Minutes TC 07/19/2004MINUTES OF REGULAR/ PUBLIC HEARING TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
JULY 19, 2004
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
7:00 P.M. *REGULAR SESSION
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in Regular/Public Hearing
Session on Monday, July 19, 2004. The meeting was held within the boundaries of the Town
and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Scott Spence
Mayor Pro Tem
Susan Edstrom
Council Member
Pamela Cates
Council Member
Beverly Foley
Council Member
TOWN COUNCIL MEMBERS ABSENT:
Scott Smith Mayor
Roger Williams Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Diane Cockrell
Roger Unger
Kerin Fleck
Patricia Adams
Gene Hill
Jim Hicks
Tom Rutledge
Mike Crenshaw
Town Manager
Town Secretary
Finance Director
Planning and Zoning Coordinator
Town Attorney
Planning and Zoning Chairman
Economic Development Corp. B President
Teague, Nall and Perkins
Teague, Nall and Perkins
1. CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Pro Tem Spence called the Regular/Public Hearing Session at 7:03 p.m. noting a
quorum was present.
2. INVOCATION.
Roger Unger 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."
Donna Welsh 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
Page 2 Regular Session July 19, 2004
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.
Jennifer Winmill of 34 Sonora and Shawn Grenier 314 Parkview addressed the Council.
5. TOWN COUNCIL TO INTERVIEW APPLICANTS FOR THE ECONOMIC
DEVELOPMENT CORPORATION B.
• Michael Claussen
• Jenne Allen
• Kurt Tressel
Town Council interviewed the applicants.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
6. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING REGARDING AN
APPLICATION FOR A SPECIFIC USE PERMIT FOR: A 1.5 ACRE TRACT OF
LAND REFERRED TO AS "PAD 311" LOCATED APPROXIMATELY 309 FEET
WEST OF THE TOWN'S EAST CITY LIMIT AND APPROXIMATELY 660 FEET
NORTH OF MARSHALL CREEK ROAD, AND MORE PARTICULARLY
DESCRIBED AS BEING A TRACT OR A PARCEL OF LAND SITUATED IN THE T.
ALLEN SURVEY, ABSTRACT NUMBER 7, IN THE TOWN OF TROPHY CLUB,
DENTON COUNTY TEXAS AND BEING PART OF "TRACT 8A" CALLED
559.3807 ACRES CONVEYED TO BECK PROPERTIES TROPHY CLUB, L.P. BY
DEED RECORDED IN CLERK FILE NUMBER 93-R0087516 DEED RECORDS,
DENTON COUNTY TEXAS. (SUP -04-006)
Gene Hill reported that this request was addressed on July 19, 2004 by Planning and Zoning.
It is in compliance with the Town checklist and was unanimously approved and
recommended for approval. This is the 4`'' submittal from Star of Texas for a Gas Well
Supplemental Use Permit. The location is Approximately 660 feet north of Marshall Creek
Road and approximately 309 feet west of the Town's east city limit.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
7. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING A SPECIFIC USE PERMIT FOR: A 1.5 ACRE TRACT OF LAND
REFERRED TO AS "PAD 311" LOCATED APPROXIMATELY 309 FEET WEST OF
THE TOWN'S EAST CITY LIMIT AND APPROXIMATELY 660 FEET NORTH OF
MARSHALL CREEK ROAD, AND MORE PARTICULARLY DESCRIBED AS
BEING A TRACT OR A PARCEL OF LAND SITUATED IN THE T. ALLEN
SURVEY, ABSTRACT NUMBER 7, IN THE TOWN OF TROPHY CLUB, DENTON
COUNTY TEXAS AND BEING PART OF "TRACT 8A" CALLED 559.3807 ACRES
CONVEYED TO BECK PROPERTIES TROPHY CLUB L.P. BY DEED RECORDED
IN CLERK FILE NUMBER 93-R0087516 DEED RECORDS, DENTON COUNTY,
TEXAS. (SUP -04-006)
Rob Durban of Star of Texas was available for questions.
Page 3 Regular Session July 19, 2004
Council Member Edstrom moved to approve. Council Member Cates seconded. Motion
carried unanimously.
8. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING THE RATIFICATION OF A ROAD REPAIR AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB AND STAR OF TEXAS ENERGY
SERVICES; AND RATIFYING THE TOWN MANAGER'S AUTHORITY TO
EXECUTE ALL NECESSARY DOCUMENTS.
Donna Welsh explained that the formula and all other terms of the proposed road repair
agreement are the same as the formula and terms of the agreement approved by Council at the
May 3, 2004 meeting for Pad Site 11-1. Star of Texas failed to timely submit the information
needed for the Staff to complete the agreement and place it on the June 21, 2004 agenda for
Council consideration.
Because the formula and terms are the same as those in the agreement previously approved
by Council and because Star of Texas would have incurred a significant increase in costs if
they had not been allowed to begin work on Pad Site 2H for which this road repair agreement
is required, the road repair agreement was administratively approved contingent upon
Council ratification. To date, this has allowed Star of Texas to construct a road leading to the
site and to build up the pad site. Star of Texas has been informed that if Council does not
ratify the agreement, they will not be allowed to continue operations at Pad Site 2H until such
time as a road repair agreement is approved by Council.
Council Member Edstrom moved to approve. Council Member Foley seconded. Motion
carried unanimously.
9. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING A PRESENTATION REQUESTING A MERITORIOUS EXCEPTION
TO THE REQUIREMENTS SET FORTH IN TOWN ORDINANCE NO. 2004-02 P&Z,
SECTION 8 ENTITLED "COMMERCIAL SIGNS", PERTAINING SPECIFICALLY
TO THE MAXIMUM GROSS SURFACE AREA OF A PROGRAMMED
ELECTRONIC DISPLAY SIGN LOCATED ON THE FOLLOWING PROPERTIES:
A. LAKEVIEW ELEMENTARY, 100 VILLAGE TRAIL
B. SAMUEL BECK ELEMENTARY, 401 PARKVIEW DRIVE (APPLICANT:
DAKTRONICS, INC., ON BEHALF OF NORTHWEST INDEPENDENT
SCHOOL DISTRICT)
Kerin Fleck explained that Daktronics, Inc. is requesting meritorious exception for the
placement of two electronic display monument signs at Lakeview and Beck Elementary
Schools to the provisions of the Sign Ordinance; the maximum gross surface area is 50 square
feet. The proposed sign will be approximately 116 square feet, with the active message center
approximately 39 square feet.
Council Member Edstrom moved to approve. Council Member Foley seconded. Motion
carried unanimously.
10. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, APPROVING THE DENTON CENTRAL APPRAISAL
DISTRICT'S PROPOSAL TO ACQUIRE THE REAL PROPERTY AND
IMPROVEMENTS SITUATED IN DENTON COUNTY, TEXAS, KNOWN AS 3901
MORSE STREET, DENTON, TEXAS 76208; AND PROVIDING AN EFFECTIVE
DATE.
Page 4 Regular Session July 19, 2004
Kathy Williams of the Denton County Appraisal District was available to answer questions.
Council Member Edstrom moved to approve. Council Member Cates seconded. Motion
carried unanimously.
11. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, APPOINTING CITIZENS TO TWO (2) SEATS TO SERVE
ON THE ECONOMIC DEVELOPMENT CORPORATION A, THREE (3) SEATS ON
THE ECONOMIC DEVELOPMENT CORPORATION B, THREE (3) SEATS ON
THE PLANNING & ZONING COMMISSION, TWO (2) SEATS ON THE TREE
BOARD, FOUR (4) SEATS ON THE ZONING BOARD OF ADJUSTMENT AND
FOUR (4) ALTERNATES TO THE ZONING BOARD OF ADJUSTMENT;
DESIGNATING TERMS OF SERVICE FOR EACH; AND PROVIDING AN
EFFECTIVE DATE.
Council Member Edstrom moved to approve the appointments as presented including Jenne
Allen being appointed to the Economic Development Corporation B. Council Member Cates
seconded. Motion carried unanimously.
12. TOWN COUNCIL TO DISCUSS AND PROVIDE APPROPRIATE DIRECTION TO
STAFF REGARDING FUTURE ACTION TO ACCEPT FINANCING PROPOSAL
ON $650,000 NOTE FOR CONSTRUCTION OF BUILDING ADDITION.
Roger Unger asked for direction from the Council regarding the financing proposals. The
staff and the Bond Attorney will move forward to develop an Ordinance to be brought back
to the Council for action regarding approval of the financing. The Council indicated that
Roger Unger should move forward to develop the financing Ordinance.
13. TOWN COUNCIL TO DISCUSS AND PROVIDE DIRECTION TO STAFF AS
APPROPRIATE REGARDING 2004/2005 BUDGET.
Roger Unger updated the Council regarding the proposed budget. Staff is investigating the
possibility of bringing the landscape maintenance in-house. The Economic Development
Corporation B did agree to fund 100% of the pool operation. Donna Welsh added that a
budget workshop would be scheduled for August 2, 2004.
14. CONSENT AGENDA: ALL MATTERS LISTED UNDER CONSENT AGENDA ITEM
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.
A. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING AN INTERLOCAL AGREEMENT WITH DALLAS COUNTY
COMMUNITY COLLEGE DISTRICT, ON BEHALF OF CEDAR VALLEY AND
THE TOWN OF TROPHY CLUB FOR THE PURPOSE OF PROVIDING
TRAINING CLASSES FOR THE POLICE DEPARTMENT.
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING FINANCIALS DATED JUNE 30, 2004.
C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING MINUTES DATED .TUNE 21, 2004.
Council Member Edstrom moved to approve. Council Member Foley seconded; the
motion. Motion carried unanimously.
Page 5 Regular Session July 19, 2004
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
Town Council convened into Executive Session at 8:13 p.m. Town Council took a break at
10:22 p.m. and continued the executive session at 10:26 p.m.
EXECUTIVE SESSION
15. 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 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
ATTORNEY, AS ALLOWED BY TEXAS ATTORNEY GENERAL OPINION NO.
JM -238.
(1) Legal Advice Relative To FEMA Enforcement And Drainage Issues On
Skyline Drive.
(2) Legal Advice Relative To Road Repair/Road Usage Agreements
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
Town Council reconvened into Regular Session at 10:44 p.m.
*REGULAR SESSION
16. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION
REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION (AGENDA ITEM
NO 15).
No action taken.
Page 6 Regular Session July 19, 2004
17. ADJOURN.
Council Member Edstrom moved to adjourn at 10:44 p.m. Council Member Foley seconded.
Motion carried unanimously.
*THE TOWN COUNCIL MAY CONVENE INTO EXECUTIVE SESSION -TO DISCUSS POSTED ITEMS AS
ALLOWED BY THE TEXAS OPEN MEETINGS ACT, LGC 55L07L
Mayor, Tow r of/Trophy Club
ATTEST:
Towt c'retary, /Town of Trophy Club