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Agenda Packet TC 07/19/2004NOTICE 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 1. CALL TO ORDER AND ANNOUNCE A QUORUM. 2. INVOCATION. Km9B01IT"BE$] IW.101LTi[N.11emyW:T" PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG. "Honor the Texas flag; I pledge allegiance to thee, Texas one and indivisible." 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. 5. TOWN COUNCIL TO INTERVIEW APPLICANTS FOR THE ECONOMIC DEVELOPMENT CORPORATION B. • Michael Claussen • Jenne Allen • Kurt Tressel TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING I all 3 0 to:I11<1710#1 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) TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION Page 2 Regular Session July 19, 2004 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) 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. 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) 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. 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. 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. Page 3 Regular Session July 19, 2004 13. TOWN COUNCIL TO DISCUSS AND PROVIDE DIRECTION TO STAFF AS APPROPRIATE REGARDING 2004/2005 BUDGET. 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 30,200 . C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING MINUTES DATED JUNE 21, 2004. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION 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 Page 4 Regular Session July 19, 2004 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 *REGULAR SESSION 16. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION (AGENDA ITEM NO 15). 17. ADJOURN. * THE TOWN COUNCIL MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, LGC 551.071. CERTIFICATION I CERTIFY THAT THE ABOVE NOTICE WAS POSTED ON THE FRONT WINDOW OF THE TROPHY CLUB M.U.D. BUILDING, 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS ON July 15, 2004 AT APPROXIMATELY 5:00 P.M., I FURTHER CERTIFY THAT THE FOLLOWING NEWS MEDIA WAS PROPERLY NOTIFIED: TROPHY CLUB TIMES, KELLER CITIZEN, FORT WORTH STAR TELEGRAM, DALLAS MORNING NEWS. Diane Cockrell, Town Secretary THIS FACILITY IS WHEELCHAIR ACCESSIBLE AND ACCESSIBLE PARKING SPACES ARE AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETIVE SERVICES MUST BE MADE 72 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT DIANE COCKRELL, AT 682-8314601 SO APPROPRIATE ARRANGEMENTS CAN BE MADE.