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04.13.2021 - Complete Agenda PacketT(C�*:: TOWN OF TROPHY CLUB April 13, 2021 Town of Trophy Club Meeting Agenda Town Council 7:00 PM CALL TO ORDER AND ANNOUNCE A QUORUM - Mayor Fleury 1 Trophy Wood Drive Trophy Club, Texas 76262 Council Chamber INVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ PLEDGES led by Council Member Geraci Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENTS This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to take discuss or take action on any presentations made to the Council. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak via the Public Portal or have completed the Speakers Form. You may also email mayorandcouncil@trophyclub.org ANNOUNCEMENTS AND REPORTS 1. County Government Month Report — Dianne Edmondson, Denton County Commissioner Pct. 4. (Mayor Fleury) 2. Parks & Recreation Board Update — Chairwoman Tiffany Nimphius. (Mayor Fleury) 3. Announcement of Connectivity Ad Hoc Committee (to include loop road). (Mayor Fleury) 4. Indian Creek Drainage Update. (S. Norwood) INDIVIDUAL ITEMS 5. Take appropriate action regarding the Town Council Joint Meeting EDC Minutes dated March 23, 2021 and Regular Town Council Meeting Minutes dated March 23, 2021. (L. Vacek) 6. Take appropriate action on the repair of Trophy Club Park Road to be completed by Reynolds Asphalt through the approved Interlocal Agreement with the City of Grand Prairie not to exceed $76,307. (W. Carroll) 7. PUBLIC HEARING — Case SUP-21-003 (Trophy Table Alcohol Sales) a. Conduct a Public Hearing for a Request by Trophy Table for a Specific Use Permit for Alcoholic Beverage Sales for On -premise consumption in conjunction with a restaurant use, located at 3000 State Highway 114. (L. Payne) b. Discussion and recommendation regarding a Request by Trophy Table for a Specific Use Permit for Alcoholic Beverage Sales for On -premise consumption in conjunction with a restaurant use, located at 3000 State Highway 114. (L. Payne) 8. PUBLIC HEARING — Youth Programs Standard of Care Ordinance a. Conduct a Public Hearing to receive Comments establishing a Youth Programs Standard of Care Ordinance related to Day Camp Activities. (T. Jaramillo) b. Take appropriate action regarding Ordinance 2021-07 establishing a Youth Programs Standard of Care Ordinance providing child care regulations for Day Camp Activities in accordance with Section 42.041(b)(14) of the TX Human Resources Code. (T. Jaramillo) 9. Take appropriate action regarding an Economic Development Agreement for a Loan and Grant with Trophy Table Restaurant to be located at 3000 TX-114, Trophy Club, TX. (S. Norwood) EXECUTIVE SESSION 10. Executive Session pursuant to the following section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), Section 551.074 Personnel Matters — Annual Review of Town Manager. (Mayor Fleury) RECONVENE INTO REGULAR SESSION 11. Take appropriate action regarding Executive Session. ADJOURN *The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, April 9, 2021 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary's Office at 682-237-2900, 48 hours in advance, and reasonable accommodations will be made to assist you. TOWN OF TROPHY CLUB TOWN COUNCIL SPECIAL JOINT MEETING WITH EDC-46 MINUTES March 23, 2021; 6 PM The Trophy Club Town Council met in a Special Joint Meeting with the Trophy Club EDC-4B on Tuesday, March 23, 2021 at Town Hall, 1 Trophy Wood Drive with the following present: TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Greg Wilson Council Member, Place 2 Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Philip Shoffner Council Member, Place 6 (via Skype) ABSENT: Michael Geraci Council Member, Place 5 EDC-46 MEMBERS: Michael Richmond President Chris Whipple Secretary/Treasurer Michael Clarke Director Scott Haro Director Travis Inge Director ABSENT: Cory McDonald Director STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney CALL TO ORDER BY MAYOR FLEURY AND EDC-413 PRESIDENT RICHMOND Mayor Fleury called the meeting to order on behalf of the Town Council at 6:01 pm and noted a quorum was present with Mayor Pro Tem Lamont, Council Members Wilson, Bone, Monger, and Shoffner who joined the meeting via teleconference using Skype. President Richmond called the meeting to order on behalf of the EDC-413 at 6:02 pm and noted a quorum of the EDC- 4B Board of Directors as present. PUBLIC COMMENT Mayor Fleury asked if there were citizens that had registered to speak. Town Secretary Vacek confirmed that none had registered. 1. Take appropriate action regarding the minutes of May 28, 2019 and December 2, 2020 (EDC-46 Members Only) Director Haro moved to approve the minutes as submitted for May 28, 2019 and December 2, 2020 with the notation that Michael Clarke was absent from the December 2, 2020 Meeting. President Richmond seconded the motion. The motion carried unanimously as follows: March 23, 2021 Page 1 of 2 AYE: Richmond, Haro, Whipple, Clarke, and Inge. ABSENT: McDonald EXECUTIVE SESSION 2. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act); the EDC 4B will convene into executive session to discuss the following: a) Section 551.087 Economic Development— Deliberate the Economic Development Negotiations regarding a commercial prospect. (S. Norwood) Mayor Fleury and President Richmond recessed the Joint Meeting at 6:06 pm into executive session to address the foregoing item. RECONVENE INTO REGULAR SESSION Mayor Fleury and President Richmond reconvened the Joint Meeting at 7:35 pm from executive session. Mayor Fleury called upon Mayor Pro Tem Lamont. Mayor Pro Tern Lamont moved to approve a Grant of $100,000 and a repayment of a Loan of up to $200,000 to Trophy Table on the conditions that the Grant and Loan Agreement comes back to the Town Council and EDC-46 for approval within the parameters as directed in executive session. Council Monger seconded the motion. The motion Failed as follows: AYE: Lamont, Monger, and Mayor Fleury NAY: Wilson, Bone, and Shoff ner ABSENT: Geraci Director Haro moved to approve a Grant of $100,000 and a Repayable Loan up to $200,000 to Trophy Table on the conditions that the Grant and Loan Agreement comes back to the Town Council and EDC-413 for approval within the parameters as directed in executive session. Director Whipple seconded the motion. The motion Carried as follows: AYE: Richmond, Inge, Haro, Whipple, and Clarke NAY: None ABSENT: McDonald ADJOURNMENT Mayor Fleury and President Richmond adjourned the Joint Meeting at 7:38 pm. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO Michael Richmond, EDC-413 President Alicia L. Fleury, Mayor Town of Trophy Club, Texas March 23, 2021 Page 2 of 2 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES Tuesday, March 23, 2021; 7 PM The Trophy Club Town Council met in a Regular Session on Tuesday, March 23, 2021. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Greg Wilson Council Member, Place 2 Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Philip Shoffner Council Member, Place 6 (participated via Skype) TOWN COUNCIL MEMBER ABSENT: Michael Geraci Council Member, Place 5 STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Mike Erwin Finance Manager Jill Lind Communications & Marketing Manager Haley Archer Human Resources Manager Sharon David Records Analyst CALL TO ORDER Mayor Fleury called the meeting to order at 7:42 pm and apologized to everyone in the audience and at home, for the lateness in starting the Regular Meeting. She explained that the Town Council and EDC-413 were meeting in the EOC prior to this Meeting. She noted a quorum was present with Mayor Pro Tem Lamont, Council Members Wilson, Bone, Monger, and Shoff ner. Mayor Fleury noted that Council Member Geraci would not be in attendance. INVOCATION Mayor Fleury asked for continued prayers regarding the two recent tragedies in Atlanta and Boulder, as observed by lowering the Town's Flags at half-mast. The Invocation was delivered by Pastor Barry Clingan, who prayed for those honoring our Heavenly Father, for Mayor Fleury to have wisdom to lead and have grace to handle all the responsibilities, for the Council and the many hours they selflessly give. He prayed for the Town Manager and Town Staff to guide the Town to a "Town of Excellence'. He also prayed for the Police and Fire Chiefs, all the firefighters and officers and for their protection as they protect all the residents. He prayed for wisdom and grace be for Dr. Warren and the Administrators and Staff serving under him. He prayed for all teachers and students, extending protection at all campuses, and that tonight's meeting be acceptable in God's Eyes. PLEDGES Council Member Monger led the Pledges to the American Flag and Texas Flag. PUBLIC COMMENT(S) Town Secretary Vacek confirmed no public speakers for public comment. March 23, 2021 Page 1 of 8 ANNOUNCEMENTS) AND REPORT(S) 2. Art Z's "Kindness Is" Contest Winners. (S. Norwood) In honor of February's "Campaign for Kindness" Month; Mrs. Neelu Kharbanda announced the "Kindness Is" Art Contest Winners as Nathanial Basuki, Erin Stucky, Megan Stucky and Aubrey Jackson. Mrs. Kharbanda presented each winner with a goody basket and Mayor Fleury congratulated each winner with a Trophy Club Cap and Logo Lapel Pin. Mayor Fleury addressed Item #4 on the agenda. PROCLAMATIONS: 4. Issuance of Proclamation of Respect 2021-05 proclaiming Lou Opipare Day; Volunteer and First Paid Fire Chief for Trophy Club, TX. (Mayor Fleury) Mayor Fleury read and presented Proclamation 2021-05 to Pam Opipare. Chief Taylor spoke of Mr. Opipare's dedication to the Trophy Club Fire Department, being a Volunteer Fire Chief and First Paid Fire Chief in Trophy Club, with his years of service extending from 1989 — 2000. He mentioned that last year Mr. Opipare was the first resident to welcome him to Trophy Club as the new Fire Chief and spoke of the love and respect everyone had for him. Chief Taylor presented Mrs. Opipare with a Plaque, honoring Mr. Lou Opipare that displayed the "680" leather helmet piece, which represents Trophy Club's Fire Chief Number. Mayor Fleury presented Mrs. Opipare with a bouquet of Yellow Roses. Council Member Shoffner spoke of Mr. Opipare's friendship and willingness to volunteer, serving on multiple Boards & Commissions, sharing his wealth of history and being instrumental in bridging the gap between the MUD and the Town. He added he would miss his calls. Mayor Pro Tern Lamont commented on his friendship with Mr. Opipare, understanding one another and when opinions differed, respect between the two remained intact. Mayor Fleury moved to approve Proclamation 2021-05. Council Member Bone seconded the motion. The motion carried as follows: AYE: Bone, Monger, Wilson, Shoff ner, Mayor Pro Tern Lamont, and Mayor Fleury NAY: None ABSENT: Geraci MOTION: 6-0-1 Mayor Fleury addressed Item #8 on the agenda. 8. Update from Dr. Warren, Northwest ISD Superintendent on the upcoming School Bond Program Election. (S. Norwood). Mayor Fleury reiterated her apology to Dr. Warren and NISD Staff for the unexpected delay in tonight's Council Meeting. Mayor Fleury welcomed Dr. Ryder Warren, NISD Superintendent, Dr. Lillian Rausch, Board Member, and Alyssa Edstrom, Education Foundation Community Relations Specialist, and former Trophy Club resident/student. Mayor Fleury commented that Town Staff is behind the scenes monitoring Facebook Live and YouTube comments for questions from residents after Dr. Warren's presentation. Questions received would be forwarded to the NISD Team to be answered. Mayor Fleury noted NISD Bond information was available at nisd.txbond.org/questions. Dr. Ryder Warren also introduced Dr. Ron Myers, Principal of Byron Nelson High School and thanked Mayor Fleury and the Council for last month's recognition of the BNHS Cheer Squad. He shared that the Northwest Independent March 23, 2021 Page 2 of 8 School District covers 235 square miles, is the eighth fastest growing school district in Texas, and will have 31 campuses in the 2021-2022 school year. The District spans 14 different communities in three different counties that include 108 housing developments and is 27% built out. Dr. Warren reported the District presents a bond election to the communities about every 4 years due to the student growth. The May 2020 Election was post-poned until November 2020 due to Covid and the bond presented on that ballot was not successful. The NISD Long Range Planning Committee began working on the new bond package in the amount of $745 million dollars. The updated demographic numbers received calculate 27,000 students enrolled in the 2021-2022 School Year. He also shared that as of now, mandated by law, the Texas Public School Boards no longer have the ability to organize bond elections, which was taken away by House Bill 3. School Districts must also separate the bonds into four categories and gave examples of each category: Proposition A - Building for Growth, updating, additions; Proposition B — any type of Addition/Renovation to a Stadium; while Proposition C covers Recreational but not Stadium related; and lastly, Proposition D — any type of Device purchased for students/staff. He added that the nisd.txbond.org website page provides a full detail of the proposed Bond Package as he summarized Propositions A-D. Dr. Warren noted the strong growth in construction, both residential and commercial and the rising taxable assessed values. He said the Board of Trustees refinanced existing debt. He added the district has two different types of tax rates; M&0, which includes day-to-day maintenance and operations, mainly consisting of salaries, and the I&S that pays the yearly debt. He mentioned the tax rate went down after the 2018 school year, with the reduction of $.45 to $.42 cents and House Bill 3 compressed the M&0 tax rate from $1.04 to $.91 cents. The bond package presented will include four different propositions and noted that a disclaimer, due to House Bill 3, will be seen at the end of each proposition that reads, "there is a property tax increase". Dr. Warren emphasized that while debt will be added to the budget, there will not be a tax rate increase. He encouraged new residents to register to vote by April 1, 2021, with early voting beginning April 19, 2021 and Election Day on May 1, 2021. He also added that as he presents the Bond Package to 14 City Councils, each presentation is modified to the specific schools within that area and this one includes Beck, Lakeview, Medlin and Byron. Mayor Fleury received an email question asking, "How is the STEM Education emphasized in the Bond Package?" Dr. Warren responded the last Bond expanded the areas for the Biomedical, Culinary, Architectural and Engineering Programs, with all four high schools having Career and Technology Academies including Business, Aviation, Video and Art. He also shared that many of these academies are STEM oriented as well as having ten different engineering pathways within each high school. Regardless of where the student lives, they can choose which program they want to attend. In addition, if a student chooses not to leave their neighborhood, there are 25-27 pathways in career and technology, with many being STEM oriented. Council Member Monger received an email question that asked, "With the recent public scrutiny on disparity between men and women's college sports, what percentage of the district's athletic budget is allocated to women and men sports individually?" Dr. Warren reported that with the total allocation of a $250 million budget, the total athletic budget sits around 1.7% or 1.8 %, which is roughly $3 or $4 million for athletics. He added that the District does not distinguish between men's and women's athletics, both having the same budget, regardless of the sport. Council Member Monger also asked for the "Break down of the square footage allocated between men and women's sports individually." Dr. Warren stated that everything is the same across all campuses. Council Member Bone received a Facebook question asking, "Rumor is that the District threatens to do away with programs if the Bonds fail, do we get a say on what goes and what stays?" Mayor Fleury asked Ms. Edstrom to answer this question as she had recently answered this for her. Ms. Edstrom stated that in terms of the programs in place, the bond would not impact these areas. In November 2020, Ballot March 23, 2021 Page 3 of 8 Propositions A — D were for Bond and Proposition E was for VATRE that affects the M&O Tax Budget. She explained that bonds could not be used for teacher salaries, programs or anything in that wheelhouse. The plans are for the District to bring forth another tax election for the M&O Operation in November 2021 but the programs will not be affected. Council Member Bone asked if there was concern the bond fails, this would not affect the programs such as music teachers, fine arts programs, etc... Ms. Edstrom confirmed that was correct and that House Bill 3 compressed the tax rate for the M&O, which is where the deficit is seen. In November 2021, this is the opportunity to vote on that portion of the Tax Rate, but the I&S Tax Rate for this bond would not be effected. Council Member Monger received the following question; "Will this be the last bond package we see? If we receive the money, will we see more bond elections every few years?" Dr. Warren confirmed that the District shaved $240 million off this Bond Package to provide taxpayers a tax break. He shared that every 3-4 years a bond is presented, due to the expansion of student growth. Because of the November 2020 Bond failure, the Committee elected to remove some things, and though nothing has stopped the growth, the District is mandated to keep all buildings sufficient. Thus, the Bond Program is the only mechanism the State has to produce funds for the District to keep up with the student growth. Council Member Monger agreed that building and adding on is an importance factor and the funds have to come from somewhere. Mayor Fleury received a Facebook question of; "If more families are moving to the Northwest District, does this bring in more money to the District." Dr. Warren stated yes but also no; on the I&S Bond side. The District is given credit for the growth of students and able to fund without a tax increase. The M&O side includes the everyday expenditures, which the District does not get credit. With the 2.5 growth cap on the M&O side, the rest is captured by the State. He shared the District has lost revenue on the M&O side. Mayor Fleury asked Ms. Edstrom to share a question she hears frequently. Ms. Edstrom stated the two -bucket question is by far the most asked question, along with the confusion on the stadiums and the specific Propositions. Dr. Rausch shared there is a lot of confusion about the money in the stadium going into the new Texas Stadium versus the old stadium, which is in disrepair. The other is how property taxes are not affected and the answer would be there is a fixed tax rate for the associated value, not because the tax rate is being raised. Mayor Fleury asked Dr. Meyers if he has come across any specific questions he would like to share. Dr. Meyers commented on the importance of hearing the big picture from the District's Central Office on what is happening. Specifically, the usage of the small stadiums and that the community understand the practical implications of providing these resources to the students on a daily basis. Mayor Fleury commented on Dr. Warren's recent statement made at the Rotary Club that the Board is looking into allowing communities to use NISD outdoor athletic facilities. Dr. Warren said with the Covid Epidemic, the District has been making plans with the six middle schools to open their outdoor facilities, after hours, such as the tracks and courts, to allow community use and views this as a positive community outreach. Mayor Fleury expressed her appreciation to Dr. Warren and Staff being present tonight and for the Board listening to the Community. Mayor Fleury confirmed no additional questions received. Council Member Shoffner thanked Dr. Warren, all administrators, teachers and staff for their hard work and dedication to all the students. Though hit hard with Covid, the communication has been excellent. He added that students were well taken care of and appreciated the leadership by all. March 23, 2021 Page 4 of 8 Dr. Warren stated that next week the District would be working with teachers, staff, PTA parents and eight different State Leaders regarding a list of priorities and communications, and if there is any issue the Town would like to add, please let the District know to include on the list. Mayor Fleury thanked Dr. Warren and his staff for the Bond Presentation as well as their dedication to the community. She encouraged everyone to visit their website (nisd.txbond.org) for any question(s). Mayor Fleury reiterated her apology for the Council Meeting starting late and offered to take Dr. Warren to lunch. ANNOUNCEMENTS AND REPORTS 1. Update regarding no new proposal submitted for property/land across Trophy Dog Park (S. Norwood). Town Manager Norwood reported that 8 months ago Developer Skorburg came forward with a single-family home development, next to Churchill Downs, across from Freedom Dog Park, and adjacent to Abbey Moore. That development was denied by Planning & Zoning and Town Council. Recently, the developer met with staff to discuss 10,000 minimum square foot lots. Mr. Norwood explained the lots are specific to R15 zoning and an application could not be submitted at this time. The Developer asked if he could submit an application in May and be presented to the Council in July, which would be the one-year mark. Mr. Norwood explained this could not be done as the one- year mark would be sometime in July. At this time, the Developer has not responded. Mr. Norwood fully expects an application to be submitted sometime this Summer. Council Member Bone asked that it be clarified for the citizens that no new proposal had been submitted to Planning & Zoning or Town Council. Furthermore, that the Developer had submitted no new proposals or changes since last July 2020. Mr. Norwood confirmed that was correct. Recognition from the Arbor Day Foundation designating Trophy Club as a 2020 Tree City USA Community. (S. Norwood). Mayor Fleury addressed Items #3 and #5 on the agenda. Town Manager Norwood stated this is a nice honor for Trophy Club and indicative of the work Director of Parks & Recreation Jaramillo and his staff provide. Mr. Jaramillo commented that Arbor Day is a program he is extremely proud of. He recognized this accomplishment could not be done without the dedication of the Parks' Team providing tree planting/pruning, etc... One of the Arbor Day Foundation requirements is a Proclamation, which the Town is issuing tonight, and benefits all by providing educational classes and resources in the need for trees. He congratulated the Town on being recognized for the 17`" Year as a "Tree City USA" Community and the work his staff provides to meet the requirements. He commented on the 50-year old Mesquite Tree to explore that is located at 2885 Trophy Club Drive, east of Freedom Dog Park and nature trails. Mayor Fleury inquired on the health of the tree planted years ago on Arbor Day. Mr. Jaramillo reported this specific tree had been transplanted to a median and was in very good health. S. Issuance of Proclamation 2021-06 proclaiming Arbor Day in Trophy Club, TX. (Mayor Fleury) Mayor Fleury read Proclamation 2021-06 and presented it to Mr. Jaramillo. A photo was taken as Mayor Fleury presented the Tree City Plaque and Proclamation. Mayor Fleury moved to approve Proclamation 2021-06. Council Member Monger seconded the motion. The motion carried as follows. March 23, 2021 Page 5 of 8 AYE: Bone, Monger, Wilson, Shoff ner, Mayor Pro Tern Lamont, and Mayor Fleury NAY: None ABSENT: Geraci MOTION: 6-0-1 Mayor Fleury congratulated Mr. Jaramillo and his staff on their dedication to maintaining the beautiful Parks and congratulated him on his 15-Year Service to the Town of Trophy Club. CONSENT AGENDA 6. Take appropriate action regarding the Town Council Minutes dated February 23, 2021. (S. Norwood) 7. Take appropriate regarding an Interlocal Cooperation Agreement between the Town of Trophy Club and Denton County for the Fiscal Year 2021-2022 Shared Governance Communications and Dispatch Services System for the Police Department and Fire/EMS Department; and authorizing the Mayor or her designee to execute all necessary documents. (S. Norwood) Council Member Bone moved to approve consent agenda items #6 and #7. Council Member Monger seconded the motion. The motion carried as follows. AYE: Bone, Monger, Wilson, Shoffner, Mayor Pro Tem Lamont, and Mayor Fleury NAY: None ABSENT: Geraci Motion: 6-0-1 INDIVIDUAL ITEMS Mayor Fleury declared the Public Hearing open at 8:45 PM for Case SUP 21-001. 9. PUBLIC HEARING: - Case SUP 21-001(Wingstop Alcohol Sales) a. Conduct a Public Hearing for a Request by Wingstop for a Specific Use Permit (SUP) for Alcoholic Beverage Sales for On -premise consumption in conjunction with a restaurant use, generally located approximately 150 feet east of Trophy Club Drive and approximately 275 feet north of SH 114. Town Secretary Vacek confirmed no public comments were received and no one registered to speak on this item. Mayor Fleury declared the Public Hearing for Wingstop closed at 8:46 PM. b. Discussion and recommendation regarding a Request made by Wingstop for a Specific Use Permit for Alcoholic Beverage Sales for On -premise consumption in conjunction with a restaurant use, generally located approximately 410 feet east of Trophy Club Drive and approximately 275 feet north of SH 114. Mayor Pro Tern Lamont moved to approve Case SUP 21-001. Council Member Bone seconded the motion. The motion carried unanimously as follows. AYE: Bone, Monger, Wilson, Shoff ner, Mayor Pro Tern Lamont, and Mayor Fleury NAY: None ABSENT: Geraci MOTION: 6-0-1 Council Member Wilson asked that a modification to Mayor Pro Tern Lamont's motion be accepted for the 275 feet north of SH 114, instead of 215 feet north of SH 114. The correction was appropriately noted March 23, 2021 Page 6 of 8 Council Member Shoffner asked Assistant Town Manager Carroll for clarification that if this item were approved, Wingstop would be allowed to sell alcoholic beverages. Assistant Town Manager Carroll confirmed that was correct. 10. PUBLIC HEARING: - Case SUP 21-002 (Blue 22 Alcohol Sales) Mayor Fleury declared the Public Hearing open at 8:47 PM for Case SUP 21-002. Conduct a Public Hearing for a Request by Blue 22 Sports Grill for a Specific Use Permit for Alcoholic Beverage Sales for On -premise consumption in conjunction with a restaurant use, generally located approximately 410 feet east of Trophy Club Drive and approximately 215 feet north of SH 114. Town Secretary Vacek confirmed no public comments were received on this item and no one registered to speak on this item. Mayor Fleury declared the Public Hearing for Blue 22 closed at 8:48 PM. b. Discussion and recommendation regarding a Request made by Blue 22 Sports Grill for a Specific Use Permit for Alcoholic Beverage Sales for On -premise consumption in conjunction with a restaurant use, generally located approximately 415 feet east of Trophy Club Drive and approximately 215 feet north of SH 114. Council Member Bone moved to approve Case SUP 21-002. Council Member Monger seconded the motion. The motion carried as follows. AYE: Bone, Monger, Wilson, Shoff ner, Mayor Pro Tem Lamont, and Mayor Fleury NAY: None ABSENT: Geraci Motion: 6-0-1 11. Take appropriate action regarding the acceptance of the audit for the Town of Trophy Club, Fiscal Year 2020. (M. Erwin). Mayor Pro Tem Lamont moved to approve the Fiscal Year 2020 Audit for the Town of Trophy Club, which the Town Council Budget Subcommittee reviewed positively. Council Member Wilson seconded the motion. The motion carried as follows. AYE: Bone, Monger, Wilson, Shoff ner, Mayor Pro Tem Lamont, and Mayor Fleury NAY: None ABSENT: Geraci Mayor Fleury thanked Mr. Erwin for patiently waiting for this item to be addressed. 12. Update of Municipal Utility District and Town Subcommittee Meeting. (Mayor Fleury and Council Member Wilson) Mayor Fleury reported that Council Member Wilson and she attended the Subcommittee Meeting. Council Member Wilson reported the last few months were spent with the Municipal Utility District (MUD) to come up with a way to deal with the Fire Protection Services. He noted this is strictly related to Fire Protection Services only, not related to wastewater. He reported that the Subcommittee is recommending a review of two options. Option 1 includes the Town assuming 100% of the Fire Operations while the MUD continues to fund the I&S, which includes the debt. The advantage would include the contributions from the entire MUD, including Westlake and with the Town not assuming the additional revenue that would come from Westlake. If this option is chosen, the Town would collect tax for the Fire M&O and the MUD would collect tax for the I&S. The PID Assessment would be reduced for the Fire M&O. The PID Assessment this year was $510,000 and would decrease to $77,000 and the following year to $44,000, March 23, 2021 Page 7 of 8 which is an 85% reduction in PID Assessment. For clarity, the PID surcharge would continue to be charged as that is primarily the 2014 Bond for the Wastewater Treatment Plant. The Fire Station and property would remain with the MUD until the debt is paid off. Council Member Wilson reiterated the Town would assume the M&O Operations. The MUD would assume the I&S portion. Mayor Pro Tem Lamont asked for clarification that the PID Assessment would be reduced by $500,000. Council Member Wilson stated the PID Assessment would go from $510,000 to $77,000 equating to an 85% reduction. Mayor Pro Tem Lamont asked who would pick up the loss in revenue. Council Member Wilson confirmed the Town would do so. At this time, the Town splits the M&O 50/50 with the MUD and the Town would have to assume 100%, with an increase in taxes to pay this amount. Mayor Pro Tem Lamont asked if this meant raising taxes across the board or on the PID Area only. Council Member Wilson confirmed this would only effect the properties in the PID. Mayor Pro Tem Lamont asked if the debt would stay in service. Council Member Wilson confirmed they would continue to collect debt as they are doing. Mayor Pro Tem Lamont asked if the Town of Westlake would still pay and Council Member Wilson confirmed this was correct. Council Member Shoffner asked if the Town would be required to raise taxes because the MUD can tax those over 65 whereas the Town cannot. Council Member Wilson said this question was raised, as this would be a new service. Town Attorney Dodd confirmed this is not addressed under a new service as the MUD has the right to raise property tax for residents over 65 as they do not have a freeze. He added that the Town has frozen taxes for property owners over 65 years of age. Council Member Shoffner commented on this not being an equal -to -equal level regarding the PID Area. He noted having to make up the difference. Council Member Wilson reported that the Town would not receive the additional revenue for residents over 65. Residents under 65 would pick up the additional costs. Mayor Pro Tem Lamont recommended staff schedule a workshop to address and answer all questions. Mayor Fleury reminded everyone the Byron Nelson High School "Taste and Talent" starts March 25, 2021 thru March 31, 2021, and tickets may be purchased online. This event will showcase four local Trophy Club Restaurants that contribute to Senior Scholarships. Mayor Fleury commented on visiting Pastaza and recommended their excellent food. ADJOURNMENT: Mayor Fleury adjourned the meeting at 8:57 PM. Alicia L. Fleury, Mayor Town of Trophy Club, Texas Attest: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO March 23, 2021 Page 8 of 8 TTOWN OF c::*:!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Kevin O'Dell, Street Supervisor CC: Steve Norwood, Town Manager Leticia Vacek Town Secretary Re: Trophy Park Road Asphalt Overlay Date: April 13, 2021 Agenda Item: Take appropriate action on the repair of Trophy Park Road to be completed by Reynolds Asphalt through the approved ILA with the City of Grand Prairie, not to exceed $76,307. Strategic Link: Infrastructure and Development: Maintain and Improve all Town Infrastructure. Background and Explanation: Staff is requesting authorization for the repair of the asphalt road, located within Trophy Club Park. The road repair measures approximately 2000 linear feet beginning from the entrance of the park, by 22 feet wide, covering both lanes. Pricing and biding requirements were satisfied through an Interlocal Agreement (ILA) with the City of Grand Prairie. Staff has reviewed the proposal from Reynolds Asphalt in the amount of $69,370 and added a 10% contingency for a not to exceed amount of $76,307. The roadway's subgrade has been determined to be adequate requiring only an asphalt overlay to repair the surface. The roadway has been in poor condition for an extended period and the Town has received multiple complaints from patrons of the park. The Town applied for a grant from the Texas Parks and Wildlife Department (TPWD) to make the repair in January of 2019 and although the grant application was met with optimism by the State, funds allocated by the grant to begin work have not been approved for any municipality. Most recently on March 25, 2021, staff received notice from TPWD, that a new financial system was implemented last year, which produced many errors. TPWD can only correct these errors one sponsor at a time, causing an extreme delay in approval of grant funds. No timeline has been given by the State as to when the issue will be resolved. Without a defined timeline for the approval and disbursement of funds from the TPWD, and due to the level of disrepair and current Page 1 of 2 condition of Trophy Park Road, staff recommends the approval of the Trophy Park Road asphalt repair by Reynolds Asphalt. Financial Considerations: Amount for repair not to exceed $76,307. Funding for this activity is available in GL 89-360- 83700. Legal Review: Reviewed and ready for inclusion in the packet. Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval. Attachments: • Reynolds Asphalt Quote Page 2of2 TOWN OF TROPHY CLUB 2886 Trophy Park Drive TOTAL UNIT PRICE TOTAL COMPLETED Pin nil A AITiTv T^MATC 1 HMAC Type D Delivered more than 1500 tons TONS $ 85.60 $ 2 HMAC Type D Delivered 500 to 1499 tons TONS $ 91.90 700.00 $ 64,330.00 3 HMAC Type D Delivered less than 499 tons TONS S 105.70 $ 4 HMAC Type C Delivered more than 1500 tons TONS $ 85.00 $ 5 HMAC Type C Delivered 500 to 1499 tons TONS $ 89.90 $ 6 HMAC Type C Delivered less than 499 tons TONS S 105.70 $ 7 HMAC Type B Delivered more than 1500 tons TONS $ 84.40 $ 8 HMAC Type B Delivered 500 to 1499 tons TONS $ 88.40 $ 9 HMAC Type B Delivered less than 499 tons TONS S 104.50 $ 10 Additional Mileage Hauled beyond the first 10 from bidders plant Items# 1-9 Per Ton Per Mile **NOTE: $0.60 per mile @ 12 miles " EACH PER TON MILE S 7.20 700.00 $ 5,040.00 11 Move In/Out Charge for projects under 499 tons EACH S 1,200.00 1 $ - 12 Thoroughfare Traffic Control Charges Per street EACH S 2,400.00 $ 13 Manhole Ring Riser Adjustment/Placement Ring EACH S 250.00 $ 14 Valve Ring Riser Ad'ustment/Placement Ring EACH S 150.00 $ 15 Base Repair SY $ 79.70 $ 16 Flex Base furnish and install TONS $ 38.30 $ 17 8" Cement Stab Existing - more than 3000 sy SY $ 9.00 $ 18 8" Cement Stab Existing -1400 to 2999 sy SY S 10.30 $ 19 8" Cement Stab Existing - less than 1399 sy SY S 18.90 $ 20 Hauling Excessive Material more than 101 cy CY $ 23.00 $ 21 Hauling Excessive Material 51 to 100 cy CY $ 25.90 $ 22 Hauling Excessive Material less than 50 cy CY $ 37.00 $ 23 Wedge Mill LF $ 4.40 $ 24 Full Depth Milling 04" SY $ 5.20 $ 25 Full Depth Milling Each Additional Inch SY $ 0.75 $ 26 Backfill Shoulders LF $ 1.40 $ 27 8" Pulverization SY $ 4.45 $ 28 Petromat less than 2500 SY SY I $ 5.35 $ 29 Petromat 2500 - 4999 SY SY $ 3.15 $ 30 Petromat more 5000 SY SY $ 2.60 $ TOTAL FOR PAGE $ 69,370.00 TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 infootrophyclub.org I trophyclub.org To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Case SUP-21-003 Town Council Meeting, April 13, 2021 Agenda Item: Case SUP-21-003 (Trophy Table Alcohol) a. Conduct a Public Hearing regarding a request made by Trophy Table for a Specific Use Permit for alcoholic beverage sales for on -premises consumption in conjunction with a restaurant use, located at 3000 SH 114, Trophy Wood Business Center, Block B, Lot 2R2. b. Take appropriate action regarding a request made by Trophy Table for a Specific Use Permit for alcoholic beverage sales for on -premises consumption in conjunction with a restaurant use, located at 3000 SH 114, Trophy Wood Business Center, Block B, Lot 2R2. Strategic Link: Infrastructure & Development — Foster a business -friendly environment. Background and Explanation: Trophy Table is requesting approval of a Specific Use Permit (SUP) for alcoholic beverage sales for on -premises consumption in conjunction with a restaurant use according to Section 14.02.252 of the Town's Code of Ordinances. The property's zoning of Planned Development No. 25 (PD- 25) does not restrict the sale of alcoholic beverages beyond the regulations of Town Code and State Law. As shown in Exhibit B, Trophy Table is applying to the Texas Alcoholic Beverage Commission (TABC) to obtain a Mixed Beverage Restaurant Permit (RM) and a Mixed Beverage Late Hours Permit (LB) which will allow for the sale and consumption of wine, beer, and liquor on the premises and during late hours (12:00 midnight — 2:00 AM). Town Code does not restrict hours of operation beyond TABC's regulations and the Development Standards for PD-25 specifically Page 1 of 2 allow retail uses and restaurants to operate from 6:00 AM to 2:00 AM, meaning the Mixed Beverage Late Hours Permit (LB) is acceptable. Section 14.02.252(b) of the Code of Ordinances states that no alcoholic beverages may be sold within 300 feet of a church, public school or private school, or public hospital. Subsection (g) describes the methods of measurement as front door to front door and along street front property lines when measuring to churches and public hospitals, and in a direct line from nearest property line to property line when measuring to public schools and private schools. Trophy Table complies with Town and State requirements, as the closest church (Lake Cities Church of Christ) is approximately 1.15 miles away, the closest public school (Lakeview Elementary School) is approximately 2.5 miles away, the closest private school (Primrose School of Westlake at Entrada) is approximately 3,150 feet away, and the closest public hospital (Methodist Southlake Hospital) is approximately 3 miles away. The nearby Baylor Scott & White Medical Center — Trophy Club is a private hospital so there are no separation requirements. The Chief of Police has reviewed this application, as required by Code, and does not have any objections. Notice of a public hearing was distributed as required by State law. To date, staff has received zero inquiries. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and it is ready for inclusion in the packet. Planning & Zoning Commission Recommendation: The P&Z Commission considered this item on April 8, 2021 and unanimously recommended approval. Staff Recommendation: Staff recommends approval of the Specific Use Permit. Attachments: • Exhibit A — Location Map • Exhibit B —TABC Application (Pages 1 & 2 Only) Page 2 of 2 op 1 k rqp / j MI-7 p low Exhibit B TEXAS ALCOHOLIC 2 BEVERAGE COMMISSION 7Etcutts 1/e(ping Businesses X Protecting Cbnontntities ON -PREMISE PREQUALIFICATION PACKET L-ON Submit this packet to the proper governmental entities to obtain certification for the #ype of license/permit for which you are applying as required by Sections 11.37, 11.39, 1146(b), 61.37,'61.38, `61.42 and Rule §33.13 Contact your local TABC office to verify requirements of Sections 11.391 and 61.381 as you may be lequired to post a sign at your proposed location 60-days prior to the issuance of your license/permit. All statutory and rule references mentioned in this application refer to and can be found in the Texas Alcoholic Beverage Code or Rules located_ on our website. www.tabc.texas.gov/laws/code and_rules.a_sp .� LOCATION-1NFt�tIVIATIQN 1. Application for: � Original ❑ Add Late Hours Only License/Permit Number ❑ Reinstatement ❑ Reinstatement and Change of Trade Name License/Permit Number ❑ Change of Location ❑ Change of Location and Trade Name License/Permit Number 2. Type of On -Premise License/Permit ❑ BG Wine and Beer Retailer's Permit LB Mixed Beverage Late Hours Permit ❑ BE Beer Retail Dealer's On -Premise License ❑ MI Minibar Permit ❑ BL Retail Dealer's On -Premise Late Hours License ❑ CB Caterer's Permit ❑ BP Brewpub License FB Food and Beverage Certificate ❑ V Wine & Beer Retailer's Permit for Excursion Boats ❑ PE Beverage Cartage Permit ❑ MB Mixed Beverage Permit ® RM Mixed Beverage Restaurant Permit with FB ❑_O Private Carriers Permit —Brewpubs (BP) with a_BG only ❑ E Local Cartage Permit_ Wine/Beer retailers (BG) Only 3. Indicate Primary Business at this Location ® Restaurant ❑ Sporting Arena, Civic Center, Hotel ❑ Bar ❑ Grocery/Market ._...._Sexually Oriented_.........................._._......................_. El Miscellaneous I_ ................... .. _. 4. Trade Name of Location (Name of restaurant, bar, store, etc.) THE TROPHY TABLE 5. Location Address 3000 E HIGHWAY 114 City County State 1 Zip Code TROPHY CLUB TARRANT TX 176262-5314 .. ................. __............. _._...._.......................... _..—--------..._.........._... ...... ..... _..... ---_ _......... ___....... .._._s..... ... ...._........... -.---...................... ..._li ----.....-- -----........._.........__......._.._.....__.._....._..... 6. Mailing Address City State Zip Code 3000 E HIGHWAY 114 TROPHY CLUB TX 176262-5314 —._._ -___...__._..._.__.._----------......----.._....................__._.,.__..____-_----__.__...._._..--__.._._._... 7. Business Phone No-.—--- o. i Alternate Phone No. E-mail Address (214) 641 7862 I N/A vonrestaurantgroup_@yahoo com _.�i11S1'NER 1�4)[� �MAT __�ION_ 8. Type of Owner - _- -- _ -- ❑ Individual ❑ Corporation ❑ City/County/University ❑ Partnership Limited Liability Company ❑ Other ❑ Limited Partnership ❑ Joint Venture ❑ Limited Liability Partnership ❑ Trust 9. Owner of Business/Applicant (Name of Corporation, LLC, etc.) j TROPHY TABLE, LLC '3 PRIMARY CONTACT'PERSON 3 The primary contact person should be a person who,can answer questlohs,TABC may have about the applicatiot. The contact phone ;and email are mandatory and must be active and' updated.regularly If additional information is needed, it will be; requested from,thls }contact erson. Dela sin responding torequests may delayrite 'rocess n and a roval of our ermIIt/license. 10. Contact Person: Relation to Business: Carolyn Almstedt License Service Phone (mandatory): Email (mandatory): (214) 389-2282 carolyn@labarbapermitservice.com TABC DATESTAMP Page 1 of 5 Form L-ON (12/2020) Exhibit B 11. Are you, the applicant, a veteran -owned business? ❑ Yes ■❑ No 12. Are you, the applicant, a Historically Underutilized Business (HUB)? ❑ Yes No 13. As indicated on the chart, enter the individuals that pertain to your business type, (For additional space, use Form L-01C) -- __ Individual/Individual Owner Limited Liability Company/All Officers or Managers Partnership/All Partners_ Joint VentureNenturers Limited Partnership/All General Partners Trust/Trustee(s) Corporation/All Officers City, County, University/Official Last Name First Name I MI Title VON EHRENFRIED 1 FREDERICK I K MANAGING MEMBER Last Name j First Name MI Title 17. Will your business be located within 1,000 feet of a public school? ❑Yes ■❑ No 18 If required under Section 11.391 and 61.381, provide exact date the required sign was posted Exact Date (MM/DD/YYYY) at the location. N/A 19. IF YOUR LOCATION IS NOT WITHIN THE CITY LIMITS, CHECK HERE ❑ I, the applicant, have confirmed I am not located in the city limits of any city, therefore, city certifications are not required. COMPLETE THE FOLLOWING CHECKLIST BEFORE SUBMITTING YOUR APPLICATION Per Sec.102.01, a tied house is defined as any overlapping ownership between those engaged in the alcoholic beverage Industry at different levels of ithe three-tier system. No person having an interest in a permit issued by TAB.0 may secure or hold, directly or indirectly, an ownership interest in a ibusiness on'a different level. All required forms have been completed. I 0 Yes ❑ No I have reviewed all forms to ensure they are complete. I ❑■ Yes ❑ No I have obtained all required local and state certifications (pages 3-5). i Yes ❑ No All application packets have been notarized. ; RM Yes ❑ No Phone numbers and email address for contact person are up to date. I ❑■ Yes ❑ No All additional documentation as required by the application packets is attached. 1 ■❑ Yes ❑ No If required, out of state criminal history checks are attached (PHS #7). f ❑ Yes ❑ No N/A Certification of publication in local newspaper has been completed (page 5). ❑� Yes ❑ No ❑ N/A i A copy of the newspaper publication is attached (page 5). ❑■ Yes ❑ No ❑ N/A Page 2 of 5 Form L-ON (12/2020) TTOWN OF c::*:!TR0PHY CLUB I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor and Town Council From: Tony Jaramillo, Parks and Recreation Director CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Youth Programs Standards of Care Date: Town Council Meeting, April 13, 2021 Agenda Item: a. Conduct a Public Hearing to receive Comments establishing a Youth Programs Standard of Care Ordinance related to Day Camp Activities in accordance with Section 42.041(b) (14) of the TX Human Resources Code. (T. Jaramillo) b. Take appropriate action regarding Ordinance 2021-07 establishing a Youth Programs Standard of Care Ordinance providing childcare regulations for Day Camp Activities in accordance with Section 42.041(b) (14) of the TX Human Resources Code. (T. Jaramillo) Strategic Link: Nature & Beautification: Maintain Town assets, services, and codes of ordinances that preserve the natural beauty of the Town. Background and Explanation: Staff is requesting the approval of the Town of Trophy Club 2021 Youth Programs Standard of Care as required by the Texas Human Resources Code. In order to receive exempt status for a youth recreation program a municipality must adopt a Youth Programs Standards of Care by Ordinance, which in turn relaxes some of the childcare requirements within the code. The Town of Trophy Club Youth Programs Standards of Care provides basic child care regulations for day camp activities operated by the Trophy Club Parks and Recreation Department in accordance with Section 42.041(b)(14) of the Human Resources Code. The 2021 Standards of Care has been updated to include new job titles and the change in Mayor. No changes in child care procedures were required since the 2020 Standards of Care was presented. Page 1 of 2 Financial Considerations: Not applicable Legal Review: The Town Attorney has reviewed the item and it is ready to be included in the packet. Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation Staff recommends the approval of the Youth Programs Standards of Care. Attachments: Page 2 of 2 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2020-06 2021-07 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, RENEWING SECTION 1.08.001, YOUTH PROGRAMS STANDARDS OF CARE, OF DIVISION 1, GENERALLY, OF ARTICLE 1.08, PARKS AND RECREATION, OF CHAPTER 1, GENERAL PROVISIONS, OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO ESTABLISH YOUTH PROGRAMS STANDARDS OF CARE TO PROVIDE BASIC CHILD CARE REGULATIONS FOR DAY CAMP ACTIVITIES OPERATED BY THE TOWN OF TROPHY CLUB PARKS AND RECREATION DEPARTMENT; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the Charter of the Town, State law, the Town Council of the Town is empowered to adopt ordinances and rules that are for the good government of the Town; and WHEREAS, the Human Resources Code, Section 42.041(b)(14), establishes requirements for exempting recreational programs operated by municipalities for elementary age (5-13) children from childcare licensing requirements; and WHEREAS, in order to receive exempt status for a youth recreation program, a municipality must adopt a Youth Programs Standards of Care by Ordinance after a public hearing for the program; and WHEREAS, a public hearing was conducted and the Town of Trophy Club Youth Programs Standards of Care was originally adopted on April 11, 2017; and WHEREAS, the Town of Trophy Club Youth Programs Standards of Care provides basic child care regulations for day camp activities operated by the Trophy Club Parks and Recreation Department in accordance with Section 42.041(b)(14) of the Human Resources Code; and WHEREAS, the Town Council hereby finds that renewing Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances establishes Youth Programs Standards of Care that serves the best interest of the health, safety, and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.1 Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances is hereby renewed to establish Youth Programs Standards of Care to read in its entirety as follows: Chapter 1 General Provisions Article 1.08 Parks and Recreation Division 1. Generally Section 1.08.001 Youth Programs Standards of Care (a) Purpose. The following Standards of Care are intended to be minimum standards by which the Town Parks and Recreation Department will operate the Town's Youth Programs. These programs operated by the Town are recreational in nature and are not licensed by the State of Texas nor operated as day care programs. Adoption of these Standards of Care will allow the Town to qualify as being exempt from the requirements of the Texas Human Resources Code, section 42.041(b)(14). (b) Definitions. For the purpose of this division, the following terms, phrases, words and their derivation shall have the meaning given herein: Department. Parks and Recreation Department. Director. Town of Trophy Club Parks and Recreation Director or designee. Employee or Counselor. Someone who has been hired to work for the Town of Trophy Club and has been assigned responsibility for managing, administering, or implementing some portion of the Town of Trophy Club's Youth Programs. Parents . A parent or guardian who has legal custody and authority to enroll a child in the Town of Trophy Club's summer programs. Parent Handbook. Booklet of camp policies, procedures, required forms, organizational, and programming materials relevant to the summer programs. QR-D 20-20-06 ORD 2021-07 Page 2 of 13 Participant. A youth whose parent(s) have completed all required registration procedures and who has been determined to be eligible for the Town of Trophy Club's summer programs. Program Site. Medlin Middle School or Beck Elementary ReGF.-atiOn Superintendent. Town of Trophy Club's full time programmer who has been assigned administrative responsibility for the Town of Trophy Club's summer program or designee. ,-_ Sup er4ntendenf Aquatics & Recreation Specialist. Who will handle administrative responsibility for the Town of Trophy Club's summer program in the Recreation SpeGiars+'s Recreation Superintendent's absence or designee. Summer Adventure Camo. Town of Trophy Club youth camp program during the summer. Town. Town of Trophy Club. Town Council. Town Council of the Town of Trophy Club. Youth Program or Program. A town -sponsored recreational program for youth that may be offered by the park and recreation department after school, during the summer, during holidays, or during inter session. The term does not include any program or activity to which attendees are free to come and go at will withoutregard to the presence of a parent or other responsible adult to care for them. (c) General Information/Administration (1) The governing body of the Town of Trophy Club Youth Programs is the Town of Trophy Club Town Council. (2) Implementation of the Standards of Care for Youth Programs is the responsibility of the Parks and Recreation Director and Parks and Recreation Department employees. (3) The Standards of Care apply to all Youth Programs operated by the Department including but not limited to: Summer Adventure Camp Programs. (4) Town Hall will have available for public review a current copy of the Standards of Care. (5) Parents of participants will be provided access to a current copy of the Standards of Care through the Town's web site. ORO 2-0-20-06 ORD 2021-07 Page 3 of 13 (6) Criminal background checks will be conducted on prospective Youth Program employees, when applicable. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (A) A felony or misdemeanor classified as an offense against a person or family; (B) A felony or misdemeanor classified as public indecency; (C) A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (D) Any offense involving moral turpitude; (E) Any offense that is deemed to potentially put the Town of Trophy Club or Youth Program participants at risk. (7) Standards of Care Review: Standards will be reviewed annually and approved by the Town Council after a public hearing is held to pass an ordinance regarding section 42.041(b)(14) of the Human Resources Code. (d) Inspection/Monitoring/Enforcement Standards of care established by the Town of Trophy Club will be monitored and enforced by Town Departments responsible for their respective areas as identified. (1) Health and safety standards will be monitored and enforced by the Town's Police, Fire and Code Enforcement Departments as required. (2) The Ronreatinn SpeGiorc+ Recreation Superintendent will make twice weekly visual inspections of the program. (3) Complaints regarding enforcement of the Standards of Care shall be directed to the Summer Camp Director. The Recreation f SpeGialist Superintendentwill be responsible to take the necessary steps to address the complaint and resolve the problem, if any. Complaints regarding enforcement of the Standards of Care and resolution of complaints arising under the Standards of Care shall be recorded by the—Recree,+i„n Qnnninlisf Recreation Superintendent. All complaints regarding enforcement of the Standards of Care where a deficiency is noted will be forwarded to the Recreation Superintendent Director of Parks and Recreation with the complaint and the resolution noted. nRO _200-20-06 ORD 2021-07 Page 4 of 13 (e) Enrollment. Before a child may become a participant, a parent/guardian must complete and sign registration forms that contain information pertaining to the participant and their parent(s). The following information must be provided: (1) Name, address, home telephone number (2) Parent/Guardian's name, address and telephone numbers during program hours (3) Emergency contacts including names and phone number during program hours (4) Names and driver's license numbers of people to whom the child may be released (5) A statement of the child's special problems, needs or medical conditions (6) Emergency medical authorization (7) Permission for field trips (8) Liability Waiver (f) Suspected Abuse. (1) Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a Town employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the RGreation _Specialist Recreation Superintendent and Recreat+eRSupeFiRteRdeni Aquatics & Recreation Specialist. The Recreation Superintendent will immediately notify the Police Department and any other agency as may be appropriate. (2) Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. (g) Staffing - Responsibilities and Training (1) Reerea+i�peefatist Aquatics & Recreation Specialist and Recreation Superintendent: (A) RecreatiGR S,eeeiafist Aquatics & Recreation Specialist and Recreation Superintendent are full- time, professional employees of the Town of Trophy Club Parks and Recreation Department and will be required to have all the same qualifications as outlined in Subsection (g)(2). nRO _200-20-06 ORD 2021-07 Page 5 of 13 (86) ReGreatiOR SpeGiars+ Aquatics & Recreation Specialist and Recreation Superintendent must meet the minimum education/experience requirements for employment with the Town of Trophy Club to plan and implement recreation activities. (C) Qec +cam—SpeGialist Aquatics & Recreation Specialist and Recreation Superintendent must be able to pass a background investigation including a test for illegal substances. (p) Ronro�4inri SpeGiorc+ Aquatics & Recreation Specialist and Recreation Superintendent must have a current certification in First Aid, Cardiopulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. (E) RecreatnSpeEialist Aquatics & Recreation Specialist and Recreation Superintendent +&—are responsible for administering the programs' daily operations in compliance with the adopted Standards of Care. (F) Rer--reat+eR SpeGialist Recreation Superintendent is responsible for hiring, supervising, and evaluating the Summer Director, Summer Assistant Directors, and Summer Counselors. (G)ReGreatiOR SpeGiorc+ Recreation Superintendentis responsible for planning, implementing and evaluating programs. (2) Youth Program Staff: (A) Program employees include Director, Assistant Director(s), and Counselors. (B) Program employees may be full-time, part-time, or seasonal employees of the Parks and Recreation Department. (C) Program employees shall be age 16 or older. However, each site will have at least one employee age 21 or older on site at all times. (D) Program employees should consistently exhibit competency, good judgment, and self-control when working with participants. (E) Program employees must relate to participants with courtesy, respect, tolerance, and patience. (F) Program employees must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. nRO _200-20-06 ORD 2021-07 Page 6 of 13 (G) Program employees must pass a background investigation when applicable, including testing for illegal substances. (H) Program employees will be responsible for providing participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social opportunities with their peers. (1) Program employees will be responsible to know and adhere to all Town, Departmental, and youth program standards as well as policies and procedures that apply to the youth programs. (J) Program employees must ensure that participants are only released to a parent or authorized person, designated by the parent or guardian. If a parent wishes their child to sign himself in or out the parent must provide specific, written authorization. (3) Training and Orientation (A) The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. (B) Program employees will be provided with a staff manual. (C) Program employees must be familiar with the Standards of Care for Youth Programs as adopted by the Town Council. (D) Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outlined in the staff manual. (E) Program employees will be trained with appropriate procedures to handle emergencies. (F) Program employees will be trained in areas including Town departmental program policies, procedures, leading activities, and safety issues. (G) Program employees will be required to sign an acknowledgement that they have received the required training. (h) Operations (1) Staff to Participant Ratio QR-D 20-20-06 ORD 2021-07 Page 7 of 13 (A) The standard ratio of participants to staff is 1:15 based on average daily attendance. In the event a program employee is unable to report to the program site, the Recrea+i�pec-iati Recreation Superintendent will assign a replacement. (813) Program employees are responsible for being aware of the participants' habits, interests, and special needs as identified by the participant's' parent/guardian during the registration process. (2) Discipline (A) Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. (813) There will be no cruel treatment or harsh punishment. (C) Program employees may use brief, supervised separation from the group if necessary. (D)As necessary, program employees will initiate behavior reports to the parents of participants. Parents will be asked to the sign the behavior reports to indicate they have been advised about specific problems or incidents. (E)A sufficient number and/or severe nature of a discipline report(s) as indicated in the program manual may result in a participant being suspended from the program. (F) In instances where there is a danger to other participants or staff, offending participants will be removed from the program site as soon as possible. (3) Programming (A) Program employees will attempt to provide activities for each group according to participants' age, interests, and abilities. The activities will be appropriate to participants' health, safety, and well-being. The activities must be flexible and promote the participants emotional, social, and mental growth. (B) Program employees will attempt to provide indoor and outdoor time periods to include: (i) Alternating active and passive activities; (ii) Opportunity for individual, small and large group activities, and QR_D 20-20-06 ORD 2021-07 Page 8 of 13 (iii) Outdoor time each day as weather permits. (C) Program employees will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the program. (i) During trips, program employees must have access to emergency medical forms and emergency contact information for each participant; (ii) Program employees must have a written list of participants in the group and must check the roll frequently, specifically before departure to and from location; and (iii) Program employees must have first aid supplies and emergency care available on field trips. (4) Communication (A) Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. (B) The ReGreatleR SpeGiAlist Recreation Superintendent will make available the following telephone numbers to all employees at each site: (i) Emergency services (ii) Trophy Club Police Department dispatch (iii) Parks and Recreation Department (iv) Poison Control (v) Numbers at which parents/guardians maybe reached (vi) Aquatics & Recreation Specialist (vii) Recreation Superintendent (viii) Telephone and address for the program site itself (ix) Field trip destinations (5) Transportation QR-D 20-20-06 ORD 2021-07 Page 9 of 13 (A) Before a participant can be transported to and from Town -sponsored activities, the field trip release statement must be marked by the parent/guardian on the registration form. (B) First aid supplies will be available in all program vehicles that transport children. (C) All program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. (D) Seatbelts must be worn when provided. (i) Facility Standards (1) Safety (A) Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Recreation cnonialist Recreation Superintendent. (B) Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. (C) Program equipment and supplies should be safe for the participants' use. (D) Program must have first aid supplies readily available at each site, during transportation to an off -site activity, and for the duration of the off -site activity. (E) Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. (2) Fire (A) In case of fire, danger or fore, explosion or other emergency, program employees' first priority is to evacuate the participants to a designated safe area. (B) Each program site must have at least one fire extinguisher approved by the fire marshal readily available to all program employees. (C) All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. ORD 20-20_06 ORD 2021-07 Page 10 of 13 (3) Illness or Injury (A) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the program. (813) Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. (C) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. (D) Program employees will follow the recommendation of the Texas Department of State Health Services concerning the admission or readmission of any participant after a communicable disease. (4) Medication (A) Parent/guardian must complete and sign a medication release that provides authorization for program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the Town. (B) Prescription medications must be in the original containers labeled with the participants' name, a date, directions, and the physician's name. The prescribing physician must provide written guidelines. Program employees will administer medication only as stated on the label. Program employees will not administer medication after the expiration date. (C) Non-prescription medications are labeled with the participant's name and the date the medication was brought to the youth program. Non- prescription medication must be in the original container. The program employees will administer medication only according to the label directions and with written parental permission. (D) Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. (E) Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. (5) Special Needs (A) Every reasonable accommodation will be made to address special needs participants. nonce-_2020 ^moo ORD 2021-07 Page 11 of 13 (B) For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom if needed. (6) Toilet Facilities (A) The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor as needed. (B) There must be one flush toilet for every 30 participants. Urinals may be counted in the ratio of toilets to participants, but must not exceed 50% of the total number of toilets. (C) An appropriate and adequate number of lavatories will be provided. (7) Sanitation (A) Program sites must have adequate light, ventilation, air conditioning, and heat. (B) The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied in a safe and sanitary matter. (C) Employees must see that garbage is removed from buildings daily." SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting setting Fee Schedules and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. nonce--2020 ^moo ORD 2021-07 Page 12 of 13 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or 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 remain ingportions 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 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 14th day of April 7070 13th day of April 2021. Alicia L. Fleury, Mayor Town of Trophy Club, Texas Leticia Vacek, TRMC/CMC/MMC Town Secretary/ RMO David Dodd III, Town Attorney Town of Trophy Club, Texas nonce--2020 ^moo ORD 2021-07 Page 13 of 13 ECONOMIC DEVELOPMENT AGREEMENT This Economic Development Agreement is entered into by the Town of Trophy Club (hereinafter "Town"), the Trophy Club Economic Development Corporation (hereinafter "EDC"), Trophy Table (hereinafter "Table") and Kevin and Julia von Ehrenfried (hereinafter "Von Ehrenfried") and all parties collectively referred to as "Parties". WHEREAS, the Town of Trophy Club is a home rule municipal corporation; and WHEREAS, pursuant to Chapter 380 of the Texas Local Government Code (hereinafter "the Act") on May 4, 1996 the Town created Economic Development Corporation 4B for the purpose of making economic development incentives and grants (hereinafter referred to as "EDC"); and NOW, THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, the Parties do mutually agree as follows: ARTICLE I 1. Incentive The Town and EDC shall provide a grant of up to $100,000.00 (One Hundred Thousand Dollars and NO/100 Dollar) to Table to be used for permanent improvements to the building. All permanent improvements must be visible from the public right of way or if the improvement is internal, the improvement becomes a permanent fixture to the property. No permanent fixture will be pledged as collateral for any financing. Permanent improvements are improvements that shall become fixtures of the property and include but are not limited to shade structures, awnings, signage, lighting and relocation of outdoor stairs. 2. Low Interest Loan a. The Town and EDC will provide a loan of up to $200,000.00 (Two Hundred Thousand and NO/100 Dollar) to Table to be paid back with interest of 2% calculated annually within four years of the date the Certificate of Occupancy is issued. The loan shall be treated like an open line of credit that will close on December 31, 2021. To obtain a disbursement from the line of credit, Table shall submit a request that complies with section 4(b) of this agreement. b. Table shall begin repayment of the loan 120 days after obtaining the Certificate of Occupancy. Table shall make a payment quarterly as Page 1 of 4 outlined in the provided payment schedule and include a copy of the quarterly sales tax reports. Table shall not be penalized for early repayment of the loan. This loan shall be repaid regardless of the operation of the business. c. Table agrees to use the loan for permanent improvements to the building and fixed assets including but not limited to audio visual equipment, kitchen/bar equipment, start up and repairs to existing kitchen equipment, point of sale system, furniture and fixtures in the dining rooms, bar areas, and patios. Permanent improvements are improvements that shall become fixtures of the property and include but are not limited to shade structures, awnings, lighting and relocation of the outdoor stairs. 3. Table Obligations a. Table shall operate the establishment as a restaurant and bar. The food and alcohol sale ratio shall meet all Texas Alcoholic Beverage Commission requirements. b. If Table provides catering, the catering shall be done from the location that is receiving this incentive or another location within the Town limits of the Town. This requirement shall exist as long as Table has a Certificate of Occupancy on the subject property. c. Should Table cease operating before generating $100,000.00 (One Hundred Thousand Dollars and NO/100 Dollar) in sales tax and mixed beverage tax, Table shall pay Town an amount equal to the difference between $100,000.00 and the amount of sales tax generated by Table. The difference must be paid within thirty days of cessation of business. Cessation of business means any action that terminates the business or failing to operate for thirty consecutive days. This calculation and repayment satisfies the obligation for the $100,000.00 grant. The loan must be repaid in full. d. Table shall follow the procedure in this agreement for reimbursement for eligible permanent improvements to be allocated to the grant and any purchase by the Table for items to be allocated to the loan. Table shall submit all requests for allocated funds prior to January 1, 2022 unless mutually agreed upon by the Parties. e. All items for which reimbursement is received must remain on the Trophy Table premises until all amounts owed to Town and EDC are paid in full. 4. Reimbursement Procedure a. Table shall be responsible for completing permanent improvements on the property and the making of any purchase allocated to either the grant or the loan. b. After the permanent improvements or purchases have been made, copies of the contract for the improvement showing the work performed, the cost Page 2 of 4 of the work, the contractor performing the work, and proof of payment by the Table shall be submitted as an invoice to the Town, along with any receipt of purchase, and proof of delivery for the purpose of reimbursement. 5. Von Ehrenfried Obligation Kevin and Julia Von Ehrenfried agree to personally guaranty all amount owed by Table to Town and EDC. ARTICLE II 1. Dissolution or Bankruptcy of Table. If Table ceases to exist or files for bankruptcy during the Term, Town and EDC shall be excused from making any future payments to Table, and this Agreement shall terminate. 2. Default. In addition to the other events of default set forth in this Agreement, this Agreement may be terminated upon any one or more of the following: a. By written agreement signed by both parties; b. Expiration of the Term or fulfillment of all obligations as outlined in this Agreement; c. By the non -breaching Party in the event the other Party breaches any of the terms or conditions of this Agreement and such breach is not cured within sixty (60) days after written notice thereof to the breaching Party; and d. By Town or EDC, if Table suffers an Event of Bankruptcy or dissolution. 3. Severability. If any provision contained in this Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof. In lieu of each invalid, illegal or unenforceable provision there shall be added a new provision by agreement of the parties as similar in terms to such invalid, illegal or unenforceable provision as may be possible and yet be valid, legal and enforceable. 4. Venue. Venue for any dispute arising out of this agreement shall be in Denton County, Texas. 5. Assignment. This agreement may only be assigned by receiving written consent from all Parties. 6. Insurance. Town and EDC shall be listed as additional insureds on all property insurance policies covering the property where Table is operating as long as Table has an outstanding debt under this agreement. Page 3 of 4 Wherefore, premises considered, all Parties agree: Town of Trophy Club, Texas Mayor Alicia L. Fleury Date: Trophy Table Date: Kevin von Ehrenfried Date: Julia von Ehrenfried Date: Town of Trophy Club, EDC Michael Richmond, President Date: Page 4 of 4