Minutes TC 01/08/2019 TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY,JANUARY 8,2019,7:00 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,January 8, 2019.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:
Torn Class Town Manager Jill Lind Communications& Marketing Manager
David Dodd Town Attorney Mike Pastor Information Technology Manager
Eric Ransleben Presiding Municipal Court Judge Lisa Payne Town Planner
Christian Dennie Alternate Municipal Court Judge Jonathan Phillips Director of Administrative&Financial Services
Holly Fimbres Town Secretary/RMO Tommy Uzee Director of Community Development
Patrick Arata Police Chief Steve Woodard Police Captain
Gary Cochran Fire Marshal Steve Zieverink Information Technology Specialist
Tony Jaramillo Director of Parks and Recreation John Zagurski Finance Manager
Mayor Sanders announced the date of Tuesday,January 8, 2019, called the Town Council to order and announced
a quorum at 7:00 p.m.
The Invocation was offered by Senior Pastor Barry Clingan with The Church at Trophy Lakes.
The Pledges to the American Flag and Texas Flag were led by Council Member Fleury.
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.
Karl Monger, 192 Durango Drive,Trophy Club, invited the Council to attend a kickoff event for a Run Ranger Run
hosted by the Metroport Veterans Association to be held on February 2, 2019, at 10:00 a.m. He commented that
there were veterans in the Town that needed to know about the assistance that Metroport Veterans Association
offered. He briefly went over some of the transitions that veterans could experience, such as unemployment and
suicide,and he advised that the association could help offer alternatives.
Cara Mallory, employee at the Xplor Preschool in Trophy Club,spoke about the upcoming Fun Run 4 Kindness that
would be held at the end of February. They had a student pass away due to a congenital heart defect and they put
together a team called Jogging for Joseph and last year's Fun Run 4 Kindness helped raise funds for their cause.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class'update and provide input regarding the following(T.Class):
• May 4,2019 Election—January 16th would be the first day to be able to file an application for place on
the May 4th ballot for Council Member Place No. 5 and Council Member Place No. 6 on the Trophy Club
Town Council and filing would end on February 15th.
• Staffing — Bradley Fortune was hired as a Firefighter/Paramedic, Brad Teel was hired as a
Firefighter/Paramedic, John Boydston was hired as the Building Inspector, and Jennifer Summers was
hired as the Staff Accountant.
• Community Emergency Response Team — The Fire Department would be hosting training for a
Community Emergency Response Team to be held on January 18th, 19th, 25th, and 26th. Participants
would become familiar with potential hazards that may impact the community,training in fire safety,light
search and rescue,team organizations,and disaster medical operations.
• Citizen's Police Academy —The Police Department would be a hosting a Citizen's Police Academy that
would begin on January 24th,and would meet once a month on Thursdays through October 2019.
2. Administration of Oath of Office to the Town of Trophy Club Presiding and Alternate Municipal Court Judges
(T.Class).
Mayor Sanders introduced Presiding Municipal Court Judge Ransleben who has been an associate municipal judge
for the Town of Trophy Club and the Town of Westlake since 1999. Judge Ransleben has been on the teaching
faculty for the Texas Municipal Courts Education Center for many years, providing presentations to municipal
judges,clerks, prosecutors,and Justice's of the Peace on various legal issues pertaining to court. Judge Ransleben
maintains a private law practice in Trophy Club. His areas of practice include: special education,juvenile defense,
and criminal defense. Judge Ransleben has also been a long time Town resident.
Mayor Sanders introduced Alternate Municipal Court Judge Dennie. Judge Dennie received his B.B.A. from Sam
Houston State University,where he was the centerfielder on the baseball team,and his J.D.from the University of
Oklahoma College of Law. Judge Dennie is a partner at Barlow Garsek Simon, LLP with offices in Southlake,Texas
and Fort Worth,Texas where he serves as an attorney, arbitrator, and mediator. He is an adjunct professor of law
at Texas A&M School of Law and Southern Methodist University. He focuses his practice on commercial disputes
and resolving disputes. Judge Dennie has represented clients on both sides of the docket including,among others,
sports organizations and associations, institutions of higher learning, amateur and professional athletes, coaches,
conference offices,sport agents and agencies,employers, employees, Fortune 500 compliances,start-ups, publicly
traded companies, privately held companies, nonprofits, religious organizations, municipalities, property owners,
construction companies, developers, banks, homeowners associations, real estate agents and brokers, and
landlords and tenants. For his work, Judge Dennie has been recognized as a top attorney by Super Lawyers, Fort
Worth, Texas Magazine,360 West Magazine,and Corp.America. He is a Town resident and also a member of the
National Academy of Distinguished Neutrals and Fellow of the Charter Institute of Arbitrators.
Mayor Sanders administered the Oath of Office to Presiding Municipal Court Judge Ransleben and Alternate
Municipal Court Judge Dennie.
3. Receive a presentation of the Town's new website(T.Class).
Communications and Marketing Manager Lind advised that the Town's new website would go live January 9,2019.
The strategic link was Administrative & Financial Services — Provide strong internal and external marketing and
communications. The previous Town website launched in 1998 and had experienced approximately four updates
since then. This past June, Staff requested Council approval to move forward with a new Town website through
Civic Plus with the following goals: user friendly, make it mobile responsive, meet Americans with Disabilities Act
(ADA) regulations and accessibility compliance standards, and to ensure an intuitive searchable content
management system. She provided a presentation of the Town's new website and highlighted that there would be
a news flash section, a community calendar, and contact person for each department. Additionally, the Civic Plus
HR module would be implemented that would offer the same service level but at a lower cost.
Town Council Minutes January 8,2019 Page 2 of 13
4. Receive Town Council Liaison update;discussion of same(T.Class):
*Economic Development Corporation 4B,December 18,2018
Council Liaison-Council Member Rhylan Rowe
Council Member Rowe advised that he was unable to attend the meeting; therefore Mayor Pro Tern Shoffner
advised that the item that the Economic Development Corporation (EDC) 4B took action on was on the Consent
Agenda for Council's consideration.
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.
5. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated December
11,2018(T.Class). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
6. Consider and take appropriate action regarding the financial and variance report dated September 2018(T.
Class).
7. Consider and take appropriate action regarding the financial and variance report dated October 2018 (T.
Class).
8. Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Freese
and Nichols to provide stormwater engineering and compliance assistance for the Town's MS4 program and
stormwater management needs; and authorizing the Mayor or his designee to execute all necessary
documents(T.Class).
9. Consider and take appropriate action regarding a Requisition Request for procurement of a replacement
Police vehicle for the Town of Trophy Club; and authorizing the Mayor or his designee to execute all
necessary documents(T.Class).
10. Consider and take appropriate action regarding adopting a Parkland Dedication Fund Policy (Council
Member Jensen and Mayor Sanders).
11. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2017-16, authorizing
participation in various cooperative purchasing programs, and adopting a new resolution authorizing
participation in various cooperative purchasing programs in accordance with the Town's Procurement
Policies and Procedures; authorizing execution of any and all necessary agreements for participation in the
cooperative programs by the Mayor or his designee; approving related contracts and the payment of
related fees in accordance with the budget;and providing an effective date(T.Class).
12. Consider and take appropriate action regarding modifying the Amended Non-Exclusive Use Agreement
between the Town of Trophy Club and Greater Northwest Soccer Association; and authorizing the Mayor or
his designee to execute all necessary documents(T.Class).
13. Consider and take appropriate action regarding modifying the Amended Non-Exclusive Use Agreement
between the Town of Trophy Club and Trophy Club Roanoke Youth Baseball Association; and authorizing
the Mayor or his designee to execute all necessary documents(T.Class).
14. Consider and take appropriate action regarding amending the Non-Exclusive Use Agreement between the
Town of Trophy Club and Bobcat Youth Football Organization; and authorizing the Mayor or his designee to
execute all necessary documents(T.Class).
15. Consider and take appropriate action regarding a Proposal between the Town of Trophy Club and
Muckleroy&Falls for the engineering and design of the Trophy Club Parking Garage project;and authorizing
the Mayor or his designee to execute all necessary documents(T.Class).
Town Council Minutes January 8, 2019 Page 3 of 13
16. Consider and take appropriate action regarding the Interlocal Assistance Agreement between the Town of
Trophy Club and Tarrant County Fire and Arson Investigators Association for Fire, Arson, and Explosion
Investigations;and authorizing the Mayor or his designee to execute all necessary documents(T.Class).
Council Member Lamont requested to remove Item No. 15 from the Consent Agenda.
Mayor Sanders requested to remove Item No. 10 from the Consent Agenda.
Motion:
Motion made by Council Member Rowe, seconded by Council Member Jensen, to approve the Consent Agenda
Items 5 through 9, Items 11 through 14,and Item No. 16.
Motion carried unanimously 7-0-0.
Mayor Pro Tem Shoffner appreciated the detail from the Vehicle/Equipment Evaluation Summary Report that
Police Chief Arata had included with Item No. 9. Additionally, he commended Director of Administrative and
Financial Services Phillips and Finance Manager Zagurski for the continued detail they provided with the monthly
financial and variance reports.
REGULAR SESSION
10. Consider and take appropriate action regarding adopting a Parkland Dedication Fund Policy (Council
Member Jensen and Mayor Sanders).
Mayor Sanders mentioned that the Town partnered in the Lakeview Soccer project and he inquired if the following
proposed guideline, under ineligible projects,would prohibit similar future projects:Any capital project associated
with facilities operated through a public-private partnership to deliver Town recreational services. He felt that this
guideline was unclear and commented that the fields may need to be resurfaced in the future and this guideline
would prohibit Parkland Dedication Funds from being utilized.
Council Member Rowe's understanding was that if there was anything in the unforeseen future used to deliver
Town recreational services but was part of a public-private partnership then Parkland Dedication Funds would not
be used to maintain it. The expectation of an incentive to a private entity would be that it would be able to self-
sustain or self-fund itself and the Parkland Dedication Funds would not be used for maintaining it.
Director of Administrative and Financial Services Phillips commented that he did not interpret the word "private"
to be applied to the Lakeview Soccer project because it was Northwest Independent School District (NISD)
property. His intention for that particular guideline was if there was already an incentive or partnership with a
private for profit entity then there was an expectation that this limited funding source would not be utilized.
Mayor Sanders stated that the beginning of the guideline stated "any capital project"therefore it would not apply
to maintenance of a project. A capital project would be for a large replacement or improvement to a facility. The
term "public-private partnership" would apply to NISD because they were a public entity; therefore it would
appear that the soccer fields would not be an eligible project.
Motion:
Motion made by Council Member Jensen, seconded by Council Member Rowe, to adopt the Parkland Dedication
Fund Policy as presented.
Mayor Pro Tern Shoffner pointed out that the fourth ineligible project guideline(Any cost or work associated with
facilities or property not owned by the Town)negated the soccer field's scenario because they were not owned by
the Town.
Director of Administrative and Financial Services Phillips stated that the Parkland Dedication Funds were a limited
revenue source and would typically be used for Town owned property.
Town Council Minutes January 8,2019 Page 4 of 13
Mayor Pro Tem Shoffner remarked that Trophy Club Park was Town leased property but the funds could be utilized
for it if needed.
Council Member Rowe commented that this was a one-time funding source and that the eligible project guidelines
were geared to capital projects with the ability for some renovation and renewal projects.
Mayor Sanders mentioned that a future project was the repair and improvement of a linear trail system in the
Lakes area,which was not a capital project and was on Town owned property. His interpretation of the guidelines
would be that Parkland Dedication Funds would not be applied to that project.
The vote was taken.
Motion carried unanimously 7-0-0.
15. Consider and take appropriate action regarding a Proposal between the Town of Trophy Club and
Muckleroy&Falls for the engineering and design of the Trophy Club Parking Garage project;and authorizing
the Mayor or his designee to execute all necessary documents(T.Class).
Council Member Lamont inquired about the funding, location, and schedule for this project. Director of
Administrative and Financial Services Phillips responded that this item was for the Phase Ill development of PD-25
and the funding source was from the EDC 4B fund balance,which was a portion of the sales tax rate.
Main Motion:
Main Motion made by Council Member Jensen, seconded by Council Member Rowe, to approve the Design Cost
Proposal between the Town of Trophy Club and Muckleroy & Falls for the engineering and design of the Trophy
Club Parking Garage project;and authorize the Mayor or his designee to execute all necessary documents.
Council Member Fleury inquired what the $280,000 would be used towards. Director of Administrative and
Financial Services Phillips responded that this was for the design and engineering for the parking garage.
Council Member Fleury asked who would own the plans if the parking garage did not come to fruition. Director of
Administrative and Financial Services Phillips responded that the Town would own the plans.
Council Member Fleury inquired what the estimated cost for the parking garage was. Director of Administrative
and Financial Services Phillips responded that information would be identified as part of this proposal for a 538
space parking garage.
Council Member Fleury asked if the parking garage was in conjunction with the development to satisfy parking
requirements for the future development. Director of Administrative and Financial Services Phillips confirmed that
it was.
Council Member Fleury inquired what the breakeven point was for the parking garage. Director of Administrative
and Financial Services Phillips responded that had not been identified yet.
Council Member Lamont asked if Plaza Drive would have to be extended. Director of Administrative and Financial
Services Phillips confirmed that it would be.
Council Member Lamont stated that there was currently no infrastructure there and asked how it would be
funded. Director of Administrative and Financial Services Phillips responded that typically it would be tied to the
development agreement or the Town would build it.
Council Member Lamont inquired if the Bond Attorney commented that they both would have to start at the same
time. Director of Administrative and Financial Services Phillips responded that his understanding was that in order
to use the hotel occupancy tax funds, there would need to be a component such as a civic center or tourism type
use and occur simultaneously.
Town Council Minutes January 8,2019 Page 5 of 13
Mayor Sanders advised that the discussion needed to be brought back to the agenda item topic. For several years
there has been discussion on how to develop the area in front of Town Hall; therefore a plan and proposal was
needed.
Council Member Rowe clarified that the EDC 46 owned the land that was yet to be developed between Hampton
Inn and Homewood Suites. EDC 4B purchased the land some years ago in order to have the ability to provide
incentives with the development of the land. EDC 4B was charged with trying to maximize the revenue generating
benefit for the Town. In order to do that, one of the fundamental items that needed to be understood was what
type of uses and density could potentially be developed. Structure parking was a key to having any type of
development given the size of the land and uses around it. This agenda item was a prerequisite to understand the
cost in order to move forward.
Council Member Lamont stated that his concern was that there was no developer's agreement and that this may
not occur for another couple of years so he did not feel that this should be done at this time.
Council Member Jensen inquired why Council Member Lamont chose tonight to speak against this item when he
had not done so at prior Council meetings when dealing with this development.
Council Member Lamont commented that he had a right to change his mind. He stated that there was no
developer's agreement and he did not know if they could get financing.
Council Member Fleury stated that she had additional questions because she wanted to be more informed and
citizens had been asking her questions about it. Her concern was spending approximately $280,000 for
engineering and design on a parking garage that may or may not be built.
Council Member Rowe asked Council Member Lamont what he meant when he referenced"they" may not be able
to get funding. Council Member Lamont responded funding to build Phase III.
Council Member Rowe reiterated that no one knew what Phase III would be until there was understanding on
what type of development, uses,or density were possible given the constraints.
Council Member Jensen remarked that the Town had a lack of direction for years. EDC 4B purchased land and
made an incentive package that obtained Bread Winners and HG Sply. He stated that he wanted to make
improvements to the Town and he would continue to try to make improvements.
Council Member Lamont commented that the parking garage was tied to an unknown development and he did not
think it was necessary to jump the gun until something was concrete.
Taylor Hale,Vice President with Muckleroy&Falls,was available for any questions.
Previous Question:
Previous Question made by Mayor Sanders,seconded by Council Member Jensen,to end the debate.
Previous Question failed for lack of two-thirds vote 2-5-0, with Mayor Sanders and Council Member Lamont
voting in favor,and with Mayor Pro Tern Shoffner and Council Members Fleury,Jensen, Rowe,and Kurtz voting
against.
Council Member Kurtz explained that a tenant would not sign an agreement to construct their business without
confirmation that the appropriate parking would be established. The developer could not acquire a tenant
without knowing the amount of parking that would be provided.
Council Member Rowe pointed out that Council Member Lamont was present when the developer's agreements
were made to facilitate the Bread Winners and HG Sply development. He was present when HG Sply was proposed
as a concept and one of the items that had been discussed was that the 2 acre tract of land was not able to provide
adequate parking,which another tract of land was used to help facilitate the necessary parking.
Town Council Minutes January 8,2019 Page 6 of 13
The vote for the Main Motion was taken,to approve the Design Cost Proposal between the Town of Trophy Club
and Muckleroy& Falls for the engineering and design of the Trophy Club Parking Garage project; and authorize the
Mayor or his designee to execute all necessary documents.
Motion carried 5-2-0 with Mayor Sanders, Mayor Pro Tern Shoffner, and Council Members Jensen, Rowe, and
Kurtz voting in favor,and with Council Members Fleury and Lamont voting against.
17. Consider and take appropriate action regarding a Proclamation of the Town Council supporting January
12-27,2019 as Yoga Marathon in Trophy Club;and providing an effective date(Mayor Sanders).
Mayor Sanders read the proclamation into the record.
Motion:
Motion made by Mayor Pro Tem Shoffner,seconded by Council Member Kurtz,to approve Proclamation No. 2019-
01, supporting January 12-27, 2019 as Health for Humanity Yogathon in Trophy Club; and providing an effective
date of January 8,2019.
Malleswara Rao and Chinmay Bhide with Hindu Swayamsevak Sangh, a voluntary, non-profit, social and cultural
organization, stated that they aimed to preserve and pass on the ancient Hindu heritage and cultural values to the
next generation of Hindus and raise awareness around the world.
The vote was taken.
Motion carried unanimously 7-0-0.
18. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing February
2019 as Kindness Awareness Month in Trophy Club;and providing an effective date(Council Member Fleury
and Mayor Sanders).
Council Member Fleury read the proclamation into the record.
Motion:
Motion made by Council Member Fleury, seconded by Council Member Jensen,to approve Proclamation No. 2019-
02, recognizing February 2019 as Kindness Awareness Month in Trophy Club; and providing an effective date of
January 8, 2019.
Tammy McClure, Student Leadership Teacher at Byron Nelson High School, thanked the Council for their support
and stated that last year's event was a huge success. They were able to collect thousands of shoes that were sent
globally. This year they would have a local and global community service project to help the community come
together.
Paige Cantrell, Principal at Medlin Middle School, stated that their focus was on creating kind students and
modeling that for them at an early age.
Dr. Ryder Warren, Superintendent with Northwest Independent School District, was present to accept the
proclamation.
The vote was taken.
Motion carried unanimously 7-0-0.
Town Council Minutes January 8, 2019 Page 7 of 13
19. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and
calling a Special Election to be held on February 23,2019 for the purpose of electing one(1)Councilmember
to Place No. 2 on the Trophy Club Town Council for the remainder of an unexpired term (expiring in May
2020); providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions
relative to publication and other matters necessary to conduct the election;and providing an effective date
(Council Member Jensen and Council Member Rowe).
Council Member Jensen remarked that no new material had been received. As mentioned by the Mayor at the last
Council meeting, there was no clear definition on whether or not a resign to run had been enacted. He believed
that there was only one way to close this matter and that was for him to vote for approval of calling a Special
Election.
Main Motion:
Main Motion made by Council Member Jensen, seconded by Council Member Kurtz, to approve Ordinance No.
2019-02, ordering and calling a Special Election to be held on February 23,2019 for the purpose of electing one(1)
Councilmember to Place No. 2 on the Trophy Club Town Council for the remainder of an unexpired term (expiring
in May 2020); providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions
relative to publication and other matters necessary to conduct the election; and providing an effective date of
January 8,2019.
Council Member Rowe appreciated Council Member Jensen's demonstration of leadership to put something to
bed,which may not have been otherwise.
Mayor Pro Tem Shoffner inquired what the cost estimate would be to hold the Special Election. Town Secretary
Fimbres responded that Denton County Elections provided an estimate of$12,500, which did not include Tarrant
County Elections portion.
Motion to Amend:
Motion to Amend made by Mayor Pro Tern Shoffner, seconded by Council Member Jensen, to direct the Council
Finance Subcommittee to locate the funds in the Fiscal Year 2018 Budget, not utilizing the Town Manager's
Contingency Fund, and look at the Mayor and Council Budget first to cut what they could to pay for any associated
cost for the Special Election.
Motion to Amend carried 6-1-0, with Mayor Pro Tem Shoffner and Council Members Fleury, Jensen, Rowe,
Kurtz,and Lamont voting in favor,and with Mayor Sanders voting against.
Council Member Lamont stated that they as Council Members raised their hands and swore to uphold their
purpose and the Constitution of the United States. As elected officials they could not pick and choose which laws
to enforce to protect someone. There was no victim nor was there a villain in this situation. He stated that Council
Member Jensen made a statement that triggered the Texas Constitution. The Town Attorney checked with the
Secretary of State, the Attorney General, and the Texas Municipal League and concluded that the resign to run
article of the Constitution was triggered. The Town Attorney had previously stated that Council Members could be
sued personally if they did not conduct their ministerial duties by not calling for a Special Election based on the
resign to run article of the Constitution, with the possibility that each Council Member could be required to pay for
their own legal representation and any fines involved should the District Attorney file under Chapter 66 of the Civil
Practices and Remedies Code. In 2015, Town Attorney Patricia Adams sent an email to the Council regarding the
resign to run provision of the Texas Constitution and clearly spelled out the requirements. She had stated that the
Texas Constitution regulated the resign to run for the Town Council. He continued that reasonable people could
disagree on any interpretation of the law without denigrating those who disagree with their opinion. He wanted
to clear any misconceptions and misinformation that had been disseminated over the past few months, which
created a social media mob to falsely attack and insult several Council Members. He stated that Council Member
Jensen had stated that he had not resigned based on a provision of the Town Charter. The Town Charter did not
apply in this situation. The Texas Constitution took precedence over the Town Charter. He remarked that a
Council Member and a member of the Ethics Review Commission stated that it was an obsolete election code from
1954. He believed that it has been and was about the Constitution and provided years that the Constitution had
Town Council Minutes January 8, 2019 Page 8 of 13
been revised. He was troubled that members of the Ethics Review Commission weighed in on this matter by
making incorrect statements or taking sides by defending one Council Member and criticizing others.
Council Member Rowe pointed out that there was no conclusion or clarity in the law until there was a ruling. This
item was a clear attempt to close an issue in order to get back to the business of the people. Additionally, he
remarked that just because an individual served on Council, or on any board, commission, or corporation, did not
obligate or require those individuals to surrender their first amendment rights. They were entitled to have an
opinion just like everyone else was.
Council Member Fleury commented that the majority of the discussion on this matter had occurred during
Executive Session and the entire situation had not been known to the public. She was concerned about being
personally liable to fund a defense or pay for punitive damages. She did not believe that Council Member Jensen
had intentionally invoked the resign to run provision.
Mayor Sanders asked that the topic be brought back to the matter on whether or not to call the Special Election.
The vote for the Main Motion as Amended was taken,to approve Ordinance No. 2019-02, ordering and calling a
Special Election to be held on February 23,2019 for the purpose of electing one(1) Councilmember to Place No. 2
on the Trophy Club Town Council for the remainder of an unexpired term (expiring in May 2020); providing for
canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and
other matters necessary to conduct the election; and providing an effective date of January 8, 2019; and to direct
the Council Finance Subcommittee to locate the funds in the Fiscal Year 2018 Budget, not utilizing the Town
Manager's Contingency Fund, and look at the Mayor and Council Budget first to cut what they could to pay for any
associated cost for the Special Election.
Main Motion as Amended carried 5-2-0, with Mayor Sanders and Council Members Fleury,Jensen, Kurtz, and
Lamont voting in favor,and with Mayor Pro Tem Shoffner and Council Member Rowe voting against.
20. Receive an update from Dr. Ryder Warren, Superintendent with Northwest Independent School District,
regarding an annual District overview;discussion of same(T.Class).
Dr. Ryder Warren briefly presented the State of the District and advised that the Byron Nelson High School
fieldhouse should be completed in the Fall 2019 and the addition and renovation (Phase II)should be completed in
August 2020, which would bring the capacity up to approximately 3,200 students. The design for the renovation
and addition to Medlin Middle School would begin Spring 2019. Lakeview Elementary would be receiving
equipment replacement and repairs. Currently underway were District-wide enhancements to technology and
safety and security. Additionally, he advised that a goal for safety and security would be to start their own police
force. The Town's School Resource Officers did a great job but the District had to keep up with five different
agreements and entity rules.
No action was taken on this item.
21. Consider and take appropriate action regarding an Ordinance amending Section 1.09.001, Definitions,and
removing Subsection (c), Events requiring special approval, of Section 1.09.003, Permit required;
exemptions,of Article 1.09, Special Events,of the Town of Trophy Club Code of Ordinances to rescind the
requirement for approval of the Planning and Zoning Commission and Town Council, in order for the
approval to be made by the Special Event Review Committee;and provide an effective date(T.Class).
Police Chief Arata advised that the strategic links were: Safety&Security-Achieve exceedingly high standards for
public safety and low crime rates; Infrastructure& Development-Collaborate effectively with other governmental
entities; and Infrastructure & Development - Foster a business-friendly environment. Currently, the community
garage sales fell under the temporary use permit, which required going before the Planning and Zoning (P&Z)
Commission and Town Council for permit approval. Staff was requesting to streamline this process and have
events that currently required special approval (carnivals, circuses, and community garage sales) be approved by
the Special Event Review Committee. He advised that an additional amendment was needed to the Code of
Ordinances but it first needed to go before the P&Z Commission.
Town Council Minutes January 8,2019 Page 9 of 13
Mayor Pro Tern Shoffner recommended that there be a mechanism for each request to be brought before the
Council for approval and then allow it to go before the Special Events Committee because he did not want to
burden Staff with that responsibility to make that decision.
Town Manager Class noted that there was an appeal process that would go before the Council.
Police Chief Arata added that a representative from each Town department was on the Special Events Committee,
which would help with the coordination for the event.
Mayor Sanders shared the same concern as Mayor Pro Tem Shoffner that possibly the Council should make the
final decision and that the Special Events Committee should be responsible for the coordination.
Council Member Rowe suggested that if there was a denial by the Special Events Committee it would be an
automatic appeal before the Council. Police Chief Arata responded that currently the first appeal would go before
the Town Manager and then it would go before the Council.
Motion:
Motion made by Mayor Sanders, seconded by Council Member Rowe, to approve Ordinance No. 2019-01,
amending Section 1.09.001, Definitions, and removing Subsection (c), Events requiring special approval, of Section
1.09.003, Permit required; exemptions, of Article 1.09, Special Events, of the Town of Trophy Club Code of
Ordinances to rescind the requirement for approval of the Planning and Zoning Commission and Town Council, in
order for the approval to be made by the Special Event Review Committee; and providing an effective date of
January 8,2019.
Mayor Pro Tem Shoffner asked if an automatic appeal before the Council was already established in the Code of
Ordinances. Police Chief Arata responded that it was currently automatic if the appeal was denied by the Town
Manager.
The vote was taken.
Motion carried unanimously 7-0-0.
22. Town Council Future Agenda Item No.7
Consider and take appropriate action regarding the Trophy Club Park Master Plan(T.Class).
Director of Parks and Recreation Jaramillo presented the 2019 Trophy Club Park Master Plan. The strategic link
was Nature & Beautification - Improve the aesthetic and recreational value of the Town. Staff met with the
Council and Parks and Recreation Board Subcommittees on December 21,2018 and discussed the new Trophy Club
Park Master Plan. He briefly went over the various programs and activities, as well as current projects. Phase 1
would include the following:
• Archeological survey of grounds;
• Pipe rail fencing outlining the new elevated Moto X track;
• Extension and leveling of preexisting parking lot;
• Additional pavilions in both existing parking lots;and
• New park signage to help identify 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 resulting in additional revenue for the Park (Texas Off-Road
Nationals proposed to lease the entire park for one weekend in the near future to host a race in exchange
for constructing a one(1)mile youth track and a four(4) mile large bike track);
• Redesign the motocross and south end trails;
• Apply for road repair grants;
• Outdoor fitness equipment;
• New trail head in Canterbury,currently working with Parks and Recreation Board;
• New mountain bike track;and
Town Council Minutes January 8,2019 Page 10 of 13
• New elevated Moto X track designed to assist with rainouts.
Mayor Pro Tern Shoffner recommended adding to the current projects the repair of low water crossings in order to
tie into the funds received from Marshall Creek Ranch,which should also be reflected on the plan. Additionally, he
inquired if the trail along the sandy area had been renamed to Sandy Trail as represented on the plan. Director of
Parks and Recreation Jaramillo responded that it was renamed to Sandy Trail.
Mayor Pro Tern Shoffner commented that he believed that Bobcat Trail was supposed to be renamed. Director of
Parks and Recreation Jaramillo responded that it could be renamed and reflected on the plan.
Mayor Sanders reminded Staff that the Texas Off-Road Nationals event would need to be presented to the Special
Event Review Committee.
Council Member Rowe mentioned a previous discussion point to reduce the horse usage in the south central
portion of the Park(north of Canterbury Hills)and to potential change or add additional bike trails.
Council Member Fleury thanked Staff for pursuing grants and working through an exchange of services with Texas
Off-Road Nationals.
Motion:
Motion made by Council Member Fleury, seconded by Council Member Kurtz, to approve the Trophy Club Park
Master Plan as presented.
Motion carried unanimously 7-0-0.
23. Discussion of items for Future Agendas to include agenda items for consideration on the January 19, 2019
Council Retreat agenda and February 12, 2019 Council agenda, as well as items from the Town Council
Future Agenda Items list(T.Class).
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.5 from the Future Agenda Items list: Receive an update from Staff and take appropriate action
regarding the possibility to allow attached forward facing garages. (Rowe 6/26/2018)(1-September 25,
2018)(2-January 8,2019)
Town Planner Payne advised that this item would allow attached third and fourth car garages to face the street in
straight zoned districts if setback to match the requirements of detached garages. Detached garages were
currently allowed in every residential zoning district and allowed to face the frontage street if setback 45 feet from
the front property line. Detached garages were also allowed to face the side street if setback 35 feet from the side
property line. Additionally,she stated that the Council would consider this item at their February 12,2019 Council
meeting. The P&Z Commission ultimately forwarded no recommendation to Council after a 3-3 vote at their
January 3,2019 meeting.
Mayor Pro Tem Shoffner recommended Staff provide an understanding at the February 12, 2019 Council meeting
of what was currently allowed. It would be beneficial to show a few properties within the areas that were
proposed to be amended to show where an accessory structure could be built, as well as an exhibit showing what
the change would allow.
Council Member Rowe commented that a P&Z Commissioner had recommended displaying on a Town map the
zoning districts that currently allowed attached third or fourth car garage verses the districts that were being
considered for change.
Town Council Minutes January 8, 2019 Page 11 of 13
Mayor Sanders wanted to find a better way to publicize this type of change to the residents through the website,
notices,or Facebook. This was a significant change and there had been a fair amount of misunderstanding.
Regarding the Council Retreat agenda, Town Manager Class advised that some of the topics that would be
discussed would be projected revenues and expenditures, Capital Improvement projects, and goals for the Fiscal
Year 2019-2020 Budget.
Mayor Pro Tem Shoffner requested to discuss the Town Manager's Contingency Fund either during an agenda item
or during the Town Manager's review.
Discussion took place that Council Member Kurtz would not be present at the Council Retreat and to proceed with
having the review of the Town Manager, Town Attorney, and Town Secretary at the Council Retreat and Council
Member Kurtz would circle back with any needed comments.
Specific to the February 12, 2019 Council agenda, Mayor Sanders suggested having just the public hearing portion
of Agenda Item No. 11, regarding forward facing garages, and then have the action portion presented at the next
Council meeting to provide adequate notice to residents through other communication means.
Mayor Pro Tem Shoffner discussed that it may be difficult for Staff to pick and choose what items needed further
communication means. Currently for items that had a public hearing, Staff publishes the required legal notice in
the newspaper and then posts the notice on the Town's website. Additionally, emails were sent through
Mailchimp to those registered of upcoming meetings. He suggested having an agenda item at the Council Retreat
to discuss communication processes.
Concerning the Town Council Future Agenda Items list, Mayor Sanders requested to remove the following items:
• Item No. 5 - Receive an update from Staff and take appropriate action regarding the possibility to allow
attached forward facing garages. (Rowe 6/26/2018) (1-September 25,2018) (2-January 8, 2019);and
• Item No. 7 - Discussion of and take appropriate action regarding the Trophy Club Park Master Plan.
(Shoffner 7/24/2018) (1-October 9,2018) (2-January 8, 2019)
EXECUTIVE SESSION
24. 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:
Cause No. 18-9681-158 Town of Trophy Club v.Michael T.Slye(T.Class)
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:
1) North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tern
Shoffner and Council Member Kurtz)
2) North of State Highway 114,west of Trophy Club Drive(T.Class)
CONVENED INTO EXECUTIVE SESSION-START TIME—9:07 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—9:40 P.M.
Town Council Minutes January 8,2019 Page 12 of 13
RECONVENED INTO REGULAR SESSION
25. Consider and take appropriate action regarding the Executive Session(T.Class).
No action was taken on this item.
ADJOURN
Mayor Sanders adjourned the meeting at 9:41 p.m. /
Holly Fimbres, own Sa= cktary cG C. Nick Sanders, Mayor
Town of Trophy Club, 0 ails -'4111�� Town of Trophy Club,Texas
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Town Council Minutes January 8, 2019 Page 13 of 13