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Minutes TC 04/23/2019 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY,APRIL 23,2019,7:00 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, April 23, 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 arrived at 7:06 p.m. Eric Jensen Council Member, Place 2 Greg Lamont Council Member, Place 5 TOWN COUNCIL MEMBERS ABSENT: Tim Kurtz Council Member, Place 4 STAFF PRESENT: Tom Class Town Manager Mike Pastor Information Technology Manager David Dodd Town Attorney Jonathan Phillips Director of Administrative&Financial Services Holly Fimbres Town Secretary/RMO Tommy Uzee Director of Community Development Wade Carroll Fire Chief Steve Woodard Police Captain Tony Jaramillo Director of Parks and Recreation Mayor Sanders announced the date of Tuesday,April 23, 2019,called the Town Council to order and announced a quorum at 7:02 p.m. Additionally, he advised that Council Member Fleury would be late because she was caught in traffic and that Council Member Kurtz would be absent because he was out of town on business. 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 Mayor Sanders. 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. Scott Hensell, Chair of the Board of Directors with the Children's Advocacy Center for Denton County,thanked the Council for their support. He provided the following statistics that one in six boys and one in four girls would be sexually abused before their 18th birthday. In 2018,the Children's Advocacy Center for Denton County had 1,096 children come through their doors. Their purpose was to coordinate the investigation and prosecution of severe child abuse cases and provide mental health services to the families to restore a child's potential in the face of the crime of abuse. They worked closely with law enforcement agencies, Child Protective Services, Denton County District Attorney's Office,Sexual Assault Nurse Examiners,and Juvenile Probation. Before the opening of their new advocacy center, they had an eight percent prosecution rate but last year they had 100 percent of indicted cases result in conviction. They are one of the largest mental health providers in Denton County and offered 13,000 mental health services last year. In 2018, they realized a 35 percent increase to their services and the number continues to rise. A new facility was opening in Lewisville and a second facility would be constructed in Denton to better serve the community. Last year,389 services were provided to the Trophy Club community. He stated that their funding sources were derived from the Federal Victims of Crime Act, local communities,and special events. (Town Secretary Note:Council Member Fleury arrived) ANNOUNCEMENTS AND REPORTS 1. Receive Town Manager Class' update and provide input regarding the following(T.Class): • Early Voting—Began on April 22nd and would run through April 30th for the upcoming May 4th General and Special Elections. The closest early voting site for Denton County residents was at Trophy Club Town Hall and the closest early voting site for Tarrant County residents was at Southlake Town Hall. • Volunteer Appreciation Reception—Scheduled to be held on Thursday,June 27th,from 6:00 p.m.to 8:00 p.m.at the Trophy Club Country Club. 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 April 9, 2019(T.Class). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 3. Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2019 (T.Class). 4. Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Freese and Nichols for the Drainage Master Plan Update and Skyline Creek Channel Improvements Feasibility Study;and authorizing the Mayor or his designee to execute all necessary documents(T.Class). 5. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town of Trophy Club and Denton County for the Fiscal Year 2019-2020 Shared Governance Communications and Dispatch Services System for the Police Department and Fire/EMS Department; and authorizing the Mayor or his designee to execute all necessary documents(T.Class). Council Member Lamont requested to remove Item No.4 from the Consent Agenda. Motion: Motion made by Mayor Pro Tern Shoffner, seconded by Council Member Jensen, to approve the Consent Agenda Items 2,3, and 5. Motion carried unanimously 5-0-0. REGULAR SESSION 4. Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Freese and Nichols for the Drainage Master Plan Update and Skyline Creek Channel Improvements Feasibility Study;and authorizing the Mayor or his designee to execute all necessary documents(T.Class). Director of Community Development Uzee stated that the strategic link was Infrastructure & Development - Maintain and improve all Town infrastructure. On February 9, 2012, Freese and Nichols provided the Town with a comprehensive study for the Storm Water Master Plan Phase I initiative. To date,three of the five areas studied have had improvements accomplished as required,the last having been completed in July of 2015, which was the culvert addition and bridge/street rebuild at Indian Creek Drive near Skyline Drive. The remaining two were identified with potential improvements that were needed. The Phase II proposal as submitted, presented a scope of services to provide an update to the Drainage Master Plan, including a feasibility study for the Skyline Creek Channel Improvements as requested. The cost for the Drainage Masterplan Update and Skyline Creek Channel Improvements Feasibility Study was$65,000. Additionally,Staff recommended approval of this item. Town Council Minutes April 23,2019 Page 2 of 5 Council Member Lamont asked if there would be a Town Hall meeting regarding further improvements. Director of Community Development Uzee responded that a Town Hall meeting would be held. Council Member Lamont inquired about a solution for the drainage ditch on the golf course so that it could be easily maintained. Director of Community Development Uzee responded that Freese and Nichols would be reviewing solutions with the golf course and some of the abutting residents. Council Member Lamont asked if the aesthetics would be the same or better than prior to construction. Director of Community Development Uzee responded that this study would not affect the street portion that currently has concrete patching due to storm water drainage. Motion: Motion made by Council Member Lamont, seconded by Mayor Pro Tem Shoffner, to approve the Agreement between the Town of Trophy Club and Freese and Nichols for the Drainage Master Plan Update and Skyline Creek Channel Improvements Feasibility Study; and authorize the Mayor or his designee to execute all necessary documents. Mayor Pro Tem Shoffner inquired if this study was mainly to capture the improvements that the Town made since the last study. Director of Community Development Uzee responded that was correct and it would include a hydraulic analysis starting at Fresh Meadow Drive to T W King Road, which would help determine the impact downstream. Mayor Pro Tem Shoffner asked if the Fresh Meadow Drive area was complete. Director of Community Development Uzee responded that it was completed between 2013 and 2015. Mayor Pro Tem Shoffner inquired if any maintenance concerns would be the responsibility of the Town's and the golf course to attempt to solve. Director of Community Development Uzee responded that was correct and that Freese and Nichols offered to assist in that matter and reach out to those homeowners for their input. Mayor Pro Tem Shoffner commented that he wanted to ensure that residents understood that the purpose of this item was to update the Storm Drainage Plan in order to capture the improvements that have been made and be able to review other potential improvements,such as opening the culvert at the Creekmere Drive bridge. Director of Community Development Uzee responded that was correct and this study would allow the Town to proceed further with the area that has not had improvements made. The vote was taken. Motion carried unanimously 5-0-0. 6. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May 2,2019 as Day of Prayer in Trophy Club;and providing an effective date(Mayor Sanders). Mayor Pro Tem Shoffner read the proclamation into the record. Motion: Motion made by Mayor Pro Tem Shoffner, seconded by Council Member Fleury, to approve Proclamation No. 2019-06, recognizing May 2, 2019 as Day of Prayer in Trophy Club; and providing an effective date of April 23, 2019. Irma Thomas, National Day of Prayer Taskforce Coordinator, thanked the Council for their support and remarked that this was the 27th year that she has coordinated the observance. She announced that the observance would be held at Fellowship United Methodist Church at noon on Thursday, May 2nd. This year's theme was Love One Another,which was a timely message for the nation,state, and cities. Town Council Minutes April 23, 2019 Page 3 of 5 Also present to accept the proclamation were: Senior Pastor Barry Clingan with The Church at Trophy Lakes; Pastor Joel Quile with Bara Church; Reverend Edlen Cowley with Fellowship United Methodist Church; and Senior Minister Jeff Brooks with Lake Cities Church of Christ. Pastor Quile thanked Mrs.Thomas for her leadership,servant's heart, and for all her hard work. The vote was taken. Motion carried unanimously 5-0-0. 7. Discussion of items for Future Agendas to include agenda items for consideration on the May 14, 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. Mayor Sanders requested to add the following item to the May 14th or May 28th Council agenda: Discussion of and take appropriate action regarding PD 30 and Townhome staggering. Council Member Jensen requested to add the following item to the Town Council Future Agenda Items list for: Discussion of the creation of a Charter Review Commission in accordance with Section 11.15 of the Town Charter, the Council shall appoint a Charter Review Commission at intervals of not more than seven (7)years. Mayor Sanders requested to add the following item to the Town Council Future Agenda Items list for: Discussion of and take appropriate action regarding Agreements with OTD (Old Town Development, et.all.) related to Breadwinners and HG Sply Development Agreements. EXECUTIVE SESSION 8. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act),the Council convened into executive session to discuss the following: A) 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) B) Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee and Section 551.071 under Subsection (2)Consultation with Attorney to consult with its 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. 1) Simon D.Whiting with Burford&Ryburn,L.L.P.(Mayor Sanders) 2) Town Manager Thomas M.Class,Sr.(Mayor Sanders) CONVENED INTO EXECUTIVE SESSION-START TIME—7:33 P.M. RECONVENED INTO REGULAR SESSION-START TIME—10:09 P.M. Town Council Minutes April 23, 2019 Page 4 of 5 RECONVENED INTO REGULAR SESSION 9. Consider and take appropriate action regarding the Executive Session(T.Class). Motion: Motion made by Mayor Sanders, seconded by Council Member Fleury, to direct Simon Whiting to precede with negotiations with Mr. Class and his attorney in reference to a Separation Agreement as discussed in Executive Session. Motion carried unanimously 5-0-0. ADJOURN Mayor Sanders adjourned the meeting at 10:10 p.m. A ' '(ROPY Holly Fimbres,Town Secretary C. Nick Sanders, Mayor Town of Tro. y Club,Texas O 'NNW- 04' co Town of Trophy Club,Texas Town Council Minutes April 23,2019 Page 5 of 5