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Agenda Packet TC 01/19/2009Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, January 19, 2009 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. A.3 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 state under God, one and indivisible." A.4 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 three (3) 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. B.1 Discuss and take appropriate action regarding a request for a Community Sign Program and authorizing the Mayor or his designee to execute all necessary documents. (Applicant: High Trophy Development, LLC., Represented by Alvin Jackson, Director of Marketing and Sales). B.2 Discuss and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or his designee to execute necessary documents. B.3 Discuss and take appropriate action regarding the Three Proposed Charter Amendments previously submitted by the Charter Review Commission for the May 2009 ballot as revised by Staff and action taken by the CRC members, including receiving resignation of CRC members. A. 13. Clarify Grounds for Recall B. 16. Budget Process Enhancement C 18. Code of Ethics and Conduct 1 B.4 Discuss and take appropriate action regarding policies and procedures for implementing a community wide survey program. B.5 Update regarding consolidation plan for MUD1 and MUD2; Town dissolution of MUD2, including financial considerations and providing Fire Services; discuss and take appropriate action regarding same. B.6 Discuss and take appropriate action regarding an Ordinance amending Section 8.03, entitled "Community Development Department", Subsection F, entitled "Contractor Registration" of Article VIII, "Schedule of Fees", of Chapter 1 of the Code of Ordinances, entitled Administration". B.7 Items for Future Agenda. C.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: A. Legal advice related to consolidation of the MUD1 and MUD2; dissolution of MUD2. C.2 Discuss and take appropriate action relative to Executive Session Item Number C.1. D.1 Adjourn. 2 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.A.2 Invocation. Mayor Pro Tem Sterling will offer the Invocation. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.A.3 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 state under God, one and indivisible." Council member Strother will lead the Pledges. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.A.4 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 three (3) 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. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.B.1 Discuss and take appropriate action regarding a request for a Community Sign Program and authorizing the Mayor or his designee to execute all necessary documents. (Applicant: High Trophy Development, LLC., Represented by Alvin Jackson, Director of Marketing and Sales). PURPOSE (1) To add seven (7) center median development signs to market The Highlands at Trophy Club development and its amenities; (2) To replace three (3) existing directional information center median wooden signs in other areas of town. (Four (4) existing center median monument signs will remain); (3) To request one-year permits for temporary signage at several locations along Trophy Club Drive within the Highlands at Trophy Club; (4) To request financial assistance/programs from the Town of Trophy Club through the Beautification Program or by other funding options to build the proposed monuments for the Community Sign Program, as recommended by the Town of Trophy Club. APPLICANT: High Trophy Development, LLC 1221 E. I-35, Suite 200 Carrollton, TX 75006 Representative: Alvin Jackson Director of Marketing and Sales In June 2008, the Developer requested site locations to implement a community sign program that would allow the developer to market The Highlands at Trophy Club, its amenities and the entire community. At the July 7, 2008, Council meeting, Council recommended submittal of a Community Sign Program that would market existing and proposed site locations. The Council recommended several sign programs including the monument sign program outlined below. The developer is providing a proposed sign program that requires funding from the Town of Trophy Club. The proposal outlined below will add seven (7) new monument signs in median site locations along Trophy Club Drive in The Highlands at Trophy Club. The signs would provide direction for current and future residents, providing aid in finding various neighborhoods and amenities throughout The Highlands at Trophy Club. 7 SEVEN (7) NEW SIGNS As shown on Sheet S-2, the seven (7) new signs will be at the following locations: Trophy Club Drive and Quorum Drive (an existing temporary wood sign would be removed) Trophy Club Drive and Durango Drive Trophy Club Drive near Meadow Ridge Ridge Trophy Club Drive, Entrance of Neighborhood 6 Trophy Club Drive, Entrance of Neighborhood 8 Trophy Club Drive, Additional Entrance of Neighborhood 8 (end of Trophy Club Drive) Bobcat Blvd, East of Parkview Drive (Byron Nelson High School) Each proposed development sign will be designed in accordance with the Town of Trophy Club sign regulations. At Council’s request (from July 2008), the developer has revised the Community Sign Program to resemble the structure of the existing LED monument signage that will remain at the four locations noted below. The new monument signs will not have LED capability. 8 FOUR (4) EXISTING SIGNS THAT WILL REMAIN Trophy Club Drive in Front of Financial Bank Trophy Club Drive in Front of Fellowship United Methodist Church 9 Trophy Lake Drive in Front of Walgreens Trophy Wood Drive at Inverness As shown on Sheet S-3 (below), the seven (7) new signs will have a stone veneer base with a stone block edge and a stone veneer cap. The 12x12 stone veneer facing will have raised cast metal channel letters with the Town Logo (approved by The Town of Trophy Club) above the letters. The signs will have a finished floor with concrete footings on a lime subgrade. 10 Sheet S-7 (below) shows examples of the content of each sign. The content is preliminary and subject to change pending Town of Trophy Club final approval. 11 REPLACE THREE (3) EXISTING MEDIAN WOODEN SIGNS The developer has included in this program a proposal to remove three existing wooden signs upon approved funding from The Town of Trophy Club. The proposed sign replacements will be marquee monument signs. The three signs are located: On Trophy Club Coming Up to Intersection of Indian Creek Drive Indian Creek Drive at Skyline 12 Trophy Wood Drive at Pin Oak The above three wooden signs are proposed to be replaced by monuments signs as indicated on Sheet S-6 (below): While this program is being created, the Developer requests one-year permits for temporary signage at several locations along Trophy Club Drive. The wooden signs 13 would be similar to the temporary ground sign currently located in the center median on Trophy Club Drive between the Trophy Club Country Club Tennis Courts and the Church of Trophy Lakes which Council approved on July 7, 2008. A permit was issued on July 21, 2008. The existing face of the sign is 4-ft. high x 3-ft. wide which is difficult to read when driving past. For easier reading capability, permission is requested to increase the face of the temporary sign(s) to 4-ft. by 6-ft. Examples of the existing sign are below: 14 SUMMARY The applicant requests direction and permission from the Council for a Community Sign Program: 1. To add seven (7) center median development signs to market The Highlands at Trophy Club development and its amenities; 2. To replace three (3) existing directional information center median wooden signs in other areas of town. (Four (4) existing center median monument signs will remain); 3. To request one-year permits for temporary signage at several locations along Trophy Club Drive within the Highlands at Trophy Club; 4. To request financial assistance/programs from the Town of Trophy Club through the Beautification Program or by other funding options to build the proposed monuments for the Community Sign Program, as recommended by the Town of Trophy Club. Attachments: Letter of Request from June 2008 Sheets S-1 to S-7 15 June 24, 2008 Mr. Brandon Emmons Town Manager-Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 Re: Community Sign Program Proposal for Trophy Club Drive Dear Mr. Emmons, High Trophy Development, LLC. known as the “Developer,” for the Highlands at Trophy Club would like to request the opportunity to implement a permanent “Community Sign” sign program that would include various key median site locations along Trophy Club Drive. The Community Sign program will provide marketing for various builders and amenities to future residences for the Highlands at Trophy Club and Turnberry Addition. The first proposed Community Sign will be located at the south portion of the thoroughfare median located at the 800 block of Trophy Club Drive which is situated between the Church @ Trophy Lakes and the Trophy Club Tennis Center. As the phases and thoroughfare improvements near completion, The Developer will propose additional median site locations near various model home locations and along the completed Hwy 377 thoroughfare plan south of the new Byron Nelson High School. The Community Sign program will be updated occasionally to provide directions through the new development for a period not to exceed 84 months (December 31, 2015) or until the final home sale in the Highlands at Trophy Club and Turnberry Additions, which ever comes first. Attached with this letter is a copy of the site plan we would like the Town of Trophy Club to approve. By granting the Developer the right to install the permanent community sign, the Developer, would perform obligations set forth by all local and state regulated municipalities for the proper establishment of these site(s) including but not limited to the following: (i) permits, (ii) fees, and (iii) maintenance. At anytime, if the Community Sign(s) are damaged, the Developer will re-install a community sign of the same standards as approved by the Town of Trophy Club. After 84 months, the Developer will remove the sign program under written notice by the Town of Trophy Club. Any sections/locations that will be damaged when we remove the Community Sign will be resodded to the similar standards prior to the establishment of the site. Sincerely, ______________________ Alvin J. Jackson, Jr. Marketing/Sales 16 High Trophy Development, LLC. If you are willing to accept these terms outlined above and approve the site plan included herein, please have an authorized representative indicate so by signing below. Town of Trophy Club By: ___________________________ Printed Name: ___________________________ Date: ___________________________ 17 18 19 20 21 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.B.2 Discuss and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or his designee to execute necessary documents. EXPLANATION: This is an annual agreement for renewal. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1.Interlocal Memorandum of Understanding 22 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (“MOU”), is entered into as of the 19th day of January, 2009 by and between the Town of Trophy Club (“Owner”) having an address at 100 Municipal Drive, Trophy Club, TX 76262, and the Texas Department of Public Safety (“DPS”). Whereas, the DPS has requested the Town allow it to use a certain portion of a building currently utilized by the Trophy Club Police Department; and Whereas, the Town Council finds it to be in the best interest of public safety to cooperate with the Texas Department of Public Safety; and Whereas, Town Council of the Town of Trophy Club finds that the use of office space within the Trophy Club Police Department building will provide added law enforcement visibility within the Town which will be beneficial to the public and desires to enter into an agreement to authorize such use; and Whereas, the Town Council has determined that the execution of this MOU serves a valid governmental purpose and is beneficial to the general health, safety and welfare of the public. Now Therefore, in consideration of the mutual promises, conditions and covenants passing between the parties hereto, it is understood and agreed by and between the parties to this MOU as follows: This MOU authorizes the Texas Department of Public Safety, as well as any other personnel that support and/or audit the Texas Department of Public Safety, to access and/or use Office Space as designated for such as by the Chief of Police, located at 100 Municipal Drive, in Trophy Club, Texas, including the rights of ingress and egress to the office space and the right to use common areas such as bathroom facilities and parking space, to the extent such common areas are not part of the actual office space (‘Office Space”). 1. OWNER’S RESPONSIBILITIES 1.1.1. Providing the Texas Department of Public Safety with the means to access the Office Space, such as the keys and any access codes necessary to enter the Office Space. 2. TEXAS DEPARTMENT OF PUBLIC SAFETY’S RESPONSIBILITIES 2.1.1. Cleaning the Office Space, excluding any common areas. 2.1 .2. Providing the necessary furniture and office equipment for the Office Space, excluding any common areas. DPS shall provide all office supplies necessary for DPS operations. 3. Consideration: As consideration for the use the Office Space, DPS will provide valuable training and expertise on the investigation of motor vehicle accidents to the Trophy Club Police Department. 4. TERMS AND CONDITIONS 4.1. Term: The term of this MOU shall be for a period of one (1) year, commencing on the 21st day of January 2008, and terminating on the 20th day of January, 2009. The parties have the option to renew this MOU for 5 (five) additional terms of 1 (one) year each. Either party may terminate this agreement upon at least thirty (30) days written notice. 4.2. Title and Scope of Use: The Texas Department of Public Safety shall have no right, title or interest in the Office Space, except the right to use as detailed herein. However, this MOU only authorizes the Texas Department of Public Safety to use the Office Space and only imposes the responsibilities listed in Section #2 above. 23 4.3. Venue: Exclusive venue for any dispute arising out of this MOU shall be Denton County, Texas. 4.4. Choice of Law: This MOU shall be construed and governed by the laws of the State of Texas. 4.5. Severability Clause: If one or more provisions of this MOU, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of this MOU and the application of the provision to other circumstances shall remain valid and in full force and effect. 4.6. No liability for employees and officers: Each party to this MOU agrees that it shall have no liability whatsoever for the actions and/or omissions of the other party’s employees, officers or agents, regardless of where the individual’s actions and/or omissions occurred. Each party is solely responsible for the actions and/or omissions of its employees, officers and agents; however, such responsibility is only to the extent required by Texas law and each party preserves all defenses and liability limitations legally available to it. Where injury or property damage result from the joint or concurring acts and/or omissions of the parties, any liability shall be shared by each party in accordance with the applicable Texas law, subject to all defenses, including governmental immunity and liability limitations legally available. These provisions are solely for the benefit of the parties hereto and not for the benefit of any person or entity not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by law. Notwithstanding the foregoing, each third party law enforcement agency or entity providing peace officers or personnel to assist the Texas Department of Public Safety remain liable for the actions of its respective employees. These provisions are solely for the benefit of the parties and not for the benefit of any person or entity not a party to this MOU; nor shall any provision hereof be deemed a waiver of any defenses available by law. 4.7. Non-assignment: Neither party may assign or transfer this MOU or any interest in this MOU without the written consent of the other party. 4.8. Modifications or amendments: No modification or amendment to this MOU shall become effective unless in writing, signed by both parties, and approved by governing bodies as required by law. 4.9. Non-incorporation: This MOU embodies the entire agreement between the parties. There are no oral covenants, agreements, representations, warranties or restrictions between the parties regarding the Office Space. 4.10. Authority: Any individual signing this MOU on behalf of an entity represents and warrants that he has full authority to do so. 4.11. Notice/Contact: Any notice required or permitted under this MOU shall be directed to the respective Parties at the addresses shown below and shall be deemed given: (1) when delivered in hand and a receipt granted; (2) when received if sent by certified mail, return receipt requested; or (3) when received if sent by confirmed facsimile: If to the Texas Department of Public Safety: Captain Michael Lathan 350 West IH-30 Garland, Texas 75043 Office #: 214.861.2155 If to the Town of Trophy Club: G. Scott Kniffen Chief of Police 100 Municipal Drive Trophy Club, TX 76262 Office # 682.831.4655 24 Either of the parties may change its address or designated individual(s) to receive notices by giving the other party written notice as provided above, specifying the new address and/or individual and the date upon which it shall become effective. The undersigned parties bind themselves to the faithful performance of this MOU. FOR THE TEXAS DEPARTMENT OF PUBLIC SAFETY ________________________ Authorized Signature ________________________ Title ________________________ Date FOR THE TOWN OF TROPHY CLUB ________________________ Nick Sanders Mayor of Trophy Club ________________________ Date 25 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.B.3 Discuss and take appropriate action regarding the Three Proposed Charter Amendments previously submitted by the Charter Review Commission for the May 2009 ballot as revised by Staff and action taken by the CRC members, including receiving resignation of CRC members. A. 13. Clarify Grounds for Recall B. 16. Budget Process Enhancement C 18. Code of Ethics and Conduct EXPLANATION: Staff was asked to revise the following Proposed Amendments for Council’s Consideration: 13. Clarify Grounds for Recall 16. Budget Process Enhancement 18. Code of Ethics and Conduct Staff’s recommendations for amendments to Budge Process Enhancement and Code of Ethics and Conduct will be provided as a handout at the meeting. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Insert from Minutes dated January 5, 2009 2. CRC Draft Minutes dated January 9, 2009 3. January 9, 2009 Resignation 26 C.3 Comments from Planning & Zoning Chairman Gene Hill regarding Planning & Zoning Commission discussion and comment on changes to the Town of Trophy Club Code Of Ordinances, Chapter 13-Zoning, including without limitation, amending regulations regarding permitted uses for "CG" Commercial General zoning and other miscellaneous provisions as needed of Chapter 13 (ADM-08-029); Council discussion and appropriate action regarding same. Staff to make recommendations to restrict the ease of permitting Pawn Shops in Town. C.4 Discuss and take appropriate action regarding the 19 Proposed Charter Amendments submitted by the Charter Review Commission for the May 2009 ballot. Voting for directs staff to continue working ballot election: 1. Add One Councilmember For: Strother Opposed: Sterling, Edstrom, Moss 2. Change from At-Large to At-Large-by-Place Elections For: None Opposed: Sterling, Edstrom, Moss Abstained: Strother 3. Add Three Year Terms For: Strother, Sterling Moss Opposed: Edstrom 4. Resignation of Council Member Seat For: Strother, Sterling, Moss Opposed: Edstrom 5. Add Violates Any Express Prohibition of this Charter For: Strother Opossed: Sterling, Edstrom, Moss 6. Filling Vacancies For: Unanimous 7. Add Council Compensation For: Strother, Sterling, Moss Opposed: Edstrom 8. Add Mayor Voting On All Matters For: Strother Opposed: Sterling, Edstrom, Moss 9. Agenda Request For: Strother Opposed: Sterling, Edstrom, Moss 10. Conflict of Interest and Abstention Town Council Procedure For: Strother, Edstrom, Moss Abstained: Sterling 11. Clarify Appointment Procedure For: Unanimous 12. Comply with Texas Election Code For: Unanimous 13. Clarify Grounds for Recall Willing to move forward with removal of the actual terms (CRC version would not specify any Terms/ground/definitions. For: Strother, Moss Opposed: Sterling, Edstrom 27 Willing to move forward with clarifying and adding definitions on incompetency and malfeasance For: Unanimous 14. Reduce Recall Signatures Required For: Strother Opposed: Sterling, Edstrom, Moss 15. Reduce Required Signatures for Initiative and Referendum For: Strother Opposed: Sterling, Edstrom, Moss 16. Budget Process Enhancement Willing to move forward on PA as proposed. For: Opposed: Unanimously Willing to move forward with staff’s recommendation on a proposed amendment. Staff to bring back at the next meeting. For: Unanimously 17. Franchise Term For: Unanimous 18. Code of Ethics and Conduct Willing to move forward as proposed Opposed: Unanimous Willing to move forward directing staff to discuss section A and strike section B under proposed Amendment (Staff directed to bring back an amendment to section A at the next meeting) For: Unanimous 28 A. GROUNDS FOR RECALL DEFINITIONS ADDED: 6.01 Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town on any one or more of the following grounds: incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. In this section: A. “Incompetency” means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer’s election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. B. “Official misconduct” means intentional unlawful behavior relating to official duties by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. C. “Malfeasance” means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official’s rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do. 6.03 Form of Recall and Oath. The recall petition must be addressed to the Council, must distinctly and specifically state the ground or grounds upon which such petition for removal is predicated in order to sufficiently provide notice of the matter with which the Officer is charged and, if there be more than one (1) ground specified, such petition shall specifically state each ground with such certainty as to give the Officer sought to be removed notice of the matters and things with which he is charged on each ground. The signature shall be verified by oath in the following form: STATE OF TEXAS § COUNTY OF ____________§ 29 I, _____________________, being first duly sworn, on oath depose and say that I am one of the signers of the above petition and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. ____________________________________ Subscribed and sworn to before me this ________ day of ________________, 19__. ____________________________________ Notary Public, __________County, Texas 30 B. Budget Process Enhancement A handout will be provided at the meeting. 31 C. Code of Ethics and Conduct A handout will be provided at the meeting. 32 CRC DRAFT MINUTES Dated January 9, 2009 Location: Lake Cities Church A quorum was announced and the meeting was called to order at 5:30 pm. Attendees: Commissioners Bill Rose, Joel Quile, Roger Williams, Bob Downey, Scott Briggs, Melissa Klauss, Richard Hobday, Larry Crosser and Ben Brewster. Guests: Steven Kohs, Greg Lamont, Margi Cantrell, and Mayor Nick Sanders. Citizen Presentations: First Speaker- Ms. Margi Cantrell, Complimented the Commission on the quality of its workproduct and noted her disappointment that the Council (Council meeting of 1/05/09) did not agree to pass all 19 amendments to the voters for a decision on the May 09 ballot. Ms. Cantrell also recommended that the Commission reconsider adding term limits for the Town's elected officials. She noted that incumbents have an advantage and that term limits would give more residents an opportunity for leadership roles in our town. Second Speaker- Mr. Steven Kohs, noted his disappointment by how the Council reacted to the recommended amendments and echoed Ms. Cantrell's recommendation that term limits should be added to the list of amendments. He believes that the amendments should have been passed to the May election ballot and that the voters in Trophy Club should have the right to decide how the Town Charter is amended. Third Speaker- Mr. Greg Lamont, echoed the statements of previous speakers, recommending the addition of term limits to the amendment package and allowing Trophy Club residents/voters to decide the fate of the amendments. Fourth Speaker- Mr. Skip Scoggins, was strongly in favor of allowing Trophy Club's voters to decide whether amendments should be adopted and added to the Town's charter. Agenda Item B1: Consent Agenda for minutes from the 1/05/09 CRC Meeting. Vote was unanimous for approval with Ms. Klauss abstaining. Agenda Item C1: CRC related items from Council meeting on 1/05/09. Commissioner Joel Quile noted the support that Councilmember Kathleen Wilson has given to the CRC and that she attended several meetings, offered several ideas for the Commission's consideration and to date had supported passing all the amendments to the voters for a decision. Commissioner Williams noted that the CRC's work is completed and recommended that the members of the Commission resign. Mr. Williams moved that all members resign and that a letter of resignation be submitted to the town. Commissioner Crosser seconded. During discussion, Chairman Rose responded to a resident's question about how all 19 amendments could be placed on the May ballot. He explained that via a petition, qualified voters could force all 19 amendments to be placed on the May ballot or that the Council could be required to call a special election. He noted that using a scheduled election would be the least expensive method for presenting this matter to the voters. The vote was unanimous to resign. A letter of resignation was signed by all the Commissioners and presented to Mayor Sanders. Commissioner Downey moved to adjourn and Commissioner Williams seconded. Vote was unanimous to adjourn at 6:15 pm. 33 34 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.B.4 Discuss and take appropriate action regarding policies and procedures for implementing a community wide survey program. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Insert from Minutes dated December 15, 2008 35 C.8 Discuss and take appropriate action regarding policies and procedures for implementing a community wide survey program. Town Manager Emmons stated that staff was asked to conduct research into different surveying tools that would provide a more secure and accurate mechanism than our current system. Staff found an online survey that can tie back into the utility billing system for user verification. Along with the verification, a PIN will be provided on the utility bill each month. The cost to develop the interface and the survey tool is estimated at $5,000. It’s a one time charge with unlimited usage. Emmons asked for Council to set guidelines for conducting surveys. Mayor Sanders confirmed that the IT department reviewed the software/network capabilities. Sanders asked the Council to remember the age of some residents Town Manger Emmons stated that the $5,000 cost is not budgeted and suggested that the MUDs might be interested in splitting the cost. Council member Edstrom stated concern that people might get inundated with surveys. Council member Wilson clarified that her direction to Town Manager Emmons was to work with the IT Director in order to provide a recommendation to the Council. Wilson commented that the Town’s website posts language encouraging community involvement and that surveys are one way to accomplish this. Council directed Town Manager Emmons to research funding options and to also develop guidelines for surveys. Town Manager Emmons stated he would bring this item back to Council at their second meeting in January. 36 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.B.5 Update regarding consolidation plan for MUD1 and MUD2; Town dissolution of MUD2, including financial considerations and providing Fire Services; discuss and take appropriate action regarding same. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1.None 37 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.B.6 Discuss and take appropriate action regarding an Ordinance amending Section 8.03, entitled "Community Development Department", Subsection F, entitled "Contractor Registration" of Article VIII, "Schedule of Fees", of Chapter 1 of the Code of Ordinances, entitled Administration". EXPLANATION: This Ordinance will allow a registration fee for Licensed Irrigators. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Ordinance 38 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED “ADMINISTRATION”, ARTICLE VIII, ENTITLED “SCHEDULE OF FEES”, SECTION 8.03, ENTITLED “COMMUNITY DEVELOPMENT DEPARTMENT”, SUB-SECTION F ENTITLED “CONTRACTOR REGISTRATION” BY ADDING A REGISTRATION FEE FOR IRRIGATORS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT LESS THAN ONE DOLLAR ($1.00) AND NOT MORE THAN 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, the Town requires certain contractors providing services within its boundaries to register their names and business information with the Town so that the Town is aware of contractors providing services within its boundaries and requires such contractors to pay a fee to cover the costs of that registration; and WHEREAS, it was determined that there is a need to add Irrigators to the list of contractors that should be registered with the Town; and WHEREAS, the Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town, and based upon those costs, the Town has determined the amount of fee that reasonably covers the costs for registration of Irrigators; and WHEREAS, the Town has determined that the amount of fee imposed for the registration of Irrigators is reasonable, covers administrative costs of registration of such 39 contractors and is necessary to protect the health, safety and welfare of its residents receiving services from such contractors; 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. AMENDMENTS 2.03 Article VIII entitled, “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.03, entitled “Community Development Department”, Subsection F, entitled “Contractor Registration” is hereby amended to add a fee for the registration of ”Licensed Irrigators” so that Section 8.03(F) shall be and read in its entirety as follows: F. Contractor Registration Master Electrician $125.00 HVAC $125.00 Fire Protection $125.00 Irrigation $125.00 Master Plumber $125.00 Backflow Testing $75.00 All Registration Renewals $50.00 SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Schedule of Fees 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 40 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 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. PENALTY It shall be unlawful for any person to recklessly violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. 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 19th day of January, 2009. _______________________________ Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary, Lisa Hennek Town of Trophy Club, Texas 41 [SEAL] _______________________________ Town Attorney, Patricia Adams Town of Trophy Club, Texas 42 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.B.7 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: 1. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. (Mayor Sanders - Cates) 2. Town Manager Emmons to report on the sound barrier issues on the east side and conversations with TXDOT, and discussion of same. (Wilson) 3. Establish and implement a process for Hotel inspections. (Edstrom added on 1/21/08) 4. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom – 4/21/08) 5. Discuss and take appropriate action regarding Real Estate signs and their placement, including potential amendments to Chapter 5, "General Land Use," Article IV, "Sign Regulations," Section 4.05, "Temporary Signs," D, "Real Estate Signs." 6. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom – 10/20/08) 7. Discuss and take appropriate action regarding the Citizen of the Year guidelines, criteria and voting process, consider moving the deadlines for submission of nominees, and changing the selection of Citizen of the Year to the month of May. 8. Discuss and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. 43 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.C.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", the Council will enter into executive session to discuss the following: A. Legal advice related to consolidation of the MUD1 and MUD2; dissolution of MUD2. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 44 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.C.2 Discuss and take appropriate action relative to Executive Session Item Number C.1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 45 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-19-2009 Subject: Agenda Item No.D.1 Adjourn. 46