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Minutes TC 01/07/2008 - Joint SessionMINUTES OF JOINT WORKSHOP BETWEEN TOWN COUNCIL AND THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 And TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 dba TROPHY CLUB MASTER DISTRICT AND SPECIAL SESSION FOR THE TOWN AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 7, 2008 at 6:00 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, January 7, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Philip Sterling Council Member Kathleen Wilson Council Member TOWN COUNCIL MEMBERS ABSENT: Jim Moss Council Member Pam Cates Council Member MASTER DISTRICT MEMBERS PRESENT: Carol Borges Chairman Connie While Vice Chair James Thomas Secretary/Treasurer Jim Budarf Director Gary Cantrell Director Kevin Carr Director Jim Hase Director Dean Henry Director Neil Twomey Director MASTER DISTRICT MEMBERS ABSENT: Andy Hayes Director STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Sakura Dedrick Finance Director Walter Fitzpatrick MUD Manager Bob West MUD 1 Attorney Pam Liston MUD 2 Attorney A.1 Mayor Sanders called the Council to order at 6:00 p.m. noting a quorum was present. Mayor Sanders announced the absences of Council members Cates and Moss. A.2 Chairperson Borges called the Master District to order and announce a quorum. A.3 (6:00 P.M. - 8:00 P.M.) Joint workshop with Master District to discuss the following: 1. Employee Services Contract 2. Fire Management Contract (FMC) Director Henry began with only a portion of the contract is in question and it was never their intent for the Master District to have direct control over the operations or employees. Henry is in favor of the proposed changes provided to the Master District by MUD Manager Fitzpatrick on December 20, 2008. The Council and Master District discussed whether the conflicts related to personnel issues or conflicts between the Town Manager and MUD Manager. The Master District is not in favor of putting the HR representative in a difficult position regarding personnel issues. Director Cantrell suggested that conflicts between the Town Manager and MUD Manager be heard by the Town Council and Master District. The original intent of the contract was for the 50/50 employees to fall under the Town Manager's control and the 100% MUD employees to fall under the MUD Manager. Concern was noted that this might create issues with standards. Town Manager Emmons said the original discussion related to the MUD Manager's authority to address repeated violations or malfeasance of the Standard Operation Procedures (SOPs), not the personnel policies. Emmons has not been involved in any of the discussions regarding the changes to grievance policy and said the Mayor and/or Council's intervention into an employment issue violates the Town Charter. Town Attorney Adams, MUD 1 Attorney West and MUD 2 Attorney Liston want to be careful to ensure that all employees are treated equally and are concerned about singling out certain employees with different processes. West feels a formal resolution between the MUD Manager and Town Manager is needed and the contract is annual and can be terminated. West feels a formal conflict resolution process the MUD and Town Manager should be added. Mayor Sanders suggested placing under paragraph 9, dealing with a disagreement as the intent is how to deal with conflict between the MUD and Town Manager and not intended for discipline. Mayor Pro Tem Edstrom agreed that the HR role is to handle conflict management and does not feel that either the Council or MUD Boards should have prevue over conflict management regarding a personnel or operational issues. Director Budarf questioned if this is the right document since it pertains to employees and asked where the resolution would occur if there were conflict between the two managers. Town Attorney Adams responded conflict that is not personnel related could be resolved between the Master District and Town Council. Town Manager Emmons and MUD Manager Fitzpatrick agreed all personnel disagreements have been amicably resolved between one another. Both questioned if this is the appropriate document to address the SOPs. The Council and Master District concluded Article X can stay the same and section nine could have language added for conflict resolution. Director Hase said at the last meeting he moved to terminate the Fire Management Contract (FMC), and withdrew his motion pending a joint meeting. When the Fire Department was a co -managed department it was fine under the Town Manager, however, the next couple of years are going to be critical in the Fire Department and he feels the control should be with the purse strings. Director Cantrell said the intent of streamlining Fire, Police and EMS was to save money, although Council approved it he does not see much in savings, therefore does not see a need for the contract. Director White is concerned and uncomfortable with the lack of authority over hiring and firing the employees and under this contract the employees are not 100% MUD. White said in the past some employees may have been let go too soon and questioned the protection of the employees. Town Manager Emmons responded the Employee Services Contract covers the shared employee and Department Directors are responsible for hiring and firing personnel. Emmons explained the failure of the PSO program, which is better suited for larger departments for rotation purposes, however the Town was using it as a means to supplement staff shortages. After much discussion the parties agree the need to benefit both entities and some are torn whether a contract is needed or not. A.4 Master District adjourned at 7:09 pm. Mayor Sanders called a recess until 8:00 pm. End of Workshop Council reconvened at 8:00 pm. B.1 Assistant Town Manager Seidel gave the Invocation. B.2 Police Commander Lee Delk led the Pledges. B.3 Police Chief Kniffen announced the restructure of the Police Department and presented former Police Captain Lee Delk and Sergeant Tony Simmons with Commander Badges. B.4 Citizen presentations: Constable John Hatzenbuhler, 180 N. Woodland Trail, Double Oak, Texas, asked Council for their support in the upcoming election. TOWN COUNCIL TO CONVENE INTO REGULAR SESSION *REGULAR SESSION CA Highlands Neighborhood 1, Phase 1C-1. Discuss and take appropriate action regarding approval of a Final Plat request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC for The Highlands at Trophy Club Neighborhood 1, Phase 1C-1, 54 Residential Lots and 2 Open Space Lots (13.559 acres) (FP -07-016) Mayors Sanders introduced the following who were in attendance for Items CA — C.6: Steve Lenart, Lenart Development Company, which is also High Trophy Development, LLC Kyle Salzman, Jacobs Carter Burgess Gene Hill, Planning and Zoning Chairman Tom Rutledge, Town Engineer Planning and Zoning Chairman, Gene Hill, reported the Commission discussed the landscape easements, location of some walls to be installed by the developer and nomenclature designation for some non -buildable parcels identified as lots. A note was added to the Final Plat stating certain identified Open Space Lots are "non - buildable parcels". The Planning and Zoning Commission recommends approval of the Final Plat of Highlands Neighborhood 1, Phase CA as presented. Steve Lenart spoke to the issue of separation between the developer's wall and structure. Motion by Sterling; seconded by Wilson to approve with the allotment of the building pad to encroach with the five foot exception. Dennis Sheridan, 1 Hillcrest — Questioned who owns the wall and what would be affected if moved into the easement. Steve Lenart explained this would be similar to underground utilities in a resident's yard. Planning and Zoning Coordinator, Carolynn Huggins, explained approval of the plat does not affect where the wall might go, the permit for the wall would be obtained later in the process, the party was only trying to get a determination now. Town Manager Emmons understands the screen walls will be paid for by the PID fund and the easement would be maintenance to the Town. Motion passed unanimously without further discussion. C.2 Highlands Neighborhood 1, Phase 1C-2. Discuss and take appropriate action regarding approval of a Final Plat request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC for The Highlands at Trophy Club Neighborhood 1, Phase 1C-2, 107 Residential Lots and 4 Open Space Lots (28.144 acres) (FP -07-018) Chairman Hill reported the Commission's recommendation approving the Final Plat of Highlands Neighborhood 1, Phase 1 C.2, with its stipulations regarding the note identifying certain Open Space Lots as "non -buildable parcels", and a five foot separation between the developer's wall and structures. Motion by Edstrom; seconded by Sterling to approve. Motion passed unanimously without any discussion. C.3 Highlands Neighborhood 2, Phase 1A. Discuss and take appropriate action regarding approval of a Final Plat request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC for The Highlands at Trophy Club Neighborhood 2, Phase 1A, 10 Residential Lots and 2 Open Space Lots (3.585 acres) (FP -07-013) Chairman Hill reported the Commission's recommendation approving the Final Plat of Highlands Neighborhood 2, Phase 1A, with its stipulations regarding the note identifying certain Open Space Lots as "non -buildable parcels", and a five foot separation between the developer's wall and structures. Motion by Wilson; seconded by Edstrom to approve. Motion passed unanimously without any discussion. C.4 Highlands Neighborhood 2, Phase 1 B. Discuss and take appropriate action regarding approval of a Final Plat request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC for The Highlands at Trophy Club Neighborhood 2, Phase 1 B, 108 Residential Lots and 4 Open Space Lots (39.810 acres) (FP -07-012) Chairman Hill reported the Commission's recommendation approving the Final Plat of Highlands Neighborhood 2, Phase 1 B, with its stipulations regarding the note identifying certain Open Space Lots as "non -buildable parcels", and a five foot separation between the developer's wall and structures. Motion by Edstrom; seconded by Sterling to approve. Motion passed unanimously without any discussion. C.5 Highlands Neighborhood 5, Phase 1 D-1. Discuss and take appropriate action regarding a Final Plat Approval Request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC for The Highlands at Trophy Club Neighborhood 5, Phase 1D-1, 43 Residential Lots and 2 Open Space Lots (11.788 acres)(FP-07-017) Chairman Hill reported the Commission's recommendation approving the Final Plat of Highlands Neighborhood 5, Phase 1D-1, with its stipulations regarding the note identifying certain Open Space Lots as "non -buildable parcels", and a separation between the developer's wall and structures. Steve Lenart explained this as the same situation as Item C.1. Mayor Sanders informed Council of their options to approve the plat as drawn and either amend the PD or leave the easement in the side yard. Motion by Sterling; seconded by Edstrom to approve. Council member Wilson clarified staff's confidence to approve now as these issues will be readdressed at a later time. Motion passed unanimously without further discussion. C.6 Highlands Neighborhood 5, Phase 1 D-2. Discuss and take appropriate action regarding approval of a Final Plat Approval Request from Jacobs Carter Burgess on behalf of High Trophy Development, LLC for The Highlands at Trophy Club Neighborhood 5, Phase 1 D-2, 50 Residential Lots and 1 Open Space Lot (14.523 acres) (FP -07-019) Chairman Hill reported the Commission's recommendation approving the Final Plat of Highlands Neighborhood 5, Phase 1D-2, with its stipulations regarding the note identifying certain Open Space Lots as "non -buildable parcels", Town Manager Emmons confirmed entry in and out of the neighborhood would be triggered once 741 lots were reached. Motion by Edstrom; seconded by Sterling to approve. Council member Wilson thanked the Planning and Zoning Commission and staff for their thoroughness. Mayor Sanders agreed with Council member Wilson's sentiments on behalf of the entire Council. Motion passed unanimously without further discussion. C.7 Discuss, review and receive input and direction regarding draft Stormwater Management Plan. Town Manager Emmons introduced Environmental Coordinator, Mary Moore, and presented the Stromwater Management Plan. Emmons announced the Town Hall meeting is scheduled for January 15, 2008. Mayor Pro Tem Edstrom questioned the lack of citizen involvement and advertisement. Ms. Moore responded the plan has been on the Town's website since late December; information has been published in the paper and sent on the listserve. Mayor Sanders asked for an update at the first meeting in February, identifying all residents with pools requiring compliance. After discussion by Council, input was to proceed to sending to the state. C.8 Discuss and take appropriate action regarding Police Chief Kniffen's update and recommendation on the police equipment and cars. Town Manager Emmons explained the equipment listed in the packet; the total of $63,914 has not been budgeted in the FY07/08 and is being brought forward at Council's request. The Town has received a quote with annual payments of $21,284.87, the first payment due April 2008 and with a 3% interest rate. Emmons said surplus funds are available and recommended the Council approve the $21,284.87. If surplus money comes up in another area, this amount will be repaid. Council member Wilson asked if the Police Department is unable to adequately perform their job without this equipment. Police Chief Kniffen replied the response times are impacted. Mayor Pro Tem Edstrom is concerned about amending the budget only three months into the fiscal year and questioned a way to prioritize and minimize the impact on this year's budget. Mayor Sanders and Town Manager Emmons answered by financing over three years and annual payments of $21,000. Motion made by Wilson, authorizing staff to begin the process to secure a loan not to exceed $63,914 for police equipment. Motion died for lack of a second. Council member Sterling agreed with Edstrom's concern and noted the Police Department's necessity for officer safety is the video cameras and correlating software. Motion made by Sterling, seconded by Edstrom to fund the leased equipment, excluding the radar systems both hand held and car mounted, and to come back with financing options. Motion passed unanimously without further discussion. C.9 Discuss and take appropriate action regarding the Court Investigation. Motion by Edstrom; seconded by Wilson to officially acknowledge closure of this case and approve court staff to archive investigation documents that it supplied to the FBI appropriately. Motion passed unanimously without further discussion. CA 0 Discuss and take appropriate action to approve financials and variance report dated: a. October 2007 b. November 2007 Motion by Edstrom; seconded by Wilson to approve October's financials and variance report. Mayor Sanders thanked Finance Director, Sakura Dedrick for the detail. Motion passed unanimously without any discussion. CA 1 Town Manager Emmons gave the presentation and update on the 2008 Street Bond project. Mayor Pro Tem Edstrom would like the RFP to ask whether a contractor uses green manufactured concrete plants. Mayor Sanders would like to ensure that we can award the bid to the most qualified, not just to lowest. No action taken. C.12 Items for Future Agenda. Town Manager Emmons reported his scheduled meeting the coming week on the following: 1. Town Manager Emmons to provide an update on the water feasibility study progress and whether the MUDS are willing to participate. Council member Wilson 2. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. No items added. C.13 Reports: Town Manager Emmons gave his Report. DA Adjourn. Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 9:42 p.m. `09f Ramsey, Town Secretary ) Town of Trophy Club, Texas Nick Sanders, Mayor Town of Trophy Club, Texas