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Minutes TC 05/05/2008\ I MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, MayS, 2008 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, May 5, 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 Pam Cates Council Member Philip Sterling Council Member Jim Moss Council Member Kathleen Wilson Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons'· Town Manager Stephen Seidel Assistant Town Manager Lisa Ramsey Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Stephanie Gohlke Finan,cial Analyst /. A.1 Mayor Sanders called the Regular Session to order at 7:.06 p.m. noting a quorum was present. A.2 Mayor Sanders gave the Invocation. A.3 Council Candidate, Joseph Boclair led the pledges. A.4 Discuss and take appropriate action regarding a Proclamation proclaiming May 11-17, 2008 as National Police Week. Mayor Pro Tem Edstrom read the Proclamation. Motion made by Moss, seconded by Wilson to approve the Proclamation. Motion passed unanimously without any discussion. A.S Citizen Presentations: Rob Stecker, 12 Meadowbrook Lane -Asked the Council to consider reviewing the policy on the rental and scheduling of community baseball fields. Jim Thomas, 7 Meadowbrook Lane -Thanked the Council and Staff for their help with the CityBase.Net, Inc contract. Mr. Thomas stated. that both MUD Districts are c,onfident in Mr. McLain's abilities to perform the study. B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. January 2008 -March 3 1 lVIotion made by Moss, seconded by Sterling to approve the Consent Agenda, Item B.1 (March 2008 Reports). Motion passed unanimously without any discussion. C.1 Discuss and provide input regarding a request to privatize the streets and storm sewers in the Churchill Downs development. Town Manager Emmons explained that the property, known as Churchill Downs, was annexed by the Town of Trophy Club on February 19, 2007 (Ordinance No. 2007-04) as R-15 Single Family District zoning. This subdivision consists of 35 single family lots, however only two are sized adequate to conform to R-15 zoning. The remaining 33 lots are smaller and thus non-conforming to R-15 zoning. Mr. Price was advised at the time of annexation that he should rezone the property to bring the lots into compliance which would be beneficial to the future homeowners. Mr. Price, requested the Council to consider his desire to change Churchill Downs subdivision into a private, gated community, rescinding the public dedication of the streets and storm sewers. Mr. Price wishes to create a Homeowners Association (HOA) and the HOA would be responsible for the maintenance of the private streets (Churchill Downs Lane, Derby Lane) and storm sewers. Council member Cates said her experience with HOAs is that they do not save enough money necessary for the maintenance of the private streets. Cates suggested Council oversee an actuarial by the HOA to ensure they are saving enough money to cover their responsibilities. Mayor Pro Tem Edstrom is not a proponent of gated communities in Trophy Club as it loses the home town feeling. Edstrom stated unless the developer can justify the need, she cannot support. Council member Moss questioned other options available. Town Manager Emmons provided the Council with the following options: • Approve the developer's request to create a private, gated community with the following . stipulations: o Require the developer to rezone the property to R-10 Single Family District o Vacate the existing plat o Bring forward a new "Final Plat" signed by all property owners of Churchill Downs subdivision property, rescinding the public streets and storm sewers o Create an HOA; the HOA to be responsible for maintaining the private streets and storm sewers • Deny the developer's request to create a private, gated community; the streets and storm sewers to remain public property belonging to and maintained by the Town. • Approval/denial with a variation of stipulations. Mayor Sanders feels it appropriate that the Town not charge Mr. Price for the permitting fees under the circumstance. Planning and Zoning Coordinator, Carolynn Huggins advised-the Council can waive the fees. Council member Sterling and Wilson are in favor of rezoning and Wilson is in favor of waiving the fees. The Council expressed concern about the privatization of the streets and storm sewer. No action taken, input only. C.2 Discuss and provide input regarding an Ordinance amending Chapter 1 entitled "Administration" by adding Article XV entitled "Indemnification of Officers" as authorized by state law and Section 3.21 of the Town Charter. 2 Town Manager Emmons advised Section 3.21 of the Town's Home Rule Charter authorizes Council to adopt an ordinance providing for the indemnification of Town officers, employees, and volunteers. Council member Cates asked if this would cover the MUD employees since they technically work for the Town. Town Attorney Adams advised that the MUD and Town have separate insurance providers. Mayor Sanders and Council member Sterling feels Section 15.03 needs more clarification. Mayor Pro Tem Edstrom stated in order to indemnify the volunteers, staff needs to require 100% compliance with Public Meetings Training. No action taken, input only. C.3 Discuss and take appropriate action regarding a Resolution approving the submission of the grant application for the Tobacco Compliance, for the 2007-2008 fiscal year and designating the Town Manager as the authorized official for the Town. Town Manager Emmons stated the Tobacco Compliance Grants available for this year provide anywhere from $1,000 to $40,000 to local law enforcement to be utilized for onsite controlled bUYs, onsite inspections of those retailers, compliance education of tobacco retailers, jUdicial courts, personnel and training of investigators participating in the program. The funding is set depending upon he needs of each community. The funding can also be used toward salaries and there are no matching funds required. Motion made by Moss, seconded by Cates to approve a Resolution approving the submission of the application for the Tobacco Compliance Grant, for the 2007-2008 fiscal year and designating the Town Manager as the authorized official for the Town. Mayor Pro Tem confirmed that this is strictly a grant the Police Department wants to take advantage of for educational purposes. Edstrom expressed concerned about stings, when Trophy Club only has three retailers that sells tobacco. Edstrom would like to see a report of the educational training when this Grant comes back for renewal. Motion passed unanimously. C.4 Discuss and receive input regarding goals and objectives for Town departments. The purpose of this item is to provide clear and concise guidance for Town staff with regard to the Town's. budgeting process. It will provide a framework for the staff to work within and enable staff to provide a proposed budget that incorporates the goals of the Town Council. Mayor Pro Tem Edstrom asked for a presentation from the Street Department for the next set of street construction projects as this will finish the current bond. She would like to know the future plans in order to forecast potential bonds. Edstrom would also like to receive a funding scenario for the Joint Use Library at the new Byron Nelson High School. Edstrom would like the department accounts to be kept the same for the upcoming bUdget. Council member Wilson would like to see updates from both the Streets and Building Inspections Departments. Council member Wilson would also like to see the staff compare prices on hybrid vehicles. Council would like to see a salary survey of surrounding cities. Council member Cates feels the objective given to Town Manager Emmons to cut the tax was totally unfair; you cannot ask for more and take less. Mayor Sanders explained his request of manager Emmons to bring a proposed bUdget to council with a 1 cent decrease. Traditionally staff builds the budget using 100% of forecasted revenue, therefore, if staff begins with a budget that uses 100% of forecasted, the council will have a harder time putting priority items into the budget. 3 Council member Sterling wants to ensure that the funds currently budgeted are being spent on the items they were intended for. Council wants to look at the Land Use Plan and the Master Park improvements together. Council is in favor of looking at a feasibility study for a new Police Department Building and the Town's drainage issues and requested the Town Manager Emmons to provide costs associated for Council's prioritization. No action taken, input only. C.5 Discuss and provide input/take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club, the City of Roanoke, NISD and Denton County for the construction of Northwest Parkway along NISD property to its intersection with Highway 377. Town Manager Emmons said this process has been ongoing for at least sixteen months. The road will be built to Trophy Club's design standards. Emmons explained the changes made by the other attorneys and recommended staff bring this back to Council on May 19, 2008. . lVIayor Pro Tem Edstrom commended Town Manager Emmons on his ability to coordinate the meeting and negotiate this agreement with so many different entities. Mike Kaler, 17 Hanna Court -Spoke in favor of the item. No action taken. A. Discuss and provide input/take appropriate action on the development agreement between the Town and 831 Trophy L.P. and Centurion Acquisitions LP for the extension of Northwest Parkway. No action taken, Council prefers to approve both agreements together. C.G Staff to provide an update to Council regarding measures taken and plans to mitigate flooding issues within the Town; and discussion of same. Mayor Pro Tem Edstrom stated she requested this item and asked staff to ensure the creek bed behind Tom Thumb is clear of debris in order to prevent flooding like the Town had last year. Town Manager Emmons provided an update on the designation of the channels for the future development. Greg Isert, 9 Rivera Court -Although he has not been personally affected, would like Council to address. John Grunthaner, 8 Meadow Creek Court -Feels that some of the drainage issue is runoff from HWY 114. Council member Sterling asked for an update regarding the drainage issues behind the Svore Municipal Building and down into the streets. Town Manager Emmons said it is not completely fixed and some improvements have been made. Some pipes are still exposed and there are a couple of other things that need to be taken care of. C.7 Discuss and take appropriate action regarding the Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. regarding professional services for the evaluation of financial feasibility and impacts related to the water/wastewater study. . Town Manager Emmons explained the changes to the updated agreement provided to the Council. Emmons said the MUD Directors would like to see the representatives have the power to suspend or terminate the contract. Mayor Pro Tem Edstrom and Council member Cates disagreed stating that this type of action needs to occur in an open, public meeting. 4 Motion made by Edstrom, seconded by Sterling to approve a Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. with the following changes; Section 4, by removing, 'shall commence no later than May 1, 2008, and adding upon approval of all parties and amending Section 5, by removing all references to MUD 1 and MUD 2. Motion passed unanimously without further discussion c.a Items for Future Agenda. 1. Review of the Property Maintenance Ordinance. (Council member Cates) 2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. (Mayor Sanders -Council member Cates) 3. Discuss and receive input regarding an Ordinance amending Section 6.01(E)(4) of Article VI "Town Council Rules of Procedure," Chapter 10f the Code of Ordinances relating to Presentation by Citizens. (Council member Moss) 4. Discuss and receive input regarding an Ordinance amending Article 1I,"Traffic and Vehicles" of the Code of Ordinances relating to speed limit reduction. (Council member Moss) 5. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. (Council member Wilson) 6. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on 1/21/08) 7. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom ­ 1/21/08) a. Annual update and presentation by the Park Board. (August 4, 2008) 9. Discuss and take appropriate action regarding an Agreement for Professional Services between Carter & Burgess, Inc. and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway, Parkview Realignment, and Medlin School Drop-Off. 10. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic. (Council member Cates -4/21/08) 11. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Mayor Pro Tem Edstrom -4/21/08) 12. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club (Council member Wilson -4/21/08) 13. Readdress the speed limit and signage on Skyline Drive. (Council member Wilson -4/21/08) 14. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson ­ 4/21/08) Council added the following: Town Council to provide direction to the P & Z Commission regarding Mr. Kaler's ordinance proposals. (Council member Wilson) Town Council to provide direction to the Charter Review Commission. (Mayor Pro Tem Edstrom) C.9 Reports. (a) Town Manager Emmons' gave his report. (b) EDC 4A Liaison, Council member Moss gave his report. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION Council convened into Executive Session at 9:30 p.m. 0.1 Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the annual evaluation of Town Manager, Brandon Emmons. 5 TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION Council reconvened into Regular Session at 10:30 p.m. E.1 Discuss and take appropriate action relative to Executive Session Item Number E1. Motion made by Edstrom, seconded by Moss to renew contract, increase Town Manager Emmons' salary by 6%, increase his car allowance to $500.00 per month, and change section 3.02 Employment Agreement to amend that the annual evaluation and increases be conducted annually by the first of May each year. Council Member Edstrom changed her motion by, adding that Section 2.01 be changed to June, 2008, and the salary increase to be effective immediately. The second agreed. Mayor Sanders feels that 6% is fair as Town Manager Emmons did not take an increase last year but gave to his department heads to distribute among their departments. Wilson moved to amend the 6% salary increase to 4% and to leave the current car allowance. Motion died for lack of a second. Cates moved to amend the 6% salary increase to 4%, Wilson seconded. Edstrom moved the previous question on all matters before the Council. Motion to close the debate, passed 4: 1, with Sterling opposing. Motion on the amendment failed 2:3 with Moss, Edstrom and Sterling opposing. Main motion to renew Town Manager Emmons' contract, to increase his salary by 6%, effective immediately, to increase his car allowance to $500.00 per month, changing section 3.02 of his Employment Agreement for his annual evaluations and salary increases be conducted by the first of May each year, and changing Section 2.01 to the date of June 1, 2008, passed 3:2 with Cates and Wilson opposing. E.2 Adjourn. Motion made by Moss, seconded by Sterling to adjourn. Meeting adjourned at 10:43 p.m. Ni~~~ Town of Trophy Club, Texas 6