agenda benbrook city council thursday, february 19, 2015 911
Transcription
agenda benbrook city council thursday, february 19, 2015 911
AGENDA BENBROOK CITY COUNCIL THURSDAY, FEBRUARY 19, 2015 911 WINSCOTT ROAD, BENBROOK, TEXAS PRE-COUNCIL WORKSESSION 7:00 P.M. CENTRAL CONFERENCE ROOM 1. Review and discuss agenda items for regular meeting REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS ALL AGENDA ITEMS ARE SUBJECT TO FINAL ACTION I. CALL TO ORDER II. INVOCATION/PLEDGE OF ALLEGIANCE Invocation To Be Given By Pastor Parkey Cobern Of Capstone Church III. MINUTES 1. Approve The Minutes Of The Regular Meeting Held February 5, 2015 Documents: CC MINUTES-02-05-15.PDF IV. CITIZEN PRESENTATION 1. Angela Zarate - Raise Awareness For Relay For Life Event Documents: CITIZEN REQUEST ANGELA ZARATE.PDF V. REPORTS FROM CITY MANAGER A. GENERAL G-2172 Accept Finance Report For Period Ending January 31, 2015 Documents: G-2172 FINANCE REPORT JANUARY 2015.PDF, G-2172 REVENUE CHART.PDF, G-2172 EXPENDITURE CHART JAN 2015.PDF, G-2172 SALES TAX COMPARISON.PDF G-2173 Adopt Ordinance Readopting Tax Abatement Guidelines And Criteria Documents: G-2173 TAX ABATEMENT GUIDELINES AND CRITERIA.PDF, G-2173 ORDINANCE TAX ABATEMENT GUIDELINES 2015.PDF G-2174 Safe Room Rebate Program Documents: G-2174 SAFE ROOM REBATE PROGRAM.PDF G-2175 Approve Lease Transfer For Whitestone Golf Course Documents: G-2175 APPROVE LEASE TRANSFER FOR WHITESTONE GOLF COURSE.PDF, G-2175 WHITESTONE INTRODUCTORY LETTER 2 9 15.PDF, G-2175 TOUCHSTONE MANAGED PROPERTIES 2.10.15.PDF, G-2175 TSG 5929 SINGLE PAGE (3).PDF VI. INFORMAL CITIZEN COMMENTS State Law Prohibits Any Deliberation Of Or Decisions Regarding Items Presented In Informal Citizen Comments. City Council May Only Make A Statement Of Specific Factual Information Given In Response To The Inquiry; Recite An Existing Policy; Or Request Staff Place The Item On An Agenda For A Subsequent Meeting. The Exception To Informal Comments Is That Once An Election Date Has Been Set By City Council Comments Relative To Elections Will Not Be Broadcast On The City’s Cable Channel. However, A Copy Of The Tape Containing Citizens’ Comments Will Be Available At City Hall For Review Or Purchase By Interested Citizens. VII. COUNCIL MEMBER AND STAFF COMMENTS Announcements From City Councilmembers And City Staff May Be Made For Items To On An Agenda For A Subsequent Meeting. The Exception To Informal Comments Is That Once An Election Date Has Been Set By City Council Comments Relative To Elections Will Not Be Broadcast On The City’s Cable Channel. However, A Copy Of The Tape Containing Citizens’ Comments Will Be Available At City Hall For Review Or Purchase By Interested Citizens. VII. COUNCIL MEMBER AND STAFF COMMENTS Announcements From City Councilmembers And City Staff May Be Made For Items To Include: Expression Of Thanks; Congratulations; Condolence; Recognition Of Public Officials, Employees Or Citizens; Information Regarding Holiday Schedules; Reminders Of Community Events Or Announcements Involving An Imminent Threat To The Public Health And Safety Of The Municipality That Has Arisen After The Posing Of The Agenda. No Discussion Or Formal Action May Be Taken On These Items At This Meeting. VIII. ADJOURNMENT MINUTES OF THE MEETING OF THE BENBROOK CITY COUNCIL THURSDAY, FEBRUARY 5, 2015 The regular meeting of the Benbrook City Council was held on Thursday February 5, 2015 at 7:30 p. m. in the Council Chambers at 911 Winscott Road with the following Council members present: Jerry Dittrich, Mayor Renee Franklin Larry Marshall Rickie Allison Jim Wilson Mark Washburn Ron Sauma Also Present: Andy Wayman, City Manager Beth Fischer, Recording Secretary Sherri Newhouse, Finance Director Jenifer Reiner, Planner Others Present: Ed Gallagher Bill Smith Deepak Sulakhe, OmHousing Mark Mourer Kent Williams I. CALL TO ORDER Meeting called to order at 7:30 p. m. by Mayor Dittrich. II. INVOCATION/PLEDGE OF ALLEGIANCE Invocation given by Mack Johnson with Tabernacle of Praise The Pledge of Allegiance was recited. III. MINUTES 1. Minutes of the Regular Meeting held January 15, 2015 Motion by Mr. Allison seconded by Ms. Franklin to approve the minutes of the regular meeting held January 15, 2015. 1 Vote on the Motion: Ayes: Ms. Franklin, Mr. Allison, Mayor Dittrich, Mr. Wilson, Mr. Washburn, Mr. Sauma Noes: None Abstain: Dr. Marshall Motion carries 6-0-1. IV. REPORTS FROM CITY MANAGER A. GENERAL G-2170 Accept Hotel/Motel Tax Report for quarter ending December 31, 2014 Sherri Newhouse gave the following report: Revenues for the City’s hotel/motel occupancy tax fund totaled $38,258 for the quarter beginning October 1, 2014 and ending December 31, 2014. Revenue from the hotel/motel occupancy tax totaled $36,858. The remainder of the revenue was from donations, the sale of DVDs, and interest income. Expenses for this quarter totaled $32,912. Visitor’s Center expenditures were $29,942. The Benbrook Area Chamber of Commerce requested reimbursement of $900 for the Barbeque/Cook-Out event. Winter Wonderland expenses totaled $2,070. For the first quarter of the 2014-15 fiscal year, revenues of $38,258 exceeded expenditures of $32,912 by $5,346. The fund balance for the hotel/motel occupancy tax fund increased from $295,608 to $300,954. Motion by Mr. Washburn, seconded by Dr. Marshall to accept the Hotel Motel Tax Report for the period ending December 31, 2014. Vote on the Motion: Ayes: Ms. Franklin, Dr. Marshall, Mr. Allison, Mayor Dittrich, Mr. Wilson, Mr. Washburn. Mr. Sauma Noes: None Motion carries unanimously. 2 G-2171 Consider Resolution of support regarding apartment complex (Villas at Boston Heights) at 3510 Boston Avenue Jenifer Reiner gave the following report: OM Housing is again preparing an application for tax credit financing for a proposed multi-family project on 10.5 acres of vacant land in North Benbrook on Boston Avenue. A portion of the old Tandy Town shopping center is located to the north, single family residential lies to the south, and a parking lot for Western Hills High School is located across the street to the east. The western property abuts the City limits. Single family residential in Fort Worth is located to the west. The subject property is zoned D-PD Multiple Family Planned Development District by court order in 1970. While the zoning allows up to 25 dwelling units per acre for a maximum of 262 units, the developer has committed to limit the development to a total of 150 units. At the direction of the City Council last year, staff spoke with staff in Cedar Hill, Dallas, Irving, and Mesquite regarding their experience with OM Housing and all of the comments were favorable. The conceptual site plan shows four two-story apartment buildings and four building which will be a combination of two- and three stories. Note that 2-story units are located along the southern property line. The plan has not changed from last year at which time the staff has provided the developer with a number of comments and suggestions on the draft site plan, mostly related to fire access and minimizing the impact on the residences to the south. The proposed project will be required to comply with all City development requirements and will require site plan approval by the Planning and Zoning Commission. Tax credit financing is authorized by Congress under Section 42 of the Internal Revenue Code as a means to provide an incentive for the private market to invest in affordable housing. Administered by the state, credits are awarded to developers of qualified projects on a competitive basis. This is not Section 8 housing. To raise capital for the project, the developer sells the credits to an investor, reducing the amount that the developer must borrow and thereby reducing the debt. The result is that the developer can offer lower rental rates. To qualify for the credits, the developer must provide rental units to families that fall below certain income limits and rents must be restricted as well. The median family income in Tarrant County is $65,800. The rental rates are affordable based on the local area and lower. Because rates are not subsidized, renters must be employed or living on Social Security or another fixed income source in order to qualify. The City Council has three options regarding the request for a resolution: 1. Provide a resolution of support; 2. Prove a resolution of "no objection; or 3 3. Take no action The application for tax credits provides differing point values for each of these actions. The property has remained vacant for over four decades, indicating a market-rate housing project is not economically-viable or may be result in a lesser quality, higher density product. It is the staff's opinion that tax credit funding offers the best opportunity to develop the property with the quality desired in Benbrook. Deepak Sulakhe, President and CEO of Om Housing addressed City Council on the proposed Multi-family development at 3510 Boston Avenue to be known as Villas at Boston Heights. The property is currently zoned “D” Multiple-Family District on 10.51 acres. The permitted density is 25 units/acre or up to 262 units. The property is listed on all major marketing databases. The proposed density is about 13.7 units/acres or up to 144 units. Approximately $20 is to be financed by a combination of proceeds from HTC, FHA221 (d)4 loan, local funding and developer equity. The cost per square feet in hard cost is $95 in hard cost or approximately $140,000/unit in total costs. The exterior finishes will have over 75% combination of stone and brick. The project will comply with the City’s architectural, landscape, traffic impact analysis and noise attenuation standards. Safety is provided through different means. Strict screening of residents limits 1 in 7 to qualify. Amenities include spacious Clubhouse, swimming pool, fitness center, business center, community room with A/V, Bicycle Racks, BBQ Grilles, 9” ceilings, stainless appliances. The proposal is “Affordable Housing” and is not to be confused with “Section 8” Public Housing. The project is highly regulated with annual inspections conducted by the State, FHA, the lender and investors to ensure that the physical quality and residency are maintained. The annual operations sets aside adequate budget for long-term maintenance and up keep. The developer will involve local civic organizations to provide resident lifestyle services to enhance the quality of living for residents. Financing terms require the developer to be a long term owner and not a “Merchant Builder” so there will be no absentee ownership. The project is a $20 million investment, increased tax assessment, 150+ construction jobs, high quality housing for employees and local chamber for construction bidding. The project will pay full city fees and taxes. 4 The project is to be LEED Certified/Eco-Friendly with preservation of trees, energy efficiency, water efficiency, and improved indoor air quality for healthier living. A Resolution of Support is required by February 27, 2015 to assist in applying to TDHCA for tax-credit funding. Motion by Mr. Wilson, seconded by Dr. Marshall to provide a Resolution of Support for the project as presented. Vote on the Motion: Ayes: Ms. Franklin, Dr. Marshall, Mr. Allison, Mayor Dittrich, Mr. Wilson Noes: Mr. Washburn, Mr. Sauma Motion carries 5-2. V. INFORMAL CITIZEN COMMENTS VI. COUNCIL MEMBER AND STAFF COMMENTS VII. ADJOURNMENT Meeting adjourned at 8:17 p.m. APPROVED: ______________________ Jerry B. Dittrich, Mayor ATTEST: __________________________ Joanna King, City Secretary 5 Joanna King From: Sent: To: Subject: Andres and Angela Zarate <[email protected]> Monday, February 09, 2015 9:33 AM Joanna King Feb. 19 City Council Meeting Good morning Joanna, Can I please be put on the next City Council meeting agenda? I would like to bring up the idea to 'Paint the Town Purple' the week of our Relay for Life event, April 6 - 10, ending with the date of our actual event on April 10. We hope to raise awareness for cancer research as well as promote the annual Relay for Life event. A few examples of painting the town purple are putting purple ribbons around trees and light poles, placing yard signs and banners at approved locations, including City Hall, Relay posters and balloons displayed at Benbrook businesses and the city's support of wearing purple on April 10. We have heard numerous times over the years that many of our Benbrook residents don't know about Relay for Life or that it even exists in our community, and we hope to change that. Please let me know if you have any questions or concerns regarding my request. Thank you so much, Angela Zarate Relay for Life of Benbrook, Event Lead (817) 454-2510 1 City of Benbrook CITY COUNCIL COMMUNICATION DATE: REFERENCE NUMBER: 02/19/15 G-2172 SUBJECT: PAGE: Accept finance report for period ending January 1 of 2 31, 2015 GENERAL FUND General Fund revenues for the month of January were $3,075,561. Property tax collections were $2,648,758. Sales tax collected in December 2014 but received by the City and recognized as revenue in January 2015 was $173,580 for the month. A separate summary of sales tax revenue collections is provided for informational purposes. General Fund revenues collected through the end of January were $9,432,518 or 58.81% of the budget. General Fund expenditures for the month of January were $1,254,808. January 31, 2015 were $5,044,250 or 30.80% of the adopted budget. Expenditures as of For the 2014-15 fiscal year-to-date, total General Fund revenues of $9,432,518 exceeded General Fund expenditures of $5,044,250 by $4,388,268. DEBT SERVICE Debt Service revenues collected for the month of January 2015 were $83,098. Debt Service principal and interest payments due February 1, 2015 and paid in January 2015 totaled $1,395,196. Total Debt Service revenues for the 2014-15 fiscal year were $248,939. Total expenditures of $1,395,196 exceeded total revenues by $1,146,257. EDC EDC expenditures as of January 31, 2015 were $1,047,818. Total revenue was $1,317,103. EDC revenues for the year exceeded EDC expenditures by $269,285. Revenues include $999,472 from the sale of the property located at 8501 Benbrook Boulevard. CAPITAL PROJECTS Total revenues received through January 31, 2015 for the Capital Projects Fund were $386,326. There were no expenditures for the Capital Projects Fund in for the period from October 1, 2014 through January 31, 2015. SUBMITTED BY: DISPOSITION BY COUNCIL: APPROVED OTHER (DESCRIBE) PROCESSED BY: CITY SECRETARY DATE: CITY MANAGER DATE: 02/19/15 REFERENCE NUMBER: G-2172 SUBJECT: PAGE: Accept finance report for period ending January 2 of 2 31, 2015 CASH & INVESTMENTS On January 31, 2015, the City had $21,842,489 invested at varying interest rates; the EDC had $6,180,060 available. RECOMMENDATION Staff recommends that City Council accept the finance report for the period ending January 31, 2015. Revenue Trend Comparison 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 (2,000,000) 2013-14 OCT 829,770 NOV 1,146,277 DEC 3,423,533 JAN 3,988,059 2014-15 YTD 13-14 FEB 1,778,115 MAR 1,383,675 APR 418,169 MAY 690,970 JUNE 1,027,439 JULY 188,781 AUG 624,663 SEPT 315,059 484,634 942,425 4,929,898 3,075,561 829,770 1,976,046 5,399,579 9,387,638 11,165,753 12,549,428 12,967,597 13,658,566 14,686,005 14,874,786 15,499,449 15,814,509 YTD 2014-15 484,634 1,427,059 6,356,957 9,432,518 % Change 2013-14 to 2014-15 -41.59% -27.78% 17.73% 0.48% Expenditure Trend Comparison 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 2012-14 OCT 992,734 NOV 1,086,638 DEC 976,247 2014-15 1,041,570 1,091,832 1,650,671 JAN 1,577,617 FEB 1,115,152 MAR 1,581,269 APRIL 1,259,666 MAY 1,140,737 JUNE 2,847,840 JULY 1,447,208 AUG 1,032,598 SEPT 1,121,186 5,748,388 7,329,657 8,589,323 9,730,060 12,577,900 14,025,108 15,057,706 16,178,892 YTD 13-14 992,734 2,079,372 3,055,619 4,633,236 YTD 14-15 1,041,570 2,133,402 3,784,073 5,044,250 105% 103% 124% 109% % Chg 2013-14 to 2014-15 CITY OF BENBROOK SALES TAX ANALYSIS AS OF JANUARY 31, 2015 YEAR-TO DATE OCTOBER FIRST QUARTER NOVEMBER DECEMBER SUB-TOTAL JANUARY SECOND QUARTER FEBRUARY MARCH SUB-TOTAL APRIL THIRD QUARTER MAY JUNE SUB-TOTAL JULY FOURTH QUARTER AUGUST SEPTEMBER SUB-TOTAL ANNUAL TOTAL 2008-09 578,429 115,329 196,597 147,653 459,579 118,851 208,401 166,682 493,933 115,362 117,485 120,110 352,957 179,591 201,954 142,882 524,427 1,830,896 2009-10 525,481 130,551 172,053 106,827 409,432 116,050 173,780 126,019 415,849 110,808 212,181 132,414 455,403 138,682 194,432 152,442 485,557 1,766,240 2010-11 734,094 212,494 161,967 160,492 534,954 199,141 190,084 143,760 532,985 245,116 223,000 181,216 649,331 229,160 196,711 175,140 601,011 2,318,281 2011-12 818,149 218,564 161,430 186,638 566,632 251,517 168,551 171,053 591,121 236,986 178,165 188,604 603,754 218,557 178,708 161,070 558,335 2,319,841 2012-13 804,128 215,752 184,452 181,368 581,572 222,555 170,084 174,164 566,803 201,241 164,765 202,525 568,531 211,491 178,411 170,324 560,225 2,250,173 2013-14 789,117 215,869 177,403 161,342 554,614 234,503 154,780 155,432 544,714 229,367 176,980 175,792 582,138 217,955 199,305 187,172 604,432 789,117 2014-15 831,882 215,101 207,526 173,580 596,207 235,674 Change 2008-09 to 2009-10 -9.15% Change 2009-10 to 2010-11 39.70% Change 2010-11 to 2011-12 11.45% Change 2011-12 to 2012-13 -1.71% Change 2012-13 to 2013-14 -1.90% Change 2013-14 to 2014-15 5.42% Budget 2014-15 1,800,000 Projected 2014-15 1,800,000 Variance from Budget - City of Benbrook CITY COUNCIL COMMUNICATION DATE: REFERENCE NUMBER: 02/19/15 G-2173 SUBJECT: PAGE: Adopt Ordinance readopting Tax Abatement 1 of 1 Guidelines and Criteria State law requires that no tax abatements can be granted unless the City has adopted guidelines and criteria. Furthermore, the guidelines and criteria must be readopted every two years. Benbrook’s current guidelines and criteria (Ordinance 1332) expired in February 2014 and should be readopted. Staff is not recommending any changes to the Guidelines. The readopted tax abatement guidelines provide the option of negotiating tax abatements for new or expanded manufacturing facilities with more than $3,000,000 in new investment, or ten or more new employees. The guidelines also allow for abatements for new hotels with more than 50 rooms. Abatement agreements are limited to ten years in length and a maximum of 100 percent of the new appraised value. Businesses will still be responsible for taxes on the pre-improved value of their property. Tax abatements are not allowed within the TIF District boundaries. Although Benbrook has had guidelines for tax abatement agreements since 1992, no tax abatements have ever been granted. However, having the abatement policy provides an opportunity to attract potential commercial and industrial developments to the City. RECOMMENDATION Staff recommends that the City Council adopt the ordinance readopting guidelines and criteria for tax abatement agreements. SUBMITTED BY: DISPOSITION BY COUNCIL: APPROVED OTHER (DESCRIBE) PROCESSED BY: CITY SECRETARY DATE: CITY MANAGER ORDINANCE 1379 AN ORDINANCE AMENDING AND READOPTING CHAPTER 3.20 (TAX ABATEMENT AGREEMENTS) OF THE BENBROOK MUNICIPAL CODE (1985), AS AMENDED, READOPTING GUIDELINES AND CRITERIA FOR TAX ABATEMENT AGREEMENTS AND DESIGNATION OF REINVESTMENT ZONES, DEFINING QUALIFYING FACILITIES, ESTABLISHING THE TERM AND LIMITS OF ABATEMENT, REQUIRING AN APPLICATION, DELEGATING ADMINISTRATIVE AND NEGOTIATION; ANDENDING CHAPTER 1.12 (FEES FOR PUBLIC SERVICES); PROVIDING FOR ENFORCEMENT AND PENALTIES, PROVIDING FOR VARIANCES AND EXPIRATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Benbrook is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City seeks to increase investment and general wealth within the City through the attraction and expansion of industry and development of industrial lands in the City; and WHEREAS, the City desires to establish reinvestment zones for tax abatement as an incentive to attract new industry to the City and encourage major expansion of existing industries; and WHEREAS, the City Council has previously adopted guidelines and criteria for tax abatement in accordance with Chapter 312 of the Tax Code; and WHEREAS, the City Council desires to amend and/or readopt those guidelines in accordance with State Law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BENBROOK, TEXAS: SECTION 1. READOPTION That Chapter 3.20 – Tax Abatement Agreements of the Benbrook Municipal Code (1985), as amended), is hereby readopted in its entirety. Page 1 of 2 SECTION 2 SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3 PUBLICATION AND EFFECTIVE DATE The City Secretary of the City of Benbrook is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Section 3.10 of the Charter of the City of Benbrook. The City Secretary of the City of Benbrook is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause, publication clause and effective date clause in the minutes of the City Council and by filing the ordinance records of the City. The City Secretary of the City of Benbrook is hereby directed to publish the caption, penalty clause, publication clause and effective date clause of this ordinance for two (2) days in the official newspaper of the City of Benbrook, as authorized by Section 52.013 of the Local Government Code. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED this 19th day of February, 2015. _______________________________ Jerry B. Dittrich, Mayor ATTEST: ________________________________ Joanna King, City Secretary Page 2 of 2 City of Benbrook CITY COUNCIL COMMUNICATION DATE: REFERENCE NUMBER: 02/19/15 G-2174 SUBJECT: PAGE: Safe Room Rebate Program 1 of 1 Benbrook has recently been awarded $93,000 to provide rebates for residents who wish to construct safe rooms. The following is a summary of the program: Authorization of the Safe Room Rebate Program The Hazard Mitigation Grant Program (HMGP) is authorized under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act and provides opportunity to fund mitigation measures to reduce loss of life and property. Safe rooms are an eligible activity under the HMGP. Safe room construction projects can provide immediate life-safety protection for people and private structures from tornado and severe wind events. These projects include retrofits of existing buildings or newly-constructed safe room projects in owner-occupied single-family or multiplefamily residences. Benbrook Individual Safe Room Rebate Program The City of Benbrook has been selected by the Texas Division of Emergency Management (TDEM), and approved by the Federal Emergency Management Agency (FEMA), to receive funding to implement the Individual Safe Room Reimbursement Program (SRRP) in Benbrook. The grant of $93,000 will fund rebates for approximately 30 safe rooms. Qualified projects are eligible for a 50 percent rebate ($3000 maximum) of the installed cost of an individual safe room. Implementing the Benbrook SRRP accomplishes one of the tornado mitigation projects of the 2012 Benbrook Hazard Mitigation Plan. In addition to owner-occupied single-family residences, duplexes and townhomes also may qualify for the program. The program will be administered by the Planning and Inspections Departments, the Fire Department, and the Finance Department. Property owners will submit an application to the City for interior, exterior, or below-ground residential safe rooms. Eligibility of a specific property will be based on a first-come, first-serve basis and criteria based on use and location. Properties within the floodplain are not eligible. All safe rooms will be built to FEMA standards. The City will document each site for compliance with environmental laws in accordance with the Texas Division of Emergency Management, Texas Individual Safe Room Rebate Program Handbook. The City will receive an administrative fee of $100 for each safe room. It is estimated that the program will take 24 months to administer. Other than staff time, there would be no other costs to the City. RECOMMENDATION No action is required. SUBMITTED BY: DISPOSITION BY COUNCIL: APPROVED OTHER (DESCRIBE) PROCESSED BY: CITY SECRETARY DATE: CITY MANAGER City of Benbrook CITY COUNCIL COMMUNICATION DATE: REFERENCE NUMBER: SUBJECT: PAGE: 02/19/15 G-2175 1 of 2 Approve Leave Transfer for Whitestone Golf Course In late November 2014, City Council was informed in an executive session of a possible change in lease holder for Whitestone Golf Course pursuant to a pending foreclosure by Lynx Grantor Trust. The pending foreclosure was related to a note held by Lynx Grantor Trust. At the time, the note had matured, but Meditrust Golf Group II (borrower and leaseholder) had not paid the outstanding principal and accrued interest on the note. The City of Benbrook and Meditrust Golf Group II, Inc. entered into a lease agreement for the construction and operation of Whitestone Golf Course on August 7, 1998. The foreclosure took place in December and Lynx Grantor Trust assumed the Whitestone Golf Course lease. The transition was seamless, despite occurring during the holiday season. According to the lease, the City has certain approval rights in the event a leasehold mortgagee, such as Lynx Grantor Trust, obtains possession of the leasehold estate. In such event and in accordance with the lease, the leasehold mortgagee will engage competent management of the golf course, and the entity providing the management is subject to written approval of the City, which approval shall not be unreasonably withheld or delayed so long as such management entity and its principals have five or more years of experience in operating golf courses and are considered by the City, using reasonable judgment, to be competent and capable operators. Pursuant to the Lease, Lynx Grantor Trust has retained Touchstone Golf, LCC (Golf Management Companies - TouchstoneGolf.com) to manage the Golf Course. Upon review of qualifications (attached), Staff believes that Touchstone Golf easily meets the approval standards under the lease. Touchstone Golf manages 35 golf courses in 11 states including 8 golf courses in Texas. Principles of the company have over 30 years of golf course operations experience. In addition, Lynx Grantor Trust and the City Attorney are finalizing a lease assumption agreement binding Lynx Grantor Trust to the covenants and conditions of the original golf course lease agreement. SUBMITTED BY: DISPOSITION BY COUNCIL: APPROVED PROCESSED BY: OTHER (DESCRIBE) CITY SECRETARY DATE: CITY MANAGER DATE: 02/19/15 REFERENCE NUMBER: SUBJECT: PAGE: G-2175 Approve Leave Transfer for Whitestone Golf Course 2 of 2 RECOMMENDATION Staff recommends that City Council: 1. Approve Touchstone Golf, LLC as Whitestone Golf Course operator on behalf of Lynx Grantor Trust; and 2. Authorize the City Manager to execute a lease assumption agreement, once finalized by the City Attorney and Lynx Grantor Trust. February 9, 2015 Dear Benbrook City Council: Please allow me to introduce myself. My name is Chris Robertson, I am Touchstone Golf’s Regional Vice-President and it’s my privilege to lead the team that has recently been appointed as the managers of Whitestone Golf Club. We are pleased to be involved with this well respected Club, its loyal patrons and the great community of Benbrook. I wanted to take an opportunity to introduce our management group to you and to begin the process of transferring the land lease to Lynx REO, LLC. Touchstone was founded in 2005 by two brothers with extensive backgrounds in, and a profound love of the game of golf. Our firm’s first client was the PGA Tour for whom we provided consulting services relating to the marketing of their destination TPC branded courses. Upon completion of that assignment we took on management responsibility of our first course, Painted Dunes Golf Course in El Paso – a property we manage to this day. Currently, we manage or lease 35 courses located in eleven states that we operate for municipalities, single and multi-course owners and financial institutions. I am based in Frisco and our finance and accounting office is located in Austin. Touchstone’s CEO and COO, Steve Harker and Mark Luthman live in Northern California. In addition I would like to introduce our new General Manager, Chris Hopper. Chris has been working for Touchstone as our general manager at Wedgewood Golf Course in Conroe since January 2013. He is a graduate of Texas A&M with a degree in Turf Management. He is married with two children and will move his family to the area, once school is over in the summer. Chris is an excellent operator and will be great addition to the Whitestone team. The intent of this letter is to formally request the transfer of the land lease under the terms of foreclosure in the agreement. The lease was foreclosed on by Lynx REO, LLC on December 2, 2014 and we have been operating since that day. If possible, we would like to attend the February 19th council meeting to discuss our firm, answer any questions you may have about Touchstone and begin the transfer process. I look forward to meeting with you and continuing to make Whitestone the pride of Benbrook. Sincerely, Chris Robertson Regional Vice President Touchstone Golf Currently Managed Facilities Name Type Web Site Glen Annie, Goleta, CA Daily Fee www.glenanniegolf.com Name Painted Dunes, El Paso, TX Type Municipal Web www.painteddunes.com Site Name Type Web Site Makalei, HI Daily Fee Name Wedgewood, Conroe, TX Type Daily Fee Web www.wedgewoodgolfcourse.com Site Name Type Web Site Taberna CC, New Bern, NC Private www.tabernacc.com Name Valley International, Brownsville, TX Type Daily Fee Web www.valleyinternationalgolf.com Name Type Web Site Landings, Warner Robins, GA Daily Fee www.landingsgolfclub.com Name South Padre, Laguna Vista, TX Type Daily Fee Web www.spigolf.com Site Name Type Web Site Brandywine, Toledo, OH Private www.brandywinecc.com Name Monument Hill, Monument, CO Type Private Web www.monumenthillcc.com Site Name Type Web Site Eagle Ridge, Galena, IL Resort www.eagleridge.com Name Pagosa Springs, Pagosa Springs, CO Type Resort Web www.golfpagosa.com www.makalei.com Name Battleground, Deer Park, TX Type Municipal Web www.battlegroundgolfcourse.com Site Name Applewood, Golden, CO Type Daily Fee Web www.applewoodgc.com Site Name The Cascades, Tyler, TX Type Private Web www.cascadesoftexas.com Site Name San Marcos, Chandler, AZ Type Resort Web www.sanmarcosresort.com Site Name Grey Rock, Austin, TX Type Semi-Private Web www.greyrockgolfclub.com Site Name The Ranch Club. Missoula, MT Type Private Web www.ranchclub.com Site Currently Managed Facilities Name Thunder Canyon, New Washoe City, NV Type Private Resort Web www.thundercanyon.com Name Rancho Carlsbad, Carlsbad, CA Type Daily Fee Web www.ranchocarlsbadgolf.com Site Name Eagle Point, Eagle Point, OR Type Daily Fee Web www.eaglepointgolf.com Site Name Franklin Canyon, Hercules, CA Type Daily Fee Web www.franklincanyongolf.com Site Name Riverwalk, San Diego Type Resort Web www.riverwalkgc.com Site Name The Reserve, Stockton, CA Type Daily Fee Web www.reserveatspanospark.com Site Name Stoneridge, Poway, CA Type Private Web www.stoneridgeclub.com Site Name Blacklake, Nipomo, CA Type Resort Web www.blacklake.com Site Name Willow Park, Castro Valley, CA Type Municipal Web www.willowgc.com Name Presidio, San Francisco, CA Type Resort Web www.presidiogolf.com Name Shoreline, Mountain View, CA Type Municipal Web www.shorelinelinks.com Site Name Fox Acres, Red Feather Lakes, CO Type Private Web www.golfclubatfoxacres.com Name Dos Lagos, Corona, CA Type Municipal Web www.doslagos.com Site Name Deer Creek, Littleton, CO Type Daily Fee Web www.playdeercreek.com Site Name Lake Chabot, Oakland, CA Type Municipal Web www.lakechabotgolf.com Site Name Mare Island, Vallejo, CA Type Daily Fee Web www.mareislandgolfclub.com Site Name White Stone, Benbrook, TX Type Daily Fee Web www.whitestonegolf.com Site Welcome! Touchstone Golf is one of the country’s preeminent firms specializing in golf course management and advisory services, with an emphasis on turning around financially distressed or underperforming golf courses. With creativity, responsiveness and quality as our cornerstones, we leverage the diverse expertise and unparalleled experience of our senior management team to customize cost-effective, realistic business solutions designed to achieve the unique goals of each project. Why Touchstone? With experience managing every type of golf course property in communities nationwide, from municipal courses to exclusive private and resort clubs, Touchstone Golf: n Takes a fully integrated, highly personalized approach to golf course management n Focuses on protecting and enhancing the owner’s interests and options n Identifies opportunities for rapidly improving both the financial performance of the property and the quality of the experience n Works to position the property for long-term profitability, or for disposition at a higher price Management Services for Distressed Properties Touchstone has established itself as a leader in turning around challenged golf courses. Leveraging our extensive experience and expertise working with public and private club owners, lenders, private equity funds, court receivers, bankruptcy lawyers, real estate developers and investors, we customize our management approach based on the goal of the owner to sell or hold the property. Options may include: n Preparing annual budgets and business plans for owner approval n Providing timely financial reporting on a daily, weekly or monthly basis n Leveraging our national account relationships to achieve preferred pricing n Supporting efforts to transfer the property Touchstone Leadership Steve Harker, President & CEO n Nationally recognized golf industry leader with 30+ years of experience in golf operations and marketing management n Demonstrated track record in optimizing facility revenue, net income and value n Class A PGA professional Mark Luthman, Executive Vice President & COO n Success leading multi-course regions for two national management companies n Capital investment followed by exit (18-36 months) n Led KemperSports’ efforts at Chambers Bay, resulting in U.S. Open & Amateur, numerous awards, and financially sound operation n Value investment with ongoing management (typically 5+ years) n 18+ years of golf industry experience as a superintendent, general manager and regional operating executive n Capital investment with ongoing management (typically 5+ years) Carol McGrail, Corporate Controller Our property assessment, financial benchmarking and departmental improvement capabilities enable us to make the necessary adjustments to quickly improve the financial performance of the asset. n Extensive golf finance and accounting experience and was a successful accounting leader for CCA (Club Corporation of America) This includes: n Implemented policies and procedures to ensure accuracy of the financial statements n Value (limited) investment followed by exit (6-18 months) n Defining the current and optimum market position to grow revenue and profitability n Proposing new marketing and sales initiatives to quickly improve revenue n Identifying “quick wins” - changes that can be made immediately to improve both the financial performance and the guest/member experience n Establishing standards and training for improved guest service and quality n Leads Touchstone’s golf finance & accounting department Chris Robertson, Regional Vice President n Expertise in optimizing financially challenged properties n More than seven years of experience as a golf manager, regional executive and consultant Lynn Shackelford, Vice President of Development n Extensive background in golf course development n 10+ years of experience as owner/operator of a golf facility n Installing strict financial and cash handling controls for on-site staff n Recommending capital improvements to increase asset value and generate an immediate return 1052 Overlook Road, Berkeley, CA 94708 • 510.548.1010 • www.touchstonegolf.com