Minutes TC 10/08/2004MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 18, 2004
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, October 18, 2004.
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
Pam Cates
Roger Williams
Beverly Foley
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Roger Unger
Beth Ann Gregory
Kerin C. Fleck
Patricia Adams
Gene Hill
Mayor-
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Finance Director
US Manager
Planning & Zoning Coordinator
Town Attorney
Planning & Zoning Chairman
A.1 Call to order and announce a quorum.
Mayor Smith called the Regular Session to order at 6:03 p.m. noting a quorum was present.
A.2 Invocation.
Randy Briggs 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."
Kerin C. Fleck led the pledges.
B.1 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 requests to speak.
Page 2 Public Hearing/Regular Session October 18, 2004
B.2 Council/staff 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.
Council convened into Executive Session at 6:10 pm.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
E.1 Executive Session: Pursuant to Texas Government Code, annotated, subchapter 551, section
551.071 (b) "Consultation with Attorney", the Council will enter into executive session to discuss
the following:
Consultation with attorney 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 [b]):
Legal advice relative to the application and waiver for Gas Well SUP 8/9
Town Council convened into Public Hearing at 6:27
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
C.I 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 IOH", located
approximately 200 feet east of the Trophy Club Municipal Utility District Wastewater Treatment
Plan and approximately 2,400 feet west of the western most portion of Skyline Drive located in
the Eagle's Ridge subdivision.
addressed the Council
There were no requests to speak from the public.
C.2 Public Hearing: A request for waiver to the requirements set forth in Town Ordinance No. 2004-
11 P&Z, section "C" entitled "Oil and Gas Well Drilling and Production 'by Specific Use Permit
(SUP)"', subsection (1), pertaining specifically to the requirement for a one -thousand foot (1,000')
setback for the location of a gas well production site described as "PAD 10H".
There were no requests to speak from the public.
Rob Durbin addressed the Council. The location is not within 1000 feet of a residential structure but it is
close to the Waste Water Treatment Plant, therefore it requires a waiver. It is in the only location possible.
Kerin Fleck explained that this waiver request accompanies the SUP application for well site IOH. A
waiver is required due to the location of the pad site being approximately 200' east of the Wastewater
Treatment Plant. The Municipal Utility District has been notified of the request and the District has no
objection to the location of the pad site.
Page 3 Public Hearing/Regular Session October 18, 2004
The Planning & Zoning Commission unanimously approved the request for waiver at their September
23, 2004 meeting.
The Public Hearing closed at 6:33 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 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 IOH", located approximately 200 feet east of the Trophy Club Municipal Utility District
Wastewater Treatment Plant and approximately 2,400 feet west of the western most portion of
Skyline Drive located in the Eagle's Ridge subdivision.
D.2 Discuss and take appropriate action regarding a request for waiver to the requirements set forth in
Town Ordinance No. 2004-11 P&Z, section "C" entitled "Oil and Gas Well Drilling and
Production 'by Specific Use Permit (SUP)"', subsection (1), pertaining specifically to the
requirement for a one -thousand foot (1,000') setback for the location of a gas well production site
described as "PAD lOH".
Council Member Williams moved to approve agenda items D.1 and D.2. Mayor Pro Tern Spence
seconded; motion carried unanimously.
D.3 Continue discussion 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 8/9H", located approximately 600 feet north of Oakmont Drive and
approximately 1,220 feet east of Trophy Club Drive, and 380 feet east northeast of the Quorum
Condominiums.
DA Continue discussion and take appropriate action regarding a request for waiver to the
requirements set forth in Town Ordinance No. 2004-11 P&Z, section "C" entitled "Oil and Gas
Well Drilling and Production 'by Specific Use Permit (SUP)"', subsection (1), pertaining
specifically to the requirement for a one -thousand foot (1,000') setback for the location of a gas
well production site described as "Pad 8/9H".
Frank Kalb of 20 Hideaway Court addressed the Council.
Ray LeDesma addressed the Council and presented details for hardship.
Council Member Williams moved to reject D.3 pad site 8/9H and DA waiver for setback location of the
gas well. Council Member Edstrom seconded; motion carried unanimously.
Mike McCravy addressed the Council explaining that the noise level is below the required 70dbi and
nothing will get in the water the rigs are diesel electric.
D.5 Consent agenda: Discuss and take appropriate action to approve financials dated September 2004.
D.6 Consent agenda: Town Council to discuss and take appropriate actions regarding an Interlocal
Agreement with Denton County regarding Fire Protection Services.
Page 4 Public Hearing/Regular Session October 18, 2004
D.7 Consent agenda: Town Council to discuss and take appropriate action regarding Interlocal
Agreement with Denton County for Ambulance Service
Council Member Williams moved to approve agenda items: D.5, D.6. and D.7. Mayor Pro Tem Spence
seconded; motion carried unanimously.
D.8 Consent agenda: Discuss and take appropriate action to approve Minutes dated October 4, 2004.
Council Member Edstrom requested the removal of the Minutes dated October 4, 2004 for discussion.
Council Member Williams moved to approve. Mayor Pro Tem Spence seconded; motion carried 5-0-1
with Council Member Edstrom abstaining.
D.9 Additional information provided to the Council.
No discussion.
F.2 Adjourn.
Council Member Foley moved to adjourn at 7:03
carried unanimously.
ATTEST:
Town Secretary, own of Trophy Club
1 Member Williams seconded; motion
y Club