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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 2 '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 3 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. 4 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. 5 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. 6 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 . • 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. ///' risa Ramsey,Town Secretar Town of Trophy Club,Texas Nick Sanders,Mayor Town of Trophy Club,Texas 7