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Agenda Packet TC 11/25/2014Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMTuesday, November 25, 2014 CALL TO ORDER AND ANNOUNCE A QUORUM INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. SPECIAL SESSION JOINT MEETING WITH ECONOMIC DEVELOPMENT CORPORATION 4B (EDC 4B) AND TIRZ BOARD 1.2014-1651-T Consider and take appropriate action to reaffirm the Incentive Term Sheet for Old Town Development, previously approved on March 24, 2014 and consider and take appropriate action regarding proposed amendments to the Term Sheet. * The Town Council, Economic Development Corporation 4B and Tax Increment Reinvestment Zone No. 1 may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.087. 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. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 2.2014-1644-T Consider and take appropriate action regarding the Minutes dated September 9, 2014. DRAFT TC Minutes September 9, 2014.pdfAttachments: Town Council Page 1 of 166 Meeting Date: Tuesday, November 25, 2014 November 25, 2014Town Council Meeting Agenda 3.2014-1645-T Consider and take appropriate action regarding the Minutes October 28, 2014. DRAFT TC Minutes October 28, 2014.pdfAttachments: 4.2014-1650-T Consider and take appropriate action regarding an Ordinance of the Town repealing Ordinance 2014-09 and Ordinance No. 2014-19 creating and amending Tax Increment Reinvestment Zone No. Two, Town of Trophy Club, Texas (TIRZ No.2); and providing an effective date. Staff Report - TIRZ No 2 Ordinance Repeal.pdf ORD 2014-09 Creation Ordinance for TIRZ #2 - PASSED 4-21-2014.pdf ORD 2014-19 TIRZ#2 Amendment.pdf ORD 2014-38 Ordinance for TIRZ #2 Repealed.pdf Attachments: 5.2014-1653-T Consider and take appropriate action regarding a Resolution of the Town Council repealing Resolution No. 2014-08 appointing citizens to serve on the Board of Directors of Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas; and providing an effective date. Staff Report - TIRZ No 2 Board Dissolution.pdf RES 2014-08 Appointing Citizens to the TIRZ #2 Board - PASSED 4-21-2014.pdf RES 2014-48 Repealing Appointing Citizens to the TIRZ #2 Board.pdf Attachments: 6.2014-1648-T Consider and take appropriate action regarding the resignation of Town Secretary/RMO Tammy Ard. Resignation Letter - Tammy Ard.pdfAttachments: 7.2014-1657-T Consider and take appropriate action to appoint Tammy Ard as the interim Town Secretary/RMO until a permanent Town Secretary/RMO is hired. REGULAR SESSION 8.2014-1654-T Update and discussion regarding capping and removing well equipment on six gas well sites. 9.2014-1646-T Consider and take appropriate action regarding a Resolution of the Town repealing Resolution No. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Staff Report - Appointing a Chairperson for TIRZ #1.pdf Res 2014-44 repealing RES 2014-04 Appointing Citizens to the TIRZ 1 Board.pdf Attachments: Town Council Page 2 of 166 Meeting Date: Tuesday, November 25, 2014 November 25, 2014Town Council Meeting Agenda 10.2014-1637-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club providing for increased prior and current service annuities (repeating or ad hoc) under the act governing the Texas Municipal Retirement System (“TMRS”) for retirees and beneficiaries of deceased retirees of the Town of Trophy Club, and establishing an effective date for the ordinance. Staff Report - TMRS 2014.pdf ORD 2014-39 TMRS (Ad Hoc).pdf ORD 2014-40 TMRS (Repeating).pdf Attachments: 11.2014-1639-T Consider and take appropriate action to reschedule the date for the December Town Council regular session meeting to December 9, 2014 and schedule a special called meeting to review site plans for joint Town Hall and Police facility with GSBS Architects. 12.2014-1647-T Consider and take appropriate action concerning the purchase and implementation of Active Net software to be used by the Parks and Recreation Department; and authorizing the Mayor or his designee to execute all necessary documents. Staff Report - Active Net Software.pdf Active Net Benefits.pdf Active Net Costs.pdf Active Net Presentation.pdf Attachments: 13.2014-1656-T Consider and take appropriate action regarding the appointment of a hiring committee for a new Town Secretary/RMO. Town Secretary job description 11-2014.pdfAttachments: 14.2014-1638-T Consider and take appropriate action regarding an Ordinance of the Town amending various sections of Article I, “Animals” of Chapter ii, “Animal Control” of the Code of Ordinances, to adopt regulations regarding the keeping of Fowl within the corporate limits of the Town; providing for regulations relative to enclosures, setbacks for coops, nuisances and other related matters; providing a penalty for violations; and providing an effective date. Staff Report - Chicken Ordinance.pdf ORD 2014-37 amending Chapter 2 Animal Cont Article I Animals (Amending 2006-24).pdf Ordinance Information for Town Cities regarding Chickens.pdf Attachments: 15.2014-1641-T Town Council Liaison Updates; discussion of same: * Parks & Recreation Board - November 17th Council Liaison - Council Member Shoffner Town Council Page 3 of 166 Meeting Date: Tuesday, November 25, 2014 November 25, 2014Town Council Meeting Agenda 16.2014-1642-T Town Manager Slye's update regarding the following; discussion and provide input regarding same. · Transportation Update - Indian Creek Project - 114 · Human Resources Update - Human Resources - Director of Finance · Parks & Recreation - Christmas Celebration, December 6th · Crosswalk Safety Improvements · Food Drive for Roanoke Food Pantry 17.2014-1643-T Items for Future Agendas. Items for Future Agendas UPDATED 10-28-2014.pdfAttachments: EXECUTIVE SESSION 18.2014-1640-T Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations RECONVENE INTO REGULAR SESSION 19.2014-1652-T Consider and take appropriate action regarding the Executive Session. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Page 4 of 166 Meeting Date: Tuesday, November 25, 2014 November 25, 2014Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on November 20, 2014 by 7:00 P.M. in accordance with Chapter 551, Texas Government Code. Tammy Ard Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of November, 2014. ________________________________, Title: ___________________________ Town Council Page 5 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1651-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/19/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action to reaffirm the Incentive Term Sheet for Old Town Development, previously approved on March 24, 2014 and consider and take appropriate action regarding proposed amendments to the Term Sheet. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action to reaffirm the Incentive Term Sheet for Old Town Development, previously approved on March 24, 2014 and consider and take appropriate action regarding proposed amendments to the Term Sheet. Town Council Page 6 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1644-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/19/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action regarding the Minutes dated September 9, 2014. Attachments:DRAFT TC Minutes September 9, 2014.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated September 9, 2014. Town Council Page 7 of 166 Meeting Date: Tuesday, November 25, 2014 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, September 9, 2014 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, September 9, 2014. 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 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Tammy Ard Town Secretary April Reiling PIO/Marketing Manager Scott Kniffen Police Chief Steven Glickman Finance Director Mayor Sanders announced the date of Tuesday, September 9, 2014 called the Town Council to order and announced a quorum at 6:00 p.m. Invocation and Pledges moved after executive session. The Invocation was offered by Mayer Sanders. The Pledges were led by Town Manager Slye. EXECUTIVE SESSION 1. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: A. Texas Government Code Section 551.071(2) “Consultation with Attorney” and Texas Government Code Section 551.072 “Deliberations about Real Property” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act and to discuss or 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: (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations. Town Council Page 8 of 166 Meeting Date: Tuesday, November 25, 2014 CONVENE INTO EXECUTIVE SESSION - START TIME – 6:03 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 7:06 P.M. RECONVENE INTO REGULAR SESSION 2. Consider and take appropriate action regarding the Executive Session. No action taken. CONVENE INTO REGULAR SESSION - START TIME – 7:06 P.M. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Mindi Bone, 2817 Sherwood Drive, requesting Council to join the Beck PTA and attend the general meeting on Tuesday, September 16, 2014. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 3. Consider and take appropriate action regarding the minutes dated August 12, 2014 4. Consider and take appropriate action regarding the Minutes dated August 18, 2014. 5. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer/ Absent Student Assistance Program services for Fiscal Year 2014-2015; and authorizing the Mayor or his designee to execute all necessary documents. Attachment A - Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer/ Absent Student Assistance Program 6. Consider and take appropriate action regarding an agreement between the Town and Brian Hall, doing business as Brian the Animal Guy, for animal control services; and authorizing the Mayor or his designee to execute all necessary documents. 7. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Shared Governance Communications and Dispatch Services System; and authorizing the Mayor or his designee to execute all necessary documents. Mayor Pro Tem Lamont requested that agenda item number 5 be pulled from the consent agenda. Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve the Consent Agenda items 3, 4, 6 & 7. Motion passed unanimously. Town Council Page 9 of 166 Meeting Date: Tuesday, November 25, 2014 Original motion Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve agenda item 5 as the document is written. Amended motion Motion made by Mayor Pro Tem Lamont, to remove the addition of ‘Town expense for regular maintenance, i.e., tires, fuel filters, A/C units, transmission defects, etc. shall not exceed $2,000 per fiscal year.’ Amended motion failed for lack of a second. Original motion passed unanimously. PUBLIC HEARING 8. Town Council to conduct First Public Hearing regarding proposed fiscal year October 1, 2014 to September 30, 2015 budget pursuant to Section 9.05 of the Town Charter; making appropriations and providing for expenditures. 9. Town Council to conduct First Public Hearing regarding proposed tax rate for fiscal year October 1, 2014 to September 30, 2015 and Mayor to announce the date, time and place of the vote on the tax rate. CONVENE INTO PUBLIC HEARING - START TIME – 7:16 P.M. PUBLIC HEARING - END TIME – 7:18 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 7:18 P.M REGULAR SESSION 10. Consider and take appropriate authorizing a Special Event Permit for the Byron Nelson High School Homecoming Parade scheduled for September 24, 2014. Byron Nelson High School (BNHS) submitted a Special Event application on August 25, 2014 for the annual BNHS Homecoming Parade and Pep Rally, which is scheduled for Wednesday, September 24, 2014. Participants will begin staging at 6:00 p.m. at Medlin Middle School and Independence East parking lots, and along Parkview where appropriate (semi-trucks and large vehicles stage on Parkview). The parade is scheduled to start at 6:30 and will end approximately 8 p.m. The Special Events committee reviewed the packet on Thursday, August 28, 2014 and found it acceptable with certain adjustments to ensure the safety of all parties. The Parade Route was discussed in detail. All parade route roads will be closed to vehicular traffic while the parade is on that portion of the route. Police will open intersections and roadways once the parade has moved past any given access point along the route. The only portion of the parade route that will remain open is the northbound (outside) lane of Trophy Club Drive from Durango to Galloway Drive in order to allow vehicular access into the Turnberry and Highlands neighborhoods. This portion will be for ingress traffic only and will be controlled/monitored by police and traffic management volunteers. Residential Impact – The following neighborhoods/churches will not have access to/from their homes during the parade: - Royal Troon - Meadow Ridge - First Neighborhood entering the Lakes (Greg Lamont’s neighborhood) - LDS Church Town Council Page 10 of 166 Meeting Date: Tuesday, November 25, 2014 Josh Withers, Vice Principle at Byron Nelson High School addressed the Council letting them know that Byron Nelson has taken the steps to help relieve the stress this causes to Trophy Club in the future (for example adjusting the start time, adjusting the starting location) and thanked Council for allowing them to have the parade. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve the homecoming parade route. Motion passed unanimously. 11. Consider and take appropriate action regarding Proclamation of the Town Council of the Town of Trophy Club, declaring September 17-23, 2014, as Constitution Week 2014 in Trophy Club. Council Member Parrow read the Proclamation 2014-09 into record. Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to approve Proclamation 2014- 09 declaring September 17-23, 2014, as Constitution Week 2014 in the Town of Trophy Club, Texas. Motion passed unanimously. 12. Consider and take appropriate action regarding Proclamation of the Town Council of the Town of Trophy Club, declaring September, 2014 Blood Cancer Awareness Month in Trophy Club. Council Member Parrow read the Proclamation 2014-10 into record. Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to approve Proclamation 2014- 10 declaring September, 2014 Blood Cancer Awareness Month in the Town of Trophy Club, Texas. Motion passed unanimously. 13. Consider and take appropriate action regarding Proclamation of the Town Council of the Town of Trophy Club, declaring September as Preparedness Month in Texas to coincide with National Preparedness Month across the United States. Motion made by Council Member Shoffner, seconded by Council Member Parrow, to recognize the recognition given by the Governor of Texas, the Honorable Rick Perry, designating September 2014 as Preparedness Month in Texas which coincides with National Preparedness Month across the United States. Motion passed unanimously. 14. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (Authorized Improvements Assessment); making and adopting findings; accepting and approving the annual Service Plan Update and Updated Assessment Roll; and providing an effective date. Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve Ordinance 2014-26 accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 and accepting and approving the annual Service Plan Update and Updated Assessment Roll, to be effective October 1, 2014. Motion passed unanimously. Town Council Page 11 of 166 Meeting Date: Tuesday, November 25, 2014 15. Consider and take appropriate action regarding a Resolution accepting an Annual Service and Assessment Plan Update for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No.1 (The Highlands at Trophy Club), and the proposed Assessment Roll; setting a date for Public Hearing; authorizing the publication of notice and directing the mailing of notices as required by law; enacting other provisions relating thereto; and providing an effective date. Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve Resolution 2014-32 accepting an Annual Service and Assessment Plan Update for Authorized Services (Emergency Services) for the Town of Trophy Club Public Improvement District No. 1 and the proposed Assessment Roll, setting the date of September 23, 2014 for a Public Hearing, authorizing the publication of notice and directing the mailing of notices as required by law to be effective today, September 9, 2014. Motion passed unanimously. 16. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-23 appointing citizens to serve on the Ethics Commission, adopting a new resolution appointing citizens to fill vacancies on the Ethics Commission, and reaffirming existing appointments; and providing an effective date. Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to approve Resolution 2014-31, repealing 2014-23, reaffirming existing appointments and appointing: 1. Ronald Eddins (2015) 2. Tom Setser (2016) 3. Lorrie Branson (2017) Alt Dr. Charles Onyeama (2017) Alt Carol Sue Tombari (2017) Motion passed unanimously. 17. Consider and provide direction regarding required permits for Food Establishments as regulated by Article II, “Food Establishment Regulations” of Chapter 6, “Health and Sanitation" of the Code of Ordinances of the Town and other regulations applicable to miscellaneous food and beverage sales activities within the Town. In order to bring back an amendment to the current Ordinance with a new subsection for adoption, staff is looking for direction regarding: 1. Lemonade stands 2. Other things that are broader that happen during our semi-annual garage sale Council provided direction to the Town Manager in order to bring back an amendment to the current Ordinance with a new subsection for adoption. 18. Consider and take appropriate action regarding the Fiscal Year 2015 proposed budget discussed in the Council workshop, including the following: a. Managers Budget b. Park & Recreation Budget c. Streets d. Medians e. Community Development f. Human Resources g. Cell Phone Plan Alternatives h. Hazardous Mitigation Action Plan Town Council Page 12 of 166 Meeting Date: Tuesday, November 25, 2014 ** This item was moved up prior to agenda item 14. Town Manager Slye provided an overview of the Fiscal Year 2015 Proposed Budget. Attachment B – FY15 Proposed Budget – September 9, 2014 a. Managers Budget Main Motion Motion made by Council Member Parrow, seconded by Council Member Reed that the budget provide that the employee required contribution to TMRS be paid by the Town only if such a provision is included in the employees contract. Substitute Motion Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner that this benefit (the employee required contribution of 7% to TMRS paid by the Town) not be provided going forward to any current or future employee and the current employees receiving this benefit retain this benefit for the 2014-2015 budget. Mayor Sanders indicated that this substitute motion seems more like a policy Mayor Pro Tem Lamont is trying to set and not an amendment to the budget which is not action on the budget which is all we are agenda for. Mayor Pro Tem Lamont withdrew his substitute motion and the second agreed. Council Member Parrow withdrew his main motion and the second agreed. Motion made by Council Member Parrow, seconded by Council Member Reed, to reduce the Manager’s budget by $8,750. Motion fails 2-4-0 with Council Member Parrow and Council Member Reed, voting for and Council Member Rowe, Mayor Sanders , Mayor Pro Tem Lamont and Council Member Shoffner voting against. Motion made by Council Member Parrow, seconded by Council Member Rowe, to reduce the Manager’s budget by $6,000. (referencing auto allowances) Motion fails 3-3-0 with Council Member Rowe, Council Member Reed and Council Member Parrow, voting for and Mayor Sanders, Mayor Pro Tem Lamont and Council Member Shoffner voting against. b. Park & Recreation Budget Motion made by Council Member Parrow, seconded by Council Member Reed, to reduce the Parks auto allowance budget by $2,100 and reduce the Recreation auto allowance by $2,100. Motion fails 3-3-0 with Council Member Rowe, Council Member Reed and Council Member Parrow, voting for and Mayor Sanders, Mayor Pro Tem Lamont and Council Member Shoffner voting against. Council Member Rowe would like for the Town Manager to do a cost benefit analysis where auto allowances are concerned. c. Streets No action d. Medians Town Council Page 13 of 166 Meeting Date: Tuesday, November 25, 2014 No action e. Community Development Council Member Parrow requested clarification on: $12,000 planning/Counseling Services $8,000 third party inspection if necessary f. Human Resources No action g. Cell Phone Plan Alternatives Motion made by Council Member Parrow, seconded by Council Member Rowe, to request the Town Manager initiate a cell phone plan review to determine the benefit of changing our current cell phone program to a lower unit cost and improved rate plan. Mayor Sanders ruled the motion out of order as we are discussing the budget, he realizes the cell phone plan effects the budget; however, a management issue of reviewing a plan which does not directly affect the budget. Attachment C – Cell phone & Plan Potential Alternative provided by Council Member Parrow h. Hazardous Mitigation Action Plan Mayor Pro Tem Lamont requested an explanation of the Hazardous Mitigation Action Plan as it relates to the budget. No action Public Hearing for the budget will be held Monday, September 15, 2014. 19. Consider and take appropriate action to engage third party vendor for ground spraying for mosquitoes of threatened areas within the town limits of Trophy Club. Discussion only and no action was given to spray. 20. Town Council Liaison Updates; discussion of same. • EDC 4B - Monday, September 8, 2014 Council Liaison – Council Member Rowe 21. Town Manager Slye's update regarding the following; discussion and provide input regarding same. • 9/11 Ceremony - Thursday, September 11, 2014 at 9:00 am • Trophy Club Fire Department Badge and Ribbon Ceremony Sunday, September 21, 2014 at 3:30 pm • 114/170 Transportation Update • Human Resources update: - Chief Kniffen - Steven Glickman Town Council Page 14 of 166 Meeting Date: Tuesday, November 25, 2014 Town Manager Slye updated the Council and addressed questions; no action taken, update only. 22. Discussion of agenda items posted for consideration on the upcoming regular session council agenda for September 23, 2014 and 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 asked that review of policies related to employee’s compensation for auto allowances and retirement plans be placed on the list. Mayor Sanders asked that review of cell phone/wireless policy and plans be placed on the list. Council Member Rowe asked that “Consider and take appropriate action regarding parking on Parkview and options for Police Department mitigation” be placed on the list. Council Member Rowe asked that “Consider and take appropriate action regarding crosswalk safety enhancements” be placed on the list. Mayor Pro Tem Lamont asked that “Consider and take appropriate action regarding the review of the sign ordinance” be placed on the list RECONVENE INTO EXECUTIVE SESSION - START TIME – 9:20 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 9:52 P.M. ADJOURN Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried unanimously. Meeting adjourned at 9:53 p.m. ___________________________________ ___________________________________ Tammy Ard, Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 15 of 166 Meeting Date: Tuesday, November 25, 2014 ATTACHMENT A Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer/ Absent Student Assistance Program Town Council Page 16 of 166 Meeting Date: Tuesday, November 25, 2014 T o w n C o u n c i l P a g e 1 7 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 1 8 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 1 9 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 2 0 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 2 1 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 2 2 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 2 3 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 2 4 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 2 5 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 2 6 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 2 7 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 ATTACHMENT B FY15 Proposed Budget – September 9, 2014 Town Council Page 28 of 166 Meeting Date: Tuesday, November 25, 2014 TOWN OF TROPHY CLUB FY15 Proposed Budget September 09, 2014 Town Council Page 29 of 166 Meeting Date: Tuesday, November 25, 2014 BUDGET CALENDAR September 9th First Public Hearing on Tax Rate Public Hearing on Budget Resolution accepting proposed SAP & setting Public Hearing date September 15th Second Public Hearing on Tax Rate September 23rd Budget Adoption Tax Rate Adoption Public Hearing on PID Emergency Services Assessment Approve tax Roll Vote to Ratify Property Tax Revenue Adopt PID Emergency Services Assessment Rate and Roll Town Council Page 30 of 166 Meeting Date: Tuesday, November 25, 2014 2014 – 2015 ALL FUND SUMMARY Beginning Fund Balance Revenue Expenditures Other Sources (Uses) Net Increase (Decrease) Ending Fund Balance The General Fund 2,960,660 8,480,167 8,259,769 (374,000) (153,602) 2,807,058 Debt Service Fund 122,222 1,498,553 1,573,662 127,350 52,241 174,463 Capital Projects Fund 4,275,854 200,500 4,627,524 385,000 (4,042,024) 233,830 CCPD Fund 92,246 147,272 83,464 (75,000) (11,192) 81,054 Street Maint. Fund 24,268 163,636 131,300 (25,000) 7,336 31,604 Stormwater Drainage Utility Fun 692,333 423,900 1,082,129 (27,350) (685,579) 6,754 Trophy Club Park Fund 4,389 153,752 150,149 (8,000) (4,397) (7) Hotel Occupancy Fund 285,590 233,716 38,825 - 194,891 480,481 Court Technology Fund 22,071 5,000 5,730 - (730) 21,341 Court Security Fund 22,526 3,788 - (3,000) 788 23,314 Grants Fund 4,687 - - - - 4,687 25th Anniversary Fund 2,114 - - - - 2,114 EDC 4B Fund 332,636 327,572 324,960 - 2,612 335,248 TIRZ #1 - 13,144 - - 13,144 13,144 Recreation Program Fund - 4,000 4,000 - - Total 8,841,595$ 11,655,000$ 16,281,512$ -$ (4,626,512)$ 4,215,083$ Town Council Page 31 of 166 Meeting Date: Tuesday, November 25, 2014 FY15 BUDGET – REVENUE HIGHLIGHTS Tax Value = $1,220,245,056 New Construction = 8.66% Increase Existing = 6.87% Increase FY 15 Proposed Tax Rate = $0.4900/$100 (1.9%) Decrease Sales Tax 2.57% Increase over FY 14 Projected Estimate($659K) Developer’s Fees = $30K (FY 14 Estimate - $158K) Building Permits 150 = $501K (FY 14 Estimate - $652k) Franchise Fees: Electric = $389K (7.9% increase) Gas = $70K (8.1% increase) Cable/Tele = $270K (7.6% increase) Refuse = $83K (1.7% decrease) SEMO = $26K Pool Entry Fees = $124K (FY 14 - $121K) Estimated FY 15 Projection = $153,000 Deficit Town Council Page 32 of 166 Meeting Date: Tuesday, November 25, 2014 FY14 BUDGET – EXPENSE HIGHLIGHTS Personnel Compensation Merit = 3% at April 1st One Time Stipend for all employee’s @ $750 per employee Personnel Changes Second School Resource Officer – 68% NWISD Funded Health Insurance PPO – 5% increase HRA – 5% increase HSA – 12% increase Supplies & Services 1% decrease from FY 14 estimate Town Council Page 33 of 166 Meeting Date: Tuesday, November 25, 2014 Replacement Ambulance -EMS Replacement Irrigation Truck -Parks Replacement Zero Turn Mower –Parks Replacement T650 Bobcat – Parks Split between Parks & Trophy Club Park Analog to Digital Mobile Radio upgrade – EMS Various scheduled replacements – Information Services CCPD Tahoe Patrol Unit – Police New SRO Equipment - Police Town Council Page 34 of 166 Meeting Date: Tuesday, November 25, 2014 Indian Creek Reconstruction and Drainage ($1,159,904; total prior funding $672,467) Funded through 2013 C.O. & Denton County Contribution Pin Oak Court ($383,000) Funded through 2013 C.O. Timberline Court ($154,000) Funded through 2013 C.O. Pebble Beach Drive ($783,000) Funded through 2014 Tax Note & Fund Balance CAPITAL IMPROVEMENTS Town Council Page 35 of 166 Meeting Date: Tuesday, November 25, 2014 Broadway Creek Improvements and Amenity Lake Slopes ($114,000) Funded through 2013 C.O. & Drainage Fund Operations Independence East Bleachers ($23,310) Funded through 2010 G.O. Independence East Security Cameras ($22,484) 2010 G.O. Cypress Court Drainage Inlets ($30,000) Funded through 2013 C.O. & Drainage Fund Operations Municipal and Police Services Facility Land ($2,500,000) 2014 C.O. Lake View Soccer ($200,000): Funded through the 2014 Tax Note and Fund Balance CAPITAL IMPROVEMENTS - CONTINUED Town Council Page 36 of 166 Meeting Date: Tuesday, November 25, 2014 Questions? Town Council Page 37 of 166 Meeting Date: Tuesday, November 25, 2014 ATTACHMENT C Cell phone & Plan Potential Alternative provided by Council Member Parrow Town Council Page 38 of 166 Meeting Date: Tuesday, November 25, 2014 T o w n C o u n c i l P a g e 3 9 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 4 0 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 Town Council Page 41 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1645-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/19/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action regarding the Minutes October 28, 2014. Attachments:DRAFT TC Minutes October 28, 2014.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes October 28, 2014. Town Council Page 42 of 166 Meeting Date: Tuesday, November 25, 2014 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, October 28, 2014 at 7:30 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, October 28, 2014. 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 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Patricia Adams Town Attorney Tammy Ard Town Secretary April Reiling PIO/Marketing Manager Danny Thomas Fire Chief Lee Delk Police Commander/Interim Police Chief John Zagurski Budget Analyst Matt Jones Senior Planner Mayor Sanders announced the date of Tuesday, October 28, 2014 called the Town Council to order and announced a quorum at 7:31 p.m. The Invocation was offered by Chief Thomas. The Pledges were led by Commander Delk. 1. Swearing in of Chief Patrick Arata Judge Chambers administered the oath of office to Chief Arata. Nicole Arata pinned Chief Arata’s badge. Chief Arata provided a few incoming remarks. CONVENE INTO WORKSHOP SESSION - START TIME – 7:45 P.M. WORKSHOP SESSION 2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 28, 2014. Mayor Pro Tem Lamont requested clarification regarding consent agenda item number 12. Town Council Page 43 of 166 Meeting Date: Tuesday, November 25, 2014 Council Member Parrow would further like to discuss item # 7 on the consent agenda; wanted to let the Mayor know he will wanting to pull that item. 3. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the November 13, 2014 meeting. Mayor Pro Tem Lamont requested remove or replat TIRZ #2 to the November 13, 2014 agenda. 4. Discuss and receive input from Council regarding Town ordinances regulating the keeping of chickens and other types of fowl with the Town limits. Town Manager Slye provided an overview regarding our current ordinance. Council provided direction in order for this ordinance to come back at a future date. 5. Discussion of items from future agenda list: A. Consider and take appropriate action regarding term limits for Board and Commission members. (Rowe 7/22/2014) Council would like this brought back with term limits and limits of terms. B. Consider and take appropriate action regarding giving direction to CFAB. (Sanders 7/22/2014) CFAB has been given the task to review: retirement options, RFP for outsourcing the parks department and salary true up for fire and police This item can be removed from the future agenda list. C. Consider and take appropriate action regarding purchase of land at Trophy Club Drive and SH114 for signage. (Sanders 7/22/2014) Mayor Sanders provided pictures that covered items C & D. Give the Town Manager the direction to get pricing, gather property information on the corner of Trophy Club Drive and SH114 for a Town entry monument. Attachment A - Signs D. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) Council would like a plan brought back regarding monument and directional signage. E. Consider and take appropriate action regarding residential property renewal for tax incentives and grants for the recovery and renewal of existing residential properties. (Rowe 8/12/2014) This item can be removed from the future agenda list. CONVENE INTO REGULAR SESSION - START TIME – 8:48 P.M. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. Town Council Page 44 of 166 Meeting Date: Tuesday, November 25, 2014 Jenny and Adam Fox, 2753 Enfield Drive addressed the Council regarding the Lennar builder trailer on Waverly Drive that has been located there since 2009. 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. 6. Consider and take appropriate action regarding the minutes dated October 14, 2014. 7. Consider and take appropriate action regarding an amendment to the Town's Cash Handling Policy to provide procedures for the processing of coin payments tendered to the Town. Council Member Parrow requested to remove agenda item #7 from the consent agenda. Council Member Parrow requested clarification on this policy and possible alternatives to paying municipal fines with large amounts of change. Motion made by Council Member Parrow, seconded by Council Member Reed, to approve an amendment to the Town's Cash Handling Policy to provide procedures for the processing of coin payments tendered to the Town. Motion passed unanimously. 8. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-27 authorizing participation in various cooperative purchasing programs and adopting a new resolution authorizing participation in various cooperative purchasing programs in accordance with the Town’s Procurement Policies and Procedures authorizing execution of any and all necessary agreements for participation in the cooperative programs by the Mayor or his designee and approving related contracts and the payment of related fees in accordance with the budget and providing an effective date. 9. Consider and take appropriate action regarding the approval of the Town's application for Electric Reliability Council of Texas (“ERCOT”) membership for 2015 and the ERCOT Membership Agreement; authorizing the payment of required membership fees; and authorizing the Mayor or his designee to execute necessary documents. 10. Consider and take appropriate action regarding an Interlocal Agreement between the Town and the City of Frisco for the purchase of Law Enforcement Uniforms as part of Cooperative Bid with Red the Uniform Tailor; and authorizing the Town Manager or his designee to execute all necessary documents. 11. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Public Safety Application and Maintenance Support; and authorizing the Mayor or his designee to execute all necessary documents. 12. Consider and take appropriate action regarding an amendment to the Subdivider’s Agreement for Waters Edge at Hogan’s Glen, Phase 3; and authorizing the Mayor or his designee to execute all necessary documents. Updated Subdivider’s Agreement for Waters Edge at Hogan’s Glen, Phase 3 provided at the dais. Attachment B - Updated Subdivider’s Agreement for Waters Edge at Hogan’s Glen, Phase 3 Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda. Motion passed unanimously. Town Council Page 45 of 166 Meeting Date: Tuesday, November 25, 2014 PUBLIC HEARING 13. Public Hearing regarding a request for an amendment to Planned Development No. 30 (PD-30), an approximate 26.4 acres of land located generally at the northeast corner of Trophy Club Dr. and State HWY 114. (THIS APPLICATION WAS WITHDRAWN FROM CONSIDERATION BY THE APPLICANT ON OCTOBER 7, 2014.) CONVENE INTO PUBLIC HEARING - START TIME – 9:05 P.M. PUBLIC HEARING - END TIME – 9:06 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 9:06 P.M. REGULAR SESSION 14. Consider and take appropriate action regarding a Resolution of the Town repealing Resolution no. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Original Motion Motion made by Council Member Rowe, seconded by Council Member Reed, to approve Resolution 2014-44 appointing David Brod as the chairperson and reaffirming existing appointments to the Board of Directors of Reinvestment Zone Number One. Substitute Motion Motion made by Council Member Reed, seconded by Council Member Parrow, to refer this item as Council would like to speak with Mr. Brod regarding TIRZ #1. Motion carried 5-1-0 with Mayor Pro Tem Lamont, Council Member Parrow, Council Member Reed, Council Member Rowe, and Council Member Shoffner, voting for and Mayor Sanders voting against. 15. Consider and take appropriate action concerning an appeal to the Tree Mitigation Ordinance as it relates to the Trophy Club Commons development located at 925 Trophy Club Drive. Original Motion Motion made by Council Member Reed, seconded by Mayor Pro Tem Lamont, to accept the proposed plan with a 99 year lease. Amended Motion Motion made by Mayor Sanders, seconded by Council Member Parrow to eliminate item #6 Giving the Town approximately $25,000 in mitigation monies upon the Town issuing a Certificate of Occupancy. Motion carried 5-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, Council Member Parrow, Council Member Reed, and Council Member Rowe, voting for and Council Member Shoffner voting against. Original motion with amendment passed unanimously. Town Council Page 46 of 166 Meeting Date: Tuesday, November 25, 2014 16. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37 appointing citizens to serve on the Crime Control and Prevention District Board (CCPD) and adopting a new Resolution to fill two (2) vacancies on the Board and reaffirming existing appointments to the CCPD; and providing an effective date. Original Motion Motion made by Council Member Parrow, seconded by Council Member Rowe, to approve Resolution 2014-40 replacing Resolution No. 2014-37 appointing citizens to serve on the Crime Control and Prevention District Board (CCPD) and adopting a new Resolution to fill two (2) vacancies on the Board and reaffirming existing appointments to the CCPD as follows: Crime Control and Prevention District 1. Dena Boudreau (2016) 5. Mike Conklin (2015) 2. Paul Glowacki (2016) 6. Adam Broyles (2015) 3. Louis Opipare (2016) 7. Loren Van Roekel (2015) 4. James Jay Isherwood (2015) Amended Motion Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to replace Adam Broyles with Mark Chapman. Pearl Ford, 2 Spring Creek, addressed the Council regarding the procedure of changing the process and does not think the procedure is correct to make an amendment to an item when the applicant is not in the agenda packet. Mayor Pro Tem Lamont withdrew his amendment and the second Council Member Parrow agreed. Original motion Motion passed unanimously. 17. Consider and take appropriate action regarding nominations to serve as a member of the Denton County Transportation Authority Board of Directors. Attachment C – Certified Minutes showing notice of nomination Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to nominate F. E. “Skip” Kalb Jr. in conjunction with the City of Roanoke to the Denton County Transportation Authority Board of Directors. Motion carried 5-1-0 with Mayor Sanders, Mayor Pro Tem Lamont, Council Member Reed, Council Member Rowe, and Council Member Shoffner, voting for and Council Member Parrow voting against. 18. Consider and take appropriate action regarding an Ordinance of the Town amending Subsection (6) of Section 2.02(B) “Speed of Vehicles” of Article II, “Traffic & Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances of the Town to establish a new effective time for the special speed zone (school zone) on Trophy Club Drive, south of its intersection with Durango Drive; providing a penalty not to exceed $200 for each violation; and providing an effective date. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve Ordinance 2014-34 to extend the school zone from 2:30 pm – 3:30 pm to 2:30 pm to 5:00 pm on Trophy Club Drive, south of its intersection with Durango Drive. Motion passed unanimously. Town Council Page 47 of 166 Meeting Date: Tuesday, November 25, 2014 19. Town Council Liaison Updates; discussion of same: • Parks & Recreation Board - October 20th Council Liaison Council Member Shoffner No action taken, update only. 20. Town Manager Slye's update regarding the following; discussion and provide input regarding same. • Election Update • Codification Update • Volunteer Dinner • Loop Road Update • Parks & Recreation Update - TC Fright Light Contest Winners - Dino Playground Update - Fall Family Camp Out - Fall Family Festival • Community Development Updates - Waters Edge at Hogan’s Glen, Phase 3 - Canterbury Hills, Phase 3 - The Isles of Turnberry, NH 4, The Highlands - Villas of Hogan’s Glen, Phase 2 Town Manager Slye updated the Council and addressed questions; no action taken, update only. 21. 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. Council Member Reed asked that we have a future discussion regarding how we handle street lights in Town. - Mayor Sanders would like an update at the next council Meeting Town Manager Slye notified Council that he received resignation from Tim Gamache as the American Supporting Americans (ASA) liaison. We need to solicit a volunteer to head the town’s participation in America Supporting Americans. Council Member Rowe asked that “Consider and take appropriate action regarding Codification of ordinances policy” be placed on the list. EXECUTIVE SESSION 22. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Town Council Page 48 of 166 Meeting Date: Tuesday, November 25, 2014 (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations CONVENE INTO EXECUTIVE SESSION - START TIME – 10:33 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 11:41 P.M. RECONVENE INTO REGULAR SESSION 23. Consider and take appropriate action regarding the Executive Session. Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to authorize the Town Manager to obtain a survey and appraisal, to re-engage the architect to provide conceptual layout or footprint for the building, and to offer a Letter of Intent to purchase for $7.00 per square foot or a price not to exceed fair market value for the purchase of an approximate 3.4 acre tract of land owned by the Methodist Church. Motion passed unanimously. Mayor Sanders explained that the Town has been looking at multiple options to locate Town facilities, and this is the beginning of our negotiation process. This action does not mean that we would not consider another location but we are moving forward with trying to secure a site. Attachment D – Letter of Intent to Methodist Church ADJOURN Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried unanimously. Meeting adjourned at 11:43 p.m. ___________________________________ ___________________________________ Tammy Ard, Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 49 of 166 Meeting Date: Tuesday, November 25, 2014 ATTACHMENT A Signs Town Council Page 50 of 166 Meeting Date: Tuesday, November 25, 2014 Corner of Hwy 114 and Trophy Club Drive Villages of Trophy Club Town Council Page 51 of 166 Meeting Date: Tuesday, November 25, 2014 Monument Signs Town Council Page 52 of 166 Meeting Date: Tuesday, November 25, 2014 Median Signs - Old Trophy Club @ Indian Creek Indian Creek @ Skyline Town Council Page 53 of 166 Meeting Date: Tuesday, November 25, 2014 Marque Sign – Trophy Wood Town Council Page 54 of 166 Meeting Date: Tuesday, November 25, 2014 Sites without Signs Bobcat at Town Limits Town Council Page 55 of 166 Meeting Date: Tuesday, November 25, 2014 Bobcat Site that Could Have Sign(s) Bobcat @ Marshall Creek Road Town Council Page 56 of 166 Meeting Date: Tuesday, November 25, 2014 Trophy Club @ Bobcat Could have direction to schools and parks Town Council Page 57 of 166 Meeting Date: Tuesday, November 25, 2014 ATTACHMENT B Updated Subdivider’s Agreement for Waters Edge at Hogan’s Glen, Phase 3 Town Council Page 58 of 166 Meeting Date: Tuesday, November 25, 2014 T o w n C o u n c i l P a g e 5 9 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 6 0 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 6 1 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 6 2 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 6 3 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 6 4 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 6 5 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 6 6 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 6 7 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 6 8 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 6 9 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 ATTACHMENT C Certified Minutes showing notice of nomination Town Council Page 70 of 166 Meeting Date: Tuesday, November 25, 2014 T o w n C o u n c i l P a g e 7 1 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 7 2 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 7 3 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 7 4 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 7 5 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 7 6 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 7 7 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 7 8 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 7 9 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 ATTACHMENT D Letter of Intent to Methodist Church Town Council Page 80 of 166 Meeting Date: Tuesday, November 25, 2014 T o w n C o u n c i l P a g e 8 1 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 8 2 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 8 3 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 8 4 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 Town Council Page 85 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1650-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/19/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action regarding an Ordinance of the Town repealing Ordinance 2014- 09 and Ordinance No. 2014-19 creating and amending Tax Increment Reinvestment Zone No. Two, Town of Trophy Club, Texas (TIRZ No.2); and providing an effective date. Attachments:Staff Report - TIRZ No 2 Ordinance Repeal.pdf ORD 2014-09 Creation Ordinance for TIRZ #2 - PASSED 4-21-2014.pdf ORD 2014-19 TIRZ#2 Amendment.pdf ORD 2014-38 Ordinance for TIRZ #2 Repealed.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town repealing Ordinance 2014-09and Ordinance No. 2014-19 creating and amending Tax Increment Reinvestment Zone No. Two, Town of Trophy Club, Texas (TIRZ No.2); and providing an effective date. Town Council Page 86 of 166 Meeting Date: Tuesday, November 25, 2014 To: Mayor and Town Council From: Stephen Seidel, Assistant Town Manager CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: TIRZ No. 2 Ordinance Repeal Town Council Meeting, Tuesday, November 25, 2014 Agenda Item: Consider and take appropriate action to adopt an Ordinance of the Town repealing Ordinance 2014-09 and Ordinance No. 2014-19 creating and amending Tax Increment Reinvestment Zone No. Two, Town of Trophy Club, Texas (TIRZ No. 2); and providing an effective date. Explanation: At the November 13, 2014 Council meeting, the Town Council provided staff direction to repeal Ordinances 2014-09 and 2014-19 which created and then amended Tax Increment Reinvestment Zone No. 2 (TIRZ No. 2). The attached ordinance provides for official repeal. A Resolution is also necessary to dissolve the TIRZ No. 2 Board, and is also included on the November 25, 2014 agenda. Staff has already initiated actions based upon Council direction to dissolve TIRZ No. 2, i.e. removal of information on the Town website, reaching out to the Denton County Tax Office, notifying those individuals who have served on the TIRZ No. 2 Board, etc. Attachments: • Ordinance 2014-09 (Creation Ordinance) • Ordinance 2014-19 (Amending Creation Ordinance boundaries) • Ordinance 2014-38 (THE REPEALING ORDINANCE) Recommendation: Staff recommends approval in order to repeal Ordinances 2014-09 and 2014-19 to dissolve TIRZ #2. Town Council Page 87 of 166 Meeting Date: Tuesday, November 25, 2014 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-09 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS DESIGNATING A CERTAIN CONTIGUOUS GEOGRAPHIC AREA IN THE TOWN OF TROPHY CLUB AS "REINVESTMENT ZONE NUMBER TWO, TOWN OF TROPHY CLUB, TEXAS"; CREATING A BOARD OF DIRECTORS FOR THE ZONE; PROVIDING THE EFFECTIVE AND TERMINATION DATES FOR THE ZONE; ESTABLISHING A TAX INCREMENT FUND FOR THE ZONE; CONTAINING OTHER MATTERS RELATED TO THE ZONE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council desires to promote the development of a certain contiguous geographic area in the Town, which is more specifically described in Exhibit "A" of this Ordinance (the "Zone"), through the creation of a new reinvestment zone as authorized by and in accordance with the Tax Increment Financing Act, Texas Tax Code, Chapter 311; and WHEREAS, the Town has prepared a preliminary financing plan for the Zone, as required by Texas Tax Code, Section 311.003(b); and WHEREAS, on April 21, 2014, the Town Council held a public hearing regarding the creation of the Zone and its benefits to the Town and to property in the Zone and afforded a reasonable opportunity for (i) all interested persons to speak for or against the creation of the Zone, its boundaries or the concept of tax increment financing and (ii) owners of real property in the Zone to protest inclusion of their property in the Zone, as required by Texas Tax Code, Sections 311.003(c) and (d); and WHEREAS, no owner of real property in the proposed zone protested the inclusion of their property in the proposed zone; and WHEREAS, notice of the public hearing was published in a newspaper of general circulation in the Town on April 11, 2014, which satisfies the requirement of Texas Tax Code, Section 311.003(c) that publication of the notice occur not later than the seventh day before the date of the public hearing; and WHEREAS, the Town has provided all information and made all presentations, given all notices and done all other actions required by Chapter 311, Texas Tax Code, or other law as a condition to the creation of the proposed zone; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. Findings. (a) That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct and are adopted as part of this Ordinance for all purposes. Town Council Page 88 of 166 Meeting Date: Tuesday, November 25, 2014 (b) That the Town Council further finds and declares that the proposed improvements in the zone will significantly enhance the value of all the taxable real property in the proposed zone and will be of general benefit to the Town. (c) Area within the Zone meets the criteria for designation of a reinvestment zone and satisfies the requirement of Section 311.005, Texas Tax Code, to-wit: (A) includes land that substantially arrests or impairs the sound growth of the Town, retards the provision of housing accommodations, or constitutes an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use because of the presence of: (i) the predominance of defective or inadequate sidewalk or street layout; (ii) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; and (iii) the deterioration of site or other improvements; and (B) is predominantly open or undeveloped and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impairs or arrests the sound growth of the municipality or county. (d) That the Town Council, pursuant to the requirements of Chapter 311, Texas Tax Code, further finds and declares: (1) That the proposed zone is a contiguous geographic area located wholly within the corporate limits of the Town of Trophy Club; (2) That the total appraised value of taxable real property in the proposed zone and in existing reinvestment zones does not exceed fifty percent of the total appraised value of taxable real property in the Town; (3) That thirty percent or less of the property in the Zone, excluding property dedicated to public use, is used for residential purposes (defined as any property occupied by a house have fewer than five living units); and (4) That the development or redevelopment of the property in the proposed zone will not occur solely through private investment in the reasonably foreseeable future. SECTION 2. Designation of Zone. That the Town Council hereby designates the Zone described in the boundary description and depicted in the map, both attached hereto as Exhibit "A" and made a part of this Ordinance for all purposes, as a reinvestment zone pursuant to and in accordance with Chapter 311, Texas Tax Code. This reinvestment zone shall be known as "Reinvestment Zone Number Two, Town of Trophy Club, Texas." SECTION 3. Zone Board of Directors. That a board of directors for the Zone ("Board") is hereby created. The Board shall consist of five (5) members who shall serve for staggered terms of two (2) years each with two (2) members having an initial term of one (1) year each. Of these five (5) members, each taxing unit other than the Town that contributes incremental taxes to the TIF Fund may, but is not required to, appoint one (1) member to the Board. After each 20f8 Town Council Page 89 of 166 Meeting Date: Tuesday, November 25, 2014 taxing unit other than the Town designates to the Town either the name of the member that the taxing unit wishes to appoint or the fact that the taxing unit wishes to waive its right to appoint a member, the Town Council shall appoint whatever number of members are necessary to fill the remaining positions on the Board. The Town Council shall appoint a chairman of the Board and the Board may elect a vice chairman and such other officers as the Board sees fit. The Board shall make recommendations to the Town Council concerning the administration, management and operation of the Zone. The Board shall prepare and adopt a project plan and a reinvestment zone financing plan for the Zone and submit such plans to the Town Council for its approval. The Board shall perform all duties imposed upon it by Chapter 311, Texas Tax Code and all other applicable laws. Notwithstanding anything to the contrary herein, the Board shall not be authorized to (i) issue bonds; (ii) impose taxes or fees; (iii) exercise the power of eminent domain; or (iv) give final approval to the Zone's project plan and financing plan. SECTION 4. Term of Zone. That the Zone shall take effect upon the adoption of this Ordinance and terminate on the earlier of (i) December 31 , 2046 or an earlier termination date designated by an ordinance adopted after the effective date of this Ordinance or (ii) the date on which all project costs, tax increment bonds and interest on those bonds have been paid in full. SECTION 5. Determination of Tax Increment Base. That the tax increment base for the Zone, as defined by Section 311.012(c), Texas Tax Code, shall be the total appraised value of all real property in the Zone taxable by a taxing unit for the year 2014, which is the year in which the Zone was designated as a reinvestment zone. SECTION 6. Tax Increment Fund. That a tax increment fund for the Zone (the "TIF Fund") is hereby established. The TIF Fund may be divided into additional accounts and sub-accounts authorized by resolution or ordinance of the Town Council. The TIF Fund shall consist of (i) the percentage of the tax increment, as defined by Section 311.012(a), Texas Tax Code, that each taxing unit which levies real property taxes in the Zone, other than the Town, has elected to dedicate to the TIF Fund under an agreement with the Town authorized by Section 311.013(f), Texas Tax Code, plus (ii) sixty percent (60%) of the Town 's portion of the tax increment, as defined by section 311.012(a), Texas Tax Code, subject to any binding agreement executed at any time by the Town that pledges a portion of such tax increment or an amount of other legally available funds whose calculation is based on receipt of any portion of such tax increment and (iii) twenty-five percent (25%) of the Town 's one percent (1 %) general sales tax rate, as defined by section 311 .0123(b), generated from taxable sales within the Zone above the sale tax base. The TIF Fund shall be maintained in an account at the depository bank of the Town and shall be secured in the manner prescribed by law for Texas cities. In addition, all revenues from (i) the sale of any obligations hereafter issued by the Town and secured in whole or in part from the tax increments; (ii) the sale of any property acquired as part 30f8 Town Council Page 90 of 166 Meeting Date: Tuesday, November 25, 2014 of a tax increment financing plan adopted by the Board; and (iii) other revenues dedicated to and used in the Zone shall be deposited into the TIF Fund. Prior to the termination of the Zone, money shall be disbursed from the Tax Increment Fund only to pay project costs, as defined by the Texas Tax Code, for the Zone, to satisfy the claims of holders of tax increments bonds or notes issued for the Zone, or to pay obligations incurred pursuant to agreements entered into to implement the project plan and reinvestment zone financing plan and achieve their purpose pursuant to Section 311.01 O(b), Texas Tax Code. SECTION 7. Tax Increment Agreements. That, pursuant to Sections 311 .008 and 311.013, Texas Tax Code, the Mayor and Town Attorney are hereby authorized to execute and deliver, for and on behalf of the Town, tax increment agreements with taxing units that levy real property taxes in the Zone. SECTION 8. Severability. That if any portion, section or part of a section of this Ordinance is subsequently declared invalid, inoperative or void for any reason by a court of competent jurisdiction, the remaining portions, sections or parts of sections of this Ordinance shall be and remain in full force and effect and shall not in any way be impaired or affected by such decision, opinion or judgment. SECTION 9. Open Meetings. It is hereby found, determined and declared that a sufficient written notice of the date, hour, place and subject of the meeting of the Town Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the Town Hall of the Town for the time required by law preceding its meeting, as required by the Open Meetings Law, Texas Government Code, Chapter. 551, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The Town Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 10. Notices. The contents of the notice of the public hearing , which hearing was held before the Town Council on April 21, 2014, and the publication of said notice, are hereby ratified, approved and confirmed. SECTION 11. 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. 40f8 Town Council Page 91 of 166 Meeting Date: Tuesday, November 25, 2014 SECTION 12. Effective Date. That this Ordinance shall take effect and be in full force and effect from and after its adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 21 st day of April, 2014. To To Mayor, Connie W ite Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney, Patricia A. Adams Town of Trophy Club, Texas 50f8 Town Council Page 92 of 166 Meeting Date: Tuesday, November 25, 2014 Exhibit "A" Boundary Description Beginning at the intersection of the northern Right-of-Way (ROW) line of State Highway 114 and the eastern property line of Abstract 823 C. Medlin Survey, Tract 22, thence West along the northern ROW line of State Highway 114, to a point where said line intersects with the western ROW line of Trophy Club Drive, thence North along the western ROW line of Trophy Club Drive, to a point where said line intersects with the western property line of Abstract 823 C. Medlin Survey, The Village at Trophy Club, Lot 3, thence Northwest along the western property line of Abstract 823 C. Medlin Survey, The Village at Trophy Club, Lot 3,v to a point where said line intersects with the northern boundary of Abstract 823 C. Medlin Survey, The Village at Trophy Club, Lot 3, thence Northeastward along the northern property line of Abstract 823 C. Medlin Survey, The Village at Trophy Club, Lot 3, to a point where said line intersects with the eastern boundary of Abstract 823 C. Medlin Survey, The Village at Trophy Club, Lot 3, thence Southeast along the eastern boundary of Abstract 823 C. Medlin Survey, The Village at Trophy Club, Lot 3, to a point where said line intersects with the western ROW line of Trophy Club Drive, thence Northeastward along the western ROW line of Trophy Club Drive, to a point where said line intersects with the southern property line of Abstract 823 C. Medlin Survey, Municipal Utility District NO. 1 Complex (MUD Complex), Block 1, Lot 1, thence West along the southern property line of Abstract 823 C. Medlin Survey, MUD Complex, Block 1, Lot 1, to a point where said line intersects with the southern property line of Abstract 823 C. Medlin Survey, MUD Complex, Block 1, Lot 2, thence West along the southern property line of Abstract 823 C. Medlin Survey, MUD Complex, Block 1, Lot 2, to a point where said line intersects with the western property line of Abstract 823 C. Medlin Survey, MUD Complex, Block 1, Lot 2, thence North along the western property line of Abstract 823 C. Medlin Survey, MUD Complex, Block 1, Lot 2, to a point where said line intersects with the western property line of Abstract 823 C. Medlin Survey, MUD Complex, Block 1, Lot 3, thence North along the western property line of Abstract 823 C. Medlin Survey, MUD Complex, Block 1, Lot 3, to a point where said line intersects with the northern property line of Abstract 823 C. Medlin Survey, MUD Complex, Block 1, Lot 3, thence East along the northern property line of Abstract 823 C. Medlin Survey, MUD Complex, Block 1, Lot 3, to a point where said line intersects with the northern ROW Line of Municipal Drive, thence East along the northern property line of northern ROW Line of Municipal Drive, to a point where said line intersects with the western ROW line of Trophy Club Drive, thence North along the western ROW line of Trophy Club Drive to a point where said Ii ne intersects with the projection of the northern property line of Abstract 823 C. Medlin Survey, Tract lA, thence East along the northern property line of Abstract 823 C. Medlin Survey, Tract lA, to a point where said line intersects with the eastern property line of Abstract 823 C. Medlin Survey, Tract lA, thence South along the eastern property line of Abstract 823 C. Medlin Survey, Tract lA, to a point where said line intersects with the southern property line of Abstract 823 C. Medlin Survey, Tract lA, thence West along the southern property line of Abstract 823 C. Medlin Survey, Tract lA to a point where said line intersects with the eastern ROW line of Trophy Club Drive, thence 60f8 Town Council Page 93 of 166 Meeting Date: Tuesday, November 25, 2014 South along the eastern ROW line of Trophy Club Drive to a point where said line intersects with the eastern ROW line of Indian Creek Drive, thence Southeastward along the eastern ROW line of Indian Creek Drive to a pOint where said line intersects with the project ion of the eastern property line of Abstract 823 C. Medlin Survey, Tract 22 , thence South along the eastern property line of Abstract 823 C. Medlin Survey, Tract 22 to a point where said line intersects with the northern ROW line of State Highway 114, which is the point of beginning. 70f8 Town Council Page 94 of 166 Meeting Date: Tuesday, November 25, 2014 Exhibit "A" Map 80f8 Town Council Page 95 of 166 Meeting Date: Tuesday, November 25, 2014 T o w n C o u n c i l P a g e 9 6 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 9 7 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 9 8 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 9 9 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 0 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 1 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 2 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 3 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 4 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 5 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 6 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 1 0 7 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-38 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE 2014-09 AND ORDINANCE NO. 2014-19 DESIGNATING A CERTAIN CONTIGUOUS GEOGRAPHIC AREA IN THE TOWN OF TROPHY CLUB AS “TAX INCREMENT REINVESTMENT ZONE NUMBER TWO, TOWN OF TROPHY CLUB, TEXAS" (THE “ZONE”) AND ADOPTING PROVISIONS FOR THE CREATION OF A BOARD OF DIRECTORS FOR THE ZONE; PROVIDING THE EFFECTIVE AND TERMINATION DATES FOR THE ZONE; ESTABLISHING A TAX INCREMENT FUND FOR THE ZONE; CONTAINING OTHER MATTERS RELATED TO THE ZONE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 21, 2014 after having conducted public hearings, the Town Council passed and approved Ordinance 2014-09 designating a certain contiguous geographic area in the Town as Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas, (the “Zone”), creating a Board of Directors, establishing a Tax Increment Fund, and setting forth other matters relative to the Zone; and WHEREAS, on July 22, 2014, the Town Council adopted Ordinance No. 2014-19 amending Ordinance No. 2014-09 in order to adjust the boundaries of the Zone; and WHEREAS, due to changed circumstances with the development of property located within the Zone, the Town Council has determined it is necessary and appropriate to repeal Ordinance No. 2014-09 and Ordinance No. 2014-19 in order to abolish the Zone; and WHEREAS, the Town Council has determined that the repeal of Ordinance No. 2014-09 and Ordinance No. 2014-19 by the adoption of this Ordinance No. 2014-38 abolishing Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas is necessary and serves the best interests of the public. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Premises. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct and are adopted as part of this Ordinance for all purposes. Section 2. Ordinances Repealed. Ordinance 2014-09 and Ordinance No. 2014-19 designating a certain contiguous geographic area in the Town as Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas, (the “Zone”), creating a Board of Directors for the Zone, establishing a Tax Increment Fund, and setting forth other matters relative to the Zone is hereby repealed in its entirety. Town Council Page 108 of 166 Meeting Date: Tuesday, November 25, 2014 Section 3. Effective Date. That this Ordinance shall take effect and be in full force and effect from and after its adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 25th day of November, 2014. _________________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: ___________________________________ _________________________________________ Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 109 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1653-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/19/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action regarding a Resolution of the Town Council repealing Resolution No. 2014-08 appointing citizens to serve on the Board of Directors of Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas; and providing an effective date. Attachments:Staff Report - TIRZ No 2 Board Dissolution.pdf RES 2014-08 Appointing Citizens to the TIRZ #2 Board - PASSED 4-21-2014.pdf RES 2014-48 Repealing Appointing Citizens to the TIRZ #2 Board.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town Council repealing Resolution No. 2014-08 appointing citizens to serve on the Board of Directors of Tax IncrementReinvestment Zone Number Two, Town of Trophy Club, Texas; and providing an effective date. Town Council Page 110 of 166 Meeting Date: Tuesday, November 25, 2014 To: Mayor and Town Council From: Stephen Seidel, Assistant Town Manager CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: TIRZ No. 2 Board Dissolution Resolution Town Council Meeting, Tuesday, November 25, 2014 Agenda Item: Consider and take appropriate action regarding a Resolution of the Town Council repealing Resolution No. 2014-08 appointing citizens to serve on the Board of Directors of Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas; and providing an effective date. Explanation: At the November 13, 2014 Council meeting, the Town Council provided staff direction to repeal Ordinance 2014-19 which created Tax Increment Reinvestment Zone No. 2 (TIRZ #2). The Town Council will formally consider repealing the creation ordinance, and if formally repealed an approved Resolution is also necessary to dissolve the TIRZ #2 Board. Attachments: • Resolution 2014-08 • Resolution 2014- 48 Recommendation: Staff recommends approval in order to repeal Resolution 2014-08 to dissolve TIRZ #2 Board. Town Council Page 111 of 166 Meeting Date: Tuesday, November 25, 2014 T o w n C o u n c i l P a g e 1 1 2 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 T o w n C o u n c i l P a g e 1 1 3 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2014-48 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION 2014-08 APPOINTING CITIZENS TO SERVE ON THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER TWO, TOWN OF TROPHY CLUB, TEXAS (THE “ZONE”) AND DESIGNATING TERMS OF SERVICE FOR THE DIRECTORS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 21, 2014, the Town Council adopted Resolution No. 2014- 08 appointing persons to serve on the Board of Directors of Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas (the “Zone”); and WHEREAS, on November 25, 2014, the Town Council adopted Ordinance No. 2014-38 abolishing the Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas; and WHEREAS, because the Town Council has abolished the Zone, it is necessary to repeal Resolution No. 2014-08 appointing persons to serve on the Board of Directors of the Zone. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are true and correct and are incorporated herein as if written word for word. Section 2. That Resolution 2014-08 appointing persons to serve on Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas is hereby repealed in its entirety. Section 3. That this Resolution shall take effect and be in full force and effect from and after its adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 25th day of November, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas Town Council Page 114 of 166 Meeting Date: Tuesday, November 25, 2014 ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 115 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1648-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/19/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action regarding the resignation of Town Secretary/RMO Tammy Ard. Attachments:Resignation Letter - Tammy Ard.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the resignation of Town Secretary/RMO Tammy Ard. Town Council Page 116 of 166 Meeting Date: Tuesday, November 25, 2014 T o w n C o u n c i l P a g e 1 1 7 o f 1 6 6 M e e t i n g D a t e : T u e s d a y , N o v e m b e r 2 5 , 2 0 1 4 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1657-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/20/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action to appoint Tammy Ard as the interim Town Secretary/RMO until a permanent Town Secretary/RMO is hired. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action to appoint Tammy Ard as the interim Town Secretary/RMO until a permanent Town Secretary/RMO is hired. Town Council Page 118 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1654-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/19/2014 Town Council On agenda:Final action:11/25/2014 Title:Update and discussion regarding capping and removing well equipment on six gas well sites. Attachments: Action ByDate Action ResultVer. Update and discussion regarding capping and removing well equipment on six gas well sites. Town Council Page 119 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1646-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/19/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action regarding a Resolution of the Town repealing Resolution No. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Attachments:Staff Report - Appointing a Chairperson for TIRZ #1.pdf Res 2014-44 repealing RES 2014-04 Appointing Citizens to the TIRZ 1 Board.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town repealing Resolution No. 2014-04appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Town Council Page 120 of 166 Meeting Date: Tuesday, November 25, 2014 To: Mayor and Town Council From: Mike Slye, Town Manager CC: Tammy Ard, Town Secretary Re: Appointing a Chairperson for TIRZ #1 Town Council Meeting, Tuesday, November 25, 2014 Agenda Item: Consider and take appropriate action regarding a Resolution of the Town repealing Resolution no. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Explanation: Annual requirement to appoint the chair of TIRZ #1 Board. Council asked to hear from Chairman David Brod prior to reappointment. Chairman Brod will be in attendance. Attachments: • Resolution 2014-44 Recommendation: Staff recommends the Town Council approve Resolution 2014-44 reappointing David Brod as the Chairperson for the Tax Increment Reinvestment Zone (TIRZ) No. 1. Town Council Page 121 of 166 Meeting Date: Tuesday, November 25, 2014 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2014-44 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2014-04 APPOINTING CITIZENS TO SERVE ON THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY CLUB TEXAS AND ADOPTING THIS RESOLUTION REAFFIRMING EXISTING APPOINTMENTS AND APPOINTING A MEMBER OF THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY CLUB, TEXAS TO SERVE AS CHAIRPERSON FOR THE BOARD, AND DESIGNATING A TERM OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards, Commissions and Corporations serving the Town whose terms are expiring and to replace members who have resigned; and WHEREAS, on February 3, 2014, the Town Council adopted Resolution No. 2014-04 to appoint residents to serve on the Board of Directors of Reinvestment Zone No. One, Town of Trophy Club (Board), and designating a person to serve as Chairperson for the Board; and WHEREAS, state law mandates that one person be appointed to serve as the Chairperson for the Board of Reinvestment Zone No. One, with a term of service for the Chairperson being for one (1) year and commencing on January 1 of each year; and WHEREAS, the term of service for the currently designated Chairperson for the Board expires on December 31, 2014; and WHEREAS, the Town Council desires to appoint a member of the Board of Directors to serve as a Chairperson with a term commencing on January 1, 2015 and expiring on December 31, 2015; and WHEREAS, by passage of this Resolution, the Town Council hereby repeals Resolution No. 2014-04 and adopts this Resolution to designate a member of the Board of Directors to serve as Chairperson for the period commencing January 1, 2015 and expiring on December 31, 2015 as set forth herein and to reaffirm current appointments as specifically provided below: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Page 122 of 166 Meeting Date: Tuesday, November 25, 2014 Section 1. That the foregoing recitals are incorporated herein as if written word for word. Section 2. That the Town Council hereby repeals Resolution No. 2014-04, to appoint a Chairperson and to reaffirm existing appointments as applicable, the following individuals to serve on the Board of Directors of Reinvestment Zone No. One, Town of Trophy Club, Texas and designating a Chairperson for the Board as specified below: Reinvestment Zone No. 1, Town of Trophy Club, Texas 1. Carolyn Simms (2015) (Tarrant County) 4. Jared King (2015) 2. *David Brod (2016) (EDC-4B) 5. Adam Broyles (2016) 3. Darryl Howard (2016) *Board Chair - appointment expires December 31, 2014 **Board Chair – appointment expires December 31, 2015. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with the law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 25th day of November, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 123 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1637-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/17/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club providing for increased prior and current service annuities (repeating or ad hoc) under the act governing the Texas Municipal Retirement System (“TMRS”) for retirees and beneficiaries of deceased retirees of the Town of Trophy Club, and establishing an effective date for the ordinance. Attachments:Staff Report - TMRS 2014.pdf ORD 2014-39 TMRS (Ad Hoc).pdf ORD 2014-40 TMRS (Repeating).pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club providing for increased prior and current service annuities (repeating or ad hoc) under the act governing the Texas Municipal Retirement System (“TMRS”)for retirees and beneficiaries of deceased retirees of the Town of Trophy Club, and establishing an effective date for the ordinance. Town Council Page 124 of 166 Meeting Date: Tuesday, November 25, 2014 To: Mayor and Town Council From: Mike Slye, Town Manager CC: Tammy Ard, Town Secretary Re: TMRS Town Council Meeting, Tuesday, November 25, 2014 Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club providing for increased prior and current service annuities (repeating or ad hoc) under the act governing the Texas Municipal Retirement System (“TMRS”) for retirees and beneficiaries of deceased retirees of the Town of Trophy Club, and establishing an effective date for the ordinance. Explanation: Council took action at the last meeting to reduce TMRS COLA participation rate from 70% to 30% on a manual (ad hoc) basis. I asked Anthony Mills (TMRS) to weigh in on CM Shoffner’s question regarding any kind of ‘make up’ provision if a future Council wanted to make a change. I also asked him to provide pro’s and con’s of the 30% (repeating) and (ad hoc – manual) provision. See below his response: “Hello Mike. In response to your questions about the Council adopting a different Annuity Increase (COLA) provision than the one you currently in place (70% repeating), I have a few points that I hope the Council will consider: 1. You are correct that if the Council adopts a lower percentage for the COLA (50% or 30%), the retroactive nature of the formula means that a future Council that wants to increase the percentage would have to shoulder the liability for the those years that the retirees did not receive the higher percentage that’s being adopted by the future Council. The same can be said about the retroactive calculation if the City turned off the COLA altogether— there would be that same catch-up for those years that the COLA was not being granted should a future Council elect to grant a COLA. 2. You asked for both sides of an argument about adopting the COLA on an ad hoc (one time) basis versus adopting it on an annually repeating basis. One side of this discussion is a pretty straightforward. Adopting a one-time ad hoc COLA means a lower contribution rate to the City for its TMRS plan. Town Council Page 125 of 166 Meeting Date: Tuesday, November 25, 2014 When looking at the other side, if the Council feels that the contribution rate with the 30% repeating COLA is a sustainable rate for the foreseeable future, without a doubt, TMRS’ first recommendation would be to grant it on a repeating ordinance rather than a one-time ad hoc ordinance. Our reasoning is simple. TMRS uses the Entry Age Normal methodology for actuarial funding and this method means that cities are advance funding the costs of future COLAs—just like we do for the service that is building the base retirement benefit. That means advance funding is happening not just for current retirees but for the current active employees who will eventually retire if the COLA provision is on a repeating ordinance. If a City adopts a COLA on a one-time ad hoc basis, it’s not advance funding any future COLAs. As that active workforce continues to grow, the more cost prohibitive it could become for a future Council to adopt a COLA (repeating) since no monies have been set aside to advance for the costs of future COLAs for the base of growing active employees and retirees. Advance funding the COLA allows the City to earn investment returns on the dollars contributed for the future benefit. If the City waits until a later date to make that same contribution, it takes more assets to cover the costs later in the lifespan of your workforce. Importantly, for today’s Council to adopt a 30% repeating ordinance, it doesn’t take away the option for a future Council to re-examine and decide to go to an ad hoc basis; conversely, it could make it more difficult for future Councils to go from ad hoc to repeating regardless of the percentage since the City would have missed out on gains that could have grown on the dollars that were advance funding the COLAs. In plain language, the COLAs cost what they cost and TMRS has the mechanics in place to ensure that cities that are committed to granting routine COLAs adequately fund the benefit. If that is Trophy Club, to go not go on a repeating basis for this lower COLA than your current plan amounts to kicking the can down the road. If the decision is deferred for too long, the City runs the risk of tying the hands of future Councils. Mike, Trophy Club is in an area where almost every peer city has a COLA provision that’s on a repeating ordinance. Many of those are 70% (repeating). When I met with the group at the recent workshop, I did mention that I only recall one of the possible peer cities that have an ad hoc COLA. I think I may have identified that city as Southlake, but, as it turns out it’s Colleyville. Additionally, as you may be aware, new GASB Standards 67 and 68 is changing the way that pension liabilities will show up on our cities’ financial statements for 2015. While the changes in the GASB Standards do not affect the actuarial funding, it will affect the accounting. If a Council like Trophy Club’s elected to go with the 30% ad hoc COLA in 2015 and then adopts it again within 5 years, the new GASB 68 Standard says that that provision is being adopted on a “Substantively Automatic” basis and the liability will show up on the City’s financial statement even though on the other side of the house (the actuarial funding side), you wouldn’t be responsible for funding repeating COLAs. Town Council Page 126 of 166 Meeting Date: Tuesday, November 25, 2014 For all the reasons, our recommendation to a city in your position that thinks it might continually revisit the COLA, would be to adopt it on a repeating ordinance. If you or your councilmembers have additional questions that I can help with, don’t hesitate to call me. Anthony From: Mike Slye [mailto:mslye@trophyclub.org] Sent: Tuesday, November 18, 2014 3:10 PM To: Mills, Anthony Subject: TMRS Questions Anthony – Here are the couple of questions I need answered that we spoke about this morning: 1. If Council adopts a lower COLA participation percentage and subsequently wants to increase it in a few years, will it require a ‘make good or catch up’ provision back to the original date that the COLA participation rate was lowered? 2. Council has adopted a 30% COLA participation rate on a manual/yearly review. If it is the intent of Council to maintain and fund a 30% rate for the foreseeable future, please address the pro’s and con’s of manual vs repeating provision of this program. Thanks, Mike” I have attached a new Plan Change Study spreadsheet showing the difference between the Repeating and Ad Hoc provision at 30%. Although the Ad Hoc contribution rate is lower (11.33%) and the savings are greater this fiscal year, it is more efficient in the long run to adopt the repeating ordinance (13.66%) because it will allow the interest savings to help offset the cost of recurring CPI adjustment in the future. Attachments: • Ordinance 2014-39 (Ad Hoc) • Ordinance 2014-40 (Repeating) • TMRS Plan Change Study Recommendation: Staff recommends adopting Ordinance 2014-40 (Repeating) providing for a 30% participation rate of an annual CPI adjustment on a repeating basis. Town Council Page 127 of 166 Meeting Date: Tuesday, November 25, 2014 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2014–39 AN ORDINANCE OF THE TOWN OF TROPHY CLUB PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM (“TMRS”) FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY OF TROPHY CLUB, AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. WHEREAS, The Town Council has determined it appropriate to take action to adjust the amount of annuity increase provided as a part of its employee retirement system; and WHEREAS, having reviewed options provided under the TMRS retirement program, the Town Council has determined it necessary and appropriate to adopt this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Increase in Retirement Annuities. (a) On the terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), the Town hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the Town under current service annuities and prior service annuities arising from service by such employees to the Town. An annuity increased under this section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 30% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of the increase under this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the Town and of its account in the Benefit Accumulation Fund of the System. EFFECTIVE DATE. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2015. Town Council Page 128 of 166 Meeting Date: Tuesday, November 25, 2014 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 25th day of November, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 129 of 166 Meeting Date: Tuesday, November 25, 2014 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2014–40 AN ORDINANCE OF THE TOWN OF TROPHY CLUB PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM (“TMRS”) FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE TOWN OF TROPHY CLUB, AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. WHEREAS, The Town Council has determined it appropriate to take action to adjust the amount of annuity increase provided as a part of its employee retirement system; and WHEREAS, having reviewed options provided under the TMRS retirement program, the Town Council has determined it necessary and appropriate to adopt this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Increase in Retirement Annuities. (a) On the terms and conditions set out in Sections 854.203 and 853.404 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), the Town hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the Town under current service annuities and prior service annuities arising from service by such employees to the Town. An annuity increased under this section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 30% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of the increase under this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the Town and of its account in the Benefit Accumulation Fund of the System. Dates of Increases. The initial increase in retirement annuities hereunder shall be effective on January 1, 2015, subject to approval by the Board of Trustees of the System. An increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act, and provided further that, as to such subsequent year, the City has an ordinance in effect that provides for a simultaneous increase in updated service credits as that term is used in the TMRS Act. Town Council Page 130 of 166 Meeting Date: Tuesday, November 25, 2014 EFFECTIVE DATE. This Ordinance shall take effect on November 25, 2014, and it is accordingly so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 25th day of November, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 131 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1639-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action to reschedule the date for the December Town Council regular session meeting to December 9, 2014 and schedule a special called meeting to review site plans for joint Town Hall and Police facility with GSBS Architects. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action to reschedule the date for the December Town Council regular session meeting to December 9, 2014 and schedule a special called meeting to review site plans for joint Town Hall and Police facility with GSBS Architects. Town Council Page 132 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1647-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/19/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action concerning the purchase and implementation of Active Net software to be used by the Parks and Recreation Department; and authorizing the Mayor or his designee to execute all necessary documents. Attachments:Staff Report - Active Net Software.pdf Active Net Benefits.pdf Active Net Costs.pdf Active Net Presentation.pdf Action ByDate Action ResultVer. Consider and take appropriate action concerning the purchase and implementation of Active Net software to be used by the Parks and Recreation Department; and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 133 of 166 Meeting Date: Tuesday, November 25, 2014 To: Mayor and Town Council From: Adam Adams, Director of Parks & Recreation CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Active Net software Town Council Meeting, Tuesday, November 25, 2014 Agenda Item: Consider and take appropriate action concerning the purchase and implementation of Active Net software to be used by the Parks and Recreation Department; and authorizing the Mayor or his designee to execute all necessary documents. Explanation: Staff is requesting that Council approve the use of budgeted FY15 general funds and funding from Trophy Club Park that will allow the Town to terminate the contract with Rec Pro (current P&R software vendor) and move forward to secure a contract with Active Net. Currently Active registration software has mobile applications allowing for superior customer service and reduced staff time. Additionally, there is potential to reduce annual maintenance and credit card costs currently passed on to the Town; and creates the ability to sell annual passes at Trophy Club Park. Attachments: • Active Net benefits • Active Net costs • Active Net presentation Recommendation: Staff recommends the purchase and implementation of Active Net software. Town Council Page 134 of 166 Meeting Date: Tuesday, November 25, 2014 ● Trophy Club Park benefits ○ Web based membership processing ■ Active has ability enter family information online ■ Gate staff can’t process membership in person ○ Web based reservations and payment improved ■ RecPro’s process is time consuming for user and staff. ● user has to call Rec dept. for reservation and payment ■ Active makes the process interaction free in a 3-step process ■ Allows us to validate future annual passes and reservations on-line ● Pool and Camp benefits ○ Web based Processing for memberships, rentals, and programs online ■ Currently we process 800+ memberships, park rentals, and programs over the phone or in person. A small percentage are able to navigate on RecPro registration website ● Active gives us the ability to do 100% of memberships, rentals, and programs online. ○ Improved Account management ■ Day camp parents pay a deposit and then pay full amount week by week. RecPro rCurrently most of the payments are done through Sherri or camp staff ● Other benefits ○ Active has a proven track record and on the cutting edge of new technology. A majority of cities and organization use Active. RecPro is a small company and is 2-3 years behind ○ Currently we don’t have support for sports leagues and for payment processing. ○ Social Plugins for advertising ○ Mobile phone support and payment ■ currently RecPro has no mobile support ○ Active is web based ○ Active hosts a training website for new users ○ Target based emails can be sent to a variety of demographics ○ Class cancellation has the text functionality ■ Swim lesson registration and withdrawal are time consuming ○ Yearly maintenance is built in ■ we would save up to $3500 a year ○ Safer for credit cards ■ Level 1 PCI compliant ○ Bandwidth requirements are less ○ Speed and response times are faster ○ The web based application is more stable and user friendly • Both Finance and the IT Department recommend moving to Active o Active can be set-up with our line-item numbers and therefore the reports from Active tell us how to enter the transactions into the Incode system further reducing both Finance and Recreation Staff time. Town Council Page 135 of 166 Meeting Date: Tuesday, November 25, 2014 Cost of upgrade to Active Net Annual payment $5,850 for FY15 and FY16 $11,700 Active Net costs for FY15 $5,850 Current budgeted monies in general fund for Rec Pro $3,500 Current budgeted monies in Trophy Club Park $0 TCP Fund will pay the difference $2,350 Active Net costs for FY16 $5,850 General fund monies $2,925 Trophy Club Park monies $2,925 Total Active Net Cost $11,700 Town Council Page 136 of 166 Meeting Date: Tuesday, November 25, 2014 800.661.1196 ext. 3995| Allen.Sliper@ACTIVEnetwork.com | www.ACTIVEcommunities.com Allen Sliper, Sr. Account Executive ACTIVE Network Tel 858-964-3995 Allen.Sliper@ACTIVEnetwork.com Trophy Club, TX Town Council Page 137 of 166 Meeting Date: Tuesday, November 25, 2014 800.661.1196 ext. 3995| Allen.Sliper@ACTIVEnetwork.com | www.ACTIVEcommunities.com WHY ACTIVE? 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ACTIVEnet is designed to be a centralized tool for your Program, Facilities , Memberships and Communication. ACTIVEnet allows your staff and customers 24/7 access, anytime, anywhere in real-time, so you can better manage your operations. The ability to easily collect the data about your customers through user-friendly tools is important, but what has the most impact is the ability to use that data to help you better manage your operations to serve your community better. Building strong relationships with your customers is what allows you to focus on your mission. ACTIVEnet gives you a 360 degree view of your customer’s registration, membership and rental history, which allows you to better connect with them and improve your retention. Town Council Page 138 of 166 Meeting Date: Tuesday, November 25, 2014 800.661.1196 ext. 3995| Allen.Sliper@ACTIVEnetwork.com | www.ACTIVEcommunities.com SOFTWARE AS A SERVICE One of the challenges that many organizations face today is doing more with less. That is especially exacerbated in today’s economy. Our Software-as-a-Service (SaaS) model provides organizations with an affordable way to meet this challenge enabling them to focus their resources on providing their services to their customers. The key difference between a SaaS model and the traditional software license/maintenance model is that ACTIVE’s success is directly tied the success of your association. SaaS providers have a much stronger vested interest in the success of their customers and supporting their needs. No License or Support and Maintenance Fees With ACTIVE’s SaaS model all of the traditional expenses with purchasing software such as the licensing and annual maintenance for technical support and hosting facilities are bundled into the same fee. There is no limit to the number of users, workstations, facilities or locations, so the solution will scale with you at no extra cost. Upgrades are Timely, Seamless and Free Unlike traditional software, where upgrades happen annually or every 6 months, ACTIVE continuously pushes new updates and fixes to the ACTIVEnet application immediately. In addition, having a flexible coding structure for ACTIVEnet allows us to release 3-4 full upgrades per year without any additional cost or downtime for you. Low Cost of Entry Deployment of a fully web-based solution is faster and more cost effective since there is no infrastructure to maintain, no redundancy measures to plan for and little IT time involved. ACTIVE hosts the application and is responsible for ensuring it is secure and PCI-Compliant – both of which can be costly to an association of your size. Town Council Page 139 of 166 Meeting Date: Tuesday, November 25, 2014 800.661.1196 ext. 3995| Allen.Sliper@ACTIVEnetwork.com | www.ACTIVEcommunities.com ACTIVE NET PRICING ACTIVE Net is a fully-hosted, web-based Software-as-a-Service solution. As a result, there are no additional software licenses, annual maintenance or user costs. There is also no additional technical support or upgrade costs as these are all built into our transaction pricing model. ACTIVE Net supports an unlimited number of workstations, users, and concurrent users within the application. It also supports an unlimited number of internet sessions for your customers registering online for your offering. The only initial costs for implementation of ACTIVE Net are for the consulting services associated with the configuration, implementation and testing of the solution. What that means for you is that you are not spending a dollar on software licenses or start-up costs or issuing a large lump sum check every year for Support and Maintenance for the project…the SaaS model allows you to save money initially and throughout the life of the project when compared to a traditional license software model. At ACTIVE we take the trainer-the-trainer approach to our software solutions, so that you and your staff are comfortable with all areas of the system before you ‘Go Live’. This process ensures you get the right training for the modules you will be using during your day-to-day operations. Town Council Page 140 of 166 Meeting Date: Tuesday, November 25, 2014 800.661.1196 ext. 3995| Allen.Sliper@ACTIVEnetwork.com | www.ACTIVEcommunities.com CORE MODULES IMPLEMENTATION & TRAINING – STARTUP COSTS Consulting Services (Implementation & Training) Total Hours (@$150/hr) Total Project Administration Services 6 $750 General Settings 8 $1200 Activity Registration 16 $2400 Facility Reservations 16 $2400 Online Access 16 $2400 Memberships 16 $2400 Reporting Services Included $0 Communications, Marketing & Link to Active.com Included $0 Online Access Optimization Included $0 Totals 78 $11,700 OPTIONAL SERVICES Consulting Services Total Hours Total Interactive Maps (Facility Res Add-on) 4 $600 Resource Scheduler (Facility res Add-on) 4 $600 ACH Weekly Remittance One-time Setup Fee $1500 Town Council Page 141 of 166 Meeting Date: Tuesday, November 25, 2014 800.661.1196 ext. 3995| Allen.Sliper@ACTIVEnetwork.com | www.ACTIVEcommunities.com SOFTWARE AS A SERVICE PRICING Over-the-counter Transactions (Walk-in; Phone-in; Mail-in) When a participant registers for a program with cash, a check or credit card, the Organization is charged a SaaS fee, not the participant. All transactions through ActiveNet are assessed a 2.5% technology fee, the base cost of using the system. Over-the-counter credit card payments are charged an additional 3% for Merchant Services Processing. In-house Cash, Check or EFT Transactions In-house Credit Card Transactions (Visa, MC, AmEx) Program Fee $40.00 Program Fee $40.00 Transaction Fee (2.5%) $1.00 Transaction Fee (2.5% + 3%) $1.00 + $1.20 = $2.20 Participant Pays $40.00 Participant Pays $40.00 Department Nets $39.00 Department Nets $37.80 Online Transactions When a participant registers and pays for a program or facility reservation through the Public Access page, The ACTIVE Network charges a convenience fee to the participant of 5.5%. The SaaS fee for online receipting gives you the option of either:  Passing-it-Off to the Customer, where the registrant would pay the transaction fee (the most widely- used option).  Absorb, where ACTIVE would invoice the Department directly  Or a combination of both. Online Credit Card Transactions Program Fee $40.00 Online Transaction Fee (5.5%) $2.20 Participant Pays $42.20 Department Nets $40.00 The ACTIVE Network Keeps $2.20 Town Council Page 142 of 166 Meeting Date: Tuesday, November 25, 2014 800.661.1196 ext. 3995| Allen.Sliper@ACTIVEnetwork.com | www.ACTIVEcommunities.com Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 18 19 25 26 27 28 29 30 1 Remittance The ACTIVE Network mails or direct deposits bimonthly or weekly payments of fees collected through online (and offline) credit card transactions. The remitted amount is for the net revenue (meaning funds collected on your behalf minus the fees owed to TAN). There are a number of reports within ActiveNet than can be run to monitor and reconcile these checks. These reports are detailed and show the amount owed you as well as those fees being paid to TAN. If the net revenue happens to be negative (meaning more money is owed to TAN than what was collected on your behalf during that remittance period) then you would be invoiced for the difference. The ACTIVE Network offers a few remittance options:  2 week remittance via check (standard) $0 set-up fee  2 week remittance via ACH $1500 set-up fee  1 week remittance via ACH $1500 set-up fee     The two (2) week remittance via check is included in the pricing proposal. The ACTIVE Network will remit via check to the department all credit cards fees collected minus the transaction fees for a one week period. Below is an example period: Any transaction taking place between Monday, the 5th from 12:00 am until Sunday, the 18th at 11:59 pm will be paid via the remittance on Monday, the 19th. Therefore, the date of the transaction will determine the timeliness of the funds being returned to the Department. If you would prefer one of the other remittance options – please let us know and your quote can be adjusted accordingly. Town Council Page 143 of 166 Meeting Date: Tuesday, November 25, 2014 800.661.1196 ext. 3995| Allen.Sliper@ACTIVEnetwork.com | www.ACTIVEcommunities.com Town Council Page 144 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1656-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/20/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action regarding the appointment of a hiring committee for a new Town Secretary/RMO. Attachments:Town Secretary job description 11-2014.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the appointment of a hiring committee for a new Town Secretary/RMO. Town Council Page 145 of 166 Meeting Date: Tuesday, November 25, 2014 TOWN OF TROPHY CLUB JOB DESCRIPTION Position: TOWN SECRETARY Reports To: Town Council Supervisory Pay Grade: 31 Exempt Job Summary: The Town Secretary is a Charter position appointed by the Mayor and Town Council and is subject to the supervision of the Town Manager. The Town Secretary performs functions and duties of a Municipal Clerk and Town Secretary as may be provided by state law and the Town Charter. Key Duties: The Town Secretary is responsible for the administration and operations of the Town Secretary's Office in accordance with the Town Charter, Article IV, Section 4.07 and the Town Council. The Town Secretary is appointed by the Mayor and Town Council. The Town Secretary provides support to the Mayor, Council Members, and citizens; acts as the Records management officer and is the custodian of all official records for the Town; and completes other duties as assigned by the Town of Trophy Club Charter and state law. This position requires a working knowledge of Federal, State and Town laws, rules, regulations, ordinances and codes governing municipal government, Texas Open Meetings/Texas Open Records Laws, Town elections, and municipal administrative management practices and procedures. Minimum Requirements: • Education – Bachelor’s Degree in Public Administration, Business Administration, Records Management or related field • Four (4) years of increasingly responsible secretarial or public administration experience including two (2) years of management and administrative responsibility. Past experience as a Town/City Secretary or experience in a Town/City Secretary’s office is preferred. • The equivalent combination of education and experience will be considered • Texas Registered Municipal Clerk Certification and Certified Notary Public • Computer/Microsoft Word/Excel Software Experience • Customer service experience • Knowledge of the Open Meetings Act, Open Records Act and Records Retention Schedules • Valid Texas Motor Vehicle Class C Operator's License Knowledge, Skills and Abilities: • Knowledge of Federal, State and Town laws, rules, regulations, ordinances and codes governing municipal government, Texas Open Meetings/Texas Open Records Laws, Town elections, and municipal administrative management practices and procedures • Knowledge of receiving, routing, and processing claims and lawsuits against the Town • Knowledge of methods and techniques of the proper handling and precautions for classified, confidential, and sensitive information • Knowledge of Parliamentary Law, Roberts’ Rules of Order and Town policies and procedures • Skill in effective oral and written communications • Skill in researching, analyzing and preparing reports/recommendations for public officials • Skill in effectively supervising and delegating duties to assigned staff • Skill in resolving customer complaints and concerns • Ability to operate computers and related equipment, hardware and software Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties performed within the job. • Knowledge of the Town Charter and Town Codes relating to elections, annexations, and all activities of the Administration Department • Coordinate, schedule and attend all Town Council meetings Town Council Page 146 of 166 Meeting Date: Tuesday, November 25, 2014 • Prepare and post Town Council agenda packets, including coordinating and reviewing agenda material, finalizing agendas and overseeing distribution of the packet • Post, sign and preserve meeting agendas by preparing agendas and packets; attend meetings and record meeting minutes; and ensure meetings comply with mandated requirements • Respond to public information requests from citizens, governmental agencies and the media • Perform follow through on items acted upon by the Town Council, including composing and preparing correspondence and advising various individuals of Town Council actions, including transcribing and distributing minutes, ensuring that resolutions and ordinances are in proper format and notarized, tracking committee and commission actions and preparing letters of acceptance or rejection, including electronically • Accept board and commission applications and prepare and send correspondence to Town boards, commissions and committees • Assume full management responsibility for all departmental services and activities including the budget, goals, objectives, policies and priorities of the Town Secretary’s Office • Hold and maintain the Town Seal and affix to all instruments requiring such seal • Provide Notary Public services for the Town legal requirements, residents, staff and the general public • Act as custodian of public records, including preserving and maintaining documents such as contracts, ordinances, and resolutions • Perform various administrative duties, including preparing and publishing public hearing notices and preparing correspondence with the Mayor and Council members • Establish relationships and work cooperatively with Town officials, employees, and communicates with and answers questions for the general public • Act as elections administrator to ensure all legal requirements are met, including; coordination of all aspects of the Towns General and Special Elections, assisting in the determination of viable candidates, preparing and maintaining candidate files, posting legal notices, and monitoring the tallying of votes • Effectively represent the Town in contacts with governmental agencies, community groups and various professional, educational, regulatory and legislative organizations • Act as archivist for the Trophy Club Clock Tower Time Capsule • Attend meetings, seminars, and training classes for professional advancement • Prepare liens/lean releases for Trophy Club Community Improvement Association (TCCIA) liens and code enforcement violations • Other duties as assigned Work Environment: Office and travel in climate controlled environment with minimal exposure to inclement weather. Regular work hours of 8:00 a.m. to 5:00 p.m. including evenings and weekends. Exposure to computer screens, sitting for prolonged periods of time, walking, standing, stooping, bending, kneeling, and lifting up to 35 pounds. Need manual dexterity and visual acuity. Must be able to operate assigned equipment and vehicle and to adhere to all safety guidelines. Work is performed in an office and requires periods of intense concentration over extended period of time with frequent interruptions for questions and advice. Stress associated with competing priorities and time deadlines is occasionally an element of the position and must be recognized and successfully managed. THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT. ________________________________________ _____________________ Employee Signature Date Town Council Page 147 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1638-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action regarding an Ordinance of the Town amending various sections of Article I, “Animals” of Chapter ii, “Animal Control” of the Code of Ordinances, to adopt regulations regarding the keeping of Fowl within the corporate limits of the Town; providing for regulations relative to enclosures, setbacks for coops, nuisances and other related matters; providing a penalty for violations; and providing an effective date. Attachments:Staff Report - Chicken Ordinance.pdf ORD 2014-37 amending Chapter 2 Animal Cont Article I Animals (Amending 2006-24).pdf Ordinance Information for Town Cities regarding Chickens.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town amending various sections of Article I, “Animals” of Chapter ii, “Animal Control” of the Code of Ordinances, to adopt regulations regarding the keeping of Fowl within the corporate limits of the Town; providing for regulations relative to enclosures, setbacks for coops, nuisances and other related matters; providing a penalty for violations; and providing an effective date. Town Council Page 148 of 166 Meeting Date: Tuesday, November 25, 2014 To: Mayor and Town Council From: Matt Jones, Senior Planner CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Amendment to the Code of Ordinances Ch. 2, Article I - Animals Town Council Meeting, Tuesday, November 25, 2014 Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town amending various sections of Article I, “Animals” of Chapter ii, “Animal Control” of the Code of Ordinances, to adopt regulations regarding the keeping of Fowl within the corporate limits of the Town; providing for regulations relative to enclosures, setbacks for coops, nuisances and other related matters; providing a penalty for violations; and providing an effective date. Explanation: This amendment is to further enhance and clarify The Town’s existing Animal Ordinance as it pertains to chickens and other Fowl within the Town Limits. The amendment provides provisions that clearly identify how persons within The Town shall keep and care for chickens and other Fowl on private residential property as to not create an unreasonable nuisance to surrounding property owners. The amendment also clarifies what types of Animals are required to be Registered and Licensed with The Town. The construction of a coop will require a building permit, the fee for the permit will be $75, and be considered an “Incidental” permit under the Town’s General Permit Application. Attachments: • Ordinance No. 2014-37 • Ordinance information for Town/Cities Regarding Chickens Recommendation: Staff recommends approval of the ordinance and all associated amendments to Chapter 2, Article I – Animals, of the Town’s Code of Ordinances as it pertains to the keeping of chickens and other types of fowl within the Town Limits. Town Council Page 149 of 166 Meeting Date: Tuesday, November 25, 2014 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-37 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING VARIOUS SECTIONS OF ARTICLE I, ENTITLED “ANIMALS” OF CHAPTER II, ENTITLED “ANIMAL CONTROL”, OF THE CODE OF ORDINANCES, INCLUDING SECTION 1.01 ENTITLED “DEFINITIONS” SECTION 1.20 ENTITLED “LICENSES AND TAGS, AND ADDING SUBSECTION “C” ENTITLED “FOWL” TO SECTION 1.21 AND AMENDING THE TITLE OF SECTION 1.21 TO BE ENTITLED “SPECIAL REQUIREMENTS FOR KEEPING MINIATURE PIGS, FERRETS AND FOWL”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A MISDEMEANOR 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is authorized to adopt ordinances as necessary to protect the public health, safety and welfare; and WHEREAS, the Town Council has adopted Article I, entitled “Animals” of Chapter II, entitled “Animal Control” of the Code of Ordinances of the Town in an effort to regulate the keeping of various animals within the Town; and WHEREAS, in an effort to address the keeping of chickens and other fowl upon properties located within the Town, and to implement regulations to safeguard the public health, safety and welfare, the Town Council has determined it necessary to amend various sections of Article I of Chapter II, of the Code of Ordinances of the Town in order to regulate the keeping of Fowl within the corporate limits of the Town; and WHEREAS, , the Town Council hereby finds and declares that it is in the interest of the public health, safety and general welfare to establish the regulations set forth in this ordinance for the control of chickens and other types of fowl within the corporate limits of the Town of Trophy Club; and WHEREAS, the Town Council of the Town of Trophy Club, Texas, hereby adopts this Ordinance amending Article I, “Animals” of Chapter II, “Animal Control” to add definitions to Section 1.01, “Definitions”, to amend Section 1.20, “Licenses and Tags”, to amend the title of Section 1.21 so that it is entitled “Special Requirements for Keeping Miniature Pigs, Ferrets, and Fowl”; and to add Subsection “C”, “Fowl” to Section 1.21 in order to adopt specific regulations relative to the keeping of chickens and other fowl within the Town. 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 2.01. Section 1.01 entitled “Definitions” of Article I entitled “Animals“ of Chapter II, entitled “Animal Control”, is hereby amended so that the definition of “Animal”, “Coop”, “Fowl” and “Prohibited Animals” shall be and read as follows in their entirety, with the remaining definitions not specifically amended continuing in full force and effect: Town Council Page 150 of 166 Meeting Date: Tuesday, November 25, 2014 “Section 1.01 Definitions Animal: Shall mean any living creature, classified as a member of the animal kingdom including but not limited to: Dogs, Cats, cows, horses, birds, fish, mammals, reptiles, insects, Fowl, and Livestock, but specifically excluding human beings. Coop: An enclosure in which Fowl are confined. Fowl: Chickens, turkeys, pheasants, peacocks, quail, geese, ducks, or similar feathered animals, regardless of age, sex, or breed, excluding Roosters. Prohibited Animals: Shall mean an animal not normally considered domesticated including, but not limited to, venomous lizard, poisonous snake, boa, python, raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, deer, any protected, threatened, or endangered species as defined by the Texas Wildlife Commission and the U.S. Fish and Wildlife Service, or any other Wild Animal capable of, or inflicted to do, serious bodily harm to humans or other animals of any kind.” 2.02. Section 1.20 entitled “Licenses and Tags” of Article I, entitled “Animals“ of Chapter II, entitled “Animal Control”, is hereby repealed in its entirety, and a new Section 1.20 entitled “License and Tags” is hereby adopted and shall be and read in its entirety as follows: “Section 1.20 Licenses and Tags A. License Required 1. The Owner or harborer of each dog or cat more than three (3) months old in the Town shall Register the animal with the Town Manager or the Town Manager’s duly authorized representative and obtain a license for such animal from the Animal Control Department. At the time of application for such license, the Owner shall present the current certificate of Vaccination for each dog and cat and pay a onetime licensing fee for each animal; the amount of which is to be designated on the Schedule of Fees of the Town. B. Possession of Unlicensed Dog or Cat Prohibited 1. A person commits an offense if he possesses within the Town a dog or cat which has not been licensed according to Section 1.20(A), above. The Owner of a dog or a cat shall, upon request, show to the Law Enforcement Officer enforcing this Article the receipt for such animal’s Town registration. The failure or refusal of an Owner to produce to the Law Enforcement Officer the receipt for such animal’s Town Registration or a current license tag shall constitute prima facie proof that such animal has not been licensed according to the requirement contained in Section 1.20(A), above. C. Issuance of Tags 1. Upon presentation of the Vaccination certificate and payment of the licensing fee, the Town Manager or the Manager’s duly authorized representative shall issue to the Owner a license tag. The license tag and vaccination tag shall be affixed to a collar which shall be attached to the neck of the dog or cat and worn by such animal at all times. D. Lost or Destroyed Tags 1. In the event a license tag is lost or destroyed, a new tag shall be issued by the Town Manager or the Manager’s duly authorized representative upon presentation of a receipt showing the payment of the initial license fee and upon the payment of a replacement fee, the amount of which is to be designated on the Schedule of Fees. The replacement license tag shall be valid only for the period of time that remained on the original license receipt. Town Council Page 151 of 166 Meeting Date: Tuesday, November 25, 2014 E. Failure to Obtain Licensing Tag 1. A person commits an offense if he intentionally, knowingly or recklessly owns or harbors a dog or cat without a current licensing tag for the animal. F. Defenses 1. It is a defense to prosecution that: a. The dog or cat was younger than three (3) months of age; or b. The Owner of the dog or cat has resided in the Town less than thirty (30) days. G. Transferability of Registration or Licensing 1. Town registration or licensing of a dog or cat is not transferable to another animal. 2.03. Section 1.21 entitled “Special Requirements for Keeping Miniature Pigs and Ferrets” of Article I entitled “Animals” of Chapter II, entitled “Animal Control”, is hereby amended so that the title of Section 1.21 shall be entitled “Special Requirements for Keeping Miniature Pigs, Ferrets, and Fowl” and so that subsection “C” entitled “Fowl” is added and shall be and read in its entirety as set forth below with all provisions not expressly amended remaining in full force and effect. “Section 1.21 Special Requirements For Keeping Miniature Pigs, Ferrets and Fowl C. Fowl 1. Location and Maximum Number. Fowl shall only be allowed on property zoned for single family residential use. It shall be unlawful for any Person to keep, harbor, maintain, or allow more than four (4) Fowl of any species six (6) months of age or older upon property owned, leased or controlled by such Person within the corporate limits of the Town of Trophy Club. 2. Roosters Prohibited. It shall be unlawful for any Person to keep, harbor, maintain, or allow one (1) or more Roosters upon property owned, leased or controlled by such Person within the corporate limits of the Town of Trophy Club. 3. Coop Required – Permit Required for Maximum Size. A permit shall be required for the construction of a Coop. Fowl shall be secured in a Coop at all times, in order to provide safe and healthy living conditions for the animals and to minimize negative impact on neighbors. It shall be unlawful for a Person to keep, harbor, maintain, or allow Fowl to roam at large, whether upon property owned by the Person keeping, harboring or maintaining the Fowl or upon the property owned by another Person. The maximum size of a Coop shall be of one-hundred and twenty (120) square feet. The Coop shall be enclosed on all sides, shall include a roof, and all openings shall be covered with predator and bird proof wire. It is not required that the Coop contain any masonry materials. Town Council Page 152 of 166 Meeting Date: Tuesday, November 25, 2014 4. Location and Other Requirements for Coops. A Coop shall comply with the following requirements. A Coop shall: • Be a minimum of twenty feet (20’) from any street right-of-way; and • Be located a minimum of ten feet (10’) from rear and side lot lines; and • Not be located in any front or side yards; and • Be fully screened from public view in accordance with applicable Town regulations. 5. Nuisance - It shall be unlawful for any Person who owns, keeps, maintains, or harbors Fowl to intentionally, knowingly or recklessly cause, allow, or maintain property, including but not limited to yards, pens, sheds, Coops, or other enclosures in which Fowl are confined, in such a manner as to give off odors offensive to persons of ordinary sensibilities residing in the vicinity; or in such condition as to attract flies, mosquitoes or other noxious insects or rodents and/or the breeding of flies, mosquitoes or other noxious insects or rodents; or in any manner or condition that endangers the public health, safety or welfare, or creates a public nuisance as defined herein or by state law; or to cause or allow the encroachment of associated debris across any property line.” SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting animals and Animal Control 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 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 by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person intentionally, knowingly or recklessly violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. This remedy shall be cumulative of all other remedies allowed by law. Town Council Page 153 of 166 Meeting Date: Tuesday, November 25, 2014 SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage and publication 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 25th day of November, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 154 of 166 Meeting Date: Tuesday, November 25, 2014 Chicken Ordinances/Information for City/Town October 23, 2014 • Allen – Ord. # 2867-10-09 It shall be unlawful for any person to keep any fowl, such as chickens, ducks, turkeys, geese, pigeons or guineas, except when the same are kept more than one hundred fifty (150) feet from any property line. Roosters are allowed. • Carrollton – Ord #2891 No fowl shall be kept on any lot or tract of land of less than one acre located in a residentially zoned area of the city. For each lot or tract in excess of one acre, an owner may keep five fowl per acre; provided no such fowl shall be allowed to roam, fly or be housed within 200 feet of any dwelling or business owned or occupied by any person other than the owner. Roosters allowed. • Flower Mound Fowl means a bird of any kind including, but not limited to, chickens, ducks, geese, guineas, pigeons, emus, ostriches, rheas, turkeys and pheasants. Town Council has passed a new ordinance (September 2012) up to four hens in a residential lot up to one acre. Residents on properties larger than one acre can have an unspecified number of hens and roosters. • Garland - 6534 Fowl shall be kept in an enclosure that is located at least thirty feet from any residential dwelling, other than that of the owner. It shall be unlawful to harbor more than four female fowl over the age of one month within the City limits. Maximum chickens allowed-2. Fowl shall be kept in an enclosure that is located at least thirty (30) feet from any residential dwelling. Roosters or male peafowl (peacocks) are prohibited. (Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6534, sec. 3, adopted 4/3/12) • Grand Prairie – 9729-2014 (1) It shall be unlawful for any owner to keep or harbor any fowl within the corporate limits of the city in any pen, stable, shed, coop or enclosure, if any part of such enclosure or structure is within one hundred fifty (150) feet of any residence, business or commercial establishment or office, (other than the owner's), grocery stores, restaurants, schools, hospitals and nursing homes. (2) It shall be unlawful for any owner to keep or harbor any fowl within the corporate limits of the city where there is less than five hundred (500) square feet for each twenty-five (25) fowl, being twenty (20) square feet for each fowl. • Highland Village – No ordinance regarding backyard chickens at this time. Complaints to Animal Services are investigated while homeowner present. No restrictions at this time. • Keller It shall be legal to house any fowl within city limits, including, but not limited to roosters, ducks, turkeys, geese, pigeons, or guineas. No more than twelve (12) chickens may be kept in SF 8.4 zoning or greater and twelve (12) chickens may be kept for additional each one-quarter (¼) acre; Town Council Page 155 of 166 Meeting Date: Tuesday, November 25, 2014 Chickens must be in a secure pen, coop, or enclosed yard, and pen, coop or fence must be of secure construction and strength to keep the chickens from running at large. A pen or coop must be at least five (5) feet from any property line. • Lewisville – Chickens must be kept in a coop or enclosure at all times in order to provide safe and healthy living conditions for the birds while minimizing negative impacts on neighbors. The enclosure must be at least 100 square feet, unless it is an integral part of the coop. The enclosed area must be clean, dry and odor-free and be kept in a neat and sanitary condition. Chickens must be secured within a coop at night. The coop must be enclosed on all sides, including a roof, and all openings must be covered with predator- and bird-proof wire. The coop will be considered an accessory building and will be treated as such under existing City codes. Chickens only will be allowed on single-family residential properties measuring at least 7,500 square feet. For residential properties that are at least 7,500 square feet but smaller than one acre, coops and enclosures must be at least 10 feet away from the primary residence on the property and at least 25 feet away from any adjacent residential or commercial building. Up to six chickens are allowed if there are no other regulated animals (dogs, cats, etc.) on the property. If there are other regulated animals, the total number of animals including chickens cannot be more than six. Roosters are not allowed. For lots larger than one acre, coops and enclosures must be at least 150 feet from neighboring buildings and must provide at least 100 square feet of space for each chicken. Up to five chickens are allowed for each quarter-acre of total property. Roosters are allowed if they are kept at least 1,500 feet away from neighboring buildings. • Roanoke It shall be unlawful for any person to keep or harbor any fowl within the corporate limits of the City in any pen, shed, coop, enclosed structure, or fenced yard, if any part of such enclosure, structure, or yard is within one hundred (100) feet of any residence, business or commercial establishment or office, school, hospital or nursing home. This section shall not apply to pet birds kept within residential or commercial structures, nor shall it apply to birdhouses for the keeping of migrating or wild birds. It shall be unlawful for any owner of any fowl to maintain yards, pens, sheds, coops, or other enclosures in which such fowl are confined in such a manner as to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes or other noxious insects or rodents, or in any manner to endanger the public health, safety or welfare, or to create a public nuisance. • Rowlett – 1982 (a) Generally. The keeping of fowl such as roosters, ducks, turkeys, geese, peacocks, guineas, or other such loud fowl within the city limits, in any pen, coop or enclosure that is within 150 feet of any residence (other than the owner's), business or school shall be prohibited. (b) Chickens. No person shall keep more than two hens in an area zoned residential within the city, and shall be no closer than 50 feet to the nearest inhabited dwelling, other than that of the owner. (c) Secure pen or enclosure. Any fowl kept within the city limits shall be in a secure pen, coop or enclosure, and such structure shall be of such construction and strength to keep such animals from running at large. Town Council Page 156 of 166 Meeting Date: Tuesday, November 25, 2014 (d) Exceptions. Public park lands and lakes shall be exempt from the fowl ordinance, as shall property or acreage annexed into the city after January 1, 1999, for a period of 12 months from adoption of an annexation ordinance. (Code 1982, § 9-1-18) • Southlake Fowl. Chickens, turkeys, pheasant, peacocks, quail, geese, ducks or similar feathered animals, regardless of age, sex or breed. Residents may keep up to twelve hens per quarter acre of residential property. Any fowl other than hens—including roosters, ducks, turkeys, geese, etc. must be kept at least 150 feet from the property line. The provision allows no more than six (6) fowl within the City limits * All towns/cities with fowl/chicken ordinances require properly maintained chicken coops HEALTH AND SAFETY CODE TITLE 10. HEALTH AND SAFETY OF ANIMALS CHAPTER 821. TREATMENT AND DISPOSITION OF ANIMALS SUBCHAPTER A. TREATMENT OF ANIMALS Sec. 821.001. DEFINITION. In this subchapter, "animal" includes every living dumb creature. Sec. 821.003. TREATMENT OF LIVE BIRDS. (a) This section applies to a person who receives live birds for transportation or for confinement: (1) on wagons or stands; (2) by a person who owns a grocery store, commission house, or other market house; or (3) by any other person if the birds are to be closely confined. b) The person shall immediately place the birds in coops, crates, or cages that are made of open slats or wire on at least three sides and that are of a height so that the birds can stand upright without touching the top. (c) The person shall keep clean water and suitable food in troughs or other receptacles in the coops, crates, or cages. The troughs or other receptacles must be easily accessible to the confined birds and must be placed so that the birds cannot defile their contents. (d) The person shall keep the coops, crates, or cages in a clean and wholesome condition and may place in each coop, crate, or cage only the number of birds that have room to move around and to stand without crowding each other. (e) The person may not expose the birds to undue heat or cold and shall immediately remove all injured, diseased, or dead birds from the coops, crates, or cages. Town Council Page 157 of 166 Meeting Date: Tuesday, November 25, 2014 CITY/TOWN POPULATION CHICKENS ALLOWED/# PERMIT REQUIRED Y/N LAND RESTRICTIONS Nuisance ALLEN 92,020 (2013) Not listed No 150 ft. away from property line A person commits an offense if the keeping of any animal causes loud and unusual barking, howling or other noise that disturbs the peace and quiet of any person of ordinary sensibilities. CARROLLTON 126,700 (2013) 5 per one acre No 200 ft. of any dwelling other than owner Animal owners shall be responsible for the removal of all pet waste deposited by his/her animal on public walks, recreation areas, or private property. This applies to the owner's property in terms of not allowing unsanitary conditions, such as creating an odor nuisance. FLOWER MOUND 68,609 (2013) 4 No 4 hens in a residential lot up to one acre. Residents on properties larger than one acre can have an unspecified number of hens and roosters. - It shall be unlawful for any owner to allow an animal to produce odors or unclean conditions sufficient to create a public nuisance. GARLAND 234,566 (2013) 2 No 30 ft. from residential dwelling For an owner to keep an animal in such a manner as to endanger the public health or to annoy a person who occupies an adjoining property by causing, suffering or allowing the accumulation of animal wastes which cause foul or offensive odors or flies GRAND PRAIRIE 183,372 (2013) Not listed No It shall be unlawful for any owner to keep or harbor any fowl within the corporate limits of the city where there is less than five hundred (500) square feet for each twenty-five (25) fowl, being twenty (20) square feet for each fowl. It shall be the duty of the animal services manager and his/her designated representatives to Administer and enforce the animal ordinances of the city when a nuisance or health problem is caused by one (1) or more animals Town Council Page 158 of 166 Meeting Date: Tuesday, November 25, 2014 HIGHLAND VILLAGE 15,747 (2013) No limit n/a No restrictions at this time KELLER 42,907 (2013) 12 No No more than twelve (12) chickens may be kept in SF 8.4 zoning or greater and twelve (12) chickens may be kept for additional each one-quarter (¼) acre It shall be unlawful for any owner of any animal to maintain yards, pens, stables, sheds, coops, or other enclosures in which any animal is confined in such a manner as to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes, or other noxious insects or rodents, or in any manner to endanger the public health, safety or welfare, or to create a public nuisance. LEWISVILLE 101,074 (2013) 6 (if no other animals) Yes Dwelling of at least 7500 10 ft. away from primary residence & 25 ft from adjacent resident/business Nuisance shall mean any thing or animal which is injurious to the health or morals, or is indecent, or is offensive to the senses, or obstructs the free use of property, or unreasonably interferes with the enjoyment of life or property. ROANOKE 6,646 (2013) 0 within city limits n/a 100 ft. of residence or business It shall be unlawful for any owner of any fowl to maintain yards, pens, sheds, coops, or other enclosures in which such fowl are confined in such a manner as to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes or other noxious insects or rodents, or in any manner to endanger the public health, safety or welfare, or to create a public nuisance. ROWLETT 58,043 (2013) 2 no 50 ft. of residence Noise. A person commits an offense if he knowingly harbors an animal that unreasonably barks, howls, crows or makes other unreasonable noise near a private residence that disturbs the peace and quiet of any Town Council Page 159 of 166 Meeting Date: Tuesday, November 25, 2014 person of ordinary sensibility. A person who is disturbed by an animal that unreasonably barks, howls, crows or makes other unreasonable noise near a private residence may file a complaint with the animal control division. A complaint must include the name and address of the complainant, the exact address of the disturbance, the type of animal causing the disturbance and the times that the animal is causing the disturbance. SOUTHLAKE 28,234 (2013) 6 no 6 within city limits. Residents may keep up to twelve hens per quarter acre of residential property. Any fowl other than hens—including roosters, ducks, turkeys, geese, etc. must be kept at least 150 feet from the property line Nuisance. Whatever is dangerous to human life or health. Whatever renders the ground, the water, the air or food, a hazard or injury to human life or health or that is or threatens to become detrimental to the public health, or contributes to urban blight or decay. Town Council Page 160 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1641-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2014 Town Council On agenda:Final action:11/25/2014 Title:Town Council Liaison Updates; discussion of same: * Parks & Recreation Board - November 17th Council Liaison - Council Member Shoffner Attachments: Action ByDate Action ResultVer. Town Council Liaison Updates; discussion of same: * Parks & Recreation Board - November 17th Council Liaison - Council Member Shoffner Town Council Page 161 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1642-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2014 Town Council On agenda:Final action:11/25/2014 Title:Town Manager Slye's update regarding the following; discussion and provide input regarding same. · Transportation Update - Indian Creek Project - 114 · Human Resources Update - Human Resources - Director of Finance · Parks & Recreation - Christmas Celebration, December 6th · Crosswalk Safety Improvements · Food Drive for Roanoke Food Pantry Attachments: Action ByDate Action ResultVer. Town Manager Slye's update regarding the following; discussion and provide input regarding same. ·Transportation Update - Indian Creek Project - 114 ·Human Resources Update - Human Resources - Director of Finance ·Parks & Recreation - Christmas Celebration, December 6th ·Crosswalk Safety Improvements ·Food Drive for Roanoke Food Pantry Town Council Page 162 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1643-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2014 Town Council On agenda:Final action:11/25/2014 Title:Items for Future Agendas. Attachments:Items for Future Agendas UPDATED 10-28-2014.pdf Action ByDate Action ResultVer. Items for Future Agendas. Town Council Page 163 of 166 Meeting Date: Tuesday, November 25, 2014 Town Council Future Agenda Items List (Updated 10/28/2014) 1. Discussion regarding animal shelter long and short term facility. (11/18/2013) (1-Nov 13) 2. Consider and take appropriate action regarding placing BNHS State Championship recognition on elevated water storage tank. (Sanders 5/19/2014) (1-Nov 13) 3. Consider and take appropriate action regarding term limits for Board and Commission members. (Rowe 7/22/2014) (1-Oct 28 Agenda) (2-Feb-10) 10/28/2014 – Council discussed and would like brought back on a future agenda for action regarding term limits and limits of terms. 4. Consider and take appropriate action regarding purchase of land at Trophy Club Drive and SH114 for signage. (Sanders 7/22/2014) (1-Oct 28 Agenda) (2-Feb-10) 10/28/2014 – Council discussed and would like a plan brought back on a future agenda. 5. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28 Agenda) (2-Feb-10) 10/28/2014 – Council discussed and would like a plan brought back on a future agenda. 6. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13) 7. Consider and take appropriate action regarding policy on equipment schedule for replacement program. (Shoffner 8/26/2014) (1-Dec 18) 8. Consider and take appropriate action regarding general signage on poles and painted on road beds. (Parrow 8/26/2014) (1-Dec 18 in conjunction with item #14 per Parrow 10/14/2014) 9. Review of policies related to employees compensation for auto allowances and retirement plans. (Sanders 9/9/2014) (1-Dec 18) 10. Review of cell phone/wireless policy and plans. (Sanders 9/9/2014) (1-Jan 13) 11. Consider and take appropriate action regarding parking on Parkview and options for Police Department mitigation. (Rowe 9/9/2014) (1-Jan 13) 12. Consider and take appropriate action regarding crosswalk safety enhancements. (Rowe 9/9/2014) (1-Dec 18 in conjunction with item #10 per Parrow 10/14/2014) 13. Consider and take appropriate action regarding the review of the sign ordinance. (Lamont 9/9/2014). (1-Jan 13) 14. Consider and take appropriate action regarding Codification of ordinances policy. (Rowe 10/28/2014) (1-Feb-10) Town Council Page 164 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1640-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/17/2014 Town Council On agenda:Final action:11/25/2014 Title:Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1)Potential sites for the location of a new Police and Town Hall Facility and related negotiations Attachments: Action ByDate Action ResultVer. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations Town Council Page 165 of 166 Meeting Date: Tuesday, November 25, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1652-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/19/2014 Town Council On agenda:Final action:11/25/2014 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 166 of 166 Meeting Date: Tuesday, November 25, 2014