Minutes TC 06/12/2018 - Joint and Regular Session TOWN OF TROPHY CLUB
TOWN COUNCIL JOINT AND REGULAR SESSION MINUTES
TUESDAY,JUNE 12,2018,6:45 P.M.
LOCATION: 1 TROPHY WOOD DRIVE,TROPHY CLUB,TEXAS
COUNCIL CHAMBERS
The Town Council of the Town of Trophy Club, Texas, met in a Joint Session on Tuesday, June 12, 2018. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Philip Shoffner Mayor Pro Tern, Place 6
Alicia L. Fleury Council Member, Place 1
Eric Jensen Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Tim Kurtz Council Member, Place 4
Greg Lamont Council Member, Place 5
ECONOMIC DEVELOPMENT CORPORATION(EDC)4B MEMBERS PRESENT:
Sean Bone President
Cory McDonald Vice President
Michael Richmond Secretary/Treasurer
Travis Inge Director
Jared Hall Director
Chris Whipple Director
EDC 4B MEMBERS ABSENT:
Steve Flynn Director
TAX INCREMENT REINVESTMENT ZONE(TIRZ)NO. 1 PRESENT:
Sean Bone Chairperson
Jared Hall Vice Chairperson
Travis Inge Board Member
Cory McDonald Board Member
TIRZ NO.1 ABSENT:
Rebecca Barksdale Board Member,Tarrant County Official
STAFF PRESENT:
Tom Class Town Manager Anita Otterson Administrative Assistant
David Dodd Town Attorney Mike Pastor Information Technology Manager
Holly Fimbres Town Secretary/RMO Lisa Payne Town Planner
Patrick Arata Police Chief Jonathan Phillips Director of Administrative Services
Wade Carroll Fire Chief Tommy Uzee Director of Community Development
Tony Jaramillo Director of Parks and Recreation Steve Woodard Police Captain
Amber Karkauskas Director of Finance John Zagurski Budget Manager
Jill Lind Communications&Marketing Manager Steve Zieverink Information Technology Specialist
Mayor Sanders announced the date of Tuesday,June 12, 2018, called the Town Council to order and announced a
quorum at 6:45 p.m.
EXECUTIVE SESSION
1. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act),the Council will convene into executive session to discuss the following:
A) Section 551.087 Deliberation regarding Economic Development Negotiations under Subsection (1) to
discuss or deliberate regarding commercial or financial information that the governmental body has
received from a business prospect that the governmental body seeks to have locate,stay,or expand in
or near the territory of the governmental body and with which the governmental body is conducting
economic development negotiations and Subsection (2) to deliberate the offer of a financial or other
incentive to a business prospect that the Town seeks to have locate within the territory of the Town:
Possible amendments to OTD Agreements(D.Dodd)
CONVENED INTO EXECUTIVE SESSION-START TIME—6:48 P.M.
RECONVENED INTO JOINT SESSION-START TIME—7:11 P.M.
RECONVENED INTO JOINT SESSION
2. Consider and take appropriate action regarding the Executive Session(H.Fimbres).
Motion:
Motion made by Council Member Rowe,seconded by Council Member Jensen,to approve the Amended Economic
Development Agreement between the Town of Trophy Club, TIRZ No. 1, EDC 4B, and OTD TC, LLC for the Bread
Winners property as presented with the following amendments:on page 3, in Article II, Definitions,to replace 3.88
acres with the appropriate acreage of 2.0517 within the Property definition; and on page 6, in Article IV, EDC
Obligations,within Section 4.1(a)to replace"Developer's debt"with"EDC's obligation".
Motion passed unanimously 7-0-0.
Motion:
Motion made by Council Member Rowe,seconded by Council Member Jensen,to approve the Amended Economic
Development Agreement between the Town of Trophy Club,TIRZ No. 1, EDC 4B, and OTD TC, LLC for the HG Sply
property as presented with the following amendments: on page 3, in Article II, Definitions, to replace 3.88 acres
with the appropriate acreage of 1.8331 within the Property definition; and on page 6, in Article IV, EDC
Obligations,within Section 4.1(a)to replace"Developer's debt"with"EDC's obligation".
Motion passed unanimously 7-0-0.
CONVENED INTO REGULAR SESSION AT 7:17 P.M.
The Invocation was offered by Town Secretary Fimbres.
The Pledges to the American Flag and Texas Flag were led by Council Member Kurtz.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s)of your statement. Topics of presentation should be limited to matters over which the Council has authority.
Kaylee McRae, 1 Heritage Court, requested that the Town allocate funds in the next budget cycle for a complete
redesign of the island on Indian Creek Drive between Hill Court and Heritage Court. A previous request had been
made to a couple of former Staff members. Currently there was no landscaping and about 14 Bradford Pear trees
that she believed were inadequacy planted. The maximum life span of Bradford Pear trees was 20 to 25 years and
Town Council Minutes June 12,2018 Page 2 of 16
she believed the current trees had been planted in the mid 1990's. She noted that some of the islands in front of
the duplexes should be redesigned as well.
ANNOUNCEMENTS AND REPORTS
3. Receive Town Manager Class'update and provide input regarding the following(T.Class):
• Staffing—Police Captain Bobby Tillman would begin on June 18th; three Police Cadets joined the Police
Academy and were scheduled to begin service with the Town in November; and approximately 50
seasonal employees were hired for the summer. Vacant positions included the Parks Superintendent,
Building Inspector,and a Streets Maintenance Worker.
• Sound Wall — Per the Texas Department of Transportation, the west wall along Highway 114 was
approximately 50 percent complete and the east wall was 100 percent complete on the drill shafts and
stone columns.
Council Member Jensen inquired if the Police Cadets were being paid while going through the Police Academy.
Town Manager Class responded that they were being paid and wages would terminate if they did not pass the
Academy.
Mayor Pro Tem Shoffner requested that Staff obtain a maintenance schedule for the area behind the Sound Wall
to provide to the effected residents and to ensure that the area would be maintained.
CONSENT AGENDA
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.
4. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated May 22,
2018(H.Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
5. Consider and take appropriate action regarding the financial and variance report dated April 2018 (A.
Karkauskas).
6. Consider and take appropriate action regarding repealing Resolution No. 2015-15 and adopting a new
Resolution, amending the Handbook for Elected and Appointed Officials; and providing an effective date
(Mayor Pro Tem Shoffner and Council Member Rowe).
Mayor Sanders requested to remove Agenda Item No.6 from the Consent Agenda.
Motion:
Motion made by Council Member Rowe,seconded by Council Member Jensen,to approve Consent Agenda Items 4
and 5.
Motion passed unanimously 7-0-0.
REGULAR SESSION
6. Consider and take appropriate action regarding repealing Resolution No. 2015-15 and adopting a new
Resolution, amending the Handbook for Elected and Appointed Officials; and providing an effective date
(Mayor Pro Tern Shoffner and Council Member Rowe).
Motion:
Motion made by Council Member Lamont, seconded by Mayor Sanders, to approve Resolution No. 2018-08 with
the following amendments:
• On page 3 of Exhibit A, replace the recommended language within the Town Council Appointments
Committee section with the following language:At the first Town Council meeting in June, the Council
shall establish a Town Council Appointments Committee tasked with making recommendations to the full
Council regarding appointments to all Boards, Commissions, and Corporations (hereinafter
"Appointments Committee"). The Appointments Committee shall be comprised of the Mayor or his
Town Council Minutes June 12,2018 Page 3 of 16
designee and (2)two Council members,should a designee be appointed,the designee will serve the full or
remaining term. The Committee shall have the discretion to add additional non-voting ex-officio
members to the Committee as determined appropriate.
• On page 3 of Exhibit A, replace the recommended language within the second paragraph of the Interview
Process — Appointments Committee section with the following language: Staff Liaisons shall be
responsible for scheduling interviews for each candidate who submits an application for their respective
Board, Commission, or Corporation. Typically these interviews will be held at a regular interval as
determined by the Appointments Committee. In the event of scheduling conflicts or workload demands,
alternate dates may be selected. If a Council member is unable to attend an interview meeting, the
meeting can be held with(2)two Council members.
Mayor Pro Tem Shoffner requested to divide the question.
Council Member Jensen did not support language that required the Mayor to be appointed to the Town Council
Appointments Committee. The language as presented in the agenda packet would allow for the ability for the
Mayor to serve on the Committee without requiring him to serve.
Council Member Rowe added that the language used in the agenda packet provided for the Mayor to have the
right of first refusal.
Motion to Amend:
Motion to Amend made by Mayor Pro Tern Shoffner, seconded by Council Member Jensen, to replace the
language used in the Motion for the Town Council Appointments Committee section to be replaced with the
following language as presented in the agenda packet:
• At the first Town Council meeting in June, the Council shall establish a Town Council Appointments
Committee tasked with making recommendations to the full Council regarding appointments to all
Boards, Commissions, and Corporations (hereinafter " Appointments Committee"). The Appointments
Committee shall be comprised of three(3)Council members, and the Committee shall have the discretion
to add additional non-voting ex-officio members to the Committee as determined appropriate.
A brief discussion took place that there was no other committee that required the Mayor to serve on it.
The vote for the Motion to Amend was taken, so that the Town Council Appointments Committee section of
Exhibit A would read as follows: At the first Town Council meeting in June, the Council shall establish a Town
Council Appointments Committee tasked with making recommendations to the full Council regarding
appointments to all Boards, Commissions, and Corporations (hereinafter " Appointments Committee"). The
Appointments Committee shall be comprised of three (3) Council members, and the Committee shall have the
discretion to add additional non-voting ex-officio members to the Committee as determined appropriate.
Motion to Amend carried 5-2-0,with Mayor Pro Tem Shoffner and Council Members Fleury,Jensen, Rowe, and
Kurtz voting for,and with Mayor Sanders and Council Member Lamont voting against.
The vote for the Motion as Amended was taken, so that the Town Council Appointments Committee section of
Exhibit A would read as follows: At the first Town Council meeting in June, the Council shall establish a Town
Council Appointments Committee tasked with making recommendations to the full Council regarding
appointments to all Boards, Commissions, and Corporations (hereinafter " Appointments Committee"). The
Appointments Committee shall be comprised of three (3) Council members, and the Committee shall have the
discretion to add additional non-voting ex-officio members to the Committee as determined appropriate.
Motion as Amended carried 5-2-0, with Mayor Pro Tern Shoffner and Council Members Fleury, Jensen, Rowe,
and Kurtz voting for,and with Mayor Sanders and Council Member Lamont voting against.
Motion to Amend:
Motion to Amend made by Mayor Pro Tem Shoffner, seconded by Council Member Jensen, to replace the
language used in the Motion for the second paragraph of the Interview Process — Appointments Committee
section to be replaced with the following language:
Town Council Minutes June 12,2018 Page 4 of 16
• Staff Liaisons shall be responsible for scheduling interviews for each candidate who submits an application
for their respective Board,Commission,or Corporation.Typically these interviews will be held at a regular
interval as determined by the Appointments Committee. In the event of scheduling conflicts or workload
demands, alternate dates may be selected. The Appointments Committee shall make every effort to
interview the applicants. It is not required that there be more than 1 member of the committee at an
interview although it is recommended that at least 2 members be present. Having other Council
members who are not members of the Committee present in interviews is not recommended.
Council Member Rowe commented that the amendment accomplished Council Member Lamont's intent to avoid
the impression of a walking quorum.
The vote for the Motion to Amend was taken, so that the second paragraph of the Interview Process —
Appointments Committee section of Exhibit A would read as follows: Staff Liaisons shall be responsible for
scheduling interviews for each candidate who submits an application for their respective Board, Commission, or
Corporation. Typically these interviews will be held at a regular interval as determined by the Appointments
Committee. In the event of scheduling conflicts or workload demands, alternate dates may be selected. The
Appointments Committee shall make every effort to interview the applicants. It is not required that there be more
than 1 member of the committee at an interview although it is recommended that at least 2 members be
present. Having other Council members who are not members of the Committee present in interviews is not
recommended.
Motion to Amend passed unanimously 7-0-0.
The vote for the Motion as Amend was taken, so that the second paragraph of the Interview Process —
Appointments Committee section of Exhibit A would read as follows: Staff Liaisons shall be responsible for
scheduling interviews for each candidate who submits an application for their respective Board, Commission, or
Corporation. Typically these interviews will be held at a regular interval as determined by the Appointments
Committee. In the event of scheduling conflicts or workload demands, alternate dates may be selected. The
Appointments Committee shall make every effort to interview the applicants. It is not required that there be more
than 1 member of the committee at an interview although it is recommended that at least 2 members be
present. Having other Council members who are not members of the Committee present in interviews is not
recommended.
Motion as Amended passed unanimously 7-0-0.
7. Administration of Oath of Office and presentation of Certificate of Election to Tim Kurtz, Council Member
Place 4(H.Fimbres).
Judge Mark D.Chambers administered the Statement of Appointed Officer and Oath of Office to Tim Kurtz,elected
Council Member Place 4.
Mayor Sanders presented Council Member Kurtz with a Certificate of Election.
RECESSED AT 7:39 P.M.FOR A BREAK
RECONVENED AT 7:55 P.M.INTO REGULAR SESSION
8. Remarks to and from Tim Kurtz,Council Member Place 4(H.Fimbres).
Council Member Kurtz thanked the residents for entrusting him with this position for another three years.
Council Member Lamont congratulated Council Member Kurtz.
Council Member Rowe stated that it has been a privilege to serve with Council Member Kurtz and that he looked
forward to serving with him for another three years.
Council Member Jensen commented that Council Member Kurtz brought a great deal of expertise to the Council
and that he was a great asset to the Town.
Town Council Minutes June 12,2018 Page 5 of 16
Council Member Fleury remarked that Council Member Kurtz helped guide her during her first year on Council and
that the Town was very fortunate to have him serve on Council.
Mayor Sanders appreciated Council Member Kurtz for the value he added to the Council and he looked forward to
serving with him for the next couple of years.
9. Receive the Mayor's State of the Town Address;discussion of same(Mayor Sanders).
Mayor Sanders provided the Mayor's State of the Town Address.
No action was taken on this item.
10. Consider and take appropriate action regarding a Developer's Agreement between the Town of Trophy Club
and NAP Trophy Club, L.P.; and authorizing the Mayor or his designee to execute all necessary documents
(T.Uzee).
Town Attorney Dodd advised that this Developer's Agreement was to protect the Town for the drainage and storm
sewer infrastructure that would be dedicated to the Town. He stated that the streets were public access
easements;therefore they were not part of this agreement because they would remain private.
Council Member Lamont commented that the original PD 30 proposal was made six years ago by a prior Council
and remarked that he would be voting against this item.
Mayor Pro Tem Shoffner inquired if the Town would enter into future developer agreements for infrastructure.
Town Attorney Dodd responded that he spoke with Mike Pacillio, Developer with North American Properties
(NAP), and they have taken the lead in this development. Mr. Pacillio signed a contract with North Texas
Construction for all improvements.
Mayor Pro Tem Shoffner asked how the Town was protected because within the PD 30 document,the developer
was required to simultaneously construct the multifamily and pad sites before they could receive a permit,which
would be constructed by two separate developers. Town Attorney Dodd responded that the Town's protection
was through the zoning ordinance, PD 30 ordinance,and the permitting process.
Mayor Sanders advised that there was an agreement between the developer and Trophy Club Municipal Utility
District No.1 for the Water Distribution System and Sanitary Sewer System.
Mayor Pro Tem Shoffner inquired if Mr. Pacillio would be responsible for Item No. 1 through 6 on page 5 of the
Developer's Agreement. Town Attorney Dodd confirmed that Mr. Pacillio signed an agreement with North Texas
Construction and those items were included with the agreement.
Council Member Jensen asked what would happen if the majority of Council voted against this agreement based
on Council Member Lamont's earlier comment that he would vote against the item. Town Attorney Dodd
responded that the purpose of this agreement was to ensure that the Water Distribution System, Sanitary Sewer
System, and Drainage and Storm Sewer were built to the proper standards before being dedicated as public. This
agreement acted as extra protection for the Town on top of permitting and Town ordinances.
Mayor Sanders pointed out that within the agreement it specified an amount the developer would incur to cover
the cost of Town inspection fees as related to the construction of the project,which was based on a percentage of
the total cost of paving and drainage improvements.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Jensen, to approve the Developer's
Agreement between the Town of Trophy Club and NAP Trophy Club, L.P. as presented and authorize the Mayor or
his designee to execute all necessary documents.
Town Council Minutes June 12,2018 Page 6 of 16
Motion carried 6-1-0 with Mayor Sanders,Mayor Pro Tem Shoffner,and Council Member Fleury,Jensen,Rowe,
and Kurtz voting for,and with Council Member Lamont voting against.
11. Consider and take appropriate action regarding an Ordinance, amending Section 8.02.003, Declaration of
nuisance,within the Town's Code of Ordinances such that all activity on Sunday is treated the same as on
Monday through Saturday; and providing an effective date (Council Member Rowe and Council Member
Jensen).
Main Motion:
Main Motion made by Council Member Rowe, seconded by Council Member Jensen, to approve Ordinance No.
2018-11, amending Section 8.02.003, Declaration of nuisance, within the Town's Code of Ordinances such that all
activity on Sunday is treated the same as on Monday through Saturday as presented and providing an effective
date of June 12,2018.
Council Member Rowe explained that the Town Manager granted a waiver earlier in the year to allow construction
on a Sunday. He believed that it was appropriate to proceed with amending the nuisance ordinance so that each
day would be treated the same and this would help assist Staff with not having to go through extra steps.
Motion to Amend:
Motion to Amend made by Council Member Lamont, seconded by Mayor Sanders, to replace Numerical (6),
Numerical (7), and Numerical (8) of Subsection (a) and Subsection (b) within Section 8.02.003, Declaration of
Nuisance,as follows:
• Numerical (6) of Subsection (a) to read as follows: The erection, including excavation, demolition,
alteration or repair work on any building, other than between the hours of 7:00 a.m.and 6:00 p.m. on or
during the weekdays of Monday through Friday and between the hours of 9:00 a.m. and 5:00 p.m. on
Saturdays,except in case of an urgent necessity in the interest of public safety and convenience,and then
only by permit from the town manager or designee in accordance with section 8.02.005 of this article,
specifying the nature of the emergency and the days and hours such work is to be allowed,which permit
may be renewed by the town manager or designee during the time the emergency exists.
• Numerical (7) of Subsection (a)to read as follows: The operation of any heavy equipment, machinery or
apparatus for excavation, construction, grading, earth moving, paving, cement laying or pouring, drilling
or work of any nature, or the operation of any chain saw, within 1500 lineal feet of any occupied
residential dwelling,other than between the hours of 7:00 a.m.and 6:00 p.m. on or during the weekdays
of Monday through Friday and between the hours of 9:00 a.m.and 5:00 p.m.on Saturdays,except in case
of an urgent necessity in the interest of public safety and convenience,and then only by permit from the
town manager or designee in accordance with section 8.02.005 of this article,specifying the nature of the
emergency and the days and hours such work is to be allowed, which permit may be renewed by the
town manager or designee during the time the emergency exists.
• Numerical (8) of Subsection (a) to read as follows: As a part of any business, other than between the
hours of 7:00 a.m.and 9:00 p.m., on or during the weekdays of Monday through Friday and between the
hours of 9:00 am and 5:00 pm on Saturdays, within 1500 linear feet of any occupied residential dwelling,
the operation of any heavy equipment, truck or machinery which emits noises of such intensity or
loudness that annoy or disturb persons of ordinary sensibilities within such distance,except in the case of
urgent necessity in the interest of public safety and convenience, and then only by permit from the town
manager or designee in accordance with section 8.02.005 of this article, specifying the nature of the
emergency and the dates and hours such work is to be allowed, which permit may be renewed by the
town manager or designee during the time the emergency exists.
• Subsection (b)to read as follows: Notwithstanding any of the above,the town manager or designee shall
have the authority to and may issue a permit in accordance with section 8.02.005 of this article for
alteration or repair work or for new construction in connection with owner-occupied residences when
the particular work is to performed by the owner-occupant of the premises where the work is to be
performed and when such work is to be performed between the hours of 6:00 p.m. and 9:00 p.m.,
Monday through Saturday,inclusive,or between the hours of 9:00 a.m.and 6:00 p.m.on Sunday.
Town Council Minutes June 12,2018 Page 7 of 16
Council Member Lamont stated that he changed the start time on Saturdays from 7:00 a.m. to 9:00 a.m. to give
residents a couple more hours of rest and he excluded construction on Sundays.
Council Member Kurtz commented that he had not dealt with a city or town that would not allow construction on
Sundays. He stated that several commercial contractors work on Saturdays and Sundays because they were on
deadlines to complete their projects.
Mayor Pro Tern Shoffner remarked that he was not against working on Sundays because the Council made it a
point to be user friendly and most construction was residential remodels. He noted that the City of Southlake and
City of Roanoke allowed construction on Sundays.
The vote for the Motion to Amend was taken.
Motion to Amend failed 1-6-0 with Council Member Lamont voting for,and with Mayor Sanders,Mayor Pro Tem
Shoffner,and Council Members Fleury,Jensen,Rowe,and Kurtz voting against.
Council Member Fleury commented that she was in favor of limiting the hours from 9:00 a.m. to 5:00 p.m. on
Saturdays and Sundays.
Motion to Amend:
Motion to Amend made by Council Member Fleury, seconded by Mayor Pro Tem Shoffner,to limit the hours from
9:00 a.m.to 5:00 p.m.on Saturdays and Sundays.
Council Member Jensen stated that changing the start time would prohibit landscapers from getting work done on
Saturday mornings.
Mayor Pro Tern Shoffner commented that it was not an unreasonable request and that several cities implemented
a start time of 9:00 a.m.
Council Member Rowe inquired if they intended for this change to apply to landscape work being done on the
weekends. Council Member Fleury responded that she did not intend for landscaping to be included because she
did not believe that landscaping would be part of demotion, alterations,equipment,or machinery as mentioned in
the ordinance.
Council Member Rowe reiterated that his intention was to make the nuisance ordinance easier to enforce and to
provide simple aspects of liberty for residents to contract or work on their own private property. He believed that
it would be going in the wrong direction to have different hours for different days.
Council Member Kurtz desired to be business friendly and stated that tradesmen want to work as early as possible.
He agreed that the hours should be the same to help Staff enforce the ordinance and to help make it easier for the
businessmen.
The vote for the Motion to Amend was taken, limiting the hours from 9:00 a.m. to 5:00 p.m. on Saturdays and
Sundays.
Motion to Amend carried 4-3-0 with Mayor Sanders,Mayor Pro Tern Shoffner,and Council Members Fleury and
Lamont voting for,and with Council Members Jensen,Rowe,and Kurtz voting against.
Council Member Rowe remarked that if the Council passed the Main Motion as Amended it would prohibit a
resident from cutting a tree limb down with a chainsaw before 9:00 a.m.on a Saturday.
Motion to Amend:
Motion to Amend made by Council Member Jensen, seconded by Mayor Pro Tern Shoffner, to change the hours
from 7:00 a.m.to 6:00 p.m.on Saturdays as originally required.
Council Member Jensen stated that his intent was to take Saturdays as originally allowed because most residents
prefer to get their work done early in the morning.
Town Council Minutes June 12,2018 Page 8 of 16
Mayor Pro Tern Shoffner pointed out that there was still the ability for the Town Manager or designee to have the
authority to issue a permit in accordance with Section 8.02.005.
The vote for the Motion to Amend was taken,to change the hours from 7:00 a.m. to 6:00 p.m. on Saturdays as
originally required.
Motion to Amend carried 6-1-0 with Mayor Sanders,Mayor Pro Tem Shoffner,Council Members Fleury,Jensen,
Rowe,and Kurtz voting for,and with Council Member Lamont voting against.
The vote for the Main Motion as Amended was taken, to approve Ordinance No. 2018-11, amending Section
8.02.003, Declaration of nuisance, within the Town's Code of Ordinances; providing an effective date of June 12,
2018; limiting the hours from 9:00 a.m. to 5:00 p.m. on Sundays; and to change the hours from 7:00 a.m.to 6:00
p.m.on Saturdays as originally required.
Main Motion as Amended carried 5-2-0 with Mayor Pro Tem Shoffner and Council Members Fleury, Jensen,
Rowe,and Kurtz voting for,and with Mayor Sanders and Council Member Lamont voting against.
12. Consider and take appropriate action regarding an Ordinance amending Chapter 2,Animal Control,within
the Town's Code of Ordinances such that registration of household pets is no longer required;and providing
an effective date(Council Member Rowe and Council Member Jensen).
Council Member Jensen recommended removing Subsection (c), Failure to obtain license tag, from Section
2.01.019,Licenses and Tags,since the intent was to remove licensing requirements.
Council Member Fleury inquired if the Animal Shelter Advisory Board reviewed the ordinance. Town Attorney
Dodd responded that it was not required to have the Board review the ordinance.
Mayor Pro Tern Shoffner provided the history of the creation of regulations for control of animals that began in
1985. In 1991, license tags were valid for a period of one year or until the anniversary date of the vaccination of
the dog or cat,whichever came first. In 2006,the annual licensing fee changed to a one-time licensing fee for each
animal. He researched this particular fee and found three instances that listed the registration fee as being$5.00,
which was in 2005, 2008, and 2009. At the April 24, 2018 Council meeting, there were several suggested
amendments to the Town's Fee Schedule,one being to add a licensing fee of$5.00 per dog and cat. This triggered
him to analyze the data because this fee had already been established. On September 3, 2013,former Police Chief
Scott Kniffen proposed to go back to the annual registration fee of$5.00 through Ordinance No. 2013-25, but it
was ultimately denied for various reasons. On November 18, 2013, Ordinance No. 2013-42 was presented for
consideration that included repealing the$5.00 registration fee. This ordinance was referred to the Animal Shelter
Advisory Board but prior Staff inadvertently processed the ordinance as approved and was codified into the Town's
Code of Ordinances. This served as an example that the Council was trying to build a great management team and
also helped explain the changes in staffing. The current Council desired to help and support Staff and reward
those who exceed. He commented that the proposed Ordinance No. 2018-12 assisted with cleaning up Chapter 2,
Animal Control,because there was no need for household pets to be registered since identification tags and rabies
vaccination tags were required. Additionally, he remarked that microchip technology assists with reuniting lost
pets with their owners and noted that each year there was a decline in the number of registered pets.
Council Member Fleury believed that registration was important because not all pets were microchipped and
scanners were expensive. She commented that residents may not have been registering their pets because they
were uninformed that this was a requirement.
Council Member Jensen did not see the need to require residents to register their pets especially when the data
exhibited a low number of registrations.
Mayor Sanders inquired what the procedure would be to properly address Ordinance No.2013-42 since it had not
officially passed. Town Attorney Dodd responded that Staff would verify the items and have the Town's codifier
reflect the necessary changes.
Town Council Minutes June 12,2018 Page 9 of 16
Council Member Rowe asked what the total number of valid registration was that was on file. Police Chief Arata
responded that he believed there were approximately 1,850 registered pets, but that included numbers since
2001,with an average of about 100 pets per year.
Council Member Rowe pointed out that the Town had around 4,400 homes. According to the American Veterinary
Medical Association, in 2012 households had an average of 1.6 dogs, which would equate to approximately 7,040
dogs in the Town of Trophy Club.
Council Member Fleury commented that registration may make it easier for recovery and less resources to reunite
lost pets to their owners.
Motion:
Motion made by Mayor Sanders, seconded by Council Member Jensen, to approve Ordinance No. 2018-12,
amending Chapter 2, Animal Control, within the Town's Code of Ordinances such that registration of household
pets no longer be required; providing an effective date of June 12, 2018; and removing Subsection (c), Failure to
obtain license tag,within Section 2.01.019, Licenses and Tags,of the proposed ordinance.
Mayor Pro Tem Shoffner pointed out that State law prohibited the release of information listed on the registration
form due to confidentially; therefore the Police Department could not provide the information to a resident who
found a lost pet.
Council Member Fleury believed that the registration would help make it one step easier for an officer to return
the animal if it were not microchipped.
Mayor Pro Tem Shoffner commented that most likely if an animal was not microchipped than most likely the
animal would not be registered.
Council Member Fleury reiterated that if animals were not registered it could be due to lack of awareness.
Police Chief Arata remarked that the Police Department would do their due diligence to return animals but the
majority of them were not registered. They worked with Susan Edstrom, Chairperson of the Animal Shelter
Advisory Board,to help ensure their return.
The vote was taken.
Motion carried 6-1-0 with Mayor Sanders,Mayor Pro Tem Shoffner,Council Members Jensen,Rowe,Kurtz,and
Lamont voting for,and with Council Member Fleury voting against.
13. Receive an update and provide direction to Town Staff regarding the upcoming July 4th Celebration;
discussion of same(T.Class).
Town Manager Class provided a presentation regarding the July 4th Celebration specific to the following: Flag
Planting; Patriot 5k and Fun Run; Parade of Patriots; and Celebration and Fireworks. He advised that the fireworks
show began as a Town tradition in 2008, and in 2013 the Town began partnering with the Northwest Independent
School District(NISD) to use the Byron Nelson High School (BNHS) property as a launch site. This allowed for the
launch of up to six inch shells at a height of 600 feet and stay within International Fire Code limits for debris fallout
over natural turf. In 2017, NISD transitioned to artificial turf fields at BNHS, requiring Staff to seek an alternative
launch location for 2018. After conducting an extensive search for an alternative launch site,Staff concluded that
the best available option was adjacent to the traditional event venue,Veterans Park parking lot at Independence
Park West. The change of the launch site impacted several issues associated with the celebration and fireworks
show. First, to ensure compliance with the International Fire Code, the pyrotechnic company had to limit from a
420 feet to 210 feet diameter debris fallout cone. This required a reduction in the size of the projectiles from six
inch to three inch, which also reduces the overall height of the display from 600 feet to 300 feet. Staff has taken
steps with the pyrotechnic company to enhance the show by using additional ground effects,which would provide
a similar experience as in the past for those viewing the event from Independence Park East. Second, to
accommodate the change in launch site, parking from last year's event has been altered slightly. NISD has
Town Council Minutes June 12,2018 Page 10 of 16
graciously offered the use of the BNHS parking lot this year, where residents and guests can be shuttled over to
Independence Park East. Additional parking would be available at the following locations: Latter Day Saints
parking lot at the corner of Bobcat Blvd and Trophy Club Drive; Medlin Middle School; Independence Park East;
Community Pool; and Beck Elementary. In an effort to ensure the best viewing experience for residents, a
demonstration was conducted from the new launch site using the smaller projectiles with enhanced ground
effects. The purpose of the test launch was to obtain a visual from venue site, and visuals from remote sites
historically used by residents to view the show. The demonstration was viewed from the Trophy Club Country
Club, Church at Trophy Lakes, The Lakes park adjacent Durango Drive, and Independence Park East adjacent the
corner of Bobcat and Parkview. As a result of the test launch,it was determined residents and guests at the venue
site will enjoy a similar experience as in the past; however, those viewing the show from remote locations would
be impacted. The display would be lower in the sky, and more impacted by tree lines and buildings than in the
past. Based on the test launch,Staff recommends residents and guests join the celebration at Independence Park
East,to enjoy the best vantage point possible. In an effort to accommodate an expected larger crowd,Staff would
open up Independence Park West, Field 3 for the first time, to be used along with the traditional Independence
Park East location and the Community Pool viewing areas. Staffs goal would be to keep everyone informed,
facilitate the viewing experience, and manage expectations. The Communications team has put together an
aggressive communications plan which includes: an updated Town 4th of July webpage; an update Parks and
Recreation Department webpage; and the addition of a 4th July link to the Town's main page including a banner
scroll. Staff would update the website with specialized event maps highlighting parking and best viewing locations,
coordinate closely with the City of Roanoke and nearby residents,Trophy Club Country Club, the Lakes HOA, and
The Church at Trophy Lake representatives.
Mayor Pro Tern Shoffner highly recommended that the mentioned changes be communicated efficiently to the
residents because the precedence had been set where residents went to view the show. In prior years, the
Country Club realized a large turnout because viewing of the fireworks display was optimal at that location. He
was at the Country Club when the demonstration took place and he was only able to view a few fireworks
occasionally. He suggested that Staff reevaluate this item since the Town was becoming landlocked and this was a
significant event that was now being reduced to half the fireworks display that it used to be.
Town Manager Class ensured that Staff had been working carefully on this item since October 2017 to
accommodate the 420 feet diameter debris fallout cone but were unable to accommodate that requirement.
Other options were examined such as the use of fire retardant tarps to be placed over the BNHS fields, but proved
to be costly at approximately$90,000, and foaming the fields could potentially destroy the artificial turf because
the rubber pellets would be washed off the fields when cleaned. Additionally,the pyrotechnic company agreed to
keep the fireworks site at BNHS if the Town took full responsibility for any damages incurred to the fields,which
would have been a large financial risk for the Town.
Council Member Kurtz thanked Staff for the amount of work that went into locating an alternate site. He
suggested adding more amenities or attractions because long lines were an issue in prior years. Director of Parks
and Recreation Jaramillo responded that more activities had been added to this year's event.
Discussion took place regarding the damage that occurred to BNHS fields from the 2017 fireworks display, which
equated to a high monetary value.
No action was taken on this item.
14. Consider and take appropriate action regarding Supplemental Budget Items for Fiscal Year 2019 (A.
Karkauskas).
Director of Finance Karkauskas presented the Supplemental Budget Items for Fiscal Year 2019,which included the
following:
• Organizational onsite training for Administrative Services in the amount of$2,500;
• Pre-lit Christmas tree for Community Events in the amount of$25,000;
• Exhaust reclamation system for the Fire Department in the amount of$75,000;
• Extrication tools for the Fire Department in the amount of$17,500;
Town Council Minutes June 12,2018 Page 11 of 16
• OpenGov for Information Services in the amount of$20,000;and
• Shift differential for the Police Department in the amount of$9,000.
Mayor Pro Tern Shoffner commented that he recommended purchasing a pre-lit Christmas tree for the
Roundabout at Trophy Club Drive and then move the tree that had been used at the Roundabout to Independence
Park.
Council Member Rowe inquired if the Fire Department items were replacing existing equipment and if they were
programmed into the Capital Replacement Program. Director of Finance Karkauskas responded that since the
Trophy Club Municipal Utility District (TCMUD) No. 1 reimbursed the Town for those expenditures, the Town
would expense those items and the TCMUD No. 1 would report those items as assets. The general rule for items
to be included in the Capital Replacement Program would be if the item had up to a 10 year useful life.
Fire Chief Carroll added that the exhaust reclamation system would be a new addition to their building and the
extrication tools were not currently in Capital Replacement Program.
Director of Finance Karkauskas discussed the Parkland Dedication Fund that included:
• Replace pool pump shade structure in the amount of$9,500;
• Repaint/resurface splash pad in the amount of$50,000;
• Blue light emergency call boxes in the amount of$36,000;
• Musco lighting installation at Harmony Park in the amount of$190,000;and
• Harmony Park large playground replacement in the amount of$100,000.
Council Member Jensen wanted to have a future discussion regarding the Parkland Dedication Fund because
several of the items mentioned should be placed in the Capital Replacement Program. Additionally, he inquired in
the grant had been applied for regarding expanding and improving lighting at Harmony Park, specific to Musco
lighting. Director of Parks and Recreation Jaramillo responded that the grant had not been applied for yet.
Council Member Jensen leaned more to having items similar to the large playground replacement at Harmony Park
to be budgeted in the Parkland Dedication Fund.
Council Member Lamont remarked that the Finance Subcommittee did not recommend $190,000 for Musco
lighting but they did want to see a lighting plan and that he only agreed to have a blue light emergency call box at
the Amenity Ponds.
Director of Finance Karkauskas commented that she was presenting to Council the same presentation she
presented to the Finance Subcommittee, but she did note that the subcommittee did not believe that the Musco
lighting or playground replacement were critical items at this time and to possibly place those items in out years.
Council Member Rowe agreed with Council Member Jensen's comment on how to utilize the Parkland Dedication
Fund. He also agreed with Council Member Lamont regarding the blue light emergency call boxes due to cell
phone technology. Additionally, he was in favor of having further discussion regarding the lighting at Harmony
Park.
Mayor Pro Tem Shoffner remarked that the large playground replacement may be better suited in the Capital
Replacement Program even if it exceeded the 10 year useful life criteria. He agreed with Council Member
Lamont's comments regarding the blue light emergency call boxes because children often went to the dock area
and they may not have a cell phone if an emergency occurred. He was in favor of having the Police and Fire Chiefs
present a list of where blue light emergency call boxes could be beneficial. Furthermore, he believed that the
grant for lighting at Harmony Park should be pursued but there was a pending request from the Mayor to review a
lighting engineers study.
Director of Parks and Recreation Jaramillo advised that the full amount of funds, $190,000, should be budgeted
prior to applying for the grant. The Town's overall obligation was $70,000 and Greater Northwest Soccer
Association agreed to commit$70,000,to be made in payments,and,if awarded,the grant would cover$50,000.
Town Council Minutes June 12,2018 Page 12 of 16
Mayor Sanders commented that Staff needed to address when the deadline was to apply for the grant so that
determination could be made to either budget the funds in the current or next fiscal year.
Council Member Jensen recommended that Staff work with the Parks and Recreation Board regarding playground
replacement and that Staff seek further accessible playground features at Town parks.
Director of Finance Karkauskas continued her presentation with the Crime Control and Prevention District Fund
specific for a Command Vehicle(Captain Patrol)in the amount of$42,000.
Mayor Pro Tem Shoffner requested that Staff research the item that was listed in the Fiscal Year 2016-2017 Budget
for playground replacement at Harmony Park along with the canvas portion of the shade structure in the amount
of$275,000 that was forecasted to be done in Fiscal Year 2020.
Director of Finance Karkauskas went over the Storm Drainage Utility Fund regarding the MS4 Five-Year Plan in the
amount of$30,000 and noted that this would recur every five years.
Mayor Pro Tem Shoffner was in favor of having Freese and Nichols update their Storm Water Master Plan to reflect
the improvements at Fresh Meadow Drive, Skyline Drive, and Indian Creek Drive. He would also like for them to
review the three culverts verses four culverts at the Creekmere Drive bridge, as well as the impact of the
development occurring in the Town of Westlake.
Director of Finance Karkauskas introduced Adam Schnoll, Account Executive with OpenGov, and stated that she
believed that their budgeting software would improve the Finance Departments service delivery by automating
functions, simplifying the budget process, reduce redundancies, customize reporting, and would eliminate
MBudget. If approved,Staff would anticipate a six month period to implement the software.
Mr.Schnoll provided a brief synopsis of the benefits that OpenGov offered:
• Cloud based software(automatic updates/maintenance and devoted Customer Success Team);
• Budgeting(automation)and personnel forecasting;
• Reduce redundancy and error opportunities by limiting manual efforts(working in 1 product instead of 3);
and
• Transparency(TX Stars)and integration with Incode which means high level of detail.
Mayor Sanders inquired if the different integration pieces, such as IT Service Management, Permitting, Records
Management, etc., were included with the quoted price, since the current piece was just for the Finance
Department. Mr.Schnoll responded that each system would need to be evaluated for direct integration but those
pieces were included with the quote.
Director of Finance Karkauskas commented that there was an implementation cost of $17,000 that would be
funded in this year's budget from cost savings. OpenGov would be a net increase of $20,000 to the line item
currently funded for MBudget,which was currently an annual cost of$7,500.
Council Member Jensen asked how often they had software revisions. Mr. Schnoll responded that they did not
have software versions but their updates occurred monthly on a continuous deployment.
Council Member Rowe inquired how many silos of import did Staff intend to deploy for the first phase. Budget
Manager Zagurski responded they would deploy the financial silo that would include integrating Incode and
Mbudget software.
Council Member Rowe asked what their pricing scale was based on. Mr.Schnoll responded that pricing was based
on the total Operating Budget,as well as which products would be purchased.
Council Member Rowe inquired if the quote included all the pieces they offered. Mr.Schnoll responded that two
capabilities out of eight were not included.
Town Council Minutes June 12,2018 Page 13 of 16
Council Member Rowe asked what the plan was for the cadence and what the method would be to continuously
import the data from Incode to OpenGov. Mr. Schnoll responded that Staff would decide when they wanted to
upload the data, which could occur nightly, and that there was no custom develop for the format of the data
quality when integration occurred.
Director of Finance Karkauskas preferred to upload the data on a monthly basis.
Council Member Rowe wanted to ensure that the information was validated and that there was quality of
transformation once the data was integrated. Mr. Schnoll responded that the numbers would be directly from
Incode and the deployment would not proceed until Staff approved the information.
Mr.Schnoll gave a brief demonstration on the capabilities that OpenGov offered.
Discussion took place regarding the amount of importing and exporting of data that Staff currently had to perform
which left room for errors to be made, the process for presenting monthly financials, and the possibility to have
the data available sooner than a month out.
No action was taken on this item.
15. Discussion of and provide direction to Town Staff regarding potential items to place on the Joint Session
agenda between the Trophy Club Town Council and the Trophy Club Municipal Utility District No.1 Board of
Directors(T.Class).
Town Manager Class requested for Council's direction on any items they wished to have placed on the Joint
Session agenda and he advised that the meeting would be held on July 24,2018.
Council Member Rowe suggested that the Annex Building be placed on the Joint Session agenda and possibly the
coordination of joint Capital Improvement Projects.
Council Member Lamont recommended that the Maintenance Building be placed on the Joint Session agenda.
16. Discussion of items for Future Agendas to include agenda items for consideration on the June 26, 2018
Council agenda and items from the Town Council Future Agenda Items list(H.Fimbres).
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
Council Member Jensen requested to add the following item to the Town Council Future Agenda Items list:
Discussion of and take appropriate action regarding the Parkland Dedication Fund.
Mayor Pro Tem Shoffner requested to add the following item to the Town Council Future Agenda Items list:
Discussion of and take appropriate action regarding updating the Town's Storm Water Master Plan.
Mayor Sanders requested to add the following item to the June 26, 2018 Council agenda: Discussion of and
provide direction regarding applying for a grant for lighting improvement at Harmony Park and funding sources.
Mayor Sanders announced that he would not be present at the June 26,2018 Council meeting and that Mayor Pro
Tern Shoffner would preside the meeting.
Town Council Minutes June 12,2018 Page 14 of 16
EXECUTIVE SESSION
17. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act),the Council will convene into executive session to discuss the following:
A) Section 551.071 Consultation with Attorney under Subsection(2)to consult 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,
specifically:
1) Breach of Contract Issues,Procedures,and Claims(D.Dodd)
2) Public Information Laws(D. Dodd)
B) Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase,exchange,
lease,or value of real property if deliberation in an open meeting would have a detrimental effect on
the position of the governmental body in negotiations with a third person:
North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tem
Shoffner and Council Member Kurtz)
C) Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment,
evaluation and duties of a public officer or employee:
1) Parks and Recreation Board(Mayor Pro Tem Shoffner and Council Member Rowe)
2) Council Finance Subcommittee(H.Fimbres)
3) Town Council Appointments Committee(H.Fimbres)
CONVENED INTO EXECUTIVE SESSION-START TIME—10:55 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—11:28 P.M.
RECONVENED INTO REGULAR SESSION
18. Consider and take appropriate action repealing Resolution 2017-33 and adopting a new Resolution,
appointing a Council Liaison on the Parks and Recreation Board; reaffirming existing appointments and
Chairperson;and providing an effective date(Mayor Pro Tem Shoffner and Council Member Rowe).
Motion:
Motion made by Council Member Rowe, seconded by Council Member Jensen, to repeal Resolution No. 2017-33
and approve Resolution No. 2018-09, appointing Alicia Fleury to serve as the Council Liaison on the Parks and
Recreation Board; reaffirming existing appointments and Chairperson; and providing an effective date of June 12,
2018.
Motion passed unanimously 7-0-0.
19. Consider and take appropriate action regarding appointing three (3) Council Members to a Council
Subcommittee formed for the purpose of providing fiduciary oversight of the budget, as well as providing
input regarding the administration of the budget and the budget process(H.Fimbres).
Motion:
Motion made by Mayor Pro Tern Shoffner,seconded by Council Member Kurtz,to appoint Mayor Sanders,Council
Member Jensen, and Council Member Rowe to serve on the Council Finance Subcommittee formed for the
purpose of providing fiduciary oversight of the budget, as well as providing input regarding the administration of
the budget and the budget process.
Motion passed unanimously 7-0-0.
Town Council Minutes June 12,2018 Page 15 of 16
20. Consider and take appropriate action regarding making appointments to the Town Council Appointments
Committee(H.Fimbres).
Motion:
Motion made by Mayor Pro Tern Shoffner,seconded by Council Member Rowe,to appoint Mayor Sanders,Council
Member Jensen,and Council Member Kurtz to serve as the Town Council Appointments Committee.
Motion passed unanimously 7-0-0.
21. Consider and take appropriate action regarding the Executive Session(H.Fimbres).
No action was taken on this item.
ADJOURN
Mayor Sanders adjourned the meeting at 11:31 p.m.
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Town Council Minutes June 12,2018 Page 16 of 16