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Minutes TC 10/01/2007MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, October 1, 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, October 1, 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 Lisa Ramsey Patricia Adams Danny Thomas Mike Pastor Adam Adams Carolyn Huggins Scott Kniffen Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Assistant Town Manager Town Secretary Town Attorney Fire Chief IS Director Parks and Recreation Director Planning Coordinator Police Chief A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Invocation given by Pastor Joel Quile from the Lake Cities Church of Christ. A.3 Mayor Sanders led the Pledges. AA Discuss and take appropriate action regarding a Proclamation recognizing Oct 15 - 19th, 2007 as 'Texas Chamber of Commerce Week." Northwest Metroport President, Sally Michalak and Sunny Meeks, Director of Events and Programs were in attendance. Mayor Pro Tem Edstrom read the Proclamation. Motion made by Moss, seconded by Cates to approve the Proclamation. Motion passed unanimously. A.5 Citizen presentations: Robert Hoch, 245 Oakhill Drive — Addressed the Council regarding the slow progress of the road repair and construction. TOWN COUNCIL CONVENED INTO PUBLIC HEARING PUBLIC HEARING C.1 Public Hearing to receive staff comments and public input relative to an Amendment to Ordinance No. 1999-17 P&Z, Trophy Club Plaza, Planned Development No. 21 to allow a fitness/workout facility to be added to the permitted uses for this shopping center and to allow 24-hour operation for this business. Applicant: Regency Centers, L.P. (PD AMD -07-024) Public Hearing Opened at 7:09 p.m. Applicant, Matt Booth thanked the Council for considering the request and said the zoning request is an amendment to allow a 24 hours fitness center. All clubs operate 24 hours and a large percentage of their clients work out between 11 p.m. and 6:00 a.m. No one addressed council. Public Hearing Closed at 7:13 p.m TOWN COUNCIL RECONVENED INTO REGULAR SESSION 'REGULAR SESSION D.1 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 1999-17 P&Z, Trophy Club Plaza, Planned Development No. 21 to allow a fitness/workout facility to be added to the permitted uses for this shopping center and to allow 24-hour operation for this business. Applicant: Regency Centers, L.P. (PD AMD -07-024) Mayor Sanders introduced Vincent LaPeitra, owner of Snap Fitness who said all members will have access and only children 16 or older may have their own card. The average membership is between 200 - 400 members and no more than 10 members are in the club at one time. LaPeitra addressed the letters in opposition and said he is looking at a site in Grapevine; however Trophy Club is attractive and accessible. Motion made by Moss, seconded by Cates to approve. Planning and Zoning Chairman, Gene Hill advised the Planning and Zoning Commission recommended favorable approval, voting 6-0, on September 20, 2007, for the Town Council to approve a fitness/workout facility use be added to the permitted uses for PD -21 Trophy Club Plaza, and to allow 24-hour use for this tenant. The motion was made with a stipulation that a Knox Box be installed for this facility for fire and police access, but subsequent to the Planning & Zoning Commission meeting, Fire Chief Thomas confirmed that a Knox Box already exists for that building. Mayor Pro Tem Edstrom clarified that the Commission took parking restrictions into consideration. Motion passed unanimously without further discussion. D.2 Discuss and take appropriate action relative to future use, funding options, operation of, and repairs to Beck Park. Mayor Sanders noted the Trophy Club Roanoke Baseball Association had an event which would delay their representation. Noting no objection, this Item was moved to later in the meeting. Town Manager Emmons stated a meeting is scheduled with Carter - Burgess in order to move forward and would take 60 to 90 days to consider with construction estimated to begin in 30 to 45 days. Darren Klauser, 15 Winsted Court — Provided sports statistics and presented data based on assumptions. The Sports Association recommends that Beck Park, Field 4 be rebuilt, estimating completion by 2009 and for the Sports Association to locate a temporary site. Mayor Sanders said the lease agreement has an out clause and suggested moving forward with a 100 year flood plan and public domain. Mayor Pro Tem Edstrom agrees that it is necessary to move forward and also determine if the Town should go out for bid. Council directed Staff to pursue a lease agreement, define the bid process, and draft the bid in order to move forward. Council would like to understand the real offer from Beck and would like to see it in writing. Staff was asked to report back in two weeks with a timeline provided by the Sports Association. D.3 Discuss and provide direction relative to the Temporary Use Community Garage Sale Permit which was granted by the Town Council by Special Privilege on February 5, 2007. (Applicant: Trophy Club Women's Club) Town Manager Emmons said the special use permit has been granted and safety issues have been raised due to the street construction. Assistant Town Manager Seidel met with Betsy Watson to discuss the possibility of relocating the sale to a separate site. Of the four property owners contacted, one declined for insurance reasons, one has no problem with the sale occurring on their property, and two have yet to respond. Centurion American agreed to allow community events on their property across from Medlin School. Lake Cities Pastor, Joel Quite volunteered the church as well. Mayor Sander complimented Town Manager Emmons for coming up with options and solutions. No action, direction only. D.4 Discuss and provide input regarding the following documents and matters related to the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club) for infrastructure and related improvements: A. Service and Assessment Plan for authorized public improvements B. Discussion of Parkland improvements for the PID and related Town parkland improvements. C. Acquisition, Funding, and Construction Agreement D. Indenture of Trust for the proposed bond issuance to finance public improvements. E. Preliminary Limited Offering Memorandum Mayor Sanders advised all representatives were present at the last meeting. Council did not have any questions. No action taken. D.5 Discuss and take appropriate action relative to a third party review of recent incidents surrounding the mayoral move, town manager conduct and resulting work environment. Mayor Sanders acknowledged Council member Wilson's request for this Item to be at the beginning of the Agenda, however, due to out of town guests, the Item was numbered as such. Both Mayor Sanders and Town Manager Emmons read statements pertaining to the move. Motion made by Wilson; seconded by Cates to approve a third party review of recent incidents surrounding the mayoral move, town manager conduct and resulting work environment. Council member Wilson feels the perception of the Town's government and work environment has been damaged as a result of this story being in the papers, and believes there are conduct issues that need to be addressed. Wilson would like the following questions answered; was their wrong doing in contacting town employees for personal assistance in a residential move, was it merely an appearance or wrong doing or something that should not happen again? Were there inappropriate displays of conduct the day of the move and should those displays be appropriately dealt with? Is there enough comfortable air for some employees within our Town office as a result at the request, refusal and questions thereafter? Mayor Sanders explained that he asked Town Attorney Adams to work with Council member Wilson in reference to the language of this posting as it relates to personnel issues. Town Attorney Adams questioned if Council wanted an investigation and if so, asked them to define the scope or areas to be explored. Adams explained the posting does not encompass personnel issues. Council member Cates said the events around the move are not significant and do not merit a review, however the concerns mentioned in the press and the events that followed do. Council member Moss agreed with Cates and feels that allegations he has heard since deserve to be investigated. Mayor Pro Tem Edstrom said this will forever change how things are viewed and how a community should pull together in need. Edstrom questioned who first requested an Open Records Request. Edstrom said based on her discussions with Town Manager Emmons, Fire Chief Thomas and Town Secretary Lisa Ramsey, all said they would handle the situation differently. Edstrom feels a review would be disruptive and asked Council to move forward. Council member Wilson quoted section 3.19 of the Town Charter, saying if any one person is made to feel uncomfortable Council has the right to investigate. Assistant Town Manager Seidel read the following letters into the record: Mike and Lora Zuber, 2 Palmetto Court, Against the Investigation Andy Bell, 4 Michelle Court, Against the Investigation Tricia & Uwe Neitzel, 10 Jennifer Court, Against the Investigation The following addressed the Council: George Roberson, 306 Skyline Drive - For the Investigation Larry Crosser, 17 Overhill - Against the Investigation Davis Palmer, 9 Panorama Trail - Against the Investigation Steven Kohs, 18 Overhill Drive - Against the Investigation Barbara Kadow, 322 Village Trail - For the Investigation David Glaser, 15 Overhill - Against the Investigation Matthew Graham, 11 Durango - For the Investigation Richard Swetnam, 5 Palmetto, N/A Doug Wilson, 34 Meadowbrook Lane - For the Investigation Roger Williams, 215 Phoenix Drive - Against the Investigation Joel Quite, 200 Durango Drive - Against the Investigation Bob Radder, 1 Lee Court — Against the Investigation Motion to amend made by Edstrom; seconded by Cates to include a review of policy and procedure and compliance to those, not greater than 10 hours of contract service. Council member Cates feels 10 hours is not enough time and suggested 24 hours. Cates also requested a specialist in personnel law conduct the review. Council member Sterling spoke against the amendment and said this Council was elected to make decisions. Sterling does not believe there is a need for outside arbitrator, the Council spent months looking at policies and procedures and therefore a review should be conducted in-house. Sterling feels this is a smokescreen and Council should just say what they want investigated. Council member Wilson understands there will be a cost incurred and feels the review will help insulate the Town from other substantial liabilities. Wilson said a third party must be involved based on the conflict of interests of the Human Resources Manager and Town Manager who govern the grievance section of policy. Mayor Sanders asked the Council for guidelines; who and how the investigator should be selected and the total amount they want to spend. Council member Moss believes the mayoral move has nothing to do with this and is concerned about the effect this has had on staff, and the creation of a hostile work environment. Mayor Sanders spoke to the Charter and the Town Manager's Powers and Duties as Chief Administrative Officer and head of the administrative branch of the Town. Town Attorney Adams explained the Council -Manager form of Government, advising it is not appropriate for the Council to investigate personnel matters. Adams feels it is prudent for Council to consider an employment law specialist. The amendment to approve a review of policy and procedure and compliance to those, allocating not greater than 10 hours of outside contract service, failed 1:4, with Moss, Cates, Sterling and Wilson opposing. The main motion to approve a third party review of recent incidents surrounding the mayoral move, town manager conduct and resulting work environment was amended by Sterling; seconded by Moss to strike the mayoral move. Sterling still feels this is a smoke screen and feels this is a waste of money Amendment passed 4:0:1, with Wilson abstaining Council member Cates questioned how many hours it would take for a minimal review and asked for a cost estimate of the review. Town Attorney Adams said she received one estimate of $250.00 per hour and at least two -weeks review time. Adams said without the scope it is hard to determine. Council discussed the possibility of Town Attorney Adams conducting the review. Mayor Sanders feels there is a conflict for Town Attorney Adams since she represents the Council. Town Attorney Adams said it is a difficult position; as an attorney she could conduct the interviews, however the realities are since she is in the office, she does not know the degree to which she could get information and if the employees would feel comfortable being candid and she does not want to damage relationships so it does put her in a real difficult position. Adams said she could do fact finding, she is not a personnel lawyer, she certainly handles employment issues for the Town as they come up, however if there are significant issues, she will either refer them to outside counsel or call upon colleagues for their free legal advice. Adams said she could do it, it would fall under other duties as assigned, and she does not really want to do it, but will if Council directs her to. Council member Wilson said she included the phraseology of the mayoral move one or two places for history of what she would like to have addressed prior to the third party. Wilson stated, if as alleged, this is all due to her being a pot -stirrer or her not understanding what our town wants then when that independent third party comes in and asks the pertinent questions, if that is the case, she expects it would be done in three hours, four hours, five hours, but three days? If that is the general consensus, she does not understand why there is such pushback on asking a simple question. Vote on main motion as amended to approve a third party review of incidents surrounding the mayoral move, town manager conduct and resulting work environment passed 3:2, with Edstrom and Sterling voting against. Council member Wilson requested to confer with legal Council in Executive Session in order to define the scope. Mayor Sanders explained that Council needs to define the scope and whether certain employees are included in the investigation. Motion made by Council member Wilson to convene into Executive Session. Town Attorney Adams advised that her counsel would be based on legal advice only. Motion died for a lack of a second. Motion made by Edstrom; seconded by Moss to have the Town Attorney contact and engage a third party in accordance to purchasing policies, to review policies and procedures based on facts that she is aware of and compliance of those polices and procedures, time allocation not to exceed 10 hours. Motion passed 3:2, with Edstrom and Sterling voting against. Mayor Sanders expressed that he believes the Council has usurped the Town Manager's authority. A five-minute break was called. D.6 Discuss and take appropriate action to nominate up to five people to be considered for the Denton County Appraisal District Board of Directors. Pearl Ford, 2 Spring Creek Court - Expressed her desire to serve on the Board of Directors again and welcomed the nomination. Motion made by Edstrom, seconded by Moss to nominate Pearl Ford. Motion passed unanimously without further discussion. D.7 Discuss and take appropriate action relative to the Town of Trophy Club's vehicle usage and ride along policies. Town Manager Emmons explained his administrative directive based on TML's coverage and the policies of surrounding cities surveyed. The question came down to who actually has authority to ride in a vehicle and who has that authority to make that call. Council member Moss asked for clarification of who is authorized and who is not authorized to ride in a city vehicle. Town Manager Emmons said the Town's insurance covers Town Officials when conducting Town business. Council member Wilson understands the covered party is an elected or appointed official acting within the scope as such. Mayor Pro Tem Edstrom said action is not necessary as the Town Manager directs the staff. Requests of this nature should go through him. Council member Sterling agreed and believes the day to day operations should be preformed and conducted by Town Manager Emmons. Council member Wilson asked for guideline of the process and how requests should be made. Town Manager Emmons will make suggestions to Council on how they should submit a request. Barbara Kadow, 322 Village Trail — Asked Town Manager Emmons why she was not allowed to ride along with Code Enforcement. Town Manager Emmons and Police Chief Kniffen explained how to submit a ride along request. D.8 Items for Future Agenda. Mayor Sanders added an item to discuss and take appropriate action to consider a contract for the Town Secretary's position. D.9 Reports. (a) Town Manager Emmons gave his report. (b) Council member Wilson reported on the grant writing seminar she attended. TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION EXECUTIVE SESSION Mayor Sanders said Town Manager Emmons wished to conduct this item in Open Session E.1 Council to convene into executive session for Consultation with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas disciplinary rules of professional conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (Govt. Code §551.071 [1] & [2]) and pursuant to Government Code §551.074(a) of the Texas Open Meetings Act, to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: 1. The employment contract between the Town and Town Manager Brandon Emmons, duties, performance, evaluation, and terms of engagement. Mayor Sanders handed out commendation letters of Emmons performance. Sanders said both Town Attorney Adams and HR Manager Ramsey commented that the 360 reviews conducted by Emmons' direct reports in November 2006 made some on the employees uncomfortable. Mayor Sanders interviewed Planning and Zoning Coordinator, Carolyn Huggins who said she liked the feedback she receives from Emmons and his accessibility. Huggins said Emmons treats everyone with a great deal of respect, she appreciates his open door policy and feels he always has the Town's best at heart when dealing with tough decision regarding the policies. Town Manager Emmons thanked the residents and staff for staying for this item. Emmons asked Council to consider amending section 5.01 of his contract, deleting 'within six months' after the election and to consider removing section 7, Hours of Work. Emmons feels every evaluation should have praise and criticism; he feels he is well versed in receiving both and asked Council to base his evaluation on performance instead of perception. Emmons said his philosophy is to put the appropriate people in a position and let them do their job. Mayor Sanders pointed out section 2.01, which reads the contract will automatically be extended one year if Council does not take action to cancel by December 15, 2007. Sanders handed out the evaluation forms used for Emmons' last evaluation and asked Council to advice him of their long-term and short-term goals. Mayor Pro Tem Edstrom and Council members Moss, Sterling and Cates do not have a problem with the contract amendments. Moss does not think section 7 need to be quantified in the contract and suggested removing completely. TOWN COUNCIL RECONVENED INTO REGULAR SESSION. *REGULAR SESSION E.2 Discuss and take appropriate action relative to the employment contract between the Town and Town Manager Brandon Emmons, duties, evaluation, performance, and terms of engagement. Council members Cates and Wilson were uncomfortable answering and commenting on Town Manager Emmons' performance due to the outside investigation. Mayor Pro Tem Edstrom said even with the pending investigation, Council should be able to evaluate Emmons on his quantifiable and short-term goals. Council member Sterling agreed. Motion made by Wilson; seconded by Cates to refer evaluation until the first meeting in November Council member Moss said he would not object to a referral. Motion to refer passed 4:1; with Edstrom opposing. F.1 Adjourn. Motion made by Cates, seconded by Moss to adjourn. Meeting adjourned at 11:00 p.m. L 2al�z -z Lisa Ramsey, Town Secretary 1 /Susan Edstrom, Mayor Pro Tem Town of Trophy Club, Texas Town of Trophy Club, Texas