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Minutes TC 04/14/2015MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, April 14, 2015 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, April 14, 2015. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Holly Fimbres Town Secretary/RMO Steven Glickman Assistant Town Manager/CFO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Pat Cooke Development Services Manager Donnie Hurd Interim Fire Chief/Assistant Fire Marshal April Reiling PIO/Marketing Manager Ron Ruthven Interim Town Planner John Zagurski Strategic Services Coordinator Mayor Sanders announced the date of Tuesday, April 14, 2015, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Council Member Parrow. The Pledges were led by Mayor Pro Tem Lamont. (Town Secretary Note: The agenda items were presented in the following order: Item No. 13, Item No. 14, Item No. 15, Item No. 1, Item No. 2, Item No. 3, Item No. 4, Citizen Presentations, Consent Agenda, Item No. 10, Item No. 11, Item No. 12, Item No. 16, Item No. 17, Item No. 18, Item No. 19, Item No. 20, Item No. 21, Item No. 22, Item No. 23, Item No. 24, and Item No. 25) WORKSHOP SESSION 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 14, 2015. There was no discussion. Town Council Minutes April 14, 2015 Page 1 of 100 2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the April 28, 2015 meeting. Mayor Pro Tem Lamont inquired about the Interlocal Agreement with the Town of Westlake. Town Manager Seidel stated that Westlake approached the Town regarding partnering with them to place illuminated signs along State Highway 114. This item would be to see if Town Council wishes to participate, and Town Staff are currently reviewing placement of the signs on Trophy Club Drive and State Highway 114. Council Member Rowe inquired if the animal ordinance is what the Town Council had tasked the Animal Shelter Board with. Police Chief Arata stated yes and that a portion of the ordinance will be regarding chickens. Discussion took place that this item should not be on the consent agenda in order to allow discussion. Mayor Sanders asked why the round -about general signage item is coming back when they had already dealt with that recently. Town Manager Seidel stated that at the February 24, 2015, Town Council meeting, Council Member Parrow had presented the signage portion and Town Staff said they would meet with Town Engineer Tom Rutledge to review options to eliminate excess signage while still providing a safe environment in the round -about. This item will be for Town Staff to present recommendations for the Town Council to consider. Mayor Sanders noted that Town Attorney Adams' annual evaluation was moved from tonight's executive session to April 28, 2015. Discussion regarding amendments to the contract between the Town and TCR Youth Baseball Association, including tournaments, to be effective January 2016. Attachment A — TCRYBA Presentation John Watson, President of the Trophy Club -Roanoke Youth Baseball Association (TCRYBA), thanked the Town Council for the opportunity to present this item and stated that the reason why they are here is to allow kids to play baseball. He provided a presentation that included the TCRYBA: • League Rules - designed where everyone gets to play and gets equal opportunity, there is a coach conduct policy, and they have to clear a background check; • Out of Area Fees - have increased from $10 to $20; • Tournaments - after 2015 the league has little interest in hosting tournaments, they do not have the man power or time to continue it. They do plan to keep the All-Star Tournament at the end of June each year, and the Byron Nelson High School Baseball Benefit Tournament; • Practice Space Allocation - this year and moving forward, they will pass around a practice sheet request form and Select teams will pick one practice slot first, then the Rec teams will pick a week day and weekend day practice slot, and what is leftover should go back to the Select teams. It has been a challenge because of the number of teams and rain outs play a huge factor fulfilling their obligations game wise. Council Member Parrow asked if the Roanoke is providing equal practice space compared to Trophy Club (TC). Mr. Watson stated that TC is not the sole practice facility and that Roanoke has four fields and TC has seven. He noted that they do not use Indy East for practice and that it is used for games only, but there are three T -ball Town Council Minutes April 14, 2015 Page 2 of 100 practice spaces there that they utilize. Roanoke does accommodate girl's softball which takes up about three to four practice slots during the week. Roanoke has 17 slots available for baseball during the week, and TC has about double that right now. Council Member Rowe asked if the four fields in Roanoke are game only. Mr. Watson stated they are not. Council Member Rowe asked if the practice fields being utilized are all full diamond fields, aside from the T -ball fields. Mr. Watson stated that they are and he noted that he has been approached by the Chadwick Farms neighborhood in Fort Worth and that they are going to start an organization to begin an appeal process to propose building practice fields at that park. Council Member Reed asked if any TC fields are being utilized for softball. Mr. Watson stated that they are not, and that all the girls' softball is in Roanoke. Parks and Recreation Director Adams noted that TC Field No. 4 was a softball field and then it was converted to a baseball field after they picked up the older baseball divisions and Roanoke picked up girls softball. Mr. Watson stated that Select is not getting preference over Rec and that they are both very important. He continued his presentation regarding Capacity Cap, and he provided Spring 2015 registration statistics for Recreation and Select, including out of area numbers. Council Member Rowe asked if he had the numbers split for TC and Roanoke. Mr. Watson stated that he had the numbers by divisions. Mayor Pro Tem Lamont stated that appears that for Rec, Roanoke is 96 and TC is 252. Mr. Watson continued his presentation and provided Spring 2015 and proposed Spring 2016 statistics for U5 Beginner T -Ball, U6 Advanced T -Ball, and U7 Coach Pitch. He stated that there are 30 weekday practice slots available for T -ball, and that this spring they are only using 18. Parks and Recreation Director Adams pointed out that the capacity is based on the next registration cycle and that TC and Roanoke players will get to register first. Mr. Watson stated that they will have an exclusive period for TC and Roanoke players, and if there is space left over, they will open up registration to anyone else who wants to join the league. They will have to look into their bylaws and their 501c3 limitations, which may not be allow them to make registration completely exclusion. Council Member Rowe asked that when Council discusses capacity, they do not focus on the Town perspective on the number of kids but focus on times and field availability. Mr. Watson noted that he based his numbers on practice space during the week. He continued with Spring 2015 statistics and proposed Spring 2016 statistics for U8 Coach Pitch and U10 Kid Pitch, which is combined with U9. Council Member Kurtz inquired if the amount of practice space is based on Monday through Friday. Mr. Watson stated that they are proposing to close Indy West from Monday to Sunday, which allows them to have more practice space, but this would not apply to Field No. 4, which would remain closed on Monday. This is based Town Council Minutes April 14, 2015 Page 3 of 100 on Roanoke being closed all day on Tuesday for their watering recovery day, adult softball all on Friday, two fields are dedicated for softball on Monday nights, and Saturdays are wide open when there are no games. He continued his presentation and provided Spring 2015 statistics and proposed Spring 2016 statistics for U12 Kid Pitch and U14 Kid Pitch. Additionally, he provided statistics of practice spaces available and needed for the divisions. Council Member Shoffner asked if he was saying they have 55 practice slots available but 51 slots are needed. Mr. Watson stated that 51 slots are what he based the plan on, which allows flexibility. Council Member Shoffner inquired if he had a guarantee from Roanoke that those slots are available. Mr. Watson stated that he met with City Manager Scott Campbell and Director of Parks and Recreation Ronnie Angel and they said they would give him the same amount of practice slots as the previous year. Council Member Shoffner stated that was based on a verbal agreement and asked what security he had if something happened with one of the fields. Mr. Watson stated that at some point in time a field will have to be closed, and they will have to make the necessary adjustments. Roanoke told them that they would work with them, but they are not interested in having a contract. Council Member Shoffner stated that it would be nice to have a guarantee to have those slots available because if something happens then it seems TC would incur that pressure. Mayor Pro Tem Lamont asked if he thought it would be a good idea to get the four entities together (baseball, kickball, TC and Roanoke). Mr. Watson stated that he is open to meet with everyone and stated that he met with Roanoke last week. Mayor Sanders reminded the Council that the purpose of tonight is to deal with future changes of the agreement. Council Member Reed stated that he views these areas as parks that the citizens own and pay for. He asked if there are opportunities for the resident kids to go to the parks and play during baseball season. Mr. Watson stated that there is and it happens often, and that practice starts at 5:30 p.m. and ends at 9 p.m. Parks and Recreation Director Adams stated that the schedules are posted and pick up play is not a problem but organized play is discouraged. Council Member Parrow asked that since there is no agreement with Roanoke and they have two nights for adult field usage, should TC look into adult field usage. Parks and Recreation Director Adams stated that they are not set up for adults and that they converted the only field that could be adult to a baseball field. He stated that there are a number of TC residents that play softball and Roanoke manages the youth softball leagues. Town Manager Seidel stated that both Hurst and North Richland Hills have softball leagues and there are TC residents that play in their leagues. Mr. Watson summarized what they are proposing which is moving forward to offer an exclusive period for registration for TC and Roanoke residents, and have a cap on the capacity to meet their practice space needs in Town Council Minutes April 14, 2015 Page 4 of 100 order to provide a week day practice slot for each team. Additionally, they are proposing no tournaments past this year, other than the All-Star Tournament that they would run and host. Mayor Sanders asked about the fee for residents versus out of area players. Mr. Watson stated that the fee was $10 for everybody until the last agreement, and now it is $20 for non residents only. Mayor Sanders asked if TCRYBA is not continuing tournament sponsoring, then is the Town considering including that as part of a Parks 2016 program. He feels that tournaments increase tourism as well as sales tax. Parks and Recreation Director Adams stated that it would not preclude TCRYBA from doing a tournament and that it just would not be built into the agreement. He stated that the Town is not an ideal tournament location, but it can be something that is analyzed because the Town does well picking up tournaments in the area. He noted that if the Town goes into watering restrictions, then some of the tournament turnouts could have a negative impact on TC fields. Council Member Shoffner recommended removing Section 3.02, Tournament Rates, and if they decide to do tournaments then it would fall under the Town Schedule of Fees. Mayor Pro Tem Lamont inquired if they plan to have the three tournaments listed on their website. Mr. Watson stated that they will have the Swing into Spring 2015, Summer Slam, BNHS Benefit 2015, and the REC All-Star tournaments. He stated that the Rec tournament is a freebie, and the rate for the others is $2,000 per tournament. Brandon Hennig, Vice President of Select Baseball, stated that there are no Fall tournaments currently scheduled, but there is a possibility to have the Turkey Ball, but it has been canceled the last two years due to weather. Mayor Sanders suggested leaving the tournament section in the agreement in case they want to have one later. Council Member Shoffner stated that they could go by the Schedule of Fees if they have a tournament. Mayor Pro Tem Lamont stated that regarding capacity, it is going up by 113 from this year to next year. He asked what is the breakout of TC and Roanoke compared to Keller and Fort Worth because TC is basically built out. Mr. Watson stated that he does not have that information and stated that he allowed for 144 players in U5 and had only 65 this year. He was going by what they had capacity wise for practice and that he assumes they will not have 144 players. He stated that this Spring, the numbers were awry for U10 because they went from 162 to 110 players, which will even things out in the league instead of having a spike in one division. Council Member Rowe reiterated that they need to look at this in terms of fields and days. Council Member Kurtz asked how many game fields Roanoke provides compared to TC. Mr. Watson stated that Roanoke has four and TC has seven, but they try to utilize three of those fields for games. He noted more games are played in TC. Town Manager Seidel stated that this is about practice slots, having healthy competition, and to make sure that there are enough teams to be competitive within a certain age bracket. Mayor Sanders thanked TCRYBA for their services volunteering and stated that the value of the Town is their parks. He asked if they needed any decision from Town Council to move forward with the next agreement. Town Council Minutes April 14, 2015 Page 5 of 100 Council Member Rowe stated that he would like to have a focused discussion in the near future regarding amending the agreement relative to the out of area fees. Mayor Pro Tem Lamont inquired about the concession staffing fees because he thought they were volunteers. Mr. Watson stated that they are on a volunteer basis, but when they have Select tournaments, the teams will work shifts to raise revenue for their team to play. The revenue goes to the teams and is distributed equally to the players. Mr. Hennig stated that the revenue averages about $350 per team, per tournament. Council Member Rowe stated that the agreement does not include field usage fees and asked if it comes out of the schedule of fees. Parks and Recreation Director Adams stated that it does. Council Member Rowe stated that he noticed a line item of about $8,700 for field maintenance and repairs, and asked if TC or Roanoke is receiving any payment for repairs. Mr. Watson stated that the Treasurer is not present but he believes that it was for purchasing new batting cages and new turf for those batting cages. He added that they would like to be in partnership with the Town for these types of items including scoreboards. Council Member Shoffner noted that he has seen that done with other towns through Capital Improvement Projects, where the town puts up the funds and the association pays it back over time. Town Manger Seidel stated that when the item is brought back to the Town Council to modify the agreement, the discussion of fees for out of area players and the opportunity for Capital Improvement Projects will be included. Council Member Reed stated that he would like future discussion of the option of using hotel occupancy tax (HOT) funds for the scoreboard. Mr. Hennig stated that for the three tournaments that took place last spring there were over 360 reservations at the Hampton Inn alone, and stated that they also have them listed on their website as a hotel sponsor. Town Manager Seidel stated that Section 351 of the Tax Code outlines what those taxes could be used for and that Town Staff would have to review those uses and provide an update later. Council Member Rowe stated that at some point he would like to have the opportunity to discuss how they decide what those days and times are from a Town perspective because of the different variables that come into play regarding baseball, kickball, etc. Town Manager Seidel recommended starting the process for the agreement and to have a separate conversation with a kick ball representative, baseball representative, and Parks and Recreation representative to make sure all the interests are accommodated. Parks and Recreation Director Adams stated that he has already begun discussion with Chad Jacobson who represents both the baseball and kickball aspect. (Town Secretary Note: Board Members Chris Bailey, Ron Rasberry, Casey DeShazo, Cory Woodward, Rob Baker, and Chad Jacobson were also present) Town Council Minutes April 14, 2015 Page 6 of 100 Discussion of items from future agenda list: A. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) (1 -Jan -13) (2 -April-14) Police Chief Arata provided a brief update and stated that Town Staff is proposing to let the current school year finish and then look at the option of removing the no parking restriction on Parkview, from Park Lane south to Durango, which will give them the opportunity to use the summer to reach out and inform the citizens on the proposed change. Town Manager Seidel stated that it is difficult to change habits this late in the year and it would be best to start the new school year with the new changes. Mayor Sanders stated that this item will stay on the future agenda list and will come back for an update. Council Member Reed suggested looking into possibly putting in a parking lot where the memorial is at and the baseball fields. Town Manager Seidel stated that they have looked at several options and that they would explore that suggestion. He advised that a parking lot with about 25 parking spaces would be approximately $75,000, which represents about $3,000 per space. Mayor Pro Tem Lamont asked that they notify the residents within the Lakes of the proposed changes to remove the no parking on Parkview. B. Consider and take appropriate action regarding July 4th festivities. (Sanders 1/13/2015) (1 -April -14) Mayor Sanders provided an update and stated that the Trophy Club Stars and Stripes group is publicizing that any new neighborhoods that do not have flags, to contact Jeannette Tiffany or Michelle Reed about getting flags for their neighborhood. He added that it appears that the youth groups at Byron Nelson High School will be participating because their principal, director of education, and superintendenent are all on board. 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. 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. S. Consider and take appropriate action regarding the Minutes dated March 2, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet) 6. Consider and take appropriate action regarding the Minutes dated March 10, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet) Town Council Minutes April 14, 2015 Page 7 of 100 7. Consider and take appropriate action regarding the purchase of tasers for the Police Department through a Sole Source provider; authorize the Town Manager or his designee to execute all necessary documents. 8. Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2015. Attachment 8 —Second Quarter Investment Report for Fiscal Year 2015 9. Consider and take appropriate action regarding the updated Strategy Map with the Trophy Club Town Council mission, responsibilities and principles. Attachment C — 2015 Strategy Map Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda Items 5 through 9. Motion passed unanimously. PUBLIC HEARING 10. Public hearing regarding a request to amend Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the "Village" Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit "C" entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. Attachment D — Ordinance No. 2015-08 Mayor Sanders opened the public hearing at 8:25 p.m. There was no one present that wished to speak regarding the item. Mayor Sanders closed the public hearing and reconvened into Regular Session at 8:27 p.m. REGULAR SESSION 11. Consider and take appropriate action regarding an Ordinance amending Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the "Village" Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit "C" entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. Attachment E—Zoom Room Presentation Dennis Sheridan, Planning and Zoning (P&Z) Commission Chair, thanked the Town Council and stated that the P&Z Commission discussed many items for this and were generally in favor of the application. Mayor Pro Tem Lamont asked if he had abstained from the vote. Mr. Sheridan stated he did abstain because there were three possible votes for him: 1) Vote yes, but he did not have all his questions answered; 2) Vote no; or 3) Abstain. He stated that he was not against it but needed more Town Council Minutes April 14, 2015 Page 8 of 100 information, which was presented at the meeting but he did not have time to consider it. He needed information about sound proofing between Fish and Knife and the Zoom Room. He still has reservations but the applicant has shown a willingness to resolve any issues that arise. He noted that he is not aware of any regulation in the building code requiring sound proofing between two uses and that the applicant's contractor did present the sound proofing material at the P&Z meeting. Mayor Pro Tem Lamont asked Town Staff if they had any experience with that particular sound proofing material. Interim Town Planner Ron Ruthven stated that he did not have any firsthand experience with this material but this is one of many products that are designed to baffle sound between uses. Mr. Sheridan stated that one difficulty is that there is no standard or code for decibel rating between two uses. He requested that they consider the item favorably. Council Member Reed asked if anyone from Fish and Knife were opposed to this use. Mr. Sheridan stated that there were none and that the tenants were notified of the public hearing. Council Member Parrow asked that since this is a franchise, were any attempts made to contact the others to see if there were any noise issues. Mr. Sheridan stated that the applicant will address that in her presentation and stated that Austin is the nearest store. Heather Gillihan, thanked the Town Council for their consideration and stated that Zoom Room has been a dream of hers for over five years and that Trophy Club is the only place she wants to have it. She provided a presentation on: What is Zoom Room; Canine Specialty Retail Store; Canine Training Center; Indoor Dog Park; Canine Social Club; Canine Event Center; What Zoom Room is NOT; Environmentally Friendly; and Considerate Neighbors. Additionally she stated that they have over 20 franchises open and they have never received a complaint about noise nor odor. Council Member Parrow asked if Fish and Knife ever complained about noise, would she take steps to address that. Ms. Gillihan stated that she absolutely would and that she is already taking steps now to prevent that. Additionally, she stated that they are putting the sound proofing on top of the existing drywall and covering it all the way to deck. David Barret, Owner of Barret Construction Management, LLC, stated that they are going an extra step above what their Corporate requires, which is putting an extra layer over the required sound proofing. Ms. Gillihan continued her presentation which included the Zoom Room Accolades and Why Trophy Club. Mayor Sanders asked if she is the franchise owner. Ms. Gillihan stated that she is. Motion: Motion made by Council Member Shoffner, seconded by Council Member Reed, to approve Ordinance No. 2015- 08 P&Z, amending Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the "Village" Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit "C" entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. Town Council Minutes April 14, 2015 Page 9 of 100 Council Member Rowe thanked Ms. Gillihan for her willingness to address concerns or issues. Mayor Pro Tem Lamont asked if Council can isolate a change in the PD for a single suite in a strip center. Town Manager Seidel stated that after doing some research, the answer is no and it would have to be done through a Specific Use Permit. Mr. Sheridan stated that the PD is specifically restricted to Tract 1. The vote was taken. Motion passed unanimously. 12. Consider and take appropriate action regarding proposed discussion topics for agenda items to be considered at the Joint Meeting with the Trophy Club Municipal Utility District No.1 on April 28, 2015. Mayor Sanders stated that some items to include on the agenda are the land lease agreement for the annexation building, fire protection services on land that is not within the TCMUD No. 1, and conveyance of certain property that are Town assets that is within the TCM UD No. 1. Town Manager Seidel stated that an item was requested to add the lease of offices in the Svore building. Mayor Sanders stated that the meeting will be limited to an hour and that he felt the land lease agreement for the Annex building should be dealt with first and he noted that the conveyance of assets are currently being worked on. Town Manager Seidel stated that another item could be added for an update from the Fire/EMS Joint Sub - Committee. Council Member Reed noted that the proposed lease is the same terms as discussed as a joint group for a 10 year guarantee period excluding the use of an animal shelter. Mayor Sanders stated that the interlocal agreement for fire protection services can be the second agenda item and the other items can be for brief discussion. Brief discussion took place regarding fire protection services and providing services for the welfare of the citizens as it relates to the need for an agenda item at the joint meeting. 13. Consider and take appropriate action regarding a Proclamation proclaiming May 2015 as Motorcycle Safety and Awareness Month in Trophy Club. Attachment F— Proclamation No. 2015-07 Council Member Parrow read the proclamation into the record. Paul Kelsey, Shane Morrow, and John Patterson, members of the Lost Riders of Denton County were present to accept the proclamation. Motion: Motion made by Council Member Parrow, seconded by Council Member Reed, to approve Proclamation No. 2015- 07, proclaiming May 2015 as Motorcycle Safety and Awareness Month in Trophy Club. Motion passed unanimously. Town Council Minutes April 14, 2015 Page 10 of 100 14. Consider and take appropriate action regarding a Proclamation proclaiming April 2015 as National Child Abuse and Neglect Prevention Month in Trophy Club. Attachment G — Proclamation No. 2015-08 Council Member Parrow read the proclamation into the record. Development Officer Jamie Blanton and Executive Director Dan Leal of the Children's Advocacy Center for Denton County were present to accept the proclamation. Motion: Motion made by Council Member Parrow, seconded by Council Member Reed, to approve Proclamation No. 2015- 08, proclaiming April 2015 as National Child Abuse and Neglect Prevention Month in Trophy Club. Motion passed unanimously. Mr. Leal thanked the Town Council for their support and acknowledged Police Sergeant Keith Burris for his outstanding service, and stated that due to his hard work a perpetrator was brought to justice to help keep the community safe. Additionally, he announced that a class will be held at Premier Academy on Thursday, April 16, 2015, from 6:30 to 8 p.m., which teaches the physical and behavioral signs of abuse and discusses the important steps we can take to keep kids safe. 15. Recognition of Town Staff and Citizen Volunteers who participated in the 2015 Warrant Round Up; discussion of same. Town Manager Seidel stated that this was the most successful year for Warrant Round -Up, which was due to a lot of hard work and planning by the Municipal Court, Police Department, and volunteers. He stated that there were 45 warrants cleared, 14 arrests made, 101 warrants served, and that volunteers made over 300 phone calls. He introduced and thanked the following: Municipal Court — Presiding Municipal Court Judge Mark D. Chambers, Jr. and Alternate Municipal Court Judge Eric G. Ransleben, and Court Administrator Andrea Buerger (they were unable to attend); Police Department — Lieutenant Tracey Shields, Sergeant Keith Burris, Officer Barry Sullivan, Officer Tammie Stubblefield, Officer Brian Glueck, and Reserve Officer Chris Hankins; and Volunteers - Scott Spooner, John Lynch, Marie Frank, Angie Glueck, and Dena Boudreau. 16. Presentation from Development Services Manager Pat Cooke and Patrick Prather, President of Municipal Mosquito, regarding West Nile monitoring; discussion of same. Attachment H- Municipal Mosquito Presentation Development Services Manager Pat Cooke introduced the item and stated that this item was for the mosquito population control, disease surveillance, and possible responses available to the Town. Town Staff is recommending entering into a contract with Municipal Mosquito for the 2015 mosquito season and the cost will be funded through the drainage fund with no direct outlay from the general fund. After calculation of Town Staff and resources during the 26 week mosquito season, it was determined that using an outside contractor, in conjunction with Town Staff for a supplemental role, will be the most efficient utilization of town resources and provide the best protection for the citizens. Patrick Prather, President of Municipal Mosquito, thanked the Town Council for their consideration and provided a brief history on his background being an Entomologist, as well as other cities that Municipal Mosquito provides services to. He provided a presentation on: Mosquito Management and the Biology of Control. Town Council Minutes April 14, 2015 Page 11 of 100 Council Member Reed inquired how long an adult mosquito lives for. Mr. Prather stated that it depends on the time of year and can range anywhere from 1 week up to 6 months. He continued his presentation which included: Local Mosquitoes of Concern; Mosquito Management Services provided to Trophy Club; Off Road UTV Fogging; 2015 Season Outlook; and their website. Additionally, he noted that they only perform fogging in response to disease but not nuisance. Council Member Shoffner made a comment that when this issue came up last year, he particularly liked the video that Mr. Prather provided for The Colony because they were focused and went after the problem. Mr. Prather stated that they did not run fog trucks in The Colony until 2012 because of those directed targeted responses in the greenbelt areas before it spilled over into the streets. Council Member Parrow asked if the fogging that they do is a mist that settles on water or does it attract adult mosquitoes. Mr. Prather stated that the ULV Fogging is adulticide only and that there is various ways to kill adults and the ULV Fogging stays airborne for a period of time and then volatilizes. Council Member Parrow asked what they apply to address the larva in the water. Mr. Prather stated that there are various control products, which most are natural in origin, and that oils can be applied to the surface of the water and they can place professional mosquito dunks in the water. Additionally, he stated that the bodies of water are treated throughout the season. If they get diseased positive traps, then they set up a spray map and apply on two, possibly three, consecutive nights. Mayor Sanders inquired about the amount for the contract. Town Manager Seidel stated it was for $17, 200, which included an event for fogging if needed. Mayor Sanders asked if they were excluding treating the number of lakes that are within homeowner associations. Town Manger Seidel stated the areas that are covered are for public areas only. Mr. Prather commented that if it is a gated community they can contract with them separately, and if it's a body of water they may introduce minnows. Council Member Rowe asked if the differentiator was private verses public land or privately gated versus publicly accessible. Town Manager Seidel stated that it will be for town owned property. He noted that there are some bodies of water that are specially regulated because of the nature of the water. Mayor Sanders stated that the issue becomes Corp land. Mr. Prather stated that similar cities with Corp property are off limits unless the city has leased property such as a park. Mayor Sanders stated that there may be a need to discuss this a little further about getting the homeowners associations involved. Council Member Rowe stated that he would like to know if there are any high risk areas that are private property. Town Council Minutes April 14, 2015 Page 12 of 100 Town Manager Seidel recognized Development Services Manager Cooke and Code Enforcement Officer Thad Johnson for going through training and helping enhance what the Town brings to the residents. Council Member Shoffner stated that he appreciated Town Staff for their work on this item. Mayor Sanders commented that contact should be made to the Trophy Club Country Club to possibly include them. Town Manager Seidel stated that Town Staff wanted to get direction from Town Council first and then reach out to the Country Club to see if they already have a system in place or if they would like to be included with this. Mayor Sanders thanked Mr. Prather and Development Services Manager Cooke for their work on this item. 17. Consider and take appropriate action regarding planning and construction of municipal facilities, funding sources, impact on tax rate, communication with and input from residents. Attachment I - Capital and Facilities Planning Presentation Mayor Sanders stated that most of the discussion tonight will be about financial matters and how it may affect tax rate. He provided a summary and stated that when the majority of Council took office in May, they started a process of trying to find a location for a future joint municipal facility for the Police Department and Town Hall. A letter of intent was signed and issued by the Town to the Country Club (Club Corp) to make an offer ($10 a square foot) to buy the tennis court and swimming pool area, which was never signed by Club Corp because it was held up in legal. In December 2014, the Town received an email from the Club stating that they would not consider selling their land because it would compromise their tennis program. The Council had already begun exploring other options, including the United Methodist Church about a piece of land they owed and they made an offer to them but they were not willing to sell it. During the same time, extensive conversation occurred with Beck Properties about PD 30, which led to discussion about changing of the PD. Beck submitted new designs to the P&Z Commission to amend the PD which called for a Town Hall and Police facility; Beck pulled the application from P&Z the day before they were going to consider it. Not long after that, they explored every possible place because there is limited space, as of today there is a signed contract of about 5.5 acres, adjacent to Hannah Court along Trophy Wood Drive, and runs back to TW King. The area is being considered for a joint municipal facility, and there is no site plan for it at this point. Additionally, he stated that the Councils desire is to preserve as many trees as possible and that discussion tonight will be regarding funding and moving forward with a plan including potentially buying more land that is adjacent to area, which does not have a contract. Council Member Reed asked the Mayor to make a comment about what the prior Council did in terms of funds and that the Town has over $2.5 million that has been sitting in a bank account for a few years. Mayor Sanders stated that the previous Council did use a Certificate of Obligation for $2.5 million that they borrowed from the bank to buy land, so the Town has been ready to purchase land in a cash stance as long as it didn't go over $2.5 million. The only way to use the funds without going back and re -purposing the debt was to buy land for a joint Town Hall and Police facility. Town Manager Seidel provided a presentation regarding the Capital and Facilities Planning regarding funding options which included discussion of the CIP funding plan and debt service, joint facility funding, direction for future CIP projects with no impact on the tax rate, and utilization of Hotel Occupancy funds. Town Staff is proposing for Fiscal Year 2015, refunding of the 2007 General Obligation Bonds, approximately $2.4 million remaining on that bond, which would equate to approximately $140,000 of Net Present Value savings, allow the Town to make a large payment in September of 2016, allow the Town to keep I&S rate constant at $0.11, and also protect future debt capacity. In Fiscal Year 2016, the intent is to have a General Obligation Bond Election in November and if it passes the debt would be issued early 2016. There is a possibility to issue up to a total of $9.5 million in capital projects, which would keep I&S rate at $0.11 and the tax rate would stay at $0.49. For Fiscal Year Town Council Minutes April 14, 2015 Page 13 of 100 2017, there will be an additional $2.5 million debt capacity and the first payment would be in 2018. He discussed how to accomplish that by the tax rate remaining at $0.49, $75,000 contribution from CCPD, declining debt service annual payment from Fiscal Year 2016 and Fiscal Year 2017, growth forecast is at 8 percent, and this does not include available I&S Fund Balance. He provided a summary of the CIP Planning for Fiscal Year 2015 to Fiscal Year 2022, as well as for the for the joint Town Hall and Police Facility, arterial roads, street reconstructions, and entryway monumentation. He discussed the Civic Center and Hotel Fund and noted that the current revenue estimate for this year is $240,000, and that the estimated Fiscal Year 2015 Fund balance is $470,000. He stated that Holiday Inn is expected to be completed by December 2015 and Homewood Suites is scheduled for the summer of 2016. The future revenue estimate by Fiscal Year 2017 is $439,000 per year. He provided a summary of the based upon current revenue estimates for the Civic Center and Hotel Fund. Additionally, he went over HOT Fund allowable uses, which included: general promotion of the tourism industry; visitors information center; convention/civic center; maintenance and operating expenditures of the facility; promotion of the arts; historic museum; meeting space; and plaza area, sidewalks, landscape, and parking. Council Member Reed noted that there is a group called Old Town Development that is specifically working on bringing restaurant uses to that area, so that once the Town Hall facility is built there is an opportunity for a town center feeling with restaurants and hotels. Council Member Rowe made a point of clarification regarding HOT fund allowable uses, and stated that they could be used for a plaza area because of the impact it would have on the area commercially, independent whether or not there is a civic center. Council Member Reed stated that the HOT funds are truly funds from visitors who stay at those hotels and the Council is trying to do their best to promote the community and tap into these funds. Town Manager Seidel provided some decision points that Town Staff is requesting direction from which included: 2007 GO Bond refunding; total Town Hall and Police Department budget; excess funds from the $2.5 million CO; I&S rate at $0.1150 beginning in Fiscal Year 2017; CIP planning and project schedule; and civic center. Council Member Kurtz stated that he would like to stay as close as possible to the budgeted amount that was made prior for the facility that would have been built on the land behind the church. Mayor Sanders commented that initially the Council had taken a 40,000 square foot facility and paired it down to a 20,000 square foot building and wanted to continue utilizing the roughly 4,000 square foot annex building because it was fairly close to the church. Now that the new facility location is further away, they looked at inserting the 4,000 square feet to the new facility and use the Annex building for meeting spaces. He stated that this decision has not been made and will probably be future decision when a presentation is received from the architect about space planning. Council Member Rowe made a comment that the Council had a presentation from GSBS at the Retreat in January, and had consensus on the concept that should be able to fulfill what Council Member Kurtz would like. He stated that regarding funding, he believes that it should be arranged to focus on using the proceeds of the $2.5 million CO for the joint municipal facility, and any additional needed funds would be in the November Bond Election. Any existing debt capacity that the Town has in addition to that he would like to use on CIP, and that way the citizens are able to see the full price tag of the new joint facility. Council Member Reed stated that he supports Council Member Rowe and stated that he believes the facility should be about 4,000 square feet larger and that the cost be 100 percent transparent. He is not in favor of the idea of moving different funds around to acquire the whole amount of funds. As to the issue with the land, it is his belief that they should purchase the land under contract and allow that area to be the joint facility. He also believes that they should purchase the other piece of land but only if it can be purchased with HOT funds. Town Council Minutes April 14, 2015 Page 14 of 100 Mayor Pro Tem Lamont stated that he is in favor of a total of $6.9 million, which includes what is left over from the $2.5 million CO, and then go out for the bond in November for what is left, about $5.8 to $5.9 million. He noted that they are basically cutting the building in half and the prior Council put $11.7 million on the ballot for a Bond, and he is proposing almost half of that. Mayor Sanders stated that one of the proposals was to take the excess funds from $2.5 million CO and buy the 5.5 acres of land, which leaves $1.5 million and use that to buy the adjacent lot and still have $300,000 left. Then take HOT funds and reimburse the Town for the money used to buy the adjacent lot but they do not have the cash from HOT funds to do that today so they would have to take out a CO to purchase the adjacent lot. Council Member Shoff ner asked based on that scenario if he was assuming that they would build a civic center and if that was the intent for buying that piece of property using HOT funds. Council Member Reed stated that it is his understanding that they can buy the property and put a parking lot there that supports the restaurants. He stated that there are a few restaurants that want to be there and that one of the issues is that it is significantly under parked so it would be a true benefit to add additional parking. Council Member Parrow echoed what the Mayor said regarding the adjoining piece of land and stated that it would broaden the exterior and structure of what can be built. They could have the facility built closer to the intersection and use the back portion of land for police parking and storage. Council Member Kurtz stated that he is not averse to buying the other piece of land with HOT funds, but he has an issue that they do not know if a civic center is viable. He believes they need to focus on the joint facility. Mayor Sanders stated that he believes that the Town residents spoke years ago when a survey was done and their number one priority was for some type of municipal building where the citizens could meet and have functions. He feels that with the limitations you can do with HOT funds, it makes sense to put something there that will benefit the hotels, restaurants, citizens, and tourism would pay for it. He sees a potential for the restaurant to cater functions at the hotels. He feels that buying the land makes sense and there is limited land already and if a civic center could not be built then the land could be sold. He also feels that it's important to create a buffer behind the proposed facility and have the best visibility with the facility being close to Trophy Wood frontage. Council Member Reed stated that the adjacent property becoming a parking facility would assist in sales tax revenue because there is great potential for attractive restaurants. He believes that discussion can occur in the future for a civic center. Council Member Rowe stated that he agrees that the acreage should be adequate for an office building. He stated that his concern on a civic center using HOT funds prevents it from being an amenity the citizens want it to be. Mayor Pro Tem Lamont stated that he would only be in favor of doing a CO that was fully funded by HOT funds, and that he is concerned about the amount for the adjacent property and making it a parking lot. Council Member Shoffner stated that they need to treat these items as two separate things. He added that when they looked at the Methodist property it was three acres and it backed up to residences. They are now adding two additional acres, so there should be no issue with building the facility and providing a buffer. In regards to the adjacent property, he feels that it is a lot of money to spend for a parking lot. He believes that it would be wise for them to take the million dollars they are saving on buying the property and put it back into building. Sean Bone, 2816 Waverly Drive, stated that he voted no for the last bond election. He asked what kind of research and Council involvement was done with how much space is needed for the Police Department to adequately provide them with and run the department. Town Council Minutes April 14, 2015 Page 15 of 100 Mayor Sanders stated that an extensive amount of time and research has been done and that roughly half the square footage is for Police Department and the other half is for Town Hall. The exterior to the internal square footage will have a fair amount for fence secured parking for police vehicles and staff vehicles. He stated that Chief Arata and the Council were involved with the design and amount of adequate space. They reduced the initial square footage of the building and it should equate to a savings. Additionally, he stated that an architect has done initial planning and Council has tried to stay under $300 a square foot, minus the purchasing land. Town Manager Seidel stated that by the nature of it, a Police facility is more expensive then town offices and provided an example that they need harden rooms for evidence rooms, armories, and EOC. Police Chief Arata stated that their current square foot is about 6,000 and they are going to a little over 10,000 square feet, which allows for growth in the future. Susan Edstrom, 271 Oak Hill Drive, made a comment that if they want resident input then they should not make the item so late on the agenda. Her first item was that she agrees with the priority of the Police Department and Town Hall facility and that she is not in favor of a convention center. She stated that a municipal building was not number one on the survey, it was for a Rec/Community Center. She stated that the last bond election was too much money and the facility was too big. She would like to see what other options there are and told the Council to keep up the good work. Mayor Sanders stated that they were not trying to sell a convention center but it was something that needed to be discussed in open session. The clear thing is what could it be used for, and whether it's called a civic center, convention center or conference center it will still be a meeting space. Council Member Kurtz commented that they want to be as transparent as possible and also save as much as much as possible. Motion: Motion made by Council Member Rowe, seconded by Council Member Kurtz, to follow Town Staff recommendation and begin the process to refund the 2007 GO Bond. Town Manager Seidel stated that they will schedule this to occur sometime in the summer and set it up as a private placement. They would like to act quickly while the interest rates are still low. He noted that when a bond is refunded, they are actually selling new bonds at a lower interest rate so this would come back to Town Council for approval. The vote was taken. Motion passed unanimously. Motion: Motion made by Council Member Reed, seconded by Mayor Pro Tem Lamont, to set a cap for design purposes of the new joint facility for $6.9 million, utilize at least $1 million from the savings of the $2.5 million CO to roll back into the construction of the new joint facility, and go before the citizens for the approval of the additional $5.9 million. Mayor Sanders commented that the Council previously gave direction to the Town Manager to move forward to negotiate a price and make an offer on two pieces of land. He clarified that if the second piece of land was to move forward they would not use existing funds to do that. Council Member Reed stated that he would not use existing funds and that they are two separate issues. Council Member Kurtz asked if the $6.9 million was based on for 24,000 square feet, the extra 4,000 square feet. Town Council Minutes April 14, 2015 Page 16 of 100 Mayor Sanders stated that is correct and that the intent was for the total amount to be inclusive of all cost, including FF&E and engineering cost. Council Member Shoffner clarified that it would be for 23,000 square feet at $300 a square foot. Mayor Sanders stated that there will be a little more than $1 million in savings and asked if they have to repurpose it to go into the building. Town Manager Seidel stated that Bond Council will have to advise about the proper procedure for the repurpose of those funds and will have to go through a public hearing notice period. The vote was taken. Motion passed unanimously. RECESS AT 10:44 P.M. FOR A BREAK RECONVENE AT 10:57 P.M. INTO REGULAR SESSION 18. Consider and take appropriate action regarding the dissolution of the Town Council Municipal Facilities sub -committee. Motion made by Council Member Parrow, seconded by Council Member Rowe, to dissolve the Town Council Municipal Facilities sub -committee. Motion passed unanimously. 19. Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2014-2015 Budget of the Town (Budget Amendment No. 1); providing an amendment for the appropriation of funds related to changes to equipment, services, and personnel, including amendments impacting the EDC 4B and CCPD budgets; and providing an effective date. Attachment — Ordinance No. 2015-07 Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Ordinance No. 2015-07, amending the Fiscal Year 2014-2015 Budget of the Town (Budget Amendment No. 1); providing an amendment for the appropriation of funds related to changes to equipment, services, and personnel, including amendments impacting the EDC 4B and CCPD budgets. Motion passed unanimously. 20. Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances of the Town by adding Article III, "Tax on Telecommunications Services" to Chapter 15, "Taxation" in order to repeal the sales tax exemption on telecommuncations services sold within the boundaries of the Trophy Club Crime Control and Prevention District (the corporate boundaries of the Town) and thereby levying a tax on those services at the maximum rate authorized by law for other local sales and use taxes; providing a penalty; and providing an effective date. Attachment K — Ordinance No. 2015-06 Assistant Town Manager/CFO Glickman provided a brief update and stated that on August 26, 2014, the CCPD voted unanimously to repeal sales tax exemptions on telecommunications services sold within its boundaries. The Town voted to impose the sales tax on telecommunications services effective the second quarter of 1989; however, with the creation of the CCPD, a special district, the governing body must take separate action. Town Staff estimates that sales tax for the CCPD would increase by at least $10,000 annually with the approval of this ordinance. Town Council Minutes April 14, 2015 Page 17 of 100 Motion made by Council Member Reed, seconded by Mayor Pro Tem Lamont, to approve Ordinance No. 2015-06, amending the Code of Ordinances of the Town by adding Article III, "Tax on Telecommunications Services" to Chapter 15, "Taxation" in order to repeal the sales tax exemption on telecommuncations services sold within the boundaries of the Trophy Club Crime Control and Prevention District (the corporate boundaries of the Town) and thereby levying a tax on those services at the maximum rate authorized by law for other local sales and use taxes. Motion passed unanimously. 21. Town Council Liaison Updates; discussion of same: *Citizens Financial Advisory Board, April 13, 2015 Council Liaison - Mayor Pro Tem Greg Lamont Provided update, no action taken, just discussion. Strategic Services Coordinator Zagurski provided a brief update and stated that the vehicle replacement policy and purchasing policy will be presented to the Town Council based on CFAB recommendations. Additionally, he commented that per the Town Charter the annual financial report is due at the end of December which gives budget estimates of expenditures over the year, and the Popular Annual Financial Report is done after the audit, the two reports are redundant so possibly do a Charter amendment to do one report in April. Town Manager Seidel stated that the Town runs on a fiscal year and at the end of each fiscal year an audit is performed. He stated that the annual financial report in December is based on estimates, and Town Staff would like to recommend having one audited financial report presented. 22. Town Manager Seidel's update regarding the following; Council discussion and provide input regarding same. • No Soliciting Signs Competitive Bid for Park Services Verizon Cellular Tower Town Manager Seidel updated the Council and addressed questions; no action taken, update only. 23. Items for Future Agendas. 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 that an item be added for discussion of possible charter amendments. Mayor Pro Tem Lamont requested that an item be added for discussion of possible uses of hotel occupancy tax funds. Council Member Kurtz stated that he would like to see if HOT funds can be used for Trophy Club Park. Council Member Parrow inquired if Item No. 1 was still an active item. Council Member Rowe asked if there were any remaining ordinances establishing Board and Commission member term limits. Town Council Minutes April 14, 2015 Page 18 of 100 Town Attorney Adams stated that Town Staff is currently going through the codification process and making those changes and will be brought back before Town Council for approval. Town Manager Seidel inquired about removing Item No. 7 and stated that the intent was to have the football and soccer associations come before the Town Council at the May 12, 2015, meeting in order to have discussion of a structured agreement for use of the facility similar to baseball. Mayor Sanders received no objection for the removal of Item No. 1, Consider and take appropriate action regarding term limits for Board and Commission members (Rowe 7/22/2014), and for the removal of Item No. 7, Consider and take appropriate action regarding the baseball contract and tournaments (Lamont 1/13/2015). Mayor Sanders requested that an item be added for an update regarding the Community Garden located within Harmony Park, which was approved at the January 27, 2015 Town Council meeting, and receive an update regarding the use agreement between Keep Trophy Club Wild (KTCW) and the Town. EXECUTIVE SESSION 24. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 551.074(a)(1), Personnel Matter. To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Town Secretary/RMO, Holly Fimbres B. Section 551.072, Deliberation about Real Property. To deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential Lease of Property CONVENE INTO EXECUTIVE SESSION - START TIME —11:23 P.M. RECONVENE INTO REGULAR SESSION - START TIME —12:20 A.M. RECONVENE INTO REGULAR SESSION 25. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried unanimously. Meeting adjourned at 12:21 p.m. Holly Fimbres,<T wn Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes April 14, 2015 Page 19 of 100 ATTACHMENT A TCRYBA Presentation Town Council Minutes April 14, 2015 Page 20 of 100 Emm, m � # 56W.._, -6-1? a �¢ as w U F O . ,.., U O � � � � � � � � � O � � �"� � � � U +� � U f O O O W N N m n a W o d{ LO O nn co a I— mm . O Q) U O P4 L u I'— mm LO O biD .$:i U O 9) L u O O O O N N m n a O 0 Q 0 v Q �/ V) CU) C LO LO Qo �.JV J O /1 poolO • � bjV b-C V1 .�^� biD ct • C$:i' C C$:i' C ,^ V L Qo V L 0 v Q �14 ) �y r� P1 ) bjD • C� • 0PO F-1 0 v Q 0 5 0 0 U 0 0 F O O O N M N m a 0 Q W r---1 P1 r� ry bib O • r --I W � U U � � U � M biD U •� C O O O N M N m a 0 Q �O V�V bjV n • c0 1-4 V L U) W r� JO f 0 v Q 0 C 0 0 F O O O V M N m a 0 v Q W A .LO 4-D bjD biD opo�, N co � U� opo U� opo � m O O O LD M N m a 0 v Q ti cq Qo c �I W U � W 0 PO4 W O O O LD M N m a 0 v Q O O O O M N m a 0 v Q W r� W �I biD cq O O O O O O M N m a 0 v Q 0 v Q W r� W U CJ LO LCA Cfl O fy a O O Cl) a biD 0 PO4 PO4 U� Lo r-� C9 0 v Q LO �t C� N O O O W M N m a 0 a rl U U U U U U U �i � O O O W M N m a 0 a 0 v Q 5 0 0 U 0 0 F ct h-�•I �I ct ct Ct crF-�•I � rl rl rl rl rl rl rl ct ct t H E 00 � 00 O 0 cq It 0 v Q 5 0 0 U 0 0 F c Lo c s biD 0 Q a a w U F ATTACHMENT B Second Quarter Investment Report for Fiscal Year 2015 Town Council Minutes April 14, 2015 Page 42 of 100 Town of Trophy Club Quarterly Investment Report For the Quarter Ended December 31, 2014 13 Weeks Treasury Bill Yield: 0.03% First Financial Bank Beginning Ending Avg Monthly Yield: 0.15% Investment Description Balance Deposits Withdrawals Interest Balance Avg WAM• In Days: N/A First Financial - Pooled Cash $ 1,156,579.13 $ 3,031,536.43 $ (2,975,466.01) $ 474.02 $ 1,213,123.57 First Financial Totals $ 1,156,579.13 $ 3,031,536.43 $ (2,975,466.01) $ 474.02 $ 1,213,123.57 TexPool Beginning Ending Avg Monthly Yield: 0.0487% Investment Description Balance Deposits Withdrawals Interest Balance Avg WAM'in Days :53 TexPool - Interest and Sinking Account $ 971,146.87 $ 630,345.80 $ (888,949.96) $ 125.14 $ 712,667.85 TexPool - Designated Account 521,838.08 2,556,616.10 (2,100,000.00) 129.34 978,583.52 TexPool - Grant Fund 99.86 - - - 99.86 TexPool - 2010 Tax Notes 41,120.87 - - 4.71 41,125.58 TexPool - SM Park Bond 2010 150,893.29 - - 17.18 150,910.47 TexPool - 2012 Tax Notes 279,381.89 - - 31.89 279,413.78 TexPool-2013 CO 1,822,931.60 - - 207.97 1,823,139.57 TexPool - 2014 CO 2,500,526.53 - - 285.29 2,500,811.82 TexPool - Utility Drainage Account 147,465.18 16.85 147,482.03 TexPool Totals $ 6,435,404.17 $ 3,186,961.90 $ (2,988,949.96) $ 818.37 $ 6,634,234.48 LOGIC Beginning Ending Avg Monthly Yield: 0.0999% Investment Description Balance Deposits Withdrawals Interest Balance Avg WAM• In Days: 54 LOGIC - Designated $ 2,557,597.52 $ 400,000.00 $ $ 667.10 $ 2,958,264.62 LOGICTotals $ 2,557,597.52 $ 400,000.00 $ $ 667.10 $ 2,958,264.62 First Public Beginning Ending Investment Description Balance Deposits Withdrawals Interest Balance Avg Monthly Yield: 0.13% First Public - Designated $ 1,578,877.93 $ 481.05 $ 1,579,358.98 Avg WAM• In Days: 52 First Public Totals $ 1,578,877.93 $ $ $ 481.05 $ 1,579,358.98 Total Cash & Investments $ 11,728,458.75 $ 6,618,498.33 $ (5,964,415.97) $ 2,440.54 $ 12,384,981.65 `WAM (Weighted Average Maturity) Is the mean average of the periods of time remaining until the securities held are (1) scheduled to be repaid or (2) would be repaid upon demand or (3) are scheduled to have their Interest rate readjusted to reflect current market rates. The undersigned serves as the Investment Officer* for the Town of Trophy Club. I certify that all instruments held In the Town's investment portfolios for the period October 1, 2014 through December 31, 2014 (a) met the investment guidelines and complied with the investment strategies as authorized by the Town's Investment Policies, and (b) did not violate any applicable provisions of section INVESTMENT OFFICER Steven Glickman Assistant Town Manger/CFO Town Council Minutes April 14, 2015 Page 43 of 100 ATTACHMENT C 2015 Strategy Map Town Council Minutes April 14, 2015 Page 44 of 100 rML �o ., u 0 0 0 9 N O N V .Q Q U s Q- 0 0 •� 4— O • =•. Z) i Q = cc a � N U • v v � � s v +' N ++ E F O v o . W �i•J L Q 4.1 Q— > .� -0 t u JQ N U � � � f6 •�-+ Vt H ate+ aJ > N a) L O J • 1 Q v i LN 0 > > L- C O i N N f6 t 7 � s J Z .o = —V) N 4-o • u, 3 g a - 0� � � tto v o w 4-L 4-1 > w.J ' WLA w Cp 4-1 N U f6 — L ., u 0 0 0 9 N O N V .Q Q ATTACHMENT D Ordinance No. 2015-08 Town Council Minutes April 14, 2015 Page 46 of 100 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-08 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 95-20 ESTABLISHING PD PLANNED DEVELOPMENT #13, SUCH ORDINANCE HAVING BEEN SUBSEQUENTLY AMENDED BY ORDINANCE NO. 97-16 P&Z, BY ORDINANCE NO. 97-23 P&Z, BY ORDINANCE NO. 2001-09 P&Z, BY ORDINANCE NO. 2002-23 P&Z, BY ORDINANCE NO. 2006-15 P&Z, AND AMENDED BY ORDINANCE NO. 2010-28 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #13, IS HEREBY FURTHER AMENDING BY THIS ORDINANCE AMENDING EXHIBIT "C" DEVELOPMENT STANDARDS, TO ALLOW AN ADDITIONAL PERMITTED RETAIL USE FOR TRACT 1, TO ALLOW INDOOR CANINE RETAIL AND TRAINING AND PROVIDING A DEFINITION FOR THAT USE; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of Tract 1 of PD #13 (the "Land"), described as approximately 3.8 acres of land currently zoned PD Planned Development #13 for Retail Uses, such tract located generally at the northwest corner of the intersection of Trophy Club Drive and State Highway 114, filed an application with the Town Planning and Zoning Commission requesting an amendment to the PD, more specifically to allow a change in the terms of Exhibit "C" Development Standards, Section A(1)(b)(1) regulating a portion of the Land located in Planned Development #13, modifying the terms of the use of such portion of the Land as follows: to add a permitted use of "Indoor Canine Retail and Training"; and WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD #13 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and 1 ORD 2015-08 Town Council Minutes April 14, 2015 Page 47 of 100 WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance amending the Comprehensive Zoning Ordinance of the Town is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Ordinance No. 95-20 of the Town of Trophy Club, Texas, creating the Town's PD Planned Development #13 as amended by Ordinance No. 97-16 P&Z, by Ordinance No. 97-23 P&Z, by Ordinance No. 2001-09 P&Z, by Ordinance No. 2002-23 P&Z, by Ordinance No. 2006-15 P&Z, and as amended by Ordinance No. 2010-28 P&Z of the Town, is hereby further amended by this Ordinance amending Exhibit "C" Development Schedule, Section A(1)(b)(1), "Permitted Uses" in the following particulars as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Purpose; development standards, uses within individual tracts: This Planned Development is designed to accommodate a variety of retail commercial and commercial office uses. For development purposes, the Land is divided into four tracts (Tracts 1, 2, 3, and 4 as show on Exhibit "B" attached hereto (PD Site Plan)), and the use and development of each of the tracts shall be in accordance with the following: 1. Tract 1 (Retail uses, as depicted in Exhibit "B"): The following standards shall apply to Tract 1: (a) Size of tract: Tract 1 shall contain approximately 3.8 acres of land. (b) Uses generally: In the development and use of Tract 1, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: 1. Permitted Uses: "(AA) Indoor Canine Retail and Training* * This use is defined as a retail establishment which sells canine related items and accessories and which also trains domesticated or tamed dogs, all within a 2 ORD 2015-08 Town Council Minutes April 14, 2015 Page 48 of 100 completely enclosed building. Training shall not include the training of any other animals, nor any "prohibited animal" as defined in the Town Code of Ordinances. The boarding and grooming of any animals is prohibited." SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 3 ORD 2015-08 Town Council Minutes April 14, 2015 Page 49 of 100 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of April, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: V&11 q'Lm�l �a Holly FiQ res, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: VIl�o1 Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2015-08 Town Council Minutes April 14, 2015 [SEAL] 4 Page 50 of 100 ATTACHMENT E Zoom Room Presentation Town Council Minutes April 14, 2015 Page 51 of 100 N LO N 0) m n O C 7 O U c 0 0 H L _0 C6 txo Q� N_ �A C6 0 'C roV) Q • _ C6 > 0 1 a -j C: an i � >- C� �► -0 O V Ln O —`n i O O0 Ln +-+ n -0 O -0 0 t�A C: _0 O '— C: _0 o o E C _ o 0 _ ro Q L t0N00 ' � � 0 0 0 16:f . Eia 0 0 0 LO LO 0) LO 0 N V E vi r v U +� ca > p O � =3 O vi Ln tw -0 U C: O C: — 2 .c E O C: C v U ._ -0 0 C: V t� }� a� O _0U O a) C6 U Ln> bn N . — tw C: • — O O •— _0 CL .. ca = C -0 ca C bn ca ° w O N O � +� ca O U (-) 0 0 0 16:f . 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WHEREAS, today's society is finding more citizens involved in motorcycling on the roads of our country; and WHEREAS, motorcyclists are roughly unprotected and therefore more prone to injury or death in a crash than other vehicle drivers; and WHEREAS, campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks, injuries, and, most of all, fatalities, through a comprehensive approach to motorcycle safety; and WHEREAS, it is the responsibility of all who put themselves behind the wheel, to become aware of motorcyclists, regarding them with the same respect as any other vehicle traveling the highways of this country; and it is the responsibility of riders and motorists alike to obey all traffic laws and safety rules; and WHEREAS, urging all citizens of our community to become aware of the inherent danger involved in operating a motorcycle, and for riders and motorists alike to give each other the mutual respect they deserve. NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: The month of May 2015 as National Motorcycle Safety and Awareness Month in the Town of Trophy Club to coincide with National Motorcycle Safety and Awareness Month. Further, I urge all residents to do their part to increase safety and awareness in our community. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th da f April 2015. "7e J C. Nick Sanders, Mayor Holly Fimb s, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes April 14, 2015 Page 65 of 100 ATTACHMENT G Proclamation No. 2015-08 Town Council Minutes April 14, 2015 Page 66 of 100 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2015-08 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE MONTH OF APRIL 2015 AS NATIONAL CHILD ABUSE AND NEGLECT PREVENTION MONTH IN TROPHY CLUB. WHEREAS, in Federal fiscal year 2013, 52 States reported 678,932 victims of child abuse or neglect; and WHEREAS, child abuse and neglect is a serious problem affecting every segment of our community, and finding solutions requires input and action from everyone in our community; and WHEREAS, our children are our most valuable resources and will shape the future of the Town of Trophy Club, Texas; and WHEREAS, child abuse can have long-term psychological, emotional, and physical effects that can have lifelong consequences for victims of abuse; and WHEREAS, protective factors are conditions that reduce or eliminate risk and promote the social, emotional, and developmental well-being of children; and WHEREAS, effective child abuse prevention activities succeed because of the meaningful connections and partnerships created between child welfare, education, health, community and faith based organizations, businesses and law enforcement agencies; and WHEREAS, communities must make every effort to promote programs and activities that benefit children and their families; and WHEREAS, we acknowledge that we must work together as a community to increase awareness about child abuse and contribute to promote the social and emotional well-being of children and families in a safe, stable, nurturing environment; and WHEREAS, prevention remains the best defense for our children and families. NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: The month of April 2015 as National Child Abuse and Neglect Prevention Month in the Town of Trophy Club. Further, I urge all citizens to recognize this month by dedicating ourselves to the task of improving the quality of life for all children and families. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of April 2015. C. Nick Sanders, Mayor Holly Fimbr s, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes April 14, 2015 Page 67 of 100 ATTACHMENT H Municipal Mosquito Presentation Town Council Minutes April 14, 2015 Page 68 of 100 0 IMAF- N O O E O LU a U A O E W U d 2 d 4-, > • - +� •— V N 4-' V =3 � � CSA O •— to M Cr t�= -0 ca Ln (A a) a1 =3 p a, •u a) •o > 7-.jU V V C: ._ L =3 ca CLa� CL > 70 O C: O =3 co V N •� V O =3 -0 O >, 0 • — N V L � O (D > � O � E 0 N C� 0 0 0 0 0 m i _`.,Oor t � r � , f — � `I '" loo' + w � l r ti r N r U , I c I • ^ cu I Q i G r f 4 , 4 � 0 N 0 cr N C0 G EL .06 4 Lu �4f EL .06 � � s v t 5 . 77 m F > A. ■ 1 �m` O c -0 O E > a5 O O•— �, �' '0 — ' V — O — 0- (1) cn '0 = a Cn 4 - O Ln Jc: O E c: > O N •— +, kn E -0 4-j p W �j .0 Q -0 O O 0 O Ln N 4 i LLJ L9 m < u rH z I 0 A6- ATTACHMENT I Capital and Facilities Planning Presentation Town Council Minutes April 14, 2015 Page 78 of 100 U U 0 0 0 0 0 00 m 0) m n 0 N V .Q Q 0 C 7 0 U W 4� 4-1 4� i O 0 c� 1 c� i J V 1 • 1�1 1"�1 • �"� 0 0 0 0 0 00 m 0) m n 0 N V .Q Q 0 C 7 0 U NO O 'S m c o ch LO o a� ct 4-j O NO cq 4� c� O NO 4� a ct O � i i _ ` • /^J i 2 i WEI N O N � N O 4-j o 4—J NO O O � O T W N 4� ct o o v2m •1�1 M M t4 raw ct P-4 U C) 0 0 0 00 0) 0 0 U M a N �O U r m 4l X X m O ct V) U O OPE L J 0 N 00 N O) C) ' o o m 00 �1 O 4--j TI ct ' • � rti-1 W U ct`..ol N +-j a� ct w C) ct J6 rci c U ct Q00 00 ct 4, 4 LO Ct N O � O U c� U U O � 4-j ' N 4-J ct � c� U U En 4-j � bA � 4-J ct �, O O ct CO •;� 0 •' v LoU O 0 .� ct l� O 0 0 0 qw; U a U a --r r-� U ct a--+ U ct Q ct U r� U cn O U Q cn cn 0 0 0 0 v 00 m 0) m n U ctP-4 an FM 3 0 ik- Q U mm 4W 46 0 0 0 0 LO 00 m 0) m n 0 0 U O ��• •• • V1ct cn a Q ;-4 O oQ Ur�1 � U rc� Ct • C� �j O V1T��/� 0 0 O 0 0 1� 4W 46 0 0 0 0 LO 00 m 0) m n 0 0 U m� U OI 0 0 0 0 I- 00 0 0) m 0 C 0 U U c O b w H 0 x 1 r< O O O N 4-j U U E m I x T O .O O O 0 0 0 00 00 0) m U to U a--+ 4� �--� a--+ NO bjo rc� 4-j � NO ;-4r ct P, O . , ct � U U m r -I czU 0 �.� O •� a� N o 0 �4-j� E-1 •`� N ct •� 0 0 0 0 rn 00 0) LO N .Q Q 0 0 U ATTACHMENT J Ordinance No. 2015-07 Town Council Minutes April 14, 2015 Page 90 of 100 TOWN OF TROPHY CLUB ORDINANCE NO. 2015-07 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2014-2015 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS (BUDGET AMENDMENT NO. 1); PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO APPROPRIATE FUNDS RELATED TO CHANGES TO EQUIPMENT, SERVICES AND SUPPLIES FOR VARIOUS DEPARTMENTS, CAPITAL OUTLAY AND REVENUES NOT INCLUDED IN THE ORIGINAL BUDGET, BUYOUT OF SOFTWARE AND HARDWARE FROM MUD1, AND PERSONNEL CHANGES; PROVIDING FOR AN AMENDMENT TO ELIMINATE A BUDGETED TRANSFER OF FUNDS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2014-2015 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council did not appropriate funds for expenditures associated with Crosswalk Flashers, Laserfiche, a Hosted Email Exchange, additional Video Storage for Police, a Hardware and Software Buyout from the Municipal Utility District, personnel changes in the Town Manager's office, a, Radios from the Crime Control and Prevention District, and Mosquito Abatement from the Drainage fund; and WHEREAS, the omitted expenditures have been effectively offset by savings due to turnover in various departments, savings from changes to the Town's retirement plan, no May election, lower than anticipated fuel prices, additional revenue associated with Developer's Fees, PID Reimbursements, and Sales Tax that have, in total, resulted in no net effect to the General Fund; and WHEREAS, this amendment appropriates $101,140 in the General Fund for total expenditures related to a various services and items and recognizes revenue, less transfers, of $101,140; and WHEREAS, in that Budget, the Town Council appropriated a transfer of funds from the Economic Development Corporation 4B (EDC 4B) to the General Fund; and WHEREAS, the transfer of funds is not necessary as the position the transfer was designed to support was eliminated; and WHEREAS, this amendment eliminates a transfer of $65,670 from the EDC 4B to the General Fund thereby decreasing outlays of the EDC 4B; and ORD 2015-07 Pagel of 5 Town Council Minutes April 14, 2015 Page 91 of 100 WHEREAS, on March 18t", 2015, the CCPD approved an amendment to appropriate excess funds to purchase radios in the amount of $60,500; and WHEREAS, this amendment reappropriates $17,200 in the Drainage Fund from Engineering to Professional Outside Services related to mosquito abatement; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit "A", will serve the public interest and is necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2014-2015 Budget is hereby amended to fund the line items as stated in Exhibit "A", a copy of which is attached hereto and incorporated herein. This Amendment No. 1 (Exhibit "A") to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2014-2015 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the first amendment that has occurred since the October 1, 2014 effective date of the Town's Fiscal Year 2014-2015 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2014-2015 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. ORD 2015-07 Page 2 of 5 Town Council Minutes April 14, 2015 Page 92 of 100 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 14th day of April, 2015. 6� S Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: [SEAL] Q Holly Firms s, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas :1r�q,�, ORD 2015-07 Page 3 of 5 Town Council Minutes April 14, 2015 Page 93 of 100 ix Mm:ST A Town of Trophy Club Budget Amendment No. 1 There is no net effect on the Fiscal Year 2014-2015 General Fund and Drainage Fund budget as a result of the proposed budget amendment. The Fiscal Year 2014-2015 CCPD Budget increase specified below is a result of the appropriation of prior year fund balance to purchase radios. The EDC 4-B Budget decrease specified below is a result of the elimination of a transfer to the General Fund to fund a position that was eliminated subsequent to the adoption of the Fiscal Year 2015 budget. CCPD Line Item Department Current Budget Amendment Amended Budget Capital Outlay CCPD 47,179 60,500 107,679 Drainage Line Item Department Current Budget Amendment Amended Budget Professional Outside Services Drainage 0 17,200 17,200 Engineering Drainage 100,000 (17,200) 82,800 EDC 4-B Line Item Department Current Budget Amendment Amended Budget Transfer to General Fund EDC 4-13 155,634 (65,670) 89,964 ORD 2015-07 Page 4 of 5 Town Council Minutes April 14, 2015 Page 94 of 100 General Fund Line Item Department Current Budget Amendment Amended Budget Salaries Manager's Office 523,682 150,000 673,682 Retirement Manager's Office 115,002 15,000 130,002 Social Security Taxes Manager's Office 29,400 2,000 31,400 Medicare Taxes Manager's Office 7,686 2,000 9,686 Auto Allowance Manager's Office 12,000 (4,360) 7,640 Intergovernmental Transfer EDC Revenue (155,634) 65,670 (89,964) Developer's Fees Revenue (30,000) (105,000) (135,000) Retirement Police 217,589 (40,000) 177,589 Retirement Legal 28,203 (5,000) 23,203 Retirement Streets 26,229 (5,000) 21,229 Retirement Parks 76,589 (12,500) 64,089 Retirement Medians 17,469 (3,000) 14,469 Retirement Recreation 23,140 (3,500) 19,640 Retirement CD 51,888 (10,000) 41,888 Retirement EMS 91,367 (14,000) 77,367 Retirement Finance 32,338 (10,000) 22,338 Retirement Court 8,714 (1,000) 7,714 Retirement HR 8,882 (2,000) 6,882 Retirement IT 24,068 (4,500) 19,568 Salaries Police 1,249,755 (60,000) 1,189,755 Overtime Police 46,324 25,000 71,324 Holiday Police 25,080 (5,000) 20,080 Medical Insurance Police 127,636 (15,000) 112,636 Medical Insurance Finance 23,861 (8,000) 15,861 PID Reimbursement Revenue (8,000) (40,000) (48,000) Hardware IT 16,623 25,000 41,623 Software & Support IT 147,602 68,500 216,102 Capital Streets 0 55,000 55,000 Sales Tax Revenue (654,543) (21,810) (676,353) Elections Manager's Office 24,000 (13,500) 10,500 Salaries Streets 148,225 (5,000) 143,225 Fuel Police 58,995 (10,000) 48,995 Fuel Parks 17,013 (5,000) 12,013 Fuel Medians 5,447 (5,000) 447 ORD 2015-07 Page 5 of 5 Town Council Minutes April 14, 2015 Page 95 of 100 ATTACHMENT K Ordinance No. 2015-06 Town Council Minutes April 14, 2015 Page 96 of 100 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-06 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE III, ENTITLED "TAX ON TELECOMMUNICATIONS SERVICES" TO CHAPTER 15, ENTITLED "TAXATION", TO REPEAL THE SALES TAX EXEMPTION ON TELECOMMUNICATIONS SERVICES SOLD WITHIN THE BOUNDARIES OF THE TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT (SUCH BOUNDARIES BEING THE SAME BOUNDARIES AS THAT OF THE CORPORATE TERRITORY OF THE TOWN) AND THEREBY LEVYING A TAX ON THOSE SERVICES AT THE MAXIMUM RATE AUTHORIZED BY LAW FOR ALL OTHER LOCAL SALES AND USE TAXES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF ARTICLE III TO CHAPTER 15 REPEALING THE EXEMPTION AND LEVYING A TAX ON TELECOMMUNICATIONS SERVICES; PROVIDING FOR THE LEVY OF THE TAX AND THE RATE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR NOTIFICATION TO THE STATE COMPTROLLER; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 321.210 of the Texas Tax Code provides that telecommunications services are subject to the state sales tax, but are exempt from all local sales taxes; and WHEREAS, Section 322.109 of the Texas Tax Code also provides that a local government may repeal that exemption from local sales tax by ordinance; and WHEREAS, the Town of Trophy Club had previously repealed the telecommunications services tax exemption within the Town in 1989; however, with recent elections reallocating sales tax within the Town from the Economic Development Corporation 413 to the Trophy Club Crime Control and Prevention District (hereinafter "CCPD"), the sales tax exemption for telecommunications services is currently in effect for telecommunications services within the boundaries of the Crime Control and Prevention District (such boundaries being the same boundaries as the corporate territory of the Town); and WHEREAS, on August 28, 2014, the Crime Control Prevention District Directors considered the current sales tax exemption and determined that it would be beneficial to the objectives of the CCPD to recommend the repeal of the telecommunications ORD 2015-06 Town Council Minutes April 14, 2015 Page 97 of 100 services sales tax exemption within the boundaries of the CCPD and to levy a sales and use tax on those services; and WHEREAS, the CCPD does not have the authority to adopt an ordinance and has therefore requested that the Trophy Club Town Council approve the repeal of sales tax exemption on telecommunications to provide additional revenues to the CCPD; and WHEREAS, the Town Council has considered the recommendation of the CCPD and has determined that the best interests of the Town and of the CCPD would be served by adopting this ordinance repealing the telecommunications sales and use tax exemption within the boundaries of the CCPD and levying a tax at the rate lawfully imposed for all other local sales and use taxes as authorized by the legislature of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Chapter 15 of the Code of Ordinances of the Town of Trophy Club, entitled "Taxation" is hereby amended to add Article III, entitled "Tax on Telecommunications Services", so that Article I I I shall be and read in its entirety as follows: Article III. Tax on Telecommunications Services. 3.01 Telecommunications Tax Levied / Rate. A local sales and use tax is hereby authorized on all telecommunications services sold within the boundaries of the Trophy Club Crime Control and Prevention District. For purpose of this Article, the sale of telecommunications services is consummated at the location of the telephone or other telecommunications device from which the call or other communication originates. If the point of origin cannot be determined, the sale is consummated at the address to which the call or other communication is billed. The rate of the sales and use tax imposed by this Article shall be the same as that rate lawfully imposed by the Trophy Club Crime Control and Prevention District for all other local sales and use taxes as authorized by the legislature of the State of Texas, and the statutory exemption for sales and use tax on telecommunications is hereby repealed. ORD 2015-06 Town Council Minutes April 14, 2015 Page 98 of 100 2 SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting sales and use tax and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. COMPTROLLER NOTIFICATION The Strategic Services Coordinator shall forward to the Comptroller of the State of Texas by email a signed copy of this ordinance. The sales and use tax shall be levied by the Comptroller in accordance with state law. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. ORD 2015-06 Town Council Minutes April 14, 2015 Page 99 of 100 3 SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 14th day of April, 2015. ATTEST: Town Secr tary, Holly Fimbres Town of Tfophy Club, Texas [SEAL] own Attorney, Patricia A. Adams Town of Trophy Club, Texas ORD 2015-06 Mayor, C. Nick Sanders Town of Trophy Club, Texas [SEAL] O � AF Town Council Minutes April 14, 2015 Page 100 of 100 4