Agenda Packet TC 04/18/2005Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, April 18, 2005
7:00 P.M.
A.1 Joint Workshop: Economic Development Corporation A and Economic Development
Corporation B.
A.2 Town Council, EDC A and EDC B to call to order and announce a quorum.
A.3 Invocation.
A.4 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.5 Presentation to the Town Council, EDC A and EDC B to discuss economic development
marketing programs in our community.
A.6 EDC A and EDC B to adjourn.
B.1 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.
B.2 Council/staff reports: this is an opportunity for Council and staff to provide brief updates
on projects and to provide public service announcements. It is not a time for the
expression of opinions, questions and answers, or discussion among staff and Council.
Discussion is limited to whether Council desires to have a topic placed on a future agenda
for future consideration.
C.1 Public Hearing: An application from Lake Cities Church of Christ for a Specific Use
Permit to allow a day care facility use on property located at 280 Indian Creek Drive, in
PD Planned Development Zoning District No. 24, known as Lake Cities Church of
Christ. (SUP-05-014)
C.2 Public Hearing: An ordinance amending Town Ordinance No. 2000-06 P&Z by
amending Article 3, Section 13 entitled "Use Table", subsection "F" entitled "Business"
and Subsection "G" entitled "Retail" to include Tanning Salons. (Applicant Ernie
Kennedy, Regency Centers) AMD-05-017
D.1 Discuss and take appropriate action regarding an application from Lake Cities Church of
Christ for a Specific Use Permit to allow a day care facility use on property located at
280 Indian Creek Drive, in PD Planned Development Zoning District No. 24, known as
Lake Cities Church of Christ. (SUP-05-014)
D.2 Discuss and take appropriate action regarding an ordinance amending Town Ordinance
No. 2000-06 P&Z by amending Article 3, Section 13 entitled "Use Table", subsection "F"
entitled "Business" and Subsection "G" entitled "Retail" to include Tanning Salons.
(Applicant Ernie Kennedy, Regency Centers) AMD-05-017
D.3 Discuss and take appropriate action regarding an ordinance adopting regulations
prohibiting keys left in the ignition of an unattended motor vehicle while the engine is
running.
D.4 Town Council to discuss and take appropriate action on awarding or declining the bids
for the Svore Municipal Building addition.
D.5 Town Council to discuss and take appropriate action regarding an alternate building
design to replace the portable Public Works buildings.
D.6 Consent agenda: Discuss and take appropriate action to approve financials dated March
2005.
D.7 Consent agenda: Discuss and take appropriate action regarding an ordinance repealing
Town Ordinance No. 2005-06, and re-enacting 2005-02 relating to the May 7, 2005
General Election.
D.8 Consent agenda: Discuss and take appropriate action to approve minutes dated April 4,
2005.
D.9 Consent agenda: Discuss and take appropriate action regarding a Proclamation to
dedicate May 5, 2005 as day of prayer in Trophy Club.
D.10 Additional Information for Council
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) &
(b) "Consultation with Attorney", the Council will enter into executive session to discuss
the following: (A) Consultation with Town 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 (551.071 (b)). (1) Legal Advice Relative to the open meetings act, Town Charter, fiduciary duties and
ethics laws, public information act, civil liability issues, and other general municipal
administrative legal issues.
F.1 Adjourn.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.A.1
Joint Workshop: Economic Development Corporation A and Economic
Development Corporation B.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.A.2
Town Council, EDC A and EDC B to call to order and announce a quorum.
(lr)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.A.3
Invocation.
(lr)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.A.4
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.A.5
Presentation to the Town Council, EDC A and EDC B to discuss economic
development marketing programs in our community.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.A.6
EDC A and EDC B to adjourn.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.B.1
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.
(lr)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.B.2
Council/staff reports: this is an opportunity for Council and staff to provide brief
updates on projects and to provide public service announcements. It is not a time
for the expression of opinions, questions and answers, or discussion among staff and
Council. Discussion is limited to whether Council desires to have a topic placed on a
future agenda for future consideration.
(lr)
Attachments: 1. None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.C.1
Public Hearing: An application from Lake Cities Church of Christ for a Specific
Use Permit to allow a day care facility use on property located at 280 Indian Creek
Drive, in PD Planned Development Zoning District No. 24, known as Lake Cities
Church of Christ. (SUP-05-014)
LOCATION: The site location is 280 Indian Creek Drive and is located generally to the east of
Glen Eagles Court, to the south of Indian Creek Drive and to the west of PD No. 7, the Plantation
Apartments.
OWNER: Lake Cities Church of Christ
APPLICANT: Lake Cities Church of Christ/Karen Black
NO. NOTICES SENT: Nineteen (19) mailed 8 April 2005
STAFF COMMENTS:
Purpose: To conduct a public hearing and consider a recommendation of a Specific Use Permit
for the use of a children’s day care facility in accordance with Section 44.1 B. 2, of the CZO.
Section 44.1.B.2 states:
“The following uses and structures may be established or
constructed only upon the issuance of a Specific Use Permit in
accordance with the provisions of this Ordinance. 2. Children’s
Day Care Center, unless otherwise specifically allowed. ”
Existing Condition of the Property: The church is located on approximately 4.2 acres and
consists of a church sanctuary, classrooms, kitchen, meeting rooms, administration offices, and a
parking lot. The property is zoned Planned Development - 24.
Staff Findings: In PD-24, a day care facility is not a listed permitted use, however, Section
44.1.B.2 does allow for day care uses via an SUP.
The property currently operates as a religious institution. As a service to the members of the
church, a “Mothers-Day-Out” program has been operating on a one (1) day a week basis.
Currently the hours of operation for the “Mothers-Day-Out” program are 9am to 2pm on
Wednesdays. The church is requesting to expand that service into a day care, starting in the fall
and will be in operation Monday through Thursdays from 9am to 2pm.
According to the applicant, no food service will be provided by the day care, the parents of the
students will provide lunches and snacks.
The anticipated enrollment for the day care will be approximately 54 students and 10 staff
members. Ordinance 2000-06, which created PD-24, requires that parking for the church be one
(1) space per 200 square feet of building area. Since the day care will be in operation during the
off times for the church, additional parking for the day care is not needed.
According to the submitted site plan, the applicant plans to construct a fence for a playground
area. The fence will be a black iron fence and will be six (6) feet in height. Any lighting that will
be added to the site must comply with Ordinance 2000-06, which regulates lighting on site.
The proposed day care facility appears to comply with all the requirements of the SUP.
Included in your backup is the applicant’s response to the Specific Use Permit Requirements
Planning & Zoning Commission Action: The Commission moved to unanimously recommend
approval of the request at their 17 March 2005 meeting.
(kcf)
Attachments: 1. Information Memorandum
2. SUP Application
3. Floor Plan
4. SUP Checklist
5. Site Plan
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.C.2
Public Hearing: An ordinance amending Town Ordinance No. 2000-06 P&Z by
amending Article 3, Section 13 entitled "Use Table", subsection "F" entitled
"Business" and Subsection "G" entitled "Retail" to include Tanning Salons.
(Applicant Ernie Kennedy, Regency Centers) AMD-05-017
EXPLANATION: Ernie Kennedy with Regency Centers is seeking an amendment to the
Comprehensive Zoning Ordinance in order to allow zoning for a tanning salon use. Currently
the Zoning Ordinance does not address tanning salon uses and therefore the use is prohibited.
Staff recommended Mr. Kennedy request an amendment to the Zoning Ordinance Use Table in
order to add provisions for the use. The following proposed ordinance designates the use be
allowed in CG – Commercial General and PD – Planned Development zoning districts.
Planning & Zoning Commission Action: The Commission moved to unanimously recommend
approval of this item at their 17 March 2005 meeting/
(kcf)
Attachments: 1. Information Memorandum
2. Ordinance
TOWN OF TROPHY CLUB
ORDINANCE NO. 2005-__ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING ARTICLE 3, SECTION 13, ENTITLED "USE TABLE",
SUBSECTION "F" ENTITLED "BUSINESS" AND SEBSECTION “G”
ENTITLED “RETAIL” TO INCLUDE TANNING SALONS; PROVIDING
FOR INCORPORATION OF PREMISES; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a building permit application was filed with the Permitting Department of
the Town of Trophy Club for a Tanning Salon use in a Non-Residential Zoning District;
WHEREAS, upon review of the application, the Planning & Zoning Department
determined the use was not defined in the Town’s Comprehensive Zoning Ordinance; and
WHEREAS, the current Comprehensive Zoning Ordinance for the Town does not
provide for tanning salon establishments, the Town Council wishes to modify the Zoning
Ordinance in order to provide for the regulation of such establishments; and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning
Commission and the 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 those public
hearings and all other relevant information and materials, the Planning & 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
NOW, THEREFORE BE IT ORDIANED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB;
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.
USE TABLE AMENDMENT
Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the
Town’s Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and
all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended
but are hereby ratified and affirmed:
Article 3, Section 13 – Use Table, subsection “F” entitled “Business” and subsection “G”
entitled “Retail” is amended as follows:
District Classifications
Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH R-OHP R-S MH CG CR NS PO GU PD
Tanning Salon S* S*
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall
not repeal any of the provisions of such Ordinances except for
those instances where there are direct conflicts with the provisions
of this Ordinance. Ordinances or parts thereof in force at the time
this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are
inconsistent with this Ordinance. Provided however, that any
complaint, action, claim or lawsuit which has been initiated or has
arisen under or pursuant to such Ordinance on the date of adoption
of this Ordinance shall continue to be governed by the provisions of
that Ordinance and for that purpose the Ordinance shall remain in
full force and effect.
SECTION4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as
to any and all violations of the provisions of any other Ordinance affecting zoning use
classifications which have secured at the time of the effective date of this Ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
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
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION6.
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 more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date 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 copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and 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 __ day of April, 2005.
_______________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Town Attorney
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding an application from Lake Cities
Church of Christ for a Specific Use Permit to allow a day care facility use on
property located at 280 Indian Creek Drive, in PD Planned Development Zoning
District No. 24, known as Lake Cities Church of Christ. (SUP-05-014)
EXPLANATION: Refer to Agenda Item No. C.1
(kcf)
Attachments: 1. Information Memorandum
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding an ordinance amending Town
Ordinance No. 2000-06 P&Z by amending Article 3, Section 13 entitled "Use
Table", subsection "F" entitled "Business" and Subsection "G" entitled "Retail" to
include Tanning Salons. (Applicant Ernie Kennedy, Regency Centers) AMD-05-017
EXPLANATION: Refer to Agenda Item No. C.2.
(kcf)
Attachments: 1. Information Memorandum
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding an ordinance adopting regulations
prohibiting keys left in the ignition of an unattended motor vehicle while the engine
is running.
EXPLANATION:
RECOMMENDATION: Staff Recommends Approval
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Ordinance
2. Memo from Tarrant Auto Task Force
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING REGULATIONS PROHIBITING KEYS LEFT IN THE
IGNITION OF AN UNATTENDED MOTOR VEHICLE WITH THE
ENGINE RUNNING; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR THE PROHIBITION OF UNATTENDED
MOTOR VEHICLES; PROVIDING EXCEPTIONS TO PROSECUTION;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PUBLICATION CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The Town Council of the Town of Trophy Club is authorized to enact
ordinances for the good governance of the Town; and
WHEREAS, the Town recognizes that an estimated 20% of stolen motor vehicles are
taken using keys either left in ignitions, trunks, or door locks and spare keys vehicle burglars find
elsewhere; and
WHEREAS, Section 545.404 of the Transportation Code has been interpreted to only be
enforceable only on “public highways”; and
WHEREAS, the Tarrant Regional Auto Theft Task Force has subsequently encouraged
all cities and counties to enact an Ordinance applicable to private property while excluding
private residences; and
WHEREAS, the Town finds it necessary and beneficial to the public welfare to adopt
regulations prohibiting keys left in the ignition of an unattended motor vehicle with or without
the engine running, within the Town Limits,
WHEREAS, the Town further finds that the regulations adopted herein are in the best
interest of the health, safety and general welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated into
the body of this Ordinance as if copied in their entirety.
SECTION 2.
PROHIBITION
A. Unattended Motor Vehicles Except as specifically provided herein, it shall be unlawful
and a violation of this Ordinance for any person to cause, allow, permit, or suffer any
vehicle registered in the name of or operated by such person:
1. To be parked and unattended upon any street or highway, or on public or private
property open and accessible to the public, with the engine running or key in the
ignition.
SECTION 3.
EXCEPTION
It is an exception to the offense specified herein (1) that the unattended vehicle is parked
in a private, single-family, residential driveway, or (2) that an unattended vehicle in any off-
street location is rendered un-drivable by an anti-theft device with no key in the ignition.
SECTION 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
the extent that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which has been initiated or has arisen under or pursuant to such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION 5.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as
to any and all violations of the provisions of any other Ordinance affecting traffic or
parking regulations which have secured at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such Ordinances same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
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
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 7.
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 more than Two Hundred Dollars ($200.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
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.
SECTION 10.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 14th day of April, 2005.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.D.4
Town Council to discuss and take appropriate action on awarding or declining the
bids for the Svore Municipal Building addition.
EXPLANATION:
The bids for the building addition were opened on March 30th. The low bid was
$728,000, which is over our $650,000 budget. The higher bids are due in part to
significantly increased site and foundation costs as a result of poorer than anticipated soil
test results. In addition, material costs have increased significantly since the initial
estimates.
The Town has the option to accept the higher bids and secure additional funds to move
forward with the planned addition or instruct staff to move forward with a stand-alone
building to replace the rented portable buildings within the existing budget.
RECOMMENDATION:
Given our current budget constraints, staff recommends that all the bids be declined and
other options be pursued.
ACTION BY COUNCIL:
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Attachments: 1. Bid Tabulations
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.D.5
Town Council to discuss and take appropriate action regarding an alternate
building design to replace the portable Public Works buildings.
EXPLANATION:
In light of the higher than expected bids for the Administration Building addition, staff
has provided an alternate plan. The following structure (approximately 4,100 sq. ft.)
could be built in approximately the same area as the same area as the portables within our
existing budget and would house the Community Development, Parks and
Water\Wastewater Departments. Public Safety would remain in their existing facilities.
RECOMMENDATION:
In order to meet our goal of replacing the rented portable buildings and remain within our
budget, staff recommends that the Town proceed with the alternate design.
ACTION BY COUNCIL:
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Attachments: 1. Proposed Design
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.D.7
Consent agenda: Discuss and take appropriate action regarding an ordinance
repealing Town Ordinance No. 2005-06, and re-enacting 2005-02 relating to the
May 7, 2005 General Election.
EXPLANATION:
This ordinance is provided in order to comply with the interpretation of the Elections Division of
the Secretary of State’s office that provides that unless all persons running for election are
unopposed, the Town must place all candidates names on the ballot and cannot take advantage of
the Election Code provision canceling a portion of the May 7, 2005 election. This ordinance
reinstates Ordinance No. 2005-02 calling the election for the Mayor and two Council members.
RECOMMENDATION:
ACTION BY COUNCIL:
(lr)
Attachments: 1.Ordinance
2. Exhibit A
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.D.8
Consent agenda: Discuss and take appropriate action to approve minutes dated
April 4, 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Minutes dated April 4, 2005.
MINUTES OF BUDGET WORKSHOP AND REGULAR TOWN
COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
MONDAY APRIL 4, 2005
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Workshop/Regular Session on Monday,
April 4, 2005. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith Mayor
Scott Spence Mayor Pro Tem
Susan Edstrom Council Member
Roger Williams Council Member
Beverly Foley Council Member
Pam Cates Council Member
TOWN COUNCIL MEMBERS ABSENT:
Pam Cates Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh Town Manager
Lisa Ramsey Interim Town Secretary
Roger Unger Finance Director
Beth Ann Gregory Community Development Manager
Patricia Adams Town Attorney
Mike Pastor IS Manager
Adam Adams Parks and Recreation Director
Randy Briggs Police and Fire Services Director
Sakura Dedrick Financial Analyst
A.1 Call to order and announce a quorum.
Mayor Smith called the Workshop/Regular Session to order at 6:10 p.m. noting a quorum was present.
Town Council convened into Executive Session at 6:10 p.m.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
A.2 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a) & (b)
"Consultation With Attorney", the Council will enter into executive session to discuss the
following:
A. Consultation with Attorney on pending or contemplated litigation or on a matter in which the
duty of the Attorney to the Governmental Body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act,
Section 551.071 (a) & (b)):
(1) Legal advice relative to pending litigation, to wit: Perfection Homes Inc., and Mark Carr
v. Town of Trophy Club, Cause No. 2003-50345-367. The Town may admit to the closed
meeting various agents and representatives retained by the Town of Trophy Club as experts for
the purpose of defending the Town in the pending lawsuit. Those agents and representatives
will provide information necessary for the Town Council to have full and unrestrained
communication with its attorneys. The presence of such expert agents and representatives is
necessary for full communication between the Town and its attorneys, as allowed by Texas
Attorney General Opinions, including Opinion No. JM-238.
(2) Town of Trophy Club, Texas v. Town of Westlake, Texas, Cause No. 2004-40094-362.
Town Council reconvened into Regular Session at 7:50 p.m.
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
*REGULAR SESSION
A.3 Invocation.
Roger Unger gave the invocation.
A.4 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Donna Welsh led the pledges.
A.5 Discuss and take appropriate action relative to Executive Session Item Number A2.
No action was taken for the items discussed in Executive Session.
B.3 Discuss and take appropriate action regarding a contract for Solid Waste and Recyclable Material
Collection with Trinity Waste Services.
Cheryl Brock, 426 Fountain Park, Euless, TX 76039
Representative of Community Waste Disposal thanked the Town for allowing them to submit their
proposal.
Council Member Williams moved to approve the contract with Trinity and also the language as amended
by legal. Council Member Spence seconded; motion carried unanimously.
TOWN COUNCIL TO CONVENE INTO WORKSHOP SESSION
Town Council convened into Workshop Session at 8:07p.m.
*WORKSHOP SESSION
A.6 Budget Workshop to discuss Fiscal year 05-06 Budget.
Sakura Dedrick/Financial Analyst along with the department heads gave a preliminary budget
presentation.
A.7 Adjourn Workshop session.
Town Council reconvened into Regular Session at 9:43 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
B.1 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.
There were no presentations.
B.2 Council/staff reports: this is an opportunity for Council and staff to provide brief updates on
projects and to provide public service announcements. It is not a time for the expression of
opinions, questions and answers, or discussion among staff and Council. Discussion is limited to
whether Council desires to have a topic placed on a future agenda for future consideration.
Updates were provided by staff and Council. Director Briggs went over crime stats.
B.3 Moved
B.4 Discuss and take appropriate action regarding an Ordinance canceling the May 7, 2005 election
for the two (2) Council Members.
Council Member Foley moved to approve. Council Member Williams seconded; motion carried
unanimously.
B.5 Discuss and take appropriate action regarding an ordinance repealing Town Ordinance No. 2004-
09, and adopting new provisions relating to auto theft prevention.
Donna Welsh advised that staff requested that this item be pulled and tabled until the 4/18/05 meeting.
Council Member Edstrom made a motion to table until a date certain April 18, 2005. Council Member
Spence seconded; motion carried unanimously.
D.1 Consent agenda: Discuss and take appropriate action regarding a resolution approving an
Interlocal Agreement with Roanoke for Automatic Aide and Mutual Aid for Fire Protection,
Emergency Medical Services, and Declared or Undeclared or Emergencies Endangering the
Public Health and Safety.
D.2 Consent agenda: Discuss and take appropriate action to approve minutes date March 21, 2005.
D.3 Consent agenda: Discuss and take appropriate action regarding a Proclamation of the Town
Council of the Town of Trophy Club, Texas, establishing the week of May 6 - 12, 2005 as Nurse
Appreciation Week in Trophy Club in conjunction with National Nurse Appreciation Week.
Council Member Edstrom moved to approve Consent Agenda.D.1. through D.3. Council Member
Spence seconded; motion carried unanimously.
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.
*REGULAR SESSION
E.1 Adjourn.
Council Member Foley moved to adjourn at 9:55 p.m. Council Member Williams seconded; motion
carried unanimously.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas
Open Meeting Act, LGC.551.071
_____________________________________
Scott Smith, Mayor, Town of Trophy Club
________________________________
Lisa Ramsey, Interim Town Secretary
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.D.9
Consent agenda: Discuss and take appropriate action regarding a Proclamation to
dedicate May 5, 2005 as day of prayer in Trophy Club.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
lr
Attachments: 1. Proclamation
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2005-_____
MAY 5, 2005 AS DAY OF PRAYER IN TROPHY CLUB
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, ESTABLISHING MAY 5, 2005 AS NATIONAL DAY OF PRAYER IN TROPHY
CLUB IN CONJUNCTION WITH THE NATIONAL DAY OF PRAYER TASK FORCE.
WHEREAS, Our nation was founded on a firm and faithful bedrock, by men who
recognized prayer as vital to the maintenance of a strong national character and necessary to
procure the blessings and protection of a just and benevolent God upon our government and
people; and
WHEREAS, In 1775, the Continental Congress first designated a National Day of
Prayer, an action reaffirmed in 1952 when the United States Congress designated the first
Thursday in May for its annual observance; and
WHEREAS, Prayer allows us an opportunity to reflect and to seek guidance, strength,
comfort and inspiration from Almighty God; and
WHEREAS, we continue to give thanks for the men and women of the military that are
defending freedom, and we humbly ask God for their protection and pray for peace throughout
the world; and
WHEREAS, the 2005 theme for the 54th National Day of Prayer is “God shed His grace
on thee;” and
WHEREAS, it is fitting and proper for our citizens to gather together on this day to
acknowledge our blessings, express gratitude and recognize the continuing need for strong
positive values to guide our communities, state and nation;
NOW, THEREFORE, I, MAYOR SCOTT SMITH, in conjunction with the Town
Council of the Town of Trophy Club, Texas by the Power vested in me as Mayor of Trophy
Club, hereby proclaim Thursday, May 5, 2005, as a DAY OF PRAYER in Trophy Club to
coincide with the NATIONAL DAY OF PRAYER and that this proclamation shall take
effect from and after its date of passage, in accordance with law; and it is so proclaimed
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 18TH day of April, 2005.
__________________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
__________________________________
Interim Town Secretary
Town of Trophy Club, Texas [SEAL]
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.D.10
Additional Information for Council
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Information Memorandum
2. Fire Services Monthly Report
3. Police Services Monthly Report
TROPHY CLUB DEPARTMENT OF
PUBLIC SAFETY
MONTHLY REPORT
FOR
INFORMATION ONLY
March 2005
Fire Services Bureau
Police Services Bureau
Criminal Investigation Division
2005 CASE LOG TROPHY CLUB
DATE OF OFFENSE Date Rec CASE STATUS
3/3/2005 Assault 3/9/2005 1 Arrest Pending Trial
Assault Count 1
3/17/2005 Assault BI 3/17/2005 E-Cleared/ No Prosecution
3/17/2005 Assault BI 3/17/2005 E-Cleared/ No Prosecution
3/28/2005 Assault BI 3/28/2005 Cleared - Case turned over to MCPD
3/28/2005 Assault BI 3/28/2005 Cleared - Case turned over to MCPD
3/28/2005 Assault BI 3/28/2005 Cleared - Case turned over to MCPD
3/28/2005 Assault BI 3/28/2005 Cleared - Case turned over to MCPD
Assault BI Count 6
3/5/2005 Assault FV 3/14/2005 1 Arrest Pending Trial
3/5/2005 Assault FV 3/14/2005 Case Cleared/Straight File with DA 1 Defendant
3/21/2005 Assault FV 3/21/2005 Active - Primary Investigation
Assault FV Count 3
3/18/2005 Burglary/ Building 3/28/2005 Inactive/ No Leads
Burglary/ Building Count 1
3/25/2005 Crim Att @ Fraud 3/28/2005 E-Cleared/ Fw'd to Secret Service Special Crimes
Crim Att @ Fraud Count 1
3/12/2005 Criminal Mischief 3/14/2005 E-Cleared/ No Prosecution
3/12/2005 Criminal Mischief 3/17/2005 Active - Primary Investigation
3/20/2005 Criminal Mischief 3/28/2005 Inactive/ No Leads
3/20/2005 Criminal Mischief 4/1/2005 E-Cleared/ No Prosecution
Criminal Mischief Count 4
3/9/2005 Criminal Trespass 3/14/2005 Case Unfounded/ Crim Trespass Notice Given
Criminal Trespass Count 1
3/2/2005 Disturbance Documents 3/2/2005 Unfounded/ No Offense
Disturbance Documents Count 1
3/16/2005 Drug Overdose 3/17/2005 Cleared/ No Action/ No Criminal Offense
Drug Overdose Count 1
3/3/2005 Dusrupt Transportation 3/9/2005 1 Juvenile Detention - Case filed in Municipal Ct
Dusrupt Transportation Count 1
3/1/2005 FLID 3/1/2005 Inactive/ No Leads
3/30/2005 FLID 4/1/2005 Primary Investigation
FLID Count 2
3/18/2005 Forgery 3/18/2005 Unfounded/ No Offense
Forgery Count 1
3/5/2005 Found Property 3/7/2005 Unfounded/ No Offense
3/17/2005 Found Property 3/17/2005 Active - Primary Investigation
3/17/2005 Found Property 3/18/2005 Active - Primary Investigation
3/25/2005 Found Property 3/28/2005 Inactive/ No Leads
3/29/05 Found Property 3/30/2005 Unfounded/ No Offense
Found Property Count 5
3/9/2005 Harassment 3/14/2005 Primary Investigation
Harassment Count 1
3/14/2005 Identity Theft 3/17/2005 E-Cleared/ Jurisdiction Lewisville PD/ Case in '04
3/29/2005 Identity Theft 3/29/2005 Unfounded/ No Offense
Identity Theft Count 2
3/18/2005 Information Report 3/18/2005 Cleared
Information Report Count 1
3/17/2005 MP - Runaway Child 3/28/2005 E-Cleared/ 1st Att/ 2nd will result in prosecution
3/17/2005 MP - Runaway Child 3/28/2005 E-Cleared/ 1st Att/ 2nd will result in prosecution
MP - Runaway Child Count 2
3/25/2005 Poss Drug Para 3/25/2005 On View - Citation Issued by Officer
Poss Drug Para Count 1
3/16/2005 Theft 3/18/2005 Unfounded/ No Offense
3/29/2005 Theft 3/30/2005 2 Arrests Pending Trial
3/29/2005 Theft 3/30/2005 2 Arrests Pending Triall
Theft Count 3
3/12/2005 Theft of US MAIL 3/14/2005 2 Juvenile Detentions - Cases Field Mun Ct
3/12/2005 Theft of US MAIL 3/14/2005 2 Juvenile Detentions - Cases Field Mun Ct
Theft of US MAIL Count 2
Grand Count 40
CID March 2005
Assault
3%Assault BI
15%
Assault FV
8%
FLID
5%
Forgery
3%Found Property
13%
Harassment
3%
Identity Theft
5%
Information Report
3%
Theft
8%
Theft of US MAIL
5%
MP - Runaway Child
5%
Poss Drug Para
3%
Burglary/ Building
3%
Crim Att @ Fraud
3%
Criminal Mischief
10%
Disturbance Documents
3%Disrupt Transportation
3%
Drug Overdose
3%
Criminal Trespass
3%
Patrol Services Division
Trophy Club DPS Patrol Services Divisi Monthly Statson
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TOTAL 120 39 47 197 1 3 4 1 6 219 43 14 169
Traffic Stops
17.29%
Traffic Citations
(Moving)
5.62%
Out of City Assistance
Calls
2.02%
Dispatched Calls
31.56%
Traffic Citations
(Non-moving)
6.77%Parking Citations
28.39%
Vehicle Searches
0.14%DWI Investigations
0.43%
Accidents
0.58%
Felony Arrests
0.14%
Misdemeanor
Arrest
0.86%
Number of Written Reports
6.20%
Traffic Stops
Traffic Citations
(Moving)
Traffic Citations
(Non-moving)
Parking Citations
Vehicle Searches
DWI Investigations
Accidents
Felony Arrests
Misdemeanor
Arrest
Dispatched Calls
Number of Written
Reports
Out of City
Assistance Calls
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.E.1
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071
(a) & (b) "Consultation with Attorney", the Council will enter into executive session
to discuss the following:
(A) Consultation with Town 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 (551.071 (b)).
(1) Legal Advice Relative to the open meetings act, Town Charter, fiduciary
duties and ethics laws, public information act, civil liability issues, and other
general municipal administrative legal issues.
(paa)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-18-2005
Subject: Agenda Item No.F.1
Adjourn.
(lr)