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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: bg 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: bg 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 Tr a f f i c S t o p s Tr a f f i c C i t a t i o n s (M o v i n g ) Tr a f f i c C i t a t i o n s (N o n - m o v i n g ) Pa r k i n g C i t a t i o n s Ve h i c l e S e a r c h e s DW I I n v e s t i g a t i o n s Ac c i d e n t s Fe l o n y A r r e s t s Mi s d e m e a n o r Ar r e s t Di s p a t c h e d C a l l s Nu m b e r o f W r i t t e n Re p o r t s Ou t o f C i t y A s s i s t a n c e Ca l l s Da y s W o r k e d 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)