Minutes TC 08/16/2004MINUTES OF WORKSHOP/PUBLIC HEARING/REGULAR
TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
AUGUST 16 2004
*WORKSHOP SESSION— 6.00 P.M.
*REGULAR SESSION — 7:00 P.M.
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
WORKSHOP SESSION 6:00 P.M.
1. CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Workshop to order at 6:05 p.m.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Scott Spence
Susan Edstrom
Pam Cates
Roger Williams
Beverly Foley
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Diane Cockrell
Randy Briggs
Adam Adams
Xerin Fleck
Beth Ann Gregory
Jan Woodruff
Barbara Allen
Dwight Morrow
Gary Cantrell
Bob Fair
Neil Twomey
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Town Secretary
Director of Police & Fire Services
Parks Administrator
P&Z Coordinator
TIS Manager
Financial Analyst
Court Administrator
Ways & Means Advisory Group
Ways & Means Advisory Group
Ways & Means Advisory Group
Ways & Means Advisory Group
2. BUDGET WORKSHOP TO REVIEW FY04-05 PROPOSED BUDGET.
Town Council, Staff and the Ways and Means Advisory Group discussed proposed budget.
3. ADJOURN WORKSHOP SESSION.
Mayor Smith adjourned the Workshop at 7:17 p.m.
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
*REGULAR SESSION — 7:00 P.M.
STATE OF TEXAS
Page 2 Regular Session August 16, 2004
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in Workshop/Public Hearing/Regular
Session on Monday, August 16, 2004. The meeting was held within the boundaries of the Town
and was open to the public.
L CALL TO ORDER AND ANNOUNCE A (QUORUM.
Mayor Smith called the Regular Session to order at 7.26 p.m. noting a quorum was present.
2. INVOCATION.
Pearl O. Ford gave the invocation.
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 and indivisible."
Adam Adams led the pledges.
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.
Robert Radder of 1 Lee Court and Kathleen Wilson of 34 Meadowbrook Lane addressed the
Council.
5. 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.
Council and staff reports were given.
Town Council convened into Public Hearing at 7:50 p.m.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
6. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING THE
BUDGET FOR FISCAL YEAR OCTOBER 1 2044 TO SEPTEMBER 30 2045.
There were no citizen comments.
7. TOWN COUNCIL TO CLOSE THE PUBLIC HEARING.
Town Council reconvened into Regular Session at 7:52 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
Page 3 Regular Session August 16, 2004
*REGULAR SESSION
8. TOWN COUNCIL TO OBSERVE A PRESENTATION BY SCOTT BECK OF BECK
PROPERTIES REGARDING FUTURE_ DEVELOPMENT OF EAGLES RIDGE AND
TO DISCUSS SAME.
Scott Beck presented proposed future development of Beck Properties land including a future
high school. Eagles Ridge will include homes in the $350,000 to $400,000 price range. Paul
Spain of Tara Development added that approximately 150 lots would be developed in three
phases for custom homes.
9. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING MINUTES DATED AUGUST 2.2004.
Council Member Foley moved to approve as written. Mayor Pro Tem Spence seconded; motion
carried unanimously.
Town Council convened into Executive Session at 8:18 p.m.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
10. PURSUANT TO TEXAS GOVERNMENT CODE, ANNO'T'ATED, 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 CONFLICTS WITH THE OPEN MEETINGS ACT (§551.071 [a] &
[b]):
(1) Joslyn v. Trophy Club Municipal Utility District No. 2 and Town of Trophy
Club, Cause No. 2004-50067-367
(2) Perfection Homes Inc., and Mark Carr v. Town of Trophy Club, Cause No..
2003-50345-367
(3) Town of Trophy Club, Texas v. Town of Westlake, Texas, Cause No. 2004-
40094-362
(4) Jeremy Denney v. Town of Trophy Club, Cause No. 2004-60732-393
B. 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 CONFLICTS WITH THE OPEN MEETINGS ACT (§551.071 [A] &
[B]). THE TOWN MAY ADMIT TO THE CLOSED MEETING
REPRESENTATIVES FROM THE TOWN ENGINEER'S FIRM AND OTHER
STAFF AND CONSULTANTS WHOSE PRESENCE IS NECESSARY FOR FULL
AND EFFECTIVE COMMUNICATION BETWEEN THE TOWN AND ITS
Page 4 Regular Session August 16, 2004
ATTORNEY, AS ALLOWED BY TEXAS ATTORNEY GENERAL OPINION NO.
JM -238.
(1) Legal Advice Relative To Road Repair/Road Usage Agreements
Town Council reconvened into Regular Session at 9:19 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
11. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION (AGENDA ITEM
NO 10).
No action taken.
Town Council convened into Workshop Session at 9:20 p.m.
TOWN COUNCIL TO CONVENE INTO WORKSHOP SESSION
* WORKSHOP SESSION
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Mayor
Scott Spence
Mayor Pro Tem
Susan Edstrom
Council Member
Pam Cates
Council Member
Roger Williams
Council Member
Beverly Foley
Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Town Manager
Diane Cockrell
Town Secretary
Kerin Fleck
P&Z Coordinator
Tom Rutledge
Teague, Nall and Perkins
Rob Durbin
Star of Texas
Ray LeDesma
Star of Texas
Mike McCravy
Star of Texas
Chuck Traxlor
Winchester Production Co.
Doug Mitchell
Winchester Production Co.
Mark Schumacher
Winchester Production Co.
Matthew Curry
Progress Fuels
1. CALL TO ORDER AND ANNOUNCE A QUORUM.
The workshop was called to order at 9:2.0 p.m.
2. WORKSHOP TO DISCUSS ROAD REPAIR AGREEMENT.
Discussion of the road repair agreement ensued.
Town Council convened into Executive Session at 10:05 p.m.
Page 5 Regular Session August 16, 2004
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
B. 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 CONFLICTS WITH THE OPEN MEETINGS ACT Q551.071 [A] &
[B]}. THE TOWN MAY ADMIT TO THE CLOSED MEETING
REPRESENTATIVES FROM THE TOWN ENGINEER'S FIRM AND OTHER
STAFF AND CONSULTANTS WHOSE PRESENCE IS NECESSARY FOR FULL
AND EFFECTIVE COMMUNICATION BETWEEN THE TOWN AND ITS
ATTORNEY, AS ALLOWED BY TEXAS ATTORNEY GENERAL OPINION NO.
JM -235.
{1} Legal Advice Relative To Road Repair/Road Usage Agreements
Town Council reconvened into Regular Session at 10:32 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
"REGULAR SESSION
11. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION.
No action taken
TOWN COUNCIL RECONVENED INTO WORKSHOP
2. WORKSHOP TO DISCUSS ROAD REPAIR AGREEMENT.
Road repair agreement discussion continued.
3. ADJOURN WORKSHOP SESSION.
The workshop adjourned at 10:48 p.m. and Town Council reconvened into Regular Session.
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
*REGULAR SESSION
12. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING THE FORM OF THE ROAD REPAIR AGREEMENT FOR
DRILLING OPERATIONS AND FOR A ROAD REPAIR AGREEMENT FOR PAD
SITE 3H BETWEEN THE TOWN OF TROPHY CLUB AND STAR OF TEXAS
ENERGY SERVICES; AND AUTHORIZING THE TOWN MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS.
Mayor Pro Tem Spence moved to approve the form; amending the formula variables to change
replacement cost per square yard to reflect: $9. for asphalt pavement, $54. for 6" TK HMAC
pavement, and $60. for 8"TK CONCRETE PAVEMENT and revise the whereas clauses to
reflect the AASHTO (American Association of State Highway Transportation Officials)
definition for damages. Council Member Williams seconded; motion carried 4-1-0 with Mayor
Page 6 Regular Session August 16, 2004
Pro tem Spence and Council Members Williams, Cates and Foley voting for and Council Member
Edstrom voting against.
13. ADJOURN.
Council Member Williams moved to adjourn at 10:51 p.m. Council Member Spence seconded;
motion carried unanimously.
* THE TOWN COUNCIL MAY CONVENE INTO EXECUTIVE SESSIRN TO DISCUSS POSTED ITEMS AS
ALLOWED BY THE TEXAS OPEN MEETINGS ACT, LGC 551.074
v Wyor, Town
Town Secretary, T n of Trophy Club
Club