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Agenda Packet TC 05/12/2015Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMTuesday, May 12, 2015 AMENDED CALL TO ORDER AND ANNOUNCE A QUORUM INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 1.2015-0313-T Consider and take appropriate action regarding the Minutes dated April 14, 2015. Draft TC Minutes April 14, 2015.pdfAttachments: 2.2015-0325-T Consider and take appropriate action to authorize the Town Manager to execute the Bill of Sale and Assignment on the five pieces of Water and Waste Water Infrastructure as specified in the Bill of Sale and Assignment presented at the April 28, 2015 Joint Session with the TCMUD No. 1. Bill of Sale and Assignment.pdfAttachments: REGULAR SESSION Town Council Page 1 of 201 Meeting Date: May 12, 2015 May 12, 2015Town Council Meeting Agenda 3.2015-0314-T Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 20, 2015 as Blast Off Besties Day in Trophy Club. PRO 2015-10 Blast Off Besties Day.pdfAttachments: 4.2015-0315-T Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 20, 2015 as Spectacular 7 Day in Trophy Club. PRO 2015-11 Spectacular 7 Day.pdfAttachments: AMENDED - ADDED ITEM NO. 5 5.2015-0334-T Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 10-16, 2015 as National Police Week in Trophy Club in conjunction with National Police Week and May 15, 2015 as National Peace Officers Memorial Day in Trophy Club. PRO 2015-12 National Police Week.pdfAttachments: 6.2015-0317-T Oath of Office to be administered by Municipal Court Judge Chambers, and presentation of Certificates of Election from Judge Chambers to Council Member Rowe and Council Member Kurtz. Oath of Office - Sample.pdf Statement of Appointed Officer - Sample.pdf Certificate of Election - Sample.pdf Attachments: 7.2015-0318-T Remarks to and from incoming Council Members. 8.2015-0316-T Receive an update from Jeannette Tiffany regarding July 4th festivities; discussion of same. 9.2015-0319-T Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and TCR Youth Baseball Association commencing in January 2016, and authorizing the Mayor or his designee to execute all necessary documents. Staff Report - TCR Youth Baseball Agreement - .pdf Redlined 2014 Non-Exclusive Use Agreement.pdf Draft 2016 Non-Exlusive Use Agreement.pdf Map of Independence East identified facilities.pdf Map of Independence West identified facilities.pdf Attachments: 10.2015-0326-T Consider and take appropriate action regarding the Interlocal Agreement between the Town and Trophy Club Municipal Utility District No. 1 for fire protection services to properties within the Town that are outside of the TCMUD No. 1 boundaries and outside of PID boundaries, and the fee or rate for fire protection services to those properties. 2008 ILA for Fire Protection Services.pdfAttachments: Town Council Page 2 of 201 Meeting Date: May 12, 2015 May 12, 2015Town Council Meeting Agenda 11.2015-0322-T Consider and take appropriate action regarding revenue options and potential property tax rate for Fiscal Year 2016. Staff Report - Fiscal Year 16 Revenue Diversification.pdf Revenue Diversification Presentation.pdf Attachments: 12.2015-0323-T Consider and take appropriate action regarding the acceptance of the Popular Annual Financial Report (PAFR). Staff Report - PAFR.pdf 2014 PAFR.pdf Attachments: 13.2015-0324-T Town Council Liaison Updates; discussion of same: *Economic Development Corporation 4B, May 4, 2015 Council Liaison - Council Member Rhylan Rowe *Citizens Financial Advisory Board, May 11, 2015 Council Liaison - Mayor Pro Tem Greg Lamont 14.2015-0327-T Town Manager Seidel's update regarding the following; Council discussion and provide input regarding same. *Community Clean Up *Street CIP 15.2015-0328-T Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for May 26, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below item from the Future Agenda list: A. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28 Agenda) (2-Feb-10) (3-May-12). May 26, 2015 Upcoming Agenda.pdf Items for Future Agendas updated 5-5-2015.pdf Attachments: EXECUTIVE SESSION Town Council Page 3 of 201 Meeting Date: May 12, 2015 May 12, 2015Town Council Meeting Agenda 16.2015-0329-T Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 551.074(a)(1) Personnel Matter. To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Appointment of Mayor Pro Tem B. Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person and Section 551.071(2) Consultation with Attorney to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: 1) Annex Building and Potential Lease or Purchase of Property 2) Conveyance of property to the TCMUD No. 1 RECONVENE INTO REGULAR SESSION 17.2015-0330-T Consider and take appropriate action regarding the Executive Session. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Page 4 of 201 Meeting Date: May 12, 2015 May 12, 2015Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on May 9, 2015, by 3:30 p.m. in accordance with Chapter 551, Texas Government Code. Holly Fimbres 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 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2015. ________________________________, Title: ___________________________ Town Council Page 5 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0313-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Consider and take appropriate action regarding the Minutes dated April 14, 2015. Attachments:Draft TC Minutes April 14, 2015.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated April 14, 2015. Town Council Page 6 of 201 Meeting Date: May 12, 2015 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, April 14, 2015 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, April 14, 2015. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Holly Fimbres Town Secretary/RMO Steven Glickman Assistant Town Manager/CFO Adam Adams Parks and Recreation Director Patrick Arata Police Chief Pat Cooke Development Services Manager Donnie Hurd Interim Fire Chief/Assistant Fire Marshal April Reiling PIO/Marketing Manager Ron Ruthven Interim Town Planner John Zagurski Strategic Services Coordinator Mayor Sanders announced the date of Tuesday, April 14, 2015, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Council Member Parrow. The Pledges were led by Mayor Pro Tem Lamont. (Town Secretary Note: The agenda items were presented in the following order: Item No. 13, Item No. 14, Item No. 15, Item No. 1, Item No. 2, Item No. 3, Item No. 4, Citizen Presentations, Consent Agenda, Item No. 10, Item No. 11, Item No. 12, Item No. 16, Item No. 17, Item No. 18, Item No. 19, Item No. 20, Item No. 21, Item No. 22, Item No. 23, Item No. 24, and Item No. 25) WORKSHOP SESSION 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for April 14, 2015. There was no discussion. Town Council Minutes April 14, 2015 Page 1 of 100Town Council Page 7 of 201 Meeting Date: May 12, 2015 2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the April 28, 2015 meeting. Mayor Pro Tem Lamont inquired about the Interlocal Agreement with the Town of Westlake. Town Manager Seidel stated that Westlake approached the Town regarding partnering with them to place illuminated signs along State Highway 114. This item would be to see if Town Council wishes to participate, and Town Staff are currently reviewing placement of the signs on Trophy Club Drive and State Highway 114. Council Member Rowe inquired if the animal ordinance is what the Town Council had tasked the Animal Shelter Board with. Police Chief Arata stated yes and that a portion of the ordinance will be regarding chickens. Discussion took place that this item should not be on the consent agenda in order to allow discussion. Mayor Sanders asked why the round-about general signage item is coming back when they had already dealt with that recently. Town Manager Seidel stated that at the February 24, 2015, Town Council meeting, Council Member Parrow had presented the signage portion and Town Staff said they would meet with Town Engineer Tom Rutledge to review options to eliminate excess signage while still providing a safe environment in the round-about. This item will be for Town Staff to present recommendations for the Town Council to consider. Mayor Sanders noted that Town Attorney Adams’ annual evaluation was moved from tonight’s executive session to April 28, 2015. 3. Discussion regarding amendments to the contract between the Town and TCR Youth Baseball Association, including tournaments, to be effective January 2016. Attachment A – TCRYBA Presentation John Watson, President of the Trophy Club-Roanoke Youth Baseball Association (TCRYBA), thanked the Town Council for the opportunity to present this item and stated that the reason why they are here is to allow kids to play baseball. He provided a presentation that included the TCRYBA:  League Rules - designed where everyone gets to play and gets equal opportunity, there is a coach conduct policy, and they have to clear a background check;  Out of Area Fees - have increased from $10 to $20;  Tournaments - after 2015 the league has little interest in hosting tournaments, they do not have the man power or time to continue it. They do plan to keep the All-Star Tournament at the end of June each year, and the Byron Nelson High School Baseball Benefit Tournament;  Practice Space Allocation - this year and moving forward, they will pass around a practice sheet request form and Select teams will pick one practice slot first, then the Rec teams will pick a week day and weekend day practice slot, and what is leftover should go back to the Select teams. It has been a challenge because of the number of teams and rain outs play a huge factor fulfilling their obligations game wise. Council Member Parrow asked if the Roanoke is providing equal practice space compared to Trophy Club (TC). Mr. Watson stated that TC is not the sole practice facility and that Roanoke has four fields and TC has seven. He noted that they do not use Indy East for practice and that it is used for games only, but there are three T-ball Town Council Minutes April 14, 2015 Page 2 of 100Town Council Page 8 of 201 Meeting Date: May 12, 2015 practice spaces there that they utilize. Roanoke does accommodate girl’s softball which takes up about three to four practice slots during the week. Roanoke has 17 slots available for baseball during the week, and TC has about double that right now. Council Member Rowe asked if the four fields in Roanoke are game only. Mr. Watson stated they are not. Council Member Rowe asked if the practice fields being utilized are all full diamond fields, aside from the T-ball fields. Mr. Watson stated that they are and he noted that he has been approached by the Chadwick Farms neighborhood in Fort Worth and that they are going to start an organization to begin an appeal process to propose building practice fields at that park. Council Member Reed asked if any TC fields are being utilized for softball. Mr. Watson stated that they are not, and that all the girls’ softball is in Roanoke. Parks and Recreation Director Adams noted that TC Field No. 4 was a softball field and then it was converted to a baseball field after they picked up the older baseball divisions and Roanoke picked up girls softball. Mr. Watson stated that Select is not getting preference over Rec and that they are both very important. He continued his presentation regarding Capacity Cap, and he provided Spring 2015 registration statistics for Recreation and Select, including out of area numbers. Council Member Rowe asked if he had the numbers split for TC and Roanoke. Mr. Watson stated that he had the numbers by divisions. Mayor Pro Tem Lamont stated that appears that for Rec, Roanoke is 96 and TC is 252. Mr. Watson continued his presentation and provided Spring 2015 and proposed Spring 2016 statistics for U5 Beginner T-Ball, U6 Advanced T-Ball, and U7 Coach Pitch. He stated that there are 30 weekday practice slots available for T-ball, and that this spring they are only using 18. Parks and Recreation Director Adams pointed out that the capacity is based on the next registration cycle and that TC and Roanoke players will get to register first. Mr. Watson stated that they will have an exclusive period for TC and Roanoke players, and if there is space left over, they will open up registration to anyone else who wants to join the league. They will have to look into their bylaws and their 501c3 limitations, which may not be allow them to make registration completely exclusion. Council Member Rowe asked that when Council discusses capacity, they do not focus on the Town perspective on the number of kids but focus on times and field availability. Mr. Watson noted that he based his numbers on practice space during the week. He continued with Spring 2015 statistics and proposed Spring 2016 statistics for U8 Coach Pitch and U10 Kid Pitch, which is combined with U9. Council Member Kurtz inquired if the amount of practice space is based on Monday through Friday. Mr. Watson stated that they are proposing to close Indy West from Monday to Sunday, which allows them to have more practice space, but this would not apply to Field No. 4, which would remain closed on Monday. This is based Town Council Minutes April 14, 2015 Page 3 of 100Town Council Page 9 of 201 Meeting Date: May 12, 2015 on Roanoke being closed all day on Tuesday for their watering recovery day, adult softball all on Friday, two fields are dedicated for softball on Monday nights, and Saturdays are wide open when there are no games. He continued his presentation and provided Spring 2015 statistics and proposed Spring 2016 statistics for U12 Kid Pitch and U14 Kid Pitch. Additionally, he provided statistics of practice spaces available and needed for the divisions. Council Member Shoffner asked if he was saying they have 55 practice slots available but 51 slots are needed. Mr. Watson stated that 51 slots are what he based the plan on, which allows flexibility. Council Member Shoffner inquired if he had a guarantee from Roanoke that those slots are available. Mr. Watson stated that he met with City Manager Scott Campbell and Director of Parks and Recreation Ronnie Angel and they said they would give him the same amount of practice slots as the previous year. Council Member Shoffner stated that was based on a verbal agreement and asked what security he had if something happened with one of the fields. Mr. Watson stated that at some point in time a field will have to be closed, and they will have to make the necessary adjustments. Roanoke told them that they would work with them, but they are not interested in having a contract. Council Member Shoffner stated that it would be nice to have a guarantee to have those slots available because if something happens then it seems TC would incur that pressure. Mayor Pro Tem Lamont asked if he thought it would be a good idea to get the four entities together (baseball, kickball, TC and Roanoke). Mr. Watson stated that he is open to meet with everyone and stated that he met with Roanoke last week. Mayor Sanders reminded the Council that the purpose of tonight is to deal with future changes of the agreement. Council Member Reed stated that he views these areas as parks that the citizens own and pay for. He asked if there are opportunities for the resident kids to go to the parks and play during baseball season. Mr. Watson stated that there is and it happens often, and that practice starts at 5:30 p.m. and ends at 9 p.m. Parks and Recreation Director Adams stated that the schedules are posted and pick up play is not a problem but organized play is discouraged. Council Member Parrow asked that since there is no agreement with Roanoke and they have two nights for adult field usage, should TC look into adult field usage. Parks and Recreation Director Adams stated that they are not set up for adults and that they converted the only field that could be adult to a baseball field. He stated that there are a number of TC residents that play softball and Roanoke manages the youth softball leagues. Town Manager Seidel stated that both Hurst and North Richland Hills have softball leagues and there are TC residents that play in their leagues. Mr. Watson summarized what they are proposing which is moving forward to offer an exclusive period for registration for TC and Roanoke residents, and have a cap on the capacity to meet their practice space needs in Town Council Minutes April 14, 2015 Page 4 of 100Town Council Page 10 of 201 Meeting Date: May 12, 2015 order to provide a week day practice slot for each team. Additionally, they are proposing no tournaments past this year, other than the All-Star Tournament that they would run and host. Mayor Sanders asked about the fee for residents versus out of area players. Mr. Watson stated that the fee was $10 for everybody until the last agreement, and now it is $20 for non residents only. Mayor Sanders asked if TCRYBA is not continuing tournament sponsoring, then is the Town considering including that as part of a Parks 2016 program. He feels that tournaments increase tourism as well as sales tax. Parks and Recreation Director Adams stated that it would not preclude TCRYBA from doing a tournament and that it just would not be built into the agreement. He stated that the Town is not an ideal tournament location, but it can be something that is analyzed because the Town does well picking up tournaments in the area. He noted that if the Town goes into watering restrictions, then some of the tournament turnouts could have a negative impact on TC fields. Council Member Shoffner recommended removing Section 3.02, Tournament Rates, and if they decide to do tournaments then it would fall under the Town Schedule of Fees. Mayor Pro Tem Lamont inquired if they plan to have the three tournaments listed on their website. Mr. Watson stated that they will have the Swing into Spring 2015, Summer Slam, BNHS Benefit 2015, and the REC All-Star tournaments. He stated that the Rec tournament is a freebie, and the rate for the others is $2,000 per tournament. Brandon Hennig, Vice President of Select Baseball, stated that there are no Fall tournaments currently scheduled, but there is a possibility to have the Turkey Ball, but it has been canceled the last two years due to weather. Mayor Sanders suggested leaving the tournament section in the agreement in case they want to have one later. Council Member Shoffner stated that they could go by the Schedule of Fees if they have a tournament. Mayor Pro Tem Lamont stated that regarding capacity, it is going up by 113 from this year to next year. He asked what is the breakout of TC and Roanoke compared to Keller and Fort Worth because TC is basically built out. Mr. Watson stated that he does not have that information and stated that he allowed for 144 players in U5 and had only 65 this year. He was going by what they had capacity wise for practice and that he assumes they will not have 144 players. He stated that this Spring, the numbers were awry for U10 because they went from 162 to 110 players, which will even things out in the league instead of having a spike in one division. Council Member Rowe reiterated that they need to look at this in terms of fields and days. Council Member Kurtz asked how many game fields Roanoke provides compared to TC. Mr. Watson stated that Roanoke has four and TC has seven, but they try to utilize three of those fields for games. He noted more games are played in TC. Town Manager Seidel stated that this is about practice slots, having healthy competition, and to make sure that there are enough teams to be competitive within a certain age bracket. Mayor Sanders thanked TCRYBA for their services volunteering and stated that the value of the Town is their parks. He asked if they needed any decision from Town Council to move forward with the next agreement. Town Council Minutes April 14, 2015 Page 5 of 100Town Council Page 11 of 201 Meeting Date: May 12, 2015 Council Member Rowe stated that he would like to have a focused discussion in the near future regarding amending the agreement relative to the out of area fees. Mayor Pro Tem Lamont inquired about the concession staffing fees because he thought they were volunteers. Mr. Watson stated that they are on a volunteer basis, but when they have Select tournaments, the teams will work shifts to raise revenue for their team to play. The revenue goes to the teams and is distributed equally to the players. Mr. Hennig stated that the revenue averages about $350 per team, per tournament. Council Member Rowe stated that the agreement does not include field usage fees and asked if it comes out of the schedule of fees. Parks and Recreation Director Adams stated that it does. Council Member Rowe stated that he noticed a line item of about $8,700 for field maintenance and repairs, and asked if TC or Roanoke is receiving any payment for repairs. Mr. Watson stated that the Treasurer is not present but he believes that it was for purchasing new batting cages and new turf for those batting cages. He added that they would like to be in partnership with the Town for these types of items including scoreboards. Council Member Shoffner noted that he has seen that done with other towns through Capital Improvement Projects, where the town puts up the funds and the association pays it back over time. Town Manger Seidel stated that when the item is brought back to the Town Council to modify the agreement, the discussion of fees for out of area players and the opportunity for Capital Improvement Projects will be included. Council Member Reed stated that he would like future discussion of the option of using hotel occupancy tax (HOT) funds for the scoreboard. Mr. Hennig stated that for the three tournaments that took place last spring there were over 360 reservations at the Hampton Inn alone, and stated that they also have them listed on their website as a hotel sponsor. Town Manager Seidel stated that Section 351 of the Tax Code outlines what those taxes could be used for and that Town Staff would have to review those uses and provide an update later. Council Member Rowe stated that at some point he would like to have the opportunity to discuss how they decide what those days and times are from a Town perspective because of the different variables that come into play regarding baseball, kickball, etc. Town Manager Seidel recommended starting the process for the agreement and to have a separate conversation with a kick ball representative, baseball representative, and Parks and Recreation representative to make sure all the interests are accommodated. Parks and Recreation Director Adams stated that he has already begun discussion with Chad Jacobson who represents both the baseball and kickball aspect. (Town Secretary Note: Board Members Chris Bailey, Ron Rasberry, Casey DeShazo, Cory Woodward, Rob Baker, and Chad Jacobson were also present) Town Council Minutes April 14, 2015 Page 6 of 100Town Council Page 12 of 201 Meeting Date: May 12, 2015 4. Discussion of items from future agenda list: A. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) (1-Jan-13) (2 -April-14) Police Chief Arata provided a brief update and stated that Town Staff is proposing to let the current school year finish and then look at the option of removing the no parking restriction on Parkview, from Park Lane south to Durango, which will give them the opportunity to use the summer to reach out and inform the citizens on the proposed change. Town Manager Seidel stated that it is difficult to change habits this late in the year and it would be best to start the new school year with the new changes. Mayor Sanders stated that this item will stay on the future agenda list and will come back for an update. Council Member Reed suggested looking into possibly putting in a parking lot where the memorial is at and the baseball fields. Town Manager Seidel stated that they have looked at several options and that they would explore that suggestion. He advised that a parking lot with about 25 parking spaces would be approximately $75,000, which represents about $3,000 per space. Mayor Pro Tem Lamont asked that they notify the residents within the Lakes of the proposed changes to remove the no parking on Parkview. B. Consider and take appropriate action regarding July 4th festivities. (Sanders 1/13/2015) (1-April-14) Mayor Sanders provided an update and stated that the Trophy Club Stars and Stripes group is publicizing that any new neighborhoods that do not have flags, to contact Jeannette Tiffany or Michelle Reed about getting flags for their neighborhood. He added that it appears that the youth groups at Byron Nelson High School will be participating because their principal, director of education, and superintendenent are all on board . CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. There were no citizen presentations. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 5. Consider and take appropriate action regarding the Minutes dated March 2, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet) 6. Consider and take appropriate action regarding the Minutes dated March 10, 2015. (Town Secretary Note: Approved as presented in the Town Council agenda packet) Town Council Minutes April 14, 2015 Page 7 of 100Town Council Page 13 of 201 Meeting Date: May 12, 2015 7. Consider and take appropriate action regarding the purchase of tasers for the Police Department through a Sole Source provider; authorize the Town Manager or his designee to execute all necessary documents. 8. Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2015. Attachment B – Second Quarter Investment Report for Fiscal Year 2015 9. Consider and take appropriate action regarding the updated Strategy Map with the Trophy Club Town Council mission, responsibilities and principles. Attachment C – 2015 Strategy Map Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda Items 5 through 9. Motion passed unanimously. PUBLIC HEARING 10. Public hearing regarding a request to amend Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the “Village” Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit “C” entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. Attachment D – Ordinance No. 2015-08 Mayor Sanders opened the public hearing at 8:25 p.m. There was no one present that wished to speak regarding the item. Mayor Sanders closed the public hearing and reconvened into Regular Session at 8:27 p.m. REGULAR SESSION 11. Consider and take appropriate action regarding an Ordinance amending Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the “Village” Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit “C” entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. Attachment E – Zoom Room Presentation Dennis Sheridan, Planning and Zoning (P&Z) Commission Chair, thanked the Town Council and stated that the P&Z Commission discussed many items for this and were generally in favor of the application. Mayor Pro Tem Lamont asked if he had abstained from the vote. Mr. Sheridan stated he did abstain because there were three possible votes for him: 1) Vote yes, but he did not have all his questions answered; 2) Vote no; or 3) Abstain. He stated that he was not against it but needed more Town Council Minutes April 14, 2015 Page 8 of 100Town Council Page 14 of 201 Meeting Date: May 12, 2015 information, which was presented at the meeting but he did not have time to consider it. He needed information about sound proofing between Fish and Knife and the Zoom Room. He still has reservations but the applicant has shown a willingness to resolve any issues that arise. He noted that he is not aware of any regulation in the building code requiring sound proofing between two uses and that the applicant’s contractor did present the sound proofing material at the P&Z meeting. Mayor Pro Tem Lamont asked Town Staff if they had any experience with that particular sound proofing material. Interim Town Planner Ron Ruthven stated that he did not have any firsthand experience with this material but this is one of many products that are designed to baffle sound between uses. Mr. Sheridan stated that one difficulty is that there is no standard or code for decibel rating between two uses. He requested that they consider the item favorably. Council Member Reed asked if anyone from Fish and Knife were opposed to this use. Mr. Sheridan stated that there were none and that the tenants were notified of the public hearing. Council Member Parrow asked that since this is a franchise, were any attempts made to contact the others to see if there were any noise issues. Mr. Sheridan stated that the applicant will address that in her presentation and stated that Austin is the nearest store. Heather Gillihan, thanked the Town Council for their consideration and stated that Zoom Room has been a dream of hers for over five years and that Trophy Club is the only place she wants to have it. She provided a presentation on: What is Zoom Room; Canine Specialty Retail Store; Canine Training Center; Indoor Dog Park; Canine Social Club; Canine Event Center; What Zoom Room is NOT; Environmentally Friendly; and Considerate Neighbors. Additionally she stated that they have over 20 franchises open and they have never received a complaint about noise nor odor. Council Member Parrow asked if Fish and Knife ever complained about noise, would she take steps to address that. Ms. Gillihan stated that she absolutely would and that she is already taking steps now to prevent that. Additionally, she stated that they are putting the sound proofing on top of the existing drywall and covering it all the way to deck. David Barret, Owner of Barret Construction Management, LLC, stated that they are going an extra step above what their Corporate requires, which is putting an extra layer over the required sound proofing. Ms. Gillihan continued her presentation which included the Zoom Room Accolades and Why Trophy Club. Mayor Sanders asked if she is the franchise owner. Ms. Gillihan stated that she is. Motion: Motion made by Council Member Shoffner, seconded by Council Member Reed, to approve Ordinance No. 2015- 08 P&Z, amending Ordinance No. 95-20 and subsequent amendments thereto, creating and amending PD Planned Development District No. 13, an approximate 3.8 acre tract of land and part of the “Village” Shopping Center, located on Lot 1, The Village at Trophy Club, 2001 State Highway 114, Trophy Club, TX, by amending Exhibit “C” entitled "Development Standards" to allow an additional permitted retail use for Tract 1, to allow Indoor Canine Retail and Training; and providing a definition for that use. Town Council Minutes April 14, 2015 Page 9 of 100Town Council Page 15 of 201 Meeting Date: May 12, 2015 Council Member Rowe thanked Ms. Gillihan for her willingness to address concerns or issues. Mayor Pro Tem Lamont asked if Council can isolate a change in the PD for a single suite in a strip center. Town Manager Seidel stated that after doing some research, the answer is no and it would have to be done through a Specific Use Permit. Mr. Sheridan stated that the PD is specifically restricted to Tract 1. The vote was taken. Motion passed unanimously. 12. Consider and take appropriate action regarding proposed discussion topics for agenda items to be considered at the Joint Meeting with the Trophy Club Municipal Utility District No. 1 on April 28, 2015. Mayor Sanders stated that some items to include on the agenda are the land lease agreement for the annexation building, fire protection services on land that is not within the TCMUD No. 1, and conveyance of certain property that are Town assets that is within the TCMUD No. 1. Town Manager Seidel stated that an item was requested to add the lease of offices in the Svore building. Mayor Sanders stated that the meeting will be limited to an hour and that he felt the land lease agreement for the Annex building should be dealt with first and he noted that the conveyance of assets are currently being worked on. Town Manager Seidel stated that another item could be added for an update from the Fire/EMS Joint Sub- Committee. Council Member Reed noted that the proposed lease is the same terms as discussed as a joint group for a 10 year guarantee period excluding the use of an animal shelter. Mayor Sanders stated that the interlocal agreement for fire protection services can be the second agenda item and the other items can be for brief discussion. Brief discussion took place regarding fire protection services and providing services for the welfare of the citizens as it relates to the need for an agenda item at the joint meeting. 13. Consider and take appropriate action regarding a Proclamation proclaiming May 2015 as Motorcycle Safety and Awareness Month in Trophy Club. Attachment F – Proclamation No. 2015-07 Council Member Parrow read the proclamation into the record. Paul Kelsey, Shane Morrow, and John Patterson, members of the Lost Riders of Denton County were present to accept the proclamation. Motion: Motion made by Council Member Parrow, seconded by Council Member Reed, to approve Proclamation No. 2015- 07, proclaiming May 2015 as Motorcycle Safety and Awareness Month in Trophy Club. Motion passed unanimously. Town Council Minutes April 14, 2015 Page 10 of 100Town Council Page 16 of 201 Meeting Date: May 12, 2015 14. Consider and take appropriate action regarding a Proclamation proclaiming April 2015 as National Child Abuse and Neglect Prevention Month in Trophy Club. Attachment G – Proclamation No. 2015-08 Council Member Parrow read the proclamation into the record. Development Officer Jamie Blanton and Executive Director Dan Leal of the Children's Advocacy Center for Denton County were present to accept the proclamation. Motion: Motion made by Council Member Parrow, seconded by Council Member Reed, to approve Proclamation No. 2015- 08, proclaiming April 2015 as National Child Abuse and Neglect Prevention Month in Trophy Club. Motion passed unanimously. Mr. Leal thanked the Town Council for their support and acknowledged Police Sergeant Keith Burris for his outstanding service, and stated that due to his hard work a perpetrator was brought to justice to help keep the community safe. Additionally, he announced that a class will be held at Premier Academy on Thursday, April 16, 2015, from 6:30 to 8 p.m., which teaches the physical and behavioral signs of abuse and discusses the important steps we can take to keep kids safe. 15. Recognition of Town Staff and Citizen Volunteers who participated in the 2015 Warrant Round Up; discussion of same. Town Manager Seidel stated that this was the most successful year for Warrant Round-Up, which was due to a lot of hard work and planning by the Municipal Court, Police Department, and volunteers. He stated that there were 45 warrants cleared, 14 arrests made, 101 warrants served, and that volunteers made over 300 phone calls. He introduced and thanked the following: Municipal Court – Presiding Municipal Court Judge Mark D. Chambers, Jr. and Alternate Municipal Court Judge Eric G. Ransleben, and Court Administrator Andrea Buerger (they were unable to attend); Police Department – Lieutenant Tracey Shields, Sergeant Keith Burris, Officer Barry Sullivan, Officer Tammie Stubblefield, Officer Brian Glueck, and Reserve Officer Chris Hankins; and Volunteers - Scott Spooner, John Lynch, Marie Frank, Angie Glueck, and Dena Boudreau. 16. Presentation from Development Services Manager Pat Cooke and Patrick Prather, President of Municipal Mosquito, regarding West Nile monitoring; discussion of same. Attachment H- Municipal Mosquito Presentation Development Services Manager Pat Cooke introduced the item and stated that this item was for the mosquito population control, disease surveillance, and possible responses available to the Town. Town Staff is recommending entering into a contract with Municipal Mosquito for the 2015 mosquito season and the cost will be funded through the drainage fund with no direct outlay from the general fund. After calculation of Town Staff and resources during the 26 week mosquito season, it was determined that using an outside contractor, in conjunction with Town Staff for a supplemental role, will be the most efficient utilization of town resources and provide the best protection for the citizens. Patrick Prather, President of Municipal Mosquito, thanked the Town Council for their consideration and provided a brief history on his background being an Entomologist, as well as other cities that Municipal Mosquito provides services to. He provided a presentation on: Mosquito Management and the Biology of Control. Town Council Minutes April 14, 2015 Page 11 of 100Town Council Page 17 of 201 Meeting Date: May 12, 2015 Council Member Reed inquired how long an adult mosquito lives for. Mr. Prather stated that it depends on the time of year and can range anywhere from 1 week up to 6 months. He continued his presentation which included: Local Mosquitoes of Concern; Mosquito Management Services provided to Trophy Club; Off Road UTV Fogging; 2015 Season Outlook; and their website. Additionally, he noted that they only perform fogging in response to disease but not nuisance. Council Member Shoffner made a comment that when this issue came up last year, he particularly liked the video that Mr. Prather provided for The Colony because they were focused and went after the problem. Mr. Prather stated that they did not run fog trucks in The Colony until 2012 because of those directed targeted responses in the greenbelt areas before it spilled over into the streets. Council Member Parrow asked if the fogging that they do is a mist that settles on water or does it attract adult mosquitoes. Mr. Prather stated that the ULV Fogging is adulticide only and that there is various ways to kill adults and the ULV Fogging stays airborne for a period of time and then volatilizes. Council Member Parrow asked what they apply to address the larva in the water. Mr. Prather stated that there are various control products, which most are natural in origin, and that oils can be applied to the surface of the water and they can place professional mosquito dunks in the water. Additionally, he stated that the bodies of water are treated throughout the season. If they get diseased positive traps, then they set up a spray map and apply on two, possibly three, consecutive nights. Mayor Sanders inquired about the amount for the contract. Town Manager Seidel stated it was for $17, 200, which included an event for fogging if needed. Mayor Sanders asked if they were excluding treating the number of lakes that are within homeowner associations. Town Manger Seidel stated the areas that are covered are for public areas only. Mr. Prather commented that if it is a gated community they can contract with them separately, and if it’s a body of water they may introduce minnows. Council Member Rowe asked if the differentiator was private verses public land or privately gated versus publicly accessible. Town Manager Seidel stated that it will be for town owned property. He noted that there are some bodies of water that are specially regulated because of the nature of the water. Mayor Sanders stated that the issue becomes Corp land. Mr. Prather stated that similar cities with Corp property are off limits unless the city has leased property such as a park. Mayor Sanders stated that there may be a need to discuss this a little further about getting the homeowners associations involved. Council Member Rowe stated that he would like to know if there are any high risk areas that are private property. Town Council Minutes April 14, 2015 Page 12 of 100Town Council Page 18 of 201 Meeting Date: May 12, 2015 Town Manager Seidel recognized Development Services Manager Cooke and Code Enforcement Officer Thad Johnson for going through training and helping enhance what the Town brings to the residents. Council Member Shoffner stated that he appreciated Town Staff for their work on this item. Mayor Sanders commented that contact should be made to the Trophy Club Country Club to possibly include them. Town Manager Seidel stated that Town Staff wanted to get direction from Town Council first and then reach out to the Country Club to see if they already have a system in place or if they would like to be included with this. Mayor Sanders thanked Mr. Prather and Development Services Manager Cooke for their work on this item. 17. Consider and take appropriate action regarding planning and construction of municipal facilities, funding sources, impact on tax rate, communication with and input from residents. Attachment I - Capital and Facilities Planning Presentation Mayor Sanders stated that most of the discussion tonight will be about financial matters and how it may affect tax rate. He provided a summary and stated that when the majority of Council took office in May, they started a process of trying to find a location for a future joint municipal facility for the Police Department and Town Hall. A letter of intent was signed and issued by the Town to the Country Club (Club Corp) to make an offer ($10 a square foot) to buy the tennis court and swimming pool area, which was never signed by Club Corp because it was held up in legal. In December 2014, the Town received an email from the Club stating that they would not consider selling their land because it would compromise their tennis program. The Council had already begun exploring other options, including the United Methodist Church about a piece of land they owed and they made an offer to them but they were not willing to sell it. During the same time, extensive conversation occurred with Beck Properties about PD 30, which led to discussion about changing of the PD. Beck submitted new designs to the P&Z Commission to amend the PD which called for a Town Hall and Police facility; Beck pulled the application from P&Z the day before they were going to consider it. Not long after that, they explored every possible place because there is limited space, as of today there is a signed contract of about 5.5 acres, adjacent to Hannah Court along Trophy Wood Drive, and runs back to TW King. The area is being considered for a joint municipal facility, and there is no site plan for it at this point. Additionally, he stated that the Councils desire is to preserve as many trees as possible and that discussion tonight will be regarding funding and moving forward with a plan including potentially buying more land that is adjacent to area, which does not have a contract. Council Member Reed asked the Mayor to make a comment about what the prior Council did in terms of funds and that the Town has over $2.5 million that has been sitting in a bank account for a few years. Mayor Sanders stated that the previous Council did use a Certificate of Obligation for $2.5 million that they borrowed from the bank to buy land, so the Town has been ready to purchase land in a cash stance as long as it didn’t go over $2.5 million. The only way to use the funds without going back and re-purposing the debt was to buy land for a joint Town Hall and Police facility. Town Manager Seidel provided a presentation regarding the Capital and Facilities Planning regarding funding options which included discussion of the CIP funding plan and debt service, joint facility funding, direction for future CIP projects with no impact on the tax rate, and utilization of Hotel Occupancy funds. Town Staff is proposing for Fiscal Year 2015, refunding of the 2007 General Obligation Bonds, approximately $2.4 million remaining on that bond, which would equate to approximately $140,000 of Net Present Value savings, allow the Town to make a large payment in September of 2016, allow the Town to keep I&S rate constant at $0.11, and also protect future debt capacity. In Fiscal Year 2016, the intent is to have a General Obligation Bond Election in November and if it passes the debt would be issued early 2016. There is a possibility to issue up to a total of $9.5 million in capital projects, which would keep I&S rate at $0.11 and the tax rate would stay at $0.49. For Fiscal Year Town Council Minutes April 14, 2015 Page 13 of 100Town Council Page 19 of 201 Meeting Date: May 12, 2015 2017, there will be an additional $2.5 million debt capacity and the first payment would be in 2018. He discussed how to accomplish that by the tax rate remaining at $0.49, $75,000 contribution from CCPD, declining debt service annual payment from Fiscal Year 2016 and Fiscal Year 2017, growth forecast is at 8 percent, and this does not include available I&S Fund Balance. He provided a summary of the CIP Planning for Fiscal Year 2015 to Fiscal Year 2022, as well as for the for the joint Town Hall and Police Facility, arterial roads, street reconstructions, and entryway monumentation. He discussed the Civic Center and Hotel Fund and noted that the current revenue estimate for this year is $240,000, and that the estimated Fiscal Year 2015 Fund balance is $470,000. He stated that Holiday Inn is expected to be completed by December 2015 and Homewood Suites is scheduled for the summer of 2016. The future revenue estimate by Fiscal Year 2017 is $439,000 per year. He provided a summary of the based upon current revenue estimates for the Civic Center and Hotel Fund. Additionally, he went over HOT Fund allowable uses, which included: general promotion of the tourism industry; visitors information center; convention/civic center; maintenance and operating expenditures of the facility; promotion of the arts; historic museum; meeting space; and plaza area, sidewalks, landscape, and parking. Council Member Reed noted that there is a group called Old Town Development that is specifically working on bringing restaurant uses to that area, so that once the Town Hall facility is built there is an opportunity for a town center feeling with restaurants and hotels. Council Member Rowe made a point of clarification regarding HOT fund allowable uses, and stated that they could be used for a plaza area because of the impact it would have on the area commercially, independent whether or not there is a civic center. Council Member Reed stated that the HOT funds are truly funds from visitors who stay at those hotels and the Council is trying to do their best to promote the community and tap into these funds. Town Manager Seidel provided some decision points that Town Staff is requesting direction from which included: 2007 GO Bond refunding; total Town Hall and Police Department budget; excess funds from the $2.5 million CO; I&S rate at $0.1150 beginning in Fiscal Year 2017; CIP planning and project schedule; and civic center. Council Member Kurtz stated that he would like to stay as close as possible to the budgeted amount that was made prior for the facility that would have been built on the land behind the church. Mayor Sanders commented that initially the Council had taken a 40,000 square foot facility and paired it down to a 20,000 square foot building and wanted to continue utilizing the roughly 4,000 square foot annex building because it was fairly close to the church. Now that the new facility location is further away, they looked at inserting the 4,000 square feet to the new facility and use the Annex building for meeting spaces. He stated that this decision has not been made and will probably be future decision when a presentation is received from the architect about space planning. Council Member Rowe made a comment that the Council had a presentation from GSBS at the Retreat in January, and had consensus on the concept that should be able to fulfill what Council Member Kurtz would like. He stated that regarding funding, he believes that it should be arranged to focus on using the proceeds of the $2.5 million CO for the joint municipal facility, and any additional needed funds would be in the November Bond Election. Any existing debt capacity that the Town has in addition to that he would like to use on CIP, and that way the citizens are able to see the full price tag of the new joint facility. Council Member Reed stated that he supports Council Member Rowe and stated that he believes the facility should be about 4,000 square feet larger and that the cost be 100 percent transparent. He is not in favor of the idea of moving different funds around to acquire the whole amount of funds. As to the issue with the land, it is his belief that they should purchase the land under contract and allow that area to be the joint facility. He also believes that they should purchase the other piece of land but only if it can be purchased with HOT funds. Town Council Minutes April 14, 2015 Page 14 of 100Town Council Page 20 of 201 Meeting Date: May 12, 2015 Mayor Pro Tem Lamont stated that he is in favor of a total of $6.9 million, which includes what is left over from the $2.5 million CO, and then go out for the bond in November for what is left, about $5.8 to $5.9 million. He noted that they are basically cutting the building in half and the prior Council put $11.7 million on the ballot for a Bond, and he is proposing almost half of that. Mayor Sanders stated that one of the proposals was to take the excess funds from $2.5 million CO and buy the 5.5 acres of land, which leaves $1.5 million and use that to buy the adjacent lot and still have $300,000 left. Then take HOT funds and reimburse the Town for the money used to buy the adjacent lot but they do not have the cash from HOT funds to do that today so they would have to take out a CO to purchase the adjacent lot. Council Member Shoffner asked based on that scenario if he was assuming that they would build a civic center and if that was the intent for buying that piece of property using HOT funds. Council Member Reed stated that it is his understanding that they can buy the property and put a parking lot there that supports the restaurants. He stated that there are a few restaurants that want to be there and that one of the issues is that it is significantly under parked so it would be a true benefit to add additional parking. Council Member Parrow echoed what the Mayor said regarding the adjoining piece of land and stated that it would broaden the exterior and structure of what can be built. They could have the facility built closer to the intersection and use the back portion of land for police parking and storage. Council Member Kurtz stated that he is not averse to buying the other piece of land with HOT funds, but he has an issue that they do not know if a civic center is viable. He believes they need to focus on the joint facility. Mayor Sanders stated that he believes that the Town residents spoke years ago when a survey was done and their number one priority was for some type of municipal building where the citizens could meet and have functions. He feels that with the limitations you can do with HOT funds, it makes sense to put something there that will benefit the hotels, restaurants, citizens, and tourism would pay for it. He sees a potential for the restaurant to cater functions at the hotels. He feels that buying the land makes sense and there is limited land already and if a civic center could not be built then the land could be sold. He also feels that it’s important to create a buffer behind the proposed facility and have the best visibility with the facility being close to Trophy Wood frontage. Council Member Reed stated that the adjacent property becoming a parking facility would assist in sales tax revenue because there is great potential for attractive restaurants. He believes that discussion can occur in the future for a civic center. Council Member Rowe stated that he agrees that the acreage should be adequate for an office building. He stated that his concern on a civic center using HOT funds prevents it from being an amenity the citizens want it to be. Mayor Pro Tem Lamont stated that he would only be in favor of doing a CO that was fully funded by HOT funds, and that he is concerned about the amount for the adjacent property and making it a parking lot. Council Member Shoffner stated that they need to treat these items as two separate things. He added that when they looked at the Methodist property it was three acres and it backed up to residences. They are now adding two additional acres, so there should be no issue with building the facility and providing a buffer. In regards to the adjacent property, he feels that it is a lot of money to spend for a parking lot. He believes that it would be wise for them to take the million dollars they are saving on buying the property and put it back into building. Sean Bone, 2816 Waverly Drive, stated that he voted no for the last bond election. He asked what kind of research and Council involvement was done with how much space is need ed for the Police Department to adequately provide them with and run the department. Town Council Minutes April 14, 2015 Page 15 of 100Town Council Page 21 of 201 Meeting Date: May 12, 2015 Mayor Sanders stated that an extensive amount of time and research has been done and that roughly half the square footage is for Police Department and the other half is for Town Hall. The exterior to the internal square footage will have a fair amount for fence secured parking for police vehicles and staff vehicles. He stated that Chief Arata and the Council were involved with the design and amount of adequate space. They reduced the initial square footage of the building and it should equate to a savings. Additionally, he stated that an architect has done initial planning and Council has tried to stay under $300 a square foot, minus the purchasing land. Town Manager Seidel stated that by the nature of it, a Police facility is more expensive then town offices and provided an example that they need harden rooms for evidence rooms, armories, and EOC. Police Chief Arata stated that their current square foot is about 6,000 and they are going to a little over 10,000 square feet, which allows for growth in the future. Susan Edstrom, 271 Oak Hill Drive, made a comment that if they want resident input then they should not make the item so late on the agenda. Her first item was that she agrees with the priority of the Police Department and Town Hall facility and that she is not in favor of a convention center. She stated that a municipal building was not number one on the survey, it was for a Rec/Community Center. She stated that the last bond election was too much money and the facility was too big. She would like to see what other options there are and told the Council to keep up the good work. Mayor Sanders stated that they were not trying to sell a convention center but it was something that needed to be discussed in open session. The clear thing is what could it be used for, and whether it’s called a civic center, convention center or conference center it will still be a meeting space. Council Member Kurtz commented that they want to be as transparent as possible and also save as much as much as possible. Motion: Motion made by Council Member Rowe, seconded by Council Member Kurtz, to follow Town Staff recommendation and begin the process to refund the 2007 GO Bond. Town Manager Seidel stated that they will schedule this to occur sometime in the summer and set it up as a private placement. They would like to act quickly while the interest rates are still low. He noted that when a bond is refunded, they are actually selling new bonds at a lower interest rate so this would come back to Town Council for approval. The vote was taken. Motion passed unanimously. Motion: Motion made by Council Member Reed, seconded by Mayor Pro Tem Lamont, to set a cap for design purposes of the new joint facility for $6.9 million, utilize at least $1 million from the savings of the $2.5 million CO to roll back into the construction of the new joint facility, and go before the citizens for the approval of the additional $5.9 million. Mayor Sanders commented that the Council previously gave direction to the Town Manager to move forward to negotiate a price and make an offer on two pieces of land. He clarified that if the second piece of land was to move forward they would not use existing funds to do that. Council Member Reed stated that he would not use existing funds and that they are two separate issues. Council Member Kurtz asked if the $6.9 million was based on for 24,000 square feet, the extra 4,000 square feet. Town Council Minutes April 14, 2015 Page 16 of 100Town Council Page 22 of 201 Meeting Date: May 12, 2015 Mayor Sanders stated that is correct and that the intent was for the total amount to be inclusive of all cost, including FF&E and engineering cost. Council Member Shoffner clarified that it would be for 23,000 square feet at $300 a square foot. Mayor Sanders stated that there will be a little more than $1 million in savings and asked if they have to repurpose it to go into the building. Town Manager Seidel stated that Bond Council will have to advise about the proper procedure for the repurpose of those funds and will have to go through a public hearing notice period. The vote was taken. Motion passed unanimously. RECESS AT 10:44 P.M. FOR A BREAK RECONVENE AT 10:57 P.M. INTO REGULAR SESSION 18. Consider and take appropriate action regarding the dissolution of the Town Council Municipal Facilities sub-committee. Motion made by Council Member Parrow, seconded by Council Member Rowe, to dissolve the Town Council Municipal Facilities sub-committee. Motion passed unanimously. 19. Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2014-2015 Budget of the Town (Budget Amendment No. 1); providing an amendment for the appropriation of funds related to changes to equipment, services, and personnel, including amendments impacting the EDC 4B and CCPD budgets; and providing an effective date. Attachment J – Ordinance No. 2015-07 Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve Ordinance No. 2015-07, amending the Fiscal Year 2014-2015 Budget of the Town (Budget Amendment No. 1); providing an amendment for the appropriation of funds related to changes to equipment, services, and personnel, including amendments impacting the EDC 4B and CCPD budgets. Motion passed unanimously. 20. Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances of the Town by adding Article III, "Tax on Telecommunications Services" to Chapter 15, "Taxation" in order to repeal the sales tax exemption on telecommuncations services sold within the boundaries of the Trophy Club Crime Control and Prevention District (the corporate boundaries of the Town) and thereby levying a tax on those services at the maximum rate authorized by law for other local sales and use taxes; providing a penalty; and providing an effective date. Attachment K – Ordinance No. 2015-06 Assistant Town Manager/CFO Glickman provided a brief update and stated that on August 26, 2014, the CCPD voted unanimously to repeal sales tax exemptions on telecommunications services sold within its boundaries. The Town voted to impose the sales tax on telecommunications services effective the second quarter of 1989; however, with the creation of the CCPD, a special district, the governing body must take separate action. Town Staff estimates that sales tax for the CCPD would increase by at least $10,000 annually with the approval of this ordinance. Town Council Minutes April 14, 2015 Page 17 of 100Town Council Page 23 of 201 Meeting Date: May 12, 2015 Motion made by Council Member Reed, seconded by Mayor Pro Tem Lamont, to approve Ordinance No. 2015-06, amending the Code of Ordinances of the Town by adding Article III, "Tax on Telecommunications Services" to Chapter 15, "Taxation" in order to repeal the sales tax exemption on telecommuncations services sold within the boundaries of the Trophy Club Crime Control and Prevention District (the corporate boundaries of the Town) and thereby levying a tax on those services at the maximum rate authorized by law for other local sales and use taxes. Motion passed unanimously. 21. Town Council Liaison Updates; discussion of same: *Citizens Financial Advisory Board, April 13, 2015 Council Liaison - Mayor Pro Tem Greg Lamont Provided update, no action taken, just discussion. Strategic Services Coordinator Zagurski provided a brief update and stated that the vehicle replacement policy and purchasing policy will be presented to the Town Council based on CFAB recommendations. Additionally, he commented that per the Town Charter the annual financial report is due at the end of December which gives budget estimates of expenditures over the year, and the Popular Annual Financial Report is done after the audit, the two reports are redundant so possibly do a Charter amendment to do one report in April. Town Manager Seidel stated that the Town runs on a fiscal year and at the end of each fiscal year an audit is performed. He stated that the annual financial report in December is based on estimates, and Town Staff would like to recommend having one audited financial report presented. 22. Town Manager Seidel's update regarding the following; Council discussion and provide input regarding same.  No Soliciting Signs  Competitive Bid for Park Services  Verizon Cellular Tower Town Manager Seidel updated the Council and addressed questions; no action taken, update only. 23. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Mayor Sanders requested that an item be added for discussion of possible charter amendments. Mayor Pro Tem Lamont requested that an item be added for discussion of possible uses of hotel occupancy tax funds. Council Member Kurtz stated that he would like to see if HOT funds can be used for Trophy Club Park. Council Member Parrow inquired if Item No. 1 was still an active item. Council Member Rowe asked if there were any remaining ordinances establishing Board and Commission member term limits. Town Council Minutes April 14, 2015 Page 18 of 100Town Council Page 24 of 201 Meeting Date: May 12, 2015 Town Attorney Adams stated that Town Staff is currently going through the codification process and making those changes and will be brought back before Town Council for approval. Town Manager Seidel inquired about removing Item No. 7 and stated that the intent was to have the football and soccer associations come before the Town Council at the May 12, 2015, meeting in order to have discussion of a structured agreement for use of the facility similar to baseball. Mayor Sanders received no objection for the removal of Item No. 1, Consider and take appropriate action regarding term limits for Board and Commission members (Rowe 7/22/2014), and for the removal of Item No. 7, Consider and take appropriate action regarding the baseball contract and tournaments (Lamont 1/13/2015). Mayor Sanders requested that an item be added for an update regarding the Community Garden located within Harmony Park, which was approved at the January 27, 2015 Town Council meeting, and receive an update regarding the use agreement between Keep Trophy Club Wild (KTCW) and the Town. EXECUTIVE SESSION 24. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 551.074(a)(1), Personnel Matter. To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Town Secretary/RMO, Holly Fimbres B. Section 551.072, Deliberation about Real Property. To deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential Lease of Property CONVENE INTO EXECUTIVE SESSION - START TIME – 11:23 P.M. RECONVENE INTO REGULAR SESSION - START TIME – 12:20 A.M. RECONVENE INTO REGULAR SESSION 25. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried unanimously. Meeting adjourned at 12:21 p.m. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes April 14, 2015 Page 19 of 100Town Council Page 25 of 201 Meeting Date: May 12, 2015 ATTACHMENT A TCRYBA Presentation Town Council Minutes April 14, 2015 Page 20 of 100Town Council Page 26 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL 2016 Proposal Town Council Minutes April 14, 2015 Page 21 of 100Town Council Page 27 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL Town Council Minutes April 14, 2015 Page 22 of 100Town Council Page 28 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL Town Council Minutes April 14, 2015 Page 23 of 100Town Council Page 29 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL Town Council Minutes April 14, 2015 Page 24 of 100Town Council Page 30 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL Town Council Minutes April 14, 2015 Page 25 of 100Town Council Page 31 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL Town Council Minutes April 14, 2015 Page 26 of 100Town Council Page 32 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL League Rules Out of Area Fees Tournaments Practice Space Allocation Capacity Cap Town Council Minutes April 14, 2015 Page 27 of 100Town Council Page 33 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL Recreation Spring 2015 Registration Trophy Club/Roanoke 348 Out of Area 356 Total 704 Town Council Minutes April 14, 2015 Page 28 of 100Town Council Page 34 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL Select Spring 2015 Registration Trophy Club/ Roanoke 72 Out of Area 48 Total 120 Town Council Minutes April 14, 2015 Page 29 of 100Town Council Page 35 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL U5 Beginner T-Ball Spring 2015 6 Teams 65 Players Spring 2016 12 Teams 120 Players Town Council Minutes April 14, 2015 Page 30 of 100Town Council Page 36 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL U6 Advanced T-Ball Spring 2015 12 Teams 129 Players Spring 2016 12 Teams 12 Players Per Team 144 Players Town Council Minutes April 14, 2015 Page 31 of 100Town Council Page 37 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL There are 30 weekday practice slots available for Tball. This spring we are only using 18. Town Council Minutes April 14, 2015 Page 32 of 100Town Council Page 38 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL U7 Coach Pitch Spring 2015 11 Teams 125 Players Spring 2016 8 Teams 12 Players Per Team 96 Total Players Town Council Minutes April 14, 2015 Page 33 of 100Town Council Page 39 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL U8 Coach Pitch Spring 2015 8 Teams 95Players Spring 2016 8 Teams 12 Players Per Team 96 Total Players Town Council Minutes April 14, 2015 Page 34 of 100Town Council Page 40 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL U10 Kid Pitch Spring 2015 15 Teams 162 Players Spring 2016 10 Teams 11 Players Per Team 110 Total Players Town Council Minutes April 14, 2015 Page 35 of 100Town Council Page 41 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL U12 Kid Pitch Spring 2015 7 Teams 79 Players Spring 2016 7 Teams 11 Players Per Team 77 Total Players Town Council Minutes April 14, 2015 Page 36 of 100Town Council Page 42 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL U14 Kid Pitch Spring 2015 5 Teams 55 Players Spring 2016 6 Teams 11 Players Per Team 66 Total Players Town Council Minutes April 14, 2015 Page 37 of 100Town Council Page 43 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL Summary Weekday Practice Spaces Available for U5- U6 30 Weekday Practice Spaces Available for U7 - U14 55 Practice Spaces Needed for U5-U6 24 Practice Spaces Needed for U7-U14 Rec 39 Practice Spaces Needed for U8-U14 Select 12 Town Council Minutes April 14, 2015 Page 38 of 100Town Council Page 44 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL Age Division Number Players Total Players of Teams per Team U5 10 Teams 12 120 U6 10 Teams 12 120 U7 8 Teams 12 96 U8 8 Teams 12 96 U10 10 Teams 11 110 U12 7 Teams 11 77 U14 6 Teams 11 66 Town Council Minutes April 14, 2015 Page 39 of 100Town Council Page 45 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL Total Rec Teams 59 Total Rec Players 685 Total Select Teams 12 Total Select Players 132 Total Players League Wide 817 Town Council Minutes April 14, 2015 Page 40 of 100Town Council Page 46 of 201 Meeting Date: May 12, 2015 TCRYBA BASEBALL Town Council Minutes April 14, 2015 Page 41 of 100Town Council Page 47 of 201 Meeting Date: May 12, 2015 ATTACHMENT B Second Quarter Investment Report for Fiscal Year 2015 Town Council Minutes April 14, 2015 Page 42 of 100Town Council Page 48 of 201 Meeting Date: May 12, 2015 Town ofTrophy Club Quarterly Investment Report For the Quarter Ended December 31, 2014 13 Weeks Treasury Bill Yield : 0.03% First Financial Bank Beginning Ending Avg Monthly Yield : 0.15% Investment Descrletlon Balance Deposits Withdrawals Interest Balance AvgWAM• in Days: N/A First Financial· Pooled cash $ 1,156,579.13 3,031,536.43 $ (2 ,975,466.01) 474.02 $ 1,213,123 .57 First Financial Totals $ 1,156,579.13 3,031,536.43 $ (2,975,466 .01) 474.02 $ 1,213,123.57 TexPool Beginning Ending Avg Monthly Yield : 0.0487% Investment Descrletlon Balance Deeoslts Withdrawals Interest Balance Avg WAM•in Days : 53 Te xPool -Interest and Sinking Account 971,146.87 630,345.80 (888,949.96) 125.14 $ 712,667 .85 Te xPool -Designated Account 521,838.08 2,556,616.10 (2,100,000.00) 129.34 978,583 .52 Te xPool -Grant Fund 99 .86 99 .86 TexPool -2010 Ta x Notes 41,120.87 4 .71 41,125 .58 Te xPool -SM Park Bond 2010 150,893.29 17.18 150,910.47 TexPool -2012 Ta x Notes 279,381.89 31.89 279,413 .78 TexPool -2013 CO 1,822,931.60 207 .97 1,823,139.57 Te xPool -2014 CO 2,500,526 .53 285 .29 2,500,811.82 TexPool -Utility Dra inage Account 147,465.18 16.85 147,482.03 TexPool Totals 6,435,404.17 $ 3,186,961.90 (2,988,949.96) 818.37 6,634,234.48 LOGIC Beginning Ending Avg Monthly Yield : 0.0999% Investment Descrletlon Balance Deeoslts Withdrawals Interest Balance AvgWAM• in Days : 54 LOGIC -Designated $ 2,557,597 .52 $ 400,000.00 $ $ 667.10 s 2,958,264.62 LOGIC Totals s 2,557,597.52 $ 400,000.00 $ $ 667.10 $ 2,958,264.62 First Public Beginning Ending Investment Oescrletion Balance Deeoslts Withdrawals Interest Balance Avg Monthly Yield: 0.13% First Public -Designated s 1,578,877.93 $ 481.05 1,579,358.98 Avg WAM• In Days : 52 First Public Totals $ 1,578,877.93 $ 481.05 1,579,358.98 Total Cash & Investments $ 11, 728,458. 75 $ 6,618,498.33 $ (5,964,415 .97) $ 2,440.54 $ 12,384,981.65 •wAM (Weighted Average Maturity) Is the mean average of the periods of time remaining untll the securities held are (1) scheduled to be repaid or (2) would be repaid upon demand or (3) are scheduled to have their Interest rate readjusted to reflect current market rates. The undersigned serves as the Investment Officer• for the Town of Trophy Club , I certify that all instruments held in the Town 's investment portfolios for the period October 1, 2014 through December 31 , 2014 (a) met the Investment guidelines and complied with the Investment strategies as authorized by the Town's Investment Policies, and (b) did not violate any applicable provisions of section DATE___.:t'---C{_-_l_S_ Town Council Minutes April 14, 2015 Page 43 of 100Town Council Page 49 of 201 Meeting Date: May 12, 2015 ATTACHMENT C 2015 Strategy Map Town Council Minutes April 14, 2015 Page 44 of 100Town Council Page 50 of 201 Meeting Date: May 12, 2015 Strategy Map MISSION To maintain Trophy Club’s standing as a Premier Residential Community and a “Great Place to Call Home” by protecting and promoting the interests of its Residents, Businesses, and Property Owners. To support our Mission, we are tasked with the following areas of primary Responsibility: • Exceeding high standards for public safety and low crime rates. • Maintaining and improving street and storm drainage infrastructure. • Fostering a business-friendly environment. • Collaborating with Trophy Club MUD #1 and other governmental entities. • Maintaining Town assets, services, and codes of ordinance that preserve the natural beauty of Trophy Club. • Improving the aesthetic and recreational value of the Town. We pledge to carry out our Responsibilities operating under the following Principles: • Operating a limited government with maximum transparency. • Exercising fiscal discipline and taking a business-like approach to Town operations and budget prioritization. • Remaining accountable and responsive to residents, businesses, and property owners, with emphasis on proactive communication and problem solving. • Taking deliberate, targeted action resulting from thoughtful analysis, weighing costs and benefits in all situations. • Conducting ourselves as leaders, following the highest ethical standards, with humility before residents. RESPONSIBILITIES PRINCIPLES Town Council Minutes April 14, 2015 Page 45 of 100Town Council Page 51 of 201 Meeting Date: May 12, 2015 ATTACHMENT D Ordinance No. 2015-08 Town Council Minutes April 14, 2015 Page 46 of 100Town Council Page 52 of 201 Meeting Date: May 12, 2015 ORD 2015-08 1 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-08 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 95-20 ESTABLISHING PD PLANNED DEVELOPMENT #13, SUCH ORDINANCE HAVING BEEN SUBSEQUENTLY AMENDED BY ORDINANCE NO. 97-16 P&Z, BY ORDINANCE NO. 97-23 P&Z, BY ORDINANCE NO. 2001-09 P&Z, BY ORDINANCE NO. 2002-23 P&Z, BY ORDINANCE NO. 2006-15 P&Z, AND AMENDED BY ORDINANCE NO. 2010-28 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #13, IS HEREBY FURTHER AMENDING BY THIS ORDINANCE AMENDING EXHIBIT “C” DEVELOPMENT STANDARDS, TO ALLOW AN ADDITIONAL PERMITTED RETAIL USE FOR TRACT 1, TO ALLOW INDOOR CANINE RETAIL AND TRAINING AND PROVIDING A DEFINITION FOR THAT USE; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of Tract 1 of PD #13 (the “Land”), described as approximately 3.8 acres of land currently zoned PD Planned Development #13 for Retail Uses, such tract located generally at the northwest corner of the intersection of Trophy Club Drive and State Highway 114, filed an application with the Town Planning and Zoning Commission requesting an amendment to the PD, more specifically to allow a change in the terms of Exhibit “C” Development Standards, Section A(1)(b)(1) regulating a portion of the Land located in Planned Development #13, modifying the terms of the use of such portion of the Land as follows: to add a permitted use of “Indoor Canine Retail and Training”; and WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD #13 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and Town Council Minutes April 14, 2015 Page 47 of 100Town Council Page 53 of 201 Meeting Date: May 12, 2015 ORD 2015-08 2 WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance amending the Comprehensive Zoning Ordinance of the Town is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Ordinance No. 95-20 of the Town of Trophy Club, Texas, creating the Town's PD Planned Development #13 as amended by Ordinance No. 97-16 P&Z, by Ordinance No. 97-23 P&Z, by Ordinance No. 2001-09 P&Z, by Ordinance No. 2002-23 P&Z, by Ordinance No. 2006-15 P&Z, and as amended by Ordinance No. 2010-28 P&Z of the Town, is hereby further amended by this Ordinance amending Exhibit “C” Development Schedule, Section A(1)(b)(1), “Permitted Uses” in the following particulars as set forth below, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. Purpose; development standards, uses within individual tracts: This Planned Development is designed to accommodate a variety of retail commercial and commercial office uses. For development purposes, the Land is d ivided into four tracts (Tracts 1, 2, 3, and 4 as show on Exhibit “B” attached hereto (PD Site Plan)), and the use and development of each of the tracts shall be in accordance with the following: 1. Tract 1 (Retail uses, as depicted in Exhibit “B”): The following standards shall apply to Tract 1: (a) Size of tract: Tract 1 shall contain approximately 3.8 acres of land. (b) Uses generally: In the development and use of Tract 1, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: 1. Permitted Uses: … “(AA) Indoor Canine Retail and Training* * This use is defined as a retail establishment which sells canine related items and accessories and which also trains domesticated or tamed dogs, all within a Town Council Minutes April 14, 2015 Page 48 of 100Town Council Page 54 of 201 Meeting Date: May 12, 2015 ORD 2015-08 3 completely enclosed building. Training shall not include the training of any other animals, nor any “prohibited animal” as defined in the Town Code of Ordinances. The boarding and grooming of any animals is prohibited.” SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect.. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Town Council Minutes April 14, 2015 Page 49 of 100Town Council Page 55 of 201 Meeting Date: May 12, 2015 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish , the Caption , Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code . SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town . SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained . PASSED AND APPROVED by the Town Council of the Town of Trophy Club , Texas , this 14th day of April , 2015. ATIEST: Otty res , Townsecretary Town of Trophy Club , Texas APPROVED AS TO FORM : ~~~ Patricia A. Adams , Town Attorney Town of Trophy Club , Texas ORD 2015-08 C . Nick Sanders, Mayor Town of Trophy Club, Texas 4 Town Council Minutes April 14, 2015 Page 50 of 100Town Council Page 56 of 201 Meeting Date: May 12, 2015 ATTACHMENT E Zoom Room Presentation Town Council Minutes April 14, 2015 Page 51 of 100Town Council Page 57 of 201 Meeting Date: May 12, 2015 Town Council Minutes April 14, 2015 Page 52 of 100Town Council Page 58 of 201 Meeting Date: May 12, 2015 What is Zoom Room? Canine Specialty Retail Store Canine Training Center Indoor Dog Park Canine Social Club Canine Event Center Town Council Minutes April 14, 2015 Page 53 of 100Town Council Page 59 of 201 Meeting Date: May 12, 2015 Canine Specialty Retail Store Hand-picked, eco-friendly, solution-oriented dog training gear and other great products for dogs. All dog products we carry are Trainer Approved. Staff with incredible product knowledge to make personalized recommendations for you and your pet. Town Council Minutes April 14, 2015 Page 54 of 100Town Council Page 60 of 201 Meeting Date: May 12, 2015 Canine Training Center We don ’t train dogs. We train the people who love them. We utilize only positive dog training methods. Classes offered: Agility, Obedience, Puppy Classes, Tricks, Therapy Dog Training, Scent Discrimination, Shy Dog, Calm Down!, Urban Herding, Canine Cross-Training, Pup-lates® Town Council Minutes April 14, 2015 Page 55 of 100Town Council Page 61 of 201 Meeting Date: May 12, 2015 Indoor Dog Park Schedule a “Private Gym” session at times convenient to you as a safe and excellent alternative to the dog park. Enjoy our spotless, climate-controlled indoor play space created just for dogs and their loving owners. Access to a fully stocked toy chest, agility course, and free coffee! Come with your friends – up to 3 dogs per half-hour session. Enjoy a great chance to get in some off-leash exercise or play time with your dog, whatever the weather, or to practice your agility or other training. Town Council Minutes April 14, 2015 Page 56 of 100Town Council Page 62 of 201 Meeting Date: May 12, 2015 Canine Social Club Agility League Rescue Groups Meet-up Groups Town Council Minutes April 14, 2015 Page 57 of 100Town Council Page 63 of 201 Meeting Date: May 12, 2015 Canine Event Center Birthday Parties Holiday Parties Doggie Disco® Town Council Minutes April 14, 2015 Page 58 of 100Town Council Page 64 of 201 Meeting Date: May 12, 2015 What Zoom Room is NOT… A Doggie-Daycare Owners are required to be with their dog 100% of the time, and their visits are usually 60 minutes or less. A Dog Walking Service Training classes are conducted only inside the facility. A Boarding Facility No dogs are kept overnight. A Dog Groomer No grooming services or facilities are provided. A Breeding Facility Dogs are not bred or sold. A Veterinarian Although dog safety is of primary importance in our facilities and our trainers are certified in canine CPR and first aid, no medical or physical rehabilitation services are provided. Town Council Minutes April 14, 2015 Page 59 of 100Town Council Page 65 of 201 Meeting Date: May 12, 2015 Environmentally Friendly Use of as many eco-friendly pet products and materials as possible. -All natural treats and organic dog food. -Many of our toys and training aids are made from recycled materials. We adopt ecologically-responsible business practices to reduce our impact on the environment. -Our Gym floor is made from 100% recycled rubber tires. -We use low VOC (Volatile Organic Compound) paints. -We recycle materials and dog products as much as possible. -We donate un-wanted and gently used items to local dog shelters and charity organizations. We are a 100% positive-reinforcement dog training facility. -No choke chains, prong collars, or physically correction are used. -No “alpha dog” dominance techniques are used. Town Council Minutes April 14, 2015 Page 60 of 100Town Council Page 66 of 201 Meeting Date: May 12, 2015 Considerate Neighbors Safe and Clean -Zoom Room uses veterinary-grade cleaning products to sanitize our facility every night. -Every dog entering the facility is required to provide proof of vaccinations, and is screened for overall health and well-being. Noise Mitigation -Our facilities are equipped with high-quality sound proofing to protect neighbors from unwanted noise. -Nuisance barking is not tolerated within the facility. Repeat offenders will be removed from group classes and asked to attend private training only until the problem is remedied. Waste Mitigation -All clients will be encouraged to walk their pets at home prior to arrival at our facility. -Dogs are typically onsite for less than an hour. -The facility will be equipped with an “oops” station to ensure that accidental wastes are cleaned quickly, efficiently, and with veterinary-grade cleaning products. -Staff procedures will include routine surveillance of the immediate outside and parking facilities to ensure that any accidents are removed and cleaned. We have Happy Neighbors -Zoom Room has never received a single complaint about noise, smell, waste, or anything else! Town Council Minutes April 14, 2015 Page 61 of 100Town Council Page 67 of 201 Meeting Date: May 12, 2015 Zoom Room Accolades 1st Place nationwide in “Outstanding Pet Services” Award 2012-2013 (Pet Retailer of the Year award by Pet Product News) Featured in entrepreneur Magazine’s highly competitive 2013 Franchise 500. Featured in Fox Business News, the Wall Street Journal, and over 100 additional national and regional publications. Town Council Minutes April 14, 2015 Page 62 of 100Town Council Page 68 of 201 Meeting Date: May 12, 2015 Why Trophy Club? Excellent community atmosphere Strong, dog-loving presence Need for canine retail and training services Strong family-owned and small business support. Town Council Minutes April 14, 2015 Page 63 of 100Town Council Page 69 of 201 Meeting Date: May 12, 2015 ATTACHMENT F Proclamation No. 2015-07 Town Council Minutes April 14, 2015 Page 64 of 100Town Council Page 70 of 201 Meeting Date: May 12, 2015 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2015-07 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE MONTH OF MAY 2015 AS MOTORCYCLE SAFETY AND AWARENESS MONTH IN TROPHY CLUB IN CONJUNCTION WITH NATIONAL MOTORCYCLE SAFETY AND AWARENESS MONTH. WHEREAS, today 's society is finding more citizens involved in motorcycling on the roads of our country; and WHEREAS, motorcyclists are roughly unprotected and therefore more prone to injury or death in a crash than other vehicle drivers ; and WHEREAS, campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks, injuries, and, most of all , fatalities , through a comprehensive approach to motorcycle safety ; and WHEREAS, it is the responsibility of all who put themselves behind the wheel , to become aware of motorcyclists, regarding them with the same respect as any other vehicle traveling the highways of this country ; and it is the responsibility of riders and motorists alike to obey all traffic laws and safety rules ; and WHEREAS, urging all citizens of our community to becom~ aware of the inherent danger involved in operating a motorcycle, and for riders and motorists alike to give each other the mutual respect they deserve . NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: The month of May 2015 as National Motorcycle Safety and Awareness Month in the Town of Trophy Club to coincide with National Motorcycle Safety and Awareness Month . Further, I urge all residents to do their part to increase safety and awareness in our community . PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas , thi~~ C. Nick Sanders , Mayor Town of Trophy Club , Texas Holly Fi b s, Town Secretary Town of Trophy Club, Texas Town Council Minutes April 14, 2015 Page 65 of 100Town Council Page 71 of 201 Meeting Date: May 12, 2015 ATTACHMENT G Proclamation No. 2015-08 Town Council Minutes April 14, 2015 Page 66 of 100Town Council Page 72 of 201 Meeting Date: May 12, 2015 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2015-08 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE MONTH OF APRIL 2015 AS NATIONAL CHILD ABUSE AND NEGLECT PREVENTION MONTH IN TROPHY CLUB. WHEREAS, in Federal fiscal year 2013 , 52 States reported 678 ,932 victims of ch ild abuse or neglect ; and WHEREAS, ch ild abuse and neglect is a serious problem affecting every segment of our commun ity , and finding solutions requires input and action from everyone in our commun ity ; and WHEREAS, our children are our most valuable resources and will shape the future of the Town of Trophy Club , Texas ; and WHEREAS, child abuse can have long-term psychological , emotional , and physical effects that can have lifelong consequences for vict ims of abuse ; and WHEREAS, protective factors are conditions that reduce or eliminate risk and promote the social , emotional , and developmental well-being of children ; and WHEREAS, effective child abuse prevention activities succeed because of the meaningful connections and partnerships created between child welfare , education , health , community and fai t h based organizations , businesses and law enforcement agencies ; and WHEREAS, communities must make every effort to promote programs and act ivit ies that benefit children and their families ; and WHEREAS, we acknowledge that we must work together as a community to increase awareness about child abuse and contribute to promote the social and emotional well-being of children and families in a safe , stable , nurturing environment ; and WHEREAS, prevention remains the best defense for our children and families . NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM: The month of April 2015 as National Child Abuse and Neglect Prevention Month in the Town of Trophy Club . Further, I urge all citizens to recognize this month by dedicating ourselves to the task of improving the quality of life for all ch ildren and fam ilies . PASSED AND APPROVED by the Town Council of the Town of Trophy Club , Texas , this 14 1h day of April 2015 . ~ C. Nick Sanders , Mayor Town of Trophy Club , Texas Holly Fimbr s , Town Secretary Town of rophy Club , Texas Town Council Minutes April 14, 2015 Page 67 of 100Town Council Page 73 of 201 Meeting Date: May 12, 2015 ATTACHMENT H Municipal Mosquito Presentation Town Council Minutes April 14, 2015 Page 68 of 100Town Council Page 74 of 201 Meeting Date: May 12, 2015 Mosquito Management Patrick Prather Entomologist, President Town Council Minutes April 14, 2015 Page 69 of 100Town Council Page 75 of 201 Meeting Date: May 12, 2015 Municipal Mosquito Through cooperative effort with Trophy Club, we practice direct adult mosquito surveillance, aggressive larvaciding, and judicious adulticide applications as response to confirmed disease. Town Council Minutes April 14, 2015 Page 70 of 100Town Council Page 76 of 201 Meeting Date: May 12, 2015 The Biology of Control X Pupa Pupa Adult Eggs 1st Instar 2nd Instar 3rd Instar 4th Instar Mosquito lifecycle Larvicide control Adulticide control X X X X X X X Town Council Minutes April 14, 2015 Page 71 of 100Town Council Page 77 of 201 Meeting Date: May 12, 2015 Local Mosquitoes of Concern Town Council Minutes April 14, 2015 Page 72 of 100Town Council Page 78 of 201 Meeting Date: May 12, 2015 Mosquito Management Services Provided to Trophy Club •Weekly gravid trapping at fixed locations •real time RT-PCR disease testing - 24 hr results •Proactive larval inspection and treatments •Disease response treatments by various methods -Truck Mounted ULV -Gator Mounted ULV -Thermal Fogging -Backpack ULV / Misting Town Council Minutes April 14, 2015 Page 73 of 100Town Council Page 79 of 201 Meeting Date: May 12, 2015 Off Road UTV Fogging Town Council Minutes April 14, 2015 Page 74 of 100Town Council Page 80 of 201 Meeting Date: May 12, 2015 2015 Season Outlook •Early rains have “charged” breeding areas •Warm temperatures lead to early mosquito broods and early bird fledging activity •Adult surveillance is key to virus detection •Disease confirmation must be followed by disciplined response measures Town Council Minutes April 14, 2015 Page 75 of 100Town Council Page 81 of 201 Meeting Date: May 12, 2015 Website Town Council Minutes April 14, 2015 Page 76 of 100Town Council Page 82 of 201 Meeting Date: May 12, 2015 Questions ? Town Council Minutes April 14, 2015 Page 77 of 100Town Council Page 83 of 201 Meeting Date: May 12, 2015 ATTACHMENT I Capital and Facilities Planning Presentation Town Council Minutes April 14, 2015 Page 78 of 100Town Council Page 84 of 201 Meeting Date: May 12, 2015 CAPITAL & FACILITIES PLANNING Town Council Minutes April 14, 2015 Page 79 of 100Town Council Page 85 of 201 Meeting Date: May 12, 2015 Why are we here? •Discuss CIP funding plan and debt service •Joint Facility funding •Direction for CIP projects •Utilization of Hotel Occupancy Funds Town Council Minutes April 14, 2015 Page 80 of 100Town Council Page 86 of 201 Meeting Date: May 12, 2015 Fiscal Year 2015 Refunding of the 2007 General Obligation Bonds approximately $2.4 Million Equates to approximately$140,000 of Net Present Value Savings Would allow the Town to make a large payment in September of 2016 Allows the Town to keep I&S rate constant at $0.11 Protects future debt capacity I&S Rate Debt Capacity Town Council Minutes April 14, 2015 Page 81 of 100Town Council Page 87 of 201 Meeting Date: May 12, 2015 Fiscal Year 2016 GO Bond Election in November If bond election passes for joint facility the debt would be issued early 2016 Could issue up to a Total of $9.5 Million in capital projects Estimates that the Town’s ad valorem debt service tax rate would increase by approximately $0.00 per $100 of assessed valuation Payment to begin in March 2017 Remain under $10 Million for Bank Qualified Tax Rate stays at $0.49 $0.38 M&O $0.11 I&S Growth forecast at 10% Town Council Minutes April 14, 2015 Page 82 of 100Town Council Page 88 of 201 Meeting Date: May 12, 2015 Fiscal Year 2017 Additional $2.5M Debt Capacity (minimum) First payment in 2018 How do we accomplish? Tax Rate stays at $0.49 $0.3750 M&O $0.1150 I&S $75K contribution from CCPD Declining debt service annual payment from FY16 to FY17 Growth forecast at 8% Does not include available I&S Fund Balance Town Council Minutes April 14, 2015 Page 83 of 100Town Council Page 89 of 201 Meeting Date: May 12, 2015 CIP Planning FY15: Refund 2007 GO Bonds FY16: Issue Debt & Construct new Town Hall/Police Department Facility January 2016 Issue Debt for FY17 Street Projects or other CIP Summer 2016 Maximum $9.5M (Bank Qualified purposes) FY17: Issue Debt for FY18 Street Projects or other CIP Summer 2017 Minimum $2.5M available FY18 – FY22: Debt capacity stays level Contingent upon growth valuation factors Summer FY22 could issue approximately $3M Town Council Minutes April 14, 2015 Page 84 of 100Town Council Page 90 of 201 Meeting Date: May 12, 2015 CIP Planning Town Hall/Police Facility Arterial Roads – Request DENCO assistance Indian Creek: Meadowbrook to Harmony Park TC Drive: Southbound lanes Bobcat to Durango Trophy Lake Dr: Village Trail to Hwy 114 TC Drive: Meadow Creek to Roundabout (Marshall Creek Bridge/Culverts included) Street Reconstructions: Phoenix Drive Troon Court Drive Murfield Court Woodlands Court Portland Drive Entryway Monumentation Town Council Minutes April 14, 2015 Page 85 of 100Town Council Page 91 of 201 Meeting Date: May 12, 2015 Civic Center & Hotel Fund Current Revenue Estimate = $240K/Year Estimated FY15 Fund Balance = $470K Future Hotels: Holiday Inn – December 2015 Homewood Suites – Summer 2016 Future Revenue Estimate by FY17 = $439K/Year Town Council Minutes April 14, 2015 Page 86 of 100Town Council Page 92 of 201 Meeting Date: May 12, 2015 Civic Center & Hotel Fund Based Upon Current Revenue Estimates: Issue $3 – 4M for Facility Service part of $2.5M 2014 CO for the land beginning in FY18 Would increase General Fund I&S Debt Capacity Remaining Funds for operations and maintenance Town Council Minutes April 14, 2015 Page 87 of 100Town Council Page 93 of 201 Meeting Date: May 12, 2015 HOT Fund Allowable Uses General promotion of the tourism industry Visitors Information center Convention/civic center A center primarily used to host conventions and meetings Small fitness area for hotel guests and residents Maintenance and operating expenditures of the facility Promotion of the arts Historic museum Meeting space Plaza area, sidewalks, landscape, and parking Town Council Minutes April 14, 2015 Page 88 of 100Town Council Page 94 of 201 Meeting Date: May 12, 2015 Decision Points 2007 GO Bond Refunding Total Town Hall/Police Department Budget Inclusive of FFE, Engineering, capital facility budget, etc Excess Funds from $2.5M CO Utilize to purchase additional adjourning land Maximum flexibility for facility layout Civic Center could be co-located Pay proportionate share with HOT Funds $300K remaining to be repurposed towards Town Hall/Police Department Bond Council Recommendation I&S Rate @ $0.1150 beginning in FY17 CIP planning and project schedule Civic Center Town Council Minutes April 14, 2015 Page 89 of 100Town Council Page 95 of 201 Meeting Date: May 12, 2015 ATTACHMENT J Ordinance No. 2015-07 Town Council Minutes April 14, 2015 Page 90 of 100Town Council Page 96 of 201 Meeting Date: May 12, 2015 ORD 2015-07 Page 1 of 5 TOWN OF TROPHY CLUB ORDINANCE NO. 2015-07 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2014-2015 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS (BUDGET AMENDMENT NO. 1); PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO APPROPRIATE FUNDS RELATED TO CHANGES TO EQUIPMENT, SERVICES AND SUPPLIES FOR VARIOUS DEPARTMENTS, CAPITAL OUTLAY AND REVENUES NOT INCLUDED IN THE ORIGINAL BUDGET, BUYOUT OF SOFTWARE AND HARDWARE FROM MUD1, AND PERSONNEL CHANGES; PROVIDING FOR AN AMENDMENT TO ELIMINATE A BUDGETED TRANSFER OF FUNDS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2014-2015 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council did not appropriate funds for expenditures associated with Crosswalk Flashers, Laserfiche, a Hosted Email Exchange, additional Video Storage for Police, a Hardware and Software Buyout from the Municipal Utility District, personnel changes in the Town Manager’s office, a, Radios from the Crime Control and Prevention District, and Mosquito Abatement from the Drainage fund; and WHEREAS, the omitted expenditures have been effectively offset by savings due to turnover in various departments, savings from changes to the Town’s retirement plan, no May election, lower than anticipated fuel prices, additional revenue associated with Developer’s Fees, PID Reimbursements, and Sales Tax that have , in total, resulted in no net effect to the General Fund; and WHEREAS, this amendment appropriates $101,140 in the General Fund for total expenditures related to a various services and items and recognizes revenue, less transfers, of $101,140; and WHEREAS, in that Budget, the Town Council appropriated a transfer of funds from the Economic Development Corporation 4B (EDC 4B) to the General Fund; and WHEREAS, the transfer of funds is not necessary as the position the transfer was designed to support was eliminated; and WHEREAS, this amendment eliminates a transfer of $65,670 from the EDC 4B to the General Fund thereby decreasing outlays of the EDC 4B; and Town Council Minutes April 14, 2015 Page 91 of 100Town Council Page 97 of 201 Meeting Date: May 12, 2015 ORD 2015-07 Page 2 of 5 WHEREAS, on March 18th, 2015, the CCPD approved an amendment to appropriate excess funds to purchase radios in the amount of $60,500; and WHEREAS, this amendment reappropriates $17,200 in the Drainage Fund from Engineering to Professional Outside Services related to mosquito abateme nt; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit “A”, will serve the public interest and is necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2014-2015 Budget is hereby amended to fund the line items as stated in Exhibit “A”, a copy of which is attached hereto and incorporated herein. This Amendment No. 1 (Exhibit “A”) to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2014-2015 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the first amendment that has occurred since the October 1, 2014 effective date of the Town’s Fiscal Year 2014-2015 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2014-2015 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Town Council Minutes April 14, 2015 Page 92 of 100Town Council Page 98 of 201 Meeting Date: May 12, 2015 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction , such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club , Texas, this the 141h day of April , 2015 . ATIEST: Holly Fi b s, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM : ~u~ Patricia A. Adams, Town Attorney Town of Trophy Club , Texas ORD 2015-07 Mayor, Nick Sanders Town of Trophy Club, Texas Page 3 of 5 Town Council Minutes April 14, 2015 Page 93 of 100Town Council Page 99 of 201 Meeting Date: May 12, 2015 ORD 2015-07 Page 4 of 5 Exhibit “A” Town of Trophy Club Budget Amendment No. 1 There is no net effect on the Fiscal Year 2014-2015 General Fund and Drainage Fund budget as a result of the proposed budget amendment. The Fiscal Year 2014-2015 CCPD Budget increase specified below is a result of the appropriation of prior year fund balance to purchase radios. The EDC 4-B Budget decrease specified below is a result of the elimination of a transfer to the General Fund to fund a position that was eliminated subsequent to the adoption of the Fiscal Year 2015 budget. Line Item Department Current Budget Amendment Amended Budget Capital Outlay CCPD 47,179 60,500 107,679 Line Item Department Current Budget Amendment Amended Budget Professional Outside Services Drainage 0 17,200 17,200 Engineering Drainage 100,000 (17,200) 82,800 Line Item Department Current Budget Amendment Amended Budget Transfer to General Fund EDC 4-B 155,634 (65,670) 89,964 EDC 4-B Drainage CCPD Town Council Minutes April 14, 2015 Page 94 of 100Town Council Page 100 of 201 Meeting Date: May 12, 2015 ORD 2015-07 Page 5 of 5 Line Item Department Current Budget Amendment Amended Budget Salaries Manager's Office 523,682 150,000 673,682 Retirement Manager's Office 115,002 15,000 130,002 Social Security Taxes Manager's Office 29,400 2,000 31,400 Medicare Taxes Manager's Office 7,686 2,000 9,686 Auto Allowance Manager's Office 12,000 (4,360)7,640 Intergovernmental Transfer EDC Revenue (155,634) 65,670 (89,964) Developer's Fees Revenue (30,000) (105,000) (135,000) Retirement Police 217,589 (40,000) 177,589 Retirement Legal 28,203 (5,000) 23,203 Retirement Streets 26,229 (5,000) 21,229 Retirement Parks 76,589 (12,500) 64,089 Retirement Medians 17,469 (3,000) 14,469 Retirement Recreation 23,140 (3,500) 19,640 Retirement CD 51,888 (10,000) 41,888 Retirement EMS 91,367 (14,000) 77,367 Retirement Finance 32,338 (10,000) 22,338 Retirement Court 8,714 (1,000)7,714 Retirement HR 8,882 (2,000)6,882 Retirement IT 24,068 (4,500) 19,568 Salaries Police 1,249,755 (60,000) 1,189,755 Overtime Police 46,324 25,000 71,324 Holiday Police 25,080 (5,000) 20,080 Medical Insurance Police 127,636 (15,000) 112,636 Medical Insurance Finance 23,861 (8,000) 15,861 PID Reimbursement Revenue (8,000) (40,000) (48,000) Hardware IT 16,623 25,000 41,623 Software & Support IT 147,602 68,500 216,102 Capital Streets 0 55,000 55,000 Sales Tax Revenue (654,543) (21,810) (676,353) Elections Manager's Office 24,000 (13,500) 10,500 Salaries Streets 148,225 (5,000) 143,225 Fuel Police 58,995 (10,000) 48,995 Fuel Parks 17,013 (5,000) 12,013 Fuel Medians 5,447 (5,000)447 General Fund Town Council Minutes April 14, 2015 Page 95 of 100Town Council Page 101 of 201 Meeting Date: May 12, 2015 ATTACHMENT K Ordinance No. 2015-06 Town Council Minutes April 14, 2015 Page 96 of 100Town Council Page 102 of 201 Meeting Date: May 12, 2015 ORD 2015-06 1 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-06 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE III, ENTITLED “TAX ON TELECOMMUNICATIONS SERVICES” TO CHAPTER 15, ENTITLED “TAXATION”, TO REPEAL THE SALES TAX EXEMPTION ON TELECOMMUNICATIONS SERVICES SOLD WITHIN THE BOUNDARIES OF THE TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT (SUCH BOUNDARIES BEING THE SAME BOUNDARIES AS THAT OF THE CORPORATE TERRITORY OF THE TOWN) AND THEREBY LEVYING A TAX ON THOSE SERVICES AT THE MAXIMUM RATE AUTHORIZED BY LAW FOR ALL OTHER LOCAL SALES AND USE TAXES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF ARTICLE III TO CHAPTER 15 REPEALING THE EXEMPTION AND LEVYING A TAX ON TELECOMMUNICATIONS SERVICES; PROVIDING FOR THE LEVY OF THE TAX AND THE RATE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR NOTIFICATION TO THE STATE COMPTROLLER; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 321.210 of the Texas Tax Code provides that telecommunications services are subject to the state sales tax, but are exempt from all local sales taxes; and WHEREAS, Section 322.109 of the Texas Tax Code also provides that a local government may repeal that exemption from local sales tax by ordinance; and WHEREAS, the Town of Trophy Club had previously repealed the telecommunications services tax exemption within the Town in 1989; however, with recent elections reallocating sales tax within the Town from the Economic Development Corporation 4B to the Trophy Club Crime Control and Prevention District (hereinafter “CCPD”), the sales tax exemption for telecommunications services is currently in effect for telecommunications services within the boundaries of the Crime Control and Prevention District (such boundaries being the same boundaries as the corporate territory of the Town); and WHEREAS, on August 28, 2014, the Crime Control Prevention District Directors considered the current sales tax exemption and determined that it would be beneficial to the objectives of the CCPD to recommend the repeal of the telecommunications Town Council Minutes April 14, 2015 Page 97 of 100Town Council Page 103 of 201 Meeting Date: May 12, 2015 ORD 2015-06 2 services sales tax exemption within the boundaries of the CCPD and to levy a sales and use tax on those services; and WHEREAS, the CCPD does not have the authority to adopt an ordinance and has therefore requested that the Trophy Club Town Council approve the repeal of sales tax exemption on telecommunications to provide additional revenues to the CCPD; and WHEREAS, the Town Council has considered the recommendation of the CCPD and has determined that the best interests of the Town and of the CCPD would be served by adopting this ordinance repealing the telecommunications sales and use tax exemption within the boundaries of the CCPD and levying a tax at the rate lawfully imposed for all other local sales and use taxes as authorized by the legislature of the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Chapter 15 of the Code of Ordinances of the Town of Trophy Club, entitled “Taxation” is hereby amended to add Article III, entitled “Tax on Telecommunications Services”, so that Article III shall be and read in its entirety as follows: Article III. Tax on Telecommunications Services. 3.01 Telecommunications Tax Levied / Rate. A local sales and use tax is hereby authorized on all telecommunications services sold within the boundaries of the Trophy Club Crime Control and Prevention District. For purpose of this Article, the sale of telecommunications services is consummated at the location of the telephone or other telecommunications device from which the call or other communication originates. If the point of origin cannot be determined, the sale is consummated at the address to which the call or other communication is billed. The rate of the sales and use tax imposed by this Article shall be the same as that rate lawfully imposed by the Trophy Club Crime Control and Prevention District for all other local sales and use taxes as authorized by the legislature of the State of Texas, and the statutory exemption for sales and use tax on telecommunications is hereby repealed. Town Council Minutes April 14, 2015 Page 98 of 100Town Council Page 104 of 201 Meeting Date: May 12, 2015 ORD 2015-06 3 SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting sales and use tax and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. COMPTROLLER NOTIFICATION The Strategic Services Coordinator shall forward to the Comptroller of the State of Texas by email a signed copy of this ordinance. The sales and use tax shall be levied by the Comptroller in accordance with state law. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Town Council Minutes April 14, 2015 Page 99 of 100Town Council Page 105 of 201 Meeting Date: May 12, 2015 SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 141h day of April, 2015. ATIEST: Town Seer tary, Holly Fimbres Town of ophy Club, Texas [SEAL] ~~ own Attorney, Patricia A. Adams Town of Trophy Club , Texas ORD 2015-06 ~ Mayor, C. Nick Sanders Town of Trophy Club, Texas [SEAL] 4 Town Council Minutes April 14, 2015 Page 100 of 100Town Council Page 106 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0325-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Consider and take appropriate action to authorize the Town Manager to execute the Bill of Sale and Assignment on the five pieces of Water and Waste Water Infrastructure as specified in the Bill of Sale and Assignment presented at the April 28, 2015 Joint Session with the TCMUD No. 1. Attachments:Bill of Sale and Assignment.pdf Action ByDate Action ResultVer. Consider and take appropriate action to authorize the Town Manager to execute the Bill of Sale and Assignment on the five pieces of Water and Waste Water Infrastructure as specified in the Bill of Sale and Assignment presented at the April 28, 2015 Joint Session with the TCMUD No. 1. Town Council Page 107 of 201 Meeting Date: May 12, 2015 BILL OF SALE AND ASSIGNMENT Date: _________________, 2015 Grantor: Town of Trophy Club, Texas Grantor's Mailing Address (including county): 100 Municipal Drive Trophy Club, TX 76262 Denton County Grantee: Trophy Club Municipal Utility District No. 1 Grantee's Mailing Address (including county): 100 Municipal Drive Trophy Club, TX 76262 Denton County Consideration: Ten Dollars ($10.00) and other good and valuable consideration in hand paid by Grantee. Facilities: See Exhibit “A” attached hereto. Grantor, for the consideration herein expressed, sells, assigns, and transfers to Grantee the Facilities as described on Exhibit “A”. Grantor agrees to hereafter cooperate with Grantee, take such actions and execute such other specific documents as may be necessary or appropriate to accomplish the transfers contemplated in the Agreement and this document. When the context requires, singular nouns and pronouns include the plural. References to defined terms shall refer to those terms as defined in the Agreement. Executed effective February 3, 2015. GRANTOR: Town of Trophy Club By: Printed Name: Stephen Seidel____________ Title: ____Town Manager_______________ Date: ______________, 2015____________ GRANTEE: Trophy Club Municipal Utility District No. 1 By: Printed Name: Jennifer McKnight Title: General Manager Date: ___________ __, 2015_____________ Town Council Page 108 of 201 Meeting Date: May 12, 2015 EXHIBIT A Description of Facilities Development Water System Improvements Wastewater System Improvements Waters Edge @ Hogans Glen 2B-1 $ 28,679.71 $ 31,831.66 Waters Edge @ Hogans Glen 2B-2 $ 36,886.18 $ 28,980.11 Canterbury Hills PH IA $ 128,452.94 $ 80,365.33 Canterbury Hills PH 1B $ 224,811.50 $ 205,286.00 Canterbury Hills PH 2 $ 151,600.00 $ 136,355.25 Town Council Page 109 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0314-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 20, 2015 as Blast Off Besties Day in Trophy Club. Attachments:PRO 2015-10 Blast Off Besties Day.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 20, 2015 as Blast Off Besties Day in Trophy Club. Town Council Page 110 of 201 Meeting Date: May 12, 2015 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2015-10 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE DAY OF MAY 20, 2015 AS BLAST OFF BESTIES DAY IN TROPHY CLUB. WHEREAS, Destination Imagination is the world’s largest competition and celebration of creativity; and WHEREAS, the Destination Imagination program requires teams to use imagination and innovation in a collaborative problem solving process and then showcase their solutions and talent at a tournament; and WHEREAS, the Destination Imagination teams compete in both a Performance Challenge and an Instant Challenge; and WHEREAS, the Samuel Beck Elementary 5th grade team, the Blast Off Besties, consists of Rae Beaulieu, Bryn Bates, Reagan Harris, Kenzie Jantz, and Grace Roberts and Team Manager Ursula Roberts; and WHEREAS, the Blast Off Besties team competed in the Greater Fort Worth Regional Tournament with over 200 other teams and qualified them to be invited to the State Tournament; and WHEREAS, the Blast Off Besties team competed in the State Tournament with over 300 other teams from across all of Texas and qualified them to be invited to Global Finals; and WHEREAS, Global Finals will be held May 20th through May 23rd with over 2,000 other teams from 48 states and 30 countries at the World Championships of Destination Imagination. NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM MAY 20, 2015 AS: BLAST OFF BESTIES DAY PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 12th day of May 2015. _______________________________ ________________________________ C. Nick Sanders, Mayor Holly Fimbres, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 111 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0315-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 20, 2015 as Spectacular 7 Day in Trophy Club. Attachments:PRO 2015-11 Spectacular 7 Day.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 20, 2015 as Spectacular 7 Day in Trophy Club. Town Council Page 112 of 201 Meeting Date: May 12, 2015 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2015-11 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE DAY OF MAY 20, 2015 AS SPECTACULAR 7 DAY IN TROPHY CLUB. WHEREAS, Destination Imagination is the world’s largest competition and celebration of creativity; and WHEREAS, the Destination Imagination program requires teams to use imagination and innovation in a collaborative problem solving process and then showcase their solutions and talent at a tournament; and WHEREAS, the Destination Imagination teams compete in both a Performance Challenge and an Instant Challenge; and WHEREAS, the Lakeview Elementary 4th grade team, the Spectacular 7, consists of Gwen Baxter, Andrew Golden, Reagan Ellis, Ian Hill, Daemon Cortez, Dylan Ward, and Ryder Fine and Team Coach Laurie Baxter; and WHEREAS, the Spectacular 7 team competed in the Greater Fort Worth Regional Tournament with over 200 other teams and were qualified to be invited to the State Tournament; and WHEREAS, the Spectacular 7 team competed in the State Tournament with over 300 other teams from across all of Texas and were qualified them to be invited to Global Finals; and WHEREAS, Global Finals will be held May 20th through May 23rd with over 2,000 other teams from 48 states and 30 countries at the World Championships of Destination Imagination. NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM MAY 20, 2015 AS: SPECTACULAR 7 DAY PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 12th day of May 2015. _______________________________ ________________________________ C. Nick Sanders, Mayor Holly Fimbres, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 113 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0334-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/9/2015 Parks and Recreation Board On agenda:Final action:5/12/2015 Title:Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 10 -16, 2015 as National Police Week in Trophy Club in conjunction with National Police Week and May 15, 2015 as National Peace Officers Memorial Day in Trophy Club. Attachments:PRO 2015-12 National Police Week.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 10-16, 2015 as National Police Week in Trophy Club in conjunction with National Police Week and May 15, 2015 as National Peace Officers Memorial Day in Trophy Club. Town Council Page 114 of 201 Meeting Date: May 12, 2015 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2015-12 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 10 – 16, 2015 AS POLICE WEEK IN TROPHY CLUB IN CONJUNCTION WITH NATIONAL POLICE WEEK AND MAY 15, 2015 AS NATIONAL PEACE OFFICERS MEMORIAL DAY IN TROPHY CLUB. WHEREAS, The Congress and President of the United States have designated May 10 – 16, 2015 as National Police week to honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy; and WHEREAS, are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the law enforcement agency of the Town of Trophy Club, Texas who play an essential role in safeguarding the rights and freedoms of the Town of Trophy Club, Texas; and WHEREAS, nearly 60,000 assaults against law enforcement officers are reported each year, resulting in approximately 16,000 injuries; WHEREAS, since the first recorded death in 1791, almost 20,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty, WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; WHEREAS, new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 117 officers killed in 2014 and 156 officers killed in previous years; WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund’s 27th Annual Candlelight Vigil, on the evening of May 13, 2015; WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this year, May 10-16, 2015; WHEREAS, May 15, 2015 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at half staff; WHEREAS, the members of the law enforcement agency of Town of Trophy Club, Texas unceasingly provide a vital public service; NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM and call upon all citizens of the Town of Trophy Club, Texas and upon all patriotic, civic and educational organizations to observe the week of May 10 – 16, 2015 as NATIONAL POLICE WEEK in the Town of Trophy Club, and publicly salutes the service of law enforcement officers in our community and in communities across the nation. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 12th day of May 2015. _______________________________ ________________________________ C. Nick Sanders, Mayor Holly Fimbres, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 115 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0317-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Oath of Office to be administered by Municipal Court Judge Chambers, and presentation of Certificates of Election from Judge Chambers to Council Member Rowe and Council Member Kurtz. Attachments:Oath of Office - Sample.pdf Statement of Appointed Officer - Sample.pdf Certificate of Election - Sample.pdf Action ByDate Action ResultVer. Oath of Office to be administered by Municipal Court Judge Chambers, and presentation of Certificates of Election from Judge Chambers to Council Member Rowe and Council Member Kurtz. Town Council Page 116 of 201 Meeting Date: May 12, 2015 OATH OF OFFICE In the name and by the authority of THE STATE OF TEXAS I, (insert elected officials name) do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Town Council Place (insert place number), of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and the laws of the United States and of this State, so help me God. ______________________________________ (insert elected officials name) SWORN TO AND SUBSCRIBED before my by affiant on this 12th day of May, 2015. ______________________________________ Mark D. Chambers, Municipal Court Judge Town Council Page 117 of 201 Meeting Date: May 12, 2015 STATEMENT OF APPOINTED OFFICER (Pursuant to Texas Constitution Article XVI, sec. 1 (c), amended 2001) I, (insert elected officials name) do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or confirmation thereof, so help me God. ______________________________________ (insert elected officials name) SWORN TO AND SUBSCRIBED before me by affiant on this 12th day of May, 2015. ______________________________________ Mark D. Chambers, Municipal Court Judge Town Council Page 118 of 201 Meeting Date: May 12, 2015 CERTIFICATE OF ELECTION IN THE NAME AND BY THE AUTHORITY OF TOWN OF TROPHY CLUB, TEXAS THIS IS TO CERTIFY THAT (insert elected officials name) WAS DULY ELECTED (insert elected officials title) IN TESTIMONY WHEREOF, I HAVE HEREUNTO SIGNED MY NAME AND CAUSED THE SEAL OF TROPHY CLUB, TEXAS TO BE AFFIXED, THIS THE 12th DAY OF MAY 2015. _________________________________________ Signature of Presiding Officer of Canvassing Authority Town Council Page 119 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0318-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Remarks to and from incoming Council Members. Attachments: Action ByDate Action ResultVer. Remarks to and from incoming Council Members. Town Council Page 120 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0316-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Receive an update from Jeannette Tiffany regarding July 4th festivities; discussion of same. Attachments: Action ByDate Action ResultVer. Receive an update from Jeannette Tiffany regarding July 4th festivities; discussion of same. Town Council Page 121 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0319-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and TCR Youth Baseball Association commencing in January 2016, and authorizing the Mayor or his designee to execute all necessary documents. Attachments:Staff Report - TCR Youth Baseball Agreement - .pdf Redlined 2014 Non-Exclusive Use Agreement.pdf Draft 2016 Non-Exlusive Use Agreement.pdf Map of Independence East identified facilities.pdf Map of Independence West identified facilities.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and TCR Youth Baseball Association commencing in January 2016, and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 122 of 201 Meeting Date: May 12, 2015 Page 1 of 1 To: Mayor and Town Council From: Adam Adams CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Town Council Meeting, Tuesday, May 12, 2015 Agenda Item: Consider and take appropriate action regarding a Non-Exclusive Use Agreement between the Town and TCR Youth Baseball Association commencing in January 2016, and authorizing the Mayor or his designee to execute all necessary documents. Explanation: The proposed agreement represents the input from a sports sub-committee, the Parks and Recreation Board and the continued direction of the Town Council. The agreement defines the roles and responsibilities of both the Town of Trophy Club and TCR Youth Baseball Association regarding the use of both the Independence East and West baseball fields and supporting structures. The proposed agreement adds the following additional requirements to the existing agreement: 1. Requires that Trophy Club and Roanoke residents are allowed to register prior to users from other areas. 2. Includes language establishing field usage capacity 3. Provides for greater control in the operation and closure of the Town’s fields 4. Eliminates select tournament provisions 5. Allows the Town the ability to expand its current kickball league if desired Attachments:  Redlined 2014 Non-Exclusive Use Agreement  Draft 2016 Non-Exclusive Use Agreement  Map of Independence East identified facilities  Map of Independence West identified facilities Recommendation: Staff recommends the passage of this agreement. The document incorporates all the changes suggested by Council at their April 14, 2015 meeting. Town Council Page 123 of 201 Meeting Date: May 12, 2015 THE STATE OF TEXAS § § COUNTY OF DENTON § NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND THE TCR YOUTH BASEBALL ASSOCIATION THIS NON-EXCLUSIVE USE AGREEMENT is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as “TOWN”), acting by and through its Mayor or designee, and the TCR Youth Baseball Association (hereinafter referred to as “TCRYBA”), acting by and through the President its Board of Directors, or designee, (hereinafter “Agreement”). WITNESSETH: WHEREAS, the TOWN owns and maintains TOWN parks and sports facilities on Independence (hereinafter “Independence Park”); and WHEREAS, the TCRYBA is comprised of various youth baseball teams for baseball play; and WHEREAS, the TCRYBA desires to use the TOWN parks and facilities as specifically identified herein below; and WHEREAS, maintenance and upkeep obligations shall be shared by Town and TCRYBA as expressly set forth in this Agreement; and WHEREAS, TCRYBA and TOWN agree that it serves their best interests to work with TOWN; and WHEREAS, TCRYBA and TOWN agree that the properties and facilities identified herein shall be used by TCRYBA solely for the purpose of providing baseball use for the members of the TCRYBA; and WHEREAS, the parties agree that this Agreement supersedes any and all prior written and/or oral agreements for use of Independence Park, and by execution of this Agreement, the parties agree and intend that this Agreement shall exclusively govern TCRYBA’s use of Independence Park. NOW THEREFORE, FOR AND IN CONSIDERATION of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, TOWN and TCRYBA do hereby agree as follows: Town Council Page 124 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 2 of 14 I. INCORPORATION OF PREMISES / TERM 1.01 Incorporation of Premises. The foregoing premises to this Agreement are incorporated herein for all purposes as if set out herein verbatim. 1.02 Term. The term of this Agreement shall commence on January 1, 2015 2016 and shall end on June 30December 31, 20152016, unless otherwise terminated as provided herein. After the initial term has expired, this contract will automatically renew for one (1)three (3) additional term terms of six (6) monthsone (1) year each, provided that such renewal is not contested by either party within ninety (90) days of the contract’s expiration date. II. INDEPENDENCE PARK / CONSIDERATION 2.01 Independence Park. TOWN, under the terms and conditions provided herein, shall allow TCRYBA the non-exclusive use of Independence Park and facilities within the parks as specifically identified in Exhibit “A”, a copy of which is attached hereto and incorporated herein, for athletic and sporting events, to wit, baseball events. 2.02 Consideration. In addition to the fees otherwise provided herein, for the Spring, 2015 Season and the Fall 2015 Season (defined below), TCRYBA shall assess and collect a fee for each child who does not live within the corporate limits of the Town of Trophy Club or the City of Roanoke. Such fee shall be twenty dollars ($20.00) per child for each child who enrolls in the recreation division of the TCRYBA baseball program and thirty dollars ($30.00) per child for each child who enrolls in the select division of the TCRYBA baseball program. No later than the twenty-first (21st) day after the commencement of regular season game play for the Spring 2015 Season and for the Fall 2015 Season, TCRYBA shall remit to Town all such fees collected and shall provide the written report required by Section 12.02 of this Agreement. In further consideration for the use of Independence Park, TCRYBA hereby agrees to provide a proposed use schedule (which specifically identifies complexes and fields to be used) to the TOWN at least seven (7) days before the commencement of each seasonal practice schedule and at least fifteen (15) days prior to each regular season game schedule. In the event of changes in the game and or practice schedule, TCRYBA shall provide TOWN with a written notice at least seventy-two (72) hours prior to the proposed change. Acceptance of the proposed changes shall be within the sole discretion of the Town; provided however, that acceptance shall not be unreasonably withheld. Town Council Page 125 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 3 of 14 III. USE SCHEDULING/REGISTRATION 3.01 Regular Season. The “Spring 2015 Season” shall run from the –first week of February 2015 through the fourth week of June 2015 and the “Fall 2015 Season” shall run from the second week of August 2015 through the fourth week of November 2015, and shall include tryouts, all practice and league games, tournaments and make-up games. 3.02 Tournament Rates. Upon thirty (30) days written notice and approval of proposed scheduling by TOWN, TCRYBA shall be allowed to schedule one(1)the Recreation All-Star Tournament for no cost during the Spring Season. tournament during the Fall 2015 Season for a payment of Two Thousand Dollars ($2,000) and two (2) tournaments during the Spring 2015 season for a payment of Two Thousand Dollars ($2,000) per tournament. Each tournament shall last no longer than five (5) consecutive days, subject to extension due to inclement weather. TCRYBA shall remit payment to Town on or before the eighth (8th) day following the last day of each such tournament. For any additional tournaments during the Fall 2015 Season and/or the Spring 2015 Season, TCRYBA shall pay tournament fees as outlined in the applicable Schedule of Fees adopted by TOWN. 3.03 Scheduling. TOWN and TCRYBA agree that scheduling of additional games and practices on dates not contained in the TOWN approved schedule shall not be permitted unless these additional times are mutually agreed to in writing by the TOWN and TCRYBA, and if allowed, there shall be no additional cost to TCRYBA. Use of Independence Park shall be limited to the sports games and contests scheduled by TCRYBA, and TCRYBA shall provide written notice of scheduling to the Parks and Recreation Department in accordance with the time frames set forth in this Agreement. TCRYBA shall provide one point of contact for all scheduling of Independence Park. No TCRYBA tournaments and/or use of Independence Park by TCYRBA, other than that expressly provided for under a TOWN approved schedule, shall be allowed by the TOWN. Weather days, rain days, or suspension of play may require rescheduling of events. TCRYBA shall provide written notice of such rescheduling requests to the Parks and Recreation Department at least seventy-two (72) hours in advance of the proposed schedule change. TCRYBA The TOWN shall designate one (1) day per week on which it TCRYBA will not be allowed to use Independence Park for either practice or games. The proposed day shall be submitted to the TOWN TCRYBA thirty (30) days prior to the commencement of regular season practice for both the Spring 2015 Season and for the Fall 2015 Season, . and TOWN shall have exclusive authority to accept such designation or to designate a different day. . Town Council Page 126 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 4 of 14 3.04 Registration. During the registration period for both the Spring Season and the Fall Season, TCRYBA shall provide priority registration for residents of the Town of Trophy Club and the City of Roanoke by establishing a period of time at the commencement of the registration period when only residents of Trophy Club and residents of Roanoke may register for the season. At the end of the priority registration period, registration shall also be opened to residents of other communities. Additionally, in order for the TOWN to control field usage and to establish capacity limits for field usage, TCRYBA shall restrict the maximum number of participants allowed to register based upon the maximum number of weekly practice slots available. Town Council Page 127 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 5 of 14 IV. MAINTENANCE RESPONSIBILITIES 4.01 TOWN Maintenance Responsibilities. TOWN shall be responsible for all routine maintenance of Independence Park, including the following: 1. watering; 2. mowing; 3. over seeding (as needed) 4. fertilization; 5. aerification; 6. top-dressing; 7. striping of the game fields, for league scheduled games & tournaments; 8. concession stand; 9. restrooms; 10. lighting; 11. irrigation; 12. turf management; and 13. other similar maintenance items 4.02 Repairs. TOWN shall have the sole discretion to determine nature and timing of repairs and shall have the sole duty and responsibility for making repairs to all permanent improvements owned by the TOWN such as fencing, buildings, lighting, or other permanent structural improvements upon Independence Park. 4.03 TOWN Alterations. TOWN shall be permitted and shall have the right to make, at its own expense, all alterations or additions to all or any portion of Independence Parkas the TOWN determines appropriate in its sole discretion, notwithstanding any conflicting provision of this Agreement. 4.04 TCRYBA Maintenance and Other Responsibilities: TCRYBA shall be responsible for the following: A. Maintenance and Improvements Generally. Maintenance or improvements in addition to those provided by TOWN pursuant to this Section, shall be the responsibility of TCRYBA and shall only be allowed upon the prior written approval of TOWN. B. Field Maintenance: TCRYBA through their President or designee shall promptly notify the TOWN of all field maintenance requests, requests for additional services or the existence of unsafe conditions by providing written notice to the Park Superintendent and/or designee. 4.05. TCRYBA Alterations. TCRYBA shall not move, alter or remove, in whole or in part, any improvement, fixed or movable, upon Independence Park, including without limitation bleachers, without first obtaining the express written permission Town Council Page 128 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 6 of 14 of the TOWN and then only in the event that the move, alteration or removal will not subject such improvements or Independence Park to damage. Any such move, alteration or removal shall be at the sole expense of TCRYBA. 4.06 Council Updates. An officer of the TCRYBA Board shall attend a Town Council meeting and shall provide an update to the Town Council within thirty (30) days after the last day of regular season play for both the Fall 2015 Season and the Spring 2015 Season. 4.07 Ex-Officio Member. The Parks and Recreation Director or designee shall serve as an ex-officio member of the Board of Directors of the TCRYBA. TCRYBA shall email board meeting agendas to the Parks and Recreation Director or designee a minimum of seventy–two (72) hours prior to each such TCRYBA Board meeting. 4.08 Sponsorship Opportunities. TCRYBA shall diligently pursue third party sponsorships that will reduce the maintenance and operational costs of both TCRYBA and TOWN, including without limitation, additional tournaments and other TOWN authorized activities. 4.09 Events. TOWN and TCRYBA agree and understand that there is a benefit in combining resources and participation in TOWN sponsored events. TCRYBA agrees to work with TOWN in the joint scheduling and promotion of TOWN events as practicable for both parties. V. RULES AND REGULATIONS / CLOSURE/ PARKING 5.01 TOWN Regulations. TCRYBA understands and agrees that its’ use of the Independence Park shall be allowed only in accordance with TOWN ordinances, guidelines and regulations, including without limitation the following: A. Athletic Facility Rainout Procedures: During questionable weather periods, field playability status will be posted on the TOWN’S field conditions line by 12:00 p.m. weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays by TOWN’S Parks Superintendent and/or designee. Emergency contact numbers shall be distributed to TCRYBA designated officials prior to season start. The field conditions line shall be updated as soon as possible when field conditions change status. B. Field Closure Policy and Procedure: TCRYBA shall cancel, delay or postpone any games, tournaments, practices, scrimmages, camps or other activities if severe weather conditions are present and/or when TOWN notifies TCRYBA that supplemental watering will be conducted. Notwithstanding the terms of this Agreement, TOWN, in its sole discretion, retains the right to close any or all of Independence Park that is the subject of this Agreement. The Park Superintendant and/or designee, at their sole discretion, may close Town Council Page 129 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 7 of 14 Independence Park and suspend play at any time if, in TOWN’S sole discretion, it is determined that continued use presents a risk of injury to persons or damage to Independence Park or the general health, safety or welfare of the public. Further, TOWN in its sole discretion, reserves the right to close or limit the use of any or all fields during such times as the City Roanoke closes its fields due to weather or maintenance related conditions. In addition to the foregoing, all of a portion of Independence Park may be closed for repair, remodeling, or overseeding or other maintenance. In the event of closure for such maintenance, TOWN shall timely notify TCRYBA officials in order to minimize the impact on scheduling as much as reasonably possible. TOWN also reserves the right to close all or a portion of Independence Park during operational hours, and if resources are available, TOWN may offer substitutions or alternatives for the use of Independence Park or offer replacement premises or facilities. 5.02 Parking: During the term of this Agreement, TOWN shall provide TCRYBA with access to and use of Independence Park east parking area. The repair and maintenance of such parking lot shall remain the sole responsibility of the TOWN. VI. TCRYBA USE OF TOWN PARK CONCESSION FACILITIES 6.01 Schedule. TCRYBA shall have the right to use the concession facilities at Independence Park during the term of this Agreement. 6.02 Subleasing Prohibited. TCRYBA shall utilize the concession facilities only for the purpose of vending and/or sale of concessions, food, beverages, or merchandise. TCRYBA is strictly prohibited from leasing or sub-leasing the concessions operation of any TOWN facility located on Independence Park without written permission from the Director of Parks and Recreation. 6.03 As -Is Condition. The TCRYBA shall take Independence Park on an “as-is” condition on the date of execution of this Agreement and there shall be no obligation by the TOWN to make any other improvements to the concession stands and/or any other Independence Park facilities. TCRYBA shall not make any improvements or structural changes to any TOWN concession facility without written permission by the Director of Parks and Recreation. VII. GENERAL REQUIREMENTS APPLICABLE TO TCRYBA USE OF TOWN PROPERTY 7.01 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto, shall be construed to affect, alter, or modify the immunity of either party under the Town Council Page 130 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 8 of 14 Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 7.02. Insurance: During the term of this Agreement TCRYBA shall obtain and maintain, at its sole expense, general liability insurance with the minimum amounts of $1,000,000 Bodily Injury Liability and $1,000,000 Property Damage Liability while naming the TOWN of Trophy Club as an additional insured to protect against potential claims arising out of the TCRYBA’s use of the Independence Park and the facilities. TCRYBA shall furnish TOWN with certificates of insurance evidencing its compliance with this Paragraph at least ten (10) days prior to the commencement of the term of this Agreement. Nothing contained herein shall be construed to grant any third party rights or as a waiver of any governmental and/or public purpose of the operation or use of all or a portion of Independence Park. 7.03 No Third Party Beneficiary: For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with TOWN or TCRYBA or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either TOWN or TCRYBA. This Agreement shall not create any third-party beneficiaries. 7.04 Notice: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered by e-mail or personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid, to the following addresses as may be designated by the appropriate party; however, each party has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to TCRYBA: John Watson TCR Youth Baseball Association PO Box 1568 Roanoke, Texas 76262 Town Council Page 131 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 9 of 14 If to TOWN: Adam Adams Director of Parks and Recreation Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 7.05 Claims Against Parties: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of its use or occupation of Independence Park. It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 7.05 Entire Agreement: This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. 7.06 Severability: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contain herein. 7.07 Authority: The undersigned officers and/or agents are authorized to execute this Agreement on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 7.08 Defective Conditions. TCRYBA shall promptly report to TOWN any defects or dangerous conditions it discovers on or concerning Independence Park or other TOWN property, and shall cease any such use until such defect or condition is repaired or cured, provided TOWN shall not have an obligation to repair or cure any such defect of condition. VIII. TERMINATION 8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to TCRYBA: A. Neither the position of President, Vice-President of Recreation, Treasurer nor the position of Secretary of TCRYBA is held by a resident of the Town of Trophy Club; and Town Council Page 132 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 10 of 14 B. TCRYBA fails to take action to appoint a Trophy Club resident to at least one (1) of the required positions set forth in subsection A within sixty (60) days after the date upon which none of the required positions are held by a Trophy Club resident. C. TCRYBA defaults by failing to timely remit payment to TOWN in accordance with the provisions of this Agreement or otherwise defaults upon any one or more of its obligations under this Agreement, and TCRYBA has failed to remedy such default within ten (10) days of the date of TOWN’S written notice of default to TCRYBA. 8.02 Termination Without Cause. Either party may terminate this Agreement with or without cause, by giving ninety (90) days prior written notice of the date of termination to the other party. Upon termination, all permanent improvements shall remain the property of TOWN and all personal property shall remain the property of the party paying for such personal property. Removal of personal property or improvements shall be subject to the terms contained herein. However, all personal property and improvements remaining on Independence Park property for ninety (90) days after the date of termination of this Agreement shall become the personal property and improvements of the TOWN. IX. REMEDIES No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. X. APPLICABLE LAW This Agreement is governed by the laws of the State of Texas; exclusive venue for any action shall be in Denton County, Texas. XI. ASSIGNMENT TCRYBA shall not assign, sublet, subcontract or transfer all or a portion of its rights or obligations under this Agreement without the prior written approval of the TOWN. Town Council Page 133 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 11 of 14 XII. GENERAL REQUIREMENTS 12.01 Financials. TCRYBA shall provide financials for review by Town on or before the first last Monday in February, 2015 for the previous Fall 2014 Season, and on or before the first last Monday in August, 2015 for the previous Spring 2015 Season, . and on or before the first Monday in February, 2016 for the Fall 2015 Season. This requirement shall survive termination and/or expiration of this Agreement. 12.02 Reports. On or before the twenty-first (21st) day following the commencement of the Spring 2015 Season and the Fall 2015 Season, TCRYBA shall provide a written report identifying the total number of TCRYBA registered players, the city of residence for each such player, the associated age division for each such player, and the classification of the player as a member of a recreation team or a select team. 12.03 Board Members. On or before the twenty-first (21st) day following the commencement of the Spring 2015 Season and the Fall 2015 Season, TCRYBA shall provide a list of the names and city of residence for each TCRYBA board member. 12.04 Background Checks. TCRYBA shall require that each person volunteering to serve as a board member, head coach and/or an assistant coach, or in any other capacity pass a background check. Additionally, all adult umpires shall be required to successfully pass a background check. TCRYBA approved standards for successful completion of a background check shall be provided to TOWN, and any person failing to meet such standards shall not be allowed to volunteer, serve or otherwise work for TCRYBA in any manner or capacity. WITNESS: TCR YOUTH BASEBALL ASSOCIATION By: ________________________________ John Watson, President TCR Youth Baseball Association Town Council Page 134 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 12 of 14 ATTEST: TOWN OF TROPHY CLUB, TEXAS By: ________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: By: ________________________________ Tammy ArdHolly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: By: ________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council Page 135 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 13 of 14 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the _____ day of ___________________, 20154 by C. Nick Sanders, Mayor of the TOWN OF TROPHY CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation. ______________________________ Notary Public in and for the State of Texas STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the _____ day of ___________________, 2014 2015 by John Watson, President of the TCR YOUTH BASEBALL ASSOCIATION, a nonprofit corporation, on behalf of such corporation. ______________________________ Notary Public in and for the State of Texas Town Council Page 136 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 14 of 14 EXHIBIT “A” (TOWN FIELDS & FACILITIES TO BE USED BY TCRYBA) INDEPENDENCE PARK Field #1 Field #2 Field #3 Field #4 Field #5 Field #6 Field #7 Batting cages T-ball practice field Concession #1 Concession #2 Parking Town Council Page 137 of 201 Meeting Date: May 12, 2015 THE STATE OF TEXAS § § COUNTY OF DENTON § NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND THE TCR YOUTH BASEBALL ASSOCIATION THIS NON-EXCLUSIVE USE AGREEMENT is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as “TOWN”), acting by and through its Mayor or designee, and the TCR Youth Baseball Association (hereinafter referred to as “TCRYBA”), acting by and through the President its Board of Directors, or designee, (hereinafter “Agreement”). WITNESSETH: WHEREAS, the TOWN owns and maintains TOWN parks and sports facilities on Independence (hereinafter “Independence Park”); and WHEREAS, the TCRYBA is comprised of various youth baseball teams for baseball play; and WHEREAS, the TCRYBA desires to use the TOWN parks and facilities as specifically identified herein below; and WHEREAS, maintenance and upkeep obligations shall be shared by Town and TCRYBA as expressly set forth in this Agreement; and WHEREAS, TCRYBA and TOWN agree that it serves their best interests to work with TOWN; and WHEREAS, TCRYBA and TOWN agree that the properties and facilities identified herein shall be used by TCRYBA solely for the purpose of providing baseball use for the members of the TCRYBA; and WHEREAS, the parties agree that this Agreement supersedes any and all prior written and/or oral agreements for use of Independence Park, and by execution of this Agreement, the parties agree and intend that this Agreement shall exclusively govern TCRYBA’s use of Independence Park. NOW THEREFORE, FOR AND IN CONSIDERATION of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, TOWN and TCRYBA do hereby agree as follows: Town Council Page 138 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 2 of 13 I. INCORPORATION OF PREMISES / TERM 1.01 Incorporation of Premises. The foregoing premises to this Agreement are incorporated herein for all purposes as if set out herein verbatim. 1.02 Term. The term of this Agreement shall commence on January 1, 2016 and shall end on December 31, 2016, unless otherwise terminated as provided herein. After the initial term has expired, this contract will automatically renew for three (3) additional terms of one (1) year each, provided that such renewal is not contested by either party within ninety (90) days of the contract’s expiration date. II. INDEPENDENCE PARK / CONSIDERATION 2.01 Independence Park. TOWN, under the terms and conditions provided herein, shall allow TCRYBA the non-exclusive use of Independence Park and facilities within the parks as specifically identified in Exhibit “A”, a copy of which is attached hereto and incorporated herein, for athletic and sporting events, to wit, baseball events. 2.02 Consideration. In addition to the fees otherwise provided herein, for the Spring, Season and the Fall Season (defined below), TCRYBA shall assess and collect a fee for each child who does not live within the corporate limits of the Town of Trophy Club or the City of Roanoke. Such fee shall be twenty dollars ($20.00) per child for each child who enrolls in the recreation division of the TCRYBA baseball program and thirty dollars ($30.00) per child for each child who enrolls in the select division of the TCRYBA baseball program. No later than the twenty- first (21st) day after the commencement of regular season game play for the Spring Season and for the Fall Season, TCRYBA shall remit to Town all such fees collected and shall provide the written report required by Section 12.02 of this Agreement. In further consideration for the use of Independence Park, TCRYBA hereby agrees to provide a proposed use schedule (which specifically identifies complexes and fields to be used) to the TOWN at least seven (7) days before the commencement of each seasonal practice schedule and at least fifteen (15) days prior to each regular season game schedule. In the event of changes in the game and or practice schedule, TCRYBA shall provide TOWN with a written notice at least seventy-two (72) hours prior to the proposed change. Acceptance of the proposed changes shall be within the sole discretion of the Town; provided however, that acceptance shall not be unreasonably withheld. Town Council Page 139 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 3 of 13 III. USE SCHEDULING/REGISTRATION 3.01 Regular Season. The “Spring Season” shall run from the –first week of February through the fourth week of June and the “Fall Season” shall run from the second week of August through the fourth week of November, and shall include tryouts, all practice and league games, tournaments and make-up games. 3.02 Tournament Rates. Upon thirty (30) days written notice and approval of proposed scheduling by TOWN, TCRYBA shall be allowed to schedule the Recreation All-Star Tournament for no cost during the Spring Season. For any additional tournaments, TCRYBA shall pay tournament fees as outlined in the applicable Schedule of Fees adopted by TOWN. 3.03 Scheduling. TOWN and TCRYBA agree that scheduling of additional games and practices on dates not contained in the TOWN approved schedule shall not be permitted unless these additional times are mutually agreed to in writing by the TOWN and TCRYBA, and if allowed, there shall be no additional cost to TCRYBA. Use of Independence Park shall be limited to the sports games and contests scheduled by TCRYBA, and TCRYBA shall provide written notice of scheduling to the Parks and Recreation Department in accordance with the time frames set forth in this Agreement. TCRYBA shall provide one point of contact for all scheduling of Independence Park. No TCRYBA tournaments and/or use of Independence Park by TCYRBA, other than that expressly provided for under a TOWN approved schedule, shall be allowed by the TOWN. Weather days, rain days, or suspension of play may require rescheduling of events. TCRYBA shall provide written notice of such rescheduling requests to the Parks and Recreation Department at least seventy-two (72) hours in advance of the proposed schedule change. The TOWN shall designate one (1) day per week on which TCRYBA will not be allowed to use Independence Park for either practice or games. The proposed day shall be submitted to TCRYBA thirty (30) days prior to the commencement of regular season practice for both the Spring Season and for the Fall Season. . 3.04 Registration. During the registration period for both the Spring Season and the Fall Season, TCRYBA shall provide priority registration for residents of the Town of Trophy Club and the City of Roanoke by establishing a period of time at the commencement of the registration period when only residents of Trophy Club and residents of Roanoke may register for the season. At the end of the priority registration period, registration shall also be opened to residents of other communities. Additionally, in order for the TOWN to control field usage and to establish capacity limits for field usage, TCRYBA shall restrict the maximum number of participants allowed to register based upon the maximum number of weekly practice slots available. Town Council Page 140 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 4 of 13 IV. MAINTENANCE RESPONSIBILITIES 4.01 TOWN Maintenance Responsibilities. TOWN shall be responsible for all routine maintenance of Independence Park, including the following: 1. watering; 2. mowing; 3. over seeding (as needed) 4. fertilization; 5. aerification; 6. top-dressing; 7. striping of the game fields, for league scheduled games & tournaments; 8. concession stand; 9. restrooms; 10. lighting; 11. irrigation; 12. turf management; and 13. other similar maintenance items 4.02 Repairs. TOWN shall have the sole discretion to determine nature and timing of repairs and shall have the sole duty and responsibility for making repairs to all permanent improvements owned by the TOWN such as fencing, buildings, lighting, or other permanent structural improvements upon Independence Park. 4.03 TOWN Alterations. TOWN shall be permitted and shall have the right to make, at its own expense, all alterations or additions to all or any portion of Independence Parkas the TOWN determines appropriate in its sole discretion, notwithstanding any conflicting provision of this Agreement. 4.04 TCRYBA Maintenance and Other Responsibilities: TCRYBA shall be responsible for the following: A. Maintenance and Improvements Generally. Maintenance or improvements in addition to those provided by TOWN pursuant to this Section, shall be the responsibility of TCRYBA and shall only be allowed upon the prior written approval of TOWN. B. Field Maintenance: TCRYBA through their President or designee shall promptly notify the TOWN of all field maintenance requests, requests for additional services or the existence of unsafe conditions by providing written notice to the Park Superintendent and/or designee. 4.05. TCRYBA Alterations. TCRYBA shall not move, alter or remove, in whole or in part, any improvement, fixed or movable, upon Independence Park, including without limitation bleachers, without first obtaining the express written permission Town Council Page 141 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 5 of 13 of the TOWN and then only in the event that the move, alteration or removal will not subject such improvements or Independence Park to damage. Any such move, alteration or removal shall be at the sole expense of TCRYBA. 4.06 Council Updates. An officer of the TCRYBA Board shall attend a Town Council meeting and shall provide an update to the Town Council within thirty (30) days after the last day of regular season play for both the Fall Season and the Spring Season. 4.07 Ex-Officio Member. The Parks and Recreation Director or designee shall serve as an ex-officio member of the Board of Directors of the TCRYBA. TCRYBA shall email board meeting agendas to the Parks and Recreation Director or designee a minimum of seventy–two (72) hours prior to each such TCRYBA Board meeting. 4.08 Sponsorship Opportunities. TCRYBA shall diligently pursue third party sponsorships that will reduce the maintenance and operational costs of both TCRYBA and TOWN, including without limitation, additional tournaments and other TOWN authorized activities. 4.09 Events. TOWN and TCRYBA agree and understand that there is a benefit in combining resources and participation in TOWN sponsored events. TCRYBA agrees to work with TOWN in the joint scheduling and promotion of TOWN events as practicable for both parties. V. RULES AND REGULATIONS / CLOSURE/ PARKING 5.01 TOWN Regulations. TCRYBA understands and agrees that its’ use of the Independence Park shall be allowed only in accordance with TOWN ordinances, guidelines and regulations, including without limitation the following: A. Athletic Facility Rainout Procedures: During questionable weather periods, field playability status will be posted on the TOWN’S field conditions line by 12:00 p.m. weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays by TOWN’S Parks Superintendent and/or designee. Emergency contact numbers shall be distributed to TCRYBA designated officials prior to season start. The field conditions line shall be updated as soon as possible when field conditions change status. B. Field Closure Policy and Procedure: TCRYBA shall cancel, delay or postpone any games, tournaments, practices, scrimmages, camps or other activities if severe weather conditions are present and/or when TOWN notifies TCRYBA that supplemental watering will be conducted. Notwithstanding the terms of this Agreement, TOWN, in its sole discretion, retains the right to close any or all of Independence Park that is the subject of this Agreement. The Park Superintendant and/or designee, at their sole discretion, may close Town Council Page 142 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 6 of 13 Independence Park and suspend play at any time if, in TOWN’S sole discretion, it is determined that continued use presents a risk of injury to persons or damage to Independence Park or the general health, safety or welfare of the public. Further, TOWN in its sole discretion, reserves the right to close or limit the use of any or all fields during such times as the City Roanoke closes its fields due to weather or maintenance related conditions. In addition to the foregoing, all of a portion of Independence Park may be closed for repair, remodeling, overseeding or other maintenance. In the event of closure for such maintenance, TOWN shall timely notify TCRYBA officials in order to minimize the impact on scheduling as much as reasonably possible. TOWN also reserves the right to close all or a portion of Independence Park during operational hours, and if resources are available, TOWN may offer substitutions or alternatives for the use of Independence Park or offer replacement premises or facilities. 5.02 Parking: During the term of this Agreement, TOWN shall provide TCRYBA with access to and use of Independence Park east parking area. The repair and maintenance of such parking lot shall remain the sole responsibility of the TOWN. VI. TCRYBA USE OF TOWN PARK CONCESSION FACILITIES 6.01 Schedule. TCRYBA shall have the right to use the concession facilities at Independence Park during the term of this Agreement. 6.02 Subleasing Prohibited. TCRYBA shall utilize the concession facilities only for the purpose of vending and/or sale of concessions, food, beverages, or merchandise. TCRYBA is strictly prohibited from leasing or sub-leasing the concessions operation of any TOWN facility located on Independence Park without written permission from the Director of Parks and Recreation. 6.03 As -Is Condition. The TCRYBA shall take Independence Park on an “as-is” condition on the date of execution of this Agreement and there shall be no obligation by the TOWN to make any other improvements to the concession stands and/or any other Independence Park facilities. TCRYBA shall not make any improvements or structural changes to any TOWN concession facility without written permission by the Director of Parks and Recreation. VII. GENERAL REQUIREMENTS APPLICABLE TO TCRYBA USE OF TOWN PROPERTY 7.01 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto, shall be construed to affect, alter, or modify the immunity of either party under the Town Council Page 143 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 7 of 13 Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 7.02. Insurance: During the term of this Agreement TCRYBA shall obtain and maintain, at its sole expense, general liability insurance with the minimum amounts of $1,000,000 Bodily Injury Liability and $1,000,000 Property Damage Liability while naming the TOWN of Trophy Club as an additional insured to protect against potential claims arising out of the TCRYBA’s use of the Independence Park and the facilities. TCRYBA shall furnish TOWN with certificates of insurance evidencing its compliance with this Paragraph at least ten (10) days prior to the commencement of the term of this Agreement. Nothing contained herein shall be construed to grant any third party rights or as a waiver of any governmental and/or public purpose of the operation or use of all or a portion of Independence Park. 7.03 No Third Party Beneficiary: For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with TOWN or TCRYBA or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either TOWN or TCRYBA. This Agreement shall not create any third-party beneficiaries. 7.04 Notice: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered by e-mail or personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid, to the following addresses as may be designated by the appropriate party; however, each party has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to TCRYBA: John Watson TCR Youth Baseball Association PO Box 1568 Roanoke, Texas 76262 Town Council Page 144 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 8 of 13 If to TOWN: Adam Adams Director of Parks and Recreation Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 7.05 Claims Against Parties: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of its use or occupation of Independence Park. It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 7.05 Entire Agreement: This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. 7.06 Severability: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contain herein. 7.07 Authority: The undersigned officers and/or agents are authorized to execute this Agreement on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 7.08 Defective Conditions. TCRYBA shall promptly report to TOWN any defects or dangerous conditions it discovers on or concerning Independence Park or other TOWN property, and shall cease any such use until such defect or condition is repaired or cured, provided TOWN shall not have an obligation to repair or cure any such defect of condition. VIII. TERMINATION 8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to TCRYBA: A. Neither the position of President, Vice-President of Recreation, Treasurer nor the position of Secretary of TCRYBA is held by a resident of the Town of Trophy Club; and Town Council Page 145 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 9 of 13 B. TCRYBA fails to take action to appoint a Trophy Club resident to at least one (1) of the required positions set forth in subsection A within sixty (60) days after the date upon which none of the required positions are held by a Trophy Club resident. C. TCRYBA defaults by failing to timely remit payment to TOWN in accordance with the provisions of this Agreement or otherwise defaults upon any one or more of its obligations under this Agreement, and TCRYBA has failed to remedy such default within ten (10) days of the date of TOWN’S written notice of default to TCRYBA. 8.02 Termination Without Cause. Either party may terminate this Agreement with or without cause, by giving ninety (90) days prior written notice of the date of termination to the other party. Upon termination, all permanent improvements shall remain the property of TOWN and all personal property shall remain the property of the party paying for such personal property. Removal of personal property or improvements shall be subject to the terms contained herein. However, all personal property and improvements remaining on Independence Park property for ninety (90) days after the date of termination of this Agreement shall become the personal property and improvements of the TOWN. IX. REMEDIES No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. X. APPLICABLE LAW This Agreement is governed by the laws of the State of Texas; exclusive venue for any action shall be in Denton County, Texas. XI. ASSIGNMENT TCRYBA shall not assign, sublet, subcontract or transfer all or a portion of its rights or obligations under this Agreement without the prior written approval of the TOWN. Town Council Page 146 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 10 of 13 XII. GENERAL REQUIREMENTS 12.01 Financials. TCRYBA shall provide financials for review by Town on or before the last Monday in February for the previous Fall Season, and on or before the last Monday in August for the previous Spring Season. This requirement shall survive termination and/or expiration of this Agreement. 12.02 Reports. On or before the twenty-first (21st) day following the commencement of the Spring Season and the Fall Season, TCRYBA shall provide a written report identifying the total number of TCRYBA registered players , the city of residence for each such player, the associated age division for each such player, and the classification of the player as a member of a recreation team or a select team. 12.03 Board Members. On or before the twenty-first (21st) day following the commencement of the Spring Season and the Fall Season, TCRYBA shall provide a list of the names and city of residence for each TCRYBA board member. 12.04 Background Checks. TCRYBA shall require that each person volunteering to serve as a board member, head coach and/or an assistant coach, or in any other capacity pass a background check. Additionally, all adult umpires shall be required to successfully pass a background check. TCRYBA approved standards for successful completion of a background check shall be provided to TOWN, and any person failing to meet such standards shall not be allowed to volunteer, serve or otherwise work for TCRYBA in any manner or capacity. TCR YOUTH BASEBALL ASSOCIATION By: ________________________________ John Watson, President TCR Youth Baseball Association Town Council Page 147 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 11 of 13 TOWN OF TROPHY CLUB, TEXAS By: ________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: By: ________________________________ Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: By: ________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council Page 148 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 12 of 13 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the _____ day of ___________________, 2015 by C. Nick Sanders, Mayor of the TOWN OF TROPHY CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation. ______________________________ Notary Public in and for the State of Texas STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the _____ day of ___________________, 2015 by John Watson, President of the TCR YOUTH BASEBALL ASSOCIATION, a nonprofit corporation, on behalf of such corporation. ______________________________ Notary Public in and for the State of Texas Town Council Page 149 of 201 Meeting Date: May 12, 2015 2015 Non-Exclusive Use Agreement with TCRYBA Page 13 of 13 EXHIBIT “A” (TOWN FIELDS & FACILITIES TO BE USED BY TCRYBA) INDEPENDENCE PARK Field #1 Field #2 Field #3 Field #4 Field #5 Field #6 Field #7 Batting cages T-ball practice field Concession #1 Concession #2 Parking Town Council Page 150 of 201 Meeting Date: May 12, 2015 Town Council Page 151 of 201 Meeting Date: May 12, 2015 Town Council Page 152 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0326-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Consider and take appropriate action regarding the Interlocal Agreement between the Town and Trophy Club Municipal Utility District No. 1 for fire protection services to properties within the Town that are outside of the TCMUD No. 1 boundaries and outside of PID boundaries, and the fee or rate for fire protection services to those properties. Attachments:2008 ILA for Fire Protection Services.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Interlocal Agreement between the Town and Trophy Club Municipal Utility District No. 1 for fire protection services to properties within the Town that are outside of the TCMUD No. 1 boundaries and outside of PID boundaries, and the fee or rate for fire protection services to those properties. Town Council Page 153 of 201 Meeting Date: May 12, 2015 Town Council Page 154 of 201 Meeting Date: May 12, 2015 Town Council Page 155 of 201 Meeting Date: May 12, 2015 Town Council Page 156 of 201 Meeting Date: May 12, 2015 Town Council Page 157 of 201 Meeting Date: May 12, 2015 Town Council Page 158 of 201 Meeting Date: May 12, 2015 Town Council Page 159 of 201 Meeting Date: May 12, 2015 Town Council Page 160 of 201 Meeting Date: May 12, 2015 Town Council Page 161 of 201 Meeting Date: May 12, 2015 Town Council Page 162 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0322-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Consider and take appropriate action regarding revenue options and potential property tax rate for Fiscal Year 2016. Attachments:Staff Report - Fiscal Year 16 Revenue Diversification.pdf Revenue Diversification Presentation.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding revenue options and potential property tax rate for Fiscal Year 2016. Town Council Page 163 of 201 Meeting Date: May 12, 2015 To: Mayor and Town Council From: Steven Glickman, Assistant Town Manager/CFO CC: Stephen Seidel, Town Manager Holly Fimbres, Town Secretary Re: Revenue Diversification Town Council Meeting, May 12, 2015 Agenda Item: Consider and take appropriate action regarding revenue options and potential property tax rate for Fiscal Year 2016. Explanation: Revenue diversification is a priority for any Town in order to protect its interests against risk and potential loss due to revenue concentration in a singular source. Trophy Club is no different, and the intention is to make Town Council aware of all available revenue options in order to protect the Town and its residents. The Town’s bond rating is largely based on our stability of which revenue diversification plays a major role. The diversification plan includes reducing the property tax rate and maximizing franchise fees associated with solid waste and natural gas, which in turn, would result in savings to the average resident and the same amount of total revenue for the Town while reducing the Town’s risk and protecting the Town’s AA+ bond rating. Attachments: Revenue Diversification Presentation Recommendation: Staff recommends reducing the property tax rate and increasing the franchise fees associated with solid waste and natural gas. Town Council Page 164 of 201 Meeting Date: May 12, 2015 Revenue Diversification Tuesday, May 12, 2015 Town Council Page 165 of 201 Meeting Date: May 12, 2015 Why is it important to diversify revenue sources? •Too many “eggs in one basket” •Reduces risk of loss due to revenue concentration •Not doing so may negatively affect bond rating •Helps ensure adequate planning for potential revenue shortfalls Town Council Page 166 of 201 Meeting Date: May 12, 2015 Revenue Structure •FY 2014 = 57% Property Tax •FY 2015 = 61% Property Tax •FY 2016 = 64% Property Tax •FY 2017-2019 = 67% Property Tax •The acceptable range of concentration from a single revenue source is 40-60% •Concentration of revenue from a single source above 65% may have an adverse effect on bond ratings Town Council Page 167 of 201 Meeting Date: May 12, 2015 Example •Town General Fund revenue = $8.5M •Assume 3% decrease in property values •If 100% of the revenue is from property tax total revenue decreases by $255,000 or 3% •If 75% of the revenue is from property tax total revenue decreases by $191,250 or 2.25% •If 50% of the revenue is from property tax total revenue decreases by $127,500 or 1.5% •The diversification reduces the amount of potential loss Town Council Page 168 of 201 Meeting Date: May 12, 2015 Why is this important now? •Substantial residential build-out is upon us •No substantial new growth to shield the Town in the event of decreased values of existing properties as was the case during the last recession •The decline of permitting revenue coupled with increased new and existing property values have pushed the Town’s concentration of revenue from property tax over 60% •It is possible that the tax rate of $0.49 will exceed the rollback rate •It will save the residential taxpayer money Town Council Page 169 of 201 Meeting Date: May 12, 2015 How do we diversify? •Reduce the property tax rate and maximize franchise fees related to solid waste and natural gas •Over 90% of the Town’s total taxable value comes from single family residential homes •Currently less than 48% of solid waste collections come from single family residential homeowners –This will increase as development decreases, but it will still be far less than the taxable value percentage •This means that reducing the property tax rate and increasing the solid waste franchise fee saves residents money Town Council Page 170 of 201 Meeting Date: May 12, 2015 How do we diversify (cont.)? •The Town’s current solid waste franchise is 6% –The highest in DFW is 15% –The highest among our neighbors is 12% •The Town’s current gas franchise is 4%, the maximum amount we are able to charge is 5% –Gas usage is controlled by the customer allowing those that use less to save more •Reduce the property tax rate by a minimum of $0.006/per $100 making the tax rate $0.484/per $100 Town Council Page 171 of 201 Meeting Date: May 12, 2015 What is the effect on residents? •Assuming an average home value of $360,000 Note: Not all homes have natural gas, those that do not would save more each year than illustrated above Reduction in Taxes 21.60$ Increase in Solid Waste (9.60) Increase in Gas Franchise (5.00) Net Annual Savings 7.00$ Town Council Page 172 of 201 Meeting Date: May 12, 2015 What is the effect on the Town? •Overall General Fund revenue stays the same •The concentration of property tax revenue would decrease 1.1% •Gives the Town something tangible to report to ratings agencies during the next bond rating inquiry Town Council Page 173 of 201 Meeting Date: May 12, 2015 What do other Cities do? Atmos Gas?Gas Franchise % Solid Waste Franchise %Bond Rating FY 2014 Property Tax as % of Total Revenue Roanoke √5%10%AA 13% Southlake √5%10%AAA 47% Keller √5%10%AAA 46% Argyle √4%7%AA 53% Northlake x 2%6%A+30% Highland Village √5%10%AA+57% Westlake √4%12%AA+16% Flower Mound √5%5%AAA 50% Trophy Club √4%6%AA+57% Town Council Page 174 of 201 Meeting Date: May 12, 2015 Decision Points? •Lower property tax rate by a minimum of $0.006? •Increase solid waste franchise from 6% to 12%? •Increase gas franchise from 4% to 5%? Town Council Page 175 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0323-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Consider and take appropriate action regarding the acceptance of the Popular Annual Financial Report (PAFR). Attachments:Staff Report - PAFR.pdf 2014 PAFR.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the acceptance of the Popular Annual Financial Report (PAFR). Town Council Page 176 of 201 Meeting Date: May 12, 2015 Page 1 of 1 To: Mayor and Town Council From: John Zagurski, Strategic Services Coordinator CC: Stephen Seidel, Town Manager Steven Glickman, Assistant Town Manager/CFO Holly Fimbres, Town Secretary Re: Town Council Meeting, Tuesday, May 12, 2015 Agenda Item: Consider and take appropriate regarding the acceptance of the Popular Annual Financial Report. Explanation: The Government Finance Officers Association (GFOA) established the Popular Annual Financial Reporting Awards Program (PAFR Program) in 1991 to encourage and assist state and local governments to extract information from their comprehensive annual financial report. The purpose was to produce high quality, financial reports specifically designed to be readily accessible and easily understandable to the general public and other interested parties without a background in public finance, as well as to recognize individual governments that are successful in achieving that goal. This is the Town’s first PAFR submission. Attachments: 2014 PAFR Recommendation: Staff recommends that the Town Council accepts the Popular Annual Financial Report. Town Council Page 177 of 201 Meeting Date: May 12, 2015 Popular Annual Financial Report for the fiscal year ending September 30, 2014 Trophy Club, TexasTown Council Page 178 of 201 Meeting Date: May 12, 2015 MESSAGE FROM Assistant Town Manager / CFO Steven Glickman Dear Reader, The Town of Trophy Club is proud to present the Popular Annual Financial Report (PAFR) for the Fiscal Year ended September 30, 2014. The PAFR provides residents, businesses and visitors an overview of the Town’s financial activity in a simplified, easily digestible format. The citizen-friendly financial report is designed to further engage the Trophy Club community with their local government, and deliver information that furthers financial transparency and accountability. Throughout the duration of the year, the Finance Department works on the budget, the audit, financial reporting, financial policies, financial forecasting and financial management with the mission: “To provide the highest quality financial management, support, fiduciary oversight, and public accountability to the citizens and community of Trophy Club and its designated officials. The Finance Department endeavors to promote the Town’s mission by creating strong partnerships and encouraging community involvement, as well as enhancing the Town’s financial and operational stewardship.” The financial information contained within this report is taken from the independently audited financial statements that are a part of the Town of Trophy Club’s 2014 Comprehensive Annual Financial Report (CAFR), which is prepared in accordance with the Generally Accepted Accounting Principles (GAAP) and is audited by an independent firm of Certified Public Accountants, Weaver LLP of Dallas. The CAFR contains additional detail and extensive information, such as the audited financial statements, notes, schedules, and other relevant information. If you have any questions regarding the PAFR, please contact the Town of Trophy Club Finance Department at 682-831-4607 or email us at sglickman@trophyclub.org. Sincerely, Steven Glickman Assistant Town Manager/Chief Financial Officer 100 Municipal Drive Trophy Club, Texas 76262 Popular Annual Financial Report 1 Town Council Page 179 of 201 Meeting Date: May 12, 2015 Message from the ATM/CFO…………………………………………………..…………….. 1 Table of Contents & Organizational Chart…..…………………………….……………. 2 About The Town & Demographics………………………………………………………….. 3-4 Town Council & Strategy Map ………………….…………………………….……………… 5 Award Winning Community.....….…………………………………………….…………….. 6 Financial Highlights………………………………………………………………………………… 7-8 Long Term Financial Planning…………………………………………………………………. 9 Long Term Capital Planning……………………………………………………………………. 10 Annual Report………………………………………………………………………………………… 11 Come Stay & Play…………………………………………………………………………………… 12 Trophy Club Parks…………………………………………………………………………………. 13-14 TC Brand & Stay Connected ……….………………………………………….................. 15 The Town of Trophy Club has operated as a Home Rule municipality utilizing the Council-Manager form of government since 2004. Table of Contents Town Organizational Chart Popular Annual Financial Report 2 Town Council Page 180 of 201 Meeting Date: May 12, 2015 About the Town of Trophy Club The Town of Trophy Club, Texas was incorporated in 1985 as Texas’ first master planned community. Conveniently located in North Texas, this area has proven to be one of the fastest growing regions in Texas and the United States. Initially developed as a luxury living community for corporate professionals looking to escape urban city life, Trophy Club has grown to become a premier, close-knit, neighborhood-oriented township with amenities for everyone. From young families to retirees, Trophy Club offers something for everyone! Trophy Club has one of the lowest crime rates in DFW and provides superior emergency management services. The award-winning Northwest Independent School District governs several exemplary schools in town, including Samuel Beck and Lakeview Elementary Schools, Medlin Middle School and the acclaimed Byron Nelson High School. Trophy Club has operated as a Home Rule municipality utilizing a Council-Manager form of government since 2004. Policy-making and legislative authority are vested in the Town Council consisting of the Mayor and six Council Members. The Town Council is responsible for establishing policy, passing ordinances and resolutions, adopting the budget, appointing board, commission and committee members, and hiring the Town Manager, Town Attorney, and Town Secretary. The Town Council is elected on a community-wide, non-partisan basis. The Town Manager is responsible for carrying out the policies and ordinances established by the Town Council and overseeing the day-to-day operations of the Town government. The Town of Trophy Club provides a full range of municipal services, including public safety (police and EMS), streets, parks and recreation, planning and zoning, code enforcement, inspections and drainage utilities. Water/wastewater and fire protection services are provided through the Trophy Club Municipal Utility District No. 1. Trophy Club’s location within the DFW Metroplex is ideal for both businesses and residents, many of whom commute to Dallas, Denton, Las Colinas, and Fort Worth. Trophy Club maintains a small-town ambiance while having the advantages of nearby metro areas, and offers an outstanding quality of life with world-class recreational amenities. Two 18- hole golf courses anchor the community, including the only course designed by world renowned champion golfer Ben Hogan. Popular Annual Financial Report 3 Town Council Page 181 of 201 Meeting Date: May 12, 2015 Demographics A Great Place to Call Home Active Community Size: 4.2 sq miles (2,688 acres) Households: 3,900+ Population: Approximately 13,000 Average Household Income: $124,000 Median Home Sales Price: $357,500 Education: 63% have a Bachelor’s degree or higher Outstanding Schools: Beck & Lakeview Elementary Schools, Medlin Middle School and Byron Nelson High School Strong Housing Market: Home prices range from $180,000s to $1,200,000+ & average home values have increased for past 6 years Financial Status: AA+ Standard and Poor’s Bond Rating Pristine Parks: 9 parks, 3 playgrounds, world-class dog park, state- of-the-art baseball complex, soccer fields, multi-use fields, community pool and spray pad, bocce ball courts, disc golf, tennis and basketball courts, workout stations, nature trails & preserve, MX and ATV areas, pavilions and picnic areas, access to Lake Grapevine via Trophy Club Park, boat ramp, fishing, white sandy beach Well Recognized: Ranked the ‘3rd Healthiest Community in North Texas by Dallas Morning News (2014); Ranked ‘7th Best Suburb in North Texas by D Magazine (2014) & The Highlands Ranked ‘Community of the Year’ by the Dallas Builders Association (2014) Community Features: 40+ miles of trails and sidewalks and 1,000+ acres of parks Annual Events: Easter Eggstravaganza, Back to Nature, July 4th Celebration, Movie Series in the Park, TCWC Garden & Holiday Home Tours, Fall Family Festival, PetFest, and Christmas Celebration Youth & Adult Sports Leagues: Bocce Ball League (adult), Kickball League (adult), Trophy Club/Roanoke Football Association, Greater Northwest Soccer Association, Trophy Club/Roanoke Baseball Association, Trophy Club/Roanoke Track and Field Association, and Bobcat Wrestling Club Community Organizations: Trophy Club Women’s Club, Trophy Club Families, Keep Trophy Club Wild, Boy Scouts, Girl Scouts, Cub Scouts, and Daisies/Brownies/Junior Girl Scouts/Cadettes Popular Annual Financial Report 4 Town Council Page 182 of 201 Meeting Date: May 12, 2015 Pictured left to right: (seated) Council Member Jim Parrow, Mayor Nick Sanders, Mayor Pro Tem Greg Lamont, (standing) Council Member Garrett Reed, Council Member Rhylan Rowe, Council Member Tim Kurtz, and Council Member Philip Shoffner Town Council Popular Annual Financial Report 5 Town Council Page 183 of 201 Meeting Date: May 12, 2015 Award Winning Reporting Certificate of Achievement for Excellence in Financial Reporting The Town has earned the Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report (CAFR) from the Government Finance Officers Association for four consecutive years. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR is compiled by the finance department and audited by an independent firm of Certified Public Accountants. The purpose of the CAFR is to give a detailed overview of the Town’s financial status, including various funds, investments, and debt service obligations. Distinguished Budget Presentation Award The Town has earned the Distinguished Budget Presentation Award from the Government Finance Officers Association for the fifth consecutive year. The recognition reflects the commitment of the Town’s staff to meet the highest principles of governmental budgeting and represents a significant achievement by the Town. The Budget presents the plan for accomplishing the Town’s goals and objectives during the fiscal year. Preparation of this document requires a comparison of the anticipated revenues with adopted programs and needs based on Town Council’s priorities, service demands, and prior year project commitments. Texas Comptroller Leadership Circle The Texas Comptroller’s office has named Trophy Club as one of only 39 municipalities in Texas to achieve their new Platinum award for financial transparency in the Texas Comptroller Leadership Circle. The Platinum designation was implemented in 2014 and spotlights entities that go above and beyond regarding financial transparency. The award recognizes local governments across Texas that implement a high level of online financial transparency by providing taxpayers with a detailed view of government spending in a user-friendly format. Discover Trophy Club Magazine The 2015-2016 Discover Trophy Club Magazine contains news, information, and resources for anyone interested in learning more about the Trophy Club community. Delivered to households in Trophy Club, the magazine is utilized as a marketing tool and is available at Municipal offices. We hope you enjoy reading and learning about the beautiful Trophy Club community! Popular Annual Financial Report 6 Town Council Page 184 of 201 Meeting Date: May 12, 2015 Increase of > 0.001% Or $1,921 93.6% 1.0% 5.4% The Town, like other state and local governments, utilizes fund accounting to ensure and demonstrate compliance with finance-related legal requirements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The Town of Trophy Club currently maintains fifteen individual funds including the General Fund, the Debt Services Fund, the Grants Fund and the Capital Projects fund, just to name the four major funds. More information can be found in the Comprehensive Annual Financial Report on the Town’s website at www.trophyclub.org. Changes in Net Position The Statement of Net Position presents information on all of the Town’s assets, liabilities and deferred inflows/outflows with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the Town is improving or deteriorating. In total, the Town’s total net position increased $1,921 primarily as a result of the cumulative effect of a change in accounting principle that reduced net position in the amount of $198,637 and ongoing revenues in excess of expenses of $200,558. Total Net Position The largest portion of the Town’s net position, $54,147,372 or 93.6%, is in capital assets (land, buildings, infrastructure, equipment, and construction in progress). The Town uses these assets to provide services to its citizens; consequently, these assets are not available for future spending. Although the Town reports its capital assets net of related debt, the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. A portion of the Town’s net position is restricted resources of $564,472 or 1.0%, which are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position, $3,114,686 or 5.4% may be used to meet the government’s ongoing obligations to citizens and creditors. The Town has one fund that is not included in the total Net Position, which is considered a Discretely Presented Component Unit: the Economic Development Corporation 4B (EDC 4B) Fund. The Town Council appoints the EDC 4B Board and can impose its will on the day to day operations. The FY2014 net position of EDC 4B was $339,715, all of which is unrestricted. This is an increase of $151,011 from last fiscal year. Governmental Fund Balance The focus of the Town’s governmental funds is to provide information on near-term inflows, outflows and balances of spendable resources. Such information is useful in assessing the Town’s financing requirements. In particular, the unassigned fund balance may serve as a useful measure of a government’s net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the Town’s governmental funds reported a combined fund balance of $8,130,374, which is an increase of $3,205,893 or 65.1%. Financial Highlights Popular Annual Financial Report 7 Town Council Page 185 of 201 Meeting Date: May 12, 2015 37% 2% 55% 6% Total Governmental Fund Balance General Fund The Debt Service Fund Capital Projects Fund Other Funds $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 Revenue Expenditures General Fund Budgetary Comparison Original Budget Amended Budget Actual The General Fund is the main operating fund of the Town. At the end of the current fiscal year, the fund balance of the General Fund was $3,045,021, of which $2,816,087 was unassigned. The fund balance of the General Fund increased by $514,627 during the fiscal year. The increase can be attributed to revenues in excess of expenditures and repayments of $299,458 from the Economic Development Corporations. The Debt Service Fund, which are funds restricted for the payment of debt obligations, experienced a decrease of $1,630 in fund balance. The Capital Projects Fund experienced an increase in fund balance of $2,439,364, which is due to the issuance of $2,500,000 in certificates of obligation and $600,000 in tax notes. General Fund Budgetary Highlights FY14 actual expenditures of $7.6 million were $326 thousand less than budgeted. Actual revenues of $8.2 million were $157 thousand greater than budgeted, primarily due to intergovernmental revenues being $174 thousand greater than budgeted. Significant variances between budgeted and actual revenues included: intergovernmental revenue was $174,225 over budget; franchise taxes were $42,751 over budget; licenses and permits were $40,109 under budget; revenues from charges for services were $46,061 over budget; miscellaneous revenue was $10,546 over budget; and grant revenue was $18,126 under budget. Overall, in the general fund, actual revenues exceeded final budgeted amounts by $156,953. Overall expenditures were below the budgeted amount by $311,938 in fiscal year 2014. The Police Department exceeded its budget by $24,999, primarily due to personnel expenditures. The Parks Department exceeded the budgeted amount by $8,608 due to increased water usage, property maintenance, and storage rentals. The Community Development Department was $70,605 under budget due to position vacancies during the fiscal year. The Recreation Department had a positive budget variance of $67,565 due to decreased water usage, a change in the pool chemical vendor, and personnel savings. Popular Annual Financial Report 8 Town Council Page 186 of 201 Meeting Date: May 12, 2015 FY 15 FY 16 FY 17 FY 18 FY 19 Adopted Planning Planning Planning Planning Beginning Fund Balance 3,045,021$ 2,900,776$ 3,099,514$ 3,285,571$ 3,428,192$ Revenue: Property Tax 5,166,466 5,581,239 5,890,028 5,974,757 6,058,045 Franchise Fees 812,506 838,132 846,633 853,986 869,486 Sales Tax 676,323 693,731 711,600 803,445 827,381 Licenses and Permits 710,631 579,537 307,376 278,348 234,651 Fines and Fees 466,101 445,503 453,285 461,454 468,615 Intergovernmental 192,901 174,770 176,799 178,908 181,061 Charges for Service 260,852 265,008 269,235 273,535 277,906 Interest Revenue 6,000 7,000 8,000 12,000 18,000 Grant Revenue 77,018 - - - - Miscellaneous 118,550 105,632 107,745 109,893 112,075 Total Revenue 8,487,348 8,690,552 8,770,701 8,946,326 9,047,220 Expenditures: Personnel 6,027,651 6,247,784 6,394,551 6,541,046 6,690,133 Services/Supplies 1,954,139 1,972,337 1,967,851 2,040,416 2,068,653 Capital 275,803 282,693 233,243 233,243 233,243 Total Expenditures 8,257,593 8,502,814 8,595,645 8,814,705 8,992,029 Other Sources (Uses): Transfers In 11,000 11,000 11,000 11,000 11,000 Transfers Out (385,000) - - - - Total Other Sources (Uses)(374,000) 11,000 11,000 11,000 11,000 Net Increase (Decrease)(144,245) 198,738 186,056 142,621 66,191 Ending Fund Balance 2,900,776$ 3,099,514$ 3,285,571$ 3,428,192$ 3,494,383$ Fund Balance as % of Expenditures 35.13% 36.45% 38.22% 38.89% 38.86% General Fund Five Year Forecast Long Term Financial Planning Popular Annual Financial Report 9 Town Council Page 187 of 201 Meeting Date: May 12, 2015 Project Name Fund Funding Source Project Phase Description Total Prior Funding FY 2015 Total Indian Creek Reconstruction and Drainage Capital Projects Fund / Storm Drainage Fund 2013 CO & Denton County Contribution Construction Project will reconstruct four lanes of pavement, medians, and storm drainage improvements from Edgemere to Meadowbrook. The project will also construct new sidewalks along Indian Creek. The project also calls for paving and drainage reconstruction improvements along Meadowbrook. 672,437$ 1,159,904$ 1,832,341$ Pin Oak Court Capital Projects Fund / Storm Drainage Fund 2013 CO Planning Reconstruction of a neighborhood street and any needed storm drainage infrastructure repair or replacement.-$ 383,000$ 383,000$ Timberline Court Capital Projects Fund / Storm Drainage Fund 2013 CO Planning Reconstruction of a neighborhood street and any needed storm drainage infrastructure repair or replacement. $ - $ 154,000 $ 154,000 Pebble Beach Drive Capital Projects Fund / Storm Drainage Fund 2014 Tax Note & Fund Balance Planning Reconstruction of Pebble Beach Drive from Indian Creak to North Cul-De-Sac. $ - $ 783,000 $ 783,000 Broadway Creek Improvements and Amenity Storm Drainage Fund 2013 CO / Drainage Fund Operations Planning Drainage improvements to Broadway Creek and Amenity Lake Slopes. $ - $ 114,000 $ 114,000 Independence East Bleachers Capital Projects Fund 2010 GO Planning Install six angle frame bleachers on existing concrete slabs at Independence East Park. $ - $ 23,310 $ 23,310 Independence East Security Cameras Capital Projects Fund 2010 GO Planning Install security cameras at Independence East Park. $ - $ 22,484 $ 22,484 Cypress Court Drainage Inlets Storm Drainage Fund 2013 CO / Drainage Fund Operations Planning Install drainage inlets along Cypress Court $ - $ 30,000 $ 30,000 Lakeview Practice Soccer Fields Capital Projects Fund 2014 Tax Note & Fund Balance Planning Construct eight youth (under age eight) practice soccer fields on leased land from NISD by Lakeview Elementary. $ - $ 200,000 $ 200,000 Municipal and Police Services Facility Land Capital Projects Fund 2014 CO Planning Purchase of land for joint Town Hall / Police Station.-$ 2,500,000$ 2,500,000$ Subtotal: Projects in Progress/Currently Funded 672,437$ 5,369,698$ 6,042,135$ Projects in Progress and Currently Funded Projects Long Term Capital Planning Project Name Fund Funding Source Project Phase Description FY 2016 FY 2017 FY 2018 FY 2019 Municipal and Police Services Facility Capital Projects Fund Proposed Bonds Planning Construction of joint Municipal Complex and Police Station. x Dino Playground Parking General Fund General Fund Operations Planning Add twelve parking spaces to the Dino Playground. x Indian Creek Drive Capital Projects Fund Proposed Bonds Planning Reconstruction of Indian Creek Drive from Meadowbrook to Harmony Park. x Trophy Club Drive Capital Projects Fund Proposed Bonds Planning Street reconstruction southbound from Durango to Bobcat. x x Trophy Club Drive Capital Projects Fund Proposed Bonds Planning Street reconstruction from Marshall Creek roundabout to Meadow Creek. x x Trophy Lake Drive Capital Projects Fund Proposed Bonds Planning Street reconstruction from Village Trail to SH 114. x x Phoenix Drive Capital Projects Fund / Storm Drainage Fund Proposed Bonds Planning Reconstruction of a neighborhood street and any needed storm drainage infrastructure repair or replacement.x x Municipal Drive Street Maintenance Sales Tax Fund Street Maintenance Sales Tax Planning Street reconstruction. x Future Funded Projects Popular Annual Financial Report 10 Town Council Page 188 of 201 Meeting Date: May 12, 2015 The Town of Trophy Club celebrates its 30th anniversary in 2015, and the community of approximately 13,000 residents continues to flourish as one of the most desirable places to live in the Dallas-Fort Worth Metroplex. A solid residential market continues to draw home buyers to the area, and Trophy Club businesses benefit from the community’s tight-knit lifestyle and Shop Local attitude. 2014 was a fantastic year for Trophy Club marked by growth, infrastructure improvements and financial responsibilty. 2014 Accomplishments • Adopted new Town logo • S&P Bond rating upgraded to AA+ • Processed 193 residential permits • Several commercial projects in town: - Medical offices adjacent to Medlin Middle School - Phase 2 of The Commons opened - Construction of Holiday Inn - Approved final plat in The Highlands - Tom Thumb Fuel Station opened • Adopted $ 16.2 mil FY14-15 budget, lowered tax rate by almost 2% • Launched Co-Ed Adult Kickball League & Adult Bocce Ball League • Amended solicitation ordinance and implemented ‘No-Knock List’ • Constructed bridge connecting BNHS to The Highlands trail system • Partnered with TC Women’s Club to create ‘Trophy Club Travelers’ programs and ‘Keep TC Wild’ programs 2015 Goals In September 2014 the Town Council passed a fiscally responsible, balanced budget that laid out several goals for 2015, including: • A second Student Resource Officer to continue the partnership with Northwest Independent School District • Street and drainage improvements for Indian Creek and Meadowbrook Drive (both partially funded by Denton County) • Street and drainage improvements for Pin Oak Court, Pebble Beach Drive, Timberline Court, and Cypress Courts • Land acquisition and planning for a new Town Hall and Police Station • Reconstruction of eight practice soccer fields at Lakeview Elementary • Independence Park East security cameras and bleacher installation • Broadway creek and amenity lake slopes and drainage improvements • Continued public safety digital radio upgrades • EMS Ambulance replacement Town of Trophy Club Staff takes immense pride in providing professional, dependable and high quality service to the community. 2014 Annual Report Popular Annual Financial Report 11 Town Council Page 189 of 201 Meeting Date: May 12, 2015 Come Stay & Play in Trophy Club! Trophy Club has hotel and dining options to suit a variety of guest needs. Stay comfortably and enjoy several restaurants while playing in town. Find out why residents call Trophy Club ‘A Great Place to Call Home’! Popular Annual Financial Report 12 Town Council Page 190 of 201 Meeting Date: May 12, 2015 PARKS 1. Skyline Park 2. Harmony Park 3. Lakeview Park 4. Independence Park West 5. Community Pool 6. Independence Park East 7. Linear Park North 8. Freedom Park 9. Trophy Club Park SCHOOLS Lakeview Elementary 100 Village Trail Samuel Beck Elementary 401 Parkview Dr. Medlin Middle School 601 Parkview Dr. Bryon Nelson High School 2775 Bobcat Blvd. TROPHY CLUB PARKS & AMENITIES Ba s e b a l l F i e l d s Ba s k e t b a l l C o u r t s Ba t t i n g C a g e s Bo a t R a m p Bo c c e B a l l C o u r t s Co n c e s s i o n s Dis c G o l f - 1 8 H o l e Do g P a r k Ex e r c i s e S t a t i o n s Fo o t b a l l F i e l d Gri l l s Mo t o r i z e d T r a i l s Mu l t i u s e F i e l d s Pa v i l l i o n / G a z e b o Pic n i c T a b l e s Pla y g r o u n d Re s t r o o m s Sh a d e S t r u c t u r e So c c e r F i e l d s Sp l a s h P a d Sw i m m i n g P o o l Te n n i s C o u r t s Wa l k i n g T r a i l Wa t e r F o u n t a i n Skyline Park | 304 Ridge View Lane Harmony Park | 599 Indian Creek Drive Lakeview Park | 100 Village Trail Independence Park West | 501 Parkview Dr. Community Pool | 500 Parkview Drive Independence Park East | 500 Parkview Dr. Linear Park North (north of The Highlands) Freedom Park | 2675 Trophy Park Drive Trophy Club Park | 2885 Trophy Park Drive Trophy Club Parks Popular Annual Financial Report 13 Town Council Page 191 of 201 Meeting Date: May 12, 2015 Trails & Amenities at TCP 2885 Trophy Park Drive Popular Annual Financial Report 14 Town Council Page 192 of 201 Meeting Date: May 12, 2015 The Town of Trophy Club has many options for residents, businesses and visitors to stay updated on the latest news and information. As a bustling, dynamic community where activities abound and news cycles daily, stay informed on all things Trophy Club with a variety of online tools: www.TrophyClub.org www.TC-Exchange.org www.TCParks.org www.TrophyClubPark.org www.fb.com/TrophyClubGov www.twitter.com/TrophyClubGov www.youtube.com/TrophyClubGov Establishing a New Brand The Town Council adopted a new logo in January 2014 that reflects the community-wide Patriotic spirit, classic hometown values and neighborly culture. The new logo continues to be incorporated on marketing material, uniforms, park and directional signage, etc. The updated logo reinforces Trophy Club as a desirable place to live, do business and play. The new logo offers a clean, fresh look that compliments the community essence and lifestyle. Stay Informed & Engaged with the Town! www.trophyclubpark.org Town Council Page 193 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0324-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Town Council Liaison Updates; discussion of same: *Economic Development Corporation 4B, May 4, 2015 Council Liaison - Council Member Rhylan Rowe *Citizens Financial Advisory Board, May 11, 2015 Council Liaison - Mayor Pro Tem Greg Lamont Attachments: Action ByDate Action ResultVer. Town Council Liaison Updates; discussion of same: *Economic Development Corporation 4B, May 4, 2015 Council Liaison - Council Member Rhylan Rowe *Citizens Financial Advisory Board, May 11, 2015 Council Liaison - Mayor Pro Tem Greg Lamont Town Council Page 194 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0327-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Town Manager Seidel's update regarding the following; Council discussion and provide input regarding same. *Community Clean Up *Street CIP Attachments: Action ByDate Action ResultVer. Town Manager Seidel's update regarding the following; Council discussion and provide input regarding same. *Community Clean Up *Street CIP Town Council Page 195 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0328-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for May 26, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below item from the Future Agenda list: A. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28 Agenda) (2- Feb-10) (3-May-12). Attachments:May 26, 2015 Upcoming Agenda.pdf Items for Future Agendas updated 5-5-2015.pdf Action ByDate Action ResultVer. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for May 26, 2015 meeting and discussion of Future Agenda Items, to include discussion of the below item from the Future Agenda list: A. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28 Agenda) (2-Feb-10) (3-May-12). Town Council Page 196 of 201 Meeting Date: May 12, 2015 Meeting Date 5/26/2015 STAFF RPT RES ORD PROC File ID Dept JOINT MEETING WITH CCPD Town Sec Discussion with sports associations to include football and soccer.Town Sec Discussion of items from future agenda list:Town Sec Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-Nov 13) Consent STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Minutes dated April 28, 2015.Town Sec Consider and take appropriate action regarding an Ordinance to approve and adopt a Rate Schedule – “RRM – Rate Review Mechanism” for Atmos Energy Corporation, Mid-Tex Division. X Town Mgr Regular Session STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding an Interlocal Agreement with the Town of Westlake for illuminated street signs.X Town Mgr Consider and take appropriate action regarding Parks RFP.X Parks Consider and take appropriate action regarding compensation for Fiscal Year 2016.X Finance Consider and take appropriate action regarding minor Site Plan requirements as discussed at the February 24, 2015, Town Council meeting.X Com Dev Receive an overview of the hotel/motel tax funds.X Finance Consider and take appropriate action regarding selection of a Financial Advisor.X Finance Discuss and take appropriate action regarding acceptance of bids for street and drainage CIP improvements.Town Mgr Town Council Liaison Updates; discussion of same: Town Sec Town Manager Seidel's update regarding the following; discussion and provide input regarding same.Town Mgr Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for June 9, 2015 meeting and discussion of Future Agenda Items. Town Sec Executive Session STAFF RPT RES ORD PROC File ID Dept Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: Town Sec A. Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential Lease of Property Regular Session STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding the Executive Session.Town Sec Workshop Town Council Page 197 of 201 Meeting Date: May 12, 2015 Town Council Future Agenda Items List (Updated 5/5/2015) 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 Agenda) (2-Feb-10) (3-May-12) 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. 2. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13) (2-Feb-24) (3-May-26) 2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning position). 3. Consider and take appropriate action regarding policy on equipment schedule for replacement program. (Shoffner 8/26/2014) (1-Dec 9) (2-March 10) (3-June-9) 12/9/2014 – Council discussed and would like a policy brought back that encompasses a point system or measureable factors on a future agenda. 2/10/2015 – Discussed and approved CFAB projects and associated priorities. 4. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. (Rowe 9/9/2014) (1-Jan 13) (2-April-14) (3-July- 14) 2/10/2015 – Discussed and staff will work on school and traffic counts. 4/14/2015 – Received an update from Police Chief Arata proposing to let the current school year finish and then look at the option of removing the no parking restriction on Parkview from Park Lane south to Durango (currently working with the school). 5. Consider and take appropriate action regarding reviewing schedules of fees for outside baseball tournaments and capacity. (1-March 10) (2-June-9) Note: Town Manager Seidel is meeting with Baseball President during the week of March 9th. 6. Consider and take appropriate action regarding July 4 th festivities. (Sanders 1/13/2015) (1- April 14) (2-July-14) 4/14/2015 – Received an update from Mayor Sanders about contacting Jeannette Tiffany or Michelle Reed with the Stars and Stripes group about getting flags for your neighborhood (anticipate an update at the May 12th TC meeting). 7. Consider and take appropriate action regarding infrastructure assets being deeded over to the TCMUD No. 1. (Sanders 3/24/2015) (1-June-23) 8. Discussion of possible charter amendments. (Sanders 4/14/2015) (1-July-14) 9. 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) 10. Receive an update regarding the Community Garden, located within Harmony Park, and receive an update regarding the use agreement between Keep Trophy Club Wild (KTCW) and the Town. (Sanders 4/14/2015) (1-July-14) 11. Discussion and action related to town garage/special/estate/moving sales, etc. (Sanders 4/28/2015) (1-July-28) Town Council Page 198 of 201 Meeting Date: May 12, 2015 12. Review of ordinance to allow golf carts but not including special vehicles. (Sanders 4/28/2015) (1-July-28) 13. Discussion of and take appropriate action regarding changing the speed limit in the round- about from 20 to 30 miles. (Reed 4/28/15) (1-July-28) 14. Receive an update only regarding the Holiday Inn and have the owner and general contractor present in order to inform the citizens of their status. (Reed 4/28/15) (1-July-28) 15. Discussion of and take appropriate action regarding the Town involvement with the kickball organization for scheduling and establishing a body to represent the kickball players. (Rowe 4/28/15) (1-July-28) Town Council Page 199 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0329-T Name: Status:Type:Agenda Item Executive Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 551.074(a)(1) Personnel Matter. To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Appointment of Mayor Pro Tem B. Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person and Section 551.071(2) Consultation with Attorney to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: 1) Annex Building and Potential Lease or Purchase of Property 2) Conveyance of property to the TCMUD No. 1 Attachments: Action ByDate Action ResultVer. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into executive session to discuss the following: A. Section 551.074(a)(1) Personnel Matter. To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: Appointment of Mayor Pro Tem B. Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person and Section 551.071(2) Consultation with Attorney to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: 1) Annex Building and Potential Lease or Purchase of Property 2) Conveyance of property to the TCMUD No. 1 Town Council Page 200 of 201 Meeting Date: May 12, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0330-T Name: Status:Type:Agenda Item Regular Session File created:In control:5/4/2015 Town Council On agenda:Final action:5/12/2015 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 201 of 201 Meeting Date: May 12, 2015