Minutes TC 01/03/2005------,----~----~--
MINUTES OF PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Monday,January 3,2005
7:00 P.M.
STATE OF TEXAS
COUNTY OF DENTON
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§
The Town Council of the Town of Trophy Club,Texas,met in Public Hearing/Regular Session on Monday,
January 3,2005.The meeting was held within the boundaries of the 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 Tern
Council Member
Council Member
Council Member
Council Member
STAFF AND GUEST(S)PRESENT:
Donna Welsh
Diane Cockrell
Roger Unger
Randy Briggs
Beth Ann Gregory
Patricia Adams
Kerin Fleck
Gene Hill
Dennis Sheridan
A.l Call to order and announce a quorum.
Mayor Smith called the Public HearinglRegular Session to order at 7:00 p.m.noting a quorum was present.
Town Manager
Town Secretary
Finance Director
Director of Police &Fire Services
liS Manager
Town Attorney
Planning &Zoning Coordinator
Planning &Zoning Chairman
Planning &Zoning Commissioner
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."
Dennis Sheridanled the pledges.
B.l 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
Page 2 Regular Session January 3,2004
not listed on the agenda.The Council will hear presentations on specific agenda items
prior to the Council addressing those items.
There were no citizen presentations.
B.2 CounciVstaff 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.
Town Council convened into Public Hearing at 7:12 p.m.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
Public Hearing:An application from Star of Texas Energy Services,Inc.,for a Specific Use
Permit to allow gas well drilling on a 1.5 acre tract of land referred to as "Pad I5H",located
approximately 220 feet west of the Town's east Town limit line,and approximately 600 feet
south of the Town's northeast Town limit line.
There was no public input.Town Councilreconvenedinto RegularSessionat 7:13 p.rn.
C.1
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.I Discuss and take appropriate action regarding an application from Star of Texas Energy Services,
Inc.,for a Specific Use Permit to allow gas well drilling on a 1.5 acre tract of land referred to as
"Pad ISH",located approximately 220 feet west of the Town's east Town limit line,and
approximately 600 feet south of the Town's northeast Town limit line.(SUP 04-011)
Council Member Williams moved to approve.Mayor Pro Tern Spence seconded;motion carried unanimously.
Discuss and take appropriate action regarding a resolution by the Town authorizing intervention
before the Railroad Commission of Texas in Gas Utilities Docket (GUD)No.9530;authorizing
participation with other cities served by Atmos Energy Corporation,formerly known as TXU Gas
Company,in administrative and court proceedings involving a gas cost prudence review;and
designating a representative of the Town to serve on a Steering Committee.
This item is one of many utility issues handled by coalition of cities on behalf of its members.There is no cost for
the Town's participation.Intervention in this action helps to protect the Town's residents who are gas customers
from unreasonable price increase.
Council Member Edstrom moved to appoint Roger Unger as the Town's representative and approve the
resolution.Mayor Pro Tern Spence seconded;motion carried unanimously.
D.2
D.3 Discuss and take appropriate action regarding a resolution to suspend the proposal by Atmos
Energy (formerly TXU Gas Company)to implement interim GRIP rate increases for gas utility
investments in 2003;authorizing participation with other cities served by Atmos;authorizing
intervention in administrative and court proceedings involving the proposed rate adjustment;and
designating a representative of the Town to serve on a Steering Committee.
Page 3 Regular Session January 3,2004
Patricia Adams explained that this item is one of the many utility issues handled by coalition of cities that are
served by Atmos Energy (formerly TXU Gas Company).The resolution suspends action by Atmos and allows the
Town to retain jurisdiction.There is no cost for the Town's participation.Intervention in this action helps to
protect the Town's residents who are gas customers from unreasonable price increases.
Council Member Edstrom moved to designate Roger Unger as the Town's representative and approve the
resolution.Council Member Williams seconded;motion carried unanimously.
D.4 Discuss and take appropriate action regarding approval of budgetary expense of $8,000 from
Economic Development Corporation A to provide dugout covers at Independence Park.
Adam Adams explained that all four fields would need covers and EDC A approved the original amount of
$6,200,the requested amount was increased to $8,000 because there are four fields that need covers.Roger Unger
explained that this proposal will go back to EDC A with bids for final approval (they will approve or deny the
$1,800 increase).
J.D.Harvey of 5 Sunrise Court and Wade Mullis of 6 Timberline Drive addressed the Council.
Council Member Edstrom moved to approve.Council Member Cates seconded;motion carried unanimously.
D.S Presentation,discussion and appropriate action regarding a fence waiver request to the
requirements set forth in Town Ordinance No.2002-42 P&Z,Section 3 entitled "Fences",
Subsection "B"entitled "Height Requirements",(1)pertaining specifically to the height of side
yard fences for a property located at 16 Cimarron Drive,lot 849 of Village West,Section "A".
Applicant:Rodney Wagner (FW-04-016)
Kerin Fleck explained that the applicant installed a pool and is seeking a waiver for a wall that was built which
exceeds the required height limits,per Town Ordinance.The Planning and Zoning Commission unanimously
denied the request.Rodney Wagner explained that the fence allows privacy for his pool.
Council Member Williams moved to approve a wavier contingent on the fence being lowered by one cinder block
being removed and the cap being reattached and any additional changes must come back to the permitting
authority.Council Member Edstrom seconded;motion carried unanimously.
All matters listed as Consent Agenda 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.
D.6
D.7
D.8
D.9
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.
Consent Agenda:Discuss and take appropriate action to approve Financials dated October 31,2004.
Consent Agenda:Discuss and take appropriate action to approve Financials dated November 30,2004.
Consent Agenda:Town Council to discuss and take appropriate action by Resolution to appoint
candidates for the Tree Board.
A.Steven Kohs
B.Rick Merrill
Page 4
D.I0
D.ll
D.12
D.13
D.14
Regular Session January 3,2004
Consent Agenda:Discuss and take appropriate action to approve Minutes dated November 8,2004.
Consent Agenda:Discuss and take appropriate action to approve Minutes dated November 15,
2004.
Consent Agenda:Discuss and take appropriate action to ratify a Proclamation,designating April 3,
2004 as the official Arbor Day for Trophy Club.
Consent Agenda:Discuss and take appropriate action regarding an Ordinance repealing Town
Ordinance No.2003-18,and adopting new provisions appointing a presiding judge,alternate judges
and a court clerk for the Trophy Club Municipal Court of Record No.1.
Consent Agenda:Discuss and take appropriate action regarding a revision to paragraph 8,entitled
"Pooling",of the oil and gas minerallease-non-drill site pooling agreement for the development of
the Town's interest in Harmony Park by and between the Town and Star Of Texas Energy
Services,Inc.,a substantial copy of which is attached hereto;and authorizing the Mayor or his
designee to execute necessary documents.
D.15 Consent Agenda:Discuss and take appropriate action to ratify a Resolution authorizing the Town
of Trophy Club to participate in the Texas Building and Procurement Commission Cooperative for
the purchase of goods and services under state contracts.
Council Member Williams asked to remove D8 November 30,2004 Financials for discussion.
Mayor Pro Tern Spence moved to approve D.through D.15 excluding D8.Council Member Edstrom seconded;
motion carried unanimously.
Council Member Williams moved to approve D8,November 30,2004 Financials.Council Member Edstrom
seconded;motion carried unanimously.
D.16 Additional Information for Council.
No action taken.
Town Council convened into Executive Session at 8:17 p.m.
E.l
A.
(1)
(2)
(3)
(4)
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
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:
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»:
Perfection Homes Inc.,and Mark Carr v.Town of Trophy Club,Cause No.2003-50345-367
Town of Trophy Club,Texas v.Town of Westlake,Texas,Cause No.2004-40094-362
Jeremy Denney v.Town of Trophy Club,Cause No.2004-60732-393
Gregory Brown v.Tony Simmons and the Town of Trophy Club,Cause No.4-04-CV-871-A
Page 5 Regular Session January 3,2004
Town Council reconvened into Regular Session at 8:34 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
F.l Discuss and take appropriate action regarding executive session items.
No Council action was taken.
F.2 Adjourn.
Council Member Edstrom moved to adjourn at 8:34:
unanimously.
Town Secretary,wn of Trophy Club