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Minutes TC 08/02/2004NOTICE OF REGULAR/ WORKSHOP TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB AUGUST 2, 2004 LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS WORKSHOP SESSION 6:00 P.M. 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 Pamela Cates Roger Williams Beverly Foley STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Randy Briggs Adam Adams Beth Ann Gregory Jan Woodruff Dwight Morrow Neil Twomey Doyle Nicholson Mayor Mayor Pro Tem arrived 6:25 p.m. Council Member Council Member Council Member Council Member arrived at 6:59 p.m. Town Manager Town Secretary Finance Director Director of Police & Fire Services Parks and Recreation Administrator Information Services Manager Financial Analyst Ways & Means Advisory Group/EDC A Ways And Means Advisory Group Economic Development Corporation B BUDGET WORKSHOP TO REVIEW FY04-05 PROPOSED BUDGET. Roger Unger introduced the proposed budget explaining the proposed budget. Town Council and staff discussed proposed budget. ADJOURN WORKSHOP SESSION. Mayor Smith adjourned the workshop at 7:03 p.m. TOWN COUNCIL TO CONVENE INTO REGULAR SESSION *REGULAR SESSION— 7.00 P.M. STATE OF TEXAS COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Reception/Public HearinglWorkshop/Regular Session on Monday, August 2, 2004. The meeting was held within the boundaries of the Town and was open to the public. Page 2 Regular Session August 2, 2004 TOWN COUNCIL MEMBERS PRESENT: Scott Smith Scott Spence Susan Edstrom Pamela Cates Roger Williams Beverly Foley STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Randy Briggs Kerin Fleck Adam Adams Beth Ann Gregory Patricia Adams Jan Woodruff Doyle Nicholson James Hicks Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Finance Director Director of Police & Fire Services Planning and Zoning Coordinator Parks and Recreation Administrator Information Services Manager Town Attorney Financial Analyst Economic Development Corporation B Economic Development Corporation B CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Regular Session to order at 7:05 p.m. noting a quorum was present. INVOCATION. Chief Briggs gave the invocation. 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:' Officer Terri Simmons led the pledges. 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. TOWN COUNCIL TO OBSERVE A PRESENTATION OF MEDAL OF VALOR AWARD AND LIFE SAVING AWARD TO TROPHY CLUB POLICE OFFICERS AND TROPHY CLUB FIRE FIGHTERS. Chief Briggs awarded Officer Tyler and Fire Fighters Ring. Butsch and .Tones the Life Saving Award for aiding a Trophy Club resident at Harmony Park on May 14, 2004 and awarded the Medal of Valor Award to Officer Causey and Sgt. Robbins for an incident that occurred on May 24, 2004. TOWN COUNCIL TO OBSERVE A PRESENTATION BY SCOTT BECK OF BECK PROPERTIES REGARDING FUTURE DEVELOPMENT OF EAGLES RIDGE. Page 3 Regular Session August 2, 2004 Scott Beck was not available to make the presentation and requested to be placed on a future agenda. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE REGARDING A REQUEST BY THE HOME RULE CHARTER COMMISSION FOR $750. TO HAVE CHARTER REVIEWED BY A HOME RULE CONSULTANT, Don West explained the desire of the Horne Rule Charter Commission to have Dr. Del Tabel a Home Rule Charter Consultant review the Charter. Council Member Edstrom moved to approve; Council Member Foley seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO APPROVE BUDGETS FOR FY2004-2005: EDC — A Dwight Morrow was available for questions regarding the Economic Development Corporation A budget. EDC - B James Hicks was available for questions regarding the Economic Development Corporation B budget. Council Member Edstrom moved to approve the budgets for Fiscal Year 2004-2005 for Economic Development Corporations A and B. Mayor Pro Tem Spence seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING MINUTES DATED JULY 19,200 . Council Member Foley moved to approve the minutes dated July 19, 2004 as written. Mayor Pro Tem Spence. seconded; Council Member Williams abstained. Motion carried 4-0-1. Town Council rearranged the agenda to move into Executive Session at this time and go back to Workshop Session after executive session. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION Town Council convened into Executive Session at 7;40 p.m. 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 Q551.071 [a] & [b]): (1) Joslyn v. Trophy Club Municipal Utility District No. 2 and Town of Trophy Club, Cause No. 2004-50067-357 (2) Perfection Homes Inc., and Mark Carr v. Town of Trophy Club, Cause No. 2003- 50345-367 Page 4 Regular Session August 2, 2004 (3) Town of Trophy Club, Texas v. Town of Westlake, Texas, Cause No. 20-04-40094- 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 Road Repair/Road Usage Agreements Town Council reconvened into Regular Session at 9:20 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION (AGENDA ITEM NO 10). No action taken. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE REGARDING THE FORM OF THE ROAD REPAIR AGREEMENT FOR DRILLING OPERATIONS AND FOR A ROAD REPAIR AGREEMENT FOR PAD SITE 311 BETWEEN THE TOWN OF TROPHY CLUB AND STAR OF TEXAS ENERGY SERVICES; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS.. Patricia Adams shared listen talked to Rob Durbin today, rig to be moved in 1.5- 20 days. Pa recommends a meeting with Star of Tx to bring back to council on aug 16,b. No action taken. Rob Durbin asked that they meet very soon. TOWN COUNCIL TO CONVENE INTO WORKSHOP SESSION Town Council convened into workshop session at 9:22 p.m. WORKSHOP SESSION CALL TO ORDER AND ANNOUNCE A QUORUM. Town Council and staff discussed proposed budget. BUDGET WORKSHOP TO REVIEW FY04-05 PROPOSED BUDGET. Town Council and staff continued discussion of the fiscal year 2004-05 proposed budget. The Mayor asked that we keep a running list of budget concerns, those items were: Consider the need and timing of the time clock reader in information services; and adding additional funds to lawsuits in legal, ADJOURN WORKSHOP SESSION. Town Council adjourned the workshop at 11:00 p.m. Page 5 Regular Session August 2, 2004 ADJOURN. Council Member Williams mowed to adjourn at 11;00 p.m. Council Member Foley seconded; motion carried unanimously. *THE TOWN COUNCIL MAY CONVENE INTO EXECUTIVE ALLOWED BY THE TEXAS OPEN MEETINGS ACT, LGC 55J Town Secretary, of Trophy Club VA P RY