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Agenda Packet TC 07/07/2003NOTICE OF TOWN COUNCIL PUBLIC HEARING AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB JULY 7, 2003 LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS REGULAR SESSION — 7:00 P.M. 1. CALL TO ORDER AND ANNOUNCE A QUORUM. 2. 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." 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 OBSERVE A PRESENTATION BY BECK PROPERTIES AND STAR OF TEXAS ENERGY REGARDING GAS DRILLING OPERATIONS, AND DISCUSS SAME. 6. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING. PUBLIC HEARING 7. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING 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 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. 8. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING 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 Page 2 Regular Session July 7, 2003 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. 9. TOWN COUNCIL TO CONDUCT A PUBLIC HEARING 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 SECTION 35, ENTITLED "ACCESSORY STRUCTURES" OF ARTICLE 5, BY REVISING SUBSECTION E, "LOCATION", TO ALLOW SIGNS TO BE PLACED IN FRONT YARDS; PROVIDING FOR THE INCORPORATION OF PREMISES; 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 SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. 10. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. REGULAR SESSION I1. 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 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 Page 3 Regular Session July 7, 2003 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. (AMD -03-012) 12. 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. 13. 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. 14. 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 SECTION 35, ENTITLED "ACCESSORY STRUCTURES" OF Page 4 Regular Session July 7, 2003 ARTICLE 5, BY REVISING SUBSECTION E, "LOCATION", TO ALLOW SIGNS TO BE PLACED IN FRONT YARDS; PROVIDING FOR THE INCORPORATION OF PREMISES; 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 SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. 15. TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO THE APPROVAL OF A DEVELOPER'S AGREEMENT FOR A 22.417 ACRE TRACT OF LAND KNOWN AS PD -25, TROPHY WOOD BUSINESS CENTER, AND TO AUTHORIZE THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS. 16. TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND DIRECT STAFF REGARDING ACTION ON THE STRIPING INDIAN CREEK FOR PEDESTRIAN AND BICYCLE TRAFFIC LANES AND THE INSTALLATION OF SIDEWALKS. 17. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A SURVEY OF RESIDENTS ON VARIOUS ISSUES/POLICIES. 18. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN OF TROPHY CLUB, HEREBY SUPPORTING THE CREATION OF AN INTERLOCAL AGREEMENT FOR THE FORMATION OF A JOINT PARKS AND RECREATION MASTER PLAN BETWEEN THE TOWN OF TROPHY CLUB AND THE NORTHWEST INDEPENDENT SCHOOL DISTRICT AND THE CITIES OF AURORA, FORT WORTH, HASLET, JUSTIN, NEWARK, NEW FAIRVIEW, NORTHLAKE, RHOME, AND ROANOKE AND PROVIDING AN EFFECTIVE DATE. 19. 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 THREE (3) SEATS TO SERVE CONCURRENTLY ON THE ECONOMIC DEVELOPMENT CORPORATION A, THREE (3) SEATS ON THE ECONOMIC DEVELOPMENT CORPORATION B, THREE (3) SEATS ON THE FRIENDS OF THE LIBRARY COMMITTEE, TWO (2) SEATS ON THE PLANNING & ZONING COMMISSION, FOUR (4) SEATS ON THE TREE BOARD, AND TWO (2) SEATS ON THE ZONING BOARD OF ADJUSTMENT; DESIGNATING TERMS OF SERVICE FOR EACH; AND PROVIDING AN EFFECTIVE DATE. 20. 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 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 Page 5 Regular Session July 7, 2003 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. 21. 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 TO APPROVE SIGNATURE RESOLUTION FOR NEW TEXPOOL ACCOUNT FOR GASB34 RESERVE. B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF THE REGULAR SESSION MINUTES DATED JUNE 16, 2003. C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF THE WORKSHOP SESSION MINUTES DATED JUNE 23, 2003. 22. COUNCIL/STAFF REPORTS. 23. 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 3, 2003 AT APPROXIMATELY 5:00 P.M., I FURTHER CERTIFY THAT THE FOLLOWING NEWS MEDIA WAS PROPERLY NOTIFIED: KELLER CITIZEN, FOR* WORTH STAR,TELEGRAM, DALLAS MORNING NEWS. 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 682-831-4601 SO APPROPRIATE ARRANGEMENTS CAN BE MADE.