Minutes TC 11/20/2006MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF 'TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 20,2006
7:00 P.M.
STATE OF TEXAS 5
COUNTY OF DENTON 5
The Town Council of the Town of Trophy Club, Texas, met in a Public Hearing and Regular
Session on Monday, November 20, 2006. 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
Mike Pastor
Kerin Fleck
Adam Adams
Scott Kniffen
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
IS Manager
Planning Coordinator
Parks and Recreation Director
Police Chief
A.l Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was
present.
A.2 Police Chief Kniffen gave the Invocation.
A.3 Council member Cates led the Pledges.
A.4 Discuss and take appropriate action regarding a Proclamation recognizing the Breast
Friends Team, who participated in the Breast Cancer 3-Day Walk on October 29th, 2006.
Mayor Sanders read the Proclamation and announced each member3 name.
Connie Shaw, 228 Fresh Meadow Drive - Thanked the Council for recognizing the Breast Friends
Team members and their efforts to support help finding a cure.
Motion made by Edstrom, seconded by Lamont to approve the Proclamation.
Motion passed unanimously without any discussion.
A.5 Citizen presentations.
Connie Shaw, 228 Fresh Meadow Drive - As a cancer survivor, appreciates Council member
Lamont's endeavors and supports a non-smoking ordinance.
All matters listed as Consent Aaenda 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 b; Edstrom, seconded by Williams to approve the Consent Agenda, Items B.l -
8.8.
Motion passed unanimously without further discussion.
B.l Consent Agenda: Discuss and take appropriate action to approve the September 11,
2006 Minutes.
8.2 Consent Agenda: Discuss and take appropriate action to approve the September 18,
2006 Minutes.
8.3 Consent Agenda: Discuss and take appropriate action to approve the October 2, 2006
Minutes.
8.4 Consent Agenda: Discuss and take appropriate action to approve the October 16, 2006
Minutes.
B.5 Consent Agenda: Discuss and take appropriate action to approve Corrected Minutes,
dated October 22, 2006.
B.6 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving
an Interlocal Agreement for the Fire Protection, Fire Rescue and First Response for the
EMS with the Tarrant County Emergency Service District No. One.
B.7 Consent Agenda: Discuss and take appropriate action to approve the November 6, 2006
Minutes.
8.8 Consent Agenda: Discuss and take appropriate action to approve execution of new
signature resolutions for Town Bank Accounts at First Financial Bank, Northwest Bank,
and Texpool by Brandon Emmons, Sakura Moten-Dedrick, Lisa Ramsey, and Nick
Sanders.
End of Consent Agenda
TOWN COUNCIL TO CONVENED INTO PUBLIC HEARING.
PUBLIC HEARING
Public Hearing Opened at 7:13 p.m.
C.l Public Hearing:
Consider a Re-plat for 20 and 22 Cypress Court, also described as Lots 12 and 11 of Block B in
the Villas of Hogan's Glen. (RP-06-003)
No one addressed council.
C.2 Public Hearing:
Consider an amendment to the Code of Ordinances of the Town, Chapter 13, "Zoning", Article V,
"Supplementary District Regulations", Section 5.03, "Accessory Structures and Uses", by
revising paragraph A(l)(a), and adding a new Section "G", entitled "Public Views", in
order to provide screening requirements for accessory structures. (ADM-06-026)
No one addressed council.
Public Hearing Closed at 7:16 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
Mayor Sanders recognized the Park Board.
Park Board Chairperson, Pauline Twomey called the meeting to order noting a quorum was
present.
Mayor Sanders moved Item D.4 to the beginning of Regular Session.
D.4 Discuss and take appropriate action regarding a contract with Bailey Environmental for
Consultant Services for Health Inspections; and authorizing the Mayor or his designee to
execute necessary documents.
Town Manager Emmons explained Bailey Environmental has been performing the Town's health
inspections for over 10 years and has never been under a formal legal contract. Staff has been
very satisfied with the service provided by Bailey Environmental. This agreement defines and
formalizes the relationship that provides protection for both parties. Emmons introduced Tom
Bailey who was available to answer Council's questions.
Motion made by Edstrom, seconded by Sterling to approve.
Tom Bailey addressed the Council with his concerns regarding the insurance requirements and
complimented the staff for their knowledge and help.
Mayor Sanders called the Council's attention to section 1.8 of the contract and questioned the
insurance coverage Mr. Bailey currently carries.
Town Attorney, Patricia Adams provided that vendors are not covered under the Town's
insurance.
Council member Cates questioned the Town's liability should he get hurt while performing
business for the Town. Adams confirmed the Town's defense for independent contractors and
suggested the Council look at Mr. Bailey's request based on policy and risk assessment.
Mayor Pro Tem Williams confirmed that Bailey Environmental conducts approximately 35-40
inspections per year.
Council member Edstrom considers food establishment inspections low risk.
Town Manager Emmons explained the insurance requirements are geared more towards a
contractor or sub-contractor where there are assumed risks in their performance.
Council member Sterling amended the motion, striking all of section 7 and 1.1 - 1.5.1 of exhibit
C.
Motion failed for lack of a second.
Edstrom moved to refer and directed the Town Manager and Town Attorney to work on the
contract, striking all insurance requirements, seconded by Cates.
Motion passed unanimously without further discussion
D.l Discuss and take appropriate action relative to a request for Re-plat for 20 and 22
Cypress Court, also described as Lots 12 and 11 of Block B in the Villas of Hogan's Glen.
(RP-06-003)
Town Manager Emmons provided the purpose of this Re-plat request is to combine both lots into
one lot, and to create a ten-foot (10') utility easement along the south property line. Staff has
reviewed the request and it appears to be in compliance with the Town's standards. P & Z
unanimously approved this request at their November 16'~ meeting.
Motion made by Williams, seconded by Lamont to approve the Re-plat.
Motion passed unanimously without further discussion.
D.2 Discuss and take appropriate action relative to an amendment to the Code of Ordinances
of the Town, Chapter 13, "Zoning", Article V, "Supplementary District Regulations",
Section 5.03, "Accessory Structures and Uses", by revising paragraph A(l)(a), and
adding a new Section "G", entitled "Public Views", in order to provide screenirlg
requirements for accessory structures. (ADM-06-026)
Town Manager Emmons stated the following proposed amendment to Accessory Structure
regulations is based on the Commission's discussion of this item, as well as staff input. P & Z
approved this ordinance, after revising section G.1.a.i at their November 16Ih meeting. Hard
copies of the corrected Ordinance were given to the Council.
Motion made by Edstrom, seconded by Sterling to approve.
Council member Edstrom questioned P & Z's discussion for revising section G.1a.i. Town
Manager Emmons explained the golf course properties require rod iron fencing on back property
lines, P & Z felt that an opaque or wooden privacy fence would run parallel to the rod iron fence
and might not be attractive and the Town has prohibition against parallel fencing.
Mayor Sanders questioned the second sentence of 5.03.A.l .a; if the intent is to require permit on
things that may be visible from a public area is also the intent for someone who lives on the side
of the street where it is also visible. Planning and Zoning Coordinator, Kerin Fleck explained this
only applies to public and private parks or the golf course and it is not the intent to require a
permit if visible in another fashion.
Motion passed unanimously without further discussion.
Mayor Pro Tem Williams clarified this is not retro-active.
D.3 /Discuss and take appropriate action relative to a request for Plat Amendment to 32 and
30 Cypress Court, also described as Lots 6 and 7 of Block B in the Villas of Hogan's
Glen. (AP-06-011)
Town Manager Emmons advised the purpose for the amending plat is to relocate a utility
easement on Lot 7 to correct the minimum finished floor elevations for Lots 6 and 7. Staff has
reviewed the submission and it appears to be in compliance with the Town's adopted standards.
P & Z approved this item at their November 16'~ meeting with Commissioner Stamos voting
against, based on the petitioner not showing up.
Scott Beck of Beck Properties submitted a letter for the record, thanking the Council for taking the
time to review the request for the re-plat of certain lots located within the Villas of Hogan's Glen
and explained the re-plats depict the adjusted easements reflecting the appropriate locations of
the lines. I
Motion made by Williams, seconded by Lamont to approve the request.
Motion passed unanimously without any discussion.
D.4 Discuss and take appropriate action regarding a contract with Bailey Environmental for
Consultant Services for Health Inspections; and authorizing the Mayor or his designee to
execute necessary documents.
This Item was moved to the beginning of Regular Session.
D.5 Discuss and take appropriate action repealing Resolutions 2005-40 and 2006-1 8 and
adopting a new Resolution appointing members to serve on EDC 4A, EDC 4B, Planning
and Zoning Commission, Tree Board, Zoning Board of Adjustment and the Parks and
Recreation Board.
Bob Radder, 1 Lee Court - Advised the Council that volunteerism is extremely important and a
vote against an applicant is a vote against the community.
Mayor Sanders announced the Parks and Recreation Board has a total of five open seats; four
with terms expiring in 2009 and one resulting from a resignation, term expiring in 2007 and
introduced the applicants.
P & R Board Chairperson, Pauline Twomey provided the recommendation of the Parks and
Recreation Board was for Matthew Graham, Dave Glaser and Kathleen Wilson to be reappointed
with terms expiring in 2009, Bill Matthai be appointed with a term expiring in 2009 and JD Stotts
be appointed to fill the vacancy with a term expiring in 2007.
Motion made by Edstrom, seconded by Cates to approve with terms noted by the Chair.
Council member Lamont asked the applicants if they would volunteer to work the Special Events
like the 4'h of the July. All of the applicants said they would be happy to serve.
Mayor Sanders ointed out JD Stotts application was submitted on October 27'h and the deadline
tR was October 20 .
Jim Moss, 979 Trophy Club Drive - Requested to address Council, but declined when called
upon.
Motion passed unanimously without further discussion.
Pauline Twomey thanked the Council for approving the recommendations and said that all the
applicants were highly qualified candidates.
Mayor Sanders thanked all the citizens who applied.
The Parks and Recreation Board adjourned at 7:50 P.M.
Mayor Sanders announced the Tree Board has one open seat with a term expiring in 2008.
Chairman, Darin Davis was unable to attend the meeting and provided his recommendation for
Ross. Stotts and Price via email.
Motion made by Edstrom, seconded by Sterling to appoint Kimble Ross to the Tree Board.
Motion passed unanimously without any discussion.
Mayor Sanders announced ZBA has four open Alternate seats with terms expiring in 2008.
Previously, only five applications were received for Council's consideration at the September 18th
meeting to fill five (5) seats and four (4) alternate seats.
Motion made by Edstrom, seconded by Williams to appoint Doyle Nicholson, Kevin Barry, David
Equitz and Michael Price to the Alternate seats on ZBA.
Motion passed unanimously without any discussion.
Motion made by Edstrom, seconded by Lamont to approve the Resolution with all previous
motions and re-designate the Council members previously appointed to EDC 4A and 48 as
liaisons to those corporations rather than voting members.
Council member Edstrom also requested that staff post the vacancies and notify the staff liaisons
of the EDC vacancies.
Motion passed unanimously without further discussion
D.6 Discuss and take appropriate action appointing a ZBA Chairperson.
Motion made by Edstrom, seconded by Cates to appoint Bob Downey as the ZBA Chairperson.
Motion passed unanimously without any discussion.
D.7 Discuss and take appropriate action regarding an ordinance amending the Code of
Ordinances of the Town by adopting Chapter XV, "Taxation", Article I, "HotelIMotel
Occupancy Tax" levying a tax on the occupancy of hotel rooms.
Town Manager Emmons reminded the Council that they reviewed the draft of the proposed
ordinance levying a hotellmotel occupancy tax at the November 6, 2006 meeting. The term
"permanent resident" has been clarified, based upon the rules of the Texas Comptroller's office,
requiring a written agreement for 30 consecutive days in order to allow an exemption from the
tax. Additionally, the payment term has been changed from quarterly to monthly.
Mayor Sanders questioned the rate. Town Attorney, Patricia Adams responded the rate is not
stated in the Ordinance as staff opted to go with the maximum amount allowed by law so the
Ordinance would not need amended should the Legislation change.
Council member Edstrom recommended 6%, stating it would be beneficial for the Town not to be
the highest in the breakdown of folio data collected by Hotels.
Council member Cates questioned if the Town can still collect under permanent resident
definitions, if a person executes the written agreement but does not stay the full 30-days. Council
member Edstrom answered the agreement cannot be processed until after the 30-day stay.
Council member Lamont commented on Value Place process for weekly renewals and that they
charge the accounts every week, which would not constitute a 30-day stay. Mayor Sanders
replied this item refers to a rental policy or rating structure that Council feels is appropriate at this
time.
Town Attorney, Patricia Adams provided the amount is paid up front along with the written
agreement for an uninterrupted stay of 30 days. The refund amount is then credited back.
Council member Edstrom requested Council's input regarding the rate.
Mayor Pro Tem Williams thinks we should stay consistent with the surrounding cites and charge
7% Council member Sterling agreed.
Motion made by Edstrom, seconded by Lamont to approve the Ordinance.
Motion passed unanimously without further discussion.
D.8 Discuss and take appropriate action regarding an Ordinance amending Chapter X of the
Code of Ordinances entitled "Public Safety" by adopting Article XII, entitled "Fire Marshal"
to establish a Fire Marshal's Office.
Town Manager Emmons advised the creation of a Fire Marshal's Office will decrease the
workload on our current police department in enforcement and investigations and will allow the
reserve personnel to be used in this capacity. By approving this Ordinance, the TCLEOSE
commissions will be carried under the Fire Department. Enforcement of the Fire Code and arson
investigations will be under the direction of the Fire IMarshal. The Fire Marshal designation is
currently carried by the Fire Chief Thomas and will remain as such.
Motion made by Williams, seconded by Lamont to approve to approve the Ordinance.
Per Council member Sterling's question, Town Manager Emmons answered there should be no
budgetary implications.
Motion passed unanimously without further discussion.
D.9 Discuss and take appropriate action regarding an Ordinance amending Article VIII,
"Schedule of Fees", Chapter 1 of the Code of Ordinances, entitled Administration", by
amending Section 8.1 1 (L), "Parking Permits", Section 8.03, (F) "Contractor Registration",
(S) "Portable Storage Unit", "U" "Propane Tank, "AA" lrrigation Meter; and amend
Chapter 10, Article Ill, Section 3.03, "Permit Required Application, Issuance", Paragraph
"H", to reference the Schedule of Fees for single family residences and business permits.
Town Manager Emmons explained the changes are general clean up of established fees and
included fees adopted in other ordinances since the last major revision. The changes include;
Parking Permit fees established in Ordinance 2006-09, portable Storage Unit fees established in
Ordinance 2006-1 0. The amendment of Propane Tank, Contractor Registration for Irrigator and
the addition of Irrigation Meter under Stormwater Utility were added, as its omission was an
oversight. Due to a conflict in the Code of Ordinances for Single Family Residence and Business
Permits, it was also necessary to amend Chapter 10, Article 3, Section 3.03 to reference the
Town's adopted Fee Schedule for Single Family Residence and Business Permits
Motion made by Sterling, seconded by Williams to approve the Ordinance.
Mayor Pro Tem Williams confirmed the amendments covered only updates and no new fees.
1
Motion passed unanimously without further discussion.
D.10 Discuss and take appropriate action regarding a Resolution supporting a Local Option
Sales Tax to fund Regional Rail in North Central Texas and authorizing the Mayor,
through his vote, to express support of the joint recommendation by DART, DCTA and
The T.
Motion made by Lamont, seconded by Cates to approve the Resolution.
Mayor Sanders participates in the Tarrant Regional Transportation Coalition which is the
organization that through this Resolution will provide encouragement to the State of Texas and
its' Legislature to allow a sales tax charge to be used for rail transit. Sanders is a member of the
Metroport Cities Partnership, Northwest Community Partners and the Tarrant Regional
Transportation Coalition. These boards are being asked to support this Resolution and upon
approval of this Resolution Sanders will be allowed to vote on these issues.
Council member Edstrom questioned if county sales tax would be affected. Mayor Sanders
understands that it is merely a Local Option decision. Sanders stated several Mayors would like
to support this at a local level rather than at a State level.
Mayor Pro Tem Williams agreed and feels this needs to be looked at from both and State and
Regional level.
Council member Cates is concerned about becoming part of a Coalition. Mayor Sanders
explained this is not authorizing a coalition, but a letter in support of a local option ability that goes
beyond the current sales tax charged for rail only. This letter authorizes the Mayor to vote on
behalf of the Town and as a member to the organizations responsible for the transportation
issues in our area and will be forwarded to the State.
Council member Sterlirlg is concerned this will make it easier to raise the taxes and it is hard to
justify how this will benefit the citizen's long term. Mayor Sanders responded without a Local
Option there will never be a rail from here to downtown Fort Worth and asked for the Council to
look long term.
Council member Edstrom confirmed this would give the Town local control to hold an election and
does not approve a tax rate increase.
Motion passed unanimously without further discussion.
D.ll Discuss and take appropriate action to approve the minutes from the September 19,
2006 Town Hall Meeting.
Motion made by Williams, seconded by Sterling to approve the minutes.
Motion passed 3:0:2 with Edstrom and Cates abstaining.
D.12 Discuss and take appropriate action regarding the (90) day evaluation of Town Manager
Emmons duties, goals and objectives.
Mayor Sanders explained nine staff members were asked to rank the criteria Town Manager
Emmons listed as his 90 days goals and objectives and provided a summary of responses to
Council. Although there were nine responses, not all ranked each criterion. Sanders asked the
Council to rank Town Manager Emmons, focusing on the eight items staff evaluated him on.
Sanders explained that discussion like this could be posted as an Executive Session, however
both he and Emmons agreed it was best discussed in open session.
Sanders asked Town Manager Emmons to email Council another set of goals and objectives
along with information on his accomplishments over the last five months.
Town Manager Emmons listed the following as his accomplishments:
Administrative
o Hired new Managers for Police, Fire, and Finance Departments
o Implemented new organizational chart and reporting structure
o Evaluated current economic development efforts and Business outreach
Fiscal management:
o Identified cost savings measures in utilities (est. $10k in telecommunications).
o Implemented new oversight procedures for expenditures
o Instituted a revised p-card reporting procedure
o ldentified improvements to budget reporting
o Started discussions of cost allocation
o Separation of extraordinary expenses
Intergovernmental Relations:
o Represents the Town in a regional setting
o Attends and participates in monthly meetings for Northwest Communities
Partnership
o Attends and participates in monthly Master District meetings
o Represents Town Administration at P&Z, Parks, ZBA, and EDC meetings
o Meets with surrounding Town Managers on a regular basis to discuss area
issues
o Routinely meets with NlSD
Town Manager Emmons spoke to his future goals regarding staff's evaluation and areas requiring
improvement; team-work which will require a concerted effort from all members in order to
improve. Emmons also plans to:
Strategic Planning:
o Coordinate a series of Council planning retreats
o Develop the framework for long-term planning document
Development and Growth:
o Formulate the contract documents for utility services with the MUD
o Continue exploring alternative water sources
o Begin annexation of ETJ
o Work with Centurion on construction of infrastructure, including water tank
Administrative:
o Present a balanced budget with no proposed tax increase
o Create a cost accounting system for budgeting
Roger Unger, 102 Carnoustie - Commented Emmons began his employment having to hire two
major positions and right at the start of development on 1,000 acres of land. Mr. Unger enjoyed
workiug for Emmons and feels he is very knowledgeable and is the right chief operating
Administrator for the Town.
Council ranked Emmons and provided comments on each item listed on the evaluation.
Council member Cates believes Emmons has done an outstanding job improving the Towns
image.
Mayor Pro Tem Williams is very pleased with the way Emmons took Council's direction regarding
the budget and appreciated being presented a balanced budget.
Council member Edstrom feels Emmons has done a good job and sees a significant change in
the communication between the Chairs of the Advisory Groups, Boards and Commissions.
Council member Sterling feels approachability is Emmons number one asset and would
appreciate being presented a balanced budget at the beginning of the next budget process.
Sterling added that an effort on behalf of the Council needs to put forth to contact Town Manager
Emmons first on issues rather than the staff members.
Council member Lamont respects Emmons attendance at meetings and his oversight in providing
the Minutes of the Boards and Commission meetings.
Mayor Sanders said Emmons accomplishment of the MUDS acceptance of the contact from
Centurion was monumental and significant; the MUD Directors respect Emmons' knowledge.
Sanders praised Emmons leadership and expense savings during the budget. Sanders
appreciates Emmons attendance at all of the meetings and his availability when taking phone
calls. Sanders finds Emmons receptive to suggestions and strongly encouraged staff talk to him
about their comments as provided in their evaluations
Town Manager Emmons salary was budgeted for an increase of $8,300.00 upon his completion
of 90-days. With this increase his salary would be 110,300.34.
Motion made by Williams, seconded by Sterling to approve the new salary.
Motion passed unanimously without further discussion.
Town Manager Emmons thanked the council for their comments, both praise and
recommendations for improvements.
D.14 Items for Future Agenda.
No additions
D.15 Reports. There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may be
placed on a future agenda.
(a) Town Council calendar of events and activity reports.
(b) Town Manager's Report.
Mayor Sanders introduced new employee, Shelly Klein
Council member Lamont commented on the supplemental information provided to Council,
specifically the Draft of the Parks and Recreation Minutes from their meeting on October 2nd and
to the treatment he received at this meeting.
E.l Adjourn.
Motion made by Lamont, seconded by Williams to adjourn.
Meeting adjourned at 10:09 P.M.
Nick Sanders, Mayor
Town of ~ro-~h~ Club, Texas - Town of Trophy club, Texas