Minutes TC 12/03/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Monday,December 3,2007
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club,Texas,met in a Regular Session on Monday,December 3,2007.
The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders
Susan Edstrom
Pam Cates
Jim Moss
Philip Sterling
Kathleen Wilson
STAFF AND GUEST(S)PRESENT:
Brandon Emmons
Stephen Seidel
Sakura Moten-Dedrick
Lisa Ramsey
Patricia Adams
Adam Adams
Scott Kniffen
Danny Thomas
Mike Pastor
Carolyn Huggins
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Assistant Town Manager
Finance Director
Town Secretary
Town Attorney
Parks and Recreation Director
Police Chief
Fire Chief
IS Director
Planning Coordinator
A.1 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 Fire Chief Thomas led the Pledges.
A.4 Citizen presentations:
Greg Lamont,15 Avalon Drive -Addressed the Council regarding Mr.Twomey's remarks at the November 19,
2007 meeting.
Janet Lamont,15 Avalon Drive and Paula Johndow,112 Lake Shore Drive donated their citizen presentation time
to Mr.Lamont.
All matters listed as Consent Agenda 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.
Council member Wilson removed Item B.1.
Motion made by Edstrom,seconded by Cates to approve the Consent Agenda,Item B.2 and B.3.
Motion passed unanimously without further discussion.
B.1 Consent Agenda:Discuss and take appropriate action regarding the modification and renewal of
the employment contract between the Town and Town Manager Brandon Emmons to reflect the
changes approved at the November 19,2007 Town Council meeting.
Motion made by Wilson,seconded Cates to approve with the suggested changes.
Council member Wilson asked if Town Attorney Adams reviewed the suggested changes and for her feedback.
Adams said her changes are redlined and the only modification was to the insurance which corresponds to the
severance package and the date was changed to the current date.
Council member Wilson asked what guidelines would be used for Town Manager Emmons'improvement in
communication skills.Wilson commented that one matter was to personally lead to a unified Town and instructed
Town Manager Emmons to take action as it relates to the MUDs as well.Wilson reminded Emmons the voters
placed the MUD Directors on their Board and those employees are Town employees as well.Mayor Sanders
cautioned Wilson that her comments do not really relate to this item but fall under Item D.10.Wilson feels the
expectations need to be discussed before ratification.Mayor Pro Tem Edstrom agreed with Mayor Sanders and
feels Wilson's comments relate to Item D.10 under Town Manager Emmons goals and objectives.Wilson asked
what language in the contract ties Emmons to meeting his goals objectives.Town Attorney Adams said Section 5
deals with termination for cause and the basis would need to be very clearly documented as it related to the three
grounds listed.Adams added this is relatively standard and in accordance to State law.
Mayor Pro Tem Edstrom moved to amend the clerical error under Section 5.03,Sterling seconded.
Amendment passed unanimously.
Main motion passed,4:1 :0,with Wilson opposing.
B.2 Consent Agenda:Discuss and take appropriate action regarding a Resolution approving an
Interlocal Agreement for Fire and Mutual Aid Services with Tarrant County.
B.3 Consent Agenda:Discuss and take appropriate action regarding Minutes dated September 17,
2007.
TOWN COUNCIL CONVENED INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing:Staff report and pUblic input regarding the adoption of an ordinance amending
Chapter 15 of the Code of Ordinances entitled "Taxation"by adding Article II entitled "Goods-In-
Transit -Local Taxation"providing for the taxation of tangible personal property or "goods-in-
transit"which would otherwise be exempt from taxation pursuant to Texas Tax Code,Section
11.253.
Public Hearing Opened at 7:25 p.m.
Town Manager Emmons explained this Ordinance exempts goods,typically inventory,that are stored in a location
that is not owned by the owner of the goods and are transferred from that location to another within 175 days.
The governing body of each taxing unit in the State may act to tax these goods in the year following the year in
which the governing body takes action.
No one addressed council.
Public Hearing Closed at 7:27 p.m.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
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'REGULAR SESSION
D.1 Discuss and take appropriate action regarding an Ordinance amending Chapter 15 of the Code of
Ordinances of the Town to add Article II entitled "Goods-In-Transit --Local Taxation"authorizing
the Town to tax tangible personal property in transit which would otherwise be exempt pursuant
to Texas Tax Code,Section 11.253.
Motion made by Sterling,seconded by Moss to approve.
Council member Cates said this would be difficult to police.
Mayor Pro Tem Edstrom understands that the Town is not currently zoned for commercial warehouses,but is in
favor if this will protect us in the future.Town Manager Emmons confirmed the Town is not currently zoned for
this,however,should the zoning change and if the Town does not take action prior to January 2008,the exempt
status would not be applicable.
Motion failed 2:3 with Sterling and Moss voting in favor and Edstrom,Cates and Wilson opposing.
D.2 Discuss and take appropriate action regarding a Final Plat Approval Request from Carter &
Burgess,Inc.on behalf of 831 Trophy LP,The Highlands at Trophy Club Neighborhood 9,Lots 1-
32,Block A,and Lots 1-14,Block B (18.368 acres)(FP-07-024)
Planning and Zoning Chairman,Gene Hill advised PD·27 was amended in April 2007,allowing 46 lots in
Neighborhood 9,and the final plat consists of 46 lots and 18,368 acres.All lots must be 'Lot Type l'which
requires each lot to be not less than 12,000 sq.ft.unless abutting the golf course,in which case an additional
1,000 sq.ft.is required.Town staff and Town Engineer,Tom Rutledge reviewed the plat and determined it
complies with the Comprehensive Land Use Plan.Approval was recommended by the Planning and Zoning
Commission at their November 15'h meeting,by a vote of 5-0,with two members'excused absences.
Mayor Sanders introduced Krisha Brooks from Carter and Burgess and David Kearner from Centurion.
Motion made by Edstrom,seconded by Moss to approve.
Mayor Pro Tem Edstrom understands the drainage is designed to handle the capacity today and asked if will
accommodate the increased capacity in the future to handle flooding issues.Krisha Brooks assured the
discharge in this area has capacity and is already set up.Town Manager Emmons added that part of the PIO
proposal is to carry this water underground.Town Engineer,Tom Rutledge said Carter Burgess surveyed the
entire channel and followed all Town standards for development,determining the channel has the capacity to
handle the run off.Rutledge stated the standards the Town has are adequate and the problems in the past are
because homes were in a flood plain.
Mayor Sanders confirmed there will be a 30 foot drainage easement of (storm sewer line underground)with an
opening that will be left open in the back of the perimeter fence to allow access to the trailway between Lots 6 and
7.Chairman Hill added the fencing will be standard masonry and eight feet.Town Manager Emmons said there
will be a plan review in the permitting process,and any1hing over four 4 feet in height that is masonry has to have
an engineering stamp to be sure it is structurally safe.
Motion passed unanimously without further discussion.
A.Discuss and take appropriate action regarding the approval of the Subdivider's Agreement
for an 18.368 acre tract of land known as The Highlands at Trophy Club Neighborhood 9.
Town Attorney Adams received an email from Kyle Saulzman of Carter Burgess with different numbers that are
significantly smaller.Town Manager Emmons advised that Council could approve pending the final approval of
the correct numbers by the Town Engineer and Town Staff.Mayor Pro Tem Edstrom did not see an issue
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approving with this caveat,as long as the agreement comes back on the next agenda in order for Council to see
the numbers.
Motion made by Moss,seconded by Edstrom to approve subject to final figures approved by the Town Engineer
and Staff,and the final with correct numbers submitted for ratification on December 13'h .
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding a request for approval of a Preliminary Plat from
Carter &Burgess,Inc.for Canterbury Hills,Phase 1 &2 and Waters Edge at Hogan's Glen,Phase
2 &3,a total of 232 Lots (127.88 acres)(PP-07-016).
Planning and Zoning Chairman,Gene Hill said the Commission recommended approval by a vote of 5-0 with two
members absent with the stipulation that the pUblic and private areas of the lands covered in these plats be
separated when submitted as Final Plats.
Motion made by Cates,seconded by Moss to approve with the recommendations and stipulations made by the
Planning and Zoning Commission.
Mayor Sanders and Town Manager Emmons said the loop road has not yet been resolved with the Corps of
Engineers and possibly would run along MUD property.The Corps of Engineers would need to work with the
MUDs for right of way.
Motion passed unanimously without further discussion.
D.4 Discuss and provide direction to staff regarding traffic,safety concerns,and speed limit on
Skyline Drive.
Dave Garlitz,103 Skyline Drive -Requested a summary of the traffic analysis.Garlitz said the concern is not
people speeding,but the posted 30 mph is too fast for this area.
Town Manager Emmons summarized the survey completed on November 29,2007 and November 30,2007.
Mayor Pro Tem Edstrom said a similar issue on Inverness and Pebble Beach failed several years ago and would
like to revisit the issue and add Skyline Drive.Town Manager Emmons reported by January 2009,new street
signs have to be either six inches or greater or the speed limit has to be reduced.A rough estimated to replace
all existing street signs approximately $30,000 to $40,000.If the speed limit is changed,speed limit signs would
need to be posted at all cross streets.
Both Council members Cates and Wilson are in favor of reducing the speed limit.
Council directed Town Manager Emmons research and present additional data,options and budgetary impact for
street lights and other proactive options such as signs "Child at Play"or "We love our Children, Slow Down."
No action taken.
D.5 Discuss and provide input regarding pool discharges into the Town of Trophy Club Separate
Storm Sewer System.
Town Manager Emmons reported TCEQ has adopted Phase 2 of Storm Water Plan and Trophy Club has less
than two months to adopt.Emmons sought Council's direction regarding amendments to the Pool Ordinance as it
relates to this.If the Council decides to approve the amendment,ample time needs to given to the impacted
residents;approximately 387 pools were constructed prior to 2005 and the passage of the Pool Ordinance,the
impacted residences have not been identified.To date estimated cost for residents to make their pools compliant
is $500 to several thousands dollars depending on the type of the pool.
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Mayor Pro Tem Edstrom suggested two to three years for compliancy as one year is not long enough from a
budgetary standpoint.
Councii member Cates said her pool was constructed according to the Town Ordinances in effect at the time.
Cates agrees that the pools need to be retrofitted and agreed with Edstrom's suggestion of two to three years.
Council member Wilson said according to a TCEQ representative the Town is showing a good faith effort to
comply with these requirements.Mayor Pro Tem Edstrom said the Town has been taking steps for the past four
years to become compliant.
The Town Council directed Town Manager Emmons to start the revisions to the Ordinances and policies and
implement frequent notification to the residents.Council would also Iilm to for Emmons to produce a better cost
estimate for the residents having to retro-fit in order to know what time limit should be given for compliance.
Residents are encouraged to volunteer their estimates to Council.
Ryan Chitwood,1 a Overhill Drive -Presented perceived inaccuracies to the five-year statute and explained some
incidents only have 90 days to retrofit.
No action taken direction oniy.
0.6 Discuss and take appropriate action regarding the formation of a Charter Amendment Review
Committee.
Town Attorney Adams said agendas and minutes would apply to both committees and commissions and quoted
Section 4.16.C of the Town Charter.
Bill Rose.219 Inverness Drive -Submitted a letter for the record requesting the Council consider forming a
Commision as opposed to a Committee.
Motion made by Edstrom,seconded by Cates to move forward with the formation of a Committee.
Mayor Pro Tem Edstrom clarified with Town Attorney Adams that there is no difference between a Committee and
Commission,and said both the Town Manager and Town Attorney should be involved in order to provide input.
Mayor Sanders said the Council previously went through the process two times and publicly appointed Council
representatives each time.Sanders asked Mr.Rose why he did not bring forth the nine proposed amendments
sooner.
Council member Wilson believes Mr.Rose provided the proposed amendments appropriately.Wilson confirmed
the employees would be staff liaisons only and not voting members.
Mayor Pro Tem Edstrom explained the history of the Charter Amendment Commission and said this should not be
adversarial and that having a Council member seated on the Commission would be beneficial.Edstrom clarified
Mr.Roses'opening statement 'We the Citizens"pointing out it is plural and therefore necessary that all
amendments be representative of all residents.Wilson and Moss are in favor of the application process.
Motion amended by Edstrom,the second agreed to move forward establishing a Charter Review Committee with
five to seven members and setting no deadlines for creation or product coming back to Council for review and to
post the application process for two weeks with appointments being made at the first meeting in January.
Council member Wilson moved to change Committee to Commission,Moss seconded.
Motion on the amendment,passed 3:2,with Edstrom and Sterling voting against.
Motion amended by Sterling,seconded by Moss changing the number of members to five to nine members,not
including staff and/or Council members serving as liaisons.
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The amendment passed unanimously.
The main motion approving the creation of a Charter Review Commission,consisting of five to nine members,
posting the application process for two weeks and appointing members at the first meeting in January passed
unanimously without further discussion.
Council tool<a five minute recess and reconvened at 10:00 p.m.
D.7 Discuss and receive input regarding an Ordinance amending Chapter 11,Public Works,Article I,
of the Code of Ordinances establishing guidelines for residential dumpsters.
Town Manager Emmons introduced the item and asked the Council if they wanted to limit the permit to 30 days.
Council member Cates visited the construction sites of other Standard Pacific development and believes this
standard should be added to this Ordinance.
Council member Wilson suggested a fee for a permit extension.Mayor Pro Tem Edstrom does not want to create
an issue where a person can perpetually renew.Council member Sterling suggested a steeper fee for an
extension of sixty days or greater.Council member Cates suggested a fee schedule based on the work plan and
applying a fine if they go over.Edstrom,Sterling and Wilson feel forty-five days is sufficient,requested a process
under residential and would like a definition of capacity.
No action taken,input only.
D.8 Discuss and take appropriate action regarding the award/rejection of bids for the Landscape and
Irrigation Improvements for Trophy Club Drive,Bid No.11207,and authorizing the Mayor or his
designee to execute necessary contract documents.
Town Manager Emmons reported three bids were received.Philips Lawn Sprinkler Company was the low bidder
at $101,800.00.The bid amount was approximately one-half that of the other two companies that bid on the
project.Philips has been the successful bidder on the previous two Town landscape projects and has performed
satisfactorily on both of those projects.
Motion made by Edstrom,seconded by Moss to approve Philips Lawn Sprinkler Company.
Mayor Pro Tem Edstrom asked if the Parks Director,Adam Adams ran this by the residents along Trophy Club
Drive.Edstrom feels this is a huge departure going from grass to crushed granite.Council was informed by the
Parks Department on November 19th that there were some minor changes.Adams has not spoken to the
residents yet because he was waiting until the Council approved.If approved tonight,the Department will notify
the residents by placing stickers on their doors.
Motion passed unanimously without further discussion.
D.9 Discuss and take appropriate action to approve financials and variance report dated November
2007.
Mayor Sanders moved this Item to December 17'h,2007.
D.10 Discuss and take appropriate action regarding employees who report directly to the Town Council
and the following:
A.Discuss and take appropriate action with regards to implementing a standardized periodic
evaluation process of the Town Manager,Town Attorney and Town Secretary by the Town
Council.
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Council member Sterling requested these items to remind Council that these employees need to be evaluated
annually,and all should be evaluated on the same criterion to make it more uniform.
Mayor Sanders said there is some value in evaluating prior to the change in Council.The Town conducts
standard reviews every March.
Mayor Pro Tern Edstrom questioned if the expectations would be easier identified by meshing the job description
and Charter language.Town Manager Emmons suggested Council develop a standardized evaluation form
based on the job description and Charter requirements,including goals and objectives.
Council would like to conduct the evaluations in March or April.Staff will provide the evaluation process/forms
and templates from other cities to Council.
B.Discuss and provide input on methods in which to improve and enhance communication
between employees who report directly to Town Council.
Motion to continue past 11 :00 p.m.made by Edstrom,seconded by Sterling.
Motion passed unanimously without any discussion .
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Council member Cates would like to ensure the Council is receiving all the information the Mayor is.Mayor
Sanders said one way to accomplish this is by way of a Mayor's report similar to the Town Manager Report.
Town Manager Emmons requested the Council copy him on emails sent to the Town Attorney.
Council member Sterling said communication is a two step process and challenged all to think twice on how the
words will be perceived.Sterling feels all communication should go through the Town Manager as he is ultimately
responsible.
No action take,input only.
C.Discuss and take appropriate action with regards to reviewing and/or amending job
descriptions of the Town Manager,Town Attorney and Town Secretary.
0.11 Items for Future Agenda.
Mayor Sanders requested Items 2 and 6 be removed from the list.
Council member Wilson requested Town Manager Emmons give a report from TXDOT on the sound barrier
issues on the east side.
Mayor Pro Tern Edstrom would like an update on the next street construction project.
0.12 Town Manager Emmons gave his report.
Council member Sterling advised he would be absent from the December 13 1h meeting.
E.1 Adjourn.
Motion made by Wilson,seconded by Cates to adjourn.
Meeti~g adjou;p d at 11 :17 p.m.
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risa Ramsey,Town Secretar
Town of Trophy Club,Texas
Nick Sanders,Mayor
Town of Trophy Club,Texas
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