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04.22.2024 TC Agenda Packet TOWN OF TROPHY CLUB MEETING AGENDA TOWN COUNCIL 1 Trophy Wood Drive Trophy Club, Texas 76262 April 22, 2024 6:00 PM Council Chambers CALL WORK SESSION TO ORDER AND ANNOUNCE A QUORUM WORK SESSION ITEM 1. Discussion on infrastructure improvement options to address flooding on Inverness Drive, from Indian Creek to Inverness Drive. (Matt Cox, Community Development Director & Philip Varughese, TnP Engineering) ADJOURN WORK SESSION CALL REGULAR MEETING TO ORDER (immediately following Work Session or 7:00 p.m., whichever is later) INVOCATION PLEDGES led by Council Member Pledge of Allegiance to the American Flag Pledge of Allegiance to the Texas Flag PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter pursuant to Texas Government Code Sec. 551.007. The Council is not permitted to discuss or take action on any presentations made concerning matters that are not listed on the agenda. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak by completing the Speaker’s Form or may email mayorandcouncil@trophyclub.org PRESENTATIONS 2. Conduct a Police Department badge pinning ceremony. (Patrick Arata, Police Chief) COMMUNITY SPOTLIGHT Page 1 of 171 3. Proclamation - National Day of Prayer 4. Proclamation - Public Employee Recognition Week 5. Working for You... Trophy Club a) Update from Town Council Members b) Update from Town Manager (Brandon Wright, Town Manager) c) Quick Civic Tip (Dean Roggia, Town Attorney) CONSENT AGENDA This part of the agenda consists of non-controversial, or "housekeeping" items required by law. Items may be removed from Consent by any council member by making such request prior to a motion and vote. 6. Consider approval of the April 8, 2024, Town Council Work Session and Regular Meeting Minutes. (Tammy Dixon, Town Secretary) 7. Consider a resolution authorizing the transfer of retired K-9 Officer Indy to Sergeant Barry Sullivan. (Patrick Arata, Police Chief) 8. Consider authorizing the Town Manager to negotiate and execute an Interlocal Cooperative Agreement with Denton County for the Shared Governance Communications & Dispatch Services System for Police and Fire. (Partick Arata, Police Chief & Jason Wise, Fire Chief) PUBLIC HEARINGS 9. Conduct a public hearing and consider an ordinance granting a Specific Use Permit authorizing alcohol beverage sales for on-premise consumption in conjunction with a restaurant use at Thai Taste Restaurant located at 2300 E Highway 114, #600 and approximately 230 feet of SH 114. (Matt Cox, Community Development Director) 10. Conduct a public hearing and consider an ordinance amending Planned Development 30 (PD-30) to allow for a modification to the development standards and design of drive-thru facilities on Lot 1, Black A, of Trophy Club Town Center Addition, C. Medlin Survey, Abstract No. 823, Denton County, Texas. The applicant is TC Town Center 1 LP, and the property is generally located at the northeast corner of Trophy Club Drive and SH 114 in the Town of Trophy Club, Denton County, Texas. Denton County Parcel ID 726655 (Matt Cox, Community Development Director) 11. Conduct a public hearing and consider an ordinance granting a Specific Use Permit for a Quick Service Restaurant in an approximate 2,500 square foot proposed structure on Lot 1, Block A, of Trophy Club Town Center Addition, C. Medlin Survey, Abstract No. 823, Denton County, Texas. The applicant is TC Town Center 1 LP, and the property is Page 2 of 171 generally located at the northeast corner of Trophy Club Drive and SH 114 in the Town of Trophy Club, Denton County, Texas. Denton County Parcel ID 726655 (Matt Cox, Community Development Director) 12. Conduct a public hearing and consider an ordinance amending the Town’s Code of Ordinances, Chapter 14, “Zoning”, Division 5, “Supplementary District Regulations”, Section 14.02.252 “Sale of Alcoholic Beverages” to update requirements for the sale of Alcohol in the Town. (Tammy Dixon, Town Secretary) INDIVIDUAL ITEMS 13. Consider authorizing the Town Manager to negotiate and execute a professional services agreement with John R. McAdams Company for the design, construction bid, and construction administration of the Trophy Club Dedicated Pickleball Courts Project in a not-to-exceed amount of $147,000. (Chase Ellis, Parks & Recreation Director) 14. Consider a resolution repealing the existing Fund Balance Policy in its entirety and replacing it with the new Financial Reserves Policy. (April Duvall, Finance Director) ADJOURN The Town Council may convene into executive session to discuss posted items as allowed by Texas Government Code Sections 551.071 through 551.076 and Section 551.087. CERTIFICATION I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall for the Town of Trophy Club, Texas, in a place convenient and readily accessible to the general public at all times on the following date and time: April 17, 2024, at 5:00 pm, and said Notice of Meeting was also posted concurrently on the Town’s website in accordance with Texas Government Code Ch. 551 at least 72 hours prior to the scheduled time of said meeting. __________________________________ Maggie McCormick-Krukowski Records Analyst If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 6822372900, 48 hours in advance, and reasonable accommodations will be made to assist you. Page 3 of 171 TOWN COUNCIL COMMUNICATION MEETING DATE: April 22, 2024 FROM: Matt Cox, Director of Community Development AGENDA ITEM: Discussion on infrastructure improvement options to address flooding on Inverness Drive, from Indian Creek to Inverness Drive. (Matt Cox, Community Development Director & Philip Varughese, TnP Engineering) BACKGROUND/SUMMARY: Over the past several years, Town staff has tracked instances of high water and flooding within Trophy Club. Specifically, multiple residents have experienced recurring flooding incidents on Inverness Drive. Over the past decade, there has been a persistent issue of high water pooling and residential property damage at 223 Inverness Drive. In November 2022, the Town Council approved the initiation of a comprehensive drainage shed study for the Inverness area. This study, undertaken by Teague Nall and Perkins (TnP), has now been successfully completed. Its findings reveal three distinct areas prone to flooding within the drainage study, each presenting unique challenges and considerations. Importantly, the study outlines potential solutions that can be implemented either as a single consolidated project or as three separate phased initiatives. The drainage study for Inverness commenced in December 2022. A draft report and study was completed in June 2023 and alternatives were developed following subsequent meetings in February and March 2024. The general cause of overland flooding in Inverness is due to insufficient storm drain and inlet capacity from Indian Creek Drive to the outfall of the storm drain system at Trophy Club Country Club. Overland flow from Indian Creek Drive and Hillcrest Court overwhelms the downstream storm drain system, causing water to leave the right-of-way. TnP and staff have developed three alternatives to address levels of flooding on Inverness, including options that address upstream flooding to Indian Creek. The alternatives are presented below with preliminary cost estimates. Description Preliminary Cost Estimate Alternative 1 Storm drain and inlet upsizing from Inverness Drive to the outfall in Trophy Club Country Club $1.2 million Page 4 of 171 Alternative 2 Storm drain and inlet upsizing from Hillcrest Court to the outfall in Trophy Club Country Club $1.8 million Alternative 3 Storm drain and inlet upsizing from Indian Creek to the outfall inn Trophy Club Country Club $2.2 million BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: The Town previously committed funding from the American Rescue Plan Act (ARPA) grant to assist local municipalities to address stormwater infrastructure. At that time, the Town committed $1.5 million to address flooding concerns on Inverness and $800,000 to address erosion concerns on Skyline. Early review of options at Skyline indicate that costs far exceed $800,000 and that timing cannot be met to expend the dollars by the ARPA deadline of December 31, 2026. In all, a total of $2.3 million was committed to address stormwater drainage and is available for the Inverness project. If more detailed cost estimates in the future exceed the amount of ARPA funds available for this project, the Town has approximately $1.6 million in uncommitted funding in the Drainage Fund. LEGAL REVIEW: N/A ATTACHMENTS: 1. TnP Authorization Inverness Study 2. Exhibits 3. Cost Breakdowns TRO22550 - COPC ACTIONS/OPTIONS: This agenda item is being presented for discussion and feedback purposes only. Staff is seeking Town Council direction on which alternative TnP should be engaged to develop construction drawings. Page 5 of 171 Page 6 of 171 Page 7 of 171 Page 8 of 171 Page 9 of 171 Page 10 of 171 Page 11 of 171 Page 12 of 171 UV114 SH 114 INDIAN C R E E KHOGANS T W KINGKATIE PLA Z A INVERNESS DAVISCOYOTE FRESH MEAD O W GIRO N A ASHEVILLE SKYLINEMEADOWBROOKTR O O N GREENHILLTROPHY CLUBSEMINOLE CRESTWOODBOB JONES C Y P R E S S PHOENIXHILLSIDETIMBERLINE FAIR GREEN FOREST HILLS UMM I T GREENLEAFTIMBER RIDGE SUNSETHILLHAYESHALE HILLCREST SOUTHFORKCREEKMERE ARTAPEBBLE BEACHTROPHY WOODREADING TW KINGARAGON RANCHO LAREDO ANDORR A SADIE OAK HILL SHIELDS CAPITAL SILVER SPUR S P Y G L A S S JAMIE EDGEMERELAKE FORESTHERITAGE KING RANCH SUNRISE COLONIALROCHESTER ROSESROSS HA N N AHAMPERSTEPHENSBERKSHIRE CATALONIACRICKETTTARRAGONAGLENDALEJENNIFERGREENBRIAR ROCKWOODSHADY OAKS ST ANDREWSTURNBURYGENTRYSO L A N A T W KINGGIRO N ADAVIS T W KINGINVERNESS Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community N 0 300 600 1 inch = 600 feet Trophy Club, TexasEXHIBIT 1LOCATION MAPJune 2023Legend Project Location Parcels INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/25/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 1 - Location Map.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 13 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/INDIAN CR E E K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHILLCRESTHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE VALLEY WOODGENTRYINDIAN CRE E K INVERNESS5421 36 27 18 4842241 8 27 241818 1818 36 18 211818 1854N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 2STORMDRAIN LAYOUTJune 2023Legend "/Inlet Stormdrain Parcels INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/25/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 2 - Stormdrain Layout.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 14 of 171 "/"/ "/"/ "/"/ "/"/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/"/ "/"/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/"/ "/ "/"/ "/ "/"/ "/"/"/ "/"/ "/ "/ "/ "/ "/"/ "/"/ "/ UV114 INDIAN CREEKSH 114 INVERNESS FRESH MEAD O W SEMINOLE TIMBERLINE PHOENIXTR O O N FOREST HILLT W KINGHILLHILLCREST MEADOWBROOK PEBBLE BEACHTW KINGSHIELDSSADIE JAMIE PLANTATI O N O A K S HERITAGE CREEKMERE GREENLEAF ROSS HANNA STEPHENS ANDO R R A CRICKETTWOODLA N D S GLENDALETROPHY WOODVALLEY WOODGREENBRIARSHADY OAKSGENTRYVILLAGE SH 114SH 114 INDIAN CRE E K SH 114 INVERNESS T W KINGDA-28 DA-1 DA-30 DA-2 DA-29 DA-4 DA-26 DA-23 DA-6 DA-3DA-19 DA-20 DA-10 DA-18DA-17 DA-11 DA-24 DA-12 DA-16 DA-9DA-13 DA-7 DA-15 DA-5 DA-8 DA-14 DA-27 DA-22 DA-25 DA-21 630 625635 64064565062061565566066567061060 5 675680600685595690 635 630 635 610670 610680610 685 66 0 630 61063 5 665 635 640 6306 2 5 620 620 675 645 615 615 630 650 63 0 635 635 635 660 645 655 635 630640665 685610 690660 625 680640 670 6706 3 5635675 680 630640670 630 640 610625635 610635 63 5 655 635 N 0 150 300 1 inch = 300 feet Trophy Club, TexasEXHIBIT 3DRAINAGE AREA MAPJune 2023Legend "/Inlet Stormdrain TC Flowpaths Drainage Area Map 1-ft LIDAR (TNRIS) 1ft 5ft INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/25/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 3 - Drainage Area Map.mxdCopyright 2023 Teague Nall & Perkins, Inc.Area(ac)Q5 Q25 Q100DA-1 13.34 80 17.1 36.91 61.92 83.81DA-2 7.67 81 10.2 27.52 45.48 61.07DA-3 3.36 83 8.1 13.95 22.55 29.97DA-4 4.49 79 8.9 15.87 26.88 36.53DA-5 0.71 76 6.2 2.53 4.46 6.17DA-6 3.94 78 11.6 12.12 20.82 28.48DA-7 0.99 83 6.4 4.43 7.15 9.49DA-8 0.44 82 5.6 1.97 3.20 4.28DA-9 0.92 79 8.7 3.28 5.54 7.53DA-10 2.23 79 8.3 8.04 13.67 18.60DA-11 1.58 82 8.3 6.30 10.31 13.78DA-12 1.45 82 8.3 5.78 9.46 12.64DA-13 2.06 78 13.1 6.01 10.35 14.16DA-14 0.52 75 2.9 1.88 3.36 4.68DA-15 0.92 83 8.1 3.82 6.17 8.21DA-16 1.42 76 15.6 3.55 6.28 8.71DA-17 2.04 75 8.7 6.27 11.20 15.61DA-18 2.22 76 10.2 6.68 11.78 16.32DA-19 3.29 75 9.5 9.77 17.55 24.52DA-20 3.13 80 15.3 9.12 15.32 20.74DA-21 0.23 77 3.8 0.90 1.56 2.14DA-22 0.35 75 5.9 1.22 2.17 3.02DA-23 5.14 75 10.2 14.87 26.61 37.11DA-24 1.47 75 9.0 4.46 7.99 11.15DA-25 0.28 75 11.7 0.77 1.37 1.92DA-26 5.15 75 12.5 13.69 24.51 34.27DA-27 0.40 75 5.9 1.39 2.48 3.45DA-28 30.17 67 13.9 52.86 108.46 160.77DA-29 6.74 67 8.2 14.69 29.92 44.45DA-30 10.95 67 9.4 22.61 46.17 68.58 Outflows (cfs)Basin ID CN TC (min) Page 15 of 171 UV114 INDIAN CREEKT W KINGSH 114 INVERNESS FRESH MEA D O W SEMINOLE TIMBERLINE PHOENIXFOREST HILLHILLHILLCREST COYOTEPEBBLE BEACHTW KINGSHIELDS JAMIEHERITAGE SADIE CREEKMERE PLANTATION OAKS ROSS H A N N AGREENLEA F CLARIDEN RANCHCRICKETTSILVER SPUR WOODLANDS TROPHY WOODGLENDALEVALLEY WOODGREENBRIARSHADY OAKSGENTRY SH 114 T W KINGINDIAN CRE E K SH 114 SH 114 INVERNESS DA-28 DA-1 DA-30 DA-2 DA-29 DA-4 DA-26 DA-23 DA-6 DA-3 DA-19 DA-20 DA-10 DA-18DA-17 DA-11 DA-24 DA-12 DA-16 DA-9DA-13 DA-7 DA-15 DA-5 DA-8 DA-14 DA-27 DA-22 DA-25 DA-21 N 0 150 300 1 inch = 300 feet Trophy Club, TexasEXHIBIT 4HYDROLOGICAL SOIL MAPJune 2023Legend Drainage Area Map Hydrologic Soil Group Group B Group C Water Parcels INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/25/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 4 - Soils Map.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 16 of 171 UV114 INDIAN CREEKSH 114 INVERNESS T W KINGFRESH MEA D O W SEMINOLE TIMBERLINE PHOENIXFOREST HILLTROONHILLHILLCREST PEBBLE BEACHTW KINGMEADOWBROOK SHIELDS JAMIE PLANTATI O N O A K S HERITAGE SADIE CREEKMERE ROSS H A N N AGREENLEA F CRICKETTANDORRA WOODLANDS TROPHY WOODGLENDALESTEPHENS COYOTE VALLEY WOODGREENBRIARSHADY OAKSGENTRYVILLAGE SH 114 SH 114 INDIAN CRE E K SH 114 INVERNESS T W KINGDA-28 DA-1 DA-30 DA-2 DA-29 DA-4 DA-26 DA-23 DA-6 DA-3 DA-19 DA-20 DA-10 DA-18DA-17 DA-11 DA-24 DA-12 DA-16 DA-9DA-13 DA-7 DA-15 DA-5 DA-8 DA-14 DA-27 DA-22 DA-25 DA-21 N 0 150 300 1 inch = 300 feet Trophy Club, TexasEXHIBIT 5LANDUSE MAPJune 2023Legend Drainage Area Map Landuse Single Family Open Space Parcels INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/25/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 5 - Landuse Map.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 17 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/INDIAN CR E E K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHILLCRESTHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE VALLEY WOODGENTRYINDIAN CRE E K INVERNESS5421 36 27 18 4842241 8 542 4 18 2418 1818 21 27 1818185436 630625635640645650655620660615665670610675680685605600690 670 665 635660635 610 650 675 630640 610 635 640 655 690630 605655 610 680 650645 600635 680685 635 63067063 0 N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 65-YR INUNDATION MAPJune 2023Legend "/Inlet Stormdrain Parcels 1-ft LIDAR (TNRIS) 1ft 5ft 5-YR Inundation Depth (ft) 0.10 - 0.25 0.25 - 0.50 0.50 - 1.00 1.00 - 1.50 1.50 - 2.00 2.00 - 2.50 2.50 - 3.00 3.00 - 4.00 >4.00 INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/27/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 6 - 005-YR Inundation Map.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 18 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/INDIAN CR E E K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHILLCRESTHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE VALLEY WOODGENTRYINDIAN CRE E K INVERNESS5421 36 27 18 4842241 8 27 241818 1818 36 18 211818 1854630625635640645650655620660615665670610675680685605600690 660 670605635670 63063 0 680 610 630645 665 630 675 655 690635 635 635 655 600680640 635685 640 650610 650 610 N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 725-YR INUNDATION MAPJune 2023Legend "/Inlet Stormdrain Parcels 1-ft LIDAR (TNRIS) 1ft 5ft 25-YR Inundation Depth (ft) 0.10 - 0.25 0.25 - 0.50 0.50 - 1.00 1.00 - 1.50 1.50 - 2.00 2.00 - 2.50 2.50 - 3.00 3.00 - 4.00 >4.00 INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/25/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 7 - 025-YR Inundation Map.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 19 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/INDIAN CR E E K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHILLCRESTHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE VALLEY WOODGENTRYINDIAN CRE E K INVERNESS5421 36 27 18 4842241 8 27 241818 1818 36 18 211818 1854630625635640645650655620660615665670610675680685605600690 660 670605635670 63063 0 680 610 630645 665 630 675 655 690635 635 635 655 600680640 635685 640 650610 650 610 N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 8100-YR INUNDATION MAPJune 2023Legend "/Inlet Stormdrain Parcels 1-ft LIDAR (TNRIS) 1ft 5ft 100-YR Inundation Depth (ft) 0.10 - 0.25 0.25 - 0.50 0.50 - 1.00 1.00 - 1.50 1.50 - 2.00 2.00 - 2.50 2.50 - 3.00 3.00 - 4.00 >4.00 INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/25/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 8 - 100-YR Inundation Map.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 20 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ Existing 20-ftCurb Inlet w/10-ft Extension 2 - 542 - 542 - 54 21 36 27 18 4842 21 24 18 36 2418 18 181836 27 21181818 1 8 INDIAN CREE K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHILLCRESTHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE VALLEY WOODGENTRYINDIAN CRE E K INVERNESS N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 9ALTERNATIVE 1 STORMDRAIN LAYOUTJune 2023Legend "/Proposed Alt 1 Inlets Proposed Alt 1 SD "/Inlet Stormdrain Parcels INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/26/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 9 - Proposed Stormdrain Layout.mxdCopyright 2023 Teague Nall & Perkins, Inc.10-ft Curb Inlet Page 21 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/2 - 542 - 542 - 54 10-ft Curb Inlet Existing 20-ftCurb Inlet w/10-ft Extension INDIAN CR E E K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHILLCRESTHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE VALLEY WOODGENTRYINDIAN CRE E K INVERNESS5421 36 27 18 4842241 8 18 2418 1818 21 27 1818185436 630625635640645650655620660615665670610675680685605600690 670 665 635660635 610 650 675 630640 610 635 640 615 655 690630 605655 610 680 650645 600635 680685 635 63067063 0 N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 10ALTERNATIVE 1 25-YR INUNDATION MAPJune 2023Legend "/Proposed Alt 1 Inlets Proposed Alt 1 SD "/Inlet Stormdrain Parcels 1-ft LIDAR (TNRIS) 1ft 5ft Alt 1 25-YR Inundation Depth (ft) 0.10 - 0.25 0.25 - 0.50 0.50 - 1.00 1.00 - 1.50 1.50 - 2.00 2.00 - 2.50 2.50 - 3.00 3.00 - 4.00 >4.00 INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/26/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 10 - Proposed 25-YR Inundation Map.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 22 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/2 - 542 - 542 - 54 10-ft Curb Inlet Existing 20-ftCurb Inlet w/10-ft Extension INDIAN CR E E K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHILLCRESTHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE VALLEY WOODGENTRYINDIAN CRE E K INVERNESS5421 36 27 18 4842241 8 18 2418 1818 21 27 1818185436 630625635640645650655620660615665670610675680685605600690 670 665 635660635 610 650 675 630640 610 635 640 615 655 690630 605655 610 680 650645 600635 680685 635 63067063 0 N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 11ALTERNATIVE 1: 100-YR INUNDATION MAPJune 2023Legend "/Proposed Alt 1 Inlets Proposed Alt 1 SD "/Inlet Stormdrain Parcels 1-ft LIDAR (TNRIS) 1ft 5ft Alt 1 100-YR Inundation Depth (ft) 0.10 - 0.25 0.25 - 0.50 0.50 - 1.00 1.00 - 1.50 1.50 - 2.00 2.00 - 2.50 2.50 - 3.00 3.00 - 4.00 >4.00 INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/26/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 11 - Proposed 100-YR Inundation Map.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 23 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/ "/ Existing 20-ftCurb Inlet w/10-ft Extension 2 - 542 - 542 - 54 20-ft Curb Inlet w/ 10-ft Extension 20-ft Curb Inletw/ 10-ft Extension 6'x5'21 36 27 18 42 21 24 18 36 2418 18 181836 27 211818 18 1 8 INDIAN CREE K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHILLCRESTHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE VALLEY WOODGENTRYINDIAN CRE E K INVERNESS N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 12ALTERNATIVE 2 STORMDRAIN LAYOUTJune 2023Legend "/Proposed Alt 2 Inlets Proposed Alt 2 SD "/Inlet Stormdrain Parcels INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/26/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 12 - Alt 2 Stormdrain Layout.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 24 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/ "/ Existing 20-ftCurb Inlet w/10-ft Extension 2 - 542 - 542 - 54 20-ft Curb Inlet w/ 10-ft Extension 20-ft Curb Inletw/ 10-ft Extension 6'x5'21 36 27 18 42 21 24 18 36 2418 18 181836 27 211818 18 1 8 INDIAN CREE K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHILLCRESTHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE VALLEY WOODGENTRYINDIAN CRE E K INVERNESS630625 635640645650655620660615665670610675680685605600690 680 630630630 690605610 660 635610 685 63 0 610 655 600665 640 650635 635 670675635 680640 635 615 645 670 650 655 N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 13ALTERNATIVE 2 25-YR INUNDATION MAPJune 2023Legend "/Proposed Alt 2 Inlets Proposed Alt 2 SD "/Inlet Stormdrain 1-ft LIDAR (TNRIS) 1ft 5ft Parcels Alt 2 25-YR Inundation Depth (ft) 0.10 - 0.25 0.25 - 0.50 0.50 - 1.00 1.00 - 1.50 1.50 - 2.00 2.00 - 2.50 2.50 - 3.00 3.00 - 4.00 >4.00 INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/27/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 13 - Alt 2 25-YR Inundation Map.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 25 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/ "/ Existing 20-ftCurb Inlet w/10-ft Extension 2 - 542 - 542 - 54 20-ft Curb Inlet w/ 10-ft Extension 20-ft Curb Inletw/ 10-ft Extension 6'x5'21 36 27 18 42 21 24 18 36 2418 18 181836 27 211818 18 1 8 INDIAN CREE K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHILLCRESTHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE VALLEY WOODGENTRYINDIAN CRE E K INVERNESS630625 635640645650655620660615665670610675680685605600690 680 630630630 690605610 660 635610 685 63 0 610 655 600665 640 650635 635 670675635 680640 635 615 645 670 650 655 N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 14ALTERNATIVE 2 100-YR INUNDATION MAPJune 2023Legend "/Proposed Alt 2 Inlets Proposed Alt 2 SD "/Inlet Stormdrain 1-ft LIDAR (TNRIS) 1ft 5ft Parcels Alt 2 100-YR Inundation Depth (ft) 0.10 - 0.25 0.25 - 0.50 0.50 - 1.00 1.00 - 1.50 1.50 - 2.00 2.00 - 2.50 2.50 - 3.00 3.00 - 4.00 >4.00 INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/27/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 14 - Alt 2 100-YR Inundation Map.mxdCopyright 2023 Teague Nall & Perkins, Inc.Page 26 of 171 27 1310 1781 167 1 1550 1200 1435 1107 1867TI M B E R L I N E GREENLEA F FRESH MEADOW 605610615 600 620625630595635 6 0 5 6 0 061061 5 610610N 0 50 100 1 inch = 80 feet Trophy Club, TexasEXHIBIT 15HYDRAULIC WORKMAPJune 2023Legend Stream CL Cross-Sections Existing 100yr Floodplain Proposed 100-yr Floodplain Stormdrain 1-ft LIDAR (TNRIS) 1ft 5ft Parcels INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 6/27/2023Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 15 - Hydraulic Workmap.mxdCopyright 2023 Teague Nall & Perkins, Inc.EX Alt-1 EX Alt-1 EX Alt-1 EX Alt-1 Q Total Q Total W.S. Elev W.S. Elev Vel Chnl Vel Chnl Top Width Top Width (cfs) (cfs) (cfs) (ft) (ft) (ft) (ft/s) (ft/s) (ft/s) (ft) (ft) (ft)1867.00 200 323 123 603.95 604.58 0.63 4.04 4.76 0.72 26.73 35.93 9.201781.00 200 323 123 603.50 603.99 0.49 3.00 3.73 0.73 36.53 45.63 9.101671.00 200 323 123 601.91 602.62 0.71 6.23 5.49 -0.74 25.42 67.37 41.951550.00 200 323 123 601.10 601.51 0.41 2.91 3.76 0.85 37.97 45.37 7.401435.00 200 323 123 600.84 601.10 0.26 2.11 2.85 0.74 98.47 109.84 11.371310.00 450 550 100 600.13 600.35 0.22 4.38 4.60 0.22 104.30 116.63 12.331200.00 450 550 100 598.52 598.74 0.22 6.18 6.55 0.37 62.36 69.25 6.891107.00 450 550 100 597.36 597.61 0.25 5.08 5.44 0.36 65.81 76.80 10.99 ∆∆∆River Sta ∆ Page 27 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ Existing 20-ftCurb Inlet w/10-ft Extension 2 - 542 - 542 - 54 20-ft Curb Inlet w/ 10-ft Extension 20-ft Curb Inletw/ 10-ft Extension 6'x5'Existing 20-ftCurb Inlet w/10-ft Extension Replace Existing10-ft Curb Inlet Replace Existing20-ft Curb Inlet 5 4 48273621 36 27 18 42 21 24 18 3636 18 181827 211818 18 INDIAN CREE K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE GENTRYINDIAN CRE E K INVERNESS N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 16ALTERNATIVE 3 STORMDRAIN LAYOUTMarch 2024Legend "/Proposed Alt 3 Inlets "/Proposed Alt 2 Inlets Proposed Alt 3 SD "/Inlet Stormdrain Parcels INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 4/17/2024Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 16 - Alt 3 Stormdrain Layout.mxdCopyright 2024 Teague Nall & Perkins, Inc.Abondon Existing260-LF SD Page 28 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ Existing 20-ftCurb Inlet w/10-ft Extension 2 - 542 - 542 - 54 20-ft Curb Inlet w/ 10-ft Extension 20-ft Curb Inletw/ 10-ft Extension 6'x5'Existing 20-ftCurb Inlet w/10-ft Extension Replace Existing10-ft Curb Inlet Replace Existing20-ft Curb Inlet 5 4 482736 HILLCREST 21 36 27 18 42 21 24 18 3636 18 181827 211818 18 INDIAN CREE K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE GENTRYINDIAN CRE E K INVERNESS 630 625635640645650655620660615665670610675680685605600690 680 630630 630 690610 6606 3 5 610 685 630610 655 665 640 635 635 670675635640 635 645 670 650 N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 17ALTERNATIVE 3 25-YR INUNDATION MAPMarch 2024Legend "/Proposed Alt 3 Inlets Proposed Alt 3 SD "/Inlet Stormdrain Alt 3 25-YR Inundation Depth (ft) 0.10 - 0.25 0.25 - 0.50 0.50 - 1.00 1.00 - 1.50 1.50 - 2.00 2.00 - 2.50 2.50 - 3.00 3.00 - 4.00 >4.00 1-ft LIDAR (TNRIS) 1ft 5ft Parcels INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 4/17/2024Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 17 - Alt 3 25-YR Inundation Map.mxdCopyright 2024 Teague Nall & Perkins, Inc.Abondon Existing260-LF SD Page 29 of 171 "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/"/ "/ "/"/ "/ "/ "/"/ "/ "/ "/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/"/ "/"/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ "/ Existing 20-ftCurb Inlet w/10-ft Extension 2 - 542 - 542 - 54 20-ft Curb Inlet w/ 10-ft Extension20-ft Curb Inletw/ 10-ft Extension 6'x5'Existing 20-ftCurb Inlet w/10-ft Extension Replace Existing10-ft Curb Inlet Replace Existing20-ft Curb Inlet 5 4 482736 HILLCREST 21 36 27 18 42 21 24 18 3636 18 181827 211818 18 INDIAN CREE K INVERNESS SEMINOLE PHOENIXFRESH MEA D O W HILLPEBBLE BEACHHERITAGECRICKETT SHIELDS PLANTATION OAKSGLENDALE GENTRYINDIAN CRE E K INVERNESS 630 625635640645650655620660615665670610675680685605600690 680 630630 630 690610 6606 3 5 610 685 630610 655 665 640 635 635 670675635640 635 645 670 650 N 0 100 200 1 inch = 200 feet Trophy Club, TexasEXHIBIT 18ALTERNATIVE 3 100-YR INUNDATION MAPMarch 2024Legend "/Proposed Alt 3 Inlets "/Proposed Alt 2 Inlets Proposed Alt 3 SD "/Inlet Stormdrain 1-ft LIDAR (TNRIS) 1ft 5ft Alt 3 100-YR Inundation Depth (ft) 0.10 - 0.25 0.25 - 0.50 0.50 - 1.00 1.00 - 1.50 1.50 - 2.00 2.00 - 2.50 2.50 - 3.00 3.00 - 4.00 >4.00 Parcels INVERNESS DRAINAGE STUDYTNP# TRO22550 Date Saved: 4/17/2024Document Path: T:\Projects\TRO22550\_GIS\_Exhibits\Exhibit 18 - Alt 3 100-YR Inundation Map.mxdCopyright 2024 Teague Nall & Perkins, Inc.Abondon Existing260-LF SD Page 30 of 171 PROJECT:DATE: 6/26/2023 CLIENT: Town of Trophy Club TNP JOB # TRO22250 ITEM DESCRIPTION QTY. UNIT UNIT COST TOTAL 1 Mobilization, Bonds, & Insurance (~6%) 1 LS $44,000.00 $44,000 2 Site Preparation 11 STA $10,000.00 $110,000 3 Remove Existing RCP 55 LF $40.00 $2,200 4 Remove Existing Manhole 4 EA $2,000.00 $8,000 5 24" RCP 17 LF $200.00 $3,400 6 36" RCP 30 LF $280.00 $8,400 7 48" RCP 25 LF $350.00 $8,750 8 54" RCP 1,050 LF $400.00 $420,000 9 Replace Headwall 1 EA $15,000.00 $15,000 10 10' Standard Curb Inlet 2 EA $7,000.00 $14,000 11 Junction Box - 10'x5' 4 EA $16,000.00 $64,000 13 Concrete Pavement Repair 320 SY $120.00 $38,400 14 Concrete Curb and Gutter 150 LF $65.00 $9,750 15 Landscape Restoration 1,225 SY $20.00 $24,500 16 Trench Safety 1,100 LF $2.50 $2,750 17 Traffic Control 1 LS $15,000.00 $15,000 Construction Subtotal $789,000 Contingency:30% (+/-)$237,000 Professional Fees 15% (+/-)$154,000 Basis for Cost Projection: Total $1,180,000 COPC-1 Conceptual Opinion of Probable Cost Alternative #1 Inverness Drainage Study 1. Estimates do not reflect costs of easement or ROW acquisition, material testing, permitting/mitigation fees, utility conflict relocations, or construction phase services. 2. Unit costs based on similar, recently bid projects and publically available pricing data. These costs are subject to change based on project timing. Storm Drain Improvements No Design Completed Preliminary Design Final Design Page 31 of 171 PROJECT:DATE: 6/26/2023 CLIENT: Town of Trophy Club TNP JOB # TRO22250 ITEM DESCRIPTION QTY. UNIT UNIT COST TOTAL 1 Mobilization, Bonds, & Insurance (~6%) 1 LS $67,447.50 $67,448 2 Site Preparation 15 STA $10,000.00 $150,000 3 Remove Existing RCP 500 LF $40.00 $20,000 4 Remove Existing Curb Inlets 2 EA $1,800.00 $3,600 5 Remove Existing Manhole 6 EA $2,000.00 $12,000 6 24" RCP 42 LF $200.00 $8,400 7 36" RCP 30 LF $280.00 $8,400 8 48" RCP 50 LF $350.00 $17,500 9 54" RCP 1,050 LF $400.00 $420,000 10 6'x5' RCB 300 LF $675.00 $202,500 11 Replace Headwall 1 EA $15,000.00 $15,000 12 10' Standard Curb Inlet Extension 1 EA $7,000.00 $7,000 13 20' Standard Curb Inlet w/ 10' Extension 2 EA $19,000.00 $38,000 14 Junction Box - 10'x5' 4 EA $20,000.00 $80,000 15 Junction Box - 8'x7' 1 EA $15,000.00 $15,000 16 Replace 5'x5' Drop Inlet 1 EA $10,000.00 $10,000 17 Concrete Pavement Repair 475 SY $120.00 $57,000 18 Concrete Curb and Gutter 250 LF $65.00 $16,250 19 Landscape Restoration 1,255 SY $20.00 $25,100 20 Trench Safety 1,350 LF $2.50 $3,375 21 Traffic Control 1 LS $15,000.00 $15,000 Construction Subtotal $1,192,000 Contingency:30% (+/-)$358,000 Professional Fees 15% (+/-)$233,000 Basis for Cost Projection: Total $1,783,000 COPC-2 Conceptual Opinion of Probable Cost Alternative #2 Storm Drain Improvements Inverness Drainage Study 1. Estimates do not reflect costs of easement or ROW acquisition, material testing, permitting/mitigation fees, utility conflict relocations, or construction phase services. 2. Unit costs based on similar, recently bid projects and publically available pricing data. These costs are subject to change based on project timing. No Design Completed Preliminary Design Final Design Page 32 of 171 PROJECT:DATE: 3/26/2024 CLIENT: Town of Trophy Club TNP JOB # TRO22250 ITEM DESCRIPTION QTY. UNIT UNIT COST TOTAL 1 Mobilization, Bonds, & Insurance (~6%) 1 LS $83,110.50 $83,111 2 Site Preparation 15 STA $10,000.00 $150,000 3 Remove Existing RCP 500 LF $40.00 $20,000 4 Remove Existing Curb Inlets 5 EA $1,800.00 $9,000 5 Remove Existing Manhole 8 EA $2,000.00 $16,000 6 Abondon and Grout Existing RCP 270 LF $20.00 $5,400 7 24" RCP 80 LF $200.00 $16,000 8 36" RCP 100 LF $280.00 $28,000 9 48" RCP 185 LF $350.00 $64,750 10 54" RCP 1,320 LF $400.00 $528,000 11 6'x5' RCB 300 LF $675.00 $202,500 12 Replace Headwall 1 EA $15,000.00 $15,000 13 10' Standard Curb Inlet Extension 1 EA $7,000.00 $7,000 14 20' Standard Curb Inlet w/ 10' Extension 2 EA $19,000.00 $38,000 15 Junction Box - 10'x5' 4 EA $20,000.00 $80,000 16 Junction Box - 8'x7' 1 EA $15,000.00 $15,000 17 Replace 5'x5' Drop Inlet 1 EA $10,000.00 $10,000 18 Concrete Pavement Repair 765 SY $120.00 $91,800 19 Concrete Curb and Gutter 590 LF $65.00 $38,350 20 Landscape Restoration 1,600 SY $20.00 $32,000 21 Trench Safety 1,350 LF $2.50 $3,375 22 Traffic Control 1 LS $15,000.00 $15,000 Construction Subtotal $1,469,000 Contingency:30% (+/-)$441,000 Professional Fees 15% (+/-)$287,000 Basis for Cost Projection: Total $2,197,000 COPC-3 Conceptual Opinion of Probable Cost Alternative #3 Storm Drain Improvements Inverness Drainage Study 1. Estimates do not reflect costs of easement or ROW acquisition, material testing, permitting/mitigation fees, utility conflict relocations, or construction phase services. 2. Unit costs based on similar, recently bid projects and publically available pricing data. These costs are subject to change based on project timing. No Design Completed Preliminary Design Final Design Page 33 of 171 TOWN COUNCIL COMMUNICATION MEETING DATE: April 22, 2024 FROM: AGENDA ITEM: Conduct a Police Department badge pinning ceremony. (Patrick Arata, Police Chief) BACKGROUND/SUMMARY: The police department is set to host a pinning ceremony to honor two officers. Officer Meeko Spainhower brings five years of experience to the department, while Officer Levi Cobler, who has served for six years, holds roles as a field training officer and a member of the SWAT team. Officer Cobler's dedication is recognized with a promotion to the rank of sergeant. BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: None ACTIONS/OPTIONS: Chief Arata will conduct the badge pinning ceremony. Page 34 of 171 Office of the Mayor Proclamation WHEREAS: throughout history America has faced trials and triumphs, and Americans have turned to prayer for courage and comfort, inspiration, and joy-filled celebration, compelled by faith to seek the Light of God’s guidance and to spread this light to those in need; and WHEREAS: from the first gatherings of our Founding Fathers, elected officials have prayed and entreated those they serve and represent to join them in prayer, including the authors of our Declaration of Independence, thus affirming that faith in Almighty God has been deeply rooted in the foundation and building up of this great nation; and WHEREAS: a National Day of Prayer has not only been a part of our heritage since it was declared by the First Continental Congress in 1775, but it is a Public Law established in the United States Congress in 1952 approved by a Joint Resolution and then amended with Public Law 100-307 in 1988 affirming that it is essential for us as a nation to pray and directs the President of the United States to set aside and proclaim the first Thursday of May annually as The National Day of Prayer; and WHEREAS: the National Day of Prayer belongs to all Americans and is a day that transcends differences, bringing together citizens from all backgrounds and walks of life to honor God, to pray for our nation, and to give Him thanks for the many liberties and blessings we have received, among them the freedom to gather, worship and pray; and WHEREAS: in every state across America the observance of the National Day of Prayer will be held on Thursday, May 2, 2024, with the theme, “Lift Up the Word, Light Up the World,” based on the verses found in 2 Samuel 22:29-31, “For you are my lamp, O Lord, and my God lightens my darkness … This God—his way is perfect; the word of the Lord proves true; he is a shield for all those who take refuge in him.” and WHEREAS: on this National Day of Prayer, we come together as leaders, citizens and neighbors to join our hearts and voices in unity to fervently and humbly seek God’s divine wisdom, direction, protection, and strength to meet the challenges that we face both present and future, and to offer gratitude for the many blessings He has bestowed upon our communities, state and nation. NOW, THEREFORE, I, Jeannette Tiffany, Mayor of the Town of Trophy Club, Texas, and on behalf of the Trophy Club Town Council, do hereby proclaim Thursday, May 2, 2024, as, “A Day of Prayer” in the Town of Trophy Club; to coincide with the National Day of Prayer. PROCLAIMED AND SIGNED on this the 22nd day of April 2024. ________________________________________ Jeannett Tiffany, MAYOR Page 35 of 171 Office of the Mayor Proclamation WHEREAS: Americans are served every single day by public servants at the federal, state, county and city levels. These hidden champions do the work that keeps our nation working; and across our nation, public employees take not only jobs, but oaths of office; and WHEREAS: many public servants risk their lives each day in service to the people of our communities, as well as provide safety inspections and patrols, maintain our infrastructure, operate our public facilities, and provide the diverse services demanded by the American people with integrity and diligence; and WHEREAS: public servants provide the institutional knowledge, experience, and continuity that supports the long-term sustainability of our community assets and organizational history; and WHEREAS: here in our town, our staff promotes and sustains the superior quality of life in Trophy Club, and in partnership with our community delivers cost-effective services in a personal, responsive, and innovative manner; and WHEREAS: without our public servants at every level, continuity would be impossible in a democracy that regularly changes its leaders and elected officials; and NOW, THEREFORE, I, Jeannette Tiffany, Mayor of the Town of Trophy Club, Texas, and on behalf of the Trophy Club Town Council, do hereby proclaim May 5 to May 11, 2024, to be, “Public Service Recognition Week” in the Town of Trophy Club; and encourage all citizens to recognize the accomplishments and contributions of government employees at all levels - federal, state, county, city – and especially our Town of Trophy Club employees. PROCLAIMED AND SIGNED on this the 22nd day of April 2024. ________________________________________ Jeannett Tiffany, MAYOR Page 36 of 171 Town of Trophy Club Town Council Meeting Minutes April 8, 2024, 6:00 p.m., Work Session and Regular Meeting 1 Trophy Wood Drive, Trophy Club, Texas 76262 CALL WORK SESSION TO ORDER Mayor Tiffany called the work session to order at 6::00 p.m. COUNCILMEMBERS PRESENT Jeannette Tiffany, Mayor Dennis Sheridan, Mayor Pro Tem Stacey Bauer, Councilmember Place 1 Steve Flynn, Councilmember Place 6 LuAnne Oldham, Councilmember Place 5 Jeff Beach, Councilmember Place 2 Karl Monger, Councilmember Place 4 (arrived at 6:14 p.m.) STAFF MEMBERS PRESENT Brandon Wright, Town Manager Tammy Dixon, Town Secretary Dean Roggia, Town Attorney Jason Wise, Fire Chief April Duvall, Director of Finance Matt Cox, Director of Community Development Denise Deprato, Director of Human Resources Chase Ellis, Director of Parks and Recreation Tamara Smith, Assistant to the Town Manager Patrick Arata, Chief of Police WORK SESSION ITEM 1. Discussion of recommended updates to the Town of Trophy Club Financial Reserves Policy. (April Duvall, Finance Director) April Duvall, Finance Director, gave a presentation on recommended updates to the Town of Trophy Club’s Financial Policy. Ms. Duvall and Town Manager Wright answered questions from the Town Council. A summary of Town Council comments were as follows: • Revise the language to ensure that the p olicy provides flexibility in how the Town Council determines priorities and meets targe ts. • Revise certain phrases like “strive to maintain”, “target shall be”, “reserves may be”, and “shall”. • Provide details for major areas where General Fund unassigned fund balance increased in the audited FY 2023 financial reports. Page 37 of 171 Town Council Regular Meeting Minutes-April 8, 2024 Page 2 • In the FY 2025 budget process, provide a schedule of anticipated 5-year schedule of revenues and expenditures to show future funding needs. ADJOURN Mayor Tiffany adjourned the work session at 6:44 p.m. CALL REGULAR MEETING TO ORDER Mayor Tiffany called the regular meeting to order at 7:00 p.m. INVOCATION Chase Ellis, Director of Parks and Recreation, led the invocation. PLEDGES Councilmember Monger led the Pledge of Allegiances to the American and Texas Flags. PUBLIC COMMENTS There were none. COMMUNITY SPOTLIGHT 1. Proclamation for Patriots Day Mayor Pro Tem Sheridan read aloud the proclamation. Mayor Tiffany, Mayor Pro Tem Sheridan, and Councilmember Monger presented the proclamation to Scott Smith, member of the Sons of the American Revolution, Denton Chapter. 2. Working for You . . . Trophy Club a) Update from Town Council Members Councilmember Flynn expressed his enjoyment of the Total Solar Eclipse at Harmony Park. Councilmember Monger reminded the audience that the Metroport Veterans Association was hosting their monthly breakfast at MeatUAnywhere BBQ on Saturday, April 13, 2024, at 9:00 a.m. Mayor Tiffany stated she was excited for Trophy Club’s future as the Town moves forward with strategic planning, parks planning, Arts and Culture and more. She urged citizens to get involved by participating in upcoming surveys and focus groups and expressed the importance of community input for successful future planning of the town. Page 38 of 171 Town Council Regular Meeting Minutes-April 8, 2024 Page 3 Mayor Tiffany also reminded citizens to sign up for Trophy Club Alerts to receive important notices and information from the Town. b) Update from Town Manager Town Manager Wright provided the following updates: • Trophy Club received the Tree City USA designation, for the 20th consecutive year from the Arbor Day Foundation; and he expressed his appreciation to the Parks and Recreation Department. • Upcoming Boards and Commission Meetings/Events o April 10, 6:00 p.m., Crime Control & Prevention District Board o April 15, 6:00 p.m., Arts and Culture Ad Hoc Committee o April 15, 6:00 p.m., Parks and Recreation Board o April 18, 6:00 p.m., Economic Development Corporation Board o April 19, 8:15 p.m., Movie in the Park featuring Wonka at Harmony Park. o April 11, 6:00 p.m., Candidate forum (not sponsored nor hosted by the Town), Bara Church. c) Quick Civic Tip Town Attorney, Dean Roggia, provided an overview of Interlocal Agreements and explained Chapter 791 of the Government Code, provides that the purpose of these agreements is to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state. CONSENT AGENDA 3. Consider approval of the March 25, 2024, Town Council regular Meeting Minutes. (Tammy Dixon, Town Secretary) Councilmember Flynn moved to approve Consent Item 3. Councilmember Beach seconded the motion. VOTE ON THE MOTION AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham NAYES: None VOTE: 7-0 INDIVIDUAL ITEMS Mayor Tiffany moved to item 8. Page 39 of 171 Town Council Regular Meeting Minutes-April 8, 2024 Page 4 8. Consider an ordinance authorizing the sale and conveyance of approximately 0.05 acres of real property owned by the Town of Trophy Club in the amount of $3,444 located in the Rosalinda Allen Survey, Abstract Number 17 (along the northwest line of 2643 Highlands Court, Town of Trophy Club, Denton County, Texas), and authorizing the Town Manager to execute all documents to complete the transaction. (Matt Cox, Community Development Director) Matt Cox, Director of Community Development, gave a presentation highlighting the following: • A request was received from Deric S. Gardner, to purchase 0.05 acres of land which is located directly behind his property (2643 Highlands Court) • The Town is authorized to sell the land without publication or bidding pursuant to Government Code Section 272.001 (b) • The subject property was appraised in the amount of $3,444. • The subject property is adjacent to the Trophy Club Municipal Utility District No. 1 lift station. • The subject property is not part of a public square or park and is no longer useable or required by the Town for present or future public or municipal purposes. Mayor Pro Tem Sheridan moved to approve Ordinance 2024-04 authorizing the sale and conveyance of approximately 0.05 acres of real property owned by the Town of Trophy Club in the amount of $3,444 located in the Rosalinda Allen Survey, Abstract Number 17 (along the northwest line of 2643 Highlands Court, Town of Trophy Club, Denton County, Texas), and authorizing the Town Manager to execute all documents to complete the transaction.. Councilmember Monger seconded the motion. The caption of the ordinance reads as follows: ORDINANCE 2024-04 AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE OF APPROXIMATELY 0.05 ACRES OF REAL PROPERTY OWNED BY THE TOWN OF TROPHY CLUB, TEXAS, IN THE AMOUNT OF $3,444.00; AND LOCATED IN THE ROSALINDA ALLEN SURVEY, ABSTRACT NUMBER 17, TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS; AUTHORIZING THE TOWN MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; AND PROVIDING AN EFFECTIVE DATE. VOTE ON THE MOTION AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham NAYES: None VOTE: 7-0 Page 40 of 171 Town Council Regular Meeting Minutes-April 8, 2024 Page 5 At the request of Mayor Tiffany, pursuant to the Open Meetings Act, Chapter 551, the Town Council convened into a Closed Executive Session at 7:25 p.m. and reconvened into Regular Session at 7:55 p.m. in accordance with the Texas Government Code 551.071, Consultation with Town Attorney regarding agenda items 5, 6, and 7. No Action Taken. 5. Consider an Interlocal Cooperation Agreement with Denton County for Fire Protection Services and authorize the Town Manager to negotiate and execute the agreement on behalf of the Town. (Jason Wise, Fire Chief) Councilmember Flynn moved to approve an Interlocal Cooperation Agreement with Denton County for Fire Protection Services and authorize the Town Manager to negotiate and execute the agreement on behalf of the Town. Mayor Pro Tem Sheridan seconded the motion. VOTE ON THE MOTION AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham NAYES: None VOTE: 7-0 6. Consider an Interlocal Cooperation Agreement between the Town of Trophy Club and Denton County for Ambulance Services and authorize the Town Manager to negotiate and execute the agreement on behalf of the Town. (Jason Wise, Fire Chief) Councilmember Flynn moved to approve an Interlocal Cooperation Agreement with Denton County for Ambulance Services and authorize the Town Manager to negotiate and execute the agreement on behalf of the Town. Councilmember Bauer seconded the motion. VOTE ON THE MOTION AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham NAYES: None VOTE: 7-0 7. Consider a Fire/Arson Task Force Interlocal Agreement through the Denton County Fire Marshal's Office and authorize the Town Manager to negotiate and execute the agreement on behalf of the Town. (Jason Wise, Fire Chief) Councilmember Flynn moved to approve a Fire/Arson Task Force Interlocal Agreement through the Denton County Fire Marshal's Office and authorize the Town Manager to negotiate and execute the agreement on behalf of the Town. Councilmember Beach seconded the motion. VOTE ON THE MOTION AYES: Bauer, Flynn, Sheridan, Tiffany, Beach, Monger, Oldham NAYES: None VOTE: 7-0 Page 41 of 171 Town Council Regular Meeting Minutes-April 8, 2024 Page 6 Mayor Tiffany adjourned the Town Council meeting 7:57 p.m. ____________________________ Jeannette Tiffany, Mayor Attest: _______________________________ Tammy Dixon, Town Secretary Page 42 of 171 TOWN COUNCIL COMMUNICATION MEETING DATE: April 22, 2024 FROM: Patrick Arata, Chief of Police AGENDA ITEM: Consider a resolution authorizing the transfer of retired K-9 Officer Indy to Sergeant Barry Sullivan. (Patrick Arata, Police Chief) BACKGROUND/SUMMARY: Texas Government Code Chapter 614, Subchapter L provides for the transfer of a retired law enforcement animal, including a law enforcement dog, to the animal’s former handler at no cost. Subchapter L requires the governing body of a political subdivision to enter into an agreement for the transfer of the retired animal upon determination by the head of the law enforcement agency that the animal is suitable for transfer and that the transferee is capable of humanely caring for the animal. Sergeant Barry Sullivan has been K-9 Officer Indy's handler for 9 years. Chief Arata has determined that Indy is eligible for retirement and suitable for transfer. Chief Arata also finds that Sergeant Sullivan is capable of humanely caring for Indy and recommends that Indy's ownership be transferred to him. Approval is necessary to facilitate the formal transfer of K-9 Officer Indy to Sgt. Sullivan. The formal transfer will be conducted at a ceremony during the May 13, 2024 Town Council Meeting. BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: No costs or revenues are associated with the Town transferring Indy to Sergeant Sullivan. LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the resolution as to form and legality. ATTACHMENTS: 1. Resolution Transfer of K9- FINAL 2. Agreement for the Transfer of Law Enforcment Animals - FINAL ACTIONS/OPTIONS: Staff recommends that the Town Council move to approve the resolution authorizing the transfer of retired K-9 Officer Indy to Sergeant Barry Sullivan. Page 43 of 171 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2024-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE TRANSFER OF RETIRED K-9 OFFICER "INDY" TO SERGEANT BARRY SULLIVAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (the “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Chapter 614 of the Texas Government Code authorizes the governing body of a municipality to enter into a contract with a person for the transfer of a law enforcement canine that has been determined by the Chief of Police to be suitable for transfer in accordance with the needs of the department because the canine is at the end of its working life; and WHEREAS, the Trophy Club Chief of Police, Patrick Arata, has determined, after consultation with the canine’s veterinarian, handlers, and other caretakers, that K-9 Officer "Indy" is eligible for retirement, is suitable for transfer, is surplus to the needs of the Town, and such transfer is in the best interests of Indy and the Town; and WHEREAS, Seargent Barry Sullivan is a peace officer and is capable of humanely caring for K-9 Officer "Indy"; and WHEREAS, the Town Council has determined that the transfer of K-9 Officer "Indy" is in the best interest of the canine and of the health, safety, and welfare of the Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS THAT: SECTION 1. The Town Manager is hereby authorized and directed to negotiate and execute the Agreement attached as Exhibit “A” for the transfer of retired K-9 Officer "Indy" to Seargent Barry Sullivan without charge . SECTION 2. The meeting at which this Resolution is passed is open to the public and that public notice of the time, place, and purpose of said meeting was given as required by law. SECTION 3. This Resolution shall become effective immediately upon its date of passage. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ON THIS THE _____DAY OF ________, 2024. Page 44 of 171 RESOLUTION 2024-XX PAGE 2 ___________________________ Jeannette Tiffany, Mayor ATTEST: ___________________________ Tammy Dixon, Town Secretary APPROVED AS TO FORM: _______________________ Dean Roggia, Town Attorney Page 45 of 171 RESOLUTION 2024-XX PAGE 3 Exhibit A AGREEMENT FOR THE TRANSFER OF A LAW ENFORCEMENT ANIMAL Page 46 of 171 STATE OF TEXAS § § TOWN OF TROPHY CLUB: AGREEMENT FOR THE COUNTY OF DENTON § TRANSFER OF A LAW ENFORCEMENT ANIMAL WHEREAS, Texas Gov’t Code Ch. 614 authorizes the Town of Trophy Club, a Texas home-rule municipality (the “Town”) to contract with a person for the transfer of a law enforcement animal; and WHEREAS, the Town desires to retire and transfer a law enforcement canine named Indy, K9, ID# K9-1 (“Indy”) to the care of its handler; and WHEREAS, the Town has verified with Indy’s veterinarian, handler, and any other caretakers that Indy is suitable for transfer; and WHEREAS, the Chief of Police of the Town, or his designee, has determined that Indy is surplus to the needs of the Town because Indy has reached the end of its working life as a law enforcement animal; and WHEREAS, Sergeant Barry Sullivan (the “Transferee”) is Indy’s handler and has requested to receive Indy and the Town has determined that the Transferee is capable of humanely caring for Indy and transfer of Indy to the Transferee will serve the best interest of Indy and the Town. NOW, THEREFORE, this Agreement is hereby made and entered into by the Town and the Transferee, in accordance with the recitals above and upon and for the mutual consideration stated herein: 1. Indy, K9 ID# K9-1, a law enforcement animal, is retired from law enforcement service and transferred from the Town’s care to the care of the Transferee. 2. Transferee has sole responsibility to humanely care for the animal and provide for its health to include shelter, food, regular and appropriate veterinary care, including medication. The Town shall not compensate or provide funds for the care of the animal after transfer to the Transferee. Transferee accepts the animal in its present condition with or without knowledge of any potential medical concerns. Town has confirmed with the animal's veterinarian that the animal is suitable for transfer, however Town makes no representation as to the health of the animal. 3. Transferee shall comply with state and local laws applicable to keeping domestic animals. 4. Transferee shall notify Town if no longer able to humanely care for the animal. Transferee shall immediately return the animal to Town upon the inability to care for the animal. 5. Town shall take possession of the animal upon notification from Transferee of inability to care for the animal or upon a finding upon Town’s sole discretion that the animal is no longer being humanely cared for by Transferee. Page 47 of 171 Page 2 of 3 6. Transferee assumes full responsibility for the care and precaution of the animal with awareness of the animal’s law enforcement history and training. The parties agree the Town shall not be liable in a civil action for any damages arising from the animal’s law enforcement training. Town specifically shall not be liable for any damages in a civil action for any damages arising from the transfer, including damages from the animal’s law enforcement training. Town is not liable for veterinary expenses of the transferred animal, including expenses associated with care for a condition of the animal that existed before or at the time of the transfer, regardless of whether the applicable law enforcement agency or Town was aware of the condition. 7. Inconsideration of the receipt of a law enforcement animal at no cost, receipt of which is acknowledged, Transferee releases, acquits, and forever discharges the Town and its agents, servants, subsidiaries, affiliates, insurers, successors, legal representatives, attorneys, employees, directors, members, officers, Trophy Club Town Council, and any parent, successor or predecessor governmental entity or elected, appointed persons, firms, organizations, or governmental entities in privity with Town, whether or not named in this Agreement, from any and all claims, demands, controversies, actions and causes of action (whether arising in tort, negligence, gross negligence, contract, strict liability, breach of warranty or any other ground, whether based upon statute or the common law) of whatever nature, present and future, known and unknown, for any and all damages, actual or exemplary, of any kind or character, or any other expenses, losses or damages, which claims or such causes of action may have been held or may now or in the future be owned or held by or on behalf of Transferee, or Transferee’s successors, heirs, executors, administrators, or assigns, which in any way arise from, result from, or in any way relate to the transfer of the law enforcement animal to Transferee, including damages arising from the law enforcement animal’s training. Transferee further agrees to indemnify, defend, and hold harmless Town and any other governmental entity bound to defend or pay judgments against it, from and against any and all claims, demands or causes of action brought by any person or entity arising out of or resulting from transfer of the law enforcement animal to Transferee, including claims for contribution or indemnity, and the reasonable and necessary costs, including attorney’s fees, incurred in defense of any such claim. 8. This Agreement has been duly executed and delivered by all parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement represents and warrants that they have full right and authority to enter into this Agreement. 9. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. 10. APPLICABLE LAW. The substantive laws of the State of Texas (and not its conflicts of law principles) govern all matters arising out of, or relating to, this Agreement and all of the transactions it contemplates, including without limitation its validity, interpretation, construction, performance, and enforcement. Mandatory and exclusive venue for any action arising out of, or relating to, this Agreement must be in a court of competent jurisdiction in Denton County, Texas. 11. THIS AGREEMENT IS EXECUTED IN THE PERFORMANCE OF THE TOWN’S GOVERNMENTAL FUNCTIONS AND THE TOWN DOES NOT WAIVE SOVEREIGN OR GOVERNMENTAL IMMUNITY FROM SUIT OR LIABILITY. Page 48 of 171 Page 3 of 3 12. SEVERABILITY. In the event that one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the Agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. 13. NOTIFICATION. Any and all notices which may be required under the terms of the Agreement shall be delivered by registered or certified United States mail or by a recognized commercial carrier or delivery to: If to Town of Trophy Club: Name: Trophy Club Town Manager Address: 1 Trophy Wood Drive Trophy Club, Texas 76262 If to Transferee: Name: Sergeant Barry Sullivan Address: 14. This Agreement takes effect upon date of last signature and shall be in effect indefinitely subject to the terms and conditions of this Agreement. IN WITNESS WHEREOF, the Parties hereto have accepted the terms and conditions of this Agreement and caused this Agreement to be executed as of the dates set forth below. TOWN OF TROPHY CLUB: By:______________________________ Date:____________________ Brandon Wright, Town Manager ATTEST By:______________________________ Tammy Dixon, Town Secretary TRANSFEREE: By:______________________________ Date:____________________ Sergeant Barry Sullivan Page 49 of 171 TOWN COUNCIL COMMUNICATION MEETING DATE: April 22, 2024 FROM: Patrick Arata, Chief of Police Jason Wise, Fire Chief AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute an Interlocal Cooperative Agreement with Denton County for the Shared Governance Communications & Dispatch Services System for Police and Fire. (Partick Arata, Police Chief & Jason Wise, Fire Chief) BACKGROUND/SUMMARY: The Town of Trophy Club utilizes a combined communications and dispatch services system that is managed and operated by Denton County. The Denton County Sheriff's Office establishes an Advisory Board for the Shared Governance and Dispatch System made up of the chief of each agency, or that chief's designee. This board advises and makes recommendations on matters pertaining to the Communications Center. This Interlocal Cooperation Agreement outlines the responsibilities of all parties related to the shared use of the communications and dispatch services system as well as user fees paid by the Town of Trophy Club. Under the agreement, the Town of Trophy Club pays a total annual amount of $56,813, of which $46,365 is related to the police department and $10,448 is related to the fire department. The term of this agreement is from October 1, 2024 through September 30, 2025. BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: The Town of Trophy Club will pay $56,813 for communications and dispatch services through Denton County in FY 2025. Funding is budgeted for in the Police and Fire/EMS Department's General Fund Budget. LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the agreement as to form and legality. ATTACHMENTS: 1. 2024-25 Trophy Club FD PD Communications Contract WITH Exhibits ACTIONS/OPTIONS: Staff recommends that the Town Council move to authorize the Town Manager to negotiate and execute an Interlocal Cooperative Agreement with Denton County for the Shared Governance Communications & Dispatch Services System for Police and Fire. Page 50 of 171 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2024-25 Page 1 STATE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR SHARED GOVERNANCE COMMUNICATIONS & DISPATCH SERVICES SYSTEM This Interlocal Cooperation Agreement for Shared Governance Communications and Dispatch Services System, hereinafter referred to as "Agreement", is made by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as the “County”, and Name of Agency: Town of Trophy Club Fire & Police Departments hereinafter referred to as “Agency”. WHEREAS, the County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, the Agency is duly organized and operating under the laws of the State of Texas engaged in the provision of municipal government and/or related services for the benefit of the citizens of Agency; and WHEREAS, parties agree that the utilization of combined communications and dispatch services system will be in the best interests of both the County and the Agency, WHEREAS, the County and the Agency mutually desire to be subject to the provisions of the Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and NOW THEREFORE, the County and the Agency, for the mutual consideration hereinafter stated, agree and understand as follows: 1. PURPOSE. The Denton County Sheriff (“Sheriff”) has the facilities to provide emergency telecommunications and dispatch services throughout Denton County. The Agency wishes to utilize the Sheriff’s available telecommunications and dispatch services (“Services”) during the term of this agreement. 2. ADVISORY BOARD. The Denton County Sheriff’s Office will establish an Advisory Board for the Shared Governance Communication and Dispatch System “Advisory Board”. The membership of the board shall be the Chief of each Agency, or designee. The Advisory Board may advise and make recommendations to the Sheriff and the Sheriff’s Office on matters relating to the Communications Center, as well as the recommendations for the Annual Agency Workload and Cost Statistics, within the limitations set forth in paragraph 6.1, herein. 3. TERM OF AGREEMENT. The initial term of this Agreement shall be for a one-year period beginning October 1, 2024 and ending on September 30, 2025. 4. TERMINATION OF AGREEMENT. Either party may terminate this agreement, with or without cause, after providing ninety (90) days written notice to the other party. Page 51 of 171 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2024-25 Page 2 5. ANNUAL SERVICE FEE. Each Agency shall pay to the County a fee for services based on the workload generated by the Agency. 5.1. Agency shall pay to County the Total Amount on Exhibit “A”. 5.2. The Agency shall complete Exhibit “A”, Agency Payment Worksheet, to identify the payment terms preferred by Agency. Agency is responsible for sending payments to County 5.3. The fee for service will be based on the pro rata share of the workload generated by the Agency. 5.4. County agrees to provide Agency a proposed service fees for the next budget/fiscal year as agreed by the parties. 5.5 If this Agreement is terminated prior to the expiration of the term of the Agreement, payment shall be pro-rated by written agreement between the parties. 5.6 Dispatch costs for the upcoming fiscal year are calculated utilizing 50% of the approved Communications Budget for the current fiscal year and agency workload statistics from the previous fiscal year. Agency workload percentages are calculated by: 5.6.1. Determining the agency’s percentage of total Calls For Service (CFS) 5.6.2 Determining the agency’s percentage of total Officer Initiated Activity (OIA) 5.6.3 Averaging the values from # 5.6.1 & # 5.6.2 5.6.4 Determining the percentage of OIA that is Mobile Data Computer (MDC) activity 5.6.5 Determining agency OIA that is not MDC Activity 5.6.6 Determining adjusted percentage of OIA that is MDC activity by dividing value of # 5.6.5 by total OIA 5.6.7 Determining agency CFS that are public requests by subtracting agency assists or mutual aid calls from the agency’s CFS 5.6.8 Determining adjusted percentage of total CFS that are public requests by dividing value of # 5.6.7 by total CFS 5.6.9 Determining agency workload percentage by calculating average of # 5.6.6 and # 5.6.8 5.6.10 Determining agency final cost by workload by multiplying value of # 5.6.9 against 50% of the approved Communications budget 6. COUNTY SERVICES AND RESPONSIBILITIES. The County agrees to provide the following services and responsibilities: 6.1 The Sheriff shall have the sole discretion as to the method of providing the Services including, but not limited to the order of response to calls, and shall be the sole judge as to the most expeditious and effective manner of handling and responding to calls for service or the rendering thereof. The Sheriff shall have the sole discretion as to the method and final decision regarding the annual workload and cost statistics. The Sheriff will devote sufficient time to insure the performance of all duties and obligations set forth herein. 6.2 County shall furnish full-time communications services including a twenty-four (24) hours a day, seven (7) days a week public safety answering point, radio services, dispatching services, or law enforcement transmission originating from AGENCY requesting law enforcement and fire Page 52 of 171 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2024-25 Page 3 protection services and access to local, regional, state, and national data bases and telecommunications systems. 6.3 The services provided by County include the following: 6.3.1 twenty-four (24) hours a day, seven (7) days a week public safety answering point; 6.3.2. receiving emergency and routine calls for law enforcement, fire, and medical services; 6.3.3 directing a response to said calls by dispatching the appropriate law enforcement, fire, and medical services; 6.3.4. providing on-going communication support to the emergency personnel in the field; and 6.3.5 updating, maintaining, and managing the County owned radio communications system, computer systems, support files, and resource materials necessary to accomplish the above. 6.4 County may add new Agencies not currently served by Denton County at the discretion of Denton County and the Denton County Sheriff’s Office. 7.AGENCY RESPONSIBILITIES. The Agency agrees to the following responsibilities: 7.1 Providing accurate current GIS data of the corporate limits and extraterritorial jurisdiction of the Agency. 7.2 Furnish County with a current list of all Officers and Reserves authorized by Agency to use the communications system. 7.3 Agency is responsible for the costs and upgrades associated with maintaining Agency’s communication equipment. 7.4 Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes 7.5 Adherence to all Sheriff’s Office communications rules and regulations. 7.6 Agency agrees to provide all necessary and required TLETS paperwork. See Exhibit “B”. 7.7 Appoint representative and agree to participate in the Advisory Board. 7.8 Agency is responsible for sending payments to County as more fully described in Exhibit “A” to this Agreement. 8.AGREEMENT. The parties acknowledge they have read and understand and intend to be bound by the terms and conditions of this Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof. No prior understandings, whether verbal or written, between the parties or their agents are enforceable unless included in writing in this agreement. This Agreement may be amended only by written instrument signed by both parties. 9.AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to insure the performance of all duties and obligations of the parties. The Liaison for each party shall devote sufficient time and attention to the execution of said duties on behalf of the Party to ensure full compliance with the terms and conditions of this Agreement. Page 53 of 171 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2024-25 Page 4 10.ASSIGNMENT. Neither party shall assign, transfer, or sub-contract any of its rights, burdens, duties, or obligations under this Agreement without the prior written permission of the other party to this Agreement. 11.AGENCY LIABILITY. The Agency understands and agrees that the Agency, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the County. The Agency shall not be required to indemnify nor defend County for any liability arising out of the wrongful acts of employees or agents of County to the extent allowed by Texas law. 12.COUNTY LIABILITY. The County understands and agrees that the County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the Agency. The County shall not be required to indemnify nor defend Agency for any liability arising out of the wrongful acts of employees or agents of Agency to the extent allowed by Texas law. 13.DISPUTES/RECOURSE. County and Agency agree that any disputes or disagreements that may arise which are not resolved at the staff level by the parties should be referred to the Appointed Liaisons for each entity. Any further disputes arising from the failure of either Agency or County to perform and/or agree on proportionate reduction in fees shall be submitted to mediation, with the parties splitting the mediation fees equally. It is further agreed and understood that the scope of matters to be submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency of performance and duty to pay or entitlement, if any, to any reduced fee or compensation. Any other disputes or conflicts involving damages or claimed remedies outside the scope of sufficiency of performance and compensation adjustment shall be referred to a court of competent jurisdiction in Denton County, Texas. 14.EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the following Exhibits, which are hereby incorporated by reference. Exhibit A Agency Payment Worksheet Exhibit B TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (TLETS) NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 15.MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Page 54 of 171 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2024-25 Page 5 16.NOTICES. All notices, demands or other writings may be delivered by either party by U.S. First Class Mail or by other reliable courier to the parties at the following addresses: County: 1 Denton County Judge Denton County Commissioners Court 1 Courthouse Drive, Ste 3100 Denton, Texas 76208 2 Denton County Sheriff Denton County Sheriff’s Office 127 N. Woodrow Lane Denton, Texas 76205 3 Assistant District Attorney Counsel to the Sheriff 127 N. Woodrow Lane Denton, Texas 76205 Name of Agency: Town of Trophy Club Fire & Police Departments Contact Person Brandon Wright, Town Manager Address 1 Trophy Wood Dr. City, State, Zip Trophy Club, TX 76262 Telephone 682-237-2900 Email bwright@trophyclub.org 17.SEVERABILITY. The validity of this Agreement and/or any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performed and all compensation payable in Denton County, Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 18.THIRD PARTY. This Agreement is made for the express purpose of providing communications and dispatch services, which both parties recognize to be a governmental function. Except as provided in this Agreement, neither party assumes any liability beyond that provided by law. This Agreement is not intended to create any liability for the benefit of third parties. 19.VENUE. This agreement will be governed and construed according to the laws of the State of Texas. This agreement shall be performed in Denton County, Texas. 20.WAIVER. The failure of County or Agency to insist upon the performance of any term or provision of this Agreement or to exercise or enforce any right herein conferred, or the waiver of a breach of any provision of this Agreement by either party, shall not be construed as a waiver or relinquishment to any extent of either party’s right to assert or rely upon any such term or right, or future breach of such provision, on any future occasion. 21.AUTHORIZED OFFICIALS. Each party has the full power and authority to enter into and perform this Agreement. The persons executing this Agreement represent they have been properly authorized to sign on behalf of their governmental entity. Page 55 of 171 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2024-25 Page 6 22.CURRENT FUNDS. All payments made by Agency to County pursuant to this Agreement shall be from current revenues available to Agency. 23.DISPATCH & COMMUNICATION RECORDS. The parties acknowledge that the Denton County Sheriff’s Office may release dispatch and communication records of Agency pursuant to the Texas Public Information Act until such a time that the parties agree to transfer such responsibility to Agency. DENTON COUNTY, TEXAS AGENCY ________________________________________ Andy Eads, County Judge Denton County Commissioners Court 1 Courthouse Drive, Ste 3100 Denton, Texas 76208 (940)349-2820 _____________________________________ _ Brandon Wright, Town Manager Town of Trophy Club 1 Trophy Wood Dr. Trophy Club, TX 76262 682-237-2900 EXECUTED duplicate originals on this Date:________________________ EXECUTED duplicate originals on this Date:___________________________ Approved as to content: _____________________________ Denton County Sheriff’s Office Approved as to content: _____________________________ Jason Wise, Fire Chief _____________________________ Patrick Arata, Police Chief Approved as to form: _____________________________ Assistant District Attorney Counsel to the Sheriff Approved as to form: _______________________________ Attorney for Agency Page 56 of 171 Exhibit A 2024-25 Budget Year Denton County Sheriff’s Office 911 Dispatch Agreement Agency Payment Worksheet / Invoice Agency: Town of Trophy Club Fire & Police Departments Payment Contact Person: Chief Arata, Chief Wise and/or April Duvall Phone Number: 682-237-2900 Email(s): parata@trophyclub.org jwise@trophyclub.org or aduvall@trophyclub.org Address: 1 Trophy Wood Dr. City, State, Zip Trophy Club, TX 76262 AGENCY TOTAL AMOUNT DUE $46,365.00 (PD) $10,448.00 (FD) $56,813.00 Total Agency Should Include this Worksheet with Each Payment Sent to Denton County. Make checks payable to: Denton County Mail payments to: 911 Dispatch Agreement Payments Denton County Sheriff’s Office Attn: Sherry Cochran 127 N. Woodrow Lane Denton, Texas 76205 Payment Plan Options Agency MUST Select One Payment Option 1 One Annual Payment (100%) 2 Two Payments (50%) 3 Four Payments (25%) 4 Twelve Monthly Payments 5 Other Payment Option Page 57 of 171 Exhibit B TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (TLETS) NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 2024-2025 Twenty-Four Hour Terminal Agency DENTON COUNTY SHERIFF’S OFFICE Non Twenty-Four Hour Terminal Agency Trophy Club Police Department This document constitutes an agreement between the following parties: The Twenty-Four Hour Terminal Agency agrees to make entries into the Texas Crime Information Center (TCIC) and the National Crime Information Center (NCIC) computers for the Non Twenty-Four Hour Terminal Agency. All records must be entered with the Twenty-Four Hour Agency’s ORI, and all case reports and original warrants must be held at the Twenty-Four Hour Agency for hit confirmation purposes. The Non Twenty-Four Hour Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. The Twenty-Four Hour Agency reserves the right to suspend service to the Non Twenty-Four Hour Agency which may include canceling of records entered for the Non Twenty-Four Hour Agency when applicable policies are violated. The Twenty-Four Hour Agency may reinstate service following such instances upon receipt of satisfactory assurances that such violations have been corrected. In order to comply with NCIC policies established by the NCIC Advisory Policy Board, the Non Twenty-Four Hour Agency agrees to maintain accurate records of all TCIC/NCIC entries made through the Twenty-Four Hour Agency and to immediately notify the Twenty-Four Hour Agency of any changes in the status of those reports to include the need for cancellation, addition, deletion or modification of information. The Twenty-Four Hour Agency agrees to enter, update and remove all records for the Non Twenty-Four Hour Agency on a timely basis, as defined by NCIC. In order to comply with NCIC Validation requirements, the Non Twenty-Four Hour Agency agrees to perform all validation procedures as required by NCIC on all records entered through the Twenty-Four Hour Agency. Either the Twenty-Four Hour Agency or the Non Twenty-Four Hour Agency may, upon thirty days written notice, discontinue this agreement. To the extent allowed by the laws of the State of Texas, the Non Twenty-Four Hour Agency agrees to indemnify and save harmless the Twenty-Four Hour Agency as well as the DPS, its Director and employees from and against all claims, demands, actions and suits, including but not limited to any liability for damages by reason of or arising out of any false arrests or imprisonment or any cause of the Non Twenty-Four Hour Agency or its employees in the exercise of the enjoyment of this Agreement. In witness whereof, the parties hereto caused this agreement to be executed by the proper officers and officials. DENTON COUNTY SHERIFF’S OFFICE AGENCY Signature: Signature: By: Tracy Murphree By: Patrick Arata Title: Denton County Sheriff Title: Police Chief Date: ________________________________ Date: Page 58 of 171 TOWN COUNCIL COMMUNICATION MEETING DATE: April 22, 2024 FROM: Matt Cox, Director of Community Development AGENDA ITEM: Conduct a public hearing and consider an ordinance granting a Specific Use Permit authorizing alcohol beverage sales for on-premise consumption in conjunction with a restaurant use at Thai Taste Restaurant located at 2300 E Highway 114, #600 and approximately 230 feet of SH 114. (Matt Cox, Community Development Director) BACKGROUND/SUMMARY: Thai Taste Restaurant is requesting approval of a Specific Use Permit (SUP) for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use according to Section 14.02.252 of the Town’s Code of Ordinances. The property’s zoning of Planned Development 30 (PD-30) has no further restrictions for the sale of alcoholic beverages beyond the regulations of the Town Code and State Law. As shown in Exhibit A, Thai Taste is applying for a Specific Use Permit to obtain a Mixed Beverage Restaurant Permit (RM) and a Mixed Beverage Late Hours Permit (LB) that will allow for the sale and consumption of wine, beer, and liquor on the premises to include during late hours (12 midnight – 2 AM). The Town Code does not restrict hours of operation beyond TABC’s regulations. Section 14.02.252(b) of the Code of Ordinances states that no alcoholic beverages may be sold within 300 feet of a church, public school or private school, or public hospital. Subsection (g) describes the methods of measurement as front door to front door and along street front property lines when measuring to churches and public hospitals, and in a direct line from nearest property line to property line when measuring to public schools and private schools. Thai Taste Restaurant complies with Town and State requirements, as the closest church (Fellowship United Methodist Church) is approximately 1,205 feet away, the closest public school (Lakeview Elementary School) is approximately 1.25 miles away, and the closest private school (Primrose School of Westlake at Entrada) is approximately 3,400 feet away. The nearby Baylor Scott & White Medical Center – Trophy Club is a private hospital so there are no separation requirements. Parking needs have been addressed by the required on-site parking spaces. The Chief of Police has reviewed this application, as required by Code, and does not have any objections. A notice of a public hearing was distributed as required by State Law. To date, staff has not received any inquiries. Page 59 of 171 BOARD REVIEW/CITIZEN FEEDBACK: The Planning & Zoning Commission reviewed the SUP application at their April 4, 2024 meeting and unanimously recommended the item for approval (4-0). FISCAL IMPACT: N/A LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the ordinance as to form and legality. ATTACHMENTS: 1. Application 2. Arial Map 3. ORD 2024-XX Thai Taste Alcohol. Clean ACTIONS/OPTIONS: Staff recommends that the Town Council conduct the public hearing and move to approve the ordinance granting a Specific Use Permit authorizing alcohol beverage sales for on-premise consumption in conjunction with a restaurant use at Thai Taste Restaurant located at 2300 E Highway 114, #600 and approximately 230 feet of SH 114. Page 60 of 171 Page 61 of 171 Page 62 of 171 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2024-XX AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR ALCOHOLIC BEVERAGE SALES FOR ON-PREMISES CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE OPERATED BY THAI TASTE RESTAURANT, 2300 E SH 114 #600 OF TC TOWN CENTER, WITHIN PD PLANNED DEVELOPMENT NO. 30; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Town Council is authorized and empowered by law, in accordance with Chapter 211 of the Texas Local Government Code, to regulate land use, and property development within the Town for the public health, safety, and general welfare; and WHEREAS, the applicant seeks to sell alcoholic beverages, including beer and wine, for on-premises consumption in conjunction with a restaurant use operated by Thai Taste Restaurant, located at 2300 E SH 114 #600 of TC Town Center; and WHEREAS, the Town Council has previously adopted regulations governing the permitting and sale of alcoholic beverages in the Town; and WHEREAS, after public notices were given in compliance with State law and a public hearing was conducted, and after considering the information submitted at the public hearing and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town and of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Page 63 of 171 ORDINANCE NO.2024-XX PAGE 2 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. APPLICABLE REGULATIONS, DISCONTINUATION, AND REVOCATION In all respects, the land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, including without limitation regulations governing PD Planned Development No. 30 and all amendments thereto. The Specific Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or PD Planned Development No. 30 and/or the Comprehensive Zoning Ordinance. The Specific Use Permit granted hereby shall discontinue if the use for which this Specific Use Permit is granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. Further, this Specific Use Permit shall be subject to revocation in accordance with the Code of Ordinances, Town of Trophy Club, Texas. SECTION 3. CUMULATIVE This Ordinance shall be cumulative of all other provisions of ordinances of the Town, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. SAVINGS All rights and remedies of the Town are expressly saved as to any and all violations of the provisions of any other ordinance affecting the subject matter of this Ordinance within the Town which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts. SECTION 5. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the Page 64 of 171 ORDINANCE NO.2024-XX PAGE 3 validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the caption and penalty clause of this Ordinance as required by Section 3.16 of the Town’s Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 22nd day of April 2024. Jeannette Tiffany, Mayor ATTEST: Tammy Dixon, Town Secretary APPROVED AS TO FORM: Dean Roggia, Town Attorney Page 65 of 171 ORDINANCE NO.2024-XX PAGE 4 Page 66 of 171 TOWN COUNCIL COMMUNICATION MEETING DATE: April 22, 2024 FROM: Matt Cox, Director of Community Development AGENDA ITEM: Conduct a public hearing and consider an ordinance amending Planned Development 30 (PD-30) to allow for a modification to the development standards and design of drive-thru facilities on Lot 1, Black A, of Trophy Club Town Center Addition, C. Medlin Survey, Abstract No. 823, Denton County, Texas. The applicant is TC Town Center 1 LP, and the property is generally located at the northeast corner of Trophy Club Drive and SH 114 in the Town of Trophy Club, Denton County, Texas. Denton County Parcel ID 726655 (Matt Cox, Community Development Director) BACKGROUND/SUMMARY: TC Town Center 1, LP is requesting an amendment to Planned Development 30 (PD-30) to allow for a revision of the Development Standards to permit for a Quick Service Restaurant (QSR) without an escape lane. A QSR in PD-30 requires an escape lane parallel to the drive-thru lane from the beginning of the drive-thru lane to the service station. Reference Figure 1 for the site location. Figure 1 Site Location Page 67 of 171 A QSR is defined in PD-30 as “…a restaurant that specializes in providing a full meal in a few minutes. Such meals often consist of a permutation of hamburger or chicken, french fries, and a soft drink or a milkshake.” In addition to dine-in services, the intended restaurant user for this specific location does not provide for ordering at an ordering station at the beginning of the drive-thru or at the pick-up window. Take-away orders to be picked up through the drive- thru must be placed via website or the restaurant's app. The applicant believes the pick-up process does not require an escape lane. This emerging concept, of ordering remotely and the drive-thru lane being pick-up only, is being developed in many cities without escape lanes and has proven efficient. The most recent Site Plan for PD-30 from 2016 illustrates a drive-thru facility at this location and is included as an attachment in this report. PD-30 provides for staff approval of Preliminary Site Plans, Modified Site Preliminary Site Plans, Site Plans, and Building Elevations if they comply with the standards set forth in the PD District (III. Procedures). Public Hearing Requirements Notice of public hearings were distributed as required by State Law and the Town of Trophy Club Zoning Ordinance. To date, the staff has not received any inquiries. BOARD REVIEW/CITIZEN FEEDBACK: The Planning & Zoning Commission reviewed the Planned Development 30 application at their April 4, 2024 meeting and unanimously (4-0) recommended the item for approval. FISCAL IMPACT: N/A LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the ordinance as to form and legality. ATTACHMENTS: 1. Exhibit A - Proposed Amended Site Plan 2. Color Renderings 3. Preliminary Site Plan 3.29.16 4. ORD 2024-00 P&Z Amend PD-30 Escape Lane-DR ACTIONS/OPTIONS: Staff recommends that the Town Council conduct the public hearing and move to approve the ordinance amending Planned Development 30 (PD-30) to allow for a modification to the development standards and design of drive-thru facilities on Lot 1, Black A, of Trophy Club Town Center Addition, C. Medlin Survey, Abstract No. 823, Denton County, Texas. Page 68 of 171 c 2024FOR CITY REVIEW ONLYNOT FOR PERMITNOT FOR CONSTRUCTIONT R O P H Y C L U B , T E X A S 7 6 2 6 2 NEW SHELL BUILDING AT T r o p h y C l u b T o w n C e n t e r 3.28.2024 D a l l a s , T e x a s 2 1 4 .2 9 8 .5 0 9 8 AS100 A M E N D E D S I T E P L A N L O T 1 , B L O C K A T R O P H Y C L U B T O W N CENTER SITE PLAN011"=30'-0" N BUILDING A1 (PROPOSED) BUILDING A2 (EXISTING) RETAIL / OFFICE SHELL TOTAL BUILDING SQUARE FOOTAGE= 11,062 S.F. BUILDING A3 (EXISTING) RETAIL / OFFICE SHELL TOTAL BUILDING SQUARE FOOTAGE= 5,718 S.F. BUILDING A4 (EXISTING) RETAIL / OFFICE SHELL TOTAL BUILDING SQUARE FOOTAGE= 8,124 S.F. BUILDING A5 (EXISTING) RETAIL / OFFICE SHELL TOTAL BUILDING SQUARE FOOTAGE= 8,217 S.F.BUILDING A6 (EXISTING) RETAIL / OFFICE SHELL TOTAL BUILDING SQUARE FOOTAGE= 14,335 S.F. SHELL FOR QUICK SERVICE RESTAURANT TOTAL BUILDING SQUARE FOOTAGE= 2,408 S.F. SITE DATA LOT 1, BLOCK A ZONING: PD 30 - MIXED USE LOT AREA: 296,340 S.F. EXISTING BUILDING AREA: 47,456 S.F. PROPOSED NEW BUILDING AREA: 2,408 S.F. TOTAL BUILDING AREA: 49,864 S.F. LOT COVERAGE: 16.83% FLOOR AREA RATIO: 0.168 IMPERVIOUS AREA 208,801 S.F. / 70.46% PARKING REQUIRED 1 SPACE PER 275 S.F. 49,864 / 275 = 182 SPACES EXISTING PARKING PROVIDED:242 SPACES HANDICAP PARKING REQUIRED 5 STANDARD + 2 VAN HANDICAP PARKING PROVIDED 6 STANDARD + 6 VAN 7 EXISTING SPACES 8 EXISTING SPACES 7 EXISTING SPACES 7 EXISTING SPACES 6 EXISTING SPACES 5 EXISTING SPACES 7 EXISTING SPACES 7 EXISTING SPACES 6 EXISTING SPACES 11 EXISTING SPACES 11 EXISTING SPACES 11 EXISTING SPACES 5 EXISTING SPACES 9 EXISTING SPACES 10 EXISTING SPACES 15 EXISTING SPACES 19 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 5 EXISTING SPACES 5 EXISTING SPACES 2 EXISTING SPACES 2 EXISTING SPACES 1 NEW SPACE 11 NEW SPACES 7 EXISTING SPACES 6 EXISTING SPACES 6 EXISTING SPACES 6 NEW SPACES NEW PARKING PROVIDED:18 SPACES TOTAL PARKING PROVIDED:260 SPACES S T A T E H I G H W A Y N O . 1 1 4T R O P H Y C L U B D R I V EPROPERTY LINE: 326.99'PROPERTY LINE: 204.74'PROPERTY LINE: 98.84'PROPERTY LINE: 203.57'PR O P E R T Y L I N E : 5 4 0 . 2 5 ' PRO P ER T Y L IN E : 5 7 . 8 9 'PROPERTY LINE: 90.04'109'-4 7/16"98'-3 11/16" 1-STORY 1-STORY 1-STORY 1-STORY 1-STORY EXISTING STREET TREES TO REMAIN, TYP.EXISTING STREET TREES TO REMAIN, TYP.6 3 4 6 3 4 63 4634 634633633 6336 3 3635 635636 635635 636 634EXISTING CLOCK TOWER EXISTING STOP SIGN TO REMAIN EXISTING STOP SIGN TO REMAIN EXISTING STOP SIGN TO REMAIN EXISTING STOP SIGN TO REMAIN EXISTING STOP SIGN TO REMAIN EXISTING LANDSCAPE / PARK EXISTING SIDEWALK TO REMAIN EXISTING LANDSCAPE / PARK FUTURE DEVELOPMENT 1-STORY 4,400 S.F. EXISTING STOP SIGN TO REMAIN OPEN SPACE 122,915 S.F. / 41% REQUIRED: 15% MINIMUM 0 15 30 60 Page 69 of 171 c 2024FOR CITY REVIEW ONLYNOT FOR PERMITNOT FOR CONSTRUCTIONT R O P H Y C L U B , T E X A S 7 6 2 6 2 NEW SHELL BUILDING AT T r o p h y C l u b T o w n C e n t e r SCHEMATIC DESIGN 3.28.2024 D a l l a s , T e x a s 2 1 4 .2 9 8 .5 0 9 8 AS101 S I T E P L A N ENLARGED SITE PLAN011"=10'-0" 11 NEW PARKING SPACES NEW TREE NEW PATIO EXISTING PARKING EXISTING PARKINGEXISTING PARKING(2) EXISTINGPARKINGSPACESNEW SIDEWALK NEW TREEEXISTING PARKINGEXISTING PARKING EXISTING PARKINGEXISTING PARKINGNEW TREE NEW SIDEWALKEX I S T I N G P A R K I N G WATER METER TELEPHONE PEDESTAL NEW CURB RAMP FIRE HYDRANT NEW DRIVENEW TREE (2) N E W P A R K I N G (4) N E W P A R K I N G NEW DUMPSTER ENCLOSURE NEW TREE NEW SI D E W A L K NEW SIDEWALKEXISTING 24' FIRE LANE TO REMAINEXISTING 24' FIRE LANE TO REMAINEXISTING 24' FIRE LANE TO REMAIN EXISTING 24' FIRE LANE TO REMAIN EXISTIN G 2 4 ' F I R E L A N E T O R E M A I N EX I S T I N G 2 4 ' F I R E L A N E T O R E M A I N EX I S T I N G 2 4 ' F I R E L A N E T O R E M A I N EXISTING 2 4 ' F I R E L A N E T O R E M A I N (1) NEW PARKING SPACE(2) EXISTINGPARKINGSPACESN 8'H MASONRY WALL TO MATCH EXISTING EXISTING DUMPSTER ENCLOSURE EXISTING TRANSFORMER FUTURE DEVELOPMENT 1-STORY 4,400 S.F. SHELL FOR QUICK SERVICE RESTAURANT TOTAL BUILDING SQUARE FOOTAGE= 2,408 S.F. 1-STORY BUILDING A1 (PROPOSED) 0 5 10 20 CLEARANCE SIGN LANDSCAPINGLANDSCAPINGPage 70 of 171 Page 71 of 171 Page 72 of 171 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2024-XX P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SUBSECTION J “DESIGN OF DRIVE-THRU FACILITIES” OF SUBSECTION 2 “TREE PRESERVATION AND OPEN SPACE” OF SUBSECTION B “SITE DEVELOPMENT” OF SECTION II “DEVELOPMENT STANDARDS” OF EXHIBIT B “PLANNED DEVELOPMENT DISTRICT STANDARDS (PD NO. 30)” OF ORDINANCE NO. 2012-04 P&Z, AS AMENDED BY ORDINANCE NOS. 2014-06 AND 2016-11; AMENDING ORDINANCE NO. 2000-06 THE COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club ( “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the Town previously adopted Ordinance No. 2012-04 P&Z creating the PD Planned Development 30 district (“PD-30”), which was amended by Ordinance Nos. 2014-06 and 2016-11; and WHEREAS, Exhibit “B” “Planned Development District Development Standards” to Ordinance No. 2012-04 P&Z sets forth definitions, development standards, procedures and exhibits, each of which collectively and individually regulate the use and development of land within PD-30; and WHEREAS, the property owner of 2200 SH 114, Lot 1, Block A of Trophy Club Town Center Addition, C. Medlin Survey, Abstract No. 823, Denton County, Town of Trophy Club, Texas, has requested an amendment to Exhibit “B” as it relates to that property and the escape lane requirements of PD-30, and the Town Council desires to further amend Exhibit “B” as specifically set forth herein; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of this Ordinance; and Page 73 of 171 ORD 2024-XX P&Z Page 2 of 7 WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at a public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town and of the public health, safety, and welfare; and WHEREAS, the Town Council has determined that the proposed standards provide appropriate regulatory requirements to control future residential and non- residential developments in accordance with the Town’s Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Section II.B.2.j.iv. of Exhibit “B” of Ordinance No. 2012-04 P&Z as amended by Ordinance Nos. 2014-06 and 2016-11, PD-30, is hereby amended to read as follows and as more fully set forth in Exhibit “B”, attached hereto and incorporated herein. “iv. An escape lane shall be provided parallel to the drive-thru lane extending from the beginning of the drive-thru lane to the serving station. An escape lane shall not be required for a pick-up service only restaurant (no ordering occurs in the drive-thru lane) for 2200 SH 114, Lot 1, Block A of Trophy Club Town Center Addition, C. Medlin Survey, Abstract No. 823, Denton County, Town of Trophy Club, Texas.” 2.02 Amendment to CZO – Exhibit “B” Development Standards: Ordinance No. 2000-06 P&Z, the Comprehensive Zoning Ordinance, is hereby amended to reflect the development standards set forth in Exhibit “B” and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended, but are hereby ratified and affirmed: The development standards for this PD Planned Development are attached hereto as Exhibit “B”, “Planned Development District Development Standards”, and are incorporated herein as if copied in their entirety. Such standards and regulations include, but are not limited to, General Conditions, Development Standards, Procedures, and Exhibits. Such Planned Development District Development Standards as amended hereby shall be adhered to in carrying out the development of the Land in accordance with this Ordinance, and shall individually and collectively constitute conditions precedent Page 74 of 171 ORD 2024-XX P&Z Page 3 of 7 to the granting of any building permit or Certificate of Occupancy for all structures and Land within PD Planned Development No. 30. SECTION 3. APPLICABLE REGULATIONS In all respects, the land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. ZONING MAP AMENDMENT The Planning and Zoning Coordinator is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION 5. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other provisions of ordinances of the Town, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6. SAVINGS All rights and remedies of the Town are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning, platting, and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Page 75 of 171 ORD 2024-XX P&Z Page 4 of 7 SECTION 8. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 9. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the caption and penalty clause of this Ordinance as required by Section 3.16 of the Town’s Charter. SECTION 10. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this 22nd day of April, 2024 Jeanette Tiffany, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Tammy Dixon, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Page 76 of 171 ORD 2024-XX P&Z Page 5 of 7 Dean Roggia, Town Attorney Town of Trophy Club, Texas Page 77 of 171 ORD 2024-XX P&Z Page 6 of 7 EXHIBIT “A” The subject property is legally described as Lot 1, Block A, Trophy Club Town Center Addition, C. Medlin Survey, Abstract No. 823, Denton County, Town of Trophy Club, Texas. The property is addressed as 2200 SH 114, Trophy Club, Texas 76262. Page 78 of 171 ORD 2024-XX P&Z Page 7 of 7 EXHIBIT “B” (Only available as a pdf) Page 79 of 171 TOWN COUNCIL COMMUNICATION MEETING DATE: April 22, 2024 FROM: Matt Cox, Director of Community Development AGENDA ITEM: Conduct a public hearing and consider an ordinance granting a Specific Use Permit for a Quick Service Restaurant in an approximate 2,500 square foot proposed structure on Lot 1, Block A, of Trophy Club Town Center Addition, C. Medlin Survey, Abstract No. 823, Denton County, Texas. The applicant is TC Town Center 1 LP, and the property is generally located at the northeast corner of Trophy Club Drive and SH 114 in the Town of Trophy Club, Denton County, Texas. Denton County Parcel ID 726655 (Matt Cox, Community Development Director) BACKGROUND/SUMMARY: TC Town Center 1, LP is requesting a Specific Use Permit (SUP) to allow for a Quick Service Restaurant (QSR) at 2200 SH 114 in approximately 2,500 square feet. Planned Development 30 (PD-30) development standards require QSR’s to apply for an SUP, and the application is to be processed according to the Town’s SUP regulations within 45 days of submission. Reference Figure 1 for the site location. Figure 1 Site Location Page 80 of 171 The SUP for a QSR at this location is dependent upon review and approval of the PD-30 Amendment to allow for the use without an escape lane at the drive-thru. The following items are outlined for consideration of a Specific Use Permit application: “In considering an application for a specific use permit, the planning and zoning commission and the town council shall take into consideration the following factors: 1. Whether the proposed site plan will adequately provide for safety from fire hazards and have effective measures of fire control. 2. Whether the proposed site plan provides adequate drainage. 3. Whether the proposed specific use will have noise-producing elements that are not sufficiently controlled. 4. Whether the glare of vehicular and stationary lights is compatible with the established character of surrounding land uses. 5. Whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site. 6. Whether such signs will have an adverse effect on adjacent properties. 7. Whether the proposed specific use will adversely affect the public at the site and the area immediately surrounding the specific use. Page 81 of 171 8. Whether the proposed use will have any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public, health, safety and general welfare. 9. Whether the proposed use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed specific use will so dominate the immediate neighborhood, consideration shall be given to: 1. The location, nature and height of buildings, structures, walls and fences on the site; and 2. The nature and extent of landscaping and screening on the site. 10. Whether the proposed use otherwise complies with all applicable regulations of this ordinance, including lot size requirements, bulk regulations, use limitations and performance standards. 11. Whether the proposed use at the specified location will contribute to or promote the welfare or convenience of the public. 12. Whether off-street parking and loading areas will be provided in accordance with the standards set out in section 14.02.353, Off-Street Parking Requirements, and section 14.02.354, Off-Street Loading Requirements, and such additional areas will be screened from any adjoining residential uses and located so as to protect such residential uses from any injurious effect. 13. Whether adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. 14. Whether the proposed use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services. 15. Whether the proposed use will result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.” Additional regulations: (f) Conditions and restrictions. In considering a specific use permit application, the planning and zoning commission may recommend, and the town council may impose, such conditions, safeguards and restrictions upon the premises benefited by the specific use as may be necessary to avoid, minimize, or mitigate any potentially injurious effect of such specific use upon other property in the neighborhood, and to carry out the general purpose and intent of this ordinance. Such conditions shall be set out in the ordinance approving the specific use permit. The following responses were provided by the applicant as required by the SUP application: Page 82 of 171 1. Provide a detailed explanation of why the proposed use will not cause substantial injury to the value, use or enjoyment of the property in the neighborhood. Our goal is to activate the hard corner of the Town center by bringing in Chipotle, a leader in the food industry with over 3,200 restaurants in the world. The current empty lot will turn into a focus point of the property as it will create more traffic to the center through the use of the digital pick up lane, beautify the hard corner of the property through the addition of a building and some landscaping that will be cohesive with the rest of the center and provide additional parking which will benefit all the businesses. 1. Provide a statement as to how the proposed specific use is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be prevented or made unlikely, [sic] and that the value, use and reasonable enjoyment of such property will not be impaired or adversely affected. This standalone building will be located at the very hard corner of the property. This is to provide the best visibility for people entering Trophy Club through Trophy Club Drive but also to ensure that this new building does not screen/reduce the visibility of building A2 from 114. The digital pick-up lane is located to the west of the building to allow quick access from Trophy Club Drive. The utility alcove will be located along the north facade and will be screened as required by PD 30. The new dumpster enclosure is located at the back of the building at proximity of another existing dumpster enclosure, to facilitate access and service. A patio will be located along the west side of the building, so people can enjoy the open space. 1. Provide identification of any potentially adverse effects that may be associated with the proposed specific use, and of the means proposed by the applicant to avoid, minimize or mitigate such effects. To alleviate any issues with the existing trash enclosures, this standalone building will have a new dedicated trash enclosure. 1. Provide additional terms and conditions including design standards as the planning and zoning commission and the town council deem necessary to preserve the value and character of the affected property and neighboring properties. This new building will basically look identical to the others retail buildings within the center and will meet all design requirements of PD30. Summary The SUP site is within PD 30, a well-planned development, providing specific regulations and requirements to accommodate a Quick Service Restaurant. Page 83 of 171 • The most recent site plan for PD-30 from 2016 illustrated a drive-thru facility at this location and is included as an attachment in this report. • SUP review criteria have been satisfied and the applicant has provided detailed responses to the application’s purpose. • The applicant has stated the site will be landscaped in accordance with PD-30 requirements in a manner similar to the existing materials. PD-30 provides for staff approval of Preliminary Site Plans, Modified Site Preliminary Site Plans, Site Plans, and Building Elevations if they comply with the standards set forth in the PD District (III. Procedures). Public Hearing Requirements Notice of the public hearings were distributed as required by State Law and the Town of Trophy Club Zoning Ordinance. To date, staff has not received any inquiries. BOARD REVIEW/CITIZEN FEEDBACK: The Planning & Zoning Commission reviewed the specific use permit application for a Quick Service Restaurant at their April 4, 2024, meeting and unanimously recommended the item for approval (4-0). FISCAL IMPACT: N/A LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the draft ordinance as to form and legality. ATTACHMENTS: 1. Trophy Club Town Center submission 032824 2. Preliminary Site Plan dated 3.23.16 APPROVED 3.29.16 3. Ord 2024-XX P&Z SUP Chipotle QSR-DR ACTIONS/OPTIONS: Staff recommends that the Town Council conduct the public hearing and move to approve the ordinance granting a Specific Use Permit for a Quick Service Restaurant in an approximate 2,500 square foot proposed structure on Lot 1, Block A, of Trophy Club Town Center Addition, C. Medlin Survey, Abstract No. 823, Denton County, Texas. Page 84 of 171 c 2024FOR CITY REVIEW ONLYNOT FOR PERMITNOT FOR CONSTRUCTIONT R O P H Y C L U B , T E X A S 7 6 2 6 2 NEW SHELL BUILDING AT T r o p h y C l u b T o w n C e n t e r 3.28.2024 D a l l a s , T e x a s 2 1 4 .2 9 8 .5 0 9 8 AS100 A M E N D E D S I T E P L A N L O T 1 , B L O C K A T R O P H Y C L U B T O W N CENTER SITE PLAN011"=30'-0" N BUILDING A1 (PROPOSED) BUILDING A2 (EXISTING) RETAIL / OFFICE SHELL TOTAL BUILDING SQUARE FOOTAGE= 11,062 S.F. BUILDING A3 (EXISTING) RETAIL / OFFICE SHELL TOTAL BUILDING SQUARE FOOTAGE= 5,718 S.F. BUILDING A4 (EXISTING) RETAIL / OFFICE SHELL TOTAL BUILDING SQUARE FOOTAGE= 8,124 S.F. BUILDING A5 (EXISTING) RETAIL / OFFICE SHELL TOTAL BUILDING SQUARE FOOTAGE= 8,217 S.F.BUILDING A6 (EXISTING) RETAIL / OFFICE SHELL TOTAL BUILDING SQUARE FOOTAGE= 14,335 S.F. SHELL FOR QUICK SERVICE RESTAURANT TOTAL BUILDING SQUARE FOOTAGE= 2,408 S.F. SITE DATA LOT 1, BLOCK A ZONING: PD 30 - MIXED USE LOT AREA: 296,340 S.F. EXISTING BUILDING AREA: 47,456 S.F. PROPOSED NEW BUILDING AREA: 2,408 S.F. TOTAL BUILDING AREA: 49,864 S.F. LOT COVERAGE: 16.83% FLOOR AREA RATIO: 0.168 IMPERVIOUS AREA 208,801 S.F. / 70.46% PARKING REQUIRED 1 SPACE PER 275 S.F. 49,864 / 275 = 182 SPACES EXISTING PARKING PROVIDED:242 SPACES HANDICAP PARKING REQUIRED 5 STANDARD + 2 VAN HANDICAP PARKING PROVIDED 6 STANDARD + 6 VAN 7 EXISTING SPACES 8 EXISTING SPACES 7 EXISTING SPACES 7 EXISTING SPACES 6 EXISTING SPACES 5 EXISTING SPACES 7 EXISTING SPACES 7 EXISTING SPACES 6 EXISTING SPACES 11 EXISTING SPACES 11 EXISTING SPACES 11 EXISTING SPACES 5 EXISTING SPACES 9 EXISTING SPACES 10 EXISTING SPACES 15 EXISTING SPACES 19 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 8 EXISTING SPACES 5 EXISTING SPACES 5 EXISTING SPACES 2 EXISTING SPACES 2 EXISTING SPACES 1 NEW SPACE 11 NEW SPACES 7 EXISTING SPACES 6 EXISTING SPACES 6 EXISTING SPACES 6 NEW SPACES NEW PARKING PROVIDED:18 SPACES TOTAL PARKING PROVIDED:260 SPACES S T A T E H I G H W A Y N O . 1 1 4T R O P H Y C L U B D R I V EPROPERTY LINE: 326.99'PROPERTY LINE: 204.74'PROPERTY LINE: 98.84'PROPERTY LINE: 203.57'PR O P E R T Y L I N E : 5 4 0 . 2 5 ' PRO P ER T Y L IN E : 5 7 . 8 9 'PROPERTY LINE: 90.04'109'-4 7/16"98'-3 11/16" 1-STORY 1-STORY 1-STORY 1-STORY 1-STORY EXISTING STREET TREES TO REMAIN, TYP.EXISTING STREET TREES TO REMAIN, TYP.6 3 4 6 3 4 63 4634 634633633 6336 3 3635 635636 635635 636 634EXISTING CLOCK TOWER EXISTING STOP SIGN TO REMAIN EXISTING STOP SIGN TO REMAIN EXISTING STOP SIGN TO REMAIN EXISTING STOP SIGN TO REMAIN EXISTING STOP SIGN TO REMAIN EXISTING LANDSCAPE / PARK EXISTING SIDEWALK TO REMAIN EXISTING LANDSCAPE / PARK FUTURE DEVELOPMENT 1-STORY 4,400 S.F. EXISTING STOP SIGN TO REMAIN OPEN SPACE 122,915 S.F. / 41% REQUIRED: 15% MINIMUM 0 15 30 60 Page 85 of 171 c 2024FOR CITY REVIEW ONLYNOT FOR PERMITNOT FOR CONSTRUCTIONT R O P H Y C L U B , T E X A S 7 6 2 6 2 NEW SHELL BUILDING AT T r o p h y C l u b T o w n C e n t e r SCHEMATIC DESIGN 3.28.2024 D a l l a s , T e x a s 2 1 4 .2 9 8 .5 0 9 8 AS101 S I T E P L A N ENLARGED SITE PLAN011"=10'-0" 11 NEW PARKING SPACES NEW TREE NEW PATIO EXISTING PARKING EXISTING PARKINGEXISTING PARKING(2) EXISTINGPARKINGSPACESNEW SIDEWALK NEW TREEEXISTING PARKINGEXISTING PARKING EXISTING PARKINGEXISTING PARKINGNEW TREE NEW SIDEWALKEX I S T I N G P A R K I N G WATER METER TELEPHONE PEDESTAL NEW CURB RAMP FIRE HYDRANT NEW DRIVENEW TREE (2) N E W P A R K I N G (4) N E W P A R K I N G NEW DUMPSTER ENCLOSURE NEW TREE NEW SI D E W A L K NEW SIDEWALKEXISTING 24' FIRE LANE TO REMAINEXISTING 24' FIRE LANE TO REMAINEXISTING 24' FIRE LANE TO REMAIN EXISTING 24' FIRE LANE TO REMAIN EXISTIN G 2 4 ' F I R E L A N E T O R E M A I N EX I S T I N G 2 4 ' F I R E L A N E T O R E M A I N EX I S T I N G 2 4 ' F I R E L A N E T O R E M A I N EXISTING 2 4 ' F I R E L A N E T O R E M A I N (1) NEW PARKING SPACE(2) EXISTINGPARKINGSPACESN 8'H MASONRY WALL TO MATCH EXISTING EXISTING DUMPSTER ENCLOSURE EXISTING TRANSFORMER FUTURE DEVELOPMENT 1-STORY 4,400 S.F. SHELL FOR QUICK SERVICE RESTAURANT TOTAL BUILDING SQUARE FOOTAGE= 2,408 S.F. 1-STORY BUILDING A1 (PROPOSED) 0 5 10 20 CLEARANCE SIGN LANDSCAPINGLANDSCAPINGPage 86 of 171 A100 F L O O R P L A N FIRST FLOOR PLAN011/4"=1'-0"67'-4"11'-4"12'-4"43'-8"6'-8"34'-8" 16'-8"9'-0"9'-0" 5'-0" 35'-0" 02/A20003/A20001/A20004/A200 UTILITY AREA COLD DARK SHELL ROOF ACCESS LADDER (OPEN TO ABOVE) ELECTRIC METER GAS RISER GRAVEL FLOOR SURFACE / NO CONCRETE EXPOSED, COMPACTED SUBGRADE, TYP. AT INTERIOR. INTERIOR CONCRETE TO BE POURED BY TENANT AFTER COMPLETION OF DARK SHELL BUILDING PATIO PAINTED STEEL RAILING 05/A200 N 0 2 4 8 c 2024FOR CITY REVIEW ONLYNOT FOR PERMITNOT FOR CONSTRUCTIONT R O P H Y C L U B , T E X A S 7 6 2 6 2 NEW SHELL BUILDING AT T r o p h y C l u b T o w n C e n t e r SCHEMATIC DESIGN 3.28.2024 D a l l a s , T e x a s 2 1 4 .2 9 8 .5 0 9 8 Page 87 of 171 A140 c 2024FOR CITY REVIEW ONLYNOT FOR PERMITNOT FOR CONSTRUCTIONT R O P H Y C L U B , T E X A S 7 6 2 6 2 NEW SHELL BUILDING AT T r o p h y C l u b T o w n C e n t e r SCHEMATIC DESIGN 3.28.2024 D a l l a s , T e x a s 2 1 4 .2 9 8 .5 0 9 8 R O O F P L A N ROOF PLAN011/4"=1'-0" N SLOPE SLOPESLOPESLOPEOPEN TO BELOW CANOPY CANOPY CANOPY SLOPESLOPE TOP OF PARAPET SHALL BE HIGHER THAN TOP OF ROOFTOP HVAC UNITS, TYP. ROOFTOP HVAC UNIT ROOFTOP HVAC UNIT Page 88 of 171 Page 89 of 171 Page 90 of 171 Page 91 of 171 ORD 2024-XX P&Z Page 1 of 11 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2024-XX P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A SPECIFIC USE PERMIT FOR A QUICK SERVICE RESTAURANT FOR TC TOWN CENTER 1 LP, LOCATED ON LOT 1, BLOCK A OF TROPHY CLUB TOWN CENTER ADDITION, C. MEDLIN SURVEY, ABSTRACT NO. 823, WITHIN PD PLANNED DEVELOPMENT NO. 30; PROVIDING FOR EXHIBIT “B” INLCUDING AN AMENDED SITE PLAN, FLOOR PLAN, ROOF PLAN, EXTERIOR ELEVATIONS, AND SCHEMATIC DESIGN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Section II.A.6. of the PD-30 Development Standards and listed in Ordinance No. 2012-04-02 P&Z allows uses identified as Quick Service Restaurant by Specific Use Permit only; and WHEREAS, the Town Council is authorized and empowered by law, in accordance with Chapter 211 of the Texas Local Government Code, to regulate land use, and property development within the Town for the public health, safety, and general welfare; and WHEREAS, TC Town Center 1 LP, the owner of the real property located at Lot 1, Block A of Trophy Club Town Center Addition, C. Medlin Survey, Abstract No. 823, 2200 SH 114, filed an application with the Town requesting a Specific Use Permit for a Quick Service Restaurant; and WHEREAS, after public notices were given in compliance with State law and a public hearing was conducted, and after considering the information submitted at the public hearing and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at a public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town and of the public health, safety, and welfare. Page 92 of 171 ORD 2024-XX P&Z Page 2 of 11 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. APPLICABLE REGULATIONS, DISCONTINUATION, & REVOCATION In all respects the land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, including without limitation regulations governing PD Planned Development No. 30 and all amendments thereto. The Specific Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or PD Planned Development No. 30 and/or the Comprehensive Zoning Ordinance. The Specific Use Permit granted hereby shall discontinue if the use for which this Specific Use Permit is granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. The Quick Service Restaurant drive-thru will be limited to pick-up only and no ordering shall occur in the drive-thru lane. Further, this Specific Use Permit shall be subject to revocation in accordance with the Town of Trophy Club Code of Ordinances. SECTION 3. CUMULATIVE This Ordinance shall be cumulative of all other provisions of ordinances of the Town, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. SAVINGS All rights and remedies of the Town are expressly saved as to any and all violations of the provisions of any other ordinance affecting the subject matter of this Ordinance within the Town which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts. Page 93 of 171 ORD 2024-XX P&Z Page 3 of 11 SECTION 5. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the caption and penalty clause of this Ordinance as required by Section 3.16 of the Town’s Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 22nd day of April, 2024. Jeanette Tiffany, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Page 94 of 171 ORD 2024-XX P&Z Page 4 of 11 Tammy Dixon, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Dean Roggia, Town Attorney Town of Trophy Club, Texas Page 95 of 171 ORD 2024-XX P&Z Page 5 of 11 EXHIBIT “A” The subject property is legally described as Lot 1, Block A, Trophy Club Town Center Addition, C. Medlin Survey, Abstract No. 823, Denton County, Town of Trophy Club, Texas. The property is addressed as 2200 SH 114, Trophy Club, Texas 76262. Page 96 of 171 ORD 2024-XX P&Z Page 6 of 11 EXHIBIT “B” OVERALL SITE PLAN LOT 1, BLOCK A, TROPHY CLUB TOWN CENTER Page 97 of 171 ORD 2024-XX P&Z Page 7 of 11 EXHIBIT “B” SITE PLAN 2200 SH 114, LOT 1, BLOCK A, TROPHY CLUB TOWN CENTER Page 98 of 171 ORD 2024-XX P&Z Page 8 of 11 EXHIBIT “B” FLOOR PLAN 2200 SH 114, LOT 1, BLOCK A, TROPHY CLUB TOWN CENTER Page 99 of 171 ORD 2024-XX P&Z Page 9 of 11 EXHIBIT “B” ROOF PLAN 2200 SH 114, LOT 1, BLOCK A, TROPHY CLUB TOWN CENTER Page 100 of 171 ORD 2024-XX P&Z Page 10 of 11 EXHIBIT “B” SCHEMATIC DESIGN 2200 SH 114, LOT 1, BLOCK A, TROPHY CLUB TOWN CENTER Page 101 of 171 ORD 2024-XX P&Z Page 11 of 11 EXHIBIT “B” SCHEMATIC DESIGN Page 102 of 171 TOWN COUNCIL COMMUNICATION MEETING DATE: April 22, 2024 FROM: Matt Cox, Director of Community Development AGENDA ITEM: Conduct a public hearing and consider an ordinance amending the Town’s Code of Ordinances, Chapter 14, “Zoning”, Division 5, “Supplementary District Regulations”, Section 14.02.252 “Sale of Alcoholic Beverages” to update requirements for the sale of Alcohol in the Town. (Tammy Dixon, Town Secretary) BACKGROUND/SUMMARY: Texas Alcoholic Beverage Commission (TABC) issues permits on a biennial basis. Municipalities may only charge one half of what the state charges, with the exception of Mixed Beverage Permits, which are exempt from fees for the first three years. Trophy Club’s current code provides for an annual permit and fee. The proposed amendment seeks to synchronize the local alcohol permit and fee collection with TABC's two-year permit renewal schedule. This adjustment aims to simplify permit tracking and renewal management processes by aligning the fee collection cycle with TABC. The Town levies and collects a fee equivalent to one-half of the state fee, as determined by the Texas Alcoholic Beverage Code, for each permit or license issued for premises located within Town limits and for which the Town is entitled to collect a fee. If approved, licensees who have been issued a two (2) year permit or license by the TABC 2023 will be billed by the Town annually in 2024 and the Town will begin collecting the permit fee for two (2) years at a time in advance, beginning with the renewal of the license or permit in 2025. Additional cleanup language is also included in the amendment to ensure clarity and consistency. BOARD REVIEW/CITIZEN FEEDBACK: The Planning & Zoning Commission conducted a public hearing on April 4, 2024 with no one speaking in favor or opposition to the ordinance. The Planning & Zoning Commission unanimously (4-0) recommended approval to the Town Council. FISCAL IMPACT: The Town receives between $3,000 and $7,000 annually in alcohol license fees. LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the ordinance as to form and legality. ATTACHMENTS: Page 103 of 171 1. TC Alcohol Sales Ordinance.Redline ACTIONS/OPTIONS: Staff recommends that the Town Council conduct the public hearing and move to approve the ordinance amending the Town’s Code of Ordinances, Chapter 14, “Zoning”, Division 5, “Supplementary District Regulations”, Section 14.02.252 “Sale of Alcoholic Beverages” to update requirements for the sale of Alcohol in the Town. Page 104 of 171 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2024-XX AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, CHAPTER 14 “ZONING,” DIVISION 5, “SUPPLEMENTARY DISTRICT REGULATIONS,” SECTION 14.02.252 “SALE OF ALCOHOLIC BEVERAGES” TO UPDATE REQUIREMENTS FOR THE SALE OF ALCOHOL IN THE TOWN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Town Council is authorized and empowered by law, in accordance with Chapter 211 of the Texas Local Government Code, to regulate land use, and property development within the Town for the public health, safety, and general welfare; and WHEREAS, the Town Council has previously adopted regulations governing the permitting and sale of alcoholic beverages in the Town; and WHEREAS, the Town Council desires to update the Town’s regulation of alcohol sales for clarity and in order to comply with changes in State law since their adoption; and WHEREAS, after public notice was given in compliance with State law and a public hearing was conducted, and after considering the information submitted at th e public hearing and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council on _________________ at which the Town Council considered the information submitted at the public hearing and all other relevant information and materials. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Page 105 of 171 ORDINANCE NO.2024-XX PAGE 2 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. The Code of Ordinances, Town of Trophy Club, Texas, Chapter 14 “Zoning ,” Division 5, “Supplementary District Regulations,” Section 14.02.252 “Sale of alcoholic beverages” is hereby amended in its entirety to read as follows: “§ 14.02.252 Sale of alcoholic beverages. (a) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Alcoholic beverage. Alcohol, or any beverage containing more than one -half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. Applicant. A person who submits or files an original or renewal application with the townTown, the county judge, or the Texas Alcoholic Beverage Commission , for a license or permit. Bar/tavern. An establishment that derives 75seventy-five percent (75%) or more of the establishment’s gross revenue from the on-premises sale of alcoholic beverages. Beer. A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent (4%) of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer. Commission. The Texas Alcoholic Beverage Commission. Licensee. A person who is the holder of a license provided in the Texas Alcoholic Beverage Code, as amended, or any agent, servant, or employee of that person. Liquor. Any alcoholic beverage containing alcohol in excess of four percent (4%) by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or barreteago, is prima facie evidence that it is liquor. Liquor (package) store. A business that sells alcoholic beverages, including liquor as defined herein, for consumption off-premises. For the purposes of this section, the term “liquor store” shall exclude grocery stores or convenience stores in which Page 106 of 171 ORDINANCE NO.2024-XX PAGE 3 beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also exclude a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this section. Mixed beverage. One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer’s permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit. Off-premises. Refers to the site of consumption rather than the site of sale, and refers to the sale of alcoholic beverages for off-premises consumption. On-premises. Refers to the site of consumption rather than the site of sale , and refers to the sale of alcoholic beverages for on-premises consumption. Permittee. A person who is the holder of a permit provided for in the Texas Alcoholic Beverage Code, as amended, or an agent, servant, or employee of that person. Person. A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. Premises. The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person. Private school. A school maintained by private individuals, religious organizations, or corporations, not at public expense, and open only to pupils selected and admitted by the proprietors or governors, or to pupils of a certain religion or possessing certain qualifications, and generally supported, in part at least, by tuition, fees, or charges. Public school. A school established under the laws of the stateState (and usually regulated in matters of detail by local authorities), in the various districts, counties, or towns, maintained at the public expense by taxation, and open, usually without charge, to the children of all the residents of the city, town or other district. Schools belonging to the public and established and conducted under public authority. Restaurant or cafe. An establishment building or portion of a building, where the primary business is the on-premises sale of prepared food, with adequate facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered. Said establishment may serve alcohol with a valid Texas Alcoholic Beverage Page 107 of 171 ORDINANCE NO.2024-XX PAGE 4 Commission License as long as the establishment derives less than 75seventy- five percent (75%) of its gross revenuesrevenue from alcohol sales, and includes all indoor and outdoor seating areas, kitchen, bar area, restrooms and lobby. Wine and vinous liquor. The product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey , and. This definition includes wine coolers. (b) (b) Prohibited sales. The sale of alcoholic beverages is not allowed in areas zoned for residential use, including but not limited to PD planned development districts approved exclusively for residential uses. Except as otherwise specifically allowed by the Texas Alcoholic Beverage Commission, or as otherwise provided herein, no alcoholic beverages may be sold within three hundred feet (300') of a church, public school or private school, or public hospital. Measurement of such distance shall be in accordance with the terms of this section and the Texas Alcoholic Beverage Code, as amended. (c) Permits. Fees established. The (c) Permit required and annual permit fee established. (1) 1. It shall be unlawful for issuing a license or permit any person to operate, conduct, and maintain a business establishment sellingmanufacture, distill, brew, import, transport, store for purposes of sale, distribute, or sell any beer, wine or other alcoholic beverages in the town is:beverage within the Town without first paying the appropriate permit fee and obtaining a permit from the Town to sell alcoholic beverages at a specific location. For stores with beer and wine sales for off-premises consumption only, and2. The permit fee shall be equal to one-half of the fee charged by the State of Texas, as amended, for the particular license issued by the Commission, except as specifically exempted herein, for locations with mixed beverage when said fee is waived according to the provisions of the Texas Alcoholic Beverage Code. (A) 3. The permit fee shall be collected on the same cycle as the State permits, or licenses are issued or renewed by the Commission. All permit holderfees required pursuant to this section shall pay a fee equal to one- half (1/2) ofbe paid in advance to the state feeTown for such license and permit in effecttwo (2) years at the time of the initial permit application or renewal for the annual permit, as applicable. Such fee shall be in addition to any applicable fee for a food and beverage certificate State permit or license with the Commission. However, a mixed beverage permit fee shall not be collected during the three (3) year period following issuance of the State permit. The Town shall collect the mixed beverage permit fee in the beginning of the second year of the first renewal of the permit and the permit Page 108 of 171 ORDINANCE NO.2024-XX PAGE 5 fee shall be paid in advance to the Town for one (1) year for the second year of the first renewal only. The mixed beverage permit fee shall be collected for a two (2) year period each renewal thereafter. Further, permittees or licensees who have been issued a two (2) year permit or license by the Commission in 2023 shall be billed by the Town annually in 2024 and the Town will begin collecting the permit fee for two (2) years at a time in advance beginning with the renewal of the license or permit in 2025 . (B) Exemption. A mixed beverage permit is exempt from the payment of the fee imposed by this subsection during the three-year period following the issuance of the permit as specified in the Texas Alcoholic Beverage Code. (C) Payment of fees. (i) Term. The permit fee shall be collected when the application for such permit is submitted. This permit shall be valid only for one year (365 days) from the date of its issuance, and if issued during the calendar year, the fee shall be collected in full without reduction and shall be renewed by the applicant annually thereafter during the time that such applicant is engaged in the business of selling alcoholic beverages within the town. Permit applications shall be filed with the planning and zoning coordinator. 4. Permit applications shall be submitted to the Director of Community Development, or the Director of Community Development’s designee. (d) (d) Zoning compliance required. No permit shall be granted under the terms of this section unless the location at which the business is sought to be established and maintained is a permitted use under the comprehensive zoning ordinance of the townTown as of or after the effective date thereof. (e) (e) Business hours. It is unlawful for any person to sell, offer for sale, or deliver any beer, wine, or liquor, except within those hours as prescribed in the Texas Alcoholic Beverage Code, as amended, including but not limited to chapter 105 of the Texas Alcoholic Beverage Code, as amended. (f) (f) Specific use permit ((“SUP).”). (1) (1) SUP required. Except as specifically provided herein, no persons shall manufacture, sell, offer for sale, distribute or engage in any other activity for which a permit or license is required by the Texas Alcoholic Beverage Code within the townTown without first obtaining a specific use permitSUP to do so from the townTown. All of the provisions of the specific use permitSUP procedure shall apply as perin accordance with the town’sTown’s comprehensive zoning ordinance, as amended. In the event of a conflict between the general regulations governing specific use permitsSUPs and the provisions contained in this section, the provisions of Page 109 of 171 ORDINANCE NO.2024-XX PAGE 6 this section shall control. (2) (2) SUP application. In order for a person to engage in the sale of alcoholic beverages, a formal application for a SUP shall be filed with the planning and zoning coordinatorDirector of Community Development, or the Director of Community Development’s designee, with the appropriate fee established by the townTown. The planning and zoning coordinatorDirector of Community Development, or the Director of Community Development’s designee, shall process the application by submitting to the planning and zoning commission for theirits review and recommendation to the town councilTown Council for approval or disapproval. The town councilTown Council will consider and approve or disapprove the granting of a SUP for the sale of alcoholic beverages. (3) (3) Compliance required. Compliance with townTown codes and ordinances is required for on-premises sale and consumption of alcoholic beverages as follows: (A) (A) Alcoholic beverage sales for off-premises consumption (beer &and wine only). A building utilized for the retail sale of beer and/or wine for offpremisesoff-premises consumption only shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. (B) (B) Alcoholic beverage sales for off-premises consumption - liquor (package) store. The following provisions shall be required for liquor (package) stores: (i) (i) A liquor (package) store shall not have walk-up window access, and shall not have drive-through or drive-up access. (ii) (ii) A liquor (package) store shall operate inon premises that are not physically completely separate from any other business and the exterior design of the store shall show evidence of coordination with contextual influences of neighboring properties inwith regard to building setbacks, orientation, and relationship of structures to each other and to the street. The layout of the site shall respect and build upon the arrangement of buildings, open spaces and landscape elements of adjacent sites. (C) (C) Alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use. A restaurant utilized for the retail sale of alcoholic beverages for on-premises consumption shall be inspected and shall comply with all applicable local regulations, Page 110 of 171 ORDINANCE NO.2024-XX PAGE 7 including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. (D) (D) Alcoholic beverages for on-premises consumption - bar or tavern. A bar or tavern shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. The following additional provisions shall be required for bars or taverns: (i) (i) A bar or tavern shall not be located closer than three hundred (300) feet to any property used exclusively for religious or educational purposes. The method of measurement shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. A hotel shall not be considered a residential use for the purpose of this section. (ii) (ii) The town councilTown Council shall have full discretion to approve or deny ana SUP application for a bar or tavern and may impose any reasonable condition deemed necessary by the councilTown Council, including SUP expiration provisions, business name and signage, and change of ownership requirements to ensure community health, safety and welfare in approving a bar or tavern. (E) (E) Procedures prior to issuance of permit. Before any certification from the Texas Alcoholic Beverage Commission or other documentation of approval is signed by the townTown representative, such certificate or documentation shall be submitted to the planning and zoning coordinatorDirector of Community Development, or the Director of Community Development’s designee to assure: (i) (i) That the application complies with all provisions of this section and all applicable ordinances; (ii) (ii) That a SUP application is officially filed with the payment of applicable fees; and (iii) That proof is submitted that a representative of the Texas Alcoholic Beverage Commission has approved the submittal of an application for license; and (iv) (iii) That the chief of police/director of public safety has reviewed the SUP application. Page 111 of 171 ORDINANCE NO.2024-XX PAGE 8 (4) (4) Additional development conditions/waivers. The councilTown Council may attach additional development conditions, or grant specific waivers to applicable code requirements, to the specific use permitSUP that the councilCouncil, in its discretion, determines are appropriate for buffering, safety, security, and compatibility for and to adjacent properties. (5) (5) Criteria and processing of SUP. The following general conditions apply to all specific use permits (SUP)SUPs allowing the sale of any alcoholic beverages: (A) (A) The applicant must design and operate the establishment for which ana SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediatelyimmediate surrounding area. (B) (B) The applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the town councilTown. (C) (C) As required, the applicant shall bear the burden of showing that the establishment does not exceed the limitation on gross receipts from the sales of alcoholic beverages applicable to its license and SUP. The applicant shall maintain accounting records of the sources of its gross revenue and allow the townTown to inspect such records during reasonable business hours. (D) (D) The applicant shall demonstrate that the granting of the SUP would not be detrimental to the public health, safety and/or welfare of the citizens of the townTown. (E) (E) The applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct , and raucous behavior. The applicant shall consult with the chief of police/director of public safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder. (F) (F) The establishment shall provide adequate parking spaces to accommodate its employees and patrons. Provided provided, however, that the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located. Page 112 of 171 ORDINANCE NO.2024-XX PAGE 9 (G) (G) The applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment and in the surrounding area , and shall operate the establishment in such a manner as to minimize disturbance to surrounding property owners and in compliance with all applicable townTown ordinances and stateState laws. (H) (H) Unless specified as a condition of approval by the town councilTown Council for ana SUP, a specific use permitSUP issued for any alcoholic beverage sales under this section shall automatically expire upon a change in use of the property, change of ownership toof the property and/or business, and/or upon the revocation, termination or expiration of the certificate of occupancy. (I) (I) All specific use permitsSUPs issued under this section shall be further conditioned that the same may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months, or as otherwise provided for the revocation of SUPs, as outlined in the comprehensive zoning ordinance, as amended. (6) (6) Denial of SUP. The town councilTown Council may deny ana SUP if it affirmatively determines that the issuance of such SUP: (A) Is incompatible with the surrounding uses or property; or (B) (B) Is detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the townTown and its inhabitants; or (C) (C) Is found to be in noncompliance with any townTown ordinances, including without limitation failure to comply with any one or more of the provisions of this section. (g) (g) Methods for determining distance measurement. (1) (1) Church or public hospital. The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. (2) (2) Public or private school. The measurement of distance between the place of business where alcoholic beverages are sold and a public or private school shall be: Page 113 of 171 ORDINANCE NO.2024-XX PAGE 10 (A) (A) In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or (B) (B) If the permit or license holder is located on or above the fifth (5th) story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. (h) (h) Exception to distance requirements. Upon receipt of a written request by an applicant, the planning and zoning commission will consider and make a recommendation to the town councilTown Council to consider an exception to reduce the distance requirement contained in this section and the town councilTown Council shall take final action on such recommendation based upon the criteria specified herein below: (1) (1) A planning and zoning commission recommendation to reduce the distance requirement and final action of the town councilTown Council to allow such reduction shall be based upon the following .: The town councilTown Council may allow an exception upon proof by the applicant that he/shethe applicant meets all of the following criteria: (I) documented approval from surrounding property owners within the distance requirements for which the exception is sought; (II) proof of preliminary approval from the Texas Alcoholic Beverage Commission; (III) a determination by councilthe Town Council that the enforcement of the regulations in a particular instance is not in the best interest of the public; and (IV) after consideration of the health, safety and welfare of the public and the equities of such regulation, the councilTown Council determines that the exception is in the best interest of the community. (2) (2) The town councilTown Council shall have the authority to grant an exception under this section for temporary special events after review and recommendation by the planning and zoning commission. For such events, both the planning and zoning commission and the town councilTown Council shall consider: all of the following: (I) hours of the event,; (II) impact on surrounding area; (III) estimated number of participants; (IV) personal and property security; and (V) duration and other health, safety and welfare considerations as deemed appropriate and necessary by the town councilTown Council. (3) (3) No exception may be granted hereunder except after a public hearing for which notice has been given to owners of real property within 300 feet (or 1,000 feet if applicable) of the location of the proposed business Page 114 of 171 ORDINANCE NO.2024-XX PAGE 11 or of the proposed location for temporary special event. Such notice must be given not less than ten (10) days before the date set for hearing. (i) Specific use permits(i) SUPs and applications in existence as of October 11, 2016. Any existing SUP for the sale of alcoholic beverages for on-premises consumption for which the SUP was either issued, or for which an application was received, prior to October 11, 2016 and said SUP has not expired, or said application has not been approved by the town councilTown Council, said establishment shall not sell alcoholic beverages such that the gross receipts from alcohol sales exceed 50fifty percent (50%) of all gross receipts from all sales by the establishment. A new SUP must be granted by the town councilTown Council in compliance with the requirements of this section in order to increase any alcoholtoalcohol-to-food-sales ratio for on-premises alcohol sales for any existing establishment and for any unapproved SUP where an active application has been submitted. (j) (j) Possession or consumption prohibited in certain areas. (1) (1) Athletic fields, parks, or public areas. It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage in any townTown-owned or controlled athletic field, and all parking lots servicing such athletic fields except as specifically approved by the town councilTown Council, ordinance, or town councilTown Council approved policy which governs such conduct. It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code , in any townTown-owned or controlled park, including reserved area(s) within any park, playground, recreation center or any other area in the townTown- owned or used by the townTown and devoted to active or passive recreation, including all planted expressways, all parking lots servicing parks and public areas, parkways, triangles, and traffic islands maintained by the townTown except as specifically approved by the town councilTown Council, ordinance, or town councilTown Council approved policy which governs such conduct, or the approval of the town managerTown Manager or histhe Town Manager’s designee, through the special event review committee process. (2) Schools and school activities. It shall be unlawful for any person to possess an open container or consume any alcoholic beverage on a public street, public alley, or public sidewalk within one thousand (1,000) feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of pre-kindergarten through twelfth grade in the buildings or on the grounds of any public school in the townTown limits or at any school-related activity conducted within the townTown limits..” (2) Page 115 of 171 ORDINANCE NO.2024-XX PAGE 12 SECTION 3. CUMULATIVE This Ordinance shall be cumulative of all other provisions of ordinances of the Town, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. SAVINGS All rights and remedies of the Town are expressly saved as to any and all violations of the provisions of any other ordinance affecting the subject matter of this Ordinance within the Town which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affecte d by this Ordinance, but may be prosecuted until final disposition by the courts. SECTION 5. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousan d Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Clu b is hereby directed to publish the caption and penalty clause of this Ordinance as required by Section 3.16 of the Town’s Charter. Page 116 of 171 ORDINANCE NO.2024-XX PAGE 13 SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this __ day of ____ 2024. Jeannette Tiffany, Mayor ATTEST: Tammy Dixon, Town Secretary APPROVED AS TO FORM: Dean Roggia, Town Attorney Page 117 of 171 TOWN COUNCIL COMMUNICATION MEETING DATE: April 22, 2024 FROM: Chase Ellis, Director of Parks & Recreation AGENDA ITEM: Consider authorizing the Town Manager to negotiate and execute a professional services agreement with John R. McAdams Company for the design, construction bid, and construction administration of the Trophy Club Dedicated Pickleball Courts Project in a not-to-exceed amount of $147,000. (Chase Ellis, Parks & Recreation Director) BACKGROUND/SUMMARY: Over the past two years, the Trophy Club community has engaged in discussions and preliminary designs for the development of dedicated pickleball courts. This initiative aims to meet the growing demand for recreational facilities tailored to residents' needs. To advance the project, a competitive Request for Qualifications (RFQ) was issued to identify and engage a qualified firm for the schematic layout and design options as well as the completion of design drawings, construction bid services, and construction management services. The Town received five submissions from qualified firms and evaluated each proposal with a review team comprised of three staff members and two members of the Parks & Recreation Board Parks Improvement Subcommittee. Based on scores and interviews, the review team recommends John R. McAdams Company ("McAdams") as the highest scoring firm to provide the requested services to the Town of Trophy Club. BOARD REVIEW/CITIZEN FEEDBACK: The Parks & Recreation Board supports the process of identifying a qualified firm to assist with schematic layout and design options as well as the completion of design drawings, construction bid services, and construction management services to further the Town's pickleball project. FISCAL IMPACT: The total amount dedicated to the pickleball project in FY 2024 is $1.3 million, which is included within the Capital Improvement Projects Fund. McAdams has submitted a proposal with a fee that will not exceed $147,000. LEGAL REVIEW: N/A ATTACHMENTS: 1. Dedicated Pickleball Courts - Proposal Fee NTE Letter 2. Trophy Club Pickleball Courts - McAdams Presentation ACTIONS/OPTIONS: Staff recommends that the Town Council move to authorize the Town Manager to negotiate and execute a professional services agreement with John R. McAdams Company for the design, Page 118 of 171 construction bid, and construction administration of the Trophy Club Dedicated Pickleball Courts Project in a not-to-exceed amount of $147,000. Page 119 of 171 PROPOSAL LETTER > TOWN OF TROPHY CLUB 201 Country View Drive, Roanoke, TX 76262 / 940. 240. 1012 creating experiences through experience 17 April, 2024 Chase Ellis, CPRP, CPO Director of Parks and Recreation Town of Trophy Club 1 Trophy Wood Drive Trophy Club, TX, 76262 RE: Trophy Club Dedicated Pickleball Courts RFQ No. PR2024-01 Dear Mr. Ellis, We are pleased to offer this proposal of a Not to Exceed amount for the Town of Trophy Club Dedicated Pickleball Courts Project. The current proposed sites include Harmony Park, Independence Park and the tract east of Town Hall. The proposed project scope is planned to include a minimum of 4 and maximum of 8 pickleball courts, with the required improvements to support the courts. We propose the following Not to Exceed amount for the scope described above: Selection of the Harmony or Independence Park FEE: $147,000 (not to exceed) As detailed in the request for qualifications and McAdams’ proposal to RFQ No. PR2024-01, McAdams will complete facilities programming; conceptual / schematic design; design development; construction documentation; construction bid and award support; and construction administration services. Please note that this is a not to exceed amount and will be negotiated with the Town upon notice to proceed with a final Professional Services Agreement. Pending Selection of the Town Hall Site FEE: TBD per Change Order Due to the required addition of a restroom facility, full parking requirements, entry drive and connection to an existing street, extension of water and sewer connections, electrical drop and connection, stormwater calculations for the entire site, zoning and/or full site plan submittals and other incidental cost not identified at this time then the Town Hall site, if selected will require additional design and construction fees. The Firm’s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Schedule to be mutually agreed upon between Owner and Firm. Page 120 of 171 PROPOSAL LETTER > TOWN OF TROPHY CLUB 201 Country View Drive, Roanoke, TX 76262 / 940. 240. 1012 creating experiences through experience We appreciate this opportunity to propose our services. We are eager to pursue this project further and thank you for your consideration. Sincerely, MCADAMS Megan Hatcher, RLA Team Leader, Planning + Design Page 121 of 171 Dedicated Pickleball Courts Town of Trophy Club Page 122 of 171 Creating m eaningful Experiences through inspired design Agenda І Pickler Introductions: Meet the Team І Kamikaze: Proximity + Familiarity І Kitchen: Experience І Stacking: Approach Town of Trophy Club | Dedicated Pickleball Courts Page 123 of 171 Pickler Introductions: Team 01 02 03 04 05 06 07 08 09 10 01 02 03 04 A pickleball addict, someone who can’t put the pickleball paddle down! Page 124 of 171 Town of Trophy Club | Dedicated Pickleball Courts Meet the Interview Picklers McAdams Megan Hatcher RLA Team Leader, Landscape Architecture / Project Manager Ron Stewart RLA Senior Landscape Architect / Deputy Project Manager Jameson Pinson RLA Director, Landscape Architecture / Principal -in-Charge Justin Lansdowne PE Senior Project Manager / Principal Engineer Page 125 of 171 Locations Roanoke Lewisville Employees 72 Years Established 33 І 175+ Professional Engineers / Designers І 26 Registered Landscape Architects І 11 Certified Planners І 19 Professional Land Surveyors І 10 LEED® Certified Professionals І 7 Certified Floodplain Managers І 2 Certified Floodplain Surveyors І 1 Certified Arborist І 1 Certified Professional in Erosion + Sediment Control І Civil Engineering І Transportation І Stormwater І Stream + Wetland Design І Geomatics І Land Planning І Urban Planning + Design І Landscape Architecture І Construction Administration І Grant Funding Advisory Services І Visualizations About Our DFW Metro450+ EmployeesOur Services About Us Cultivating planning, design and engineering expertise since 1979. About McAdams Town of Trophy Club | Dedicated Pickleball Courts Page 126 of 171 Pickler Partnerships SUBCONSULTANTS І ALA -Lighting Services І UES -Geotechnical Engineering Services І Worth Engineering -Mechanical, Electrical + Plumbing Services І Falkofske -Structural Engineering Services І Wright Group -Architectural Services Town of Trophy Club | Dedicated Pickleball Courts І Project Management І Public Engagement І Landscape Architecture І Civil Engineering І Visualization І Design І Construction Administration Page 127 of 171 Kamikaze: Proximity + Familiarity A player who storms the NVZ line at speed while their opponent strikes the ball. 01 02 03 04 05 06 07 08 09 10 01 02 03 04 Page 128 of 171 Kamikaze: Proximity + Familiarity McAdams has worked in the north Texas community for 33 years. Our mission is to bring thoughtfulness to every detail in advancing our clients toward their vision and improving our communities. І Proximity to the office І Familiar with community І Familiar with the Town’s park system І Familiar with the game McAdams Picklers Town of Trophy Club | Dedicated Pickleball Courts Page 129 of 171 Kitchen: Experience A slang term for the Non -volley Zone. 01 02 03 04 05 06 07 08 09 10 01 02 03 04 Page 130 of 171 Kitchen:Experience The McAdams team has completed numerous successful municipal including parking lots, plazas, athletic facilities, stormwater facilities and utility improvements. І Hebron High School Tennis Courts І Marcus High School Tennis Courts І Marcus High School Football Field І Flower Mound High School Tennis Courts І Lewisville High School Tennis Courts RELATED PROJECTS Marcus High School Flower Mound, TX Flower Mound High School Flower Mound, TX Hebron High School Carrollton, TX Town of Trophy Club | Dedicated Pickleball Courts Page 131 of 171 Kitchen:Experience The McAdams team understands parks and recreation environments, long-term life cycle operation and maintenance issues. І Ladera Communities І Briercliff Park І Southwest Community Park І Pearl Street Park RELATED PROJECTS Ladera at the Reserve Mansfield, TXLadera at Tavolo Park Fort Worth, TX Briercliff Park Denton, TX Town of Trophy Club | Dedicated Pickleball Courts Pearl Street Park Charlotte, NC Page 132 of 171 Stacking: Approach A strategic formation where you place the stronger shot of each player in the middle. Often used in mixed doubles or if partners are right and left -handed. 01 02 03 04 05 06 07 08 09 10 01 02 03 04 Page 133 of 171 Listen + Learn І Project kick-off І Site walk with Town staff І Document review І Develop public engagement plan І Project schedule + management plan І Summary of existing document review Town of Trophy Club | Dedicated Pickleball Courts Page 134 of 171 Evaluate І Site investigations І Boundary + topographic survey І Regulatory review І Review + evaluate various proposed tracts Town of Trophy Club | Dedicated Pickleball Courts Page 135 of 171 Design І Process input from stakeholders І Confirm program І Explore + develop concept design(s) І Pickleball court design І Preliminary engineering І Architecture planning І Finalize single concept І Renderings + animations І Conceptual cost estimate Town of Trophy Club | Dedicated Pickleball Courts Page 136 of 171 Execute І SD + DD + CD І 100% bid drawings + specifications І Cost estimating (all major milestones) І Value engineer (as required) І Constructability review І Permitting І Town site permit review І Town building permit І TCEQ erosion control І SD, DD and CD's with cost estimates І 100% bid set + project manual І Required permits Town of Trophy Club | Dedicated Pickleball Courts Page 137 of 171 Deliver BID PHASE SERVICES І Distribute bid docs І Pre-bid conference І RFI responses І Bid opening І Certify bid tabs + rec. of award Town of Trophy Club | Dedicated Pickleball Courts CONSTRUCTION PHASE І Pre-con conference І Regular progress meetings І RFI responses + approve submittals І Prepare change orders І Review/approve pay applications І Construction observation І Final punch list + inspections І Closeout documents І Issue certificates for final completion + payment REVIEWS + APPROVALS І Meeting + progress schedules І Cert. bid tab + award rec. І Progress meeting minutes І Field reports + punch lists І Project closeout documents І Certificates of final completion + payment І Other documentation Page 138 of 171 Schedule Town of Trophy Club | Dedicated Pickleball CourtsCity | Project Title Inventory and Engagement Concept Planning 1.0 months LISTEN + LEARN Analysis 2.5 months EXECUTE10 months Construction Phase 2.5 monthsVALIDATE CDs, Bidding + Negotiation EVALUATE DESIGN EXECUTE DELIVER 1.5 months Page 139 of 171 Deeply Rooted in Community Cultivate Communities Translate Voices into Visionary Designs Knowledge of Trophy Club With McAdams serving alongside the Town of Trophy Club, together we can serve up a winning match for the citizens of the Town. Why McAdams is Your Golden Pickle! Our Qualificationsmcadamsco.com Trophy Club | Dedicated Pickleball Courts When a team wins a game on its first serve, never allowing their opponent to serve. Notes refine: With more than 30 years of service in the area, McAdams is deeply rooted in the community. involved in the fabric of the north Texas community, we don’t just build we cultivate. We understand the importance of taking a pause…. and listening. community’s needs. innovation and proximity fosters understanding, position ready to translate those voices into visionary designs that truly resonate and meet the needs of the residents of this town. activate your community. Page 140 of 171 Pickleball's version of a handshake at the conclusion of a game. Paddle taps are also used as a high five in between points. Paddle Tap: Thank you! Page 141 of 171 TOWN COUNCIL COMMUNICATION MEETING DATE: April 22, 2024 FROM: April Duvall, Director of Finance AGENDA ITEM: Consider a resolution repealing the existing Fund Balance Policy in its entirety and replacing it with the new Financial Reserves Policy. (April Duvall, Finance Director) BACKGROUND/SUMMARY: The purpose of the Financial Reserves Policy is to maintain a prudent level of financial resources in Town funds as additional insurance against disasters, emergencies, and unforeseen expenditures within the Town. In addition, this policy is intended to document the appropriate unassigned fund balance reserve level to protect the Town’s credit worthiness and provide adequate cash flow based upon the traditional operating cycle. Recommended updates to the policy include modifying the General Fund unassigned reserves target to a range between a minimum of 30% and a maximum of 50% of operating expenditures in the General Fund, with a target amount for planning purposes of 45%. If the Town has reserves in excess of the maximum amount, the policy includes guidelines for responsibly spending down the fund balance. If the Town falls below the minimum reserve level specified in the policy, the Town Manager is required to present the Town Council with a Replenishment Plan that will restore unassigned reserves to comply with the policy. The updates also include minimum liquidity levels across all fund types, known as Governmental Funds and Business-type Funds. Under these policies, the Town must maintain liquid assets such as current assets and cash and cash equivalents within desired levels compared to current liabilities in those funds. Ensuring minimum levels of liquidity across major fund types ensures that the Town has the necessary financial resources on hand to meet short-term obligations. The proposed policy was reviewed with the Town Council at the April 8, 2024 Town Council Meeting. Following Council input, additional revisions were made to the policy resulting in the attached Financial Reserves Policy. BOARD REVIEW/CITIZEN FEEDBACK: N/A FISCAL IMPACT: N/A LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the resolution as to form and legality. Page 142 of 171 ATTACHMENTS: 1. Financial Reserves Policy - 2011 2. FINANCIAL RESERVES POLICY - Resolution 3. General Fund Financial Reserves Policy - 2024 - FINAL 4. Financial Reserves Policy Presentation - 4.22.24 ACTIONS/OPTIONS: Staff recommends that the Town Council move to approve the resolution repealing the existing Fund Balance Policy in its entirety and replacing it with the new Financial Reserves Policy. Page 143 of 171 TOWN OF TROPHY CLUB RESOLUTION NO. 2011-23 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING A FUND BALANCE POLICY FOR THE TOWN IN ACCORDANCE WITH GOVERNMENT ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 AS SET FORTH IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council has reviewed the Fund Balance Policy for compliance with the Government Accounting Standards Board (GASB) Statement No. 54, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, upon consideration, the Town Council finds and determines it to be in the best interests of the Town to adopt the Fund Balance Policy set forth in Exhibit A"; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council has reviewed the attached Fund Balance Policy, which contains policies that the Council has determined to be beneficial to the Town. Section 2. That the Town Council hereby adopts the Fund Balance Policy set forth in Exhibit "A', a copy of which is attached hereto and incorporated herein in its entirety. Section 3. That the Director of Finance is hereby designated as the Town's primary officer to perform the functions required by the attached Fund Balance Policy and is hereby authorized to do so. Section 4. That this Resolution shall take effect immediately upon its passage and approval. PASSED AND APPROVED this 1ih day of September, 2011. Mayor, Connie White Town of Trophy Club, Texas ATTEST: SEAL] Page 144 of 171 T n Secretary, annon DePrater Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney, Patricia A. Adams Town of Trophy Club, Texas RES 2011-23 Page 2 of 2 Page 145 of 171 Town of Trophy Club, Texas Fund Balance Policy Purpose The purpose of this policy is to establish a key element of the financial stability of the Town by setting guidelines for fund balance. Unassigned fund balance is an important measure of economic stability. It is essential that the Town maintain adequate levels of unassigned fund balance to mitigate financial risk that can occur from unforeseen revenue fluctuations, unanticipated expenditures, and similar circumstances. The fund balance also provides cash flow liquidity for the Town’s general operations. Definitions Fund Equity–A fund’s equity is generally the difference between its assets and its liabilities. Fund Balance–An accounting distinction is made between the portions of fund equity that spendable and nonspendable. These are broken up into five categories: 1. Nonspendable fund balance – includes amounts that are not in a spendable form or are required to be maintained intact. Examples are inventory or permanent funds. 2. Restricted fund balance – includes amounts that can be spent only for the specific purposes stipulated by external resource providers either constitutionally or through enabling legislation. Examples include grants and child safety fees. 3. Committed fund balance – includes amounts that can be used only for the specific purposes determined by a formal action of the government’s highest level of decision-making authority. Commitments may be changed or lifted only by the government taking the same formal action that imposed the constraint originally. 4. Assigned fund balance – comprises amounts intended to be used by the government for specific purposes. Intent can be expressed by the governing body or by an official or body to which the governing body delegates the authority. In governmental funds other than the general fund, assigned fund balance represents the amount that is not restricted or committed. This indicates that resources in other governmental funds are, at a minimum, intended to be used for the purpose of that fund. 5. Unassigned fund balance – is the residual classification of the general fund and includes all amounts not contained in other classifications. Unassigned amounts are technically available for any purpose. Policy Committed Fund Balance The Town Council is the Town’s highest level of decision-making authority and the formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is a resolution approved by the Council at the Town’s Council meeting. Town Council 75 of 144 Meeting Date: September 12, 2011 Page 146 of 171 The resolution must either be approved or rescinded, as applicable, prior to the last day of the fiscal year for which the commitment is made. The amount subject to the constraint may be determined in the subsequent period. Assigned Fund Balance The Town Council has authorized the Town’s Financial Director as the official authorized to assign fund balance to a specific purpose as approved by this fund balance policy. Minimum Unassigned Fund Balance It is the goal of the Town to achieve and maintain an unassigned fund balance in the general fund equal to 30% of expenditures. The Town considers a balance of less than 15% to be cause for concern, barring unusual or deliberate circumstances. If unassigned fund balance falls below the Town’s desired goal, the Town will access the severity of the issue and based on council direction will proceed with the following actions. Finance will review all assigned, committed, and reserved fund balances if feasible council/authorized official may convert these funds to unassigned. If this is not an option, council/authorized official will look to generate excess reserves to replenish these unassigned funds to maintain compliance with this policy. If the Town is unable to become compliant in the current year, the Town will look to replenish unreserved fund balance in the next budget cycle. Order of Expenditure of Funds When multiple categories of fund balance are available for expenditure (for example, a construction project is being funded partly by a grant, funds set aside by the Town Council, and unassigned fund balance), the Town will start with the most restricted category and spend those funds first before moving down to the next category with available funds. Town Council 76 of 144 Meeting Date: September 12, 2011 Page 147 of 171 To w n o f T r o p h y GA S B S t a t e m e n t N o Page 148 of 171 Le t s R e v i e w Ne w F u n d B a l a n c e C l a s s i f i c a t i o n s No n s p e n d a b l e Re s t r i c t e d Co m m i t t e d As s i g n e d Un a s s i g n e d Cl a s s i f i c a t i o n s ba s e d o n c o n s t r a i n t s o n t h e p u r p o s am o u n t s c a n b e s p e n t Page 149 of 171 No n s p e n d a Am o u n t s c a n n o t b e s p e n t be c a u s e 1. No t i n s p e n d a b l e f o r m i e i n v e n t o r i e s p lo n g t e r m p o r t i o n o f l o a n s r e c e i v a b l e p r o p e he l d f o r r e s a l e Ho w e v e r i f t h e u s e o f t h e p r o c ee d s f r o m c o l re c e i v a b l e s o r s a l e o f p r o p e r t y i s c o m m i t t e d re s t r i c t e d t h e n t h e y s h o u l d b e r e p o r t e d i n t h ca t e g o r y r a t h e r t h a n n o n s p e n d a b l e 2. L e g a l l y o r c o n t r a c t u a l l y r e q u i r e d t o b e m in t a c t i e c o r p u s o r p r i n c i p a l o f a n p e r m a n Page 150 of 171 Re s t r i c t e d Co n s t r a i n t s p l a c e d o n t h e u s e o f r e s o u r c Ex t e r n a l l y i m p o s e d b y c r e d i t o r s i e d e b gr a n t o r s c o n t r i b u t o r s o r l a w s o r r e g u l a t go v e r n m e n t s Or Im p o s e d b y l a w t h r o u g h c o n s t i t u t i o n a l p en a b l i n g l e g i s l a t i o n wh e r e a u t h o r i z a t i o re v e n u e s i s c o n d i t i o n e d u p o n t h e r e v e n u a p a r t i c u l a r p u r p o s e l e g a l l y e n f o r c e a b l e E s s e n t i a l l y t h e s a m e d e f i n i t i o n as t h a t u s e d as s e t s u n d e r G A S B 3 4 Page 151 of 171 Co m m i t t e Am o u n t s t h a t c a n o n l y b e u s e d f o r s p pu r p o s e s t h a t a r e i m p o s e d b y f o r m a l go v e r n m e n t s h i g h e s t l e v e l o f d e c i s i o au t h o r i t y Co m m i t t e d a m o u n t s c a n n o t b e u s e d f o r un l e s s t h e s p e c i f i c u s e i s c h a n g e d o r r e m sa m e a c t i o n i e re s o l u t i o n o r d i n a n c e to c o m m i t t h e f u n d s Ac t i o n m u s t b e t a k e n n o l a t e r t h a n e n d o pe r i o d a c t u a l a m o u n t c a n b e d e t e r m i n e if f o r m u l a d r i v e n i e c a p i t a l r e p l a c e m e n t r e s e r v e s G A S B Page 152 of 171 As s i g n e d Co n s t r a i n e d b y t h e g o v e r n m e n t s in t e n t fu n d s f o r a p a r t i c u l a r p u r p o s e n o t c o re s t r i c t e d In t e n t c a n b e e x p r e s s e d b y t h e g o v e r n i n g bo d y i e f i n a n c e c o m m i t t e e o r o f f i c i a l go v e r n i n g b o d y h a s d e l e g a t e d t h e a u t h o Ne v e r i n e x c e s s o f t o t a l f u n d b a l a n c e l e s no n s p e n d a b l e r e s t r i c t e d a n d c o m m i t t e d Si m i l a r t o d e s i g n a t e d fu n d b a l a n c e i e g r a n t f u n d s d o n a t i o n s e t c Page 153 of 171 Co m m i t t e d v s A Th e p r i m a r y d i f f e r e n c e s ar e Th e l e v e l a t w h i c h a c t i o n m u s t b e t a k e n Co m m i t t e d f u n d b a l a n c e r e q u i r e s a c t i o n b y t de c i s i o n m a k i n g a u t h o r i t y w h e r e a s f u n d b a a s s i g n e d by a u t h o r i t y d e l e g a t e d t o a n o t h e r Th e t y p e o f a c t i o n r e q u i r e d Fo r m a l a c t i o n i s r e q u i r e d f o r c o m m i t t e d fund wh e r a s t h e p r o c e s s t o a s s i g n is m u c h l e s s Page 154 of 171 Un a s s i g n e Re s i d u a l c l a s s i f i c a t i o n f o r t h e g e Ge n e r a l f u n d i s t h e o n l y f u n d t h a t s h o u l po s i t i v e u n a s s i g n e d b a l a n c e b e c a u s e a l l re p o r t p o s i t i v e f u n d b a l a n c e a s r e s t r i c t e d as s i g n e d De f i c i t b a l a n c e p o s s i b l e i n a n y g o v e r n m Page 155 of 171 1 TOWN OF TROPHY CLUB RESOLUTION NO. 2024-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING THE TOWN’S EXISTING POLICY TITLED “FUND BALANCE POLICY” IN ITS ENTIRETY AND REPLACING SAID POLICY WITH A NEW POLICY TITLED “FINANCIAL RESERVES POLICY” FOR THE TOWN IN ACCORDANCE WITH GOVERNMENT ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 FUNDS FOR THE TOWN OF TROPHY CLUB; DESIGNATING THE TOWN’S FINANCE DIRECTOR AS THE OFFICIAL AUTHORIZED TO ASSIGN FUND BALANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Town adopted the Fund Balance Policy on September 12, 2011, by Town Resolution No. 2011-23; and WHEREAS, the Town Council seeks to repeal the Fund Balance Policy and replace it with the Financial Reserves Policy; and WHEREAS, the Financial Reserves Policy is in compliance with Government Accounting Standards Board (GASB) Statement No. 54; and WHEREAS, the Town Council reviewed and considered the Financial Reserves Policy on April 22, 2024; and WHEREAS, the Town Council designates the Town’s Finance Director as the official authorized to assign fund balances for the specific purposes provided in the attached Financial Reserves Policy; and WHEREAS, the Town Council hereby finds and determines it to be in the best interests of the public health, safety, and welfare of the Town’s residents and the general welfare to adopt Exhibit “A,” as the Financial Reserves Policy. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. The facts and recitals set forth in the preamble of this Resolution are hereby found to be true and correct and are incorporated into this resolution as if fully set forth herein. SECTION 2. The Town of Trophy Club’s Financial Reserves Policy, attached hereto and incorporated herein by reference as Exhibit “A,” having been reviewed by the Town Council and found to be acceptable and in the best interest of the Town and its citizens, is hereby in all things approved. The Town Manager and staff shall implement and execute the procedures and policies Page 156 of 171 2 adopted therein. SECTION 3. A true and correct copy of the Town of Trophy Club Financial Reserves Policy, as adopted herein, shall be maintained by the Town Secretary’s Office. SECTION 4. The Town Finance Director is designated as the official authorized to assign fund balances for the specific purposes provided in the Financial Reserves Policy. SECTION 5. This Resolution shall take effect immediately upon its passage and approval. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this the ____ day of April 2024. Jeannette Tiffany, Mayor ATTEST: Tammy Dixon, Town Secretary APPROVED TO AS FORM: Dean Roggia, Town Attorney Page 157 of 171 3 EXHIBIT “A” Page 158 of 171 Page 1 of 4 FINANCIAL RESERVES POLICY Town Council Policy Policy Number TC - 003 Implementation Date:DRAFT Last Revised Date: Policy Contact:Director of Finance Resolution Number: A. GENERAL FUND FINANCIAL RESERVES POLICY Section 1 – Purpose of the General Fund - Financial Reserves Policy The purpose of the General Fund Financial Reserves Policy (the “Financial Reserves Policy”) of the Town of Trophy Club, Texas, is to maintain a prudent level of financial resources in the General Fund as additional insurance against disasters, emergencies, and unforeseen expenditures within the Town. In addition, this Financial Reserves Policy is intended to document the appropriate unassigned reserve level to protect the Town’s credit worthiness and provide adequate cash flow based upon the traditional operating cycle. Section 2 – Delegation of Authority The Town of Trophy Club Town Council is responsible for the approval of financial policies which establish and direct the operations of the Town of Trophy Club. The Town Manager is responsible for carrying out the policy directives of the Town Council and managing the day-to-day operations of the departments, including the Finance Department. This Financial Reserves Policy will be administered on behalf of the Town Manager by the Finance Director. The Town Council has authorized the Town’s Finance Director as the official authorized to assign fund balance to a specific purpose as approved by this Financial Reserves Policy. Section 3 – Establishing the General Fund Policy The Town is committed to maintaining an unassigned fund balance, as defined by standards established by the Governmental Accounting Standards Board (GASB), within the range of 30% to 50% of operating expenditures in the General Fund. This upper limit represents 180 days of cash flow. The Town’s specific target of unassigned fund balance for budgetary and planning purposes is set at 45% of operating expenditures in the General Fund. For the purposes of this Financial Reserves Policy, the General Fund refers to the General Fund for GAAP purposes. The Town will measure its compliance with this Financial Reserves Policy on an annual basis during the budgeting process. During the course of the fiscal year, the Finance Department will monitor revenues and expenditures to ensure that projections remain consistent with this Financial Reserves Policy. Funding the unassigned reserve target will generally come from excess revenues over expenditures; unspent expenditures; or one-time, unappropriated revenues. In the event that unassigned reserves exceed maximum balance requirements at the end of each fiscal year, excess reserves may be utilized in the following ways, as directed by the Town Manager and approved by the Town Council. Excess reserve options are presented in order of short-term, more immediate needs to long-term needs for capital and programming purposes that may reduce the Town’s reliance on future tax dollars to support one-time uses. The Town Council and staff may consider uses consistent with any of these options when determining the utilization of excess reserves. Page 159 of 171 Page 2 of 4 1. One-time transfers to other funds, as appropriate, to offset year-end cash deficits (whether an ongoing deficit or annual deficit) within those funds. 2. Appropriated to provide additional funding to complete current capital projects in the current Capital Improvement Plan where actual project costs exceed pre-established budget amounts. 3. Appropriated for new, one-time capital project expenditures without significant recurring costs, as recommended to and approved by the Town Council. An emphasis will be placed on one-time uses that reduce future operating costs. 4. Appropriated to lower the total amount of a future bond issuance. 5. Appropriated as start-up expenditures for new programs as recommended to and approved by the Town Council. Such programs will be reviewed in the context of multi-year revenue and expenditure projections as prepared by the Finance Department. 6. Fund accrued liabilities, including but not limited to debt service, pension, and other employment benefits. Priority will be given to those items that relieve budget or financial operating pressure in future periods. 7. Appropriated or assigned as recommended by the Town Manager, as recommended to and approved by the Town Council. As the purpose of the Financial Reserves Policy is to stabilize Town operations during times of unforeseen loss of revenues or unforeseen increase in expenditures, it may be necessary and appropriate to take unassigned reserve levels below those targets established in this Financial Reserves Policy. When multiple categories of fund balance are available for expenditure (for example, a construction project is being funded partly by a grant, funds set aside by the Town Council, and unassigned fund balance), the Town will start with the most restricted category and spend those funds first before moving down to the next category with available funds. Circumstances where taking reserves below policy levels would be appropriate include responding to the risks that reserves are intended to mitigate, such as: 1. One-time uses in meeting cash-flow needs; 2. Closing a projected short-term revenue/expenditure gap; 3. Responding to unexpected expenditure requirements or revenue shortfalls; or 4. Where a forecast shows an ongoing structural gap until such time as the structural gap can be corrected. If or when the Town falls below the targets established by this Financial Reserves Policy, the Town Manager will submit a plan (“Replenishment Plan”) to the Town Council to increase unassigned reserves to achieve compliance with this Financial Reserves Policy. Revenue sources that would typically be looked to for replenishment of unassigned fund balance reserves include nonrecurring revenues, budget surpluses, year-end surpluses, and excess revenues in other funds (if legally permissible and with a defensible rationale). The Town Manager will prepare and distribute a Replenishment Plan to the Town Council no later than June 1 following the completion of the Town’s financial statements for the prior fiscal year. B. GOVERNMENTAL AND BUSINESS-TYPE FUNDS LIQUIDITY POLICY Section 1 – Purpose of the Governmental and Business-Type Funds Liquidity Policy The essential purpose of the Governmental Liquidity Policy and Business-Type Liquidity Policy (the “Liquidity Policy”) of the Town of Trophy Club, Texas, is to ensure sufficient resources to meet short-term financial obligations. Sufficient levels of liquid assets facilitate cash-flow needs during traditional operating cycles and provide additional insurance against disasters, emergencies, and unforeseen expenditures within the Town. In addition, the Liquidity Policy is intended to document the appropriate level of unrestricted current assets of cash and investments to protect the Town’s credit worthiness. Section 2 – Delegation of Authority The Town of Trophy Club Town Council is responsible for the approval of financial policies that establish and direct the operations of the Town of Trophy Club. The Town Manager is responsible for carrying out the policy directives of Page 160 of 171 Page 3 of 4 the Town Council and managing the day-to-day operations of the departments, including the Finance Department. This Liquidity Policy will be administered on behalf of the Town Manager by the Finance Department. Section 3 – Establishing the Liquidity Policy for Governmental Funds The Town will strive to maintain total current assets in excess of total current liabilities for all funds collectively reported together as Governmental Activities, as defined by GASB standards. Additionally, the Town will strive to maintain unrestricted cash and short-term investments of at least 100% of current liabilities as reported in the Town’s statement of net assets at the close of each fiscal year. The Town will measure its compliance with this Liquidity Policy on an annual basis during the budgeting process. During the course of the fiscal year, the Finance Department will monitor revenues and expenditures to ensure that projections remain consistent with the Liquidity Policy. Funding the target will generally come from excess revenues over expenditures, unspent expenditures, or one-time unappropriated revenues. From time to time, it may be necessary and appropriate to reduce current assets below the target level to respond to the risks that reserves are intended to mitigate, such as: 1. One-time uses in meeting cash-flow needs; 2. Closing a projected short-term revenue/expenditure gap; 3. Responding to unexpected expenditure requirements or revenue shortfalls; or 4. Where a forecast shows an ongoing structural gap until such time as the structural gap can be corrected. If or when the Town falls below the targets established by the Liquidity Policy, the Town Manager will submit a Replenishment Plan to the Town Council to increase current assets and/or cash and short-term investments to achieve compliance with this Liquidity Policy. Revenue sources that would typically be looked to for replenishment include nonrecurring revenues, budget surpluses, year-end surpluses, and excess revenues in other fund types (if legally permissible and with a defensible rationale). The Town Manager will prepare and distribute a Replenishment Plan to the Town Council no later than June 1 following the completion of the Town’s financial statements for the prior fiscal year. Section 4 – Establishing the Liquidity Policy for Business-Type Funds It is recognized that funds held for the purpose of accounting for business-type activities will fluctuate more than governmental activities funds. Business-type activities operated by government entities as opposed to a willing private sector entity regularly operate on the margins and are, therefore, more prone to incurring operational deficits in any given year. The Town will strive to maintain total current assets of at least 75% of total current liabilities for all funds collectively reported together as Business-Type Activities, as defined by GASB standards. Additionally, the Town will strive to maintain unrestricted cash and short-term investments of at least 50% of current liabilities as reported in the Town’s statement of net assets at the close of each fiscal year. The Town will measure its compliance with this policy on an annual basis during the budgeting process. During the course of the fiscal year, the Finance Department will monitor revenues and expenses to ensure that projections remain consistent with the Liquidity Policy. Funding the target will generally come from excess revenues over expenses, unspent expenses, or one-time unappropriated revenues. From time to time, it may be necessary and appropriate to reduce current assets below the target level to respond to the risks that reserves are intended to mitigate, such as: 1. One-time uses in meeting cash-flow needs; 2. Closing a projected short-term revenue/expense gap; 3. Responding to unexpected expense requirements or revenue shortfalls; or 4. Where a forecast shows an ongoing structural gap until such time as the structural gap can be corrected. Page 161 of 171 Page 4 of 4 If or when the Town falls below the targets established by the Liquidity Policy, the Town Manager will submit a Replenishment Plan to the Town Council to increase current assets and/or cash and short-term investments to achieve compliance with this Liquidity Policy. Revenue sources that would typically be looked to for replenishment include nonrecurring revenues, budget surpluses, year-end surpluses, and excess revenues in other fund types (if legally permissible and with a defensible rationale). The Town Manager will prepare and distribute a Replenishment Plan to the Town Council no later than June 1 following the completion of the Town’s financial statements for the prior fiscal year. Page 162 of 171 Financial Reserves Policy - Resolution Town Council Meeting April 22, 2024 Page 163 of 171 Excess Reserves Utilization Plan (Presented in order of short-term, more immediate needs to long-term needs for capital and programming purposes that may reduce the Town’s reliance on future tax dollars to support one-time uses) •One-time transfers to other funds •Appropriated to provide additional funding for current capital projects in the CIP plan •Appropriated for new, one-time capital project expenditures without significant recurring costs as approved by council •Appropriated to lower the total amount of a future bond issuance •Appropriated as start-up expenditures for new programs as approved by council New Policy Page 164 of 171 Excess Reserves Utilization Plan (continued) •Fund accrued liabilities, including but not limited to debt service, pension, and other employment benefits •Appropriated or assigned as recommended by the Town Manager, and approved by Town Council New Policy Page 165 of 171 Replenishment Plan (If reserves fall below target) •Town Manager shall prepare and distribute a Replenishment Plan to the Town Council no later than June 1 of each year, if applicable •Revenue sources typically used for a replenishment plan are: •Nonrecurring revenues •Budget Surpluses •Year-end Surpluses •Excess Revenues in other funds (if legally permissible and with a defensible rationale.) New Policy Page 166 of 171 Emergency Preparedness: A healthy undesignated fund balance acts as a financial cushion for unexpected events like natural disasters or economic downturns, allowing organizations to address emergencies without resorting to drastic measures like service cuts or excessive debt. Fiscal Stability: Robust undesignated fund balances ensure organizations can operate smoothly during financial uncertainty, reducing the risk of distress or bankruptcy caused by revenue shortfalls or unexpected expenses. Creditworthiness: A healthy undesignated fund balance signals financial health to lenders and investors, leading to more favorable terms for borrowing or investment due to the organization's capability to manage challenges. Flexibility and Opportunity: Surplus funds in an undesignated fund offer flexibility to seize opportunities, invest in new projects, or capitalize on market conditions without budgetary constraints. Stabilizing Budgetary Cycles: Undesignated fund balances help smooth annual budget cycles by bridging gaps between revenue and expenses, ensuring uninterrupted operations throughout the fiscal year. Public Confidence: For government entities, maintaining a healthy undesignated fund balance is crucial for earning and maintaining public trust. It demonstrates prudent financial management and ensures the ability to provide essential services without disruption. In summary, a healthy undesignated fund balance is essential for financial stability, flexibility, and resilience across organizations, enabling effective risk management, opportunity seizing, and stakeholder confidence maintenance. Why Are Reserves Necessary? Page 167 of 171 Liquidity is vital for ensuring financial stability and flexibility. It allows governments to swiftly respond to emergencies, meet short-term obligations, and seize opportunities without disruption. Maintaining liquidity ensures budgetary stability, enhances public confidence, and preserves the government's creditworthiness. Liquidity in Funds Page 168 of 171 General Fund (Primary fund for all Town expenditures) •30-50% unassigned reserves compared to operating expenses with the target being 45% Governmental Funds (General Fund, CCPD, Capital Replacement, Street Maintenance Sales Tax, Court Technology, Court Security, Hotel Occupancy, Rec Programs, Parkland Dedication, IS Capital Equipment Replacement, TIRZ #1, Grants Fund) •Current assets in excess of current liabilities •Unrestricted cash and short-term investments of at least 100% of current liabilities Business Type Funds/Proprietary Funds (Trophy Club Park & Storm Drainage Utility) •Current assets of at least 75% of current liabilities •Unrestricted cash and short-term investments of at least 50% of current liabilities Proposed Policy Reserves Page 169 of 171 General Fund (Primary fund for all Town expenditures) •$9.9M in fund balance, 72% of operating expenses Governmental Funds (General Fund, CCPD, Capital Replacement, Street Maintenance Sales Tax, Court Technology, Court Security, Hotel Occupancy, Rec Programs, Parkland Dedication, IS Capital Equipment Replacement, TIRZ #1, Grants Fund) •Current Assets: $51.2M Current Liabilities: $4.8M •Cash & Cash Equivalents: $32.7M Current Liabilities $4.8M Business Type Funds/Proprietary Funds (Trophy Club Park & Storm Drainage Utility) •Current Assets: $2.0M Current Liabilities: $224K •Cash & Cash Equivalents: $2.0M Current Liabilities: $224K Current Reserve Fund Levels This Photo by Unknown Author is licensed under CC BY-NC This Photo by Unknown Author is licensed under CC BY-NC Page 170 of 171 Questions/Comments? Page 171 of 171