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Agenda Packet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own CouncilPage 1 of 40Meeting Date: May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own CouncilPage 2 of 40Meeting Date: May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`H`5H@DA YU*. -1 $a/5H4DA5YC1$H/5H4DA\[Y?-;-28a/5H4DANYL!)*>.* X/5H4DA@ YU*. -1 $N/5H3DA4YC1$5\[/5H3DA3YC1$55/5HXD JDK8*>L!G\[YI*<*()*17-"&18*9 !>!:7F8199 *;1 &(7;Z78 $:1$C!7->*7818(!7 17&S17&2<1"(7;9! 8#*!:7!9 !"#$+,-.GAF17&* 25`53`5HXDAYC1$55/ 5HXD  !"#$%& ^-7*5/5HX6 !"!2*&?;*7&1G"&9 K8*>29! U-8- *?;*7&12-"&18*&HNYY5HXG"&9 =:K <:=>L<=RL +!72(&* 17&81W*1"" !" (18*1<8(!7 *;1 &(7;8#*1""!(78>*78!98#*C1$! 6 !*>T &(2<-22(!7!921>*AMGU(>. *2DG ==K <:=>L<<:L +!72(&* 17&81W*1"" !" (18*1<8(!7 *;1 &(7;8#*Z0*<-8()*F*22(!7AMGU(>. *2DG 2BS@EAD T"+/" !"#$!%&'"54,"%!U/!/"&!0"/V/%$0&U/"6/66&!"0"3&6%$66"*60/3"&0/56"46" 4'' /3"-,"0+/"/V46"@*/!".//0&!1"2%0"?M#KQQ=K:N= Town CouncilPage 3 of 40Meeting Date: May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own CouncilPage 4 of 40Meeting Date: May 22, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-218-T Version:1 Name: Type:Agenda Item Status:Executive Session File created:5/8/2018 In control:Town Council On agenda:5/22/2018 Final action: Title: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: Breach of Contract Issues, Procedures, and Claims (D. Dodd) B)Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: North of State Highway 114, east of Trophy Club Drive and west of Town limits (Council Member Shoffner and Council Member Kurtz) C)Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment, evaluation and duties of a public officer or employee: Mayor Pro Tem Attachments: DateVer.Action ByActionResult Agenda Item No. 1: PursuanttothefollowingdesignatedsectionoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen Meetings Act), the Council will convene into executive session to discuss the following: A)Section551.071ConsultationwithAttorneyunderSubsection(2)toconsultwiththeTownAttorneyonamatterin whichthedutyoftheattorneytothegovernmentalbodyundertheTexasDisciplinaryRulesofProfessionalConduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act, specifically: Breach of Contract Issues, Procedures, and Claims (D. Dodd) B)Section551.072DeliberationregardingRealPropertytodiscussordeliberatethepurchase,exchange,lease,or valueofrealpropertyifdeliberationinanopenmeetingwouldhaveadetrimentaleffectonthepositionofthe governmental body in negotiations with a third person: NorthofStateHighway114,eastofTrophyClubDriveandwestofTownlimits(CouncilMemberShoffnerand Council Member Kurtz) C)Section551.074PersonnelMattersunderSubsection(1)todiscussordeliberatetheappointment,evaluation and duties of a public officer or employee: Mayor Pro Tem Town CouncilPage 5 of 40Meeting Date: May 22, 2018 File #:2018-218-T,Version:1 Town CouncilPage 6 of 40Meeting Date: May 22, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-210-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/8/2018 In control:Town Council On agenda:5/22/2018 Final action: Title:Receive Town Manager Class' update and provide input regarding the following (T. Class): ·Community Pool Opening ·Volunteer Appreciation Reception Attachments: DateVer.Action ByActionResult Agenda Item No. 2: Receive Town Manager Class' update and provide input regarding the following (T. Class): Community Pool Opening Volunteer Appreciation Reception Town CouncilPage 7 of 40Meeting Date: May 22, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-211-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/8/2018 In control:Town Council On agenda:5/22/2018 Final action: Title:Receive Town Council Liaison update; discussion of same (H. Fimbres): *Parks and Recreation Board, May 21, 2018 Council Liaison - Council Member Philip Shoffner Attachments: DateVer.Action ByActionResult Agenda Item No. 3: Receive Town Council Liaison update; discussion of same (H. Fimbres): *Parks and Recreation Board, May 21, 2018 Council Liaison - Council Member Philip Shoffner Town CouncilPage 8 of 40Meeting Date: May 22, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-212-T Version:1 Name: Type:Agenda Item Status:Consent Agenda File created:5/8/2018 In control:Town Council On agenda:5/22/2018 Final action: Title:Consider and take appropriate action regarding the Town Council Regular Session Minutes dated May 8, 2018 (H. Fimbres). Attachments:Draft TC Regular Session Minutes May 8, 2018.pdf DateVer.Action ByActionResult Agenda Item No. 4: ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSessionMinutesdatedMay8,2018(H. Fimbres). Town CouncilPage 9 of 40Meeting Date: May 22, 2018 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY, MAY 8, 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, May 8, 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 Rhylan Rowe Mayor Pro Tem, Place 3 Alicia L. Fleury Council Member, Place 1 Eric Jensen Council Member, Place 2 Tim Kurtz Council Member, Place 4 Greg Lamont Council Member, Place 5 Philip Shoffner Council Member, Place 6 STAFF PRESENT: Tom Class Town Manager Jill Lind Communications & Marketing Manager David Dodd Town Attorney Mike Pastor Information Technology Manager Holly Fimbres Town Secretary/RMO Jonathan Phillips Director of Administrative Services Patrick Arata Police Chief Tommy Uzee Director of Community Development Wade Carroll Fire Chief Steve Woodard Police Captain Tony Jaramillo Director of Parks and Recreation John Zagurski Budget Manager Amber Karkauskas Director of Finance Steve Zieverink Information Technology Specialist Mayor Sanders announced the date of Tuesday, May 8, 2018, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Senior Minister Jeff Brooks with Lake Cities Church of Christ. The Pledges to the American Flag and Texas Flag were led by Council Member Lamont. 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. There were no citizen presentations. ANNOUNCEMENTS AND REPORTS 1. Receive Town Manager Class' update and provide input regarding the following (T. Class): Primary Runoff Early Voting – Begins May 14th and runs through May 18th. The closest early voting site for Denton County residents will be at Trophy Club Svore Municipal Building and the closest early voting site for Tarrant County residents will be at Southlake Town Hall. July 4th Celebration – Staff are working with the Stars and Stripes Committee to coordinate the Patriot 5K and Fun Run and the Parade of Patriots. The July 4th webpage has been redesigned with an online registration feature to sign up to participate in the run and parade. Lean Six Sigma Training – Directors and Staff attended a threedayyellow belttraining to improve administrative processes through identification of inconsistencies with operating procedures. As a result, Town CouncilPage 10 of 40Meeting Date: May 22, 2018 selected processes would be identified for improvement, ranked by risks, and would be evaluated for improvement. Staffing – Three (3) Patrol vacancies were filled by Police Cadets that would be attending the North Central Texas Regional Police Academy in June 2018. Bryan Glueck was promoted to Police Sergeant and Jeff Mitchell was hired as a Police Sergeant. The Parks and Recreation Department will be conducting interviews for the vacant Parks Superintendent position and approximately 30 seasonal employees would be hired this summer. 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 24, 2018 (H. Fimbres). 3. Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2018 (A. Karkauskas). 4. Consider and take appropriate action regarding the Mid-Year Financial Report for Fiscal Year 2018 (A. Karkauskas). 5. Consider and take appropriate acting regarding a Resolution of the Town of Trophy Club, Texas, finding that Oncor Electric Delivery Company LLC’s application for approval of a Distribution Cost Recovery Factor pursuant to 16 Tex. Admin. Code §25.243 to increase distribution rates within the Town should be denied; finding that the Town’s Reasonable Rate Case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this Resolution to the Company and Legal Counsel (J. Phillips). 6. Consider and take appropriate action regarding a Joint Resolution establishing an Interjurisdictional Emergency Management Program between the Town of Trophy Club and Denton County; and authorizing the Mayor or his designee to execute all necessary documents (W. Carroll). Council Member Shoffner requested to remove Agenda Item 2 from the Consent Agenda. Motion: Motion made by Council Member Shoffner, seconded by Council Member Jensen, to approve the Consent Agenda Items 3 through 6. Motion passed unanimously 7-0-0. REGULAR SESSION 2. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated April 24, 2018 (H. Fimbres). Council Member Shoffner explained that on page 6, the Main Motion as Amended, specific to Indian Creek Drive, should have included the portion from Lake Forest Drive to Troon Drive. Director of Parks and Recreation Jaramillo confirmed that the Town had been maintaining property that started at Troon Drive. Council Member Shoffner advised that the Council should take action on a future Council agenda to properly identify the correct properties along Indian Creek Drive. Town Council Minutes May 8, 2018 Page 2 of 11 Town CouncilPage 11 of 40Meeting Date: May 22, 2018 Motion: Motion made by Council Member Shoffner, seconded by Council Member Lamont, to approve the Town Council Regular Session Minutes dated April 24, 2018. Motion passed unanimously 7-0-0. 7. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May 2018, as Children's Mental Health Awareness Month in Trophy Club; and providing an effective date (Mayor Sanders). Mayor Pro Tem Rowe read the proclamation into the record. Motion: Motion made by Mayor Pro Tem Rowe, seconded by Council Member Fleury, to approve Proclamation No. 2018- 07, recognizing May 2018, as Children's Mental Health Awareness Month in Trophy Club; and providing an effective date of May 8, 2018. Motion passed unanimously 7-0-0. Sonia Redwine, Director of Health and Mental Health Initiatives with United Way of Denton County, thanked the Council for their recognition of Children’s Mental Health Awareness Month and encouraged those to become involved with their Behavioral Health Leadership team to help raise awareness throughout the year. 8. Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May 13-19, 2018, as Police Week and May 15, 2018, as Peace Officers Memorial Day in Trophy Club; and providing an effective date (Mayor Sanders). Mayor Pro Tem Rowe read the proclamation into the record. Motion: Member Fleuryto approve Proclamation No. 2018- Motion made by Mayor Pro Tem Rowe, seconded by Counci l , 08, recognizing May 13-19, 2018, as Police Week and May 15, 2018, as Peace Officers Memorial Day in Trophy Club; and providing an effective date of May 8, 2018. Motion passed unanimously 7-0-0. Police Chief Arata thanked the Council for recognizing the Police Department and thanked the residents for their continued support. 9. Receive an Annual Report from the Northwest Metroport Chamber of Commerce; discussion of same (T. Class). Sally Aldridge, President of the Northwest Metroport Chamber of Commerce, presented an annual report that included the following: Regional Aerial; Chamber Statistics; Chamber Awards; Mission, Vision, and Value; 2018 Board of Directors; 30th Anniversary; What the Chamber Does for Members; Alliance Development Forum; State of the Communities; Membership Luncheons; Economic Development Initiatives; Regional Advantage; Business Builder Networking Coffee; Ribbon Cuttings; and Business Referral & Community Guide. Mayor Sanders thanked Ms. Aldridge for her service and presentation. No action was taken on this item. Town Council Minutes May 8, 2018 Page 3 of 11 Town CouncilPage 12 of 40Meeting Date: May 22, 2018 10. Receive a presentation from the Trophy Club Women’s Club regarding a proposal for a statue at the Veterans Memorial along with discussion of and take appropriate action regarding the presentation (Mayor Sanders). Alice Murphy, President of the Trophy Club Women’s Club (TCWC), advised that she had several family members who were veterans. This was her third year serving as president and would be her last. She explained that leadership turned over every one to three years and with that, sometimes goals and plans changed. Two TCWC members, who were also veterans, were originally the chairs of the TCWC Veterans Memorial Committee. One of those leaders was Carol Jansen who was injured in a serious vehicle accident; therefore a new leader was appointed. When that leader moved out of Town they tried to pick up the pieces on what had been left incomplete. The next chair presented a larger Memorial that ended up not getting approved by Council. When Ms. Murphy became president, she appointed a new chair to lead the Veterans Memorial Committee to closure specific to the remaining funds that were left in their account that had been donated for the Veterans Memorial. The TCWC were constrained on what they could provide due to the limited amount of funds they had. Then an unsolicited donor came forward and offered funds to complete the project. With this donation, they were able to develop something that TCWC, veterans, and the Town could be proud of. As President, she represented the TCWC and what they supported and desired. Carol Jansen, Vice President of the TCWC, stated that they initially started this process to honor veterans. Their intent now was to use the remaining donor funds to create a memorial to go into the Veterans Memorial. This would allow them to close the account and satisfy the donor wishes. When they first started the process they were unaware of how costly the memorial would be and had trouble locating a reputable sculptor that would be willing to work with their budget. Currently, TCWC has approximately $30,000 and have located an artist who agreed to work with them and their budget, as well as drive the sculpture from New Mexico to Fort Worth Monument to have it placed on a base. These funds were donated for the Veterans Memorial and any donor intent funds had to be used for what they were intended for. The preliminary sketch represented a life size military working dog on a base to honor all veterans. She provided a brief timeline of communications that the TCWC had with the Town in April 2014, May 2015, July 2015, and February 2016. She noted that TCWC was working with the Metroport Veterans Association to tweak the design. Mayor Sanders noted that 10 individuals had signed up to speak; Brian and Laurie Katan, Edwina Miles, Susan Eddins, Rose Kirk, and Regina Artuso filled out a speaker form indicating their support but did not wish to speak; and Sarah Goodrich, Gail Fekel, John and Maryann Dumbleton, and Lynn Dillner sent an email to the Town Secretary advising of their support of the statue. He recognized that several individuals had emailed the Council prior to the meeting in support of the item. Sally Freeman, 2 Katie Lane, supported the TCWC utilizing the remaining designated funds for a monument to be placed in the Military Veterans Memorial to honor veterans. She requested that the Council vote in favor of the item and noted that the TCWC had spent a great deal of time on this project. Teryl Flynn, 417 Ramsey Trail, supported the TCWC utilizing the remaining designated funds for a monument to be placed in the Military Veterans Memorial to honor all veterans. Jim Parrow, 8 Brookfield Court, believed that there was no reason for the Council to vote against placing the monument in the existing Veterans Memorial site. The proposed design, manufacture, and installation would cost the Town nothing and would be paid for and overseen by the TCWC and a team of volunteers, including veterans and residents with the support and assistance from the Metroport Veterans Association. He felt that the Veterans Memorial should not be closed for consideration to add another item to honor a very important member of the military team because changes have consistently been made to the Town parks and other facilities. There was no true repayment to offer veterans who made the ultimate sacrifice for our freedom. Service dogs and their handlers are a living, breathing team and would lay down their lives to save their handler and team. This statue would give two legged and four legged heroes a union together and recognize them both for their sacrifice. As a veteran from Vietnam, he asked that the Council grant the right to move forward and enhance the Veterans Memorial in a respectful and moving matter that honored the service of all veterans. Additionally, he noted that today represented the 73rd anniversary of V-Day. Town Council Minutes May 8, 2018 Page 4 of 11 Town CouncilPage 13 of 40Meeting Date: May 22, 2018 Karl Monger, 192 Durango Drive, thanked the Council for their consideration, the TCWC for their vision, and Jim Parrow for his assistance. He recognized the Gold Star parents of Army Staff Sergeant Bryan Burgess who was killed in Afghanistan seven years ago. He also recognized World War II (WWII) veteran Bill Splichal who survived the Battle of the Bulge. He told a story of himself going to the Veterans Memorial on Memorial Day 2017 where he had the opportunity to educate a young family of the value of military service. He believed that the Veterans Memorial was already a beautiful facility that drew individuals to it but the addition of the statue would be an enhancement that would honor veterans. Bert Miller, 6 Cypress Court, spoke in favor of the memorial as proposed by the TCWC. He felt that the rendering of the military war dog was appropriate. He commented that several soldiers who were in theater of operations were saved by the works of a service dog such as locating improvised explosive devices (IED’s). He encouraged the Council to support the effects of the TCWC because it was a meaningful memorial. Rhonda Labor, 2533 Roseville Drive, Chairman of the Veterans Memorial Committee, requested that the Council allow the addition of the monument at the Veterans Memorial. The monument was multilayered with its symbolism because it honored the military service dogs, wounded veterans, fallen soldiers, and served as a reminder of how precise freedom was along with the high cost of freedom. The monument would honor the veterans and the commitment the TCWC made to their donors. Worth Blake, 244 Oak Hill Drive, stated that he moved to Trophy Club in 1989 and was proud to be a citizen of the Town. He whole heartedly endorsed the work that the TCWC had done and the support they offered to the Metroport Veterans Association. Terry Burgess, 2620 Tarheel in Fort Worth, stated that he and his wife were one of approximately 6,700 Gold Star families that represented Iraq and Afghanistan. He commented that Gold Star parents live in the community and he considered Trophy Club to be their second home. He has spoken at the Veterans Memorial Dedication, had their vehicle in the parade, and would be speaking again at the Memorial Day ceremony. He loved the Town and was in favor of the memorial. Shirley Forgan, 301 Watermere Drive Apartment 103 in Southlake, previously lived in Trophy Club for 10 years before moving to Southlake. She was on the first committee that planned and designed the Memorial and had an engraved brick at the Memorial in honor of her husband. She was saddened to hear that this has been an item of dispute. She stated that it did not matter if a soldier served one day or 40 years because either way they were all veterans. When she first saw the sketch she felt that it only represented the Army but after doing some research she understood the important role that service dogs played. All service dogs are trained at Lackland Air Force Base in San Antonio, Texas where they are trained in search and rescue of bomb detection. All five services utilize service dogs and are all veterans. She proposed changing the Army tradition of boots and helmet to a simple headstone like in all military national cemeteries with the service dogs paw resisting on top of a headstone, and possibly adding each service emblem to the headstone. She stated that only one group should be recognized which were all veterans and this statue honored all veterans. She supported the TCWC and their efforts in planning and designing the memorial. Bill Rose, 219 Inverness Drive, retired Air Force Lieutenant Colonel and Vietnam, Desert Storm, Desert Shield, and Cold War veteran. He supported the concept as illustrated but he felt something was missing and suggested that the helmet, boots, and dog tags should be upgraded to the battlefield cross consisting of an inverted rifle topped by a helmet and identification tags with a pair of boots at the bottom. According to the Smithsonian’s National Museum of American History, the first appearance of the battlefield cross may have been during the Civil War and has become a sacred tradition to memorialize fallen soldiers. The helmet and identification tags signify the dead soldier, the inverted rifle with bayonet signals a time for prayer, and the combat boots represent the final march of the last battle. He believed that the service dog should be shown with its full equipment, lying down with its head or paws on the boots. In summary, he felt that these changes would make a strong and powerful memorial. Town Council Minutes May 8, 2018 Page 5 of 11 Town CouncilPage 14 of 40Meeting Date: May 22, 2018 Main Motion: Main Motion made by Council Member Jensen, seconded by Council Member Kurtz, to direct Town Staff to work with the TCWC to have the monument honoring veterans to be placed at Town Hall. Motion to Amend Motion to Amend made by Council Member Fleury, seconded by Council Member Lamont, to direct Town Staff to work with TCWC for the monument to be placed in the Military Veterans Memorial. Council Member Lamont believed that the monument belonged in the Trophy Club Veterans Memorial Park. The Town has spent approximately $520,000 to construct the site, along with a parking lot, using hotel occupancy tax (HOT) funds. Council Member Shoffner stated that he sent an email to everyone who had written an email to the Council. This project has been one of the most frustrating yet most rewarding projects that he has experienced while serving on Council. He advised that the project had initially been presented to the 2012 Council with a couple of hand drawings of their vision of a simple but elegant memorial, which the concept was approved. On February 9, 2016, the TCWC came before the Council and presented a much larger project to be done in four phases with an estimated cost of $311,000 and only $18,000 had been raised. The Council took action to have the Town complete the original approved design, add a sidewalk to connect with an existing sidewalk, change the mulch to turf, and add a parking lot utilizing HOT funds. The Memorial alone cost the Town $222,125.78 to construct and with the addition of the parking lot the total was $520,849.84 at no cost to the residents because it was paid by HOT funds. He was glad that he made the motion in 2016 to move forward with constructing the Memorial because it was a beautiful site that residents could be proud of. His father, brother, grandfather, and nephew all served in the military. After serving six years and being deployed to Afghanistan and Iraq, his nephew came home and gave him his helmet and did not want to speak about what he had experienced. Thankfully his nephew pursued a career as a firefighter, which now has become his passion. The reason he was going to vote against placing the monument in the Memorial was because the $30,000 could benefit and help veterans like his nephew. The Town potentially fulfilled the obligation to the TCWC donors because the Memorial had been constructed and completed. He believed that the TCWC had the ability to donate the $18,000 to veterans and possibly the $10,000 after conferring with that donor. Several groups seek donations such as Gizmos Gift, Feed the Dogs Project, K9 Soldiers, Mission K9 Rescue, Spikes K9 Fund, United States War Dogs Association, etc. He believed that a great Memorial was already in place and now would be the appropriate time to start helping veterans. Council Member Fleury wanted to focus on the future and she believed that by having a memorial such as this, it would bring greater awareness of military service dogs to the community, which in return could motivate individuals to raise funds to help veterans. The cost to produce and install the monument would be provided by the TCWC and the maintenance could potentially be done by volunteers. She did not believe that people would come to Town Hall to show respect and honor veterans but would instead go to the Veterans Memorial. She commented that Town parks are never technically complete because opportunities are presented for improvements to Town parks, such as shade structures or bocce ball courts. Substitute Motion: Substitute Motion made by Mayor Sanders, seconded by Council Member Fleury, substituting the Main Motion and Motion to Amend with approving the TCWC conceptual design of a monument as presented at the dais to be placed in the Veterans Memorial Park, the TCWC will fully fund the monument, its base and if needed a concrete pad, walking path, and lighting. Upon completion of the installation, the TCWC would transfer ownership to the Town of Trophy Club, effective May 8, 2018. Mayor Sanders wanted to address a couple of items that dealt with ownership and more specific details of approval of the monument. There had been some suggestions to change the proposed monument but the funds were ultimately the TCWC’s. He did not want to confuse the issue with several individuals giving their input on location or specific details they wanted to see incorporated into the monument. Town Council Minutes May 8, 2018 Page 6 of 11 Town CouncilPage 15 of 40Meeting Date: May 22, 2018 Mayor Pro Tem Rowe elaborated on prior remarks made by Council Member Shoffner regarding the February 9, 2016 Council meeting. At that time it was evident to him that there was a broken process in place and the framework required taking private funds, putting together something aesthetically pleasing (yet yielding to the natural emotional form), and have it channeled through the proper fundamentals that have to occur to complete a project. This represented the first time anything significant for this project had been presented to Council and it was clear there was a breakdown. He did not want to change an approved vision for the project and that’s why he supported the motion for the Town to complete the project in 2016. Four years after the concept had been approved in 2012, only $18,000 had been raised and it was evident that the project was not on a path of fruition. His intention of support in 2016 using HOT funds to complete what had been approved was to bring the project to a final conclusion and have it no longer be an instrument of dispute. It was unclear to him what transpired after 2016 for this to again be an instrument of dispute and why the outstanding donor funds had not been applied to the project. He did not want to be drawn into further disputes when his objective was to bring closure to the project. Discussion took place regarding action that the Council had taken at the January 27, 2018 Council Retreat regarding un-engraved pavers with the intent that no other work or modifications be pursued for the Memorial. Further conversation ensued that the TCWC wanted to fulfill their obligation to their donors by installing the monument at the Memorial. Steve Flynn, 417 Ramsey Trail, commented that a decision needed to be made regarding the donated funds of $30,000. He did not understand the purpose of the Main Motion to place the monument at Town Hall. He commented that several supporters were in the audience and that he was in support of the installation of the monument at the Memorial regardless of what transpired in the past. Previous Question: Previous Question made by Mayor Sanders, seconded by Council Member Shoffner, to end debate, allow no further discussion, and take the vote on all pending motions. Previous Question passed unanimously 7-0-0. The vote for the Substitute Motion was taken, substituting the Main Motion and Motion to Amend with approving the TCWC conceptual design of a monument as presented at the dais to be placed in the Veterans Memorial Park, the TCWC will fully fund the monument, its base and if needed a concrete pad, walking path, and lighting. Upon completion of the installation, the TCWC would transfer ownership to the Town of Trophy Club, effective May 8, 2018. Substitute Motion failed for lack of majority 3-4-0, with Mayor Sanders and Council Members Fleury and Lamont voting for, and with Mayor Pro Tem Rowe and Council Members Jensen, Kurtz, and Shoffner voting against. Mayor Pro Tem Rowe asked what TCWC’s intention was moving forward with their engagement with the Veterans Memorial if the Motion to Amend were to be approved to install the monument, which would satisfy their requirements how to use their donor funds. Ms. Murphy responded that the TCWC would walk away and would be done with the Veterans Memorial because they would be allowed to close their account on the outstanding funds. Mayor Pro Tem Rowe posed the question what if someone approached the TCWC in 2021 with another donation for a statue. Ms. Murphy responded that their bylaws would be amended and the Veterans Memorial Committee would be dissolved. They would refer that donor to the Metroport Veterans Association. She commented that the TCWC desired to be done with this project. Although a worthy cause, their donor intent was not to give to a veteran’s organization but instead to be applied to the Veterans Memorial. She noted that they do receive grant requests but have not received anything from a veteran’s organization. Town Council Minutes May 8, 2018 Page 7 of 11 Town CouncilPage 16 of 40Meeting Date: May 22, 2018 Mayor Pro Tem Rowe asked representatives with the Metroport Veterans Association how they intended to move forward with the Veterans Memorial because the issue at hand was lapse of the structure in processes. Mr. Monger responded that the Metroport Veterans Association was not a legal entity and was sponsored by a nonprofit organization. They did not intend to add, increase, or pursue building anything in the Veterans Memorial. They use their donor funds to create relationships. Additionally, he explained his initial hesitation to the monument was because he was unaware of the true meaning behind it. Discussion took place if it would be illegal for the TCWC to reallocate their donor funds to help veterans if the Veterans Memorial obligation had been fulfilled. Ms. Murphy advised that some of the funds raised when Connie White was seeking donations may have come from T-shirt sales and the pursuit of donations. Ms. Murphy had previously been informed that the purpose for TCWC coming before the Council in 2016 was because if they were going to do a larger project, they needed the backing from the Town before they could seek additional funds. She added that as a 501(c)(3), TCWC could not designate the funds they received to be applied somewhere else, such as paying the Town back for constructing the Veterans Memorial, giving the funds to a veterans support group, or funding the memorial to be placed at Town Hall because the funds were donated with the intent that it be applied to the Veterans Memorial. Mayor Pro Tem Rowe spoke on how the process had been broken when funds were being sought for a design that had not been approved by the Council. Ms. Murphy added that the TCWC would not come before the Town again regarding the Veterans Memorial if the Council approved the $30,000 monument to be placed at the Veterans Memorial. Mayor Pro Tem Rowe requested that the TCWC avoid having a headstone, as suggested earlier in the discussion, because it would be in front of an elementary school. Ms. Murphy responded that would not be her personal preference but she would represent the desire of the TCWC. Lynda Sanders, 7 Hayes Court, stated that when she initially signed up to speak she was attempting to clarify details from the 2016 Council meeting regarding discussion around what could be done to try to do something for the good of the Town. That was the same reason so many attended this meeting tonight was to express their desire to the Council to have the monument at the Veterans Memorial. She agreed with Mr. Parrow and encouraged the Council to vote in favor of this item because it would not cost the Town any additional funds. Council Member Lamont commented that the Veterans Memorial was a park and therefore was continuously evolving because there could be potential in the future for an individual to present another concept of a statute to another Council. Council Member Fleury concurred with Council Member Lamont that there could be opportunity for another group to come before the Council in the future to request consideration of something else to be installed. Mayor Pro Tem Rowe inquired if the Council was being asked to take a vote on the sketch that was currently before the Council because he wanted to ensure that the form of the monument would be as represented when it would be installed. Ms. Murphy responded that there would be some minor alterations, such as the service dog possibly wearing a flak jacket, but the monument would resemble what was presented. The predicament that the TCWC was in was that their artist wanted a contract signed and requested 10 percent upfront; therefore the TCWC could not move forward until the Council approved the conceptual design. Council Member Shoffner preferred that the donated funds be earmarked to help veterans but he now understood the dilemma that the TCWC were faced with. With that in mind, the specifics of the monument should be addressed such as the location. He wanted to point out that the Council cared greatly for veterans, which was why they voted for the Town to take over the project in 2016. Town Council Minutes May 8, 2018 Page 8 of 11 Town CouncilPage 17 of 40Meeting Date: May 22, 2018 Council Member Jensen commented that his grandfather was a WWII veteran and that the Metroport Veterans Association has used his truck and trailer the past two years in the July 4th parade. He appreciated the service of veterans and that was a reason he made the Main Motion at the January 27, 2018 Council Retreat to proceed with having the remainder of the un-engraved pavers engraved. He felt that the monument was beautiful and should be placed at Town Hall since he believed that the Veterans Memorial was already a completed project. He thought that more people would view the monument at Town Hall. Council Member Kurtz remarked that the Council supported veterans, which was why they voted to have to Town complete the project in 2016. He explained that the Council does their due diligence to represent the residents to the best of their ability and at times organizations come before them for approval of projects that have been the heat of controversy, such as the Community Garden. He added that his father, uncles, and father-in-law were all veterans. Mayor Pro Tem Rowe acknowledged that the TCWC leadership was attempting to bring this project to completion so that they could focus their attention elsewhere in the community. Substitute Motion: Substitute Motion made by Council Member Lamont, seconded by Council Member Fleury, substituting the Main Motion and Motion to Amend with approving the TCWC conceptual design of a monument as presented at the dais to be placed in the Veterans Memorial Park, the TCWC will fully fund the monument, its base and if needed a concrete pad, walking path, and lighting. Upon completion of the installation, the TCWC would transfer ownership to the Town of Trophy Club, effective May 8, 2018. Council Member Shoffner supported the motion since the TCWC needed closure to satisfy their obligation to their donors and provided the ability to complete the project. Mayor Sanders inquired from the Town Attorney if the TCWC could provide the Town with any remaining funds after the monument was completed. Town Attorney Dodd responded that he would have to review the information but it could possibly be done for specific things for the Veterans Memorial such as light bulbs or maintenance. Council Member Shoffner inquired about the location where the monument would be installed. Ms. Jansen responded that they would be open to suggestions for the best location so that it did not inhibit existing elements. Motion to Amend: Motion to Amend made by Council Member Jensen, seconded by Mayor Pro Tem Rowe, to allow the TCWC to choose the location of the monument. Ms. Jansen advised that they would be working in conjunction with the Metroport Veterans Association. Ms. Forgan spoke again and stated that the amendment was the only sensible thing she had heard and wanted to see the Council come to an agreeance. Mayor Sanders pointed out that based on the Motion to Amend, it would be up to the TCWC to determine the best location for the monument. The vote for the Motion to Amend was taken, to allow the TCWC to choose the location of the monument. Motion to Amend passed unanimously 7-0-0. Town Council Minutes May 8, 2018 Page 9 of 11 Town CouncilPage 18 of 40Meeting Date: May 22, 2018 The vote for the Substitute Motion as Amended was taken, substituting the Main Motion and Motion to Amend with approving the TCWC conceptual design of a monument as presented at the dais to be placed in the Veterans Memorial Park, the TCWC will fully fund the monument, its base and if needed a concrete pad, walking path, and lighting. Upon completion of the installation, the TCWC would transfer ownership to the Town of Trophy Club, effective May 8, 2018; and to allow the TCWC to choose the location of the monument. Substitute Motion as Amended carried 6-1-0, with Mayor Sanders, Mayor Pro Tem Rowe, and Council Members Kurtz, Lamont, and Shoffner voting for, and with Council Member Jensen voting against. The vote for the Main Motion as Substituted was taken, substituting the Main Motion and Motion to Amend with approving the TCWC conceptual design of a monument as presented at the dais to be placed in the Veterans Memorial Park, the TCWC will fully fund the monument, its base and if needed a concrete pad, walking path, and lighting. Upon completion of the installation, the TCWC would transfer ownership to the Town of Trophy Club, effective May 8, 2018; and to allow the TCWC to choose the location of the monument. Main Motion as Substituted passed unanimously 7-0-0. RECESSED AT 9:32 P.M. FOR A BREAK RECONVENED AT 9:40 P.M. INTO REGULAR SESSION (Town Secretary Note: Council Member Fleury became ill and left the meeting) 11. Discussion of items for Future Agendas to include agenda items for consideration on the May 16, 2018 and May 22, 2018 Council agendas and items from the Town Council Future Agenda Items list (H. Fimbres). This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Council Member Shoffner requested to add an agenda item to the May 22, 2018 Council agenda to receive an update from Town Staff and take appropriate action regarding Town maintained property with acquisition potential for adjacent property owners, specific to the Indian Creek area. Council Member Jensen supported the item to be added. EXECUTIVE SESSION 12. 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: Breach of Contract Issues, Procedures, and Claims (D. Dodd) B) Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: North of State Highway 114, east of Trophy Club Drive and west of Town limits (Council Member Shoffner and Council Member Kurtz) CONVENED INTO EXECUTIVE SESSION - START TIME – 9:44 P.M. RECONVENED INTO REGULAR SESSION - START TIME – 10:05 P.M. Town Council Minutes May 8, 2018 Page 10 of 11 Town CouncilPage 19 of 40Meeting Date: May 22, 2018 RECONVENED INTO REGULAR SESSION 13. Consider and take appropriate action regarding the Executive Session (H. Fimbres). No action was taken on this item. ADJOURN Mayor Sanders adjourned the meeting at 10:06 p.m. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes May 8, 2018 Page 11 of 11 Town CouncilPage 20 of 40Meeting Date: May 22, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-213-T Version:1 Name: Type:Agenda Item Status:Consent Agenda File created:5/8/2018 In control:Town Council On agenda:5/22/2018 Final action: Title:Consider and take appropriate action regarding the Town Council Special Session Minutes dated May 16, 2018 (H. Fimbres). Attachments:Draft TC Special Session Minutes May 16, 2018.pdf DateVer.Action ByActionResult Agenda Item No. 5: ConsiderandtakeappropriateactionregardingtheTownCouncilSpecialSessionMinutesdatedMay16,2018(H. Fimbres). Town CouncilPage 21 of 40Meeting Date: May 22, 2018 TOWN OF TROPHY CLUB TOWN COUNCIL SPECIAL SESSION MINUTES WEDNESDAY, MAY 16, 2018, 9:15 A.M. LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS COUNCIL CHAMBERS The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Wednesday, May 16, 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 Rhylan Rowe Mayor Pro Tem, Place 3 Tim Kurtz Council Member, Place 4 Greg Lamont Council Member, Place 5 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Alicia L. Fleury Council Member, Place 1 Eric Jensen Council Member, Place 2 STAFF PRESENT: Tom Class Town Manager Jill Lind Communications & Marketing Manager David Dodd Town Attorney Mike Pastor Information Technology Manager Holly Fimbres Town Secretary/RMO Jonathan Phillips Director of Administrative Services Mayor Sanders announced the date of Wednesday, May 16, 2018, called the Town Council to order and announced a quorum at 9:15 a.m. 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. There were no citizen presentations. SPECIAL SESSION 1. Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Town’s Special Election held on May 5, 2018 for the purpose of holding a Continuation Referendum for the Trophy Club Crime Control and Prevention District and holding a Reauthorization Election for the sales tax for Street Maintenance; and providing an effective date (H. Fimbres). Motion: Motion made by Council Member Lamont, seconded by Mayor Pro Tem Rowe, to approve Ordinance No. 2018-10, canvassing the returns and declaring the results of the Town’s Special Election held on May 5, 2018 for the purpose of holding a Continuation Referendum for the Trophy Club Crime Control and Prevention District (Proposition A) and holding a Reauthorization Election for the sales tax for Street Maintenance (Proposition B); and providing an effective date of May 16, 2018. Motion passed unanimously 5-0-0. The majority of the votes cast were in favor of Proposition A with 317 votes for and 93 votes against. The majority of the votes cast were in favor of Proposition B with 348 votes for and 64 votes against. Town CouncilPage 22 of 40Meeting Date: May 22, 2018 Mayor Sanders stated that the canvassing for the Town’s May 5, 2018 Special Election had now been concluded and should be reflected in the minutes. ADJOURN Mayor Sanders adjourned the meeting at 9:18 a.m. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Special Session Minutes May 16, 2018 Page 2 of 2 Town CouncilPage 23 of 40Meeting Date: May 22, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-208-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/8/2018 In control:Town Council On agenda:5/22/2018 Final action: Title:Administration of Oath of Office and presentation of Certificate of Election to Rhylan Rowe, Council Member Place 3 (H. Fimbres). Attachments:Statement of Appointed Officer - Rhylan Rowe.pdf Oath of Office - Rhylan Rowe.pdf Certificate of Election - Rhylan Rowe.pdf DateVer.Action ByActionResult Agenda Item No. 6: AdministrationofOathofOfficeandpresentationofCertificateofElectiontoRhylanRowe,CouncilMemberPlace3(H. Fimbres). Town CouncilPage 24 of 40Meeting Date: May 22, 2018 STATEMENT OF APPOINTED OFFICER I, Rhylan Rowe, do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employmentfor the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. Town of Trophy Club Town Council, Council Member Place 3 ______________________________________ Rhylan Rowe Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated therein are trueon this 22ndday of May 2018. ______________________________________ Mark D. Chambers, Municipal Court Judge Town CouncilPage 25 of 40Meeting Date: May 22, 2018 OATH OF OFFICE In the name and by the authority of THE STATE OF TEXAS I, Rhylan Rowe, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Trophy Club Town Council, Council Member Place 3, of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. ______________________________________ Rhylan Rowe SWORN TO AND SUBSCRIBED before me this 22nd day of May 2018. ______________________________________ Mark D. Chambers, Municipal Court Judge Town CouncilPage 26 of 40Meeting Date: May 22, 2018 CERTIFICATE OF ELECTION IN THE NAME AND BY THE AUTHORITY OF TOWN OF TROPHY CLUB, TEXAS This is tocertifythat a General Election scheduled to be held on May 5, 2018 was canceled in accordance with Section 2.053of the Texas Election Code. Rhylan Rowe WAS DECLARED ELECTED Council Member Place 3 IN TESTIMONY WHEREOF, I HAVE HEREUNTO SIGNED MY NAME AND CAUSED THE SEAL OF TROPHY CLUB, TEXAS TO BE AFFIXED, THIS 22nd DAY OF MAY2018. _________________________________________ Mayor C. Nick Sanders Presiding Officer of Canvassing Authority Town CouncilPage 27 of 40Meeting Date: May 22, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-209-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/8/2018 In control:Town Council On agenda:5/22/2018 Final action: Title:Remarks to and from Rhylan Rowe, Council Member Place 3 (H. Fimbres). Attachments: DateVer.Action ByActionResult Agenda Item No. 7: Remarks to and from Rhylan Rowe, Council Member Place 3 (H. Fimbres). Town CouncilPage 28 of 40Meeting Date: May 22, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-221-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/10/2018 In control:Town Council On agenda:5/22/2018 Final action: Title:Receive an update from Town Staff and take appropriate action regarding Town maintained property with acquisition potential for adjacent property owners (Council Member Shoffner and Council Member Jensen). Attachments:Staff Report - Property Maintenence.pdf Indian Creek shoulder.png The Woods properties.png DateVer.Action ByActionResult Agenda Item No. 8: ReceiveanupdatefromTownStaffandtakeappropriateactionregardingTownmaintainedpropertywithacquisition potential for adjacent property owners (Council Member Shoffner and Council Member Jensen). Town CouncilPage 29 of 40Meeting Date: May 22, 2018 To: Mayor and Town Council From:Tony Jaramillo, Parks and Recreation Director CC: Thomas M. Class Sr., Town Manager Holly Fimbres, Town Secretary/RMO Re: Update on Town maintained property with acquisition potential Town Council Meeting, May 22, 2018 Agenda Item: Receive an update from Town Staff and take appropriate action regarding Town maintained property with acquisition potential for adjacent property owners (Council Member Shoffner and Council Member Jensen). Background and Explanation: During the April 24, 2018 Council meeting staff was provided direction to seek to acquire The Woods property adjacent Trophy Club Drive; excluding the brick wall, which is currently being maintained by Parks staff in exchange for the continued maintenance of said property. Likewise, staff was provided direction to seek to acquire property along Indian Creek Drive behind Cypress Court (from the edge of 2 Lake Forest Drive to the Hogan’s Glen property); excluding the fence, which is currently being maintained by Parks staff in exchange for the continued maintenance of said property. Additionally, staff was directed to convey to the property owners that should they approve the acquisition of the property in exchange for continued maintenance, the Town would pay all legal, surveying, and platting fees associated with the transaction. During the May 8, 2018 Council meeting, Council Member Shoffner requested additional specificity with regard to the impacted propertieslocated along Indian Creek Drive. Based upon a review of aerial photographs, staff will seek to acquire the property along Indian Creek Drive, more specifically described as adjacent to: 1.2 Troon Drive 2.11 Muirifield Court 3.13 Muirifield Court Page 1 of 2 Town CouncilPage 30 of 40Meeting Date: May 22, 2018 4.14 Muirifield Court 5.1 Cypress Court 6.2 Cypress Court 7.4 Cypress Court 8.11 Colonial Court 9.12 Colonial Court 10.14 Colonial Court Staff will also seek to acquire the The Woods property along Trophy Club Drive, more specifically described as adjacent to: 1.1 Michelle Court 2.7 Michelle Court 3.9 Jennifer Court 4.10 Jennifer Court 5.11 Jennifer Court Parks staff will continue to maintain the impacted property until resolution of this matter. Financial Considerations: Should theowners approve the acquisition of the referenced property in exchange for continued maintenance, the Town would pay all legal, surveying, and platting fees associated with the transaction. Legal Review: Upon approval by Council, legal review will take place and offerletters mailed to the property owners. Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends acquisition of the referenced property in exchange for continued maintenance, and approval to pay all legal, surveying, and platting fees associated with the transaction. Attachments: Aerial map of the properties along Indian Creek Drive Aerial map of the properties along The Woods Page 2 of 2 Town CouncilPage 31 of 40Meeting Date: May 22, 2018 2018 22, May Date: Meeting of 40 32 Page Council Town 2018 22, May Date: Meeting of 40 33 Page Council Town Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-217-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/8/2018 In control:Town Council On agenda:5/22/2018 Final action: Title:Discussion of items for Future Agendas to include agenda items for consideration on the June 12, 2018 Council agenda and items from the Town Council Future Agenda Items list (H. Fimbres). A)Item No. 1 - Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on and the maintenance building by the Wastewater Treatment Plant. (Lamont 11/10/2015) (1-February 9, 2016) (2-May 10, 2016) (3-August 9, 2016) (4-November 8, 2016) (5-February 14, 2017) (6-May 23, 2017) (7-May 22, 2018) B)Item No. 3 - 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) Attachments:June 12, 2018 Proposed Agenda.pdf Items for Future Agendas updated 04-11-2018.pdf DateVer.Action ByActionResult Agenda Item No. 9: DiscussionofitemsforFutureAgendastoincludeagendaitemsforconsiderationontheJune12,2018Councilagenda and items from the Town Council Future Agenda Items list (H. Fimbres). A)ItemNo.1-ReviewnegotiatingwiththeTrophyClubMunicipalUtilityDistrictNo.1totransferthetitlefortheland thattheAnnexBuildingisbuiltonandthemaintenancebuildingbytheWastewaterTreatmentPlant.(Lamont 11/10/2015)(1-February9,2016)(2-May10,2016)(3-August9,2016)(4-November8,2016)(5-February14,2017) (6-May 23, 2017) (7-May 22, 2018) B)ItemNo.3-ReceiveanupdatefromTownStaffregardingEntrywayMonumentationandLandscapingforthe Town of Trophy Club. (Sanders 2/27/2018) (1-May 22, 2018) Town CouncilPage 34 of 40Meeting Date: May 22, 2018 Meeting Date: June 12, 2018 Regular Session Start Time 7:00 p.m. Announcements & Reports No. Receive Town Manager Class' update and provide input regarding the following (T. Town Mgr 1 Class): Receive Town Council Liaison update; discussion of same (H. Fimbres): 2Town Sec STAFF No. ConsentRESORDPROCFile IDDept RPT ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSession 3Town Sec Minutes dated May 22, 2018 (H. Fimbres). Considerandtakeappropriateactionregardingthefinancialandvariancereport 4Finance dated April 2018 (A. Karkauskas). STAFF No. Regular SessionRESORDPROCFile IDDept RPT Administration of Oath of Office and presentation of Certificate of Election to Tim 5Town Sec Kurtz, Council Member Place 4 (H. Fimbres). Remarks to and from Tim Kurtz, Council Member Place 4 (H. Fimbres). 6Town Sec Receive the Mayor's State of the Town Address; discussion of same (Mayor 7Town Sec Sanders). Consider and take appropriate action regarding a modification to Code of Ordinances Sec 8.02.003 “Declaration of nuisance,” such that all activity on Sunday 8Town Mgr is treated the same as on Monday through Saturday (Mayor Pro Tem Rowe and Council Member Jensen). Consider and take appropriate action regarding a modification to Code of Ordinances Sec 2 “Animal Control” such that registration of household pets is no 9Town Mgr longer required (Mayor Pro Tem Rowe and Council Member Jensen). Receive an update from Staff regarding the upcoming July 4th Celebration; 10Parks discussion of same (T. Jaramillo). Consider and take appropriate action regarding Supplement items (A. Karkauskas). 11Finance Consider and take appropriate action regarding appointing three (3) Council Members to a Council Subcommittee formed for the purpose of providing fiduciary 12Town Sec oversight of the budget, as well as providing input regarding the administration of the budget and the budget process (H. Fimbres). ConsiderandtakeappropriateactionregardingappointingtheMayorandtwo(2) 13Town Sec Council Members to the Town Council Appointments Committee (H. Fimbres). STAFF No. Upcoming Agenda & Council Future Agenda Items List UpdateRESORDPROCFile IDDept RPT Discussion of items for Future Agendas to include agenda items for consideration on the June 26, 2018 Council agenda and items from the Town Council Future 14Town Sec Agenda Items list (H. Fimbres). STAFF No. Executive SessionRESORDPROCFile IDDept RPT Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into 15Town Sec executive session to discuss the following: Town CouncilPage 35 of 40Meeting Date: May 22, 2018 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 A the State Bar of Texas clearly conflicts with the Texas Open Meetings Act, specifically: Breach of Contract Issues, Procedures, and Claims (D. Dodd) 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 B meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: North of State Highway 114, east of Trophy Club Drive and west of Town limits (Council Member Shoffner and Council Member Kurtz) STAFF No. Regular SessionRESORDPROCFile IDDept RPT Consider and take appropriate action regarding the Executive Session (H. Fimbres). 16Town Sec Town CouncilPage 36 of 40Meeting Date: May 22, 2018 Town Council Future Agenda Items List (Updated 04/11/2018) 1. *Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on and the maintenance building by the Wastewater Treatment Plant. (Lamont 11/10/2015) (1-February 9, 2016)(2-May 10, 2016) (3-August 9, 2016) (4-November 8, 2016) (5-February 14, 2017) (6-May 23, 2017) (7-May 22, 2018) *Discussion after May 2018 election 1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer regarding the Annex Building. 5/10/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 8/9/2016 - Mayor Sanders advised that several items have taken precedence and that this item can remain on the list until the applicable time to deal with it. 9/19/2016 – This item was scheduled to be placed on a future Joint Meeting agenda, tentatively for January 2017, with the TCMUD No. 1 Board of Directors. 11/8/2016 – Council consensus was to leave this item on the Future Agenda Items list. 2/20/2017 – Council moved this item to be discussed during the February 25, 2017 Council Retreat. 3/28/2017 – Mayor Sanders added the maintenance building by the Wastewater Treatment Plant to this item. 5/23/2017 - Mayor Sanders advised that his intent was that the Annex Building would be utilized for Town storage after Staff relocated into the new Town Hall facility . 2. 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) 6/14/2016 – Mayor Sanders advised that when the sound wall along State Highway 114 is installed, this item would assist with shrubbery and landscaping through a grant application. 9/13/2016 – Mayor Sanders received consensus to leave this item due to the upcoming construction of the sound wall. Town Manager Seidel advised that it could be accomplished through a tri-city partnership with Westlake and Roanoke. 12/13/2016 – Council consensus was to leave this item on the Future Agenda Items list. 3/28/2017 – Mayor Sanders advised that he wanted to pursue moving forward with this item because this grant greatly assisted with the beautification of Davis Boulevard through the Town of Westlake. 6/13/2017 – Mayor Sanders requested to delay this item for an updatebecause the Metroport Cities Partnership was attempting to secure a Regional Green Ribbon Grant for the beautification of the State Highway 114 corridor through Westlake, Trophy Club, North Lake, and Roanoke. 9/12/2017 – Mayor Sanders advised that the next Metroport Cities Partnership meeting was scheduled for September 21, 2017 and this item was on their agenda to be discussed. 9/26/2017 – Mayor Sanders advised that Metroport Cities Partnership would be moving forward with a grant application for beautification. 12/12/2017 – Mayor Sanders advised that there was currently no new information to provide. Page 1 of 2 Town CouncilPage 37 of 40Meeting Date: May 22, 2018 4/10/2018 – Mayor Sanders attended a Texas Department of Transportation meeting where the following topics were discussed: construction of feeder roads along the highway that did not currently exist; installation of a Texas U-turn at Solana Boulevard and Kirkwood Boulevard; changing exit and entrance directions; and installation of irrigation equipment 3. 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) Page 2 of 2 Town CouncilPage 38 of 40Meeting Date: May 22, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-219-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/8/2018 In control:Town Council On agenda:5/22/2018 Final action: Title:Consider and take appropriate action regarding the appointment of the Mayor Pro Tem; discussion of same (H. Fimbres). Attachments: DateVer.Action ByActionResult Agenda Item No. 10: Consider and take appropriate action regarding the appointment of the Mayor Pro Tem; discussion of same (H. Fimbres). Town CouncilPage 39 of 40Meeting Date: May 22, 2018 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2018-220-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/8/2018 In control:Town Council On agenda:5/22/2018 Final action: Title:Consider and take appropriate action regarding the Executive Session (H. Fimbres). Attachments: DateVer.Action ByActionResult Agenda Item No. 11: Consider and take appropriate action regarding the Executive Session (H. Fimbres). Town CouncilPage 40 of 40Meeting Date: May 22, 2018