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Minutes TC 10/09/2018 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY,OCTOBER 9,2018,7:00 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 Regular Session on Tuesday, October 9, 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 STAFF PRESENT: Tom Class Town Manager Tony Jaramillo Director of Parks and Recreation David Dodd Town Attorney Jill Lind Communications&Marketing Manager Holly Fimbres Town Secretary/RMO Mike Pastor Information Services Manager Wade Carroll Fire Chief Barry Sullivan Police Officer Shane Beck Fire Captain Matthew Tackett Firefighter/EMT Ray Fitzgerald Firefighter/EMT Tommy Uzee Director of Community Development Drew Franklin Firefighter/EMT John Zagurski Finance Manager Dusten Hards Driver/Engineer Steve Zieverink Information Services Specialist Mayor Sanders announced the date of Tuesday, October 9, 2018,called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Pastor Joel Quile with Bara Church. The Pledges to the American Flag and Texas Flag were led by Council Member Jensen. 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. Brad Millican, 2903 Taronga Cove, came before the Council to raise awareness of a desire of some Town residents to increase the playing divisions within the Trophy Club Roanoke (TCR) Youth Baseball Association, since their players could not continue playing recreational baseball over the age of 14 years old. If players did not make the Byron Nelson High School baseball team, they could either play select baseball (non-TCR teams) or quit playing. On average, only about 15 freshmen players would make the Byron Nelson High School baseball team out of approximately 50 players. There are about eight practice slots at Independence Park West Field No. 4 and there was potential to seek additional practice slots from the City of Roanoke. Joe Decapite, 2409 Mona Vale Road,a previous coach for 10U, 12U,and 14U,confirmed that there would be other cities that would compete with the proposed new TCR playing divisions. The competition would consist of Southlake, Grapevine, Colleyville, Flower Mound, and Highland Village. A poll was taken from Spring 2018 14U recreation teams, and nearly 20 players confirmed that they wanted to keep playing. The poll did not include select players and players that would now be 16U or older. There were enough practice slots between Independence Park West Field No. 4 and City of Roanoke fields, and there was plenty of interest to create these additional teams. In conclusion,they wanted their kids to spend less time with electronics, interact with other kids in person,get exercise, and learn life lessons that could only be taught through team sports. ANNOUNCEMENTS AND REPORTS 1. Receive Town Manager Class' update and provide input regarding the following(T.Class): • Community Night—Scheduled for October 13th from 6:00 p.m.to 10:00 p.m. at Harmony Park and would feature activities for children and an evening movie in the park. • Early Voting — Would begin October 22nd and run through November 2nd with times and locations posted on the Town's website. The closest early voting site for Denton County residents would be at the Roanoke Public Library and the closest early voting site for Tarrant County residents would be at Southlake Town Hall. • Citizen's Fire Academy Graduation — On October 4th, nine individuals graduated from the Citizen's Fire Academy. Participants received training in use of fire extinguishers, airway management, intravenous injections on manikins, and participated in extrication exercises and fire operation drills. • Loop Road—The Town Attorney sent a formal letter of request to the Army Corp of Engineers seeking a review of the 2014 Loop Road denial based upon research performed on the current state of the Town's population and development, which in the Town's opinion necessitated for an additional entry and exit option that would allow for a public safety aspect for emergency access considerations. Additional easements were identified to and from the Wastewater Treatment facility that already crossed the Environmentally Sensitive Areas. Town Staff met with Congressman Burgess' Staff, regarding the 2014 Loop Road denial, and provided responsive documents. Congressman Burgess' office agreed to forward the letter requesting a review to the Corp of Engineers and initiate a Congressional Inquiry on the Town's behalf. 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. 2. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated September 25,2018(H. Fimbres). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 3. Consider and take appropriate action regarding the financial and variance report dated August 2018 (J. Phillips). 4. Consider and take appropriate action regarding repealing Resolution No. 2017-37 and adopting a new Resolution amending the Investment Policy for the Town of Trophy Club;and providing an effective date (J. Phillips). 5. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October 2018 as Breast Cancer Awareness Month in Trophy Club;and providing an effective date(Mayor Sanders). 6. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October 2018 as National Domestic Violence Awareness Month in Trophy Club; and providing an effective date (Mayor Sanders). 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 the Consent Agenda Items No.2 through 5. Motion passed unanimously 7-0-0. Town Council Minutes October 9, 2018 Page 2 of 8 REGULAR SESSION 6. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October 2018 as National Domestic Violence Awareness Month in Trophy Club; and providing an effective date (Mayor Sanders). Mayor Pro Tern Shoffner read the proclamation into the record. Motion: Motion made by Mayor Pro Tem Shoffner, seconded by Council Member Fleury, to approve Proclamation No. 2018-15,recognizing October 2018 as National Domestic Violence Awareness Month in Trophy Club;and providing an effective date of October 9,2018. Kim Shields, Development Coordinator with Denton County Friends of the Family(DCFOF),thanked the Council for supporting their cause. She advised that DCFOF provided compassionate, comprehensive services to those who have been impacted by rape, sexual abuse, and domestic violence, while partnering with the community to promote safety, hope, healing, prevention, and justice. They have been in operation since 1980 and were the sole provider for full services for domestic violence and sexual assault. DCFOF served as the official Grief Crisis Center of Denton County. She advised that their Emergency Shelter housed 35 women and children at a time and they were typically at full capacity. In August 2018, DCFOF served 569 adults, 448 children, 25 adults and 20 children stayed in their Emergency Shelter, they answered 239 crisis line calls, and out of those numbers, 243 walked through their doors for the first time. She explained that community education, public intervention, and public education would help decrease these numbers. The vote was taken. Motion passed unanimously 7-0-0. Mayor Sanders presented Ms.Shields with the proclamation. 7. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October 2018 as Bullying Prevention Awareness Month in Trophy Club; and providing an effective date (Mayor Sanders and Council Member Fleury). Council Member Fleury read the proclamation into the record. Motion: Motion made by Council Member Fleury, seconded by Council Member Rowe, to approve Proclamation No. 2018- 13, recognizing October 2018 as Bullying Prevention Awareness Month in Trophy Club; and providing an effective date of October 9,2018. Motion passed unanimously 7-0-0. 8. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing October 7-13,2018 as Fire Prevention Week in Trophy Club;and providing an effective date(W.Carroll). Mayor Pro Tern Shoffner read the proclamation into the record. Motion: Motion made by Mayor Pro Tem Shoffner, seconded by Council Member Jensen, to approve Proclamation No. 2018-16, recognizing October 7-13, 2018 as Fire Prevention Week in Trophy Club; and providing an effective date of October 9, 2018. Motion passed unanimously 7-0-0. Mayor Sanders thanked the Fire Department for their dedication and service to the Town and presented Fire Chief Carroll, Fire Captain Beck, Firefighter/EMT Fitzgerald, Firefighter/EMT Franklin, Driver/Engineer Hards, and Firefighter/EMT Tackett with the proclamation. Town Council Minutes October 9,2018 Page 3 of 8 9. Receive an update from the Greater Northwest Soccer Association regarding their current season (T. Jaramillo). Director of Parks and Recreation Jaramillo introduced the item and advised that Staff would meet with the Organized Sports Council Subcommittee at a later date to discuss any specific recommendations made by the Council. Matt Tibbitts, President of the Greater Northwest Soccer Association (GNWSA), provided a brief overview of their Fall 2018 season. GNWSA had 975 youth players, of which 40 percent resided in Trophy Club, 29 percent lived in Roanoke, 11 percent lived in Justin, and approximately 20 percent resided in Northlake, Dish, Bartonville, and Rhome. GNWSA had 99 youth teams that ranged from U4 up to U19 for boys, and 31 of their players played at Byron Nelson High School. Their gender breakout was 58 percent males and 42 percent females. He personally recognized Jason Hoffman, U9/U10 Commissioner, and Margaret Anderson, Registrar, who were in attendance. He advised that Justin, Harmony Park, and Roanoke served as their primary game fields and Harmony Park served as their primary practice fields. Their future plans included purchasing four to five Live Oak trees to help protect the new homes in that area from noise and light pollution, as well as soccer balls. He thanked Parks and Recreation Staff for their assistance pursuing Musco lighting at Harmony Park. Lastly, they were considering improving the concession area that the Boy Scouts would potentially help with. Mayor Pro Tem Shoffner thanked GNWSA for their service because their association has made a huge impact on his children's lives. No action was taken on this item. 10. Receive an update from the Trophy Club Roanoke Youth Baseball Association regarding their current season (T.Jaramillo). Director of Parks and Recreation Jaramillo introduced the item. Brandon Hennig, President of the TCR Youth Baseball Association, advised that they had approximately 495 recreation players currently registered for their Fall 2018 season, of which 208 lived in Trophy Club, 75 resided in Roanoke, and the remaining players lived in the surrounding area. He thanked Director of Parks and Recreation Jaramillo for his assistance working with their association, especially with the heavy impact that the rain has had on their season. Additionally, he remarked that their new Executive Board was announced on September 1st and they would be working with Mr. Millican and Mr. Decapite regarding their request, during Citizen Presentations,to increase the playing divisions within the TCR Youth Baseball Association. No action was taken on this item. 11. Receive an update from the Bobcat Youth Football Organization regarding their current season (T. Jaramillo). Director of Parks and Recreation Jaramillo introduced the item. Daryl Fowler, President of the Bobcat Youth Football Organization and Cheer, advised that they had over 300 players involved from kindergarten through sixth grade. Their organization was aligned with Byron Nelson High School and their players would eventually go to that high school. About 70 percent of their players lived in Trophy Club. They played in a league with Argyle, Lantana, Coppell, Colleyville, Grapevine, and Southlake. Games were held on Saturdays at the high school on their sub-varsity fields. Practices were held Monday through Thursday at Independence Park. They only offered a Fall league and their goal was to be involved in the community by working with the high school and participate in Town events. Council Member Rowe inquired if they had any additional practice locations other than at Independence Park. Mr. Fowler responded that they could practice on the turf fields,with no lights,at the high school when it rained. Town Council Minutes October 9,2018 Page 4 of 8 Council Member Rowe encouraged them to approach the Town for assistance as their organization matured. Mayor Pro Tern Shoffner expressed the Council's gratefulness to all the sport associations and their board members for volunteering their time and talents because their efforts made a difference for their players and the corn mu n ity. Council Member Fleury thanked all the volunteers involved for helping make recreational sports available for the children. No action was taken on this item. 12. Consider and take appropriate action regarding Town maintained property with acquisition potential for adjacent property owners(Mayor Sanders and Council Member Lamont). Town Manager Class advised that at the April 24, 2018 Council meeting, Staff was directed to reach out to The Woods residents (who were adjacent to Trophy Club Drive) and the residents along Indian Creek Drive behind Cypress Court (from the edge of 2 Lake Forest Drive to the Hogan's Glen property) to seek to acquire property adjacent to the roads in exchange for continued maintenance of said properties or to set the timeline for the property owners to take over the maintenance responsibility. Following the meeting, letters were sent and a meeting was held with the impacted property owners to determine their interest in either transferring the portion of property to the Town in exchange for continued maintenance, or returning this responsibility to the individual property owners on a future date. As of October 4, 2018, Staff had not received any affirmative responses from the property owners indicating a desire to transfer property and therefore, absent additional Council direction, property owners would be notified by letter that the Town would discontinue maintenance on the portion of properties as described. Additionally, he provided the cost breakdown reflecting the last two years of Town expenses regarding maintenance of the properties. Council Member Jensen remarked that the Council's intention was to discontinue maintenance on private properties, but he was inclined to continue maintenance in this case based on the location on the properties being on major Town thoroughfares. Motion: Motion made by Council Member Jensen, seconded by Council Member Lamont, to cease attempting to acquire the mentioned properties and direct the Parks and Recreation Staff to continue mowing and maintaining as they have in the past. Council Member Rowe remarked that he previously wanted to ensure that ownership and maintenance matched. He pointed out that this topic began in 2015 when the Parks and Recreation Department provided information on properties that had various ownerships that were being maintained by the Town. Previous Staff had informed the Council that the entire portion between the brick wall and curb was owned by the homeowners. Recently, comparisons of plats and surveys were reviewed and it was discovered that the majority of the area was actually Town right-of-way. With this new information, and since there was no access for the homeowners, he supported the motion on the floor. He suggested that Staff internally vet any legal standpoints in the case of any adverse events occurring on the few feet of area that was private property. Mayor Pro Tern Shoffner advised that this matter started on March 10,2015,when the Council was presented with an RFP for outsourcing the maintenance of the medians and all other property maintained by the Town. Previous Staff had presented a display that represented that both subject property areas were owned by the adjacent land owners. After due diligence comparing plats and surveys, it was narrowed down that there was right-of-way on The Woods and Indian Creek Drive properties;therefore he supported the motion on the floor. Mayor Sanders inquired about the irrigation control box that was currently on private property behind the wall. Town Manager Class responded that the box would be moved to the other side of the wall. Town Council Minutes October 9,2018 Page 5 of 8 Mayor Sanders asked the affected resident if that arrangement would be satisfactory for them. Alan Strickland,7 Michelle Court,stated that was satisfactory and that he would accommodate in any way that he could. Council Member Lamont commented that the previous Town Manager Donna Welsh and President of the Community Improvement Association Jim Moss confirmed to him that there was some type of agreement in the late 1990's;therefore he supported the motion on the floor. The vote was taken. Motion passed unanimously 7-0-0. 13. Discussion of items for Future Agendas to include agenda items for consideration on the October 23,2018 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. A) Item No. 8 from the Future Agenda Items list: Discussion of and take appropriate action regarding the Trophy Club Park Master Plan. (Shoffner 7/24/2018) (1-October 23,2018) Director of Parks and Recreation Jaramillo provided an update regarding the draft Trophy Club Park Master Plan. One of the main objectives was to provide recreational needs for the community as it continued to grow. Some of the activities would include fishing,volunteer opportunities, and nature trails. An added event for next year would be Park Cleanup Days that would tie into Keeping Trophy Club Beautiful. He highlighted some of the current projects,which included the use of VENTEK to track resident and non-resident entry into the Park. Phase 1 was funded in Fiscal Year 2018-2019 and a grant was awarded in November 2016 in the amount of $144,000 to be applied towards the following projects: • New elevated Moto X track with elevation design to help with rainouts; • Pipe rail fencing outlining the new elevated Moto X track; • Extension and leveling of pre-existing parking lots; • Construction of additional pavilions along the parking area. Pavilions would be reinforced to help withstand flooding;and • New park signage to represent the new additions within the Park. Phase 2 was funded in Fiscal Year 2019-2020 for the following projects: • Construction of new UTV Side by Side track; • Redesign Trails/Tracks 1 and 2;and • Apply for Road/Asphalt Grants. Mayor Sanders mentioned that the trail area along the lake and beach area was overgrown. Director of Parks and Recreation Jaramillo responded that Staff was waiting until everything went dormant before mowing. Mayor Pro Tem Shoffner inquired if the Town had received the mentioned grant in the amount of$144,000 and if it was an 80/20 grant. Director of Parks and Recreation Jaramillo responded that the Town would not receive the grant until an archeological survey had been completed and that it was an 80/20 grant. The 20 percent could be used towards manpower. He added that the concept plan had been presented to the Corp of Engineers and they did not desire to install a fishing dock because they wanted to keep the Park in its natural state. Mayor Pro Tem Shoffner asked if Staff spoke to the Corp of Engineers about allowing mountain bikes on trails and potentially moving horseback riding to another trail. Director of Parks and Recreation Jaramillo responded that the Corp did not support mountain bike trails. Town Council Minutes October 9,2018 Page 6 of 8 Mayor Pro Tern Shoffner questioned what the long term plan was for the Park and pavilion area. Director of Parks and Recreation Jaramillo responded that the Town partnered with Keep Trophy Club Wild to offer classes throughout the Summer. The pavilion area would be improved to promote for weddings and birthdays. Mayor Pro Tern Shoffner recommended relocating the guard shack to the main road so that visitors could use the pavilion area and trail without being charged. Director of Parks and Recreation Jaramillo responded that the Corp did give their blessings for the guard shack to be relocated and he was working on maintaining a quote. Mayor Pro Tern Shoffner requested that Staff provide a breakdown of residents and non-residents entering the Park with the new VENTEK system. He was in favor of having free Park entry for Town residents and discounted motocross rates for Town residents. Director of Parks and Recreation Jaramillo responded that he would be discussing entry fees at the next Parks and Recreation Board meeting. He preferred to wait a few months before making any changes to the fees in order to gather data from the VENTEK system. Council Member Jensen inquired why the Corp did not want to allow mountain bikes on trails. Director of Parks and Recreation Jaramillo responded that it was a safety issue. The Corp's priority was runners and it would be difficult for bikes going at a high speed to stop when it was wet or muddy. Discussion took place that Parks and Recreation Staff would be touring the equestrian trails with Marshall Creek Ranch for the potential to use some of the trails for other sources,and that information would be presented to the Corp. Council Member Jensen supported having free Park entry for Town residents and discounted motocross rates for Town residents. Council Member Rowe was in favor of finding a way to allow a section for mountain bikes and was glad to see that a Side by Side track was proposed. He was concerned about that the Adult Beginner Track for motocross being so close to Churchill Downs because of the noise. Director of Parks and Recreation Jaramillo commented that the Adult Beginner Track for motocross was already established but there could be potential to reduce the area. Mayor Pro Tern Shoffner advised that Trophy Club Park extended into Southlake to White Chapel Boulevard and Marshall Creek Ranch was located on TW King Road;therefore he believed that the eastern portion of Trophy Club Park should be geared towards horseback riding and the western portion should be for mountain biking,etc. Since parking was required off TW King Road for Marshall Creek Ranch, it may be of benefit to approach the Corp to let them know that parking for horseback riding would be directed to TW King Road. Council Member Fleury asked why the Corp was not in favor of installing the fishing dock. Director of Parks and Recreation Jaramillo responded that zebra mussels were discovered in Trophy Club Park,which could cause severe damage to a fishing dock and there was a risk that the dock could float away during any flooding. Council Member Kurtz inquired about installing a trail that went to the sandy area. Director of Parks and Recreation Jaramillo responded that Staff could create a trail when everything went dormant. Mayor Sanders preferred to have the Adult Beginner Track for motocross to be isolated instead for mountain biking. Director of Parks and Recreation Jaramillo responded that could be an option and then have the adult beginners with the regular motocross riders. Council Member Rowe suggested that Staff review identifying a subset of trails that could be accessible via the adjoining neighbor to the south,such as a bike trail. Mayor Pro Tem Shoffner recommended that Staff explore making the lake area extraterritorial jurisdiction to be Trophy Club's. Town Council Minutes October 9,2018 Page 7 of 8 Mayor Sanders requested to remove Item No. 12 from the Town Council Future Agenda Items list: Receive an update from the Trophy Club Roanoke Youth Baseball Association and the Greater Northwest Soccer Association. (Rowe 9/25/2018)(1-January 8, 2019) Town Manager Class mentioned that Staff was proposing to move forward with having an early workshop at 5:30 p.m.on the second Council meeting of the month that would potentially begin on October 23, 2018. Mayor Sanders commented that he had a scheduling conflict on October 23, 2018 because he planned to attend the Texas Department of Transportation public meeting that would begin at 6:00 p.m. regarding State Highway 114 front road, ramp, and intersection improvements from Davis Boulevard to Dove Road. Council Member Rowe remarked that it would be difficult for him to make any workshop session that started before 6:30 p.m. EXECUTIVE SESSION 14. 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 551.071 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: Breach of Contract Issues,Procedures,and Claims(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 Tern Shoffner and Council Member Kurtz) CONVENED INTO EXECUTIVE SESSION-START TIME—8:27 P.M. RECONVENED INTO REGULAR SESSION-START TIME—8:58 P.M. RECONVENED INTO REGULAR SESSION 15. 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 8:59 p.m. - Holly Fimbres own Secretary • ,1/4.,\• pyo C. Nick Sanders, Mayor Town of Trophy Club,Texas4/0.-- �< Town of Trophy Club,Texas O 02 91141RY1 ,19' Town Council Minutes October 9,2018 Page 8 of 8