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Minutes TC 02/07/2005MINUTES OF WORKSHOPIREGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS Monday,February 7,2005 7:00 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,February 7,2005.The meeting was held within the boundaries ofthe Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Scott Spence Susan Edstrom Roger Williams Beverly Foley Pam Cates Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member STAFF AND GUEST(S)PRESENT: Donna Welsh Diane Cockrell Roger Unger Beth Ann Gregory Patricia Adams Town Manager Town Secretary Finance Director Community Development Manager Town Attorney A.l Call to order and announce a quorum. Mayor Smith called the Workshop/Regular Session to order at 7:05 p.m.noting a quorum was present. A.2 Invocation. Roger Unger gave the 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 and indivisible." Mayor Pro Tem Spence led the pledges. A.4 Public Works Citizen Advisory Group Workshop to discuss current/recent projects. This agenda item was heard after the Audit. Roger Unger explained that the group has reviewed the Indian Creek/Shields Court reconstruction project and the General Curb and Street Repair "bid"and they are getting ready to plan future road projects. Riley Mills shared that the Advisory Group recommends all alternates on the Indian Creek/Shields Court project. The new Cartagraph software has really turned out to be better than expected to create a database of all the streets and tracking the maintenance and restoration of streets. Page 2 Workshop/Regular Session February 7,2005 A.S Ways &Means Citizen Advisory Group Workshop to discuss current/recent projects. Roger Unger shared that the group has recently reviewed the Audit and discussed the 2005/2006 budgeting process.Neil Twomey,Dwight Morrow and Gary Cantrell were present for discussion.The group also has some members that would like to see a zero based budget. *REGULAR SESSION Discuss and take appropriate action regarding the approval of fiscal year end September 2004 Audit. Council Member Cates ,moved to table this item until the next meeting.Council Member Edstrom seconded. The motion failed 2-3-0 with Council Members Cates and Edstrom voting for the motion and Council Members Williams and Foley and Mayor Pro Tern Spence voting against. A.6 Chris Rutledge explained that there is a dramatic change in the presentation of the audit and financial statement, the audit found an "unqualified"opinion attached to the financial statements of the Town's 2004-2005 Audit. Council Member Cates moved to table the Audit until the February 2151Council meeting for consideration. Council Member seconded;motion carried unanimously. 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.t 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. Council and staff reports were given. B.3 Discuss and take appropriate action regarding an Ordinance calling a General Election for May 7, 2005 for Mayor and two Council Members. Council Member Williams moved to approve.Council Member Edstrom seconded;motion carried unanimously. B.4 Discuss and take appropriate action regarding accepting and awarding the Engineer's recommended bid for the 2005 Annual MiscellaneousConcrete Repair Project Council Member Foley moved to accept and award the bid to Driveway Maintenance in the amount of $82,600. as recommended by Teague,NaIl and Perkins.Council Member Edstrom seconded;motion carried unanimously. B.S Discuss and take appropriate action regarding accepting and awarding the Engineer's recommended bid for Paving and Drainage Improvements for Indian Creek Drive and Shields Court Project George Mikovsky of 5 Valley Wood Court addressed the Council. Council Member Edstrom moved to accept and award the base bid to McClendon Construction Company,Inc. addition of B,D and A contingent on the approval of the Municipal Utility District for the Indian Creek Drive project.Council Member Williams seconded;motion carried unanimously. Staff will come back with a bid for a curb cut at Valley Wood for consideration. Page 2 Workshop/Regular Session February 7,2005 Consent Agenda:Discuss and take appropriate action regarding a resolution endorsing certain legislative changes to Senate Bill 7 supported by Cities Aggregation Power Project,Inc."CAPP" Consent Agenda:Discuss and take appropriate action regarding Minutes dated January 17,2005. Consent Agenda:Discuss and take appropriate action to approve Financials dated December 31, 2004. Diane Cockrell requested the removal of item D.2 minutes dated January 17,2005 for discussion.Council Member Edstrom moved to approve D.1 CAPP Resoluti<:mand D.3 Finacials dated December 31,2004.Council Member Foley seconded;motion carried unanimously. Diane Cockrell shared that the minutes should show Scott Smith as present and Scott Spence as absent.Council Member Edstrom moved to approve.Council Member Foley seconded;motion carried unanimously. D.1 D.2 D.3 D.4 Additional Information for Council. All matters listed as Consent A2enda 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. The Council convened into Executive Session at 8:58 p.m. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION E.1 Pursuant to Texas Government Code,Annotated,Subchapter 551,Section 551.071 (a)and (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 proposed Sign Ordinance Council reconvened into Regular Session at 9:17 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION Discuss and take appropriate action regarding an ordinance repealing Town Ordinance No.2004- 02 P&Z,and adopting new provisions relating to sign regulations. Council Member Edstrom moved to approve as presented with recommended changes by P&Z as discussed. Council Member Williams seconded;motion carried 4-1-0 with Council Members Williams,Edstrom,Cates and Foley voting for and Mayor Pro Tern Spence voting against. F.1 F.2 Adjourn. CouncilMemberFoley movedto adjournat 9:29 p.m.CouncilMemberEdstromseconded;motioncarried unanimously. Page 2 Workshop/Regul February 7,2005