Minutes TC 12/11/2018 TOWN OF TROPHY CLUB
TOWN COUNCIL REGULAR SESSION MINUTES
TUESDAY,DECEMBER 11,2018,7:00 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, December 11, 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 (participated remotely using video conferencing through Skype)
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 and Marketing Manager
Eric Ransleben Interim Municipal Court Judge Jeff Mitchell Police Sergeant
Holly Fimbres Town Secretary/RMO Mike Pastor Information Technology Manager
Patrick Arata Police Chief Lisa Payne Town Planner
Brandon Buff Police Officer Jonathan Phillips Director of Administrative&Financial Services
Wade Carroll Fire Chief Bobby Tillman Police Captain
Jon Ciarletta Police Sergeant Tommy Uzee Director of Community Development
Gary Cochran Fire Marshal Steve Woodard Police Captain
Shereen Contreras Police Officer Steve Zieverink Information Technology Specialist
Joshua Hernandez Police Officer
Mayor Sanders announced the date of Tuesday, December 11, 2018, called the Town Council to order and
announced a quorum at 7:00 p.m.
The Invocation was offered by Director of Parks and Recreation Jaramillo.
The Pledges to the American Flag and Texas Flag were led by Mayor Pro Tern Shoffner.
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.
Michael Branum, 2887 Redfern Drive, provided a brief update regarding the inaugural Trophy Club Turkey Trot.
The Trophy Club Emergency Volunteers Association and Angels Fall Up were the community hosts. All net
proceeds benefited the local emergency volunteers and cancer research. He reported that in a short period of
time, over 200 people registered and there were a significant amount of sponsors and over 50 volunteers. He
commented that the Fire and Police Departments provided a safe and secure environment for the event. They
looked forward to doing this event in the future and thanked the Town for their support and coordination.
Whitney and Presley Branum stood by Mr. Branum in support.
Brian Brennan, 2748 Chatswood Drive, asked the Council why a Special Election had not been called for Council
Member Jensen's seat since he enacted the resign to run rule when he posted on Facebook that he was running
for Mayor. He stated that the Town Attorney advised the Council that Council Member Jensen enacted the resign
to run rule and that he must resign immediately. A call for a Special Election must take place within 120 days. He
stated that he provided detail case law that specifically supported a call for a Special Election. He asked again why
the Election had not been called. He stated that Council should fulfill its ministerial duties and call for a Special
Election. There have been some questions on Council Member Jensen's post on Facebook constituting an
announcement. According to the Texas Attorney General, an announcement was defined as an officer announces
his candidacy for office by making a written or oral statement in which a reasonable person may conclude that an
individual intends without qualification to run for office. He stated that he listed those statues in the email that he
sent to Council on the case law. Texas State law and Constitution supersedes the Town Charter. He stated that
the fact that Council Member Jensen did not file as required by the City Charter did not supersede what the Texas
Constitution states. He stated that if the Council did not follow the law and the Constitution, a dangerous
precedent for the future Council Members could be set. He has consulted with an attorney in reference to this
case and stated that he felt confident that he would be victorious in the court of law. He believed in the law and
was willing and prepared to move forward if a Special Election was not called. As mentioned in his previous email,
he has contacted the media and they are interested in the story and he was scheduled to meet with them later in
the week to discuss what happened at this Council meeting. He provided the media with all the documentation
that he provided to the Council. He stated that the fact that the Council did not want to call the Election was
alarming to him. He asked what happened to transparency and following the oath that they swore to uphold upon
taking office. As a police officer, he took an oath to uphold the laws of the Constitution of Texas and he expected
his elected officials to do the same. He asked that they follow the law in their ministerial duty and call a Special
Election for Council Member Jensen's seat.
Mayor Sanders reminded Mr. Brennan that the Council could not discuss this item at this point in the meeting.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class'update and provide input regarding the following(T.Class):
• Upcoming Events—The annual Gingerbread House Decorating event was scheduled for December 14th,
from 6:00 p.m.to 8:00 p.m.;and
• Office Closures—Town offices would be closed on December 24th and 25th for the Christmas holiday, as
well as January 1st for the New Year holiday. There would be no collection of trash, recyclables, or bulk
materials on December 25th and January 1st. The weekly schedule would be delayed by one day,with all
collections being completed on Wednesday and Saturday for both weeks. Additionally,there would be no
Council meeting on December 25th.
2. Badge pinning ceremony for newly hired Police Officers and Fire Marshal(T.Class).
Police Chief Arata provided opening remarks and stated that the badge was the most visible symbol to the
community,which was typically during a time of need. There were three new police officers that graduated from
the Police Academy, one newly hired police captain, two newly hired police sergeants, and one newly hired fire
marshal.
Fire Chief Carroll introduced Police Officer Brandon Buff, Police Officer Joshua Hernandez, and Police Officer
Shereen Contreras.
Interim Municipal Court Judge Ransleben administered the Oath of Office to Police Officer Buff, Police Officer
Hernandez,and Police Officer Contreras.
Police Officer Buff was pinned by his wife,Adriana,and daughters, Madison, Mackenzie,and Miranda.
Police Officer Hernandez was pinned by his wife,Jacqueline Najera,and brother,Gerardo.
Police Officer Contreras was pinned by her parents, Kamran and Nelda Shahhosseini.
Town Council Minutes December 11,2018 Page 2 of 10
Fire Chief Carroll introduced Police Captain Bobby Tillman, Police Sergeant Jeff Mitchell, Police Sergeant Jon
Ciarletta,and Fire Marshal Gary Cochran.
Interim Municipal Court Judge Ransleben administered the Oath of Office to Police Captain Tillman, Police
Sergeant Mitchell, Police Sergeant Ciarletta,and Fire Marshal Cochran.
Police Captain Tillman was pinned by his wife, Niambi,and daughters, Liyah and Lani.
Police Sergeant Mitchell was pinned by his wife,Courtney,and daughter,Sophia.
Police Sergeant Ciarletta was pinned by his wife, Dana.
Fire Marshal Cochran was pinned by his wife,Sheri.
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.
3. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated November
13,2018(T.Class). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
4. Case AP-18-002(Trophy Club Town Center Addition)
Consider and take appropriate action regarding a request for approval of an amended plat for Trophy Club
Town Center Addition,located on the northeast corner of SH 114 and Trophy Club Drive(T.Class).
Motion:
Motion made by Council Member Rowe, seconded by Council Member Jensen, to approve the Consent Agenda
Items 3 and 4.
Motion carried unanimously 7-0-0.
REGULAR SESSION
5. Case SUP-18-001(HG Sply Co.Alcohol)
A) Conduct a Public Hearing regarding a request made by HG Sply Co. for a Specific Use Permit to allow
alcoholic beverages for on-premises consumption-bar or tavern,on approximately 1.84 acres of land,
generally located on the northwest corner of SH 114 and Trophy Wood Drive(T.Class).
Mayor Sanders opened the public hearing at 7:28 p.m.
Town Planner Payne stated that the purpose of this item was to consider a request for a Specific Use Permit for
alcoholic beverages at HG Sply Company. The strategic link was Infrastructure& Development—Foster a business-
friendly environment. The applicant proposed to sell mixed beverages, as well as beer and wine. This request
would be for the entire building, which was slated to house a bar, restaurant,and coffee shop that would operate
until 2:00 a.m. HG Sply was in compliance with the 300 foot separation requirement from a church, public school
or private school, and public hospital. Parking needs were being addressed by on-site parking spaces, in addition
to a temporary off-site parking lot that was intended to be replaced by a parking garage. The Police Chief
reviewed this application and did not have any objections. Additionally, the Planning and Zoning (P&Z)
Commission considered this request at their December 6, 2018 meeting and unanimously recommended approval,
and Staff recommended approval of the request.
Justin Springfield with OTD and P&Z Chairperson Jeffrey Beach were available for questions.
There was no one present that wished to speak during this item.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:29 p.m.
Town Council Minutes December 11,2018 Page 3 of 10
B) Consider and take appropriate action regarding a request made by HG Sply Co.for a Specific Use Permit
to allow alcoholic beverages for on-premises consumption - bar or tavern,on approximately 1.84 acres
of land,generally located on the northwest corner of SH 114 and Trophy Wood Drive(T.Class).
Motion:
Motion made by Council Member Rowe,seconded by Council Member Jensen, to approve Ordinance No. 2018-30
P&Z, approving Case SUP-18-001 (HG Sply Co.Alcohol), a request made by HG Sply Co.for a Specific Use Permit to
allow alcoholic beverages for on-premises consumption - bar or tavern, on approximately 1.84 acres of land,
generally located on the northwest corner of SH 114 and Trophy Wood Drive.
Motion carried unanimously 7-0-0.
6. Case SUP-18-002(Aloft Hotel)
A) Conduct a Public Hearing regarding a request for a Specific Use Permit to allow less than 150 rooms in a
limited-service hotel on a lot zoned PD-30, on approximately 2.3 acres of land, generally located
approximately 950 feet east of Trophy Club Drive and approximately 300 feet north of SH 114(T.Class).
Mayor Sanders opened the public hearing at 7:31 p.m.
Town Planner Payne stated that the purpose of this item was to consider a request for a Specific Use Permit to
allow a hotel on the PD-30 site with less than 150 rooms. The strategic link was Infrastructure & Development—
Foster a business-friendly environment. The applicant, Kriya Hotels, was proposing to build an Aloft Hotel on the
PD-30 lot specified for this use, which required a Specific Use Permit for less than 150 rooms according to the
Development Standards. In 2016,the Council approved the option to obtain a Specific Use Permit for fewer rooms
to allow limited-service hotel to residence in the PD-30 district if that was what the market demanded. Aloft Hotel
would comply with the other PD-30 requirements, including having a meeting space no less than 2,000 square feet
and having select food service. The applicant was requesting that the Specific Use Permit was approved with a 12
month period of validity, rather than the six month period, because they were at the mercy of the master
developer's timeliness in preparing the site for construction. Additionally, the P&Z Commission considered this
item at their December 6, 2018 meeting and unanimously recommended approval with a 12 month period of
validity,and Staff recommended approval of the request.
Shahnaz Talukder with Mayse&Association and P&Z Chairperson Beach were available for questions.
There was no one present that wished to speak during this item.
Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:33 p.m.
B) Consider and take appropriate action regarding a request for a Specific Use Permit to allow less than
150 rooms in a limited-service hotel on a lot zoned PD-30,on approximately 2.3 acres of land,generally
located approximately 950 feet east of Trophy Club Drive and approximately 300 feet north of SH 114
(T.Class).
Motion:
Motion made by Council Member Rowe, seconded by Council Member Kurtz, to approve Ordinance No. 2018-31
P&Z, approving Case SUP-18-002 (Aloft Hotel), a request for a Specific Use Permit to allow less than 150 rooms in a
limited-service hotel on a lot zoned PD-30, on approximately 2.3 acres of land, generally located approximately
950 feet east of Trophy Club Drive and approximately 300 feet north of SH 114, as presented with a 12 month
period of validity.
Motion carried unanimously 7-0-0.
Town Council Minutes December 11, 2018 Page 4 of 10
7. Discussion of items for Future Agendas to include agenda items for consideration on the January 8, 2019
Council agenda and 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. 2 from the Future Agenda Items list: Discussion of Green Ribbon grants for the beautification
along the sound wall on State Highway 114. (Sanders 3/8/2016) (1-June 14, 2016) (2-September 13,
2016) (3-December 13,2016) (4-March 14,2017) (5-September 12,2017) (6-April 10,2018) (7-July 24,
2018) (8-October 23,2018)(9-December 11,2018)
Mayor Sanders advised that he reached out to the North Central Texas Council of Governments and obtained an
application. If the Council chooses to move forward, a plan would be a submitted by the municipalities of
Southlake,Trophy Club,and Westlake, and possibly Roanoke. He advised that a plan would have to be developed
and the Metroport Cities of Partnership was willing to help coordinate the plan, which would be brought before
the Council at a later date for consideration.
B) Item No. 3 from the Future Agenda Items list: Receive an update from Town Staff regarding Entryway
Monumentation and Landscaping for the Town of Trophy Club. (Sanders 2/27/2018) (1-May 22,2018)
(2-August 28,2018)(3-December 11,2018)
Town Planner Payne advised that she reached out to the Council Subcommittee to receive further detailed
direction regarding the design of the Parks signage. The result of their opinions was the following:
• Independence Park East existing monument sign would remain in place(22 feet in length)but a tab would
be added to the top to indicate"East—Fields 5-7";
• Independence Park West would have a new monument sign installed to match Independence Park East,
but would be shorter in length(approximately 16 Y2 feet)with a tab on top to indicate"West—Fields 1-4"
and aluminum was proposed in place of steel;
• Community Pool would have a new monument sign installed to replicate the Independence Park East
signage,but would be shorter in length(approximately 16%2 feet)and no tab would be added;and
• Freedom Dog Park would have a new monument sign installed to match Independence Park East signage,
but would be shorter in length(approximately 16%2 feet)and no tab would be added.
Additionally, she advised that Staff was seeking direction specific to the Harmony Park signage. The signage could
replicate the Independence Park East signage,but would be shorter in length(approximately 16%2 feet)and no tab
would be added. The other option would be to utilize the existing base and columns and the Styrofoam panel
would be replaced with an aluminum panel (approximately six feet by nine feet). Furthermore, the Council
Subcommittee and Staff were interested in the structural integrity of the existing Independence Park West and
Community Pool signage. Teague Nall & Perkins inspected the signs and their engineers report describes that the
damage to the signs backed up the recommendation to build foundations to the size of four to six inches above
grade to help minimize the potential for structural failure. The cracks due to settlement might be difficult and
costly to repair. The two existing signs tilt and have multiple cracks to the foundation and supportive columns.
The estimated cost for the signs was approximately$2,700 for the Independence Park East tab and$27,000 for the
other four new monument signs.
Mayor Sanders inquired about placing the TC logo on the columns. Town Planner Payne responded that one
member of the Council Subcommittee was not in favor of adding the TC logo, which would run around $2,500 to
$5,000 per logo.
Council Member Rowe provided direction to Staff to obtain cost estimates that were broken out. He was in favor
of locking in the plans and commented that the logo could be presented as an option.
Town Council Minutes December 11, 2018 Page 5 of 10
Town Planner Payne commented that if Council was in favor of moving forward, then the next step would be to
prepare a request for proposal(RFP)to allow vendors to submit specific plans and cost estimates.
Mayor Sanders asked if there were funds already set aside for this item. Town Manager Class responded that
approximately$50,000 was available.
Discussion took place that the rough drawings that were shown were not the true font size, but the actual letter
font and size would mirror the Independence Park East monument sign.
Mayor Pro Tern Shoffner and Council Member Fleury were not in favor of placing the Town logo on the signs
because it could potentially date the signs in the future years.
Council Member Kurtz directed Staff to move forward with preparing an RFP with logos and without logos.
C) Item No.4 from the Future Agenda Items list: Discussion of and take appropriate action regarding the
development of a Parkland Dedication Fund Policy. (Jensen 6/12/2018) (1-September 11, 2018)
(2-December 11,2018)
Director of Administrative and Financial Services Phillips advised that Staff reviewed best practices for eligible and
ineligible uses of Parkland Dedication Funds. The strategic link was Administrative& Financial Services—Exercise
fiscal discipline in all Town operations. He briefly went over the following guidelines for the proposed eligible and
ineligible projects:
Eligible projects:
• Acquisition of land for public park purposes.
• Capital projects for the development of new public parks which may include any associated site
preparation and drainage; the provision of park facilities, such as, play equipment, sports fields, and
pathways:or the provision of recreation facilities,community centers or indoor pools.
• Capital projects to increase the capacity of existing public parks and/or recreation facilities to
accommodate more intensive public use; the provision of additional park facilities, for example play
equipment, splash pads and site furniture; and /or the provisions of additional recreation facilities,
for example the expansion or upgrading of program spaces in community centers, indoor pools and
arenas.
• Projects for repair, renewal, and lifecycle replacement in relation to fixed recreation and park assets
and the total project costs(planning,design,and implementation)associated with these works.
Ineligible projects:
• Any non-capital costs(studies,ongoing operations, maintenance.etc.).
• Any project that will require operating budgets.
• Any costs associated with the acquisition of non-fixed or portable recreational assets, for example,
sports equipment,exercise equipment,etc.
• Any cost or work associated with facilities or property not owned by the Town.
• Any capital project associated with facilities operated through a public-private partnership to deliver
Town recreational services.
• Any capital project associated with land that is not a public park.
• Any capital project associated with land that is not either one of a public park or being used for
recreational purposes.
• Plaques, engravings, etc. acknowledging the funding source as a cash-in-lieu of parkland account are
not permitted on items with a total value of less than$10,000.
Council Member Jensen recommended adding this item to the Consent Agenda for January 8, 2019 to allow time
to review and recommend any necessary changes.
Council Member Rowe inquired about narrowing the fourth bullet within eligible projects. This particular funding
source should be focused with some potential exceptions on expanding the use and finding ways for residents to
be able to interact with the parks to get the most value out of them.
Town Council Minutes December 11, 2018 Page 6 of 10
Council Member Lamont was concerned with the word"repair"in the fourth bullet within eligible projects because
that could diminish the funds quickly. He commented that he would not consider the bathroom renovations at
Independence Park West a repair.
Mayor Sanders suggested placing a not-to-exceed amount or a must exceed amount for repairs. He commented
that the word"maintenance"within the first bullet of ineligible projects seemed to be contradictory.
D) Item No. 5 from the Future Agenda Items list: Discussion of and take appropriate action regarding
updating the Town's Storm Water Master Plan. (Shoffner 6/12/2018) (1-September 11, 2018)
(2-December 11,2018)
Director of Community Development Uzee advised that the 2012 Storm Water Master Plan was adopted to be
done in three phases. The first phase was to evaluate five known areas of concern, the second phase was to
develop and rank alternative designs, and the third phase was coordination of regional grant funding for studies
and improvements. The five known areas of concern were:
• Marshal Branch at Trophy Club Drive;
• Skyline Drive and Indian Creek Drive;
• Overhill Drive and Timber Ridge Drive;
• Fresh Meadow Drive;and
• Cypress Creek.
Additionally, he advised that Freese and Nichols would identify the hydrological and hydraulic calculations based
upon the corrections that were made. The Fresh Meadow Drive area of concern was caused by erosion and
flooding of the golf course. An additional culvert was added to the Indian Creek bridge location. A hydrological
study at Skyline Drive would be conducted at the bridge with the fourth culvert opened with undeveloped
downstream and developed downstream criteria. An issue was the bottleneck at the end by T W King Road,as the
Town goes to the middle of T W King Road. Once the creek gets to that point, it T's out at the bridge. The
recommendation was to install a free span bridge or to obtain additional easements for a six barrel culvert. He
noted that the Creekmere Drive easement had been obtained. Additionally, he advised that it would cost
approximately$35,000 for the hydraulic study.
Mayor Pro Tem Shoffner recommended that Staff verify that the Town property went to the middle of T W King
Road because the City of Southlake may show otherwise. Director of Community Development Uzee responded
that the documentation from the 2014 study identified the Town going to the middle of T W King Road;therefore
the Town would need agreement with the City of Southlake to install the recommended free span bridge to open
up the creek for continuous flow.
Council Member Rowe brought up the event that occurred on September 22, 2018 and inquired if the bridge
closure at Skyline Drive and Indian Creek Drive was due to the creek flooding. Director of Community
Development Uzee responded that he believed it was closed due to flooding, but he had not been present at that
particular site.
Mayor Pro Tern Shoffner commented that was a reason why it was so important to obtain the Creekmere Drive
easement. He assumed that the study could be paid through the storm drainage fund and recommended placing it
on a future agenda to proceed. Director of Community Development Uzee responded that the Town would be
pursing grants to assist with the study;therefore this item would come at a later time.
Regarding the Town Council Future Agenda Items list, Mayor Sanders requested to remove Item No.4: Discussion
of and take appropriate action regarding the development of a Parkland Dedication Fund Policy. (Jensen
6/12/2018)(1-September 11, 2018)(2-December 11, 2018)
Mayor Sanders requested to add an item to the Town Council Future Agenda Items list: Discussion and planning to
deal with a right turn lane with an acceleration lane to turn right and head west on Highway 114 at Trophy Lake
Drive.
Town Council Minutes December 11,2018 Page 7 of 10
EXECUTIVE SESSION
8. 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) Cause No. 18-9681-158 Town of Trophy Club v. Michael T.Slye(T.Class)
2) Loop Road(T.Class)
3) Resign-to-Run and Special Election Issues(Mayor Sanders)
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 Tem
Shoffner and Council Member Kurtz)
2) Potential transfer of property(T.Class)
C) Section 551.074 Personnel Matters to discuss or deliberate the appointment,employment,evaluation,
reassignment,duties,discipline or dismissal of a public officer or employee:
Municipal Court Judge position(Mayor Sanders)
CONVENED INTO EXECUTIVE SESSION-START TIME—8:06 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—10:14 P.M.
RECONVENED INTO REGULAR SESSION
9. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, appointing a
presiding judge and alternate judges for the Trophy Club Municipal Court of Record No. 1; and providing an
effective date(Mayor Sanders).
Motion:
Motion made by Council Member Jensen, seconded by Council Member Rowe,to approve Ordinance No. 2018-32,
appointing Eric Ransleben as the Presiding Municipal Court Judge, Christian Dennie as an Alternate Municipal Court
Judge, and Brad Bradley as an Alternate Municipal Court Judge for the Trophy Club Municipal Court of Record No.
1 with terms expiring January 31, 2021;and with an effective date of December 11, 2018.
Motion carried 6-1-0,with Mayor Sanders and Council Members Fleury,Jensen, Rowe, Kurtz and Lamont voting
for,and with Mayor Pro Tem Shoffner voting against.
10. Discuss status of Resign-to-Run and Special Election(Mayor Sanders).
Mayor Sanders stated that at the November 13, 2018 Council meeting, there was an item to call a Special Election
in response to an inquiry about Council Member Jensen's comments made on Facebook that might have
constituted an automatic resign to run by the State Constitution. When the item was being introduced, the Chair
received an objection to consideration, which does not require a second and there could be no discussion, this
item was unanimously supported. From his viewpoint, there were some areas related to prior Texas Attorney
General Opinions, where the words used to automatically enact the resign to run area of the Texas Constitution
could be interpreted differently by various viewpoints. At this point, the Town was told by Tarrant County Civil
Division that it would take over 120 days before the Town could receive an opinion, and mostly likely it would take
as far out as a year to receive an Attorney General Opinion on whether or not the words put on Facebook
constituted an enacting of the automatic resignation.
Town Council Minutes December 11, 2018 Page 8 of 10
Council Member Rowe read the following public statement(with the consent of the Town Attorney and Council)
that had been given by the Town Attorney to the Council: "We requested an opinion from the Secretary of State
on whether Eric Jensen was eligible to run in a Special Election if one was called for his seat. The Secretary of State
ruled that Eric Jensen was eligible to run in a Special Election if one was called for his seat. I concur with the
opinion."
11. Consider and take appropriate action regarding the Executive Session(T.Class).
Main Motion:
Main Motion made by Council Member Lamont,seconded by Mayor Sanders,to direct Staff to place on the January
8, 2019 Regular Council meeting the calling of a Special Election for Council Member Place 2 to fill the remainder of
the term to expire in May 2020.
Council Member Jensen stated that he had a conflict of interest and would be abstaining from the vote.
Council Member Fleury inquired if the motion on the floor would absolve any personal liability for council members.
Town Attorney Dodd responded that the motion on the floor was not calling the election; it was a motion to place
the item to be considered on the January 8,2019 Council agenda.
Motion to Postpone Indefinitely:
Motion made by Mayor Pro Tern Shoffner, seconded by Council Member Rowe, to postpone the Main Motion
indefinitely.
Council Member Fleury asked if indefinitely meant that the Council would not speak about the item again. Town
Attorney Dodd responded that the motion to postpone indefinitely would be to prevent action for the duration of
the current session.
Council Member Rowe supported the motion on the floor because the prior motion implied that a precondition
had been met.
Council Member Fleury was concerned about personal liability and inquired when the last day was to be able to
call the Special Election. Town Attorney Dodd responded that January 8, 2019 would be the last day to call the
Special Election to be held within the 120 day timeframe.
Council Member Rowe reminded Council that they had received two written and one verbal threat of legal action
of this matter and stated that it was prudent to seek legal advice during Executive Session.
The vote for the Motion to Postpone Indefinitely was taken.
Mayor Pro Tem Shoffner and Council Members Jensen,Rowe,and Kurtz voted in favor of the motion.
Town Attorney Dodd stated that Council Member Jensen had a conflict of interest on the Main Motion and would
therefore have a conflict of interest on the current motion.
Council Member Jensen stated that the Main Motion was direction for the calling of an Election regarding his seat
and the Motion to Postpone Indefinitely did not affect his seat. Town Attorney Dodd responded that he would
leave the decision to Council if they would allow that.
Council Member Rowe commented that he believed that Council Member Jensen was within his privilege in his
position to give his opinion on whether or not it was appropriate or not to consider the motion.
Mayor Sanders stated that he believed someone declares a conflict when they feel conflicted.
Council Member Fleury remarked that she agreed that Council Member Jensen had the choice to decide which he
was conflicted about.
Town Council Minutes December 11,2018 Page 9 of 10
The vote for the Motion to Postpone Indefinitely was taken.
Motion to Postpone Indefinitely carried 4-3-0, with Mayor Pro Tern Shoffner and Council Members Jensen,
Rowe, and Kurtz voting for; with Mayor Sanders and Council Member Lamont voting against; and with Council
Member Fleury abstaining.
(Town Secretary Note: Per the Town's Meetings and Rules of Procedure, an abstention from voting where no
conflict of interest under state law and/or town ordinance exists, that person's vote shall be recorded as a negative
vote)
ADJOURN
Mayor Sanders adjourned the meeting at 10:31 p.m.
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Holly Fimbres Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club,Texas � Town of Trophy Club,Texas
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Town Council Minutes December 11,2018 Page 10 of 10