Loading...
Agenda Packet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uesday, June 14, 2016 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, June 14, 2016. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Steven Glickman Assistant Town Manager/CFO Patricia Adams Town Attorney Holly Fimbres Town Secretary/RMO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Pat Cooke Development Services Manager Ron Ruthven Town Planner Tom Rutledge Town Engineer Mayor Sanders announced the date of Tuesday, June 14, 2016, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Mayor Sanders. The Pledges to the American Flag and Texas Flag were led by Mayor Pro Tem Lamont. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Announcements and Reports; Consent Agenda; Public Hearing; Item No. 11; Item No. 12; Item No. 13; Item No. 14; Item No. 15; Item No. 16; Item No. 17; Item No. 18; Item No. 19; Item No. 20; Item No. 21; Item No. 22; Executive Session; and Item No. 17) CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. There were no citizen presentations. ANNOUNCEMENTS AND REPORTS 1. Assistant Town Manager/CFO Glickman's update regarding the following; discussion and provide input regarding same (Staff). *Toddler Playground *Golf Cart Parking *2016 Fire Camp *Town Hall construction Assistant Town Manager/CFO Glickman updated the Council and addressed questions; no action was taken on this item. Additionally, he advised that no injuries occurred to residents or Staff during the recent fires that occurred in the Town over the weekend due to lightning strikes. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 2. Consider and take appropriate action regarding the Minutes dated May 10, 2016 (Staff). (Town Secretary Note: Approved as presented in the Town Council agenda packet). 3. Consider and take appropriate action regarding the Minutes dated May 17, 2016 (Staff). (Town Secretary Note: Approved as presented in the Town Council agenda packet). 4. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2015-33 authorizing participation in various cooperative purchasing programs and adopting a new resolution authorizing participation in various cooperative purchasing programs in accordance with the Town’s Procurement Policies and Procedures authorizing execution of any and all necessary agreements for participation in the cooperative programs by the Mayor or his designee and approving related contracts and the payment of related fees in accordance with the budget and providing an effective date of June 14, 2016 (Staff). 5. Consider and take appropriate action regarding an Interlocal Agreement between the Town and the City of Grapevine for the purchase of goods and services; and authorizing the Town Manager or his designee to execute all necessary documents (Staff). 6. Consider and take appropriate action regarding amending an Agreement between the Town and Tarrant County for Tarrant County’s participation in the Trophy Club Tax Increment Reinvestment Zone No. 1; and authorizing the Mayor or his designee to execute all necessary documents (Staff). 7. Consider and take appropriate action regarding a Lease Agreement between the Town and Sprint Spectrum L.P. for a wireless antenna facility located at Tract “A” of Lake Forest Village Phase Three, a subdivision in Trophy Club, out of the W.H. Pea Survey, Abstract No. 1045 and the C. Medlin Survey, Abstract No. 823, Denton County, Texas; and authorizing the Mayor or his designee to execute all necessary documents (Staff). 8. Consider and take appropriate action regarding financial and variance report dated April 2016 (Staff). Motion made by Council Member Parrow, seconded by Council Member Rowe, to approve the Consent Agenda Items 2 through 8. Motion passed unanimously. Town Council Minutes June 14, 2016 Page 2 of 10 PUBLIC HEARING 9. Conduct a public hearing regarding a request to amend Ordinance No. 2007-15, PD Planned Development District No. 27, Village Center, Permitted Uses, in order to allow the use of a Veterinary Clinic with an Outdoor Pet Run, and a request to approve an amendment to the approved Site Plan on Lot 2, Block 1, Trophy Club Village Centre, located at 2600 Bobcat Blvd. Case PD-AMD-16-049 (Staff). Mayor Sanders opened the public hearing at 7:12 p.m. Susan Edstrom, 269 Oak Hill Drive, spoke in favor of the item and stated that Dr. Rachel Speed Webster was a very well respected veterinarian in the area. 10. Conduct a public hearing regarding a request to amend Ordinance No. 95-20 P&Z and Ordinance No. 2016-02 P&Z, PD Planned Development District No. 13 in order to amend certain development requirements and the approved signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive. Case PD-AMD-16-048 (Staff). There was no one present that wished to speak regarding the item. Mayor Sanders closed the public hearing and reconvened into Regular Session at 7:15 p.m. REGULAR SESSION 11. Recognition of Town Attorney Patricia Adams for her years of service that she provided to the Town of Trophy Club (Staff). Mayor Sanders recognized Town Attorney Adams for her 13 years of service that she provided to the Town and presented her with a plaque. No action was taken on this item. 12. Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2007-15, PD Planned Development District No. 27, Village Center, Permitted Uses, in order to allow the use of a Veterinary Clinic with an Outdoor Pet Run, and a request to approve an amendment to the approved Site Plan on Lot 2, Block 1, Trophy Club Village Centre, located at 2600 Bobcat Blvd. Case PD-AMD-16-049 (Staff). Town Planner Ruthven presented the item and stated that the applicant, MK Development, was requesting approval of a revised Site Plan for Lot 2, Block 1, Trophy Club Village Centre, located at the southwest corner of Parkview Drive and Bobcat Boulevard. Also, the applicant was requesting approval of an outdoor pet run, which would be part of a proposed Veterinary clinic to be located in the new building. Additionally, he advised that the Planning and Zoning (P&Z) Commission approved the item at their June 2, 2016 meeting and recommended that the PD 27 Village Center permitted uses be amended allowing the following use: 1) “Pet services including veterinarian (without outdoor kennels). Approved veterinary clinics may contain an outdoor pet run provided said area does not create a nuisance, does not contain any one pet for a period longer than 15 minutes, and is visually screened from the view of any public area including but not limited to a parking lot.”; 2) That the main exterior door for room 103, shown on page 5.00 labeled “building plan” in Exhibit B, be labeled as “exit only”; and 3) That the shrubs shown on the southwest corner of the property on the landscape plan, shown as page L1.01 on Exhibit B, connect to the existing shrubs on Lot 1, Block 1, Trophy Club Village Centre. Council Member Kurtz inquired if 15 minutes was the standard amount of time for a dog to be placed in a dog run. Dr. Rachel Speed Webster stated that the 15 minutes applied to the amount of time a dog could be left unattended. Town Planner Ruthven added that the 15 minutes came from the Town’s nuisance ordinance regarding barking dogs. Town Council Minutes June 14, 2016 Page 3 of 10 Council discussedthat how the ordinance wascurrently written;it would preclude the veterinary clinic from having a dog in the dog run longer than 15 minutes, even if it were attended by veterinarian staff. Mayor Pro Tem Lamont pointed out that the applicant preferred the black vinyl coated chain-link fencing. Mayor Sanders advised that the drawings have been approved that show wrought iron fencing, and if changed the applicant would have to provide a site plan drawing that displayed the change and submit it with their building permit. Discussion ensued regarding granting a waiver for the chain-link fencing as opposed to an amendment being made to the PD that would allow it throughout the PD. Dennis Sheridan, Chair of the P&Z Commission, stated that the waiver should be specific to their specific lot and block. Main Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve Ordinance No. 2016- 21 P&Z, amending Ordinance No. 2007-15, PD Planned Development District No. 27, Village Center, Permitted Uses, in order to allow the use of a Veterinary Clinic with an Outdoor Pet Run, and approve an amendment to the approved Site Plan on Lot 2, Block 1, Trophy Club Village Centre, located at 2600 Bobcat Boulevard, Case PD-AMD-16-049. Motion to Amend: Motion to Amend made by Council Member Rowe, seconded by Council Member Parrow, to state that the permitted uses be amended allowing the following use: 1) “Pet services including veterinarian (without outdoor kennels). Approved veterinary clinics may contain an outdoor pet run provided said area does not create a nuisance, does not contain unattended pets for a period longer than 15 minutes, and is visually screened from the view of any public area including but not limited to a parking lot.”; 2) That the main exterior door for room 103, shown on page 5.00 labeled “building plan” in Exhibit B, be labeled as “exit only”; 3) That the shrubs shown on the southwest corner of the property on the landscape plan, shown as page L1.01 on Exhibit B, connect to the existing shrubs on Lot 1, Block 1, Trophy Club Village Centre; and 4) Grant a waiver to permit the use of a vinyl coated chain-link fence on Lot 2, Block 1, Trophy Club Village Centre for the purposes of a pet run. Amended Motion passed unanimously. The vote was taken for the Main Motion as Amended, to approve Ordinance No. 2016-21 P&Z, amending Ordinance No. 2007-15, PD Planned Development District No. 27, Village Center, Permitted Uses, in order to allow the use of a Veterinary Clinic with an Outdoor Pet Run, and approve an amendment to the approved Site Plan on Lot 2, Block 1, Trophy Club Village Centre, located at 2600 Bobcat Boulevard, Case PD-AMD-16-049; and to state that the permitted uses be amended allowing the following use: 1) “Pet services including veterinarian (without outdoor kennels). Approved veterinary clinics may contain an outdoor pet run provided said area does not create a nuisance, does not contain unattended pets for a period longer than 15 minutes, and is visually screened from the view of any public area including but not limited to a parking lot.”; 2) That the main exterior door for room 103, shown on page 5.00 labeled “building plan” in Exhibit B, be labeled as “exit only”; 3) That the shrubs shown on the southwest corner of the property on the landscape plan, shown as page L1.01 on Exhibit B, connect to the existing shrubs on Lot 1, Block 1, Trophy Club Village Centre; and 4) Grant a waiver to permit the use of a vinyl coated chain-link fence on Lot 2, Block 1, Trophy Club Village Centre for the purposes of a pet run. Main Motion as Amended passed unanimously. Council Member Shoffner thanked the applicant and stated that he was pleased that they were opening within the Town. 13. Consider and take appropriate action regarding an Ordinance amending Ordinance No. 95-20 P&Z and Ordinance No. 2016-02 P&Z, PD Planned Development District No. 13 in order to amend certain development requirements and the approved signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive. Case PD-AMD-16-048 (Staff). Town Planner Ruthven advised that the applicant, Dusty Dennis, was requesting amendments to the approved sign plan and landscape plan for the new Meat U Anywhere restaurant located at 91 Trophy Club Drive. Town Council Minutes June 14, 2016 Page 4 of 10 Motion: Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Ordinance No. 2016- 22 P&Z, amending Ordinance No. 95-20 P&Z and Ordinance No. 2016-02 P&Z, PD Planned Development District No. 13 in order to amend certain development requirements and the approved signage plan for Meat U Anywhere restaurant, on Lot 3, The Village, located at 91 Trophy Club Drive, Case PD-AMD-16-048. Motion passed unanimously. 14. Consider and take appropriate action regarding Harmony Park parking lot and Independence Park West parking lot adjacent to the Veterans Memorial; receive a presentation from Teague Nall & Perkins; discussion of same (Staff). Town Engineer Rutledge provided an update regarding the parking lot improvements at the Veterans Memorial, based on feedback from the May 10, 2016 Council meeting. He displayed an exhibit of the revised Option C design for the Veterans Memorial parking lot with 67 parking spaces and 20 golf cart parking spaces. Council Member Shoffner noted that the prior proposed addition of two golf cart parking spaces closer to the Memorial could be done in-house. Council Member Reed was in favor of leaving an opportunity in the southwest corner, in the green space next to the Memorial, for a sloped curb to add pavers in the future for the two golf cart parking spaces. Council agreed to proceed with pavers for all the golf cart parking spaces. Dennis Sheridan, Chair of the P&Z Commission, inquired if the rule of 12 parking spaces between landscaping applied to this particular location, and if it did then Council could waive that requirement. Town Engineer Rutledge stated that he would research the requirement, but pointed out that after Council approves a design they would proceed with design and bid. Town Engineer Rutledge provided an update regarding the parking lot improvements at Harmony Park. He displayed exhibits of the revised Option B, with 48 parking spaces and 20 golf cart parking spaces, and the revised Option C, with 52 parking spaces and 20 golf cart parking spaces. Additionally, he presented a new design, Option D, with 71 parking spaces and 20 golf cart parking spaces. Council Member Shoffner inquired if the Musco Lighting system was avoided in the design of Option D. Town Engineer Rutledge responded that they would make sure to avoid the system when the property was surveyed, and if the need arose, they could relocate the handicap parking spaces and create an island. Main Motion: Main Motion made by Council Member Rowe, seconded by Council Member Shoffner, to direct Staff to work with TNP to move forward with the Independence West Parking Lot Option C as presented at the dais with additional consideration for changes to curbs to encourage future golf cart parking space usage, and move forward with the Harmony Park Proposed Parking Option D as presented at the dais. Motion to Amend: Motion to Amend made by Council Member Reed, seconded by Council Member Shoffner, to direct the Parks Department to find an adequate substitution for the existing storage space. Council Member Shoffner commented that he has identified a location that could be used for storage. The vote for the Motion to Amend was taken, to direct the Parks Department to find an adequate substitution for the existing storage space. Motion to Amend passed unanimously. Town Council Minutes June 14, 2016 Page 5 of 10 The vote was taken for the Main Motion as Amended, to direct Staff to work with TNP to move forward with the Independence West Parking Lot Option C as presented at the dais with additional consideration for changes to curbs to encourage future golf cart parking space usage, and move forward with the Harmony Park Proposed Parking Option D as presented at the dais; and to direct the Parks Department to find an adequate substitution for the existing storage space. Main Motion as Amended passed unanimously. 15. Receive an update from Staff regarding the upcoming July 4th Celebration; discussion of same (Staff). Parks and Recreation Director Adams provided an update regarding the upcoming July 4th Celebration, which included the following: Patriot 5K and Fun Run; Parade of Patriots; Celebration and Fireworks; Parade Route, and Locations for Golf Cart Parking and Wristbands. Council Member Shoffner inquired if the Celebration and Fireworks was free for residents and $10 for non- residents. Parks and Recreation Director Adams stated that the Celebration and Fireworks was a free event for all and the $10 would be a fee for specific items, such as the bounce houses and facing painting. Mayor Sanders pointed out that Homewood Suites and Holiday Inn could be removed from the flyer since they would not be open in time for the event. Discussion took place regarding having the ability for residents to receive their wristbands prior to the event. Additional conversation ensued about the parade moving at a faster pace compared to the last couple of years and to tighten up the gaps between vehicles. Council Member Parrow advised that the Stars and Stripes Committee discussed those issues at their last meeting. Council Member Kurtz inquired about the planned amount of lines for distributing wristbands. Parks and Recreation Director Adams responded that they planned to have four lines. Council agreed to have an alternate site for residents to receive their wristbands prior to the event. No action was taken on this item. 16. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2016-08 to make an appointment to the Animal Shelter Advisory Board to fill the remainder of an unexpired term; reaffirming existing appointments; reaffirming the Chair and the Council Liaison; and providing an effective date (Staff). Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to repeal Resolution No. 2016-08 and approve Resolution No. 2016-15 appointing Pamela Swan to fill the remainder of an unexpired term; reaffirming existing appointments; reaffirming the Chair and the Council Liaison; and providing an effective date of June 14, 2016. Motion passed unanimously. 17. Consider and take appropriate action regarding a Resolution to make appointments to the Building Standards Commission and designate a person to serve as Chair; and providing an effective date (Staff). Mayor Sanders explained that this item would be discussed during Executive Session in order for the Town Council Appointments Committeeto provide an update to the Council. After reconvening from Executive Session, Council came back to Item No. 17 to take action. Town Council Minutes June 14, 2016 Page 6 of 10 Motion: Motion made by Council Member Rowe, seconded by Council Member Parrow, to approve Resolution No. 2016- 16, making the following appointments to the Building Standards Commission with an effective date of June 14, 2016: 1.Mark Hamil – expiring 2018 2.John Murtaugh – expiring 2018 3.Jeff Sims - expiring 2018 4.Sean Cannon – expiring 2017 5.Peter Blanchard – expiring 2017 and appointed as Chair 6.Jack Ormond – expiring 2018 and appointed as Alternate Motion passed unanimously. 18. Consider and take appropriate action regarding appointing three (3) Council Members to a Council Subcommittee formed for the purpose of providing fiduciary oversight of the budget, as well as providing input regarding the administration of the budget and the budget process (Staff). Assistant Town Manager/CFO Glickman advised that the Council Subcommittee would also serve as the Audit Committee. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to appoint Mayor Sanders, Mayor Pro Tem Lamont, and Council Member Parrow to serve on the Council Subcommittee formed for the purpose of providing fiduciary oversight of the budget, as well as providing input regarding the administration of the budget and the budget process. Motion passed unanimously. 19. Consider and take appropriate action regarding appointing the Mayor and two (2) Council Members to the Town Council Appointments Committee (Staff). Motion: Motion made by Council Member Reed, seconded by Council Member Shoffner, to appoint Mayor Sanders, Council Member Rowe, and Council Member Kurtz to serve as the Town Council Appointments Committee. Council Member Rowe believed that the current appointment process has provided a better insight for the Council of all the board and commission applicants. Council agreed to proceed with having appointments made at the same meeting when the Town Council Appointments Committee provides an update to the Council during Executive Session. The vote was taken. Motion passed unanimously. 20. Consider and take appropriate action regarding General Fund Revenue items (Staff). Assistant Town Manager/CFO Glickman provided an update regarding General Fund Revenue items, which included: Property Tax Rate by Year; Property Tax Revenue by Year; Property Tax Detail; Sales Tax Revenue by Year; Sales Tax Detail; Franchise Fees by Year; Franchise Fee Detail; Licenses and Permits by Year; Licenses and Permits Detail; Charges for Service by Year; Fines and Fees by Year; Miscellaneous Revenue by Year; Investment Revenue by Year; Revenue for Proposed Fiscal Year 2017; Revenue Total; and Revenue Detail. Council Member Shoffner inquired if the mixed beverage sales tax estimates for Fiscal Year 2017 included Breadwinners. Assistant Town Manager/CFO Glickman responded that Breadwinners was included and added that the Town would receive their sales tax quarterly. Town Council Minutes June 14, 2016 Page 7 of 10 Mayor Sanders commented that based on discussion of the effect on the tax rate if the Town acquired the assets of the Fire Department, he suggested to Staff to plan on absorbing the majority of the increase without increasing taxes. He explained that this could possibly be done by delaying some capital projects to proceed with that type of decision. No action was taken on this item. 21. Provide direction to Staff regarding Town Council Future Agenda Item No. 4, Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016) Mayor Sanders advised that this item would allow for discussion to possibly allow for special estate and moving sales that occur between the Spring and Fall garage sales that are hosted by the Trophy Club Women’s Club. Council Member Rowe supported keeping the item on the list. No action was taken on this item. 22. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for June 28, 2016 meeting and discussion of Future Agenda Items, to include discussion of the below items from the Future Agenda list: This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. A) Item No. 1 - Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014) (2-Feb 10, 2015) (3-May 12, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) (7-June 14, 2016) Assistant Town Manager/CFO Glickman advised that this item will come before the Council through a proposal. B) Item No. 2 - Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) (7-June 14, 2016) Assistant Town Manager/CFO Glickman advised that Town Staff are continuing to work on this item. C) Item No. 3 - Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016) Assistant Town Manager/CFO Glickman advised that available funds will be expended on the proposed parking lot improvements at the Veterans Memorial and at Harmony Park. D) Item No. 5 - Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016) Assistant Town Manager/CFO Glickman advised that the plan is to bring before the Council a proposal to have 365 days of operating reserves, but he advised that the Town would be out of policy for about 10 years. Town Council Minutes June 14, 2016 Page 8 of 10 E)Item No. 9 - Discussion of Green Ribbon grants for the beautification along the sound wall on State Highway 114. (Sanders 3/8/2016) (1-June 14, 2016) Mayor Sanders commented that when the sound wall along State Highway 114 is installed, this item would assist with shrubbery and landscaping through a grant application. F) Item No. 10 - Explore regulations and guidelines to allow for golf cart use and parking in Town parks. (Shoffner and Reed 3/8/2016) (1-June 14, 2016) Assistant Town Manager/CFO Glickman advised that it was anticipated to take action on this item at the July 12, 2016 Council meeting through an Ordinance amendment. Mayor Pro Tem Lamont requested to add an item to the Town Council Future Agenda Items list: Discussion of radiant barrier, gas lines in attics, and lightning resisters due to recent fires that occurred in the Town over the weekend due to lightning strikes. Development Services Manager Cooke advised that the current Electrical Code addresses the issues with gas lines being installed in attics for new homes, as well as for homes that go through a remodeling permit. He recommended following the Code and if any amendments were needed, those would be brought forward for Council’s approval. After discussion, Council agreed not to add the item to the Town Council Future Agenda Items list and instead allow the Electrical Code to cover the items. Mayor Sanders requested to add an item to the June 28, 2016 Agenda: Consider and take appropriate action regarding the Town’s offer to take over Trophy Club Municipal Utility District (TCMUD) No. 1 debt for the Fire Station building and the capital lease of the ladder truck, and the purchase of all wholly and jointly owned assets of the Fire Department. Additionally, he requested to remove Item No. 3 from the Town Council Future Agenda Items list: Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1-July 14, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016) Discussion took place that it appeared that there would not be any issues resolving the billing services for trash and drainage with TCMUD No. 1. Council Member Reed requested to remove Item No. 13 from the Town Council Future Agenda Items list: Receive a presentation regarding options for Fire and EMS. (Reed 4/26/2016) (1-August 9, 2016) EXECUTIVE SESSION 23. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Building Standards Commission CONVENED INTO EXECUTIVE SESSION - START TIME – 8:51 P.M. RECONVENED INTO REGULAR SESSION - START TIME – 9:11 P.M. Town Council Minutes June 14, 2016 Page 9 of 10 RECONVENED INTO REGULAR SESSION 24. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. (Town Secretary Note: The action was taken through Item No. 17) ADJOURN Motion made by Council Member Parrow, seconded by Council Member Kurtz, to adjourn the meeting at 9:14 p.m. Motion passed unanimously. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes June 14, 2016 Page 10 of 10 This information is provided to you by: Town of Trophy Club Public Improvement District 100 Municipal Drive, Trophy Club, Texas 76262, Phone: (682) 831-4600 Contact: Pat Cooke, Infrastructure and Community Development Manager You may be more vulnerable than the general population to certain microbial contaminants, such as This report is a summary of the quality of the water we Cryptosporidium, in drinking water. Infants, some provide our customers. The analysis was made by using the elderly, or immunocompromised persons such as those data from the most recent U.S. Environmental Protection undergoing chemotherapy for cancer; those who have Agency (EPA) required tests and is presented in the undergone organ transplants; those who are undergoing following pages. We hope this information helps you treatment with steroids; and people with HIV/AIDS or become more knowledgeable about what is in your drinking other immune system disorders can be particularly at water. Should you have questions or need additional copies risk from infections. You should seek advice about of this report, please call the Town office at (682) 831-4600. drinking water from your physician or health care The report is also available on our website at provider. Additional guidelines on appropriate means to www.trophyclub.org. lessen the risk of infection by Cryptosporidium are available from the Safe Drinking Water Hotline at (800) Public Participation Opportunities 426-4791. Date: July 12, 2016 Time: 7:00 p.m. Location: Svore Administration Building The sources of drinking water (both tap water and 100 Municipal Drive bottled water) include rivers, lakes, streams, ponds, Trophy Club, TX 76262 En Español reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves Este informe incluye información importante naturally-occurring minerals, and in some cases, sobre el agua potable. Si tiene preguntas o radioactive material, and can pick up substances comentarios sobre éste informe en español, favor de resulting from the presence of animals or from human llamar al tel. (682) 831-4600 para hablar con una activity. Contaminants that may be present in source persona bilingüe en español. water before treatment include: Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, and agricultural livestock operations. Our drinking water is purchased from Trophy Club Municipal Utility District No. 1. The District obtains our water from both Inorganic contaminants, such as salts and surface and groundwater sources. Surface water is metals, which can be naturally-occurring or purchased from the City of Fort Worth and its sources are result from urban storm water runoff, industrial Lake Worth, Eagle Mountain Lake, Lake Bridgeport, or domestic wastewater discharges, oil and gas Richland Chambers Reservoir, Cedar Creek Reservoir, and production, mining, or farming. the Clear Fork Trinity River (from Lake Benbrook). Pesticides and herbicides, which may come Groundwater sources are from four wells including three from a variety of sources such as agriculture and from the Paluxy Aquifer and one from the Trinity Aquifer. The urban storm water runoff, and residential uses. Texas Commission on Environmental Quality (TCEQ) Organic chemical contaminants, including completed an assessment of your drinking water sources synthetic and volatile organic chemicals, which and the report describes the susceptibility and types of are by-products of industrial processes and constituents that may come into contact with your drinking petroleum production, and can also come from water source based on human activities and natural gas stations, urban storm water runoff, and conditions. Trophy Club Municipal Utility District No.1 septic systems. received the assessment report. For more information on Radioactive contaminants, which can be source water assessments and protection efforts at our naturally-occurring or be the result of oil and gas system, contact Pat Cooke at (682) 831-4600. production and mining activities. When drinking water meets federal standards there may not be any health based benefits to purchasing bottled water or point-of-use devices. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. In order to ensure tap water is safe to drink, the EPA and TCEQ prescribe regulations which limit the amount of certain contaminants in water provided by public water systems. FDA regulations establish limits for contaminants in bottled water, which must provide the same protection for public health. More information about contaminants and potential health effects can be obtained by calling the EPA's Safe Drinking Water Hotline at (800) 426-4791. The table in this report lists all the drinking water contaminants we detected during tests conducted from the previous calendar year, unless otherwise noted. The state requires us to monitor for certain contaminants less than once per year because the concentrations of these contaminants are not expected to vary significantly from year to year. Therefore, some of the data, though representative of the water quality, is more than one year old. Many constituents (such as calcium, sodium or iron) which are often found in drinking water, can cause taste, color and odor problems. The taste and odor constituents are called secondary constituents and are regulated by the State of Texas, not the EPA. These constituents are not causes for health concerns. Therefore secondary constituents are not required to be reported in this document but they may greatly affect the appearance and taste of your water. The pages that follow list all of the federally regulated or monitored contaminants which have been found in your drinking water. The United States Environmental Protection Agency (EPA) requires water systems to test up to 97 constituents. Please note that not all constituents are required to be sampled every year. Only the most recent year for sampling of a constituent is included in the report. Action Level (AL): The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow. Action Level Goal (ALG): The level of a contaminant in drinking water below which there is no known or expected risk to health. ALGs allow for a margin of safety. Maximum Contaminant Level (MCL): The highest permissible level of a contaminant in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology. Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is no known or expected health risk. MCLGs allow for a margin of safety. Maximum Residual Disinfectant Level (MRDL): The highest level of disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants. Maximum Residual Disinfectant Level Goal (MRDLG): The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contamination. Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinking water. MFL - million fibers per liter (a measure of asbestos) pCi/L - picocuries per liter (a measure of radioactivity) N/A - not applicable ppm - parts per million, or milligrams per liter (mg/l) NTU - Nephelometric Turbidity Units ppb - parts per billion, or micrograms per liter (ug/l) ppq - parts per quadrillion, or picograms per liter mrem/yr – millirems per year ppt - parts per trillion, or nanograms per liter ND – (not-detectable) lab analysis indicates not present Maximum Residual Disinfectant Level Average Minimum Maximum Unit of Violation Year Disinfectant MRDL MRDLG Source of Disinfectant Level Level Level Measure (Y or N) Chloramine Residual Disinfectant used to control 2015 2.5 1.0 2.7 4.0 <4.0 ppm N (Total Chlorine) microbes. Disinfection By-Products Highest Level Range of Unit of Violation Year Contaminant MCL Source of Contaminant Detected* Levels Detected Measure (Y or N) HAA5 Total 2015 7.6 4.1 – 14.2 60 ppb N Byproduct of drinking water disinfection. Haloacetic Acids Total 2015 9.5 5.38 – 9.74 80 ppb N Byproduct of drinking water disinfection. Trihalomethanes *Highest level detected is based on a running annual average calculated from quarterly samples as required by TCEQ. Organic Contaminants TESTING WAIVED, NOT REPORTED, OR NONE DETECTED Inorganic Contaminants Highest Range of Unit of Violation Year Contaminant Level Levels MCLG MCL Source of Contaminant Measure (Y or N) Detected Detected Decay of asbestos cement water mains; 2013 Asbestos ND ND 7 7 MFL N erosion of natural deposits. Nitrate * Runoff from fertilizer use; leaching from 2015 (measured as 0.38 0.72 – 0.72 10 10 ppm N septic tanks, sewage; erosion of natural nitrogen) deposits. Runoff from fertilizer use; leaching from 2013 Nitrite ND ND 10 10 ppm N septic tanks, sewage; erosion of natural deposits. *Nitrate Advisory: Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant you should ask advice from your health care provider. Lead and Copper No. of Sites th The 90 Action Unit of Violation Year Contaminant Exceeding MCLG Source of Contaminant Percentile Level Measure (Y or N) Action Level Corrosion of household plumbing systems; 2014 Lead 0.0017 0 0.015 0 ppm N erosion of natural deposits. Corrosion of household plumbing systems; 2014 Copper 0.091 0 1.3 1.3 ppm N erosion of natural deposits; leaching from wood preservatives. If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The Town of Trophy Club is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead. Turbidity (Source Water: Trophy Club MUD No. 1 Purchased from the City of Fort Worth) Highest Lowest Monthly % Turbidity Unit of Violation Source of Year Contaminant MCL MCLG Single of Samples Limits Measure (Y or N) Contaminant Measurement Meeting Limits 2015 Turbidity TT N/A 0.5 98.9% 0.3 NTU N Soil runoff. Turbidity is a measure of the cloudiness of water and has no health effects. It is monitored because it is a good indicator of the effectiveness of the filtration system. Microbiological Contaminants Lowest Monthly % Highest Single Violation Year Contaminant MCL of Samples Source of Contaminant Measurement (Y or N) Meeting Limits 2015 Fecal Coliform & E. Coli N/A N/A N/A N Human and animal fecal waste. One positive 2015 Total Coliform Bacteria 0 100% N Naturally present in the environment. monthly sample. Total Coliform Bacteria are used as indicators of microbial contamination of drinking water because testing for them is easy. While not disease-causing organisms themselves, they are often found in association with other microbes that are capable of causing disease. Coliform are more hardy than many disease-causing organisms; therefore, their absence from water is a good indication that the water is microbiologically safe for human consumption. Total Organic Carbon (Source Water: Trophy Club MUD No. 1 Purchased from the City of Fort Worth) Highest Lowest Violation Year Contaminant MCL MCLG Average Source of Contaminant Measurement Measurement (Y or N) TT = 2015 Total Organic Carbon N/A 1.0 1.0 1.0 N Naturally occurring. % removal Total Organic Carbon is used to determine disinfection by-product precursors. The City of Fort Worth was compliant with all monitoring and treatment technique requirements for disinfection by-product precursors. Year-Round Outdoor Watering Restrictions In Effect Please water outdoors in accordance with the following schedule: Residential addresses ending in numbers may water on even Wednesday and Saturday. Residential addresses ending in numbers may water on odd Thursday and Sunday. Non-residential locations (commercial, HOA, common areas, medians, etc.) may water on Tuesday and Friday. No watering is permitted on Monday. No watering is permitted between 10:00 am and 6:00 pm on any day. These restrictions are mandatory and will be enforced in accordance with Section XI of the Drought Contingency and Emergency Water Management Plan. Violators are subject to administrative penalties and/or citations by law enforcement. To: Mayor and Town Council From:Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary/RMO Re: Fiscal Year 2016 – 3rd Quarter Investment Report Town Council Meeting, July12, 2016 Agenda Item: Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2016 (Staff). Explanation: The Town’s current interest bearing accounts have an ending balance of $19,266,041.82 as of June 30, 2016, which is an increasefrom $10,621,665.91 on April 1, 2016. The increase can be primarily attributed to proceeds received for the 2016 GO & CO debt issuances. Interest earnings for the quarter total $20,512.39 – which is an increase of $17,550.97 from the third quarter investment report in FY 2015. The average yield of a 6 month treasury bill, which the Town uses as a performance benchmark, for the thirdquarter was .393%, while Town investments earned .55% for the thirdquarter. The third quarter investment earnings were from the following investments: $159.41 was earned from an interest bearing account at First Financial Bank; $2,571.67 was earned from investment accounts at TexPool; $1,108.43 was earned from investment accounts at LOGIC; $4,122.59 was earned from investment accounts at First Public; $8,246.10 was earned from investment accounts at Texas CLASS; and $4,304.19 wasearned from Certificates of Deposit. The averageyield for interest bearing accounts during the thirdquarter was 0.15% at First Financial, .35% at TexPool, 0.54% at LOGIC, 0.52% at First Public, 0.61% and Texas CLASS, and 0.74% on Certificates of Deposit. The Town’s deposits at First Financial Bank and Comerica Bank are collateralized by government securities. Attachments: Third Quarter FY 2016 Investment Report Recommendation: Staff recommends approval of the Third Quarter Investment Report for Fiscal Year 2016. Page 1 of 1 TownofTrophyClub QuarterlyInvestmentReport FortheQuarterEndedJune30,2016 FirstFinancialBank BeginningEndingLife InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield FirstFinancialPooledCash$356,258.10$3,088,525.34$(3,144,699.67)$159.41$300,243.1810.15% FirstFinancialTotals$356,258.10$3,088,525.34$(3,144,699.67)$159.41$300,243.18 10.15% TexPoolBeginningEndingLife InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield TexPoolInterestandSinkingAccount$1,236,564.23$47,594.01$(10,205.00)$1,088.71$1,275,041.9510.35% TexPoolDesignatedAccount147,681.171,153,227.55(1,057,513.80)329.76243,724.6810.35% TexPoolGrantFund99.8699.8610.35% TexPool2010TaxNotes41,182.9835.6641,218.6410.35% TexPool5MParkBond201015,357.87(15,366.43)8.5610.35% TexPool2013CO71,133.38(46,057.08)33.1025,109.4010.35% TexPoolUtilityDrainageAccount141,965.90137,944.37(7,901.24)191.07272,200.1010.35% TexPool2014CO766,769.59(111,240.99)586.61656,115.2110.35% TexPoolEDC4BOperating382,394.0516,431.31(108,508.29)286.07290,603.1410.35% TexPool2015COEDC4B14,231.9012.1314,244.0310.35% TexPoolTotals$2,817,380.93$1,355,197.24$(1,356,792.83)$2,571.67$2,818,357.01 10.35% LOGIC BeginningEndingLife InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield LOGICDesignated$1,255,535.85$$(100,000.00)$1,108.43$1,156,644.2810.54% LOGICTotals$1,255,535.85$$(100,000.00)$1,108.43$1,156,644.28 10.54% FirstPublic BeginningEndingLife InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield FirstPublic2014TaxNote$87,752.32$$(87,794.07)$41.75$10.52% FirstPublicDesignated3,654,327.8987,794.07(750,000.00)4,080.842,996,202.8010.52% FirstPublicTotals$3,742,080.21$87,794.07$(837,794.07)$4,122.59$2,996,202.80 10.52% TexasCLASS BeginningEndingLife InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield TexasCLASS2016GO$$5,400,000.00$$4,555.36$5,404,555.3610.61% TexasCLASS2016CO4,375,000.003,690.744,378,690.7410.61% FirstPublicTotals$$9,775,000.00$$8,246.10$9,783,246.10 10.61% CertificatesofDepositBeginningEndingLife InvestmentDescriptionBalanceDepositsWithdrawalsInterestBalance(days)Yield ComericaBank(GeneralFund)$1,006,208.85$$$1,821.85$1,008,030.703250.72% SantanderBank(GeneralFund)240,692.38388.94241,081.321120.65% MizuhoBank(GeneralFund)240,532.60298.68240,831.28200.50% AllyBank(GeneralFund)240,899.84(1,022.79)508.59240,385.642960.85% CenturionBank(GeneralFund)241,224.99(1,383.78)688.11240,529.324791.15% WellsFargoBank(GeneralFund)240,000.00490.19240,490.196591.05% CapitalOneBank(HotelOccupancyFund)240,426.08(240,481.31)55.2300.40% BealBank(50%EDC4B,50%DrainageUtility)240,426.08(240,478.68)52.6000.40% CertificateofDepositTotals$2,450,410.82$240,000.00$(483,366.56)$4,304.19$2,211,348.45 3180.74% TotalCash&Investments$10,621,665.91$14,546,516.65$(5,922,653.13)$20,512.39$19,266,041.82 370.55% (1)(2) (1)Weightedaveragelife Forpurposesofcalculatingweightedaveragelife,poolandbankaccountinvestmentsareassumedtohaveaonedaymaturity. (2)Weightedaverageyieldtomaturity Theweightedaverageyieldtomaturibasedonadjustedbookvalue,realizedandunrealizedgains/lossesarenotconsidered. tyis TheundersignedservesastheInvestmentOfficerfortheTownofTrophyClub.IcertifythatallinstrumentsheldintheTown'sinvestmentportfoliosfortheperiodApril1,2016 throughJune30,2016(a)mettheinvestmentguidelinesandcompliedwiththeinvestmentstrategiesasauthorizedbytheTown'sInvestmentPolicies,and(b)didnotviolate anyapplicableprovisionsofsection2256oftheGovernmentCodeofTexas. INVESTMENTOFFICERDATE 07/05/2016 StevenGlickman AssistantTownManger/CFO THE STATEOFTEXAS § COUNTY OFDENTON § INTERLOCALCOOPERATIONAGREEMENTFORTAX COLLECTION BETWEENDENTONCOUNTY,TEXAS,AND CITY/TOWNOF TrophyClub THISAGREEMENT ismadeandenteredintothis DENTONCOUNTY day of 201,byandbetween, a political COUNTY, subdivision of the State of Texas,hereinafterreferredto as"," andthe TrophyClub City/Town of, DentonCounty,Texas,alsoapolitical MUNICIPALITY." subdivision of theStateofTexas,hereinafter referredto as" WHEREAS,COUNTYMUNICIPALITY andmutuallydesiretobesubjectto the provisions of V.T.C.A. Government Code, Chapter 791, the InterlocalCooperation Act,andV.T.C.A.,TaxCode,Section 6.24 and25.17and; WHEREAS,MUNICIPALITYCOUNTY has the authority tocontractwith the COUNTYMUNICIPALITY for the toactastaxassessorandcollectorforand COUNTY has the authority to so act; NOWTHEREFORE,COUNTYMUNICIPALITY, andforandin consideration of the mutual promises, covenants, andagreementsherein contained, do agreeas follows: I. st TheeffectivedateofthisAgreement shall bethe1dayof October, 201.The term ofthis Agreement shallbefor a period of oneyear,fromOctober1, 201, to and through September30, 201. This Agreement shall be automaticallyrenewedfor an additional one COUNTYMUNICIPALITY (1) yeartermat the discretionoftheand, unless written notice oftermination isprovidedbytheterminatingpartytotheotherpartypriorto one hundred- fifty(150)days of the expiration date ofthecurrentterm ofthe Agreement. MUNICIPALITY agrees to deliverthis agreementno laterthan September, 201 COUNTY in manner requiredbyto fully executesaid COUNTY collectionservicesby. II. COUNTY For the purposesand consideration hereinstatedandcontemplated, MUNICIPALITY shall provide the followingnecessaryand appropriate servicesforto the maximumextentauthorizedbythisAgreement,withoutregardtorace,sex,religion, color,age,disability, or national origin: COUNTY 1.,byandthroughits duly qualified taxassessor-collector,shall serve as taxassessor-collectorforpsinof the MUNICIPALITY foradvaloremtaxcollectionfortaxyear201,andeachtaxyearfor COUNTY the duration ofthisAgreement.agreesto performallnecessaryadvalorem MUNICIPALITYMUNICIPALITY assessingandcollectingdutiesforanddoes COUNTY herebyexpresslyauthorizetodoandperformallactsnecessaryandproperto MUNICIPALITY.COUNTY assess andcollecttaxesforagreestocollect basetaxes, penalties,interest, and attorney's fees. COUNTY 2.agrees to prepareandmail all current and delinquent tax statementsrequiredbystatute,supplementalchangesforapplicable property accounts, aswellasprepareandmailany other mailingasdeemednecessaryand appropriate by COUNTYMUNICIPALITY; ; provide daily and monthlycollection reports to preparetaxcertificates; develop andmaintain both currentand delinquent taxrolls, MUNICIPALITY disburse taxmoniestodaily (business day)based on prior daytax COUNTY postings. agreesto approve andrefund overpayment or erroneous payment of MUNICIPALITY taxesforpursuant toTexasPropertyTax code Sections 31.11 and MUNICIPALITY 31.12fromavailablecurrenttaxcollections of ; meet the requirements of Section 26.04 of the TexasTaxCode;andto develop andmaintainsuch other recordsandformsasare necessaryorrequiredbyState law, rules, or regulations. COUNTY 3.furtheragreesthatitwillcalculate the effectivetaxratesand MUNICIPALITY rollback taxratesforandthatsuchcalculationswill be provided at MUNICIPALITY noadditionalcostto. Theinformation concerning theeffectiveand rollback taxrateswill be published in the formprescribedby the Comptroller of Public Accounts of the State of Texas,andasrequiredbySection 26.04 of V.T.C.A. Tax Code. MUNICIPALITY shall notify taxassessor-collector no laterthan July 25th of eachyear MUNICIPALITY thatwishespublication of forms or notices specifiedinthissection. MUNICIPALITYCOUNTY furtheragreesthatifcalculateseffectiveandrollbacktax COUNTY MUNICIPALITY. rates,shall publish the requirednotices on behalf of Itis understood andagreedby thepartiesthattheexpense of publicationshall be borne MUNICIPALITYCOUNTYMUNICIPALITY’ byandthatshall provide s billing address to the newspaper publishing the effective androllbacktaxrates. COUNTY 4.agrees, upon request, to offer guidance and the necessaryforms for posting notices of requiredhearingandquarter-pagenoticesasrequiredby Sections 26.05 and 26.06 of V.T.C.A. Tax Code and Section 140.010 of Local Government MUNICIPALITY Code, ifrequestssuch 7 days in advance of the intended COUNTY publicationdate,agreestomanageallnotices and publications on behalf of MUNICIPALITY MUNICIPALITY ifrequestisreceived no later than July 25th. must COUNTY approve allcalculationsand notices, in the formatrequiredby, before publicationmay proceed.Theaccuracyandtimeliness of allrequirednoticesare the MUNICIPALITY. responsibility of MUNICIPALITY 5.Should vote toincreaseitstaxrate above the rollback taxrate the required publication of noticesshall be the responsibilityof MUNICIPALITY. COUNTY 6.agreestodevelopandmaintainwrittenpoliciesand procedures COUNTY of its operation. further agreestomakeavailablefull information about the MUNICIPALITY operation of the County TaxOfficeto, andto promptly furnish MUNICIPALITY writtenreportstokeepinformed of allfinancialinformationaffecting it. MUNICIPALITYCOUNTY 7.agreesto promptly delivertoallrecords thatithasaccumulatedand developed in the assessmentandcollectionoftaxes,andto cooperate infurnishing or locatingany other informationandrecordsneededby COUNTY to performits duties under the termsand conditions of thisAgreement. COUNTY 8.agreestoallowanaudit of the taxrecordsof MUNICIPALITYCOUNTY’S inpossession during normal working hours withatleast COUNTY 48 hours advance,written notice to.Theexpense of anyandallsuch audits MUNICIPALITY shall be paidby . A copyofanyandallsuchauditsshall be furnished COUNTY. to MUNICIPALITY,COUNTY 9.Ifrequiredbyagreestoobtain a surety bondfor the County TaxAssessor/Collector.Such bond will be conditioned upon the faithfulperformance of the TaxAssessor/Collector’slawfulduties,willbemadepayable MUNICIPALITY toandinanamountdeterminedby the governing body of MUNICIPALITY .The premium foranysuch bond shall be borne solely by MUNICIPALITY. COUNTY 10.agreesthat itwill post anotice on its website,as a reminderthatdelinquenttaxpenaltieswillapply toallassessedtaxeswhicharenot OUNTY paidby January31,201.Cagreestomailaremindernoticetodelinquent property accounts inthe month of Februarynotifyingthatdelinquenttaxpenaltieswill applytoallassessedtaxeswhicharenotpaidbyJanuary31,201.Thereminder noticeswillbemailedbetweenFebruary5and February 28 COUNTY 11.agreesthatit will post to a secure websitecollectionreportsfor MUNICIPALITY listingcurrenttaxes, delinquent taxes,penaltiesandinterest on a daily COUNTY basis through September 30, 201.will provide monthly Maintenanceand Operation (hereinafterreferred toas“MO”), and Interestand Sinking (hereinafter referredtoas“IS”)collection reports; provide monthly recap reports;andprovide monthly attorney fee collection reports. MUNICIPALITY 12.retainsitsrighttoselectitsown delinquent tax COUNTY collection attorney andagreestoreasonablycooperatewith the attorney MUNICIPALITY selectedbyin the collection of delinquent taxesandrelatedactivities. MUNICIPALITYCOUNTY 13.will provide withnotice of any change incollection attorney on or before the effective date of the new collection attorney contract. III. COUNTY herebydesignates the Denton County TaxAssessor/Collectortoact COUNTY on behalf of the County TaxOfficeandtoserveasLiaisonforwith MUNICIPALITY. The County TaxAssessor/Collector, and/or his/herdesignee,shall COUNTY ensure the performance of alldutiesandobligations of ; shall devote sufficient COUNTY timeandattentiontotheexecution of saidduties on behalf of infull compliancewith the termsand conditions ofthisAgreement;andshall provide immediateanddirect supervision of the County TaxOfficeemployees,agents, contractors,subcontractors, and/or laborers, ifany,in the furtherance of the purposes, COUNTY termsand conditions ofthisAgreementfor the mutual benefit of and MUNICIPALITY. IV. COUNTY accepts responsibility for the acts,negligence, and/or omissions COUNTY relatedto property taxservice of allemployeesandagents,sub-contractors and /or contractlaborers,andfor those actions of other persons doing work under a COUNTY contract or agreementwith to the extentallowedbylaw. V. MUNICIPALITY accepts responsibility for the acts,negligence, and/or MUNICIPALITY omissions of allemployeesandagents, sub-contractors and/or contract laborers, andfor those of all other persons doing work under a contract or MUNICIPALITY . agreementwithto the extentallowedbylaw VI. MUNICIPALITYMUNICIPALITY, understandsandagreesthatits employees, servants, agents,andrepresentativesshallat no timerepresentthemselvesto COUNTY.COUNTY be employees,servants,agents,and/orrepresentatives of COUNTY understands andagreesthat,itsemployees,servants,agents,and representativesshallatnotimerepresentthemselvesto be employees,servants,agents, MUNICIPALITY. and/or representatives of VII. MUNICIPALITY For the servicesrendered during the 201taxyear,agreesto COUNTY payforthereceipting, bookkeeping, issuing, andmailing of taxstatementsas follows: th 1.The currenttaxstatementswill be mailedbyOctober 10or as soon thereafteraspractical.Inordertoexpeditemailing of taxstatementsthe MUNICIPALITY mustadopttheir201taxratebySeptember 29, 201.Failure of the MUNICIPALITY to adopt ataxratebySeptember 29, 201maycausedelayintimely mailing of taxstatements. Pursuant toTexasPropertyTaxCode §26.05 the th MUNICIPALITY must adopt a tax rateby thelater of September 30or 60 daysafter the certified appraisalrollisreceived. Failuretoadopt and deliver a taxrateby thelater of th September30or 60 daysafter the certified appraisalrollisreceivedmayresultindelay MUNICIPALITYMUNICIPALITY ofprocessingandmailingtaxstatements.agreesto assume the costsforadditional delayed taxstatements, processing and mailingas COUNTY determinedby. Notwithstanding the provisions of the Tax Code, if MUNICIPALITY failstodeliverthe adopted taxrates(M&OandI&S)to the Tax AssessorCollectorbySeptember 29, 201,itmaywillcause a delayin the publicationand release of tax statements. COUNTY 2.willmailan additional notice during the month of March MUNICIPALITY followingtheinitialmailingprovidedthathasrequestedsuchanotice onorbeforeFebruary28.Thefeeforthisservicewillbearatenottoexceed $0. perstatement. 3.Atleast 30 days, but no morethan 60 days, prior to April 1st, and COUNTY following the initialmailing,shallmail a delinquent taxstatementmeeting the requirements of Section 33.11 of the Texas Property Tax Code tothe owner of each parcelto the owner of eachparcel having delinquent taxes. 4.Atleast 30 days, but no morethan 60 days, prior to July 1st, andfollowingthe COUNTY initialmailing,willmail a delinquent taxstatementmeeting the requirements of Section 33.07 of the TexasPropertyTax Code will be mailedto the owner of each parcel having delinquent taxes. st ,COUNTY 5.Foraccountswhich become delinquent on or after June 1 shallmail a delinquent taxstatementmeeting the requirements of Section 33.08 of the TexasPropertyTaxCode to the owner of eachparcel having delinquent taxes. 6.Inevent of a successful rollback electionwhichtakesplaceaftertaxbillsfor MUNICIPALITYMUNICIPALITYCOUNTY havebeenmailed,agreestopaya COUNTY programmingchargeof$5,000.00.willmailcorrectedstatementstotheownerof COUNTY eachparcel.willchargeafeeforthisserviceataratenottoexceed $0. perstatementpursuanttoPropertyTaxCodeSection26.07(f).Whena refundis COUNTY requiredperPropertyTaxCodeSection26.07(g),willchargea$.25processing feepercheck,inadditiontothecorrectedstatementmailingcosts.Issuanceof refunds, inthe COUNTY. eventofasuccessfulrollbackelection,willbetheresponsibilityof the MUNICIPALITY will be billed for therefunds, postage andprocessingfees. MUNICIPALITYCOUNTY 7.understands andagreesthatwill, no laterthan st MUNICIPALITY January 31,deductfromcurrentcollections o f t h e the “TotalCost”of providing allservicesdescribedinparagraphs 1-5 above.This“TotalCost” includes any suchservicesthat have not yetbeenperformedat the time of deduction. The“TotalCost” of providing allservicesdescribedinparagraphs 1-5 above shall be the totalof: $0.MUNICIPALITY’s x thetotalnumberofparcelslistedonSeptember30, 201 COUNTY Intheeventthat a rollback electionasdescribedinparagraph 6 takesplace, MUNICIPALITY shallbillfor the applicableprogrammingcharge,check processing MUNICIPALITYCOUNTY fees, refunds paid, and refund postagecosts.shall pay all billedamountswithin 30 days of itsreceipt of saidbill.In the eventcostsforadditional delayedtaxstatements,processingandmailingareincurredasdescribedinparagraph 1, COUNTYMUNICIPALITYMUNICIPALITY shallbillforsuchamounts.shallpay COUNTY allsuchbilledamountswithin 30 days of its receipt of saidbill. MUNICIPALITYCOUNTY 8.further understands andagreesthat(atits MUNICIPALITY sole discretion) mayincreaseordecrease the amounts chargedtofor COUNTY anyrenewalyear of thisAgreement, provided thatgiveswrittennoticeto MUNICIPALITY sixty(60)days prior to the expirationdate of the initialterm of the Agreement.The County BudgetOfficeestablishescollectionrates annually based on a COUNTY survey ofactual annual costsincurredbytheinperformingtaxcollection services.Thecollectionrateforeachyearis approved by County Commissioners’ Court. Allentitiesare assessedthe same per parcelcollectionrate. VIII. COUNTY agreestoremitalltaxes,penalties,andinterestcollected on MUNICIPALITY'sMUNICIPALITY’s behalf andto deposit such funds into the depositoriesas designated: 1.For deposits of tax,penalties,andinterest, payment shall be bywire MUNICIPALITY transfer or ACHtodepository accountsonly,andsegregatedintothe appropriate MOandISaccounts.Onlyin the event of failure of electronictransfer protocolwill a checkfor deposits of tax,penaltyandinterest be sentby mailto MUNICIPALITY . MUNICIPALITYCOUNTY, 2.Ifuses the same depository asthe deposits of tax, penaltyandinterest shall be by deposit transfer. COUNTY 3.Inanticipation of renewal of thisAgreement,further agrees that deposits will be madedaily through September 30, 201.Itisexpressly understood, COUNTY however, thatthis obligation of shall not survive termination of this Agreement, whetherbytermination byeitherparty or byfailure of the partiestorenew this Agreement. COUNTY 4.Ineventthatexperiences shortage incollectionsas a result MUNICIPALITYMUNICIPALITY of an outstanding tax debt of , the agrees a COUNTY payment in theamount of shortage shall be madebycheckor ACHto within 15 daysafter notification of suchshortage. IX. In the event of termination, the withdrawingpartyshall be obligatedtomakesuch payments asarerequiredby thisAgreementthrough the balance of the taxyearinwhich COUNTY notice isgiven.shall be obligated to provide servicespursuanttothis Agreement, during such period. X. MUNICIPALITY ThisAgreementrepresents the entireagreementbetweenand COUNTY andsupersedesall prior negotiations, representations, and/or agreements, eitherwritten or oral.ThisAgreementmaybeamendedonlybywritten instrument MUNICIPALITYCOUNTY signedby the governing bodies of both andor those authorized to sign on behalf of those governing bodies. XI. Anyandallwrittennoticesrequired to be given under this Agreement shall be delivered or mailed to the listedaddresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-349-2820 MUNICIPALITY: TrophyClub The City/Town of 100MunicipalDrive Address: TrophyClub,Texas,76262 City,State,Zip: 682-831-4600 sglickman@trophyclub.org Telephone:Email: XII. StevenGlickman MUNICIPALITY herebydesignatestoact on behalf MUNICIPALITYMUNICIPALITY of , andtoserveasLiaisonfortoensure the MUNICIPALITY performance of alldutiesandobligations of asstatedinthis MUNICIPALITY Agreement.’s designee shall devote sufficienttimeandattentionto MUNICIPALITY the execution of saidduties on behalf of infullcompliancewith the termsandconditions of thisAgreement;shall provide immediateanddirectsupervision MUNICIPALITY of the employees,agents,contractors,subcontractors, and/or laborers, ifany,in the furtherance of the purposes, termsand conditions of thisAgreementfor the MUNICIPALITYCOUNTY. mutual benefit of and XIII. In the eventthatany portion of thisAgreementshall be found to be contraryto law,itis the intent of the partiesthat the remaining portions shallremainvalidandinfull force andeffect to the extent possible. XIV. The undersigned officersand/oragents of the partiesare the properly authorized officialsand have the necessary authority toexecutethisagreement on behalf of the parties.Eachpartyherebycertifiesto the otherthatanyresolutionsnecessaryforthis Agreement have been duly passedandare now infullforce andeffect. Executed in duplicate originalsthis,day of201. COUNTYMUNICIPALITY Denton County Town/City: TrophyClub 110 West Hickory Address: 100MunicipalDrive Denton, Texas 76201 City,State,Zip: TrophyClub,Texas,76262 BY:BY: Honorable MaryHornName: Denton County Judge Title: ATTEST: ATTEST: BY:BY: Juli Luke Name Denton County ClerkTitle APPROVED FORMAND CONTENT:APPROVED ASTO FORM: Michelle French Denton County Denton County Assistant TaxAssessor/CollectorDistrict Attorney THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR PUBLIC IMPROVEMENT ASSESSMENT COLLECTION BETWEEN DENTON COUNTY, TEXAS AND TrophyClubPID1 PUBLIC IMPROVEMENT DISTRICT _______________________________________________ THIS AGREEMENT is made and entered into this ____________ day of ___________, DENTON COUNTY 20___,by and between , a political subdivision of the State of Texas, 16 COUNTY hereinafter referred to as "," and TownofTrophyClub , Denton County, ,CITY/TOWN." Texasalso a political subdivision of the State of Texas, hereinafter referred to as " WHEREAS, COUNTY CITY/TOWN and mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act; and WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code, Subchapter A, TrophyClubPID1 CITY/TOWN has created, hereinafter referred to as DISTRICT “,”and has levied special assessments on properties within the boundaries of the CITY/TOWN, and; WHEREAS, , CITY/TOWN pursuant to §372.0175 of the Texas Local Government Code COUNTY CITY/TOWN has the authority to contract with the to perform the duties ofrelating to DISTRICT collectionof special assessments levied by under Chapter 372, Subchapter A; and NOW THEREFORE, COUNTY CITY/TOWN, and for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: I. The effective date ofthisAgreement shall bethe1dayofOctober,201. The termof st thisAgreementshallbeforaperiod of oneyear,fromOctober1, 201, to andthrough September30, II. COUNTY For the purposes and consideration herein stated and contemplated, shall provide CITY/TOWN the following necessary and appropriate services for to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: COUNTY 1., by and through its duly qualified tax assessor-collector, shall collect DISTRICTCITY/TOWN assessmentsfor tax year 201.does hereby expressly authorize COUNTY COUNTY CITY/TOWN andagreesto do and perform for all acts necessary and proper DISTRICT. COUNTY to collectsaid assessmentsagrees to collect base assessments, penalties, interest, and attorney's fees. COUNTY 2.agrees to prepare and mail all assessment statements (includedon the tax CITY/TOWN, statement for each parcel,provide monthly collection reports to maintain both CITY/TOWN current and delinquent assessment rolls,disburse assessment monies to daily (business day) based on prior day assessment postings,and to develop and maintain such other records and forms as are necessary or required by State law, rules or regulations. COUNTYDISTRICT 3.If determines, based on assessment roll, that a person erred in DISTRICT payingaassessment by making a duplicate payment or payment on the wrong account, COUNTY agrees to refund the payment to the person who erred in makingit from current DISTRICT COUNTY assessment collections.agrees that such refundwillbe made as soon as COUNTY practicable after discovers the erroneous payment. The refund shall be accompanied by a description of the property subject to the assessmentsufficient to identify the property. If the COUNTY property is assigned an account number, shall include that number. COUNTYDISTRICT 4.If determines, based on assessment roll, that there has been DISTRICTCOUNTY an overpayment of a assessment, shall send the owner a refund application. COUNTY Upon owner’s return of the accurate and fully completed refund application, will issue, DISTRICT from current assessment collections, a refund of the overpayment. COUNTY 5.agrees to develop and maintain written policies andprocedures of its COUNTY operation. further agrees to make available full information about the operation of the CITY/TOWNCITY/TOWN County Tax Office to , and to promptly furnish written reports to keep informed of all financial information affecting it. CITY/TOWN COUNTY 6.agrees to promptly deliver to all records that it has accumulated and developed in the collection of assessments, and to cooperate in furnishing or COUNTY locating any other information and records needed by to perform its duties under the terms and conditions of this Agreement. COUNTY 7.agrees to allow an audit of the assessment collection records of CITY/TOWN COUNTY’S in possession during normal working hours with at least 48 hours COUNTY advance, written notice to . The expense of any and all such audits shall be paid by CITY/TOWNCOUNTY. . A copy of any and all such audits shall be furnished to 8. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent assessment penalties will apply to all assessments which are not paid by January 31, 201. COUNTY agrees to mail a reminder notice to delinquent assessment accounts in the month of Februarynotifying that delinquent penalties will apply to all assessments which are not paid by January 31, 201 The reminder notices will be mailed between February 5and February COUNTY 9.agrees that it will post to a secure website collection reports for CITY/TOWN listing current assessments, delinquent assessments, and penalties and interest on a COUNTY daily basis through September 30, 201 willprovide monthly collection reports, monthly recap reports, and monthly attorney fee collection reports. CITY/TOWN 10.retains its right to select its own delinquent assessment/collection COUNTY CITY/TOWN attorney and agrees to reasonably cooperate with the attorney selected by in the collection of delinquent assessments and related activities. CITY/TOWN COUNTY 11.will provide with notice of any change in collection attorney on or before the effective date of the new collection attorney contract. III. COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of COUNTY CITY/TOWN. the County Tax Office and to serve as Liaison for with The County Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and COUNTY obligations of ; shall devote sufficient time and attention to the execution of said duties on COUNTY behalf of in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this COUNTY CITY/TOWN. Agreement for the mutual benefit of and IV. COUNTY CITY/TOWN CITY/TOWN It is understood and agreed between and that the , COUNTY in performing its obligations hereunder, is acting independently, and the assumes no responsibility or liabilities in connection therewith to third parties. It is further understood and agreed COUNTY CITY/TOWN COUNTY between and that the , in performing its obligations hereunder, CITY/TOWN is acting independently, and the assumes no responsibilities in connection therewith AGREEMENT to third parties. Nothing in this is intended to benefit any third party beneficiary. CITY/TOWN COUNTY agrees that it will protect, defend, indemnify, and hold harmless and all of its officers, agents, and employees from and against all claims, demands, causes of action, damages, judgments, losses and expenses, including attorney’s fees, of whatsoever nature, character, or description that any person or entity has or may have arising from or on account of any injuries or damages received or sustained by person, persons, or property, on account of or arising out of, or in connection with the performance of the services, including without limiting the generality of the CITY/TOWN foregoing, any negligent act or omission of the or any employee, officer, agent, CITY/TOWN subcontractor, servant, invitee, or assignee of the in the execution or performance of AGREEMENTAGREEMENT this . This provision shall survive the termination of this . V. COUNTY COUNTY accepts responsibility for the acts, negligence, and/or omissions of all employees and agents, sub-contractors and /or contract laborers, and for those actions of other COUNTY persons doing work under a contract or agreement with to the extent allowed by law. VI. CITY/TOWN accepts responsibility for the acts, negligence, and/or omissions of all CITY/TOWN employees and agents, sub-contractors and/or contract laborers, and for those of all CITY/TOWN other persons doing work under a contract or agreement with to the extent allowed by . law VII. CITY/TOWN CITY/TOWN, understands and agrees thatits employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or COUNTY. COUNTY COUNTY representatives of understands and agrees that , its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, CITY/TOWN. agents, and/or representatives of VIII. CITY/TOWN For the services rendered during the 201assessmentyear,agreesto COUNTY payfor the receipting, bookkeeping, issuing, and mailing of assessment statements as follows: The currentassessmentstatements will be mailed byOctoberor as 1. CITY/TOWNCOUNTY thereafter as practical. If does not provide withan assessment CITY/TOWN’s rollidentifying the assessments levied bygoverning body under Local COUNTY GovernmentCode Section 372.017 on or before September 10, 201,maycharge a $5,000.00 late processing fee, plus the per statement fee not to exceed $0. each. The assessment roll is to be in the form of a spreadsheet as required by the Tax Assessor/Collector and . deliveredto the Tax Assessor/Collector; delivery may be by CD, or FTPAll assessments become due on receipt of the tax statement each year. 2.All unpaid assessments become delinquent on February 1of the yearfollowing the st assessment year. Penalty and interest fees accrue at the same rate and time schedule as the same . year’s ad valorem property tax. (Tax Code, Section 31.02(a), and 33.01(a)) 3.Delinquent assessment collection attorneys become involved at the same times as do the delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.30, 33.07, 33.08, 33.11, and 33.48) 4.An additional notice will be sent during the month of March following theinitial CITY/TOWN mailingprovidedthathasrequestedsuch a noticeon or before February28 Thefeefor this servicewillbearate not to exceed $0.. 5.At least 30 days, but no more than 60 days, prior to April 1st, andfollowing the initial mailing, a delinquent assessment statement meeting the requirements of Section 33.11 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent assessments. 6.At least 30 days, but no more than 60 days, prior to July 1st, and followingthe initial mailing, a delinquent assessment statement meeting the requirements of Section 33.07 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent assessments. , COUNTY shall mail a 7.For accounts which become delinquent on or after June 1 st delinquent tax statement meeting the requirements of Section 33.08 of the Texas Property Tax Code to the owner of each parcel having delinquent assessments. DISTRICT 8.In the event levies a supplemental assessment by order of its governing CITY/TOWN body after the assessment statements have already been mailed, shall provide COUNTYDISTRICT’S with an updated assessment roll identifying the assessments levied by governing body under Local Government Code Section 372.017, as corrected by any CITY/TOWN supplementalassessments levied by its governing body under Section 372.019. COUNTYCOUNTY agreesa programming of $5,000.00. will mail corrected statements to the owner of each affected parcel. County will charge a fee for preparing and mailing will be at rate not to exceed $0. per corrected statement. CITY/TOWNCOUNTY 9.understandsand agrees that will, no later than January 31, DISTRICT deduct from current collections of the “Total Cost” of providing all services described in paragraphs 1- above. This “Total Cost” includes any such services that have not yet been performedat the time of deduction. The “Total Cost” of providing all services described in paragraphs 1- above shall be the total of: $ 0.DISTRICT x the total number of parcels on Assessment Roll as reported on September 30, 201. In the event costs for additional delayed tax statements, processing and mailing are incurred as described in paragraph 1, COUNTYCITY/TOWN shall billfor such amounts. CITY/TOWN COUNTY shall pay all billed amounts within 30 days of its receipt of said bill. CITY/TOWN COUNTY further understands and agrees that (at itssole discretion) may increase or CITY/TOWN decrease the amounts charged to for any renewal year of this Agreement, provided COUNTY CITY/TOWN that gives written notice to sixty (60) days prior to the expiration date of the initial term of the Agreement. The County Budget Office establishes collection rates annually COUNTY based on a survey of actual annual costs incurred by the in performing tax collection services. The collection rate for each year is approved by County Commissioners’ Court. All entities are assessed the same per parcel collection rate. IX. COUNTY CITY/TOWN agrees to remit all assessments, penalties, and interest collected on CITY/TOWN behalf and to deposit such funds into the depositories, as designated: 1.For deposits of assessments, penalties, and interest, payment shall be bywire transfer CITY/TOWN or ACH to depository accounts only. Only in the event of failure of electronic transfer protocol will a check for deposits of assessments, penalty and interest be sent by mail to CITY/TOWN. CITY/TOWN COUNTY, 2.If uses the same depositoryas the depositsassessments, penalty and interest shall be by deposit transfer. COUNTY 3.In anticipation of renewal of this Agreement, further agreesthat deposits will be made daily through September 30, 201. It is expressly understood, however, that COUNTY thisobligation of shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. COUNTY 4.In event that experiences shortage in collections as a result of anoutstanding CITY/TOWNCITY/TOWN assessment debt of, the agreesapaymentintheamountofshortage COUNTY shallbemade by check or ACHtowithin15 days after notification ofsuch shortage. X. In the event of termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the assessment year in which notice is COUNTY given. shall be obligated to provide services pursuant to this Agreement, during such period. XI. CITY/TOWN COUNTY This Agreement represents the entire agreement between and and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both CITY/TOWN COUNTY and or those authorized to sign on behalf of those governing bodies. XII. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-349-2820 TrophyClub CITY/TOWN: _______________________________________ 100MunicipalDrive Address: ____________________________________________ TrophyClub,Texas,76262 City, State, Zip: _______________________________________ sglickman@trophyclub.org 682-831-4600 Telephone: _________________ Email: ______________________________ XIII. StevenGlickman CITY/TOWN hereby designates __________________________ to act on behalf of CITY/TOWNCITY/TOWN , and to serve as Liaison for to ensure the performance of all duties and CITY/TOWN CITY/TOWN obligations of as stated in this Agreement. designee shall devote CITY/TOWN sufficient time and attention to the execution of said duties on behalf of in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct CITY/TOWN supervision of the employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit CITY/TOWN COUNTY. of and XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. Executed in duplicate originalsthis _________day of_________________ 201. COUNTY CITY/TOWN Denton County ______________________________ TownofTrophyClub 110 West Hickory Address: ______________________ 100MunicipalDrive Denton, Texas 76201 City, State, Zip: ________________ TrophyClub,Texas,76262 BY:___________________________ BY:__________________________ Honorable Mary Horn Name:________________________ Denton County Judge Title:_________________________ ATTEST: ATTEST: BY:____________________________ BY:__________________________ Juli Luke Name_________________________ Denton County Clerk Title__________________________ APPROVEDASTOFORM: APPROVED FORM AND CONTENT: ______________________________ _______________________________ Michelle French Denton County Denton County Assistant District Attorney Tax Assessor/Collector THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR PUBLIC IMPROVEMENT ASSESSMENT COLLECTION BETWEEN DENTON COUNTY, TEXAS AND TrophyClubPID1 PUBLIC IMPROVEMENT DISTRICT _______________________________________________ THIS AGREEMENT is made and entered into this ____________ day of ___________, DENTON COUNTY 20,by and between , a political subdivision of the State of Texas, COUNTY hereinafter referred to as "," and , Denton County, TownofTrophyClub ,CITY/TOWN." Texasalso a political subdivision of the State of Texas, hereinafter referred to as " WHEREAS, COUNTY CITY/TOWN and mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act; and WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code, Subchapter A, CITY/TOWN has created , hereinafter referred to as TrophyClubPID1 DISTRICT “,”and has levied special assessments on properties withinthe CITY/TOWN, boundaries of the and; WHEREAS, , CITY/TOWN pursuant to §372.0175 of the Texas Local Government Code COUNTY CITY/TOWN has the authority to contract with the to perform the duties ofrelating to DISTRICT collectionof special assessments levied by under Chapter 372, Subchapter A; and NOW THEREFORE, COUNTY CITY/TOWN, and for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: I. The effective date ofthisAgreement shall bethe1dayofOctober,201. The termof st thisAgreementshallbeforaperiod of oneyear,fromOctober1, 201, to andthrough September30, II. COUNTY For the purposes and consideration herein stated and contemplated, shall provide CITY/TOWN the following necessary and appropriate services for to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: COUNTY 1., by and through its duly qualified tax assessor-collector, shall collect DISTRICTCITY/TOWN assessmentsfor tax year 201.does hereby expressly COUNTYCOUNTYCITY/TOWN authorizeandagreesto do and performforall acts necessary DISTRICT. COUNTY and proper to collect saidassessmentsagrees to collect base assessments, penalties,interest, and attorney's fees. COUNTY 2.agrees to prepare and mail all assessment statements (includedon the tax CITY/TOWN, statement for each parcel,provide monthly collection reports to maintain both CITY/TOWN current and delinquent assessment rolls,disburse assessment monies to daily (business day) based on prior day assessment postings,and to develop and maintain such other records and forms as are necessary or required by State law, rules or regulations. COUNTYDISTRICT 3.If determines, based on assessment roll, that a person erred in DISTRICT payingaassessment by making a duplicate payment or payment on the wrong account, COUNTY agrees to refund the payment to the person who erred in makingit from current DISTRICT COUNTY assessment collections.agrees that such refundwillbe made as soon as COUNTY practicable after discovers the erroneous payment. The refund shall be accompanied by a description of the property subject to the assessmentsufficient to identify the property. If the COUNTY property is assigned an account number, shall include that number. COUNTYDISTRICT 4.If determines, based on assessment roll, that there has been DISTRICTCOUNTY an overpayment of a assessment, shall send the owner a refund application. COUNTY Upon owner’s return of the accurate and fully completed refund application, will issue, DISTRICT from current assessment collections, a refund of the overpayment. COUNTY 5.agrees to develop and maintain written policies andprocedures of its COUNTY operation. further agrees to make available full information about the operation of the CITY/TOWNCITY/TOWN County Tax Office to , and to promptly furnish written reports to keep informed of all financial information affecting it. CITY/TOWN COUNTY 6.agrees to promptly deliver to all records that it has accumulated and developed in the collection of assessments, and to cooperate in furnishing or COUNTY locating any other information and records needed by to perform its duties under the terms and conditions of this Agreement. COUNTY 7.agrees to allow an audit of the assessment collection records of CITY/TOWN COUNTY’S in possession during normal working hours with at least 48 hours COUNTY advance, written notice to . The expense of any and all such audits shall be paid by CITY/TOWNCOUNTY. . A copy of any and all such audits shall be furnished to 8. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent assessment penalties will apply to all assessments which are not paid by January 31, 201. COUNTY agrees to mail a reminder notice to delinquent assessment accounts in the month of Februarynotifying that delinquent penalties will apply to all assessments which are not paid by January 31, 201 The reminder notices will be mailed between February 5and February COUNTY 9.agrees that it will post to a secure website collection reports for CITY/TOWN listing current assessments, delinquent assessments, and penalties and interest on a COUNTY daily basis through September 30, 201 willprovide monthly collection reports, monthly recap reports, and monthly attorney fee collection reports. CITY/TOWN 10.retains its right to select its own delinquent assessment/collection COUNTY CITY/TOWN attorney and agrees to reasonably cooperate with the attorney selected by in the collection of delinquent assessments and related activities. CITY/TOWN COUNTY 11.will provide with notice of any change in collection attorney on or before the effective date of the new collection attorney contract. III. COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of COUNTY CITY/TOWN. the County Tax Office and to serve as Liaison for with The County Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and COUNTY obligations of ; shall devote sufficient time and attention to the execution of said duties on COUNTY behalf of in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this COUNTY CITY/TOWN. Agreement for the mutual benefit of and IV. COUNTY CITY/TOWN CITY/TOWN It is understood and agreed between and that the , COUNTY in performing its obligations hereunder, is acting independently, and the assumes no responsibility or liabilities in connection therewith to third parties. It is further understood and agreed COUNTY CITY/TOWN COUNTY between and that the , in performing its obligations hereunder, CITY/TOWN is acting independently, and the assumes no responsibilities in connection therewith AGREEMENT to third parties. Nothing in this is intended to benefit any third party beneficiary. CITY/TOWN COUNTY agrees that it will protect, defend, indemnify, and hold harmless and all of its officers, agents, and employees from and against all claims, demands, causes of action, damages, judgments, losses and expenses, including attorney’s fees, of whatsoever nature, character, or description that any person or entity has or may have arising from or on account of any injuries or damages received or sustained by person, persons, or property, on account of or arising out of, or in connection with the performance of the services, including without limiting the generality of the CITY/TOWN foregoing, any negligent act or omission of the or any employee, officer, agent, CITY/TOWN subcontractor, servant, invitee, or assignee of the in the execution or performance of AGREEMENTAGREEMENT this . This provision shall survive the termination of this . V. COUNTY COUNTY accepts responsibility for the acts, negligence, and/or omissions of all employees and agents, sub-contractors and /or contract laborers, and for those actions of other COUNTY persons doing work under a contract or agreement with to the extent allowed by law. VI. CITY/TOWN accepts responsibility for the acts, negligence, and/or omissions of all CITY/TOWN employees and agents, sub-contractors and/or contract laborers, and for those of all CITY/TOWN other persons doing work under a contract or agreement with to the extent allowed by . law VII. CITY/TOWN CITY/TOWN, understands and agrees thatits employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or COUNTY. COUNTY COUNTY representatives of understands and agrees that , its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, CITY/TOWN. agents, and/or representatives of VIII. CITY/TOWN For the services rendered during the 201assessmentyear,agreesto COUNTY payfor the receipting, bookkeeping, issuing, and mailing of assessment statements as follows: The currentassessmentstatements will be mailed byOctoberor as 1. CITY/TOWNCOUNTY thereafter as practical. If does not provide with CITY/TOWN’s leviedbygoverning body under Local COUNTY GovernmentCode Section 372.017 on or before September 10, 201,maycharge a $5,000.00 late processing fee, plus the per statement fee not to exceed $0. each. All assessments become due on receipt of the tax statement each year. 2.All unpaid assessments become delinquent on February 1of the yearfollowing the st assessment year. Penalty and interest fees accrue at the same rate and time schedule as the same . year’s ad valorem property tax. (Tax Code, Section 31.02(a), and 33.01(a)) 3.Delinquent assessment collection attorneys become involved at the same times as do the delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.30, 33.07, 33.08, 33.11, and 33.48) 4.An additional notice will be sent during the month of March following theinitial CITY/TOWN mailingprovidedthathasrequestedsuch a noticeon or before February28 Thefeefor this servicewillbearate not to exceed $0.. 5.At least 30 days, but no more than 60 days, prior to April 1st, andfollowing the initial mailing, a delinquent assessment statement meeting the requirements of Section 33.11 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent assessments. 6.At least 30 days, but no more than 60 days, prior to July 1st, and followingthe initial mailing, a delinquent assessment statement meeting the requirements of Section 33.07 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent assessments. , COUNTY shall mail a 7.For accounts which become delinquent on or after June 1 st delinquent tax statement meeting the requirements of Section 33.08 of the Texas Property Tax Code to the owner of each parcel having delinquent assessments. DISTRICT 8.In the eventleviesasupplementalassessmentbyorder CITY/TOWN body after the assessment statements have already been mailed, COUNTY shall provide with an updated assessment roll identifying the DISTRICT’S assessments levied by governing body under Local Government Code Section 372.017, as corrected by any supplemental assessments levied by its governing body under Section CITY/TOWNCOUNTYCOUNTY 372.019.agreesa programming charge of $5,000.00. will mail corrected statements to the owner of each affected parcel. County will charge a fee for preparing and mailing will be at rate not to exceed $0. per corrected statement. CITY/TOWNCOUNTY 9.understandsand agrees that will, no later than January 31, DISTRICT deduct from current collections of the “Total Cost” of providing all services described in paragraphs 1- above. This “Total Cost” includes any such services that have not yet been performedat the time of deduction. The “Total Cost” of providing all services described in paragraphs 1- above shall be the total of: $ 0.DISTRICT x the total number of parcels on Assessment Roll as reported on September 30, 201. In the event costs for additional delayed tax statements, processing and mailing are incurred as described COUNTYCITY/TOWN in paragraph 1, shall billfor such amounts. CITY/TOWN COUNTY shall pay all billed amounts within 30 days of its receipt of said bill. CITY/TOWN COUNTY further understands and agrees that (at itssole discretion) may increase or CITY/TOWN decrease the amounts charged to for any renewal year of this Agreement, provided COUNTY CITY/TOWN that gives written notice to sixty (60) days prior to the expiration date of the initial term of the Agreement. The County Budget Office establishes collection rates annually COUNTY based on a survey of actual annual costs incurred by the in performing tax collection services. The collection rate for each year is approved by County Commissioners’ Court. All entities are assessed the same per parcel collection rate. IX. COUNTY CITY/TOWN agrees to remit all assessments, penalties, and interest collected on CITY/TOWN behalf and to deposit such funds into the depositories, as designated: 1.For deposits of assessments, penalties, and interest, payment shall be bywire transfer CITY/TOWN or ACH to depository accounts only. Only in the event of failure of electronic transfer protocol will a check for deposits of assessments, penalty and interest be sent by mail to CITY/TOWN. CITY/TOWN COUNTY, 2.If uses the same depositoryas the depositsassessments, penalty and interest shall be by deposit transfer. COUNTY 3.In anticipation of renewal of this Agreement, further agreesthat deposits will be made daily through September 30, 201. It is expressly understood, however, that COUNTY thisobligation of shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. COUNTY 4.In event that experiences shortage in collections as a result of anoutstanding CITY/TOWNCITY/TOWN assessment debt of, the agreesapaymentintheamountofshortage COUNTY shallbemade by check or ACHtowithin15 days after notification ofsuch shortage. X. In the event of termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the assessment year in which notice is COUNTY given. shall be obligated to provide services pursuant to this Agreement, during such period. XI. CITY/TOWN COUNTY This Agreement represents the entire agreement between and and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both CITY/TOWN COUNTY and or those authorized to sign on behalf of those governing bodies. XII. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-349-2820 TrophyClub CITY/TOWN: _______________________________________ 100MunicipalDrive Address: ____________________________________________ TrophyClub,Texas,76262 City, State, Zip: _______________________________________ sglickman@trophyclub.org 682-831-4600 Telephone: _________________ Email: ______________________________ XIII. StevenGlickman CITY/TOWN hereby designates __________________________ to act on behalf of CITY/TOWNCITY/TOWN , and to serve as Liaison for to ensure the performance of all duties and CITY/TOWN CITY/TOWN obligations of as stated in this Agreement. designee shall devote CITY/TOWN sufficient time and attention to the execution of said duties on behalf of in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct CITY/TOWN supervision of the employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit CITY/TOWN COUNTY. of and XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. Executed in duplicate originalsthis _________day of_________________ 201. COUNTY CITY/TOWN Denton County ______________________________ TownofTrophyClub 110 West Hickory Address: ______________________ 100MunicipalDrive Denton, Texas 76201 City, State, Zip: ________________ TrophyClub,Texas,76262 BY:___________________________ BY:__________________________ Honorable Mary Horn Name:________________________ Denton County Judge Title:_________________________ ATTEST: ATTEST: BY:____________________________ BY:__________________________ Juli Luke Name_________________________ Denton County Clerk Title__________________________ APPROVED FORM AND CONTENT: APPROVEDASTOFORM: _______________________________ _____________________________ Michelle French Denton County Tax Assessor/Collector Denton County Assistant District Attorney To: Mayor and Town Council From:Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary/RMO Re: Benefits Package Town Council Meeting, July 12, 2016 Agenda Item: Consider and take appropriate action regarding the award or rejection of bids for health and welfare benefits for the Town of Trophy Club; authorizing the Town Manager or his designee to execute all necessary documents (Staff). Explanation: The Town, with the assistance of our insurance broker, IPS, went out to bid for the full array of employee benefits related to health and wellness. The overall response was outstanding and the bids came in at an overall savings compared to our current rates. Not only will our rates for health and wellness benefits be less, our customer service and benefit plans should be improved from the prior year. The proposed bidders are recommended by staff and IPS. BCBSTX – Medical BCBS – Dental Davis Vision – Vision Life/Disability – Mutual of Omaha HSA/FSA - Flores Attachments: Town of Trophy Club - RFP Analysis Recommendation: Staff recommends Council award of the bids for health and wellness benefits as presented. Page 1 of 1 (214) 443-2400 Toll-Free: (800) 366-4779 June 28th, 2016 SpecialistAccount Manager John Heerwagen Dallas, Texas 75231-2313 Town of Trophy Club -RFP Analysis 10000 North Central Expressway, Suite 1100 Corporate Benefits Consulting Insurance Planning Services Retirement Plan Consulting Employee Benefits Brent A. Weegar, MBA Andrew Weegar Where Experience and Independence Matter www.ipsadvisors.com Principal Proposal Recommendations Update Wellness Premium Criteria System Results Response Finalist Results Results Results vs SelectionHealth Results Contents Claims VI.Life/Disability ΑЋЉЊА RFP Vendor Plan Plan Methodist III.Medical I.Monthly FSA VIII.Vendor IV.Dental V.Vision IX.2016 Appendices HSA II.RFP of Table VII. 2 Update Premium vs Claims Monthly I. 3 Ratio 102%124%158%117%101% 94%65%69%69%93%68%54%67$369,739$154,276$524,015$564,72793%58%22%64%92%62%55%(YTD)69$104,632$58,879$163,510$277,92959% CostPremiumLoss $209,263.70$117,757.06$327,020.76$555,857.92 Report $47,639$48,036$47,639$46,422$46,092$43,959$45,695$45,695$47,391$49,959$47,868$48,333$48,599$47,176$45,131$47,594$46,271$43,159 $8,870 7$7,802$8,4081$4,751$8,075 1.6% 4% $196,994 $48,543$59,497$75,107$43,802$29,780$30,212$53,455$45,947$32,775$46,397$32,436$26,063$28,009$10,506$28,954$43,731$28,435$23,876 38%39% TotalMedicalRxTotal Premium $36,519 70$47,615$11,88269$63,774$11,33464$16,384$13,82865$41,891$11,56465$21,736$11,03970$26,154$20,24367$13,420$19,01669$6,702$19,36171$6,831$21,178 69$39,376$9,16767$35,063$8,73867$20,339$9,44164$37,285$8,662$5,51668$20,957$7,99771$36,142$7,58969$21,380$7,05564$14,332$9,543 $5,505$2,29$3,040$1,71 24%26% $160,475 vs 70$4,990 43%45% Claims 71% Months: Year Year Monthly Difference Capita Prior Prior Capita elve Total Annualized Total Per MarMar May OctAprOct NovDecNovDec Aug Jul Sep FebFeb Jun JanJan from from Per Tw Date Annual Capita AnnualizedLast 15 Year 1516 15 1415 151516 15 Annual 1415 15 1415 1516 15 Difference Difference Ratio Per Plan Loss % $ % 4 Response Vendor RFP II. 5 Competitive Competitive Competitive Competitive t Incumben esented Competitive Presented Competitive Α5ĻĭƌźƓĻķ Competitive Competitive Competitive ΑbƚƷ Competitive IĻğƌƷŷĭğƩĻΑbƚƷ Not Presented Pr ΑbƚƷ National Healthcare Incumbent Omaha Financial Α5ĻĭƌźƓĻķΑ5ĻĭƌźƓĻķ Incumbent Declined Pool Disability Vision !ƒĻƩźƷğƭΑbƚƷ aĻƷƌźŅĻΑbƚƷ ΑbƚƷ {ǒƓƌźŅĻΑbƚƷ źƭźƚƓΑ \[źƓĭƚƌƓΑbƚƷ Hartford ΑbƚƷ Municipal of Dearborn Superior Mutual oln UnitedUnited Vision Α AetnaUNUMAetna DavisCignaCigna / TMLTML Linc The Life Response Competitive Competitive Competitive Competitive Competitive Vendor Competitive Competitive ΑbƚƷ Not Α5ĻĭƌźƓĻķ ΑbƚƷ ΑbƚƷ Presented Presented Declined HealthcareHealthcare Incumbent Incumbent Financial Presented Α5ĻĭƌźƓĻķΑ5ĻĭƌźƓĻķ Α5ĻĭƌźƓĻķ !ƒĻƩźƷğƭΑbƚƷ White {ǒƓƌźŅĻΑbƚƷ aĻƷƌźŅĻΑbƚƷ Dental Medical Α Humana BCBSTX Dental Lincoln & UnitedUnited RFP Α AetnaUNUMAetna Cigna Scott Delta BCBS TMLTML 6 Response Competitive Competitive Vendor Competitive Presented Incumbent ΑbƚƷ ΑbƚƷ Not Discovery Bank Α HSA/FSA Α RFP FloresOptum TML HSA 7 Results RFP Medical III. 8 (may be subject to visit limits) $12,000 Ind. / $24,000 Fam. $6,000 Ind./ $12,000 Fam. $3,000 Ind. / $6,000 Fam.$3,000 Ind. / $6,000 Fam. Including Deductible (CT, PET, MRI, MRA) High PlanStandard PlanHSA PlanHigh PlanStandard PlanHSA PlanStandard Plan MME04Standard Plan MME09HSA Plan MMH2 Any other Illness Per AdmissionPer Admission Covered 100% Covered as ProposedUnlimited Included Ded./ 30%Ded./ 30%Ded./ 30%Ded./ 30%Ded./ 30%Ded./ 30%Ded./ 30%Ded./ 30% Ded./ 0%Ded./ 0%Ded./ 0%Ded./ 0%Ded./ 0%Ded./ 0%Ded./ 0%Ded./ 0%Ded./ 0%Ded./ 0% MEDICAL BENEFITSTMLTMLTMLTMLTMLTMLBCBSBCBSBCBS 100% 70% 123456789 Rx Out of Pocket Maximum $1,000 Ind./ Including Deductible Including Deductible, Coin. & Copays Including Deductible, Coin. & Copays ity Rx) $12,000 Ind. / $36,000 Fam. (may be subject to visit limits) $4,000 Ind./ $12,000 Fam. $2,000 Ind. / $6,000 Fam.$2,500 Ind. / $7,500 Fam. (CT, PET, MRI, MRA)$45 (No Mail Order for Speciality Rx)$50 (No Mail Order for Special $100 Copay, then 20% Any other Illness $3,000 Family) $60/$105/$150 Per AdmissionPer Admission $55 Copay Covered 100%Covered as $55 Copay $20/$35/$50 $30 Copay$30 Copay ProposedUnlimited Ded./ 20%Ded./ 20%Ded./ 20%Ded./ 20%Ded./ 20%Ded./ 20% Included Ded./ 0%Ded./ 0%Ded./ 0% 100% 80% Rx Out of Pocket Maximum $1,000 Ind./ (may be subject to visit limits) $10,000 Ind. / $30,000 Fam. $1,000 Ind. / $3,000 Fam.$2,000 Ind. / $6,000 Fam.$1,500 Ind. / $4,500 Fam. (CT, PET, MRI, MRA) Any other Illness $3,000 Family) $100 Copay $100 Copay Per AdmissionPer Admission $45/$90/$135 Covered as $45 Copay Covered 100% $15/$30/$45 $45 Copay Proposed$20 Copay$20 Copay Unlimited Included Ded./ 30%Ded./ 30%Ded./ 30%Ded./ 30%Ded./ 30%Ded./ 30% Ded./ 0%Ded./ 0%Ded./ 0% 100% 70% Ded. Must Be Met Before Copays **ER Copay waived if admitted**ER Copay waived if Admitted**ER Copay waived if admitted**ER Copay waived if admitted**ER Copay waived if Admitted**ER Copay waived if admitted (may be subject to visit limits)(may be subject to visit limits)(may be subject to visit limits)(may be subject to visit limits)(may be subject to visit limits)(may be subject to visit limits) $2,000 Ind. / $4,000 Fam.$3,000 Ind. / $6,000 Fam. $2,250 Ind./ $4,500 Fam. (CT, PET, MRI, MRA) $100 (34 day supply) *Never pays at 100% Any other Illness $0 Ind./ $0 Fam.* Per AdmissionPer Admission$30/$100/$155 $0/$5/$43/$65 Covered 100% Covered as Renewal Unlimited Included Ded./ 20%Ded./ 20%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50% 80%50% $1,000 Ind. / $2,000 Fam.$1,250 Ind. / $2,500 Fam.$2,500 Ind. / $5,000 Fam. Including Deductible (CT, PET, MRI, MRA) $100 (34 day supply) *Never pays at 100% $0 Ind. / $0 Fam. * Any other Illness Per AdmissionPer Admission $30/$100/$155 Medical Benefits Summary$0/$5/$43/$65 Covered as Covered 100% CurrentCurrentCurrentRenewalRenewal $20 Copay$20 Copay Unlimited Included Ded./ 20%Ded./ 20%Ded./ 50%Ded./ 50% Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50% Town of Trophy Club 80%50% $2,000 Ind. / $4,000 Fam. $750 Ind. / $1500 Fam. $500 Ind. / $1000 Fam. Including Deductible (CT, PET, MRI, MRA) $100 (34 day supply) *Never pays at 100% $0 Ind. / $0 Fam. * Any other Illness Per AdmissionPer Admission $30/$100/$155 $0/$5/$43/$65 Covered as Covered 100% $15 Copay$15 Copay Unlimited Included Ded./ 20%Ded./ 20%Ded./ 50%Ded./ 50%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50% 80%50% Ded. Must Be Met Before Copays $2,000 Ind. / $4,000 Fam.$3,000 Ind. / $6,000 Fam. $2,250 Ind./ $4,500 Fam. Including Deductible (CT, PET, MRI, MRA)$100 - Mail Order Only *Never pays at 100% $0 Ind./ $0 Fam.*Any other Illness Per AdmissionPer Admission $0/$9/$38/$60 $25/$95/$150 Covered 100% Covered as Unlimited Included Ded./ 20%Ded./ 20%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50% 80%50% $1,000 Ind. / $2,000 Fam.$1,250 Ind. / $2,500 Fam.$2,500 Ind. / $5,000 Fam. Including Deductible (CT, PET, MRI, MRA)$100 - Mail Order Only *Never pays at 100% $0 Ind. / $0 Fam. * Any other Illness Per AdmissionPer Admission $0/$9/$38/$60 $25/$95/$150 Covered as Covered 100% $20 Copay$20 Copay Unlimited Included Ded./ 20%Ded./ 20%Ded./ 50%Ded./ 50%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50% 80%50% $2,000 Ind. / $4,000 Fam. $750 Ind. / $1500 Fam. $500 Ind. / $1000 Fam. Including Deductible $100 - Mail Order Only (CT, PET, MRI, MRA) *Never pays at 100% $0 Ind. / $0 Fam. * Any other Illness Per AdmissionPer Admission $0/$9/$38/$60 $25/$95/$150 Covered as Covered 100% $15 Copay$15 Copay Unlimited Included Ded./ 20%Ded./ 20%Ded./ 50%Ded./ 50%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50%Ded./ 20%Ded./ 50% 80%50% and not inte n Mental Health / Substance Abuse y ote: This is a brief summar Network Retail Pharmacy Diagnostic Lab & X-Ray Physician Office Visit Specialist Office Visit In-Patient Hospital Out Of Pocket Max Specialty Drugs Emergency Room Preventive Care Non-Network Non-Network Non-Network Non-Network Non-Network Non-Network Non-Network Non-Network Non-Network Non-Network Non-Network Non-Network Lifetime Max Prescriptions In-Network In-Network In-Network In-Network In-Network In-Network In-Network In-Network In-Network In-Network In-Network In-Network Mail Order CoinsuranceUrgent Care Out-Patient Deductible Maternity N HSA Plan FINANCIALSHigh StandardHSACurrentCurrentCurrentRenewalRenewalRenewal ProposedProposedProposed $1,686.04$1,540.42$1,140.62$1,753.48$1,602.06$1,186.26$1,641.31$1,479.44$1,110.66 $109,997$90,638$308,288$114,397$94,265$320,623$109,531$87,135$300,191 $478.06$456.70$338.92$497.18$474.98$352.48$487.69$439.60$330.02$1,330.88$1,221.78$904.88$1,384.12$1,270.66$941.08$1,302.09$1,173.68$881.11$934.36$866.06$641.74$971.74$900.72$667.42$923.44$832.37$624. 88$9,166$7,553$25,691$9,533$7,855$26,719$9,128$7,261$25,016 MMH2 123456789 Standard Plan 10/1/2016 MME09 $496,856 -$12,067 1 Year BCBS 100% A+ -2% High Plan MME04 High PlanStandard PlanHSA PlanHigh PlanStandard PlanHSA Plan 10/1/2016 $529,285 $20,362 TML 100% A- n/a 4% Medical Rates Summary Town of Trophy Club Note: This is a brief summary and not intended to be a contract. Final rates are based on final medical disclosure 10/1/2015 $508,923 TML 100% A- n/an/an/a 76221210 104325 Enrollment Combined Annual Premium and underwriting approval. % Change over Current $ Change over Current MEDICAL BENEFITS Employee & Child(ren) Employee & Spouse Employee & Family Monthly Premium Annual Premium AM Best Rating Employee Only Rate Guarantee Effective Date Geo Access Results RFP Dental IV. 9 14 age ) period19) YearYear PosterioPosterio 2.0 16) Year)to ) III unumdental.com Precentile rr )) age Year,IncludedIncluded cal.cal.Plus II, age Proposed $47,766.0 monthIIIIIIIIIIIIIIIIncluded $104.5110/1/201 IIIIIIIIIIIIII $3,980.5 Years III $34.52$37.64$27.69$34.04$70.86$77.26$55.37$69.88$74.50$81.22$69.70$73.47 $671.7 (to Nonecal.NoneNoneNoneNone to Unum 100% 100%100%n/an/a100%100% $150 perTypeperTypeType$3,00$2,00 0 1.39 80%TypeTypeTypeTypeTypeType50%50%6 Typeandand$50 TypeTypeTypeType 0 Type Advantage cal. (to 6 1234 Applies % Only 00 per I Not AnteriorAnteriorNot (2(22 60 90th per Type II per (1Child TypeType (2 I (1 Type 19 America age ) period Shield YearYear PosterioPosterio 17) Year)to ) III Precentile rr )) Recommended Adult Year,IncludedIncluded cal.cal. II, of age bcbstx.com Blue $44,319.7 monthIIIIIIIIIIIIIncluded III$4,118.0 10/1/201 $107.06 IIIIIIIIIIIIII$3,693.3 III Nonecal.NoneNoneNoneNone to Network 100%Yea 100%100% $150 perTypeperTypeType 2 $2,00$2,00 8.50 80%TypeTypeTypeTypeTypeType50%50%4 6 Typeandand$50 TypeTypeTypeType 1 Type cal. (to & Applies % Cross 00r per Child 1 I AnteriorAnteriorNotNot (2(2 36 90th per Type II per (1 TypeType Dental Blue (2 I (1 Type no at network 18 age ) II Max) period 19) YearYear PosterioPosterio III Individual Type Name 13) Club Year)to ) III of rr )) Type age Year, Included cal.cal. II, Analysis the out age Renewal penalty*$52,810.0 monthIIIIIIIIIIII IncludedIncludediebp.org 10/1/201 IIIIIIIIIIIIIIII $4,400.8$4,372.3 II Steel (toNetwork $105.98$115.5 Nonecal.NoneNoneNoneNone to TML 100%Yea 100%100% Trophy perTypeperType 8 $3,00n/a$2,00 TypeTypeTypeTypeTypeTypeType50% 80%Typeandandto6 or 9.03 TypeTypeTypeType 42 cal. (to Others 4 Applies Only r 00% per up per in 1 I AnteriorAnteriorNot (2(2Stainless 60 per Type( go II $50 per (1Child 100% TypeType All No Dental can (2 of I (1 *Members Type Town at network 18 age ) II Max) period19) YearYear PosterioPosterio III Individual of Type Name 13) to Year) ) III ))rr Type age out Year, Included cal.cal. penalty* II, the age $48,437.7 monthIIIIIIIIIIIIIncludedIncluded Current iebp.org 10/1/201 IIIIIIIIIIIIIIII $4,036.4 II Steel (toorNetwork Nonecal.NoneNone NoneNone to TML 100%100%100% perTypeperType $3,00$2,00 6 n/a n/an/a n/a 50% 80%TypeTypeTypeTypeTypeTypeTypeTypeto6 andand TypeTypeTypeType 8 cal. (to Others Applies in Only 00 per up per I Not (2(2AnteriorAnteriorStainless go 60 per no ( Type II $50 per Childcan (1 100% TypeType All No (2 *Members I (1 Type contract . a be 331765 69 to intended Pain)not Requirement s and Maximum Wor of Percentile Denture k (Relief summary Services Rebases Treatmen Bridge s to: Frequency Requirement Maintenanc Frequenc Deductible t Services Maximum Waiver Current Eligibility Child(ren AppliesCurrent s Services e y Treatmen Lifetime Contribution Treatment Orthodontia Spouse AnesthesiaComplete Surger Network Maintainers)Famil Fixed t Rollover /brief OnlaysResults Preventive Examination BENEFITS Relines y Premium Fluoride Website y Onl Premium s Major Wings Max Mouth Composite Guarantee Annual Name PeriodPeriodPeriodPeriodPeriod / Plannin Yearfrom Basic PeriodontalOrthodontiaOrthodontia from Datea Amalgam Periodontic &&& Canal Extractionsy Removable Participation is Individual FINANCIALS g andAccess EmployeeEmployeeEmployeeEmployee Cleanings of or Preventive PalliativeImplants SealantsGeneral This Denture Employer Change Topical Maximum Crowns Calendar Full Change Α Bite Partial Out Fillings NetworkNetwork Monthly Effective Α Family DENTAL rays WaitingWaitingWaiting ΑWaitingIIIWaitingAnnual Inlays Space IIIVDental RootRoot Oral I Note: TypeTypeType Type Rate UCR GEO X $% Results RFP Vision V. 10 $50$50 Period Glasses $26$34$50 toSurgeonsNetwork to www.superiorvision.com $50 Discount UpUp tototo Benefit Vision 100%100% // to Old UpUpUp of $130$210$100 $3,088.20 CopayCopay Copay10/1/2016 $6,234.60 $42 Proposed AllowanceAllowance $519.55 Years Up 33.13% $13.55 /// Vision $4.52 Select Lieu Years 100%100%100% DavisSuperior 121212 CoveredCovered Copay, 1234 100%100%100% to tototo40% the $10$25 $25 Upin 4 UpUpUp NetworkSuperior Off26 over Contacts to CoveredCoveredCovered RetailRetail Up $25 20% Used $50$60$50$60 Allowance Glasses $40$60$80 www.davisvision.com toto tototo Once Recommended UpUp Promo 100% 100% OldExclusive UpUpUp of $130$225$105 CopayCopay$4,920.00 10/1/2016 $4,402.80 $40 $60 Off //$366.90 Years Retail 52.77% at /// $3.76$8.66 Lieu98.5% Years 100%100% AllowanceAllowance 121212 Covered Covered all 100% 100%100% to to Off toto to 25% $10$25 Upin Up it 4 UpUpUp in Vision 26 OnlyContacts Use 5% Covered CoveredCovered AmountCovered $130$130 Davis once Exam AllowanceAllowance Contacts AllowanceAllowance CoveredProvided Old Club 10/1/2016 at Renewal$9,322.80 $60$60 $776.90 Eye $20.26Year $0.00 all$6.76 0.00% Years 100%100% TML Analysis n/a n/an/a $65$50$75$85 121212 toto Annual use Trophy OR 1 UpUp Not Not $150 $150 $150$150 26 Must Glasses in Included Vision of Town Exam Only once Eye AllowanceAllowance Contacts AllowanceAllowance Covered OldProvided 10/1/2016 at $9,322.80 $60$60Annual Current Amount $776.90 Year $20.26 all$6.76 Years 100%100% TML n/an/a n/a n/an/a $65$50$75$85 121212 toto use OR 1 UpUp Not Not $150$150 $150$150 in 26 Must Glasses Included contract. 4025 a be to intended Period Network/NonNetwork Network/NonNetwork Funds Network/NonNetwork not Requirements Fee Benefit Fee Network/NonNetwork and Unused Fitting Fitting summary NecessaryNecessary Requirements Same Allowance Allowance Current Lense Lense Current Contribution Limit Family in brief Results Glasses Frequency Contact Premium Contact Lenses* Website BENEFITS MedicallyMedically Only Exam Lenses Frequency Premium Lenses Guarantee Frequency Age Name Elective Elective NonNetwork from Frame Vision from Lense NonNetworkDatea & Benefit Participation is FINANCIALS EmployeeEmployee DependentAccess Eye Network + This TrifocalNetwork Change Employer Speciality Frames Change / Bifocal Contacts StandardContacts Monthly NetworkNetwork Effective RetailContact Annual Annual Single Frames Frames VISION Note: Lasik Lens Exam Rate Geo $% Results RFP Disability and Life VI. 11 65 8080 atat age $100,000$100,000$100,000$100,000 30%30% To $100,000 10%10%$6,213,000.00 EmployeesEmployees Elim; 75,75, 5% $13,792.86 $8,946.72 10/1/2016 $1,149.41 Proposed IncludedIncludedIncluded IncludedYears Lincoln BAE 39.34% oror$0.150$0.035 or $5,000$2,000 atat 100%100% BAEBAEBAEBAEYesBAEYes MaxMaxMaxMax NoA+ 1234 6 $10,000$10,000 $5,000 60; 40%40% 2X to 3 BAE,BAE,BAE, BAE, FTFT 70,75%70, age 2X2X2X2X toto to Prior 8060%8060% $20,000 atat $100,000$100,000$100,000$100,000 30%30% Omaha $100,000 $25,000$25,000 Recommended $6,213,000.00 EmployeesEmployees to 75,75, $10,437.84 $12,301.74 10/1/2016 $1,025.15 IncludedIncludedIncluded up IncludedYears BAE 45.90% $0.130$0.035 $5,000$2,000 None atat 100%100% BAEYes year, of MaxMaxMax Max NoNoA+ toto Mutual 40%40% 2X to 3 BAE,BAE,BAE, BAE, 10%10% per FTFT 80% 70,70, $20,000$5,000 2X2X2X2X to to 8060%8060% Analysis CLub atat $100,000$100,000$100,000$100,000 30%30% $100,000 Trophy AD+D $6,213,000.00 EmployeesEmployees to 75,75, $22,739.58 10/1/2016 $1,894.97 Renewal IncludedIncludedIncluded up Included $10,000 Year BAE$0.270$0.035 $5,000$2,000$5,000 None $0.00 0.00% atat TML 100%100% BAEYes year, MaxMaxMax Max NoNo A 40%40% and 2X to 1 of BAE,BAE,BAE, BAE, per FTFT 75% 70,70, Life Town $5,000 2X2X2X2X toto 8060%8060% Basic $20,000 atat $100,000$100,000$100,000$100,000 30%30% 100,000 $6,213,000.00 EmployeesEmployees to 75,75,contract. $22,739.58 $1,894.97 Current IncludedIncludedIncluded up Included $10,000 BAE $0.270$0.035 $5,000$2,000$5,000 None atat TML 100%100% BAEYes n/an/a n/an/a year, MaxMax MaxMax NoNo A to 40%40% 2X BAE,BAE, BAE,BAE, a 75% per FTFT 70,70, be $5,000 to 2X2X2X2X toto intended 60%60% not and summary AD&D Spouse/Children Requirement Benefit Retirement Life Amount Counseling Benefit Current ScheduleSchedule Current Amount BENEFITS Contribution EarningsEarnings Schedule $1,000)$1,000) BENEFITS Amount brief Schedule Premium Death BenefitBenefit Premium Carrier DescriptionDescription Work Premium Issue Guarantee Rating from ReductionReduction at from Datea Life Bereavement ofof (per(per Participation AD&D is FINANCIALS Accelerated Terminates AD&D Life Conversion at Guarantee LIFE Portability This Child(ren) of toEducationEmployer DefinitionDefinition Change MaximumMaximum Change Life Common Monthly Best SeatbeltEffective Actively Annual Volume RateRate Applies Waiver Spouse Bag Note: BASICBASIC BasicBasic ClassClass Rate AgeAge Air AM EEEE $% at 65 30% $300,000age 75,Age $250,000 To Members age Employees Employees only Elim; 10/1/2016 $1,000 Proposed $300,000 ofIncludedIncluded $10,000$10,000$10,000 $10.900Years atYears Lincoln $5,000$0.130$0.130$0.140$0.200$0.320$0.540$0.800$1.200$1.980$3.570$5.040$1.160$0.035$0.045 80 Life BAE Yes NoA+ Max 0% 6 1234 40% age to 60; Per Basic 3 2 on up 70, to 10 FT age Based 75% BAE age to 5XPrior at 60% at 30% $300,000 75,Age $100,000 $250,000 Omaha Members Recommended age Employees $1,00010/1/2016 $300,000 ofIncludedIncluded Years atYears $5,000$5,000$5,000$2,000$0.036$0.036$0.045$0.079$0.112$0.172$0.289$0.517$0.794$1.316$2.114$2.114$0.200$0.035$0.035 80 None BAE YesYes to29% of A+ Max 0% 40% age to Mutual up Per 3 2 on up 70, BAE, to FT Based 80% BAE age 5X 5X at 60% Analysis at Club 30% $300,000 75,Age Trophy $500,000 Current Members age Life Employees only $1,00010/1/2016 Renewal $300,000 ofIncludedIncluded atYears Year $5,000$5,000$5,000$2,000$0.036$0.036$0.045$0.079$0.112$0.172$0.289$0.517$0.794$1.316$2.114$2.114$1.160$0.035$0.035 80 None TML Life BAE Yes Voluntary No Max 0% of 40%as ageA to Per Basic1 2 Same on up 70, Town to FT Based 75% BAE age 5X at 60% at 30% $300,000 75,Age contract. $500,000 Current Members age Employees only $1,000 $300,000 IncludedIncluded Current of atYears Year $5,000$5,000$5,000$2,000$0.036$0.036$0.045$0.079$0.112$0.172$0.289$0.517$0.794$1.316$2.114$2.114$1.160$0.035$0.035 80 None TML Life BAE Yes n/a No Max 0% a 40%as ageA to be Per Basic1 2 Same on up 70, to to FT Based 75% BAE intended age 5X at 60% not and Amount $1,000) summary Benefit BENEFITS (per Requirement IssueBenefit Benefit Per (per Schedule Issue ScheduleSchedule Contribution Enrollment Rate Rate: Earnings $1,000 Guarantee Schedule 24 3439444954596469 Maximum ΑЋВ74 brief Rate Premium DeathGuarantee 75+ LIFEto Maximum Description ΑΑΑΑΑΑΑΑ AD&D Work Guarantee Life Rating 2570 3035404550556065 PerUp Reduction Clause a LifeLifeDate AD&D of VOLUNTARY Participation is Accelerated Dependent Life Conversion at Open PortabilityThis Child(ren) of Employee EmployeeEmployeeEmployeeEmployer Definition Best Effective Amount $1,000) Actively Waiver Spouse SpouseSpouseSpouse Suicide $2,000 Note: Class TrueRate Age AM 30+ Occ working LimitationLimitation Any Occ Week Family $2,179.26 10/1/2016 Months $9,443.46 Residual Proposed Employees$302,675 Limit IncludedIncludedIncludedIncludedIncludedIncludedIncluded Days 15% $786.96 Years Lincoln Own 18.75% $0.260 SSNRA $6,000$6,000 3/12 100%100% $100 BAE Yes 60% No A+ per 123 Occ, MonthMonth Full Year No 90 3 Hrs 3 Own 2 Eligible 2424 1% All 30+ Occ. Only working LimitationLimitation Any Omaha Telephonic Occ Recommended Week Included Included $10,169.88 Family $1,452.84 10/1/2016 Months Residual Employees Limit$302,675 85% IncludedIncludedIncludedIncluded Days $847.49 Years 12.50% Own $0.280 SSNRA $6,000$6,000 Analysis 3/12 100%100% $100 BAE YesYes 60% A+ of perOcc, Month Month Full Mutual YearNo 90 NotNot 3 OnlyIncluded, Hrs 3 Club Own 2 Eligible 2424 Disability Occ.99% Trophy All 30+ of working Term Town LimitationLimitation contract. Any Omaha Telephonic Occ Week IncludedIncluded $11,622.72 Family Months Residual Employees Limit$302,675 85% IncludedIncludedIncludedIncluded Days Long $968.56 Current Own $0.320 SSNRA $6,000$6,000 3/12 100%100% $100 BAE YesYes n/an/a n/an/a 60% of A+ Occ, per a MonthMonth Full Mutual Year No 90 be NotNot Included, Hrs 3 Own to 2 Eligible intended 24 24 99% All not and Occ summary Duration Occ/Any Life Integration Requiremen Limitations Current t Limitations Current Limits Contribution Earnings Limits Provision$1,000) Percentage Benefit brief Maximum PeriodBenefit Rehab Benefit Premium Own Description Mental/Nervous Residual/PartialBenefit Premium Issue Benefit AlcoholPreparation Wor Incentive from Guarante Security from Ratin a BENEFITS k Test reportedDate ofof g (per Participation is Program FINANCIALS existing Benefit Care e Match EliminationMandatory at Guarantee This Change Employer DefinitionDefinition Maximum Change Minimum Best Earnings Monthly Effective MonthlyMonthlySurvivor Actively Annual Volume Taxable Rate Family & Social Note: Work Class Drug Rate FICA Self EAP LTD LTCW2 Pre AM EE $% 30+ Occ working LimitationLimitation Any Occ Week Family$1,831.04 10/1/2016 Months$9,887.64 Proposed Residual$305,174 Limit Employees DaysIncludedIncludedIncludedIncludedIncludedIncluded $823.97 15% Years Lincoln15.63% Own $7,500$7,500 SSNRA $0.27 3/12 100%100% $100 BAE Yes 60% NoA+ per 123 Occ, MonthMonth Full Year No 90 3 Hrs 3 Own 2 Eligible 2424 Occ.1% All Hrs 30+ Only working LimitationLimitation Analysis Any Omaha Occ Telephonic Recommended Included $10,253.85 Family$1,464.84 10/1/2016 Months Week Residual $305,174 Limit 85% Days IncludedIncludedIncludedIncluded $854.49 Years 12.50% Own SSNRA $7,500$7,500 $0.28 Employees 3/12 100%100% $100 BAE YesYes 60% of A+ Occ, MonthMonth Mutual perFull Year No 90 Not 3 Alternative Included, 3 Own Club 2 2424 Eligible Occ.99% Trophy All Disability Hrs of 30+ Town Only working LimitationLimitation Any contract. Omaha Occ Telephonic Included $11,718.68 Family Term Months Week Residual $305,174 Limit 85% DaysIncludedIncludedIncludedIncluded $976.56 Current Own$0.320 SSNRA $6,000$6,000 Employees 3/12 100%100% $100 BAE YesYes n/an/a n/an/a 60% A+ of Occ, MonthMonth a Full Mutual per YearNo 90 Long Not be Included, 3 Own to 2 24 24 intended Eligible 99% All not and Occ summary Duration Occ/Any Requirement Life Integration Limitations Limitations Current Limits Curren Contribution EarningsLimits t $1,000) Percentage Benefit brief Maximum PeriodBenefit Rehab Benefit Premium Own Description Mental/Nervous Work Residual/Partial Premium Benefit Issue Benefit AlcoholPreparation Guarantee Rating Incentive from Security from BENEFITS Datea Test reported ofof (per Participation is Program FINANCIALS existing Care Match Mandatory Elimination at Guarantee This Change Employer DefinitionDefinition Maximum Change Minimum Best Monthly Earnings Effective MonthlyMonthlySurvivor Actively Annual Volume Taxable Rate &Family Social Note: Work Class Drug Rate FICA Self EAP LTD W2 Pre AM EE $% per hr period) period) Illness 30+ Working Other begins (elimination Included $15,246.43Enrolled 10/1/2016 Weeks $4,939.84 Proposed Weeks $365.91 $411.65 Years Lincoln $0.270 $0.07 $1,000 Week 3/12 BAE Yes 60% $25 Any NoA+ Employees(benefit 0% 123 Not 113 as 8 10 Day Included Day 15th Eligible 8th All per hr period) period) Illness 30+ Working Omaha Other Analysis begins Recommended (elimination Included $15,246.43 10/1/2016 Weeks $4,939.84 Weeks $365.91 $411.65 Years $0.270 $1,000 Week 3/12 BAE Yes 60%25% of $25 Any No 7%A+ Employees(benefit 0% Mutual Not 113 as 8 Disability Day Included Club Day 15th Eligible 8th Trophy All Term of Short per Town hr period) period) Illness 30+ Voluntary Working Omaha Other begins (elimination Included $15,246.43 Weeks $5,305.76 Weeks Current$442.15 $0.290 $1,000 Week 3/12 BAE Yes n/an/an/an/a 60%25% of $25 AnyNoA+ Employees(benefit 0% Mutual contract. Not 11 as 8 Day Included Day 15th Eligible a 8th be to All intended not and Period summary Day Day BENEFITS Requirement Duration Elim Current Current Begin Begin Contribution Condition Earnings Less Coverage brief $10) Percentage Weekly Premium Benefits Benefit MaximumBenefits STD Description DurationWork Premium Benefit Guarantee Rating from (Per from Datea of VOLUNTARY Participation is FINANCIALS existing Match at This Maternity Employer Definition Change Section Change Rate Accident Minimum Best Monthly Effective Sickness Actively VolumeAnnual Taxable Benefit WeeklyWeekly Note: Class Rate FICA STD Pre AM C$% Proposed $11,126 $13,793$23,236 Years OmahaLincoln $9,443 32% A+ 1234 3 RenewalRecommended $11,891 $12,302$10,170$22,472 Years 35% of A+ Mutual/TMLMutual/TMLMutual 3 Club Analysis Trophy $22,740$10,170$32,909 $1,453 Year Combined 4% A of 1 Town $34,362.30 $22,740$11,623 Current n/an/an/an/a Guarentee Rating Change LifeChange Best CARRIER Total Basic Rate LTD AM $% Proposed $10,778 $13,793$23,680 Years Lincoln $9,888 31% A+ 1234 3 Omaha Recommended $11,903 $12,302$10,254$22,556 Years 35% of A+ Mutual/TMLMutual/TMLMutual 3 Analysis Club Alternative Trophy Renewal $22,740$10,254$32,993 $1,465 Year 4% A 1 of Town Combined Current$22,740$11,719$34,458 n/an/an/an/a Guarentee Rating Change Life Change Best CARRIER Total Basic Rate LTD AM $% Results RFP Plan FSA & H VII. 12 fee) HSA Tax maintence $4.00 (includes $4.00 Document Proposed IncludedIncludedIncluded Check;Years Flores$25.00$30.00$25.00 $2.00$6.00 Statement; 12 monthly PPPM 5 $4.00 $4.00 Bank Statement; Document Proposed Club PPPM Included Included $4.00 Year $30.00$25.00$25.00 $0.75$2.00$6.00 TML Analysis / contract. $2.50 Tax Current Trophy 1 Check; $4.00 $4.00 a of be HSA to Town intended documents not Recon and tax Carddistribution Research/Statement summary or Debit statement Lost Fee brief contribution Fee Withdrawal Statement Card Serviceof Guarantee check, Payment HSA a Fee Replacement is Debit This Overdraft Benefits MonthlyAccount of Excess Initial Paper Note: Copy Rate Stop ATM charge no PPPM Proposed IncludedIncluded IncludedIncludedIncludedIncludedIncludedIncludedIncludedIncluded are years Flores Daily Yes N/AN/AN/A $0$0 12 meetings $4.50 $ 5 Web Club enrollment Analysis Trophy IEBP Current/Proposed PPPM PPPM months materials) MultiState PPPM IncludedIncludedIncludedIncludedIncludedIncludedIncludedIncludedIncludedIncluded Weekly (Standard $5.00 $3.70 $50 N/A N/AN/AN/AN/A of FSA $3.70 Paper: Debit: Town 12 TML Included contract. a be to eligible) System intended Response (# not Month Frequency and Fee Billing Voice Meeting SPD Fee Per Submission Balances summary Maintenance Material Fee and up Employee Status Monthly & SetProcessing Number Internet Eligibility Documents up Communication Guarantee Deposit Account Account FSA Set brief Fee Enrollment Claim Fee Claim Card Time Per Renewal Minimum Benefits MonthlyFree Hour Reports a Annual line Claims Directis Email Check Debit Total Bank Rate View TollThis Plan One On 24 Matrices Selection VIII.Vendor 13 Services Finalist BCBS Programs(20%)1920(10%)910 2830Solutions(20%)192099 (5%)55 (10%)89PastPerformance(5%)35 Comparison Advantage ΑaĻķźĭğƌ Finalist TML 91 Demonstrable for Basis Average Average No / AverageAverageClearly Above Below 100 60708090 Matrix KEY: Selection CODE Initiative Technology Management Innovative / / Systems CostContainment PopulationHealth Processing Vendor Communication (30%) Integrated TOTAL Claims Cost 14 Finalist UNUM (30%)262827Processing(20%)192020(20%)202020Initiative(10%)91010(10%)9101096 (5%)5554 Finalist Α5ĻƓƷğƌ BCBS 98 Comparison (5%)35 Advantage Demonstrable for Finalist TML Basis 90 Average Average No / AverageAverageClearly Matrix Above Below 100 60708090 Selection KEY: CODE Technology Reports Management / Systems Vendor Stability Communication References Integrated Financial TOTAL ClaimsClaims Cost 15 Superior Finalist Vision (30%)243025Processing(20%)20202020(10%)10910939793 (5%)555 Initiative(10%)999(5%)544 80 Average / No Basis for Comparison 100 Clearly Demonstrable Advantage Finalist Vision Davis ΑźƭźƚƓ (20%)2020 Finalist TML 90 Above Average 60 Below Average 70 Average Matrix Selection CODE KEY: Technology Reports Management / Systems Stability Communication Vendor References Integrated Financial TOTAL ClaimsClaims Cost 16 Finalist Lincoln Initiative(10%)10910 3027Processing(20%)192020(20%)19202096 (5%)455 (10%)8109(5%)455 Disability Finalist MOO 99 Comparison Advantage and Finalist TML (30%)2690 Demonstrable for Basis Α\[źŅĻ Average Average No / AverageAverageClearly Above Below 100 Matrix 60708090 Selection KEY: CODE Technology Reports Management / Systems Vendor Stability Communication References Integrated Financial TOTAL ClaimsClaims Cost 17 Finalist Flores (30%)292720 97 Processing(20%)20201010 55 Finalist Comparison Advantage HSA/FSA TML 92 20 5873 Demonstrable for Basis Average Average No / AverageAverageClearly Above Α Below 100 Matrix 60708090 Initiative(10%) Selection KEY: CODE (5%) Technology Reports (20%) (10%) Management / Systems Stability Vendor (5%) Communication References Integrated Financial TOTAL Claims Claims Cost 18 To: Mayor and Town Council From:Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary/RMO Re: Case #PD-AMD-16-050 Town Council Meeting, July 12, 2016 AGENDA ITEM: Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2002-41 P&Z, PD Planned Development District No. 25, in order to amend the approved site plan for the Holiday Inn Hotel located at 725 Plaza Drive on Lot 3R3, Block B, Trophy Wood Business Center (Staff). REQUEST: This is a two-fold item that involves correcting a procedural error relating to the original site plan approval for the Holiday Inn while also considering minor amendments to the site plan package. Procedural error correction: The site plan package was originally approved by the Town Council on December 30, 2013. However, the PD 25 regulations require that all site plans approved in the PD 25 district be approved as amendments to the PD 25 ordinance. Section B(8) of the PD 25 development regulations, approved by Ordinance 2002-41 P&Z, states: “Upon approval, the Final Site Plan shall become an amendment to this Ordinance. In the event of any conflicts between this ordinance and such approved Final Site Plan, the Ordinance adopting the Approved Final Site Plan shall control.” The site plan package approved by the Town Council on December 30, 2013 was not approved as an amendment to the PD 25 ordinance as required above. Therefore, approval of this item, regardless of whether or not the proposed amendments are approved, will correct the error. Attached is the site plan package approved by the Town Council on December 30, 2013. The package will be adopted as an amending exhibit to the PD 25 ordinance by the Town Council. Page 1 of 4 Proposed Amendments to Site Plan Package: The applicant, James Ling with Huling Enterprises LLC, is requesting an amendment to the approved site plan for the subject property. The proposed amendments involve two specific changes: (1)Clarification of the window, door frame and divider colors shown on the elevations; (2) Approval of a sign plan amendment to allow a sign for the new restaurant to be located in the hotel. CURRENT CONDITIONS The subject property contains the Holiday Inn hotel which is currently under construction. The property is zoned PD 25. REQUEST TO AMEND BUILDING ELEVATIONS: This amendment involves a minor modification, and clarification, to the building elevations. On the attached application, the applicant states that they “have installed white windows and doors at the Hotel”. The color elevations included as part of the approved site plan (attached) show dark colored window and door frames. However, the detail sheets show the window and door frames to be white. Therefore, a discrepancy exists. Sheet A-3.01 on architectural elevations included with the approved site plan set refers to sheets A-6.01 through A-6.03, attached, with regard to window types and decorative grills. Sheet A-6.01 states that the “glasscolor of entrance doors and aluminum store fronts to be selected based on the exterior scheme that is used”. Sheet A-6.02 states that the color of the aluminum storefronts and aluminum window frames on the hotel shall be white anodized aluminum and baked enamel white respectively and also states that the actual windows for the hotel rooms shall be solar bronze aluminum insulated tinted glass. The ground floor windows shall be solar bronze aluminum insulated tinted safety glass with the upper portions to be clear. According to the applicant, the actual glass color of the windows will not change. Therefore, with regard to the elevations, the applicant is only requesting that the exterior door and window frames be white thereby matching the existing detail sheets. The elevations submitted with the application show the windows without any dividers. The applicant states in the application that the dividers will be put on the windows and the elevations are provided merely to show how the white window and door frames will look on the building. Therefore, the elevations attached with the application will not be included as an exhibit with the amending PD 25 ordinance. With regard to the reasons for the request the applicant states the following: (1)“Windows are the color that Holiday Inn Corporate requires. They prefer white to bronze. (2)If we paint these it will be a maintenance problem for the rest of the life for this building. (3)We have agreed to put the dividers on windows as the original drawings show. We are waiting till rock is finished and windows cleaned. Then we can apply grid pattern. Page 2 of 4 (4)We have done everything on the plans as indicated on originals, including the privacy fence on back of property.” REQUEST TO AMEND SIGNAGE: The applicant is requesting to amend the approved signage as shown on the approved site plan set in order to provide two signs for the new restaurant to be called “The Crooked Pint Ale House”. According to the attached exhibits, the following are the proposed sign specifics: West Elevation: 1 wall sign. Dimensions: 2’8 1/4” x 13’, Location: 38’2” above ground level, immediately below the Holiday Inn sign. South Elevation: 1 wall sign. Dimensions: 2’4 ½” x 11’ 6 ¼ ”, Location 11’ 7 ¼” above ground level along first floor plate, west of front door. Other sign plan changes include the following changes to the Holiday Inn Signage by increasing wall signage size as follows: South Elevation: Wall signchange- From: 4’1” x 21’ 3 ¼” Dimensions To: 5’1” x 27’ 3 ¾“ Dimensions West Elevation: Wall sign change- From: 3’1” x 15’ 9 ½” Dimensions To: 4’1” 21’ 3 ¼” Dimensions East Elevation: Wall sign is removed PUBLIC NOTICE REQUIREMENT: Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a notice of public hearing concerning the PD amendment was published in the Fort Worth Star Telegram. Notice was also mailed to 37 property owners within 500 feet of the subject property. To date no correspondence has been received. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered this request on June 23, 2016. Approval of the request was split into four separate votes. The vote breakdown of the Commission is as follows: (1)Approval of the original site plan package as an amendment to the PD 25 ordinance: Approved (5-0). (2)Regarding clarification of window framing requirements:Approved (5-0) subject to the following conditions: Building window framing and trim shall be a bronze color consistent with the12/30/2013 Town Council approved color elevations; the painting application of said color to said windows shall be approved by staff. Page 3 of 4 (3)Regarding the building signage for “The Crooked Pint Ale House”: Approved (5-0) subject to the following conditions: Building signage for “The Crooked Pint Ale House” shall be consistent with the plans approved by administrative sign permit number BOTH-001002-2016 on 4/26/2016 subject to the following condition: the wall sign shown on the south elevation shall contain letters that are no higher than 12 inches and a logo that is no higher than 18 inches; the length of said sign shall not exceed 11 feet, 6 inches. (4)Regarding the building signage for “Holiday Inn”: Approved (4-1) subject to the following conditions: Building signage for “Holiday Inn” shall be consistent with the plans approved by administrative sign permit number BOTH-001002-2016 on 4/26/2016 These recommendations are reflected in draft amending ordinance. STAFF REVIEW AND RECOMMENDATION: Staff recommends approval subject to the conditions contained in the draft ordinance reflecting the conditions of the Planning and Zoning Commission. Attachments: Exhibit A – Architectural Detail Sheets A-6.01 through A-6.03 Exhibit B – Sign Plan Amendments Exhibit C – Area Window Treatment Examples Exhibit D – Location and Zoning Map Exhibit E – Proposed Ordinance No. 2016-25 P&Z Page 4 of 4 Area Window Treatment Examples—Hampton Inn Area Window Treatment Examples—Homewood Suites Area Window Treatment Examples—Value Place Area Window Treatment Examples—Baylor Medical Holiday Inn—View Taken on 6/15/2016 Town Boundary Trophy Club City of Southlake R . d n i g K . . T W Holiday Inn Site Plaza Dr. Location Map . r D d W o o y r h T p o 4 Town of Westlake 1 1 H S Property Subject U G Zoning Map 1 4 1 H S To: Mayor and Town Council From:Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary/RMO Re: Case #SUP-16-009 Town Council Meeting, July 12, 2016 AGENDA ITEM: Consider and take appropriate action regarding an Ordinance for a Specific Use Permit for on- premise alcohol sales in conjunction with a restaurant to be operated as part of a Holiday Inn Hotel, on Lot 3R3, Block B, Trophy Wood Business Center located at 725 Plaza Drive, Case SUP- 16-009 (Staff). REQUEST: The applicant, James Ling with Huling Enterprises LLC, is requesting approval of a Specific Use Permit (SUP) for the sale of alcoholic beverages for on-premise consumption for a restaurant inside the new Holiday Inn currently under construction at 725 Plaza Drive. The restaurant will be called “The Crooked Pint Ale House” and will located inside the hotel. According to the restaurant’s web site, www.crookedpint.com, the restaurant is described as follows: “You may call it “The Pint.” You might even call it “CP.” But what ever you call it, Crooked Pint Ale House will soon be your favorite place to get together over a cold beer and a hot meal. (Try one of our Lucys and you’ll be hooked for sure!) Crooked Pint Ale House is a nouveau urban pub with the feel of a local neighborhood restaurant. Crooked Pint offers a full menu and a generous selection of beer, quality craft brews, wines, and spirits. From the rough-sawn oak floors and classic pub furnishings and finishes, to the fresh recipes and authentic smiles, everything at Crooked Pint is the real deal. Families and friends as well as couples and groups will feel welcome and right at home at Crooked Pint. The menu features classic pub faire with nearly 60 choices for lunch, dinner, and weekend brunch as well as kids’ menu selections.” Page 1 of 2 According to the ground floor plan included in the approved site plan for the hotel, the restaurant floor area will contain approximately 5,000 square feet and will be located on the ground floor, south side of the hotel to the west of the main entrance. DISTANCE REQUIREMENTS AND PROXIMITY INFORMATION: The Trophy Club Code of Ordinances states that no alcoholic beverages may be sold within three hundred feet (300’) of a church, public school or private school, or public hospital. The following measurements detail the proximity of the restaurant to the uses listed below. All measurements are calculated based on a straight line drawn from the front door of the restaurant to the closest point of the building mentioned below. For churches and hospitals the required measurement method prescribed by the Code of Ordinances would yield a significantly greater distance than is shown below: Minimum separation of 300 feet required per Code of Ordinances: Distance to closest school (public or private): 1.1 miles (Walnut Grove Elementary School – Carroll ISD) Distance to closest church: 4,000 feet (Lake Cities Church of Christ) Distance to closest hospital: 2,000 feet (Baylor Medical Center) No minimum separation required: Distance to closest residence: 450 feet PUBLIC NOTICE REQUIREMENT: Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a notice of public hearing concerning the PD amendment was published in the Fort Worth Star Telegram. Notice was also mailed to 37 property owners within 500 feet of the subject property. To date no correspondence has been received. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommended approval of the request on June 23, 2016 by a (5-0) vote. STAFF REVIEW AND RECOMMENDATION: Staff recommends approval. Attachments: Exhibit A – Application Exhibit B – Floor Plan Exhibit C – Location and Zoning Map Exhibit D – Proposed Ordinance 2016-26 P&Z Page 2 of 2 Restaurant Floor Plan Town Boundary Trophy Club City of Southlake R . d n i g K . . T W Holiday Inn Site Plaza Dr. Location Map . r D d W o o y r h T p o 4 Town of Westlake 1 1 H S Property Subject U G Zoning Map 1 4 1 H S TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-26P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVINGASPECIFIC USE PERMIT FOR THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD & BEVERAGE CERTIFICATE HOLDERS ONLY LOCATED WITHIN PD PLANNED DEVELOPMENT #25, TROPHY WOOD BUSINESS CENTER,ONLOT 3R3, BLOCK B;PROVIDING FOR THE INCORPORATION OF PREMISES;PROVIDING CONDITIONSAPPLICABLE TO USE; PROVIDING THATSUCH TRACT OF LAND SHALLALSOBE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR AN AMENDMENTTO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS/ DISCONTINUATION/REVOCATION; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant seeks to open a restaurant with alcoholic beverage sales for on-premise consumption within a new Holiday Inn Hotel; and WHEREAS, all legal notices, requirements and conditions having been complied with, theSpecial Use Permit came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering theinformation submitted at the public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and 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 Ordinanceamending the Comprehensive Zoning Ordinance of the Town is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. SPECIAL USE PERMIT CONDITIONS 2.01. ASpecificUse Permit (SUP)fortheSale of Mixed Beverages in Restaurants by Food & Beverage Certificate Holders Only located onLot 3R3, Block BwithinPD Planned Development #25,Trophy Wood Business Center,is hereby approvedas set forth herein, and the SUP and the use for which it is granted is subject to all Applicable Regulations andto the following conditions: A. The Restaurantuse granted by this SUP shall operate within and incidental to the primary use of the property as a hotel. SECTION 3. 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 #25and all amendments thereto. TheSpecific Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or PD Planned Development #25and/or theComprehensive Zoning Ordinance. The Specific Use Permit granted hereby shall discontinueif 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) months. Further, this Specific Use Permit shall be subject to revocation in accordance with the Town Code of Ordinances. SECTION 4. SAVINGSAND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinancewhether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been ORD 2016-26P&Z Page 2 of 4 initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount notless than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues.The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of TrophyClub is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club ishereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. ORD 2016-26P&Z Page 3 of 4 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 12thday ofJuly2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: David Dodd, Town Attorney Town of Trophy Club, Texas ORD 2016-26P&Z Page 4 of 4 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2016-17 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTINGONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within theDistrict. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: That the Town of Trophy Club, Texas, hereby votes to appoint Jim Section 1. Carter as a member of the Board of Managers of the Denco Area 9-1-1District. That this resolution shall become effective immediately upon its Section 2. passage and approval. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 12thday of July 2016. ___________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: _________________________________ Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: _________________________________ David Dodd, Town Attorney Town of Trophy Club, Texas To: Mayor and Town Council From:Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary/RMO Re: Discussion of Portable Classrooms and Other Temporary Uses Town Council Meeting, July 12, 2016 AGENDA ITEM: Town Council to provide direction to Town Staff regarding the regulation of portable classrooms and other temporary uses (Staff). DETAILS: The purpose of this item is to seek Council direction regarding the regulation of portable classrooms and other temporary uses. On June 23, 2016, the Planning and Zoning Commission conducted a workshop to discuss potential regulations for portable classrooms and other temporary uses. Much of the discussion focused on potential amendments drafted by staff and originally presented to the Commission on June 2, 2016 regarding the temporary use permit (TUP) provisions in the code of ordinances. The original staff proposal is included in Exhibit A ndrd along with the original agenda briefing for both June 2 and June 23. The following is a timeline of the item and its related issues: 5/17/2016: Application and request received from NISD to place a portable classroom building at Beck Elementary; 6/2/2016: Planning and Zoning Commission (P&Z) considers both the request by the applicant and the proposed potential regulations from staff that would enable the Town to regulate the portable building. 6/2/2016: The P&Z votes to table both requests as follows: -The amendments to the temporary use standards in Code of Ordinances are tabled to a workshop for further discussion; -The NISD TUP request is tabled for future consideration by the P&Z only after the Council adopts regulations concerning portable classrooms. 6/23/2016: The P&Z conducts a workshop to discuss how to regulate portable classrooms and other temporary uses. The P&Z directs staff to amend the original potential Page 1 of 2 amendments to the TUP regulations to include the following provisions related to portable classrooms: Provide design criteria and color requirements for portable classroom buildings; limit visibility from a public street; Provide breezeway and overhead shelter requirements connecting a portable classroom building and the main school building; Require specific time limits for portable classroom buildings; Require provision of restroom facilities in portable classroom buildings; Maintain theexisting minimum separation from a temporary use and a residential area; Require a connection from the portable classroom building to the main buildings fire alarm system and require the building to be wired for communication to, and consistent with, the main building; Require periodic inspections for portable classroom buildings; Require a copy of the application form with a portable classroom building request; Require severe storm level wind anchoring for portable classroom buildings; Require a portable classroom building to adhere to the overall school campus security plan such that an active shooter would not have an additional advantage apart from the existing school security plan and require the Police Chief to approve the plan; Leave the existing legislative approval process for temporary use permits in place with no exceptions for staff (administrative) approval. NEXT STEPS: Staff has published a public notice (scheduled for publication on 7/10/2016) for the P&Z and Town Council to consider amendments to the temporary use provisions in the Code of Ordinances as follows: Planning and Zoning Commission: July 21, 2016 Town Council: August 9, 2016 COUNCIL DIRECTION: Staff seeks Council direction how to proceed with this issue prior to drafting revised amendments to the temporary use standards in the Code of Ordinances. Attachments: Exhibit A – Staff Report from 6/23/2016 P&Z Workshop Exhibit B – Staff Reports from 6/2/2016 P&Z Meeting Exhibit C – TDLR Bulletin #04-001 Page 2 of 2 STAFF REPORT Planning and Zoning Commission June 23, 2016 Workshop Item:Portable Classroom Regulations SUBJECT : Discussion of Potential Amendments to Chapter 14 - Zoning of the Code of Ordinances regarding the regulation of portable classroom structures. INTRODUCTION: The purpose of this item is to discuss possible regulations addressing portable classrooms. This item stems from a recent request, considered at the June 2, 2016 Planning and Zoning Commission Meeting, from theNorthwest Independent School District (NISD) to place a portable classroom building at Beck Elementary. The Commission voted to table the ordinance amendment and Temporary Use Permit (TUP) requestfor discussion at a future workshop. Both of those agenda items are attached to this briefing in their original format. STATE OF TEXAS REGULATIONS CONCERNINGPORTABLE CLASSROOMS: TheState of Texas classifies portable classrooms as Relocatable Educational Facilities (REF). REF’s are classified as industrialized housing and buildings (IHB) under the Texas Occupations Code. On January 1, 2010, the Occupations Code wasamendedto requirethat a REF,used primarily as an educational facility for teaching the curriculum required by Section 28.002 of the Education Code meet all the provisions of the IHB law, even if the REF is built from the ground up at the installation site. REFs that are constructed in a manufacturing facility and are then moved to the installation site were already covered by the IHB law. Based on the attached bulletin from the Texas Department of Licensing and Regulation, these regulations preempt municipal regulations regarding IHB’s to a certain degree. However,although they cannot be prohibited, cities and towns may still regulate these types of buildings according to the bulletin, which states: “Section 1202.251(a) of the Occupations Code gives the municipality theright to enforce local land use and zoning requirements, buildingsetback requirements, side and rear yard requirements, site planning and development and property line requirements, subdivision control, and landscape architectural requirements. These local requirements Page 1 of 3 and regulations and others not in conflict with the IHB lawor other State law relating to transportation, erection, installation, or use, shall be reasonably and uniformly applied and enforced the same for all buildings –the municipality may not enforce different requirements for industrialized buildings. A municipalitycannot limit an industrialized building to an area zoned for manufactured buildings. A municipality cannot bar an industrialized building constructed under Chapter 1202 from being placed inside city limits. A municipality can bar an industrialized buildingfrom being placed in an area zoned residential.” Given the legal requirements for these types of buildings mandated by the State, and given that the placement of a portable classroom typically involves a public school district, which is, itself, a political subdivision of the Stateexempt from certain municipal land use requirements, the Town Attorney will be present to provide a legal explanation and answer questions, some which may occur in executive session as advised by the Town Attorney. POSSIBLE REGULATIONS: Aside from portable classrooms, most portable structures are currently regulated through the Town’s TUP regulations in Section 14.02.151. These classified buildings are typically uses that are located on a property for a short, defined period of time. Regarding portable classrooms, the Code of Ordinances does not address these at any level. Typically, when a use type is not addressed or noted in the Code, it is therefore prohibited. Given this, pending any discussion with the Town Attorney,staff recommends that regulations for portable classroomsbe adopted. Adoption of regulations for portable classrooms can occur in several ways, which include: Treating the portable classroom as a temporary use and adding provisions to the TUP standards (as noted in the attachedbriefing); Requiring a Specific Use Permit (SUP) for a portable classroom, which would require a more thorough development review process and adoption of an ordinance; Allowing portable classrooms by right and simply requiring a building permit; Regulate portable classrooms through the approval of a building moving permit, which may require P&Z and Council approval, or administrative approval. Staff performed a survey of several cities around Trophy Club in order to determine their regulatory structure concerning portable classrooms. The research yielded little,to no, land use regulations on the part of many municipalitiesgiven the State pre-emptions. As such, many cities require only a building permit, with a few requiring a building moving permit which must be approved by the City Council. NEXT STEPS : Staffseeksdirection from the Commission on how to proceedwith this item. Pending direction from the Commission, staff will bring forward proposed amendments to the Code of Ordinances regarding specific regulations for portable classrooms. Page 2 of 3 Attachments: Exhibit “A” –Tabled agenda items from the June 2, 2016 Planning and Zoning Commission meeting Exhibit “B” – TDLR Bulletin #04-001 Page 3 of 3 STAFF REPORT Planning and Zoning Commission June 2, 2016 ADM-16-012: Amendments to Temporary Use Requirements SUBJECT : Discussion and recommendation regarding amendments to the Town of Trophy Club’s Code of Ordinances, amending Section 14.02.251 – Temporary Uses in order to add the use of portable classroom and provide for other amendments as proposed by Town staff. Case ADM-16-012 INDTRODUCTION: Given the request, which follows this item, from the Northwest Independent School District (NISD) to place a portable classroom building at Beck Elementary, staff proposes amendments to the temporary use provisions in the zoning regulations contained in the Town Code of Ordinances. Currently there are no provisions in the Code of Ordinances for a temporary classroom structure. Given the review of the regulations necessitated by the application from NISD, staff has performed a review of the regulations and proposes the changes detailed in the next section in order to eliminate discrepancies and overlap with other regulations, and to provide changes to the approval process for a temporary use permit. PROPOSED AMENDMENTS: Per the attached markups to Section 14.02.151, the following is a detailed explanation of the proposed amendments to this section: Elimination of all event references 1. – Staff proposes eliminating all references to special events such as circuses, sporting events, etc. Special events are addressed in Article 1.09 of the Code of Ordinances and should not be regulated as temporary uses. The only exception is the town wide garage sale, which remains in the temporary use permit regulations given the more detailed performance criteria in this section. Elimination of Planning and Zoning Commission approval requirement 2. – Staff proposes eliminating the requirement that a temporary use permit require a recommendation from the Planning and Zoning Commission prior to consideration by the Town Council; thus requiring only approval by the Council. The reason for this recommendation involves the following factors: -A temporary use permit is not a permanent zoning action and does not affect the long term land use of the property; -Given the short-term nature of a temporary use, the general lack of complexity and long term impact involvedwith temporary use, an extended review and approval process involving both the Planning and Zoning Commission and Town Council is not necessary. Allowance for administrative approval for certain uses 3. – For temporary real estate sales offices in model homesand trailers, model home parkingand temporary construction trailers, staff proposes that these uses be approved administratively, unless an extended period of time is requested, which would then require Council approval. Addition of a portable classroom use 4. – This use is added given the request that follows this item by NISD. Addition of other uses not listed 5. – This accounts for any other temporary use that is not listed in the regulations that would require approval by the Town Council. Elimination of specific time period limitations in subsections (d) 1 and 2 6.– Staff proposes that, given the variability, diversity and unknown factors that are affiliated with a temporary use, the specific time limitations should be applied by the Town Council on a case-by-case basis where there are not time restrictions already in place in the section. Requirement of a resolution 7. – Staff proposes that, where Council approval is required, a temporary use permit must be approved by resolution. Since the use is temporary, anordinance is not appropriate. Therefore a resolution is recommended. Similar to an ordinance, the resolution wouldcontain any specific conditions and/or waivers in the body of the resolution textalong with a clear time restriction and expirationprovision forthe permit, thereby providing a clear and concise regulatory frameworkfor easy reference by staff, the applicant and other interested parties. PUBLIC NOTICE REQUIREMENT: Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a notice of public hearing concerning the proposed amendments was published in the Fort Worth Star Telegram. STAFF REVIEW AND RECOMMENDATION : The proposed amendments are intended to better address community needs and provide a more effective and efficient review of a proposed temporary use. Staff recommends approval. Attachments: Exhibit “A” – Proposed Amendments to Section 14.02.151 Sec. 14.02.151Temporary uses (a) Permitted uses.Except where exempted below, tThe following uses, which are classified as temporary uses, may be permitted for a period of time by the town councilper the provisions in subsectionc below, after recommendation by the planning and zoning commission. Said period of time shall be determined at the time of approval but shall not exceed the time limit for selected uses as provided herein. (1)Carnivals. (2)Circus. (3)Fairgrounds. (4)Community festivals (not including community garage sales). (5)Community garage sales, by special privilege, see subsection (e) of this section. (6)Religious assemblies. (7)Sports events. (8)Political rallies. (9)Concrete mixing or batching plant used temporarily by contractors during the construction of public improvements or buildings. and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, providing such temporary use is renewed annually. (10) Armed forces displays. (11) Educational or informational displays. (12) Temporary sales of merchandise by nonprofit organizations. (13) Real estate sales offices (located in a permanent residential structure), but only during the development of residential subdivisions, provided that such use shall not be permitted for more than three (3) years.Town council approval shall not be required for this use. (14) Off-street parking for model homes in residential districts, provided on one lot which complies with all setback requirements of the district in which it is located for a time period ofnot greater than one year. Town councilapproval shall not be required for this use.However,any time period extension shall require town council approval.However, such temporary use may be renewed annually. (15) Construction office used temporarily by contractors during the construction of public improvements or building and, in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such improvement or building, providing such temporary use is renewed annually. Town councilapproval shall not be required for this use. (16) Real estate offices (located in trailer or manufactured housing), but only for a time period not to exceed six (6) months; however such uses may be renewed one (1) time. Town councilapproval shall not be required for this use. (17)Portable classroom buildings for a public school. (18)Any other temporaryusenot listed herein. Said use shall beconsidered by the town council. (b) Residential districts. A temporary use shall not be permitted nearer than two hundred fifty (250) feet to a residentially zoned district except for subsection (a)(9) of this section which shall not be located closer than one thousand (1,000) feet to a developed residential district. (c) Temporary use permit.A permit for the temporary use of any property for the above- listed uses shall be secured from the townplanning and zoning administrator prior to such use, after approval by the town councilfor a non-exempt useand after payment of all applicable fees. Council approval shall be in the form of a resolution. Said resolution may contain any conditions, or waivers to this section,imposed by the Councilas a condition of approvalin order to ensure that said use is allowed and conducted such that thecommunity’s health, safety andwelfare is protected.The planning and zoning administrator may recommend anytemporary use permit applicationexemptedherein from town council approvalbe considered by the town council where it hasbeen determined by the administratorthat the proposed temporaryusemay have significant communityinterests. (d) Time period. (1) Except where provided in the list of uses hereinexempted from town council approval, the time period for any use allowed by this section shall be specified in the approving resolution and may not be extended without the approval of the Town Council.Use of a parcel of property for any of the above listed uses for more than thirty (30) days, except for concrete mixing or batching plants, and off-street parking for model homes in a residential district, during any one year shall constitute a permanent use and such parcel or property shall automatically again be subject to the district regulations of the zoning district in which such parcel or property is located. (2) Annual extensions of the temporary use permit may be issued by the zoning administrator upon written request by the applicant. (e) Community garage sale by special privilege. Upon approval by the town council, after recommendation by the planning and zoning commission, a community garage sale shall be permitted by special privilege to civic organizations or nonprofit organizations. Such events shall not occur more than twice annually; and each event shall be one day in duration. Approval of said special privilege shall be a condition to prior approval of operations of the event and the proposed locations of the garage sale sites by the town department of public safety. STAFF REPORT Planning and Zoning Commission June 2, 2016 TUP-16-008: Temporary Use Permit for Portable Classroom 401 Parkview Drive SUBJECT : Discussion and recommendation regarding a request by the Northwest Independent School District for a temporary use permit in order to allow a portable classroom building at Beck Elementary School, located at 401 Parkview Drive. Case TUP-16- 008. NOTE: Consideration of this request is contingent upon approval ofthe preceding amendmentto the Code of Ordinances allowing a temporary use permit for a portable classroom building. REQUEST: The Northwest Independent School District (NISD) is requesting the approval of temporary use permit in order to place a temporary classroom behind Beck Elementary at 401 Parkview Drive. The building will be 24’ x 64’ and 1,536 square feet in size. The building will be located behind the school. According to the applicant, the proposedbuilding was manufactured by Indicom, located in Burleson Texas. This building will be a dry installation and will not have water or restroom facilities. This building will be equipped with a "stand alone" Fire Alarm system, which will be slaved to the main system in the School. The power for this building will be tied into the main building.Access to the building will provided via an ADA compliant ramp to be constructed on-site. According to the temporary use regulations in the code of ordinances, “a temporary use shall not be permitted nearer than two hundred fifty (250) feet to a residentially zoned district”. The proposed building will be located approximately180 feet from the PD 15 residential zoning district. Therefore, a waiver to this requirement will be required as part of the final approval of this item. The proposed building will be located approximately 85 feet from the Roanoke/Trophy Club corporate boundary line. The applicant did not specify a specific time period for the proposed temporary use. Staff recommends that the use be allowed for one year from the date of approval by the Town Council with any extensions for additional time requiring further Council approval. There are currently no portable classroom buildings located onany school campus in the Town. CURRENT CONDITIONS AND ZONING: The subject property contains 8.7acres and is developed as Beck Elementary School. The property is platted as part of the NISD East Campus Additionand is zoned CR- Commercial Recreation. STAFF REVIEW AND RECOMMENDATION : The proposed portable classroom building would be located behind the school and be in place for a maximum of one year with any time extensions requiring further legislative approval. A waiver will be required to the distance requirement from a residentially zoned property. Staff recommends approval subject to the conditions stated herein. Attachments: Exhibit“A” –Application Exhibit “B” –Site Plan Exhibit “C”– Building Example Exhibit “D”–Location Maps and Aerial Exhibits 401ParkviewDrive,TrophyClub,Tx.76262 Setupofa24'X64'modulardoubleclassroombuilding. NorthwestISD,MaintenanceDepartment 1800StateHwy114 Justin,Texas,76247 817-215-0019,817-215-0020 817-215-0077 jsadler@nisdtx.org Weneedtomoveinandsetupaindustrialized24'X64'doubleclassroombuildingtoaccommodate increasedenrollment.ThisbuildingwasmanufacturedbyIndicom,locatedinBurlesonTexas.Thisbuilding willbeadryinstallationandwillnothavewaterorrestroomfacilitieslocatedinit.Thisportablewillbe equippedwitha"standalone"FireAlarmsystem,whichwillbeslavedtothemainsystemintheSchool.The powerforthisbuildingwillbetiedintothemainbuilding. AccesswillbeprovidedviaaADAcompliantramp&landing,constructedonsite. $25,000.00 JimSadler 05/17/2016 ..... . City of Southlake Beck Elementary Location of Proposed Building Location Map Town Boundary City of Roanoke Trophy Club Beck Elementary Location of Proposed Bird’s Eye View Building City of Roanoke Bread Winners Site Revised May 12, 2009 To: Mayor and Town Council From:Stephen Seidel, Town Manager CC: David Dodd, Town Attorney Re: Interlocal Agreement for Non-Standard Services with Trophy Club MUD No. 1 Town Council Meeting, July 12, 2016 Agenda Item: Consider and take appropriate action regarding an Interlocal Agreement for Non-Standard Water and Wastewater Services between the Town and Trophy Club Municipal Utility District No. 1; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Explanation: The Town began the process for seeking water and sewer connections with the MUD in January 2016. Ultimately, the attached Interlocal Agreement was developed between the Town and MUD. The agreement provides for the relocation of an existing 12” water line to the northern property boundary, water service, and sewer service. The MUD required a 30 day sewer study to gauge the flows of the existing infrastructure. The Town is waiting on the conclusions of the flows to provide to the MUD so their capacity can be determined within an existing 8” sewer line Town Hall would tie into as well as an existing lift station. We have requested the existing capacity of that infrastructure, but have not been provided it to date. Therefore, the agreement allows the Town to terminate the agreement prior to connection to the MUD infrastructure. If there would be sewer upgrades required, the Town and MUD would need to separately negotiate those improvements by separate agreement. Or, the Town could investigate alternative options based upon estimated costs. Staff is hopeful that the Town Hall impact of approximately 8.6 LEUs (Living Unit Equivalents) would not impact the existing infrastructure to the degree where wastewater improvements are needed. Attachments: Non-Standard Service Agreement Recommendation: Staff recommends approval of the agreement. Page 1 of 1 To: Mayor and Town Council From:Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary/RMO Adam Adams, Parks and Recreation Director Re: Presentation of the Veteran’s Memorial Design Completion Town Council Meeting, July 12, 2016 Agenda Item: Consider and take appropriate action regarding the design of the Veterans Memorial; discussion of same (Staff). Explanation: Council has directed staff to pursue the original design for the Veteran’s Memorial that was presented by the Trophy Club Women’s Club in 2012 and approved by Council at that time. This design will incorporate the remaining elements that have not yet been implemented within the Veteran’s Memorial site. Teague, Nall & Perkins will present the completed design and accompanying cost estimates for Council’s direction and approval. Page 1 of 1 To: Mayor and Town Council From:Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary/RMO Re: Electronic Sign for Wonderland Montessori Town Council Meeting, July 12, 2016 AGENDA ITEM: Consider and take appropriate action regarding a request to install an electronic message board within a new monument sign for Wonderland Montessori School located at 2500 Bobcat Boulevard, being located in the PD-27 zoning district, Case ME-16-003 (Staff). REQUEST: Marvin Utter, Razor Signs, on behalf of Sanjay Joshi, is requesting approval of an electronic sign to be placed within a new monument sign for a new school to be called “Wonderland Montessori Academy”. Section 4.03(F) of the Sign Regulations in the Town’s Code of Ordinances requires any installation of an electronic sign to obtain the approval of the Town Council upon the recommendation of the Planning and Zoning Commission. The states specifically: F. Changeable Electronic Variable Message Sign (CEVMS) or Electronic Message Board Signs: For CEVMS or Signs with Electronic Message Boards, other than Billboard Signs, the approval of Town Council upon recommendation of the Town Planning and Zoning Commission is required to convert any existing sign into or to construct any new sign as a CEVMS or to construct any existing sign into or to convert any new sign into a sign with an Electronic Message Board. Furthermore, the table in Section 4.09(C) of the regulations caps the maximum area of an electronic at 50 square feet with a maximum height of four feet. The following are the definitions for this type of sign in the regulations: Changeable Electronic Variable Message Sign (CEVMS) Definition: A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including light emitting Page 1 of 3 diode (LED) or Electronic Message Board or digital sign, and which varies in intensity or color. A CEVMS does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices, as amended. Electronic Message Board Definition: A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. The term includes a Programmed Electronic Display. Given these definitions, an electronic sign may change messages and scroll messages with no restrictions on animations as well. However, the sign cannot flash and cannot create a safety hazard to passing vehicle traffic. SIGN DETAILS: The proposed electronic sign would be 3’ in height and 8’1” wide with a total area of slightly over 24 square feet and would be placed within a new monument sign below a new 13” x 8’1” marquee. The Village Center regulations in the PD 27 ordinance do not specifically prohibit CEVMS signs, nor do they address them. Section 2(e)2 states: “Lighting: Signs shall generally be externally lit. Only individual letters and symbols may be internally lit. Neon signs shall be prohibited.” Therefore the upper marquee cannot be internally lit. Given the legislative approval required for any CEVMS sign, the Planning and Zoning Commission and Town Council have full discretion as to whether the ordinance language above prohibits CEVMS signs as well. Since the June 23, 2016 Planning and Zoning Commission meeting, the applicant notified staff that they are willing to accept certain restrictions on the sign as follows: No off-site advertising on the sign; “No Flashing, videos, or animations (can be controlled by not changing more than every 8 seconds). Every 15 seconds would be oktoo. But most Cities (such as Plano, Dallas, Arlington, Ft Worth) have every 8 seconds.”; “The Optec signs automatically dim down at night.” PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommended denial of the request on June 23, 2016 by a (5-0) vote. Page 2 of 3 STAFF ANALYSIS AND RECOMMENDATION: The sign regulations in the Code of Ordinances require any electronic sign to be approved by the Town Council upon the recommendation of the Planning and Zoning Commission. Other than the electronic sign request, the other elements of the sign, as proposed, comply with the sign regulations in the Code of Ordinances and the PD 27 regulations. Approval of the electronic sign request is at the complete discretion of the Town Council. Attached is a survey of area municipalities and their specific regulations regarding this type of signage. Staff has attached this survey should the Council wish add any conditions to the approval of this item. The Town Council’s options regarding action of this request are as follows: 1. Approve of the request as submitted; 2. Approve of the request with additional condition(s); 3. Table the agenda item to a specific date with clarification of intent and purpose; 4. Deny the request. Attachments: Exhibit A – Application and Exhibits Provided by Applicant Exhibit B – Village Center Regulations Exhibit C – Area City Electronic Sign Survey Exhibit D – Staff Exhibits and Location Maps Exhibit E – Correspondence Received from Applicant – 6/28/2016 Page 3 of 3 J.Village Center: 1. Permitted Uses: a. Bakery b. Bank c. Barber or beauty salon d. Bookstores e. Cafes with or without patio f. Community Facilities to include libraries g. Day Care h. Day spa (hair salon, facial treatment, massages) i. Dry cleaning and laundry (pickup/drop-off only) j. Financial institutions k. Florist (no outdoor storage) l. Furniture sales (no outside sales or display) m. Kindergarten n. Municipal facilities to include Fire, Police, and EMS o. Pet services including veterinarian (without outdoor kennels) p. Professional and administrative offices q. Religious Institutions r. Restaurants s. Schools, Private or Public t. Specialty Shops 2. Architectural and Site Design Standards: These design standards shall apply to all Permitted Uses except Day Care, Kindergarten, Schools (Private or Public), and Religious Institutions. These uses shall meet the Town of Trophy Club design requirements. a. Building Walls and Roofs 1) An expression line shall delineate divisions between floors of all buildings, and a cornice shall delineate the tops of facades that do not utilize a pitched roof. 2) All buildings shall be designed such that no mechanical equipment (HVAC, etc.) and satellite dishes are visible from the public right-of-way or open space, whether the equipment is located on the ground, exterior walls or the roof. To screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched or parapet roof system enclosed on all sides. 3) Mansard roofs and flat membrane-type roofs that are visible from ground level are prohibited. 4) For retail storefronts, a transom, display window area and bulkhead at the base shall be utilized. 5) Ground floor retail building plate heights should provide for at least fourteen feet (14’) in height. 6) Generally, windows shall be oriented vertically. 7) Columns and piers generally shall be spaced no farther apart than they are tall. 8) Transparency: i. Each floor of any building façade facing a park, plaza or street shall contain transparent windows covering from fifteen percent (15%) to seventy-five percent (75%) of the façade area. ii. In order to provide clear views of merchandise and to provide natural surveillance of exterior street spaces, the ground-floor along the retail storefront facade shall have transparent storefront windows covering no less than fifty percent (50%) of the façade area. iii. Entryways recessed at least four feet (4’). b. Permitted Finishes: 1) At least eighty percent (80%) of the exterior of all new buildings (excluding doors and windows) shall be finished in one or more of the following materials: i. Brick, stone, cast stone, or stucco. ii. Split face concrete block, poured-in-place concrete, and tilt-wall concrete. It is the intent that any use of concrete products shall have an integrated color and be textured or patterned. Tilt-wall concrete structures shall include reveals, punch-outs, or other similar surface characteristics to enhance the façade on at least twenty percent (20%) of each façade. iii. Side facades and rear facades shall be of finished quality and of the same color and materials that blend with the front of the building. Rear facades may be painted tilt-wall or painted block matching the same color of the rest of the building if the rear façade faces an alley or is not viewable from a public street or right-of-way. 2) To improve the pedestrian orientation, the ground floor of commercial/retail buildings shall utilize a combination of the following, unless otherwise approved by the Town: i. Corbelling, molding, string coursing, ornamentation, changes in material and color, or other sculpturing of the base; ii. Recessed windows or other techniques to distinguish the windows in the façade such as arches, pediments and mullions; and iii. Entryways recessed at least four feet (4’). 3) The utilization of repetitive storefronts for “architectural” consistency is discouraged in order to maintain an interesting street experience; although the utilization of common architectural elements shall be considered to facilitate a certain level of functional continuity. c. Building Orientation and Pedestrian Site Design: 1) Any building (excluding parking garages and other accessory buildings) viewed from a public right-of-way or public open space shall either face such right-of-way or open space, or shall have a façade facing such area in keeping with the character of the front façade, including the utilization of similar fenestration and materials. 2) Pedestrian Elements To improve the walkability and access of commercial and retail areas, the following are encouraged in the site design of a project: i. Patio/café seating areas ii. Bicycle racks iii. Continuous walkways linking stores vi. Shade provided by building orientation, canopies and/or trees vii. Decorative Trash receptacles 3) Parking Lot and Building Frontage Landscaping and Design i. A minimum of fifteen (15) square feet of landscaping including tree islands for each parking space shall be provided within the paved boundaries of the parking lot, with the landscaped areas protected by raised curbs except where wheel stops are utilized at the front of parking spaces along a landscaped median between parking bays, and pavement no closer than three feet (3’) from the trunk of trees. ii. Landscaped islands of a minimum of five feet (5’) in width and extending the entire length of the parking stall generally shall be located at the terminus of all parking rows and shall contain at least one three inch (3”) caliper tree consistent with the Tree List in Section VI – Development and Design Standards. iii. Parking spaces shall be a minimum depth of 18 feet and a minimum width of 9 feet; to encourage better shade patterns, parking bays shall be separated by a minimum five foot (5’) wide landscaped median (See illustration below), with three inch (3”) caliper shade trees planted every thirty feet and wheel stops placed so as to allow the front of vehicles to encroach over the landscaped median without hitting the trees. iv. Foundation plantings are required for buildings or groups of buildings greater than 40,000 square feet and where the front building facade does not abut a public sidewalk, including a 3.0 inch caliper shade tree for every 10,000 square feet of gross building area consistent with the Tree List as set forth in Section VI. Small ornamental trees are permitted on a ratio of 4 to 1 instead of 3.0 inch caliper shade trees. This is intended to enhance the pedestrian experience in front of larger buildings and to break up large impervious surfaces between parking areas and the building. Foundation planting trees shall be planted within approximately 30 feet of the front façade and are required in addition to any street trees required herein. Tree grates shall be utilized for trees planted less than four (4) feet back of curb. Tree spacing shall not impede sign visibility or pedestrian safety but shall be placed so as to provide an effective shade environment in front of the building. d. Loading Areas and Trash Receptacles: 1) Loading and service areas shall be located at the side of or in the rear of buildings. Every effort should be made to reduce the need for segregated loading and service areas by ensuring that deliveries are made off-hours. Such uses as grocery stores, however, may require a loading dock area. Where tractor/semi-trailer delivery may conflict with land uses on or adjacent to the site, then the following standards shall be followed: i. Loading and service areas shall be located at the side or rear of buildings. ii. Off-street loading areas shall be screened from view of any street public open space or adjacent property. iii. Loading areas shall be enclosed on three sides by a wall or other screening device not less than 10 feet in height. iv. Loading areas shall not be located closer than 50’ to any residential lot, unless wholly within an enclosed building. v. Screening materials shall be comprised of a wall that has a similar finish to the primary structure, or a combination of trees and shrubs that will result in solid screening within 2 years. vi. However, when adjacent to a residentially zoned district a screening wall with landscaping shall be used. 2. Trash/Recycling Receptacles: i. Commercial trash/recycling containers shall be located on the side or rear of the building and screened from public view. ii. Such containers shall be located at least 50’ away from adjacent residential property lines. iii. Such containers shall be screened on 4 sides, ’ using an enclosure that is 7 tall or of a height that is a minimum of 1’ above the top of the container, whichever is taller. Screening shall be comprised of brick, stone, reinforced concrete, or other similar masonry materials that have a similar finish to the primary finish; and all fence posts shall be rust- protected metal, concrete based masonry or concrete pillars. iv. 6” concrete filled steel pipes shall be located to protect the enclosure from truck operations. v. Such container enclosures shall have steel gates and tie-backs to secure them in an open position, and fasteners to keep them closed. vi. Screening shall be maintained at all times. e. Signage 1) General: Signs shall be flat against the façade, projecting from the façade or ground monument mounted. No signs shall project above the façade unless approved as part of a site plan as a “landmark sign” such as a theater marquee or other special sign located in an prominent location and intended to provide a special character to the district and orientation to visitors. 2) Lighting: Signs shall generally be externally lit. Only individual letters and symbols may be internally lit. Neon signs shall be prohibited. 3) Finish Materials: Materials shall complement the architecture of the building, and may include wood— painted or natural; metal—copper, brass, galvanized steel; painted canvas; paint; engraving directly on façade surface; and brick or stone for monument signs. 4) Wall Signs: i. One and a half (1.5) square feet of signage is permitted for each linear foot of the primary facade of the building, excluding wing walls. (E.g. a 100’ long building façade would allow for 150 square feet of wall sign area on the building.) ii. Only one building façade with a primary entrance may be used to calculate wall signage. iii. Wall signs may be placed on any face of the building except if adjacent to a residential lot. iv. Maximum area of any single sign mounted perpendicular to a given façade shall not exceed 10 square feet unless it protrudes above the top of the facade. v. Protruding or hanging signs shall maintain a minimum clear height of eight (8) feet above the sidewalk. 5) Monument Signs: i. Monument signs up to eight (8) feet in height are the only permanent freestanding signs allowed. ii. Maximum area of a monument sign shall be 96 square feet per sign face. Monument signs may have only two (2) sign faces. iii. If a Commercial Neighborhood extends over 1000 linear feet, then one monument sign per 500’ of frontage is permitted. (E.g. a site with 1,000’ or more of frontage may have two (2) monument signs, a site with 1,500’ or more may have three (3) signs, etc.). iv. The structure of monument signs shall be constructed of materials and colors utilized on the primary building’s façade. v. Monument signs must be spaced a minimum of two hundred fifty feet (250’) apart, unless approved otherwise at Detailed Site Plan. 6) Parking: Retail and office uses shall meet the Town’s parking standards at the time of development. Subject Property Location Map Property Plat Property Subject ng East on Bobcat Blvd. Future Sign Location—Looki Bobcat Blvd. From:marvin@razorsigns.com To:Ron Ruthven Cc: Subject:Wonderland - Meritorious Exception - Town Council Mtg Tues 7/12/16 Date:Monday, June 27, 2016 11:28:44 PM Ron, Please try to put us ahead of the Holiday Inn on the Agenda. Do to some concerns brought up at the P & Z, the following are the restrictions that the owner is willing to abide by: - NO Off-site advertising on his L.E.D. - No Flashing, videos, or animations (can be controlled by not changing more than every 8 seconds). Every 15 seconds would be ok too. But most Cities (such as Plano, Dallas, Arlington, Ft Worth) have every 8 seconds. - The Optec signs automatically dim down at night. Let me know if you have any questions. Thanks, Marvin Utter Razor Signs cell 469-446-0053 PS I will be on vacation starting tomorrow morning, but I can be reached by cell until approx. 5 pm on Wed. To: Mayor and Town Council From:Adam Adams, Parks and Recreation Director CC: Stephen Seidel, Town Manager Steven Glickman, Assistant Town Manager/CFO Holly Fimbres, Town Secretary/RMO Re: Allowing Golf Cart Use on Designated Areas within Town Parks Town Council Meeting, July 12, 2016 Agenda Item: Consider and take appropriate action regarding an Ordinance amending Chapter 1, “General Provisions” and Chapter 12, “Traffic and Vehicles” of the Town of Trophy Club Code of Ordinances to allow golf carts to be driven on designated paths and in designated areas; and providing a penalty and an effective date (S. Shoffner and G. Reed). Explanation: Council has directed that staff research, develop and implement a plan to allow for golf carts registered with the Town to park in designated areas within the park system. Staff has identified areas within the park system and is now bringing to Council the necessary ordinances that must be amended to allow for this use.The implementation stage will require the installation of parking spaces within the park system and accompanying signage as to what portions of the trail system will be accessible by registered golf carts. Attachments: Identified spaces for golf cart parking within Independence East Park Identified spaces for golf cart parking within Independence West Park Identified spaces for golf cart parking within Harmony Park Ordinance No. 2016-23 Page 1 of 1 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-23 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS; AMENDING SECTION 1.08.031, “DEFINITIONS” OF DIVISION 2, “PARKS AND RECREATION BOARD”, OFARTICLE 1.08, “PARKS AND RECREATION”, OF CHAPTER 1, “GENERAL PROVISIONS” OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCESTO ADD A DEFINITION FOR MOTORIZED CARTS;AMENDING SUBSECTIONS (1), (3),AND (7) AND ADDING SUBSECTION (8)OF SECTION 1.08.062, “VEHICULAR REGULATIONS”OF DIVISION 3, “PARK REGULATIONS”, OF ARTICLE 1.08, “PARKS AND RECREATION”, OF CHAPTER 1, “GENERAL PROVISIONS” OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCESTO ALLOW GOLF CARTSIN DESIGNATED AREAS;AMENDING SECTION 12.07.002, “DEFINITIONS” OF ARTICLE 12.07, “MOTORIZED CARTS”, OF CHAPTER 12, “TRAFFIC AND VEHICLES” OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO AMEND THE MOTORIZED CART OR CART DEFINITION;AMENDING SUBSECTIONS (C)AND (H) OF SECTION 12.07.003, “OPERATIONAL REGULATIONS”AND SUBSECTION (A) OF SECTION 12.07.004 “EQUIPMENT”OF ARTICLE 12.07, “MOTORIZED CARTS”, OF CHAPTER 12, “TRAFFIC AND VEHICLES” OF THE TOWN OF TROPHY CLUB CODEOF ORDINANCES TOALLOW GOLF CARTSIN DESIGNATED AREAS;PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE;PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas(the “Town”) is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS , Staffhas reviewed the existing Ordinance governing the use of motorized carts upon park property within the Town and has determined it necessary and appropriate to recommend that Council make various amendmentsto Chapter 1, “General Provisions” and Chapter 12, “Traffic and Vehicles” of The Town of Trophy Club Code of Ordinances; and WHEREAS , the establishment of additional regulations and prohibitions is needed for the orderly operation of motorized carts upon Townpark properties and facilities; and WHEREAS, the Town Council has reviewed the proposed amendments and finds them necessary and appropriate in the interest of the public health, safety and welfare. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENT 2.01 Section 1.08.031, “Definitions”of Division 2, “ParksandRecreation Board”, of Article 1.08, “Parks and Recreation”, of Chapter 1, “General Provisions” of the Town of Trophy Club Code of Ordinancesis hereby amended to addadefinition for “Motorized cart or cart” in alphabetical order as part of the existing list of “Definitions”so that the new definition shall be and read in its entirety as follows and all other definitions not expressly amended hereby shall remain the same: “CHAPTER 1 GENERAL PROVISIONS . . . ARTICLE 1.08 PARKS AND RECREATION . . . Division 2.Parks and Recreation Board Section 1.08.031Definitions …Director Motorized cart or cart. Thoseelectric or gasoline powered motor vehicles, commonly referred to as golf carts, but which must have a minimum of four (4) wheels, which have an attainable top speed of less than twenty (20) miles per hour on a paved level surface, and which have a valid Motorized Cart Permit issued in accordance with Article 12.07, “Motorized Carts”. Specifically excluded from this definition are those motorized conveyances commonly referred to as low speed vehicles (LSV’s), neighborhood electric vehicles (NEV’s), all terrain vehicles (ATV’s), four-wheelers, Mules, Gators, and go-carts. ORD 2016-23Page 2 of 7 Park…” 2.02 Subsections (1), (3),and (7),are hereby amended, and a new Subsection (8) is herebyadded toSection 1.08.062 “Vehicular regulations”of Division 3, “Park Regulations” of Article 1.08, “Parks and Recreation”, of Chapter 1, “General Provisions” of the Town of Trophy Club Code of Ordinances to allow for motorizedcarts to travel within andto park within designated areasof the Town parks and trailsso that Subsections (1), (3), (7), and (8) shall be and read in theirentirety as follows: “CHAPTER 1 GENERAL PROVISIONS . . . ARTICLE 1.08 PARKS AND RECREATION . . . Division 3. Park Regulations Section 1.08.062 Vehicular regulations (1)Operate a motor vehicle at a rate of speed in excess of fifteen (15) miles per hour upon a drive,a designated area of a trail, a road or parking lot within or upon park property unless such area is otherwise posted. … (3)Operate a vehicle, device, motorized assisted scooter or other motorized device including, but not limited to vehicles known as ATV’s anywhere in or upon park property, including without limitation, a green space or other grassy area, a common area, a pathway, or a sidewalk, unless such area is specifically designated for that purpose by the director; provided however that this prohibition shall not apply to a device for assisting the disabled or a device that is medically necessary to assist a person with personal mobility. … (7)Cause or allow either an operable or an inoperable motor vehicleor motorized cartto remain on any parking area for a period of more than twenty-four (24) continuous hours. (8) Motorized carts shall only be operated in those areas specifically designated by the director and identified by the use of signage and/or other pavement markings.” ORD 2016-23Page 3 of 7 SECTION 3. AMENDMENT 3.01 Section 12.07.002, “Definitions” of Article 12.07, “Motorized Carts”, of Chapter 12, “Traffic and Vehicles” of the Town of Trophy Club Code of Ordinancesis hereby amended to modify the “Motorized cart or cart” definition so that the new definition shall be and read in its entirety as follows and all other definitions not expressly amended hereby shall remain the same: “CHAPTER 12 TRAFFIC AND VEHICLES . . . ARTICLE 12.07 MOTORIZED CARTS . . . Section 12.07.002 Definitions …Low speed vehicle (LSV) Motorized cart or cart. Thoseelectric or gasoline powered motor vehicles, commonly referred to as golf carts, but which must have a minimum of four (4) wheels, which have an attainable top speed of less than twenty (20) miles per hour on a paved level surface, and which have a valid Motorized Cart Permit issued in accordance with Article 12.07, “Motorized Carts”. Specifically excluded from this definition are those motorized conveyances commonly referred to as low speed vehicles (LSV’s), neighborhood electric vehicles (NEV’s), all terrain vehicles (ATV’s), four-wheelers, Mules, Gators, and go-carts. Nighttime…” 3.02 Subsections(c)and (h) ofSection 12.07.003, “Operational regulations” of Article 12.07, “Motorized Carts”, of Chapter 12, “Traffic and Vehicles” of the Town of Trophy Club Code of Ordinancesis hereby amended to allow for golf cartson designated paths and in designated areasso that the amended subsections shall be and read in theirentirety as follows: “CHAPTER 12 TRAFFIC AND VEHICLES . . . ARTICLE 12.07 MOTORIZED CARTS . . . ORD 2016-23Page 4 of 7 Section 12.07.003 Operational regulations (c)Sidewalk or pedestrian way. A driver shall not operate a motorized cart on any sidewalk, pedestrian walkway, jogging path, park trail or any location normally used for pedestrian traffic, unless such operation is by police or other authorized town personnel acting in an official capacity and performing an official duty, or specifically authorized by another section in the Code of Ordinances. … (h)Parking. A driver of a motorized cart may park a cart only in the same manner and at the same places designated for the parking of motor vehiclesor motorized carts. The stopping, standing or parking of motorized carts in an area where parking is not allowed or in any place or manner that impedes the flow of traffic, pedestrian walkways or a passageway is prohibited. A driver shall not park a motorized cart within a space designated for disabled persons unless a current disabledparking placard is displayed on the cart and the person to whom the placard was issued is operating or being transported in the motorized cart. Notwithstanding the foregoing, a property owner may designate an area outside of a parking area specifically for the use of motorized carts, provided that the area is marked with appropriate signage and that the parking of a cart in that area does not obstruct a fire lane, ingress or egress to a building, and does not interfere with the flow of vehicular traffic ina parking area.” 3.03 Subsection (a) of Section 12.07.004,“Equipment” ofArticle 12.07, “Motorized Carts”, of Chapter 12, “Traffic and Vehicles” of the Town of Trophy Club Code of Ordinancesis hereby amended to allow golf carts anywhere authorized by the Code of Ordinancesso that the amended subsectionshall be and read in theirentirety as follows: “CHAPTER 12 TRAFFIC AND VEHICLES . . . ARTICLE 12.07 MOTORIZED CARTS . . . Section 12.07.004 Equipment (a)General. It shall be unlawful for a person to operate a motorized cart on the streets of the town or anywhere authorized by the Code of Ordinances if a permit has not been issued for the cart, if the motorized cart does not meet all minimum equipment standards, if required liability insurance for ORD 2016-23Page 5 of 7 the cart is not maintained, or if a person fails to comply with any other requirement of this article.” SECTION 4. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phraseor word in this Ordinance, or its application 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 it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Clubis hereby directed to engross and enroll this Ordinance in accordance with the Home Rule Charter of the Town. SECTION 7. 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs orcontinues. SECTION 8. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. ORD 2016-23Page 6 of 7 SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 12th day of July2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: David Dodd, Town Attorney Town of Trophy Club, Texas ORD 2016-23Page 7 of 7 To: Mayor and Town Council From:Ron Ruthven, Town Planner CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary/RMO Re: Discussion of Alcoholic Beverage Regulations Town Council Meeting, July 12, 2016 AGENDA ITEM: Town Council to provide direction to Town Staff regarding the regulation of alcoholic beverages (Staff). DETAILS: On May 7, 2016, Trophy Club voters approved a local option referendum that allows “The legal sale of all alcoholic beverages including mixed beverages”. The effect of this election was to enable the Town to allow a higher percentage of alcoholic beverage sales to food sales ratio in restaurants and to allow stand-alone bars and taverns. Prior to the election, restaurants could derive no more than 50% of their gross receipts from alcohol sales, both by local option status and by Town ordinance. Since the change in local option status merely enables the Town to allow this, the Town’s alcoholic beverage regulations would have to be to be amended to actually allow sales of over 50%. Current Alcohol Status: Trophy Club, given its local option status, is currently enabled to allow and regulate the sale of ALL legally permissible (under the Texas Alcoholic Beverage Code) alcoholic beverages including on-premise (restaurants, bars, taverns) and off-premise (grocery stores, convenience stores, liquor stores) sales. Current Town regulations allow restaurants with alcoholic beverage sales, beer and wine sales for off-premise consumption and liquor stores. All of these uses require the approval of a Specific Use Permit by the Town Council prior to any issuance of the certificate of occupancy. Bars and taverns are not permitted under the current regulations. Possible Amendments: Given the local option status explained above change, staff has drafted a summary of potential amendments to the Town’s alcoholic beverage regulations, which reads as follows: 1.SUP Use Changes and Additions:Currently the Town requires a Specific Use Permit (SUP) for any alcohol sales. The current regulations require the following: Page 1 of 3 SUP for Off-Premise beer and wine sales SUP for Liquor Store SUP for Restaurant with Alcoholic Beverage Sales Staff proposes amending the regulations to clarify the above listed uses and add the use of a bar/tavern as follows: SUP for the Sale of Alcoholic Beverages for On-Premise Consumption in Conjunction with a Restaurant use(Would include a new definition to allow alcohol sales up to 75% of gross receipts) SUP for the Sale of Alcoholic Beverages for On-Premise Consumption - Bar or Tavern (Would include a new definition of a bar/tavern along with potential additional minimum criteria such as higher minimum distance requirements from churches, schools, residences, hospitals, etc. Would only be allowed in CG, CR or PD zoning) SUP forAlcoholic Beverage Sales for Off-Premises Consumption (Beer & Wine Only) (minor name change only) SUP for Alcoholic Beverage Sales for Off-Premises Consumption – Liquor (Package) Store (minor name change only) Staff recommends that all existing SUP’s issued for on-premise consumption be required to apply for a new SUP in order to allow a percentage of alcohol sales above 50% of gross receipts. The current SUP’s allowing on-premise alcohol sales are as follows: Trophy Club Country Club – 500 Trophy Club Drive Vinny’s Italian Restaurant - 2003 SH 114, Suite 350 Fish and Knife - 2001 SH 114, Suite 190 Cristina’s Restaurant - 2003 SH 114, Suite 300 Breadwinners – 3000 SH 114 (PENDING) Crooked Pine Ale House / Holiday Inn – 725 Plaza Drive 2.Changes to SUP Requirements:Staff proposes amending the current SUP requirements such that an SUP issued for any alcoholic beverage sales establishment would automatically expire upon a change of ownershipand/or change to, expiration, termination, or revocation of, the certificate of occupancy for the establishment. 3.Other Minor Text Modifications: The original alcoholic beverage regulations for the Town were approved in 1987. These regulations have since been amended several times, leaving some outdated definitions and discrepancies. Staff proposes clean-up of these items. Page 2 of 3 4.Fees:Upon Council’s direction, staff will perform a fee survey and propose amended fees for yearly alcoholic beverage licensing. COUNCIL DIRECTION: Staff seeks Council direction how to proceed. Based on feedback received by the Council, staff will bring forward formal amendments for consideration by the Planning and Zoning Commission and the Town Council. Attachments: Exhibit A – Current Trophy Club Alcoholic Beverage Regulations Exhibit B – Area Municipal Survey of Current On-Premise Alcohol Regulations - July 2016 Page 3 of 3 Trophy ClubCode ofOrdinancesChapter 14:Zoning Sec. 14.02.252Sale ofalcoholicbeverages (a)Definitions.Forthepurposes of thisordinance,thefollowingdefinitionsshallapply unless the contextclearlyindicates or requires a differentmeaning. .Alcohol,oranybeveragecontainingmore than one-halfof one percentof Alcoholicbeverage alcohol by volume,which iscapableofuseforbeveragepurposes,eitheralone or whendiluted. . A personwhosubmits or filesanoriginal or renewalapplicationwith the town, the Applicant county judge, ortheTexasAlcoholicBeverageCommissionforalicenseorpermit. . A maltbeveragecontainingone-halfofonepercentormoreofalcohol by volume and not Beer more than fourpercentofalcohol by weight, and does not include a beveragedesignated by label or otherwise by anameotherthanbeer. . The TexasAlcoholicBeverageCommission. Commission . A personwhois the holder of a license provided in the TexasAlcoholicBeverage Licensee Code,asamended,or any agent,servant,oremployee of thatperson. . Anyalcoholicbeveragecontainingalcoholinexcessof four percentbyweight,unless Liquor otherwiseindicated.Proofthatanalcoholicbeverageisalcohol,spiritsofwine,whiskey,liquor, wine,brandy,gin,rum,ale,maltliquor,tequila,mescal,habaneroorbarreteago, is primafacie evidencethatitisliquor. . A businessthatsellsalcoholicbeveragesforconsumptionoff-premises.Forthe Liquor store purposesofthisordinance, the term“liquorstore”shallexcludegrocerystores or convenience storesinwhichbeerand/orwineisofferedforsaleas a minorpartofanoveralllargerinventory of goods.Itshallalsoexclude a restaurantthatisotherwiseoperatinginaccordancewithits approvedliquorlicense and allother provisions of thisordinance. 14-1 Trophy ClubCode ofOrdinancesChapter 14:Zoning .Oneormoreservings of a beveragecomposedinwholeorpart of analcoholic Mixedbeverage beveragein a sealed or unsealedcontaineror\[of\] any legalsizefor consumption on the premises whereservedorsold by theholder of a mixedbeveragepermit,theholderof a dailytemporary mixedbeveragepermit,the holder of acaterer’spermit, the holder of a mixedbeveragelatehours permit,theholderof a privateclubregistrationpermit, or theholderof a private club latehours permit. .Refersto the site of consumptionratherthanthesite ofsale and referstothesaleof Off-premises alcoholicbeveragesforoff-premises consumption. .Refersto the site of consumptionratherthan the site of sale and refersto thesaleof On-premises alcoholicbeveragesfor on-premises consumption. . A personwhois the holderof a permitprovidedforintheTexasAlcoholicBeverage Permittee Code,asamended,or an agent,servant, or employeeofthatperson. . A naturalperson or association of naturalpersons,trustee,receiver,partnership, Person corporation,organization,orthemanager,agent,servant, or employee of any of them. .Thegroundsandallbuildings,vehicles,andappurtenancespertainingto the grounds, Premises including any adjacentpremisesiftheyaredirectly or indirectly under thecontrol of thesame person. . A schoolmaintained by privateindividuals,religiousorganizationsor Privateschool corporations,notatpublicexpense, and openonlytopupilsselected and admitted by the proprietorsorgovernors, or to pupilsof a certainreligious\[religion\]orpossessingcertain qualifications, and generallysupported,inpartatleast, by tuition,fees, or charges. . A schoolestablishedunderthelaws of the state(andusuallyregulatedinmatters Publicschool of detail by localauthorities),inthevariousdistricts,counties, or towns,maintainedatthepublic expense by taxation, and open, usuallywithoutcharge,to the childrenofalltheresidents of the city,townorotherdistrict.Schools belonging to the publicandestablishedandconductedunder publicauthority. . A placelocatedin a permanentbuilding provided withspace and accommodations Restaurant wherein,inconsiderationofthepayment of money, hot mealsarehabituallyprepared,sold,and servedatnoonandevening,astheprincipalbusiness of theplace. The term does notinclude pharmacies,confectionerystores,lunchstands,nightclubs,andfillingstations. . Theproductobtainedfromthealcoholicfermentationofjuiceofsound Wine and vinousliquor ripe grapes,fruits,berries,orhoney, and includeswinecoolers. (b)Prohibitedsales.Thesaleofbeeris not allowedinareaszoned for residentialuse,including but not limitedtoPDPlannedDevelopmentDistrictsapprovedexclusively for residentialuses. Exceptasotherwisespecificallyallowed by the TexasAlcoholicBeverageCommission or as otherwiseprovidedherein, no alcoholicbeveragesmaybe sold withinthreehundredfeet (300') of a church,publicschoolorprivateschool,orpublichospital.Measurementofsuchdistanceshall 14-2 Trophy ClubCode ofOrdinancesChapter 14:Zoning be inaccordancewiththeterms of thisordinanceandtheTexasAlcoholicBeverageCode,as amended. Statelawreferences– Authorityofcitytoprohibitsaleinresidentialareas,V.T.C.A.,AlcoholicBeverage Code, secs.109.31,109.32; salesnearchurch,school orhospital,V.T.C.A.,AlcoholicBeverageCode, sec. 109.33. (c)Permits. (1)Feesestablished.Theannualpermitfeeforissuing a licenseorpermittooperate, conduct,andmaintain a businessestablishmentsellingalcoholicbeveragesinthe town is: (A)Forstoreswithbeer and winesalesforoff-premises consumption only, and, exceptasspecificallyexemptedherein, forlocationswith mixedbeverage permits,thepermitholdershallpay afeeequaltoone-half(1/2)ofthestatefee for suchlicenseandpermitineffectatthetime of theinitialpermitapplication or renewal for theannualpermit,asapplicable.Suchfeeshallbeinadditionto any applicablefee for afood and beveragecertificate. (B)Exemption. A mixedbeveragepermitisexemptfrom the payment of thefee imposed by thissubsection during the three-yearperiodfollowing the issuance of thepermitasspecifiedin the TexasAlcoholicBeverageCode. (C)Payment of fees. (i)Term. Thepermitfeeshallbecollectedwhentheapplicationforsuch permitissubmitted.Thispermitshallbevalidonly for oneyear(365 days)from the date of itsissuance, and ifissuedduring the calendaryear, the feeshallbecollectedinfullwithoutreductionandshallberenewed by the applicantannuallythereafter during the timethatsuchapplicantis engagedinthebusiness of sellingalcoholicbeverageswithin the town. Permitapplicationsshall be filedwiththeplanning and zoning coordinator. Statelawreferences– Localfeeauthorizedonalcoholicbeveragepermits,V.T.C.A.,AlcoholicBeverage Code,sec.11.38; local feeauthorizedonalcoholic beveragelicenses,V.T.C.A.,AlcoholicBeverageCode, sec.61.36. (d)Zoning compliancerequired. Nopermitshallbegrantedunder the terms of thisordinance unless the locationatwhichthebusinessissoughttobeestablishedandmaintainedas\[is\] a permitteduseunder the comprehensivezoningordinance of thetownas of or aftertheeffective date thereof. (e)Businesshours.Itisunlawfulfor any persontosell,offerforsale,ordeliver any beer, wine, orliquor,exceptwithinthosehoursasprescribedin theTexasAlcoholicBeverage Code, as amended,including but notlimitedtochapter105oftheTexasAlcoholicBeverageCode,as amended. 14-3 Trophy ClubCode ofOrdinancesChapter 14:Zoning (f)Specificusepermit. (1)SUPrequired. Exceptasspecifically provided herein, no personsshallmanufacture, sell,offerforsale,distribute or engagein any other activity for which a permit or licenseisrequired by the TexasAlcoholicBeverageCodewithin the townwithout firstobtaining a specificusepermitto do sofrom the town. Alloftheprovisions of the specificusepermitprocedureshallapplyasperthetown’scomprehensivezoning ordinance,asamended.In the eventof a conflictbetweenthegeneralregulations governingspecificuse permits and theprovisionscontainedin thissection, the provisions ofthissectionshallcontrol. (2)SUPapplication.In order for a persontoengageinthesaleofalcoholicbeverages, a formalapplicationfor a SUPshallbefiledwiththeplanning and zoningcoordinator withtheappropriatefeeestablished by the town.Theplanningandzoning coordinatorshallprocesstheapplication by submittingto the planning and zoning commissionfortheirreview and recommendationtothetowncouncilforapproval or disapproval. The towncouncilwillconsiderandapprove or disapprovethegranting of aSUPfor the sale of alcoholicbeverages. (3)Compliance - On-premisessaleandconsumption.Compliancewithtowncodes and ordinances\[isrequired\]for on-premisessale and consumption ofalcoholicbeverages asfollows: (A)Beer and wineonly. A building utilizedfor the retailsaleofbeerand/orwine for off-premises consumption onlyshall be inspected and shallcomplywithall applicablelocalregulations,including but not limitedto building codes,fire codes, plumbing codes,electricalcodes and ordinances. (B)Mixedbeverages by food andbeveragecertificate holders. A buildingutilized for the retailsaleofmixedbeveragesfor on-premisesconsumptionshall be inspected and shall comply withallapplicablelocalregulations,includingbut not limitedtobuildingcodes,firecodes,plumbingcodes,electricalcodesand ordinances. (C)Procedurespriortoissuanceofpermit.Before any certificationfrom the Texas AlcoholicBeverageCommission or otherdocumentationofapprovalissigned by the townrepresentative,suchcertificateordocumentationshallbe submittedtotheplanningand zoning coordinatortoassure: (i)Thattheapplicationcomplieswithallprovisionsofthisandall applicableordinances; (ii)That a SUPapplicationisofficiallyfiledwith the payment of applicable fees; (iii)Thatproofissubmittedthat a representative of theTexasAlcoholic BeverageCommission has approvedthesubmittal of anapplicationfor license;and (iv)Thatthechief of police/directorofpublicsafety has reviewed the SUP application. 14-100 Trophy ClubCode ofOrdinancesChapter 14:Zoning (4)Compliance - Off-premisesconsumption.Compliancewithtowncodes and ordinancesisrequiredforsaleofalcoholicbeveragesforoff-premisesconsumption in a liquorstore, and thespecificusepermit(SUP)applicationshallshow documentationofcompliancewiththefollowing: (A)Liquor store. (i)That a SUPapplicationfor a liquorstoreissubmittedinitsentirety, withoutomissions;and (ii)Thattheapplicationisofficiallyfiledwiththepaymentofapplicable fees;and (ii)Thattheapplicationcomplieswith allprovisions of thisandall applicableordinances;and (iv)Thattheapplicationcomplieswith thefollowingdevelopment conditions: a.A liquorstoreshallnothavewalk-up window access, and shallnot havedrive-throughordrive-up access. b.A liquorstoreshalloperateinpremisesthatarenotphysically completelyseparatefrom any otherbusinessand the exterior designofthestoreshall show evidenceofcoordinationwith contextualinfluences of neighboringpropertiesinregardto building setbacks,orientation, and relationshipofstructures to eachotherandtothestreet.Thelayoutofthesiteshallrespectand build upon thearrangement of buildings, openspacesand landscapeelementsofadjacentsites. (B)Additionaldevelopmentconditions. The councilmayattachadditional developmentconditionsto the specificusepermitthatthecouncil,inits discretion,determinesareappropriateforbuffering,safety,security,and compatibilityforandto adjacentproperties. (g)CriteriaandprocessingofSUP. The followinggeneralconditions apply toallspecificuse permits(SUP)allowing:(i)thesale of beerandwine for off-premises consumption only, or (ii) the saleofalcoholicbeverages for off-premisesconsumptiononly, or (iii)thesaleofmixed beverages by food and beveragecertificate holders only:(Ordinance 2011-17,sec. 2.05, adopted 5/2/11) (1)The applicantmustdesign and operatetheestablishmentforwhichanSUPissought insuch a mannerthattheproposeduseoractual use ofthepremisesshall not substantiallyincreasetrafficcongestionorcreate overcrowding in the establishment or in the immediatelysurroundingarea. (2)The applicantmustcomplywithapplicablelicensing and permitprovisionsofthe TexasAlcoholicBeverageCode,asamendedfromthedate of theissuanceofthe SUP by the town council. 14-101 Trophy ClubCode ofOrdinancesChapter 14:Zoning (3)Asrequired, the applicantshallbeartheburdenof showing that the establishment does notexceedthelimitation on grossreceiptsfromthesalesofalcoholicbeverages applicabletoitslicenseandSUP.Theapplicantshallmaintainaccountingrecords of the sourcesofitsgrossrevenue and allowthetowntoinspectsuchrecordsduring reasonablebusinesshours. (4)The applicantshalldemonstratethatthegranting of theSUPwouldnot be detrimentaltothepublichealth,safetyand/orwelfareofthecitizensofthe town. (5)The applicantshall,atalltimes,providean adequate number ofemployees for securitypurposestoadequatelycontroltheestablishmentpremisestoprevent incidentsof drunkenness, disorderlyconductandraucousbehavior.Theapplicant shallconsultwiththechief of police/director of publicsafetywhoshallactinan advisorycapacitytodeterminethe number ofqualifiedemployeesnecessarytomeet his/her obligationhereunder. (6)The establishmentshall provide adequate parking spacestoaccommodateits employees and patrons. Provided however,thenumber of parkingspacesshallnever be lessthanthoserequiredforsimilarusesinthat zoning districtwhere the establishmentislocated. (7)The applicantshalloperatetheestablishmentinsuch a mannerastoprevent excessivenoise,dirt,litter and odorsintheestablishmentandin the surroundingarea and operatetheestablishmentinsuch a mannerastominimizedisturbanceto surroundingpropertyownersandincompliancewithallapplicabletownordinances and statelaws. (8)A specificusepermitissued under thisordinancerunswith the property and is not affected by a changeintheownerof\[or\]lesseeof a permitted establishment; provided however,thatthe owner orlesseeto whom thepremiseshasbeen transferredshallwithinten(10)businessdays of suchtransfernotifytheplanning and zoning coordinatorofsuchchangeinownership or controlof the premisesfor which the SUPwasissued. (9)Allspecificusepermitsissuedunderthisordinanceshallbefurtherconditionedthat the samemay be discontinuedif the use forwhichtheSUPwasgrantedceasesto be operatedatthepermitted location for a minimum period of six(6) continuous months, or asotherwise provided fortherevocation of SUPs,asoutlinedinthe comprehensive zoning ordinance,as amended. (h)DenialofSUP.Thetowncouncilmay deny anSUPifitaffirmativelydeterminesthatthe issuance of such SUP: (1)Isincompatible with the surroundinguses orproperty; or (2)Isdetrimental or offensiveto the neighborhoodorcontrarytothehealth,safety, and generalwelfareofthetown and itsinhabitants; or 14-102 Trophy ClubCode ofOrdinancesChapter 14:Zoning (3)Is found to be innoncompliancewiththedevelopmentconditionsoutlinedin the “SUPApplication–LiquorStore,”isfoundtobeinnoncompliancewiththe requirementsestablishedby the towncouncilpursuanttosubsection(f)(4)(B)ofthis section,orisfoundtobeinnoncompliancewith any other townordinances, includingwithoutlimitationfailuretocomplywithany one or moreof the provisions of subsection(f)(4) of thissection. (i)Methodsfordeterminingdistancemeasurement. (1)Churchorpublichospital. Themeasurementofthedistancebetweentheplace of businesswherealcoholicbeveragesaresold and a church or publichospitalshallbe along thepropertylinesofthestreetfrontsandfromfrontdoorto frontdoor,and in a directlineacrossintersections. (2)Public or privateschool.Themeasurement of distancebetween the place of business wherealcoholicbeveragesare sold and a publicorprivateschoolshallbe: (A)In a directlinefrom the propertylineofthepublic or privateschooltothe propertylineoftheplaceofbusiness, and in a directlineacrossintersections; or (B)If the permit or license holder islocated on orabove the fifth(5th)storyof a multistorybuilding,in a directlinefrom the propertylineofthepublicor privateschooltothepropertylineoftheplaceofbusiness,in a directline acrossintersections,andvertically up the building at the propertylinetothe base ofthefloor on whichthepermit or licenseholderis located. (j)Exceptiontodistancerequirements.Uponreceipt of a request, the planningandzoning commissionwillconsider and make a recommendationto the towncounciltoconsideran exceptiontoreducethedistancerequirementcontainedinsubsection(f)\[(b)\]aboveandthetown councilshalltakefinalaction on such recommendation baseduponthecriteriaspecified hereinbelow. (1)A planning and zoning commissionrecommendationtoreducethedistance requirement and finalaction of the towncounciltoallowsuchreductionshallbe based upon the following. The towncouncilmayallowanexceptionuponproof by the applicantthathe/shemeetsthefollowingcriteria:documentedapprovalfrom surroundingproperty owners withinthedistancerequirementsforwhichthe exceptionissought;proof of preliminaryapprovalfrom the TexasAlcoholic BeverageCommission; a determination by councilthattheenforcementofthe regulationsin a particularinstanceis not inthebestinterestof the public;andafter considerationof the health,safety and welfare of the publicandtheequitiesofsuch regulation,thecouncildeterminesthattheexceptionisinthebestinterestof the community. (2)The towncouncilshallhave the authoritytograntanexceptionunderthissectionfor temporaryspecialeventsafterreview and recommendation by the planning and zoning commission.Forsuchevents,boththeplanning and zoningcommission and the towncouncilshallconsider:hours of the event,impactonsurroundingarea; estimated number ofparticipants;personalandpropertysecurity;duration and other 14-103 Trophy ClubCode ofOrdinancesChapter 14:Zoning health,safetyandwelfareconsiderationsasdeemedappropriateandnecessary by the town council. (3)Noexceptionmay be grantedhereunderexceptafter a publichearing for which noticehasbeengiventoowners of realpropertywithin300feet(or1,000feetif applicable)ofthelocation of the proposedbusinessor of the proposedlocation for temporaryspecialevent.Suchnoticemust be givennotlessthanten(10)daysbefore the datesetforhearing. (k)ExemptionfromSUPprocessforexistingprivateclub operations. Allexistingbusinesses that,asoftheeffectivedate of thisordinance,operateandhold a permitfrom the TexasAlcoholic BeverageCommissiontooperateas a privateclub and thatoperatelegally under the town’s comprehensive zoning ordinanceshall be allowedtocontinuewithoutobtaininganSUPfrom the townas long as(i)thelocationof the businessdoes not change; and (ii) the type of businessor the typeofusefrom the locationwithinthatzoningdistrictremainsthesame;and(iii)suchuse continuestocomplywith allapplicableordinancesofthetown. Such establishmentsshall comply withallotherrequirements of thisordinance and theordinancesofthe town, includingbutnot limitedtothoseregulationsrelatingtopermitsandfees.Atthetime of application for a permit, the applicantshallsupplyallpertinentinformationtotheplanningandzoningcoordinatorfor registeringsuch usewiththe town asrequired by thisordinance. (l)Possessionor consumption prohibited in certainareas. (1)Athleticfields,parks,orpublicareas.Itshall be unlawfulfor any persontopossess an open alcoholicbeveragecontainer or consumeany alcoholicbeverageinany town ownedorcontrolledathleticfield and allparkinglotsservicingsuchathleticfields exceptasspecificallyapproved by the towncouncil,ordinance, or towncouncil approvedpolicywhichgovernssuchconduct.Itshall be unlawfulfor any personto possessan open alcoholicbeveragecontainer or consume any alcoholic beverage,as defined by the TexasAlcoholicBeverageCodein any townownedorcontrolled park,includingreservedarea(s)withinanypark,playground,recreationcenter or any otherareainthetown owned orused by thetownanddevotedtoactiveorpassive recreation,includingallplantedexpressways,allparkinglotsservicingparks and publicareas,parkways,triangles,andtrafficislandsmaintained by the town exceptas specificallyapproved by thetowncouncil,ordinance,ortowncouncilapproved policy which governssuchconduct. (2)Schools and schoolactivities.Itshall be unlawfulfor any persontopossessanopen container or consume any alcoholicbeverage on a publicstreet,publicalley, or publicsidewalkwithin1,000feetof the propertyline of a facilitythatis a public or privateschool,including a parochialschool,thatprovidesall or any part of pre- kindergartenthroughtwelfthgradein the buildingsor on thegroundsof any public schoolinthetownlimitsorat any school-relatedactivityconductedwithin the town limits. (Ordinance2000-06,sec.XXXIV,adopted3/21/00;Ordinance 2004-10,sec.II,adopted3/1/04; 2006Code,ch. 13,sec.5.02;Ordinance2011-17, secs. 2.02–2.05, 2.07, adopted5/2/11) 14-104 Trophy ClubCode ofOrdinancesChapter 14:Zoning The followingtablepresentsthezoningdistrictclassifications and the permittedandconditional uses withinthoseclassifications: Denotesaprohibited use Denotesapermitteduse by right P Denotes of \[a\]conditionaluse permitrequired C Denotesaspecificusepermitrequired S DistrictClassifications PermittedUses R-15R-12R-11R-10R-9R-8R-FVR-TTR-OHR-OHPR-SMHCGCRNSPO GU Beerandwine sales(off- premisesconsumptionS S S S S S only) LiquorstoreS Beerandwine sales(off- premisesconsumptionS S S S S S only) LiquorstoreS 14-105 To: Mayor and Town Council From:Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary/RMO Re: Fiscal Year 2016Budget Amendment No. 1 Town Council Meeting, July 12, 2016 Agenda Item: Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2015- 2016 Budget of the Town of Trophy Club (Budget Amendment No. 1); providing an amendment for the appropriation of funds related to changes to services and supplies for various departments, revenues not included in the original budget, personnel changes, incentive agreements, and debt service; anamendment to increase a budgeted transfer of funds; and providing an effective date(Staff). Explanation: Budget amendment no. 1 appropriates funds for expenditures associated with an insurance broker in Human Resources, higher than anticipated event rentals in Community Events, higher than anticipated overtime and engineering in Community Development, personnel changes in the Town Attorney’s office and Human Resources, additional Signs and Markings in the Street Maintenance Sales Tax Fund, higher than anticipated Software and Support in the Court Technology Fund, Small Equipment and Schools and Trainingin the Court Security Fund, a Transfer from the General Fund to the Capital Projects fund to construct a parking lot, amendments to incentive agreements in the Tax Increment Reinvestment Zone #1 Fund, and paying agents fees associated with new debt issuances and the appropriate distribution of debt service with the Drainage Fund in the Debt Service Fund. Additional revenue associated with Building Permits, Refuse Franchise Tax, Auction Sales, Interest Income, Property Tax Penalty and Interest, and Sales Tax, which are offset by unanticipated changes to the admissions at the Town aquatics facility that results in a reduction of revenue related to Pool Entry Fees, Pool Rentals, and Pool Concessions. This budget amendment increases a budgeted transfer out from the General Fund to the Capital Projects fund. The total budget impact to the General Fund is $170,000 as a result. Attachments: Ordinance No. 2016-24 - BudgetAmendment No. 1 Recommendation: Staff recommends approval of Budget Amendment No. 1 as presented. Page 1 of 1 TOWN OF TROPHY CLUB ORDINANCE NO. 2016-24 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2015-2016 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS(BUDGET AMENDMENT NO. 1); PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO APPROPRIATE FUNDSRELATED TO CHANGES TO SERVICES AND SUPPLIES FOR VARIOUS DEPARTMENTS, REVENUES NOT INCLUDED IN THE ORIGINAL BUDGET,PERSONNEL CHANGES, INCENTIVE AGREEMENTS, AND DEBT SERVICE;PROVIDING FOR AN AMENDMENT TO INCREASEA BUDGETED TRANSFER OF FUNDS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Town of Trophy Club, Texas Fiscal Year 2015-2016 Budget was adoptedwithin the time and in the manner required by State Law; and WHEREAS , in that Budget, the TownCouncil did not appropriate funds for expenditures associated with an insurance brokerin Human Resources,higher than anticipated event rentals in Community Events,higher than anticipated overtime and engineering in Community Development,personnel changes in the Town Attorney’s officeand Human Resources,additional Signs and Markings in the Street Maintenance Sales Tax Fund,higher than anticipated Softwareand Support in the Court Technology Fund, Small Equipment and Schools and Trainingin the Court Security Fund,a Transfer from the General Fund to the Capital Projects fund to construct a parking lot, amendments to incentive agreements in the Tax Increment Reinvestment Zone #1 Fund, and paying agent fees associated with new debt issuances and the appropriate distribution of debt service with the Drainage Fund in the Debt Service Fund;and WHEREAS , the omitted expenditures have been partiallyoffset by savings due to turnover in various departments, lower than anticipated fuel prices, additional revenue associated with Building Permits,Refuse FranchiseTax, Auction Sales, Interest Income, Property Tax Penalty and Interest, and Sales Tax, which are offset by unanticipated changes to the admissions at the Town aquatics facility that results in a reduction of revenue related to Pool Entry Fees, Pool Rentals, and Pool Concessions that have, in total, resulted in a net effect of $170,000 tothe General Fund; and WHEREAS , this amendment reduces appropriations by $2,000in the General Fund for total expenditures related to a various services and items, recognizes revenue of $68,000, and increases transfers out by $240,000; and WHEREAS ,this amendment appropriates$15,000 in the Street Maintenance Sales Tax Fund for Signs and Markings related to crosswalk flasher software; and WHEREAS ,this amendment appropriates $500 in the Court Technology Fund for higher than anticipated software maintenance related to InCode;and WHEREAS , this amendment appropriates $1,300 in the Court Security Fund for new signageand schools and training; and WHEREAS , this amendment increases Transfers In by $240,000 in the Capital Projects Fund for the construction of a parking lot at Harmony Park; and WHEREAS , this amendment appropriates $400,000 in the Tax Increment Reinvestment Zone #1 Fund related to an amended incentive agreement; and WHEREAS , this amendment appropriates $52,000 in the Debt Service Fund related to paying agent fees related to new debt issuances and to appropriately budget for debt distribution with the Drainage Fund ; and WHEREAS , the Town Council of the Town of Trophy Club,Texas further finds that the amendment, as set forth in Exhibit “A”, will serve the public interest and is necessary to support Town operations; and WHEREAS , the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES Thatthe above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2015-2016 Budget is hereby amended to fund the line items as stated in Exhibit “A”, a copy of which is attached Amendment No. 1 (Exhibit “A”) hereto and incorporated herein. This to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2015-2016 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the firstamendment that has occurred since the October 1, 2015 effective date of the Town’s Fiscal Year 2015-2016 Budget. ORD 2016-24Page 2 of 5 SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2015-2016 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVEDATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 12thday of July2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST:APPROVED AS TO FORM: Holly Fimbres, Town SecretaryDavid Dodd, Town Attorney Town of Trophy Club, TexasTown of Trophy Club, Texas ORD 2016-24Page 3 of 5 Exhibit “A” Town of Trophy Club Budget Amendment No. 1 There is anet effect of $170,000 on the Fiscal Year 2015-2016General Fund budget as a result of the proposed budget amendment. The Fiscal Year 2015-2016 Street Maintenance budget increase specified below is a result of an upgradeto crosswalk flasher software.The Fiscal Year 2015-2016 Court Technology budget increase specified below is a result of higher than anticipated InCode Maintenance.The Fiscal Year 2015-2016 Court Security budget increase specified below is a result of new signage and schools and training.The Capital Projects Fund budget increasespecified below is a result of an increase in Transfers In to construct a parking lot at Harmony Park.The TIRZ #1 budget increase specified below is a result of an incentive agreement amendment. The Debt Service Fund budget increase below is a result of current year debt issuances and correctly budgeting debt split with the Drainage Fund. Street Maintenance Sales Tax Line ItemDepartmentCurrent BudgetAmendmentAmended Budget Signs and MarkingsStreet Maint. 15,000 15,000 30,000 Court Technology Line ItemDepartmentCurrent BudgetAmendmentAmended Budget Software and SupportCourt Tech. 5,200 500 5,700 Court Security Line ItemDepartmentCurrent BudgetAmendmentAmended Budget Small EquipmentCourt Security - 1,000 1,000 Schools and TrainingCourt Security - 300 300 Capital Projects Fund Line ItemDepartmentCurrent BudgetAmendmentAmended Budget Transfers InCapital Projects (385,000) (240,000) (625,000) Tax Increment Reinvestment Zone #1 Fund Line ItemDepartmentCurrent BudgetAmendmentAmended Budget Incentive ProgramsTIRZ #1 - 400,000 400,000 Debt Service Fund Line ItemDepartmentCurrent BudgetAmendmentAmended Budget Bond PrincipalDebt Service 1,339,500 40,000 1,379,500 Paying Agent FeesDebt Service 4,500 12,000 16,500 ORD 2016-24Page 4 of 5 General Fund Line ItemDepartmentCurrent BudgetAmendmentAmended Budget Sales TaxRevenue (730,218) (40,000) (770,218) Property Taxes/Penalty and InterestRevenue (10,000) (7,500) (17,500) Refuse FranchiseRevenue (142,560) (25,000) (167,560) Building PermitsRevenue (374,052) (40,000) (414,052) Pool Entry FeesRevenue (126,265) 55,000 (71,265) Pool RentalsRevenue (19,480) 7,500 (11,980) Pool ConcessionsRevenue (23,000) 10,000 (13,000) Auction SalesRevenue - (20,000) (20,000) Interest IncomeRevenue (18,000) (8,000) (26,000) SalariesManager's Office 507,062 (17,000) 490,062 Medical InsuranceManager's Office 49,631 (8,000) 41,631 ElectionsManager's Office 22,000 14,000 36,000 SalariesLegal 122,200 46,000 168,200 RetirementLegal 24,820 9,000 33,820 Professional Outside ServicesLegal 20,000 60,000 80,000 Medical InsurancePolice 143,875 (12,500) 131,375 FuelPolice 42,240 (12,500) 29,740 SalariesStreets 150,174 (10,000) 140,174 Medical InsuranceStreets 23,530 (5,000) 18,530 ElectricityStreets 181,899 (25,000) 156,899 SalariesParks 527,769 (12,500) 515,269 Medical InsuranceParks 86,779 (12,500) 74,279 FuelParks 25,149 (10,000) 15,149 SalariesRecreation 335,983 (20,000) 315,983 Event RentalsCommunity Events 15,799 4,000 19,799 OvertimeCD 5,000 5,000 10,000 EngineeringCD 75,000 5,000 80,000 SalariesFinance 209,643 (5,000) 204,643 SalariesCourt 56,867 (5,000) 51,867 SalariesHR 76,274 7,500 83,774 RetirementHR 9,916 2,500 12,416 Professional Outside ServicesHR - 20,000 20,000 Software & SupportIT 170,947 (15,000) 155,947 HardwareIT 16,273 (5,000) 11,273 Transfer OutOther Sources/Uses 385,000 240,000 625,000 ORD 2016-24Page 5 of 5 capacity for debt issuance of $7M in FY Constant I&S Tax Rate of $0.11 allows for Debt Service Fund funding 2017. • Streets projects including: Indian Creek Drive from Meadowbrook to ial, and Veteran’s Memorial and Harmony Park Parking Lots Includes completion of joint Town Hall / Police Facility, Veteran’s Capital Projects Fund Construction of Canterbury Hills Park mony Park and Phoenix Drive Wayfinding and Monument Signs Memor r Ha •••• $3 per citation fee restricted to provide court security Reimburses the General Fund for bailiff services Court Security Fund Provides training for Court Personnel ••• for annual InCode court module maintenance, online card $4 per citation fee restricted to provide court technology FY 17 includes a driver’s license scanner, new credit Court Technology Fund payment portal, and interface between ticket machine, and an electronic signature pad writers/Court/collections agency Pays Includes a transfer of $149,975 to cover debt service of 2016 CO building, $24,000 for outside services, $5,000 for uniforms, and FY 2017 Budget includes $125,000 for funding FFE for new ,000 for small equipment and replacement CCPD applicable to the new facility 47 $ ent developments at Trophy Wood, potential incentives, and Budget includes a full year of incentive payments related to debt service related to $2.65M issue for land purchases for EDC 4B economic development. curr • Personnel Cost of 75% of Special Events and Communications Manager, 25% Construction of Veteran’s Memorial with parking lot and wayfinding signage both the Recreation Superintendent and Recreation and Special Events Hotel Occupancy Overtime of other staff ntryway monumentation. th Coordinator, and July 4 cost th Full July 4 e and of ••• Contributes $25,000 toward debt service Street Maintenance Sales Tax Includes $100,000 for panel/pavement Pays for 100% of a streets employee cement pla re ••• FY 16 Estimate includes expenditures related to TIRZ #1 ated incentive agreements upd • Recreation Program Fund Self funds recreation programs • Anniversary Fund No activity projected • $40,000 Transfer to General Fund to cover administrative costs Mosquito abatement and maintenance of drainage related Portion of debt related to 2007GO, 2013CO, and 2015 GO Drainage portion of Engineering and Capital Projects Storm Drainage Fund rties ng Refundi prope •••• Anticipated break even date may exceed 5 years at Major loss anticipated in FY 2016 due to flooding Trophy Club Park rent programming level r cu •• Meeting Date 8/9/2016 Announcements & Reports No. Town Manager Seidel's update regarding the following; discussion and provide 1Town Mgr input regarding same (Staff): Town Council Liaison Updates; discussion of same (Staff): 2Town Sec STAFF No. ConsentRESORDPROCFile IDDept RPT ConsiderandtakeappropriateactionregardingtheMinutesdatedJune28, 3Town Sec 2016 (Staff). ConsiderandtakeappropriateactionregardingtheMinutesdatedJuly12, 4Town Sec 2016 (Staff). ConsiderandtakeappropriateactionregardingaUtilityBillingAgreement betweentheTownandTrophyClubMunicipalUtilityDistrictNo.1;and 5Town Mgr authorizingtheMayororhisdesigneetoexecuteallnecessarydocuments (Staff). Consider and take appropriate action regarding financial and variance report 6Finance dated June 2016 (Staff). STAFF No. Public HearingRESORDPROCFile IDDept RPT Conduct a Public Hearing regarding the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2016-2017 submitted to the 7Finance Town Council by the CCPD Board (Staff). STAFF No. Regular SessionRESORDPROCFile IDDept RPT Consider and take appropriate action regarding an Interlocal Agreement between the Town and Northwest Independent School District for School 8Police Resource Officer services for Fiscal Year 2016-2017; and authorizing the Mayor or his designee to execute all necessary documents (Staff). Town Council to provide direction to Town Staff regarding the regulation of 9Com Dev solar panels (Staff). Discussion of Town Council Future Agenda Item No. 3, Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) 10Com Dev (1-July 28, 2015) (2-December 8, 2015) (3-March 8, 2016) (4-June 14, 2016) (5- September 13, 2016) DiscussionofTownCouncilFutureAgendaItemNo.4,Establishareserve policyforTrophyClubPark.(Sanders5/26/2015)(1-August25,2015)(2- 11Finance December8,2015)(3-March8,2016)(4-June14,2016)(5-September13, 2016) Discuss and receive update regarding Fiscal Year 2017 Budget (Staff). 12Finance Consider and take appropriate action regarding a record vote on a not -to- exceed Fiscal Year 2017 Ad Valorem Tax Rate and to schedule two public 13Finance hearings to meet Truth in Taxation requirements and/or as required by the Charter and related matters (Staff). STAFF No. Upcoming Agenda & Council Future Agenda Items List UpdateRESORDPROCFile IDDept RPT Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular Session Council Agenda for August 23, 14Town Sec 2016 meeting and items from the Town Council Future Agenda Items list, , to include discussion of the below items from the Future Agenda list: A) Item No. 5 - Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) (2-May 10, 2016) (3-August 9, 2016) B) Item No. 6 - Discussion and consideration of laws related to texting while driving inside the Town. (Reed 1/26/2016) (1-April 26, 2016) (2-August 9, 2016) STAFF No. Executive SessionRESORDPROCFile IDDept RPT Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene 15Town Sec into executive session to discuss the following: STAFF No. Regular SessionRESORDPROCFile IDDept RPT Consider and take appropriate action regarding the Executive Session. 16Town Sec Town Council Future Agenda Items List (Updated 7/7/2016) 1. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28, 2014) (2-Feb 10, 2015) (3-May 12, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016)(7-June 14, 2016) (8-September 13, 2016) 10/28/2014 – Council discussed and would like a plan brought back on a future agenda. 2/10/2015 – Mayor Sanders provided update including examples of Southlake signage. 5/12/2015 – No new update provided. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Assistant Town Manager/CFO Glickman advised that the Town is in the process of going out for bids regarding park monument signage and wayfinding signage. 3/8/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 6/14/2016 – Assistant Town Manager/CFO Glickman advised that this item will come before the Council through a proposal. 2.Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13, 2014) (2-Feb 24, 2015) (3-May 26, 2015) (4-August 11, 2015) (5-December 8, 2015) (6-March 8, 2016) (7-June 14, 2016) (8-September 13, 2016) 2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning position). 5/12/2015 – Mayor Sanders provided an update that this item will be discussed once the vacant Planning position is filled. 7/15/2015 – Will be placed on the August 25, 2015 agenda for an update. 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 - Mayor Sanders advised that he was concerned that the restrictions for condos and apartments, such as multiple families living at one address, may be insufficient. 3/8/2016 – Discussed that this item could be addressed during the Comprehensive Plan process. 6/14/2016 – Assistant Town Manager/CFO Glickman advised that Town Staff are continuing to work on this item. 3. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July 28, 2015) (2-December 8, 2015) -March 8, 2016) (4-June 14, 2016) (5- (3 September 13, 2016) 7/14/2015 – Discussed having this item for an update on the August 25, 2015 agenda. 8/25/2015 – Mayor Sanders commented to possibly look at this item at the end of the year in time for the next Women’s Garage Sale. 12/8/2015 - Discussion took place that Town Staff is continuing to work on this item. 3/8/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. Page 1 of 2 6/14/2016 – Mayor Sanders advised that this item would allow for discussion to possibly allow for special estate and moving sales that occur between the Spring and Fall garage sales that are hosted by the Trophy Club Women’s Club. 4. Establish a reserve policy for Trophy Club Park. (Sanders 5/26/2015) (1-August 25, 2015) (2- December 8, 2015) -March 8, 2016) (4-June 14, 2016) (5-September 13, 2016) (3 8/25/2015 – Town Manager Seidel advised that Town Staff are continuing to work on this item. 12/8/2015 – Discussion took place to have the ability to pay for certain Parks personnel cost out of the general fund and at the end of the year the Parks budget would reconcile those costs. 3/8/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 6/14/2016 – Assistant Town Manager/CFO Glickman advised that the plan is to bring before the Council a proposal to have 365 days of operating reserves but he advised that the Town will be out of policy for about 10 years. 5. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on. (Lamont 11/10/2015) (1-February 9, 2016) (2-May 10, 2016)(3-August 9, 2016) 1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer regarding the Annex Building. 5/10/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 6. Discussion and consideration of laws related to texting while driving inside the Town. (Reed 1/26/2016) (1-April 26, 2016) (2-August 9, 2016) 4/26/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 7. Discussion of GreenRibbon grants for the beautification along the sound wall on State Highway 114. (Sanders 3/8/2016) (1-June 14, 2016) (2-September 13, 2016) 6/14/2016 – Mayor Sanders advised that when the sound wall along State Highway 114 is installed, this item would assist with shrubbery and landscaping through a grant application. 8. Explore regulations and guidelines to allow for golf cart use and parking in Town parks. (Shoffner and Reed 3/8/2016) (1-June 14, 2016) (2-September 13, 2016) 6/14/2016 – Assistant Town Manager/CFO Glickman advised that it is anticipated to take action on this item at the July 12, 2016 Council meeting through an Ordinance amendment. 9. Detail review of the nuisance ordinance. (Rowe 4/12/2016) (1-July 12, 2016) 10.Discussion of and possible action regarding how the Town is involved in a Lacrosse league within the Town. (Kurtz 6/28/2016) (1-September 27, 2016) Page 2 of 2