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Minutes TC 08/04/2003MINUTES OF TOWN COUNCIL WORKSHOP SESSION AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB AUGUST 4, 2003 WORKSHOP SESSION — 6:00 P.M. *REGULAR SESSION — 7:00 P.M. LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS STATE OF TEXAS COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Workshop and Regular Session on Monday, August 4, 2003. The meeting was held within the boundaries of the Town and was open to the public. WORKSHOP SESSION— 6: 00 P.M. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Beverly Foley Susan Edstrom Bill Matthai Scott Spence Roger Williams STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Robert De Los Santos Jan Woodruff Beth Ann Gregory Pete Reinke J.D. Harvey Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary Finance Director Director of Police and Fire Services Financial Analyst US Manager Ways & Means Ways & Means 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Workshop session to order at 6:02 p.m. noting a quorum was present. 2. BUDGET WORKSHOP TO REVIEW FY03-04 PROPOSED BUDGET. Roger Unger gave an overview of the FY03-04 proposed budget. 3. ADJOURN WORKSHOP SESSION. Workshop adjourned at 6:56 p.m. *REGULAR SESSION— 7.00 P.M. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Beverly Foley Mayor Pro Tem Susan Edstrom Council Member Bill Matthai Council Member Scott Spence Council Member Roger Williams Council Member Page 2 Workshop and Regular Session August 4, 2003 STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Roger Unger Finance Director Patricia Adams Town Attorney Robert De Los Santos Director of Police and Fire Services Gene Hill. Planning and Zoning Chairman Clayton Reed Planning and Zoning 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Regular session to order at 7:09 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." Scott Spence 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. Tom Ritz of 3 Cimarron submitted the following for the record: Hello Donna And Beth Ann, It was very kind of both of you to call me this morning. Thank you for taking the time to completely explain that NO ONE IS GOING TO ELIMINATE THE COMMITTEES! When I sent my e-mail this morning, I thought the Mayor was going to drive his Mustang through the wall, jump out with fatigues, a beard, and a cigar, and declare himself "Dictator for Life"! I am glad that is not the case! I am writing to urge everyone to hear you and Beth Ann explain to everyone the way you explained the process to allow a lot more feed back from the citizens. Also, for people who are busy traveling, working etc., it will allow them to actually know what is going on. I also believe it will let more people who do not vote now, be a lot more confident that they are aware of the issues and the people that are involved. This note will be forwarded to the list of people I know that can get this message out. Could you please forward this to the Mayor and Town Council? Please let me know what I can do to assist both of you. Bob Radder of 1 Lee Court, Christina Pearlman of 6 Hamper Court, Nick Sanders of I Michelle Court, Mary Ann Foley of 202 Skyline Drive addressed the Council. Mayor Smith moved to the following agenda item next: 17. COUNCIL/STAFF REPORTS. Staff and Council updated the Council/Staff and Residents present. 5. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 6, TO REVISE THE TITLE OF ARTICLE 6 TO "CONDITIONAL AND SPECIFIC USES" AND BY ADOPTING SECTION 44.1 ENTITLED "SPECIFIC USE PERMITS" ("SUP"); PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A PURPOSE; ESTABLISHING AUTHORIZED SPECIFIC USES; PROVIDING PROVISIONS FOR APPLICATION; SETTING FORTH GUIDELINES FOR THE CONTENTS OF THE SUP PERMIT APPLICATION; ESTABLISHING PROVISIONS FOR A PUBLIC HEARING; ESTABLISHING PROVISIONS FOR THE CONSIDERATION OF A Page 3 Workshop and Regular Session August 4, 2003 SPECIFIC USE PERMIT APPLICATION; PROVIDING CONDITIONS AND RESTRICTIONS; PROVIDING AN AFFIDAVIT OF COMPLIANCE WITH CONDITIONS; ESTABLISHING GUIDELINES FOR THE EFFECT OF ISSUANCE OF A PERMIT FOR A SPECIFIC USE; PROVIDING A PERIOD OF VALIDITY; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Agenda item Numbers 5-6-7 were discussed together. Gene Hill updated the Council and Residents with recommended changes. The following residents addressed the Council regarding the Comprehensive Zoning Ordinance -Specific Use Permit, the Oil & Gas Well Drilling Ordinance and the Oil & Gas Well Drilling Manual: Kathleen Wilson of 34 Meadowbrook Lane, James Weaver of 216 Oakmont Drive, Alan Bailey of 15 Ridgewood, Bob Radder of 1 Lee Court, Kent Bowker of 9450 Grogans Mill, The Woodlands, TX, Stu Herigodt of 9 Avenue Twenty, Steve Trotter of 310 Skyline Drive added for the record: Warning — contains Silica Dust etc. (see pages 7 of 7 m Material Safety Data Sheet (MSDS) and Control Measures), Steve Krohn of 107 Greenhill, Christina Pearlman of 6 Hamper Court, Jon Seale of Greenbriar, Nick Sanders of 1 Michelle Court (time yielded to Nick Sanders by: Chuck Berberlch of 200 Skyline Drive, Steve Krohn of 107 Greenhill, Roy Culbertson of 502 Briarwood, Sherrie Culbertson of 502 Briarwood, Doug Wilson of 34 Meadowbrook Lane. Council Member Edstrom moved to approve the Ordinance amending Ordinance No. 2000-06 P&Z of the Town, with the following changes: SUP Ordinance: 2003-10 P&Z E. PUBLIC HEARING: A public hearing shall be conducted for all applications for Specific Use Permit and notice thereof shall be given in the manner and form required for amendments as set out in Section 53 entitled "Amendments", Section 43.1, entitled "Oil and Gas Well Drilling & Production Within the Corporate Limits of the Town of Trophy Club" and as required by State Law. I. EFFECT OF ISSUANCE OF A PERMIT FOR A SPECIFIC USE: The issuance of a permit for a Specific Use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and Ordinances of the Town, including but not limited to, a building permit, a certificate of occupancy and subdivision approval. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, in an amount not to exceed the sum of two thousand dollars ($2,000.00) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Drilling Ordinance: 2003-11 P&Z B. Definitions: Applicant: A person to whom a permit or certificate for the drilling, operation and production of a well, or the installation or operation of a pipeline, is issued under this Ordinance, including, but nor limited to, his or her heirs, legal representatives, successors or assigns. Town Designee: Qualified oil and gas consultant as determined by the Town Manager. Town Staff: Employees and independent contractors performing services for the Town of Trophy Club, including but not limited to the Fire Marshall. C. Oil and Gas Well Drilling and Production "By Specific Use Permit (SUP)" 1. The drilling and production of oil and gas within the corporate limits of the Town shall be permitted by Specific Use Permit provided that the property line of any residential structure or public building, institution or school is a mimmurn of one -thousand feet (1,000') from the wellhead and provided that the drilling and production of oil or gas meets the following requirements: Page 4 Workshop and Regular Session August 4, 2003 a. Remains Unchanged b. Remains Unchanged c. Remains Unchanged 2. Remains Unchanged 3. Upon request of a property owner, operator, or other applicant for SUP (collectively referred to herein as "Applicant"), the Town Council, upon recommendation by the Planning and Zoning Commission, shall hear and shall seriously and fairly consider a request for a waiver from the requirement for a one -thousand foot (1,000') setback specified in subparagraph 1 of this Section. A waiver to allow a minimum five hundred foot (500') setback may be authorized and will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the setback requirement will result in unnecessary hardship, including a substantial economic hardship; or the setback requirement would prevent an Applicant from accessing his/her mineral interest. Applicant may make such request for waiver as a part of his/her SUP application. E. Recommendations for Specific Use Permits 4. A public hearing shall be conducted for all applications for SUP pursuant to Article 5, Section 44.1 of the Town's Comprehensive Zoning Ordinance. Notice thereof shall be given in the manner and form required for amendments as set out in Section 53 of the Comprehensive Zoning Ordinance, entitled Amendments, and as required by State law; provided however, that notice of such public hearing shall be given to each owner, as indicated by the most recently approved municipal tax roll, of real property within five hundred feet (500') of the property line or one -thousand feet (1,000') from the wellhead, upon which an SUP application for oil and / or gas well drilling and production is being considered. If, because of the location of the proposed well site, the application of the notice requirements herein would result in notice being sent only to a sparsely populated area, including, but not limited to only a portion of a subdivision, the Town Manager may, at her discretion require additional notice at the applicant's expense. F. Oil and Gas Well Permit Required 1. Any person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall not engage in the drilling and production of oil or gas wells within the corporate limits of the Town without first obtaining an Oil and Gas Well Permit issued under this Ordinance. An operator may apply for and obtain a separate permit covering each well or a "blanket" permit covering multiple wells within a specific use permit. Various locations: Following references to "the Town Designee", add "and/or Town Staff' 4. If the activities proposed by the amendment are not materially different from the activities covered by the existing Oil and Gas Well Permit, and if the proposed activities are in conformance with the applicable Development Site Plan and applicable Specific Use Permit, then the Town Designee shall approve the amendment within ten (10) days after the application is filed. Insert the following text: New Section L L. Abandonment of Wells and Pipelines 1. Abandonment of Wells: Upon abandonment of a well or well site, within sixty (60) days, the well shall be plugged in accordance with the Texas Railroad Commission standards, the site shall be cleaned and cleared of all equipment, holes or excavations filled, and the land graded and returned to its original condition including replanting of vegetation to match the surrounding area. All well casings shall be cut and removed to a depth of at least 10 feet (10') below the surface. 2. Abandonment of Pipelines: Upon abandonment of a pipeline, within (two months) sixty (60) days of abandonment, a pipeline must be purged and plugged in accordance with the rules and regulations of the State of Texas in effect at that time. Adjust change in numbers from previous L -P Drilling Manual: 2003-12 P&Z Alb (3) Permanent cedar fences with masonry columns spaced not less than sixteen feet (16'), nor more than twenty-four feet (24') surrounding producing sites shall be a minimum of eight feet (8') in height or higher than the enclosed equipment and shall remain locked at all times when no one is present. For security purposes, all permanent fencing structures shall have a wrought iron gate to allow visibility into the well site. Page 5 Workshop and Regular Session August 4, 2003 Alb (11) No Oil or Gas Well Permit shall be issued for any well to be drilled within any of the streets or alleys of the Town and/or streets or alleys shown by the Comprehensive Land Use Plan, and no street shall be blocked or encumbered or closed due to any exploration, drilling, or production activities unless prior consent is obtained from the Community Development Manager, and then only temporarily. Ale (2) No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site. To the extent practicable and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within three hundred (300') feet. Ale (4) Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to not more than seventy (70) decibels at any point three hundred feet (300') from the boundary of the drill site or operation site. The noise level during fracing operations shall reduce the noise to not more than eighty (80) decibels at any point three hundred feet (300') from the boundary of the drill site or operation site. If noise levels at a distance of three hundred feet (300') exceeds eighty (80) decibels, a sound reduction enclosure shall be required around a drilling rig and any internal combustion engines. Only electric motors shall be used for the purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well Specific Use sites. Ale (9) For vehicular safety reasons, it shall be the applicant's responsibility to immediately notify the Town of any substantial accumulations of dirt, dust, mud or other debris deposited on Town thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation process. If Town personnel or other third parties are used for the removal, the cost of such removal shall be paid by the applicant. Ale (6) The location of all pipelines must be marked with warning signs in accordance with industry standards. Within the Town of Trophy Club, the distance between such signs shall not exceed five hundred feet (500'). In addition, during backfill of pipeline excavations, "Buried Pipeline" warning tape shall be buried one foot (1') above the pipeline to warn future excavators of the presence of buried pipeline. Alf (7) An approved Hazardous Materials Management Plan shall be on file with the Fire Department. The costs of cleanup operations due to hazards associated with a well site shall be the responsibility of the applicant. Alf (12) Following completion of drilling operations or when a drill site is abandoned the operator shall restore the site within sixty (60) days as near as practical to its pre -drilling condition. Bl e. Prior to approval of an Oil or Gas Well Development Site Plan, a Road Repair Agreement that will obligate the operator to repair damage to public streets, including but not limited to bridges, caused by the operator (or by the operator's employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved Oil or Gas Well Permit must be executed with the Town of Trophy Club. The Town Manager shall have the authority to execute the Road Repair Agreement upon approval by the Town Council; and Bl h. The drilling rig and associated drilling equipment shall be removed from the well site within thirty (30) days of the completion of the well or drilling activities Checklist: 1.0. Compliance with all Railroad Commission and other applicable state agency requirements. 36. Specify whether the operator will remove or cap the pipeline upon completion or abandonment of the well. 37. Such additional terms and conditions as the Planning & Zoning Commission and the Town Council deem necessary. Page 6 Workshop and Regular Session August 4, 2003 Including Council Member Matthai's recommendations for 5-6-& 7 with vapor catcher and dust control. Mayor Pro Tem Foley seconded; motion carried unanimously. 6. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 2003-05 OF THE TOWN REGULATING THE DEVELOPMENT OF OIL AND GAS WELLS WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB; AND ADOPTING A NEW ORDINANCE AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING ARTICLE 5, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS" TO ADD SECTION 43.1 TO ADOPT PROVISIONS FOR "OIL AND GAS WELL DRILLING AND PRODUCTION WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB"; PROVIDING FOR THE INCORPORATION OF PREMISES; ESTABLISHING A PURPOSE; PROVIDING DEFINITIONS; PROVIDING CRITERIA FOR OIL AND GAS WELL DRILLING AND PRODUCTION `BY SPECIFIC USE PERMIT (SUP)"; PRESCRIBING SPECIFIC USE PERMIT APPLICATION REQUIREMENTS; ESTABLISHING STANDARDS FOR RECOMMENDATIONS FOR SPECIFIC USE PERMITS; PROVIDING OIL AND GAS WELL REQUIREMENTS; PRESCRIBING CRITERIA FOR THE REVIEW OF APPLICATIONS FOR OIL AND GAS WELL PERMITS; PROVIDING FOR INSURANCE AND INDEMNIFICATION; PROVIDING FOR SECURITY; ESTABLISHING PROVISIONS FOR PERIODIC REPORTS; PROVIDING FOR NOTICE OF ACTIVITIES; SETTING FORTH CRITERIA FOR AMENDED OIL AND GAS WELL PERMITS; PROVIDING FOR THE TRANSFER OF OIL AND GAS WELL PERMITS; ESTABLISHING REMEDIES OF THE TOWN; PROVIDING FOR ENFORCEMENT, RIGHT OF ENTRY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. 7. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING AN OIL AND GAS WELL MANUAL ESTABLISHING REGULATIONS AND CRITERIA FOR THE OPERATION AND MAINTENANCE OF OIL AND GAS WELLS WITHIN THE TOWN OF TROPHY CLUB; PROVIDING FOR THE INCORPORATION OF A PREMISES; PRESCRIBING STANDARDS FOR OIL AND GAS WELL DRILLING AND PRODUCTION WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB; SETTING FORTH REQUIREMENTS APPLICABLE TO A GAS WELL DEVELOPMENT SITE PLAN; PROVIDING AN APPLICATION FOR OIL AND GAS WELL DEVELOPMENT SITE PLAN REVIEW; PROVIDING CRITERIA FOR AN OIL AND GAS WELL DEVELOPMENT SITE PLAN CHECKLIST; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. 8. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO 2002-22 ADOPTING A SCHEDULE OF FEES FOR THE TOWN, IN ITS ENTIRETY; AND PROVIDING FOR THE ADOPTION OF A NEW SCHEDULE OF FEES BY INCORPORATION OF EXHIBIT "A", AND ALL SCHEDULES THERETO; TO INCLUDE BUILDING PERMIT FEES, INSPECTION FEES, OTHER PERMIT ISSUANCE FEES, PLUMBING, ELECTRICAL AND MECHANICAL FEES, AND PROVIDING FOR PERMIT ISSUANCE AND HEATERS Page 7 Workshop and Regular Session August 4, 2003 AND OTHER RELATED PUBLIC WORKS DEPARTMENT FEES; PLANNING AND ZONING FEES FOR SERVICES, MAPS, MEETINGS, ZONING CHANGE REQUESTS, STAFF REVIEW, PLATTING, SUBDIVIDER AGREEMENTS, AMENDMENTS AND UPDATES AND OTHER ZONING RELATED FEES; ZONING BOARD OF ADJUSTMENT FEES; FIRE/EMS DEPARTMENT FEES; ANIMAL CONTROL FEES; FIRE PLAN REVIEW FEES; FIRE DIVISION FEES; POLICE DEPARTMENT FEES; ADMINISTRATIVE FEES TO INCLUDE FEES FOR PAPER, ELECTRONIC, AUDIO, VIDEO, OVERSIZED PAPER, MYLAR, BLUEPRINT, OTHER RELATED REPRODUCTIONS, AND RELATED PERSONNEL AND RESOURCE FEES; PROVIDING RELATED TEXAS ADMINISTRATIVE CODE GUIDELINES; PROVIDING A PARKS AND RECREATION FEE SCHEDULE "A"; PROVIDING A PURPOSE; PROVIDING APPLICABILITY/CONFLICT; PROVIDING A WAIVER; PROVIDING FOR AMENDMENTS HERETO; PROVIDING A CUMULATIVE REPEALER; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE. Council Member Williams moved to approve. Council Member Edstrom seconded; motion carried unanimously. Mayor Smith called a recess at 10:21 p.m. — meeting resumed at 10:33pm 9. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE RESTRUCTURING OF THE TOWN'S COMMITTEE SYSTEM TO TRANSITION FROM A PERMANENT COMMITTEE SYSTEM TO A "COMMUNITY LIAISON SYSTEM" USING COMMUNITY LIAISONS IN ORDER TO INCREASE COMMUNICATION AND ENCOURAGE INPUT FROM ALL RESIDENTS, STREAMLINE WORK FLOW, REDUCE OVERTIME HOURS FOR EXEMPT / NON-EXEMPT STAFF, AND TO CONTINUE TO UTILIZE RESIDENT VOLUNTEERS AS A VALUABLE RESOURCE FOR INFORMATION AND INPUT; AND PROVIDING AN EFFECTIVE DATE. Donna Welsh and staff explained the recommended change in the committee system to be a resident liaison system. Council Member Edstrom moved to continue after 11:00 p.m. Council Member Matthai seconded; motion carried unanimously. The following residents addressed the Council: Bob Radder of 1 Lee Court, Jon Seale of 5 Greenbrook Court, Terry Christlieb of 43 Cimarron, Pete Reincke of 3 Colonial Court, J.D. Harvey of 5 Sunrise Court, Jodi Ashby of 4 Mesa Verde Court, Pearl Ford of 2 Spring Creek Court, Pauline Twomey of 203 Oakmont Drive, Billy Hughes of 216 Inverness, George Gearner of 329 Inverness, and Jim Moss of 979 Trophy Club Drive, and Steve Krohn of 107 Greenhill and Brandon Langevin of 1 Lee Court (yielded his time to Bob Radder of 1 Lee Court. Council Member Edstrom moved to table this agenda item until January and create a task force to identify problems and solutions of the Town's Committee system. Motion carried 4-1-0 with Council Members Williams, Matthai, Edstrom and Spence voting for and Mayor Pro Tem Foley voting against. 10. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO APPROVE BUDGETS FOR FISCAL YEAR 2003-2004. a. Economic Development Corporation A b. Economic Development Corporation B Roger Unger presented the requirements for the EDC budgets. Mayor Pro Tem Foley moved to table the EDC A&B Budgets until September to reconsider budgeting regarding the July 4"' Celebration and membership to the Chamber of Commerce. Council Member Williams seconded; motion carried 3-2-0 with Mayor Pro Tem Foley and Council Members Williams and Spence voting for and Council Members Matthai and Edstrom voting against. 11. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING: a. Proposed tax rate. Page 8 Workshop and Regular Session August 4, 2003 b. Take record vote to place a proposal to adopt the tax rate on Monday, September 15, 2003. c. Mayor Smith announces Tuesday, September 2, 2003, as a Public Hearing regarding the Fiscal year 2003-2004 budget with proposed increased tax rate. Council Member Spence moved to accept the proposed tax rate as suggested with the hopes of lowering the tax rate. Council Member Edstrom seconded, motion carried unanimously. 12. TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FOR MERITORIOUS EXCEPTION TO THE STANDARDS OF TOWN ORDINANCE NO. 2002-38 P&Z, SECTION 8 ENTITLED "COMMERCIAL SIGNS", TO SPECIFICALLY ALLOW A TEMPORARY POLE SIGN TO BE LOCATED APPROXIMATELY AT THE NORTHWEST CORNER OF GREENHILL TRAIL AND INDIAN CREEK DRIVE FOR A PERIOD OF TWO YEARS. Gene Hill shared the request from Mr. Spain regarding the sign to assist anyone seeking the location of The Knoll subdivision and to allow the sign for two years. Council Member Williams moved to approve the request for meritorious exception to specifically allow a temporary pole sign to be located approximately at the northwest corner of Greenhill Trail and Indian Creek Drive for a period of two years. Council Member Matthai seconded; motion carried unanimously. 13. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, EXPRESSING APPRECIATION TO THOSE INDIVIDUALS AND ORGANIZATIONS THAT PARTICIPATED IN THE TOWN OF TROPHY CLUB'S JULY 4TH CELEBRATION; AND PROVIDING AN EFFECTIVE DATE. Council Member Edstrom moved to approve the resolution expressing appreciation to those individuals and organizations that participated in the Town of Trophy Club's July 4`h celebration. Council Member Matthai seconded; motion carried unanimously. 14. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPOINTMENT OF GENE HILL AS CHAIRMAN AND JAMES STEPHENS AS VICE CHAIRMAN OF THE PLANNING & ZONING COMMISSION. Council Member Williams moved to approve the appointments of Gene Hill as Chairman and James Stephens as Vice Chairman of the Planning & Zoning Commission. Council Member Edstrom seconded; motion carried unanimously. 15. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE TOWN MANAGER OF THE TOWN OF TROPHY CLUB TO INCLUDE THE TOWN OF TROPHY CLUB AS A BRIEFING PARTY IN AN AMICUS CURIAE BRIEF TO THE TEXAS SUPREME COURT IN THE CASE STYLED DENTON COUNTY V. TARRANT COUNTY, TEXAS SUPREME COURT NO. 02-0795; AUTHORIZING THE TOWN MANAGER TO PAY UP TO $69000.00 TO THE LAW FIRM BAKER & BOTTS FOR LEGAL SERVICES NECESSARY TO PREPARE AND FILE SUCH AMICUS CURIAE BRIEF WITH THE TEXAS SUPREME COURT IN SAID LAWSUIT; AND PROVIDING AN EFFECTIVE DATE. Jackie Stephens addressed the Council. Council Member Matthai moved to approve the resolution authorizing the Town Manager to include the Town of Trophy Club as a briefing party in amicus curiae brief to the Texas Supreme Court in the case styled Denton County v. Tarrant County. Council Member Edstrom seconded; motion carried unanimously. 16. 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. Page 9 Workshop and Regular Session August 4, 2003 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 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE FISCAL YEAR 2004 FINANCIAL PLAN OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 722, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. B. FINANCIALS DATED ,TUNE 30, 2003. Mayor Pro Tem Foley moved to approve the Consent Agenda. Council Member Matthai seconded; motion carried unanimously. 18. ADJOURN. Council Member Williams moved to adjourn at 1:16 a.m. TV unanimously. ATTEST: , Town Secretary, Town of Trophy Club, Texas E