~ Club, Texas Town of ~ro~h~ ~iub, Texas