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Agenda Packet TC 01/03/2005Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, January 3, 2005 7:00 P.M. A.1 Call to order and announce a quorum. A.2 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." 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. 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. C.1 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 15H", 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. 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 15H", 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) D.2 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. 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. 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. D.5 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) D.6 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. D.7 Consent Agenda: Discuss and take appropriate action to approve Financials dated October 31, 2004. D.8 Consent Agenda: Discuss and take appropriate action to approve Financials dated November 30, 2004. D.9 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 D.10 Consent Agenda: Discuss and take appropriate action to approve Minutes dated November 8, 2004. D.11 Consent Agenda: Discuss and take appropriate action to approve Minutes dated November 15, 2004. D.12 Consent Agenda: Discuss and take appropriate action to ratify a Proclamation, designating April 3, 2004 as the official Arbor Day for Trophy Club. D.13 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. D.14 Consent Agenda: Discuss and take appropriate action regarding a revision to paragraph 8, entitled "Pooling", of the oil and gas mineral lease-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. D.16 Additional Information for Council. E.1 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) Perfection Homes Inc., and Mark Carr v. Town of Trophy Club, Cause No. 2003-50345- 367 (2) Town of Trophy Club, Texas v. Town of Westlake, Texas, Cause No. 2004-40094-362 (3) Jeremy Denney v. Town of Trophy Club, Cause No. 2004-60732-393 (4) Gregory Brown v. Tony Simmons and the Town of Trophy Club, Cause No. 4-04-CV- 871-A F.1 Discuss and take appropriate action regarding executive session items. F.2 Adjourn. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (dc) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.A.2 Invocation. (dc) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.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." (dc) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.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. (dc) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.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. (dc) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.C.1 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 15H", 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. LOCATION: 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. OWNER: Beck Properties of Trophy Club, L.P. APPLICANT: Star of Texas Energy Services, Inc. LAND PLANNER: N/A NO. NOTICES SENT: N/A RESPONSES: N/A STAFF COMMENTS: This application was previously scheduled for the December 6th Council agenda. The application has been reviewed and appears to be in compliance with the Town’s drilling ordinance. The Planning & Zoning Commission made a motion to recommend approval of Pad Site 15H at their 4 November 2004 meeting. (kcf) TToowwnn ooff TTrroopphhyy CClluubb,, TTeexxaass Oil and Gas Well Development Special Use Site Plan Checklist PROJECT NAME:GAS WELL 15H CASE NO:SUP-04-011 DATE:14 OCTOBER 2004 REVIEWED BY:GH The Town of Trophy Club requires a Site Plan for review and approval of an Oil and Gas Well Special Use permit. The following information must be submitted to the Planning & Zoning Commission in order for a request to be processed. This summary is provided for the benefit of the applicant. However, fulfilling the requirements of this summary checklist does not relieve the applicant or his/her agent from the responsibility of the regulations in the Comprehensive Zoning Ordinance, Subdivision Regulations and other development related ordinances of the Town of Trophy Club. Provide typical well site schematics indicating layout during drilling, upon completion of drilling, and during fracture or refracture treatment processes. Indicate location of all proposed underground pipelines. As built drawings shall be filed with the Town. All proposed pipelines in pipeline easements shall require pipeline easement dedication. Identify if pipelines connect with gas distribution system, and if so, designate proposed location. General Requirements 1. Drawn to scale: 1” = 50’ or 1” = 100” (smaller or larger scales may be accepted only if approved by the Planning & Zoning Coordinator). Shown: Not Applicable: Incomplete: 2. Drawn on a sheet size of 18”x24” or 24”x36” (smaller or larger sheet sizes may be accepted only if approved by the Planning & Zoning Coordinator). Legend of instruments required. Shown: Not Applicable: Incomplete: 3. The date, written and graphic scale, north arrow, proposed name of well site, and a key map indicating the location of the development in relation to existing streets and highways. Shown: Not Applicable: Incomplete: 4. Title Block containing: 1.) Proposed name of the subdivision or lot on record, 2.) Acres in platted and/or un-platted land and total of those acres, 3.) Survey and jurisdiction (i.e. Town of Trophy Club, Denton County, Texas). Shown: Not Applicable: Incomplete: 5. Date of the application, preparation and revision date(s). Shown: Not Applicable: Incomplete: 6. Name and address of the property owner(s), planners and registered engineer, surveyor. Shown: Not Applicable: Incomplete: 7. Name and address of property owners of contiguous undeveloped land. Shown: Not Applicable: Incomplete: 8. Any Town lines traversing or on the boundary of the development. Shown: Not Applicable: Incomplete: ON DRAINAGE MAP ONLY Boundaries, Acreage, Zoning & Uses 9. Indicate the proposed site boundary lines shown in contiguous dark lines, of sufficient width to be easily identified. Shown: Not Applicable: Incomplete: 10. Total acreage within the proposed site, identification of each existing and proposed type of land use, and the acreage of each use. Shown: Not Applicable: Incomplete: 11. All existing or proposed lots and blocks identified by letter or number within the proposed site and the names and lot patterns of contiguous developments, indicated by dotted or dashed lines. Shown: Not Applicable: Incomplete: 12. Location and identification of all existing buildings, parking lots, driveways and other significant structures within 500’ of the SUP boundaries. Shown: Not Applicable: Incomplete: 13. Existing and proposed zoning of the proposed site and the zoning of adjacent land. Shown: Not Applicable: Incomplete: 14. Indicate area details: Corps properties, schools, location and size of all greenbelts and open spaces and parks Shown: Not Applicable: Incomplete: CORP PROPERTY NOT CLEARLY IDENTIFIED 15. Location, height and type of all walls, fences and/or screening. Shown: Not Applicable: Incomplete: NOT APPLICABLE, BUT REGULATED BY TOWN ORDINANCE 16. Proposed and existing landscaping, and screening buffers. Shown: Not Applicable: Incomplete: NOT APPLICABLE, BUT REGULATED BY TOWN ORDINANCE Utilities 17. Identify and show the identification, location and size of all existing public facilities, including water and sanitary sewer lines and the associated easements that are located within or on the boundaries of the proposed site. Shown: Not Applicable: Incomplete: 18. Identify the location and size of all existing water and sanitary sewer lines and the associated elements that are proposed to serve the site, showing the location, size and distance of any existing lines to which the connections are proposed. Shown: Not Applicable: Incomplete: 19. Detailed information on the means by which any alternative water or sanitary sewer service is to be provided. Shown: Not Applicable: Incomplete: NOTES 8 & 10 ON SITE MAP 20. The location and routing of all existing or proposed lines, easements and facilities for providing electrical services for the proposed site. Shown: Not Applicable: Incomplete: NOTE 8 ON SITE MAP Streets, Sidewalks & Driveways 21. Identification, location and size of all existing streets and Right-of- Ways located within the proposed site or adjacent developments. Shown: Not Applicable: Incomplete: 22. Indicate the location and dimension of all curb cuts, public and private streets, parking & loading areas and outside storage facilities. Shown: Not Applicable: Incomplete: 23. Location and width of any existing or proposed driveways that access or are proposed to access any existing or proposed arterial street located within or on the boundary of the proposed site. Shown: Not Applicable: Incomplete: Drainage 24. Topographical information based on 2-foot vertical contour intervals except where excessively steep grade prohibits graphical representation, in which case 5-foot vertical intervals may be used. Shown: Not Applicable: Incomplete: 2' ON SITE MAP & 10' ON DRAINAGE MAP 25. The identification, location and approximate dimensions of all existing and proposed water courses, ponds, detention ponds, ditches, channels, floodway and floodplain boundaries, storm water improvements, drainage easements, or similar natural or man-made drainage facilities or features located within or outside the boundaries of the development that do or will affect or impact storm water drainage on or across the site. Shown: Not Applicable: Incomplete: DRAINAGE MAP 26. Identify and show proposed method of erosion control if applicable (may be accomplished in notes). Shown: Not Applicable: Incomplete: DRAINAGE MAP 27. Minimal drainage requirements: 1.) Label and indicate any FEMA 100-year floodplain and floodway on the plan. Label and indicate centerline of any stream, creek, swale, etc., 2.) Proposed top pf drilling pad site elevation, 3.) Show location, size length and type of existing and proposed driveway culverts. All culverts shall be RCP or aluminized Type II pipe, and 4.)Provide drainage area map and supporting calculation per drainage criteria manual for all drainage areas contributing to the proposed driveway culverts and flood plain crossings. Shown: Not Applicable: Incomplete: 1.) NOT IDENTIFIED (SEE NOTE #2 ON SITE MAP); 2.) SHOWN ON SITE MAP; 3.) NOT APPLICABLE; 4.) NOT APPLICABLE Wells 28 . Identify the location of proposed lease lines and well locations, including: 1.) Label the distance between wells and property lines, 2.) Label the distance between wellheads and structures within 500’ of wellheads, and 3.) Label the distance between temporary holding ponds and floodplains. Shown: Not Applicable: Incomplete: 1&2.) SHOWN; 3.) NOT SHOWN 29 . Diagram of the SUP gathering system center (pipeline to distribution system, flow back system separator tankage, compressors [if needed], etc.). Shown: Not Applicable: Incomplete: SITE MAP 30 . Diagram indicating the proposed gathering system, including: 1.) Location of easements with width dimensions, 2.) Details of the production pipeline (line diameter, PSI rating, burial depth, signage, etc.), and 3.) Details of flow back piping (line diameter, PSI rating, burial depth, signage, etc.). Shown: Not Applicable: Incomplete: 1) DETAIL NEEDED; 2&3) TO BE PROVIDED PRIOR TO PRODUCTION; NEED A DETAIL OF EASEMENTS AND PIPELINE (PRIOR TO INSTALLATION OF PIPELINE) ASAP! 31 . Proposed location and dimensions of reserve pits. Shown: Not Applicable: Incomplete: DRAINAGE MAP 32 . Proposed placement of fracture equipment during original completion process and subsequent re-fracs. Shown: Not Applicable: Incomplete: INFORMATION NOT AVAILABLE PRIOR TO FRACTURING ACTIVITIES REVIEWED BY: CHAIRMAN HILL DATE: 14 OCTOBER 2004 ADDITIONAL COMMENTS: APPLICANT NEEDS TO ENSURE ALL TOWN LIMITS LINES, CORP PROPERTIES AND FLOODPLAIN LINES ARE INDICATED. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.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 15H", 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) EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (KCF) Attachments: COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.D.2 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. EXPLANATION: The attached staff report and resolution explain the background of this action. This item is one of the 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 increases. Confidential Attorney-Client Memorandum will be sent under separate cover. RECOMMENDATION: Approve the Resolution and name a staff member as the Town’s representative. ACTION BY COUNCIL: (PAA) Attachments: 1. Staff Report 2. Resolution RESOLUTION NO. ___ A RESOLUTION BY THE TOWN OF TROPHY CLUB, TEXAS 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 RELATED TO A FILING MADE IN SEPTEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE TOWN TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES. WHEREAS, the Town Council of the Town of Trophy Club, Texas is a customer of Atmos Energy Corporation, formerly known as TXU Gas Company, (Atmos/TXU Gas) and a regulatory authority with an interest in the rates and charges of Atmos/TXU Gas; and WHEREAS, Atmos/TXU Gas made a filing at the Railroad Commission of Texas on or about September 24, 2004, now docketed as GUD No. 9530, for a gas cost prudence review of $2.2 billion in previously incurred and billed gas costs; and WHEREAS, the filing made by Atmos/TXU Gas was required by the terms of the Final Order of the Railroad Commission in GUD No. 8664; and WHEREAS, ratepayers of Atmos/TXU Gas, including the Town of Trophy Club and its residents would be entitled to a pro rata portion of a refund associated with any costs found to have been unreasonable; and WHEREAS, the Town of Trophy Club and its residents could benefit from coordination with other Cities in a review of the reasonableness of the gas costs of Atmos/TXU Gas and the joint participation in the Railroad Commission proceedings and any subsequent litigation or appeal related to those gas costs; and WHEREAS, the reasonable costs associated with the participation of Cities in this ratemaking proceeding are reimbursable from the Company. THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS THAT: Section 1. Intervention is hereby authorized in GUD No. 9530 and/or any successor docket at the Railroad Commission of Texas. Section 2. The Town is authorized to cooperate with other Cities within the Atmos/TXU Gas system and hereby designates _____________________ as a representative to a Cities’ Steering Committee that shall direct the efforts of counsel and consultants and the course of settlement and/or litigation before the Railroad Commission or of an appeal to any court regarding any matter related to the gas cost prudence review filing made by Atmos/TXU Gas in 2004. Section 3. Atmos/TXU Gas shall promptly reimburse the Town’s reasonable costs associated with the Town’s participation in GUD No. 9530 or any subsequent proceeding. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, this ___ day of January, 2005. Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.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. EXPLANATION: The attached staff report and resolution explain the background of this action. 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. Town Council must designate a staff member as the Town representative. Confidential Attorney-Client Memorandum will be sent under separate cover. RECOMMENDATION: Approve the Resolution and name a staff member as the Town’s representative. ACTION BY COUNCIL: (PA) Attachments: 1. Staff Report 2. Resolution RESOLUTION NO. ___ A RESOLUTION BY THE TOWN OF TROPHY CLUB, TEXAS SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID- TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE TOWN TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES. WHEREAS, the Town of Trophy Club, Texas (“Town”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division, (“Atmos Mid-Tex” or “the Company”) and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex made filings with the Town and the Railroad Commission of Texas (“Railroad Commission”) in December, 2004, proposing to implement interim rate adjustments (“GRIP Rate Increases”) pursuant to Texas Utilities Code § 104.301 on all customers served by Atmos Mid-Tex; and WHEREAS, Atmos Energy Corporation has reported a twenty percent increase in profits for its fiscal year ended September 30, 2004, and projects further increases in profits in 2005; and WHEREAS, in May, 2004, the Railroad Commission entered its Final Order in GUD No. 9400 authorizing a rate increase that will produce additional annual revenues of $11.5 million for Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex has projected that it will experience annual cost savings of at least 40 million over the costs included in rates approved in GUD No. 9400 and said savings are likely to greatly exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the proposed GRIP rate increases; and WHEREAS, ratepayers of Atmos Mid-Tex, including the Town and its residents, will be adversely impacted by the proposed GRIP Rate Increases; and WHEREAS, the Town and its residents could benefit from coordination with other cities served by Atmos Mid-Tex (“Cities”) in a review of the reasonableness of the proposed GRIP Rate Increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP Rate Increases; and WHEREAS, the reasonable costs associated with the participation of Cities in this rate proceeding are reimbursable from Atmos Mid-Tex. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The February 15, 2005, effective date of the GRIP Rate Increases proposed by Atmos Mid-Tex is hereby suspended to permit adequate time to review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. Section 2. The Town is authorized to cooperate with other Cities to create and participate in a Steering Committee to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the Town regarding the proposed GRIP Rate Increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP Rate Increases. Section 3. The Town is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP Rate Increases, including GUD No. 9560, the Company’s proposed GRIP rate increase for its pipeline system filed at the Railroad Commission. Section 4. The Town hereby designates _____________________ as a representative to a Cities’ Steering Committee that shall direct the efforts of counsel and consultants. Section 5. Atmos Mid-Tex shall promptly reimburse the Town’s reasonable costs associated with the Town’s activities related to the proposed GRIP Rate Increases. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, this ___ day of January, 2005. Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.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. EXPLANATION: This expenditure was approved by the EDC-A at its last regular meeting. Staff and the TCYBA are currently researching to determine the best material to be used for the dugout covers. Council approval for the expenditure is necessary at this time; however, as requested by EDC-A, Staff will obtain bids and take the bids back to EDC-A prior to the expenditure of the funds. (AA & RU) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.D.5 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) LOCATION: 16 Cimarron Drive OWNER: Rodney Wagner APPLICANT: Rodney Wagner LAND PLANNER: N/A NO. NOTICES SENT: N/A RESPONSES: N/A STAFF COMMENTS: The applicant is seeking a waiver for a wall that was built which exceeds the required height limits, per Town Ordinance 2002-42 P&Z. The wall runs along a side yard and ranges from seven feet (7’) to seven feet, eight inches (7’,8”). (kcf) Cinder Block Definition of this Facade Material Cinder blocks are masonry units made of concrete, often mixed with coal cinders. They are usually hollow with holes on two sides. Sometimes the holes are configured to form geometric patterns (e.g. pinwheels), and stacked with the holes facing outward. Cinder blocks are very often painted, unless used as a back or side facade material. Size standards vary by country. Notable Cinder Block Buildings Examples coming soon. Photos of Buildings featuring a Cinder Block Facade [Enlarge] (c) Daniel Kieckhefer [Enlarge] (c) Daniel Kieckhefer View along side yard View from back yard COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.D.6 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. (dc) COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.D.9 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 EXPLANATION: Both candidates were interviewed at the Workshop held on December 6th. Bonnie Jacobs resigned her seat on the Tree Board and the there was one additional existing open position on the Board. Steven Kohs, Rick Merrill, and Brian Schultz have each applied for the positions. The Tree Board would like to expand from five members to seven members so there could be additional openings in the future if an ordinance amendment is approved. (AA) Attachments: 1. Candidate Applications 2. Resolution TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2004- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING TWO CITIZENS TO TWO (2) SEATS ON THE TREE BOARD FOR A TWO (2) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on Town Committees; and WHEREAS, there are five positions on the Tree Board, two of which are currently vacant; and WHEREAS, the two current vacancies are for the remainder of a two year term ending June 30, 2005; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council agrees that the following individuals are to be designated and are hereby duly appointed for the remainder of two (2) open two (2) year terms, expiring on June 30, 2005, in the capacity as set out herein: Tree Board 1) _____________ 2) _____________ Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 6th day of December 2004. ______________________________ Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.D.12 Consent Agenda: Discuss and take appropriate action to ratify a Proclamation, designating April 3, 2004 as the official Arbor Day for Trophy Club. EXPLANATION: (AA) Attachments: 1. Proclamation Whereas, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Whereas, 2004 is the 132nd anniversary of the holiday and Arbor Day is now observed throughout the nation and the world, and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. Now, Therefore, I, SCOTT SMITH, Mayor of the Town of Trophy Club, Texas, do hereby proclaim April 3, 2004 as the 132nd anniversary celebration of Arbor Day In the Town of Trophy Club, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Dated this 6th day of December 2004. ____________________________ Scott Smith, Mayor Town Of Trophy Club SEAL ___________________________ Diane Cockrell, Town Secretary COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.D.13 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. EXPLANATION: Ordinance number 2003-18 expires on September 30, 2005; however, due to a change in court personnel, Ordinance No. 2003-18 is being amended to appoint a new Court Clerk. Rather than simply amending a portion of the ordinance in December 2004 and re-appointing in September 2005, Ordinance No. 2003-18 is being submitted to Council for repeal and a proposed new ordinance is presented for adoption. While it is not required to re-appoint municipal judges after the Town’s Charter election, it seemed an appropriate action to avoid any possible issues with that transition in the future. The proposed ordinance renews the appointment of the currently serving Presiding Judge and Alternate Judges and appoints a Court Clerk. RECOMMENDATION: Approval of the Ordinance. ACTION BY COUNCIL: (PA) Attachments: 1. Ordinance TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2004-___ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2003-18 APPOINTING A PRESIDING JUDGE, ALTERNATE JUDGES, AND A COURT CLERK FOR THE TROPHY CLUB MUNICIPAL COURT OF RECORD NO. 1; AND ADOPTING NEW PROVISIONS APPOINTING A PRESIDING JUDGE, ALTERNATE JUDGES, AND A MUNICIPAL COURT CLERK FOR THE TROPHY CLUB MUNICIPAL COURT OF RECORD NO. 1 IN ACCORDANCE WITH ORDINANCE NO. 2001-22; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 17, 2001 the Town of Trophy Club, Texas (the “Town”) adopted Ordinance No. 2001-22 creating the Municipal Court of Record No. 1 in the Town and providing for the appointment of a Presiding Judge, Alternate Judges, and a Municipal Court Clerk (the “Appointees”); and WHEREAS, Ordinance No. 2001-22 also sets forth certain duties and qualifications for each of the Appointees; and WHEREAS, Ordinance 2003-18 was enacted on October 8, 2003 and was to remain valid until September 30, 2005; and WHEREAS, due to the enactment of the Town of Trophy Club’s Home Rule Charter and due to a change in court personnel, the Town Council has deemed it necessary and proper to repeal Ordinance No. 2003-18 in its entirety and to re-appoint the Presiding Judge and Alternate Judges currently serving for a two year term and to appoint a Court Clerk, all as provided in Ordinance No. 2001-22. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. APPOINTMENTS That the Town Council hereby affirms and appoints the following individuals to the Municipal Court of Record No. 1 in the capacity as set forth below: Presiding Judge Mark D. Chambers, Jr. Alternate Judge Eric G. Ransleben Alternate Judge Warren A. Bradley Court Clerk Janis K. Woodruff These appointments are made subject to and are governed by the provisions of Ordinance No. 2001-22. SECTION 2. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 3. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. SAVINGS All other Ordinances in effect and not in conflict with this Ordinance shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 6th day of December 2004. _______________________________ Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _________________________________________ Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.D.14 Consent Agenda: Discuss and take appropriate action regarding a revision to paragraph 8, entitled "Pooling", of the oil and gas mineral lease-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. EXPLANATION: After the last Council meeting, Star of Texas acting through their attorney, Rob Durbin, proposed a change to the pooling agreement for Harmony Park. They proposed a revision to paragraph 8 of that agreement that would change the number of units pooled from 160 to 380. They contend that this is necessary because they have changed their plans and now only intend to drill one well site on the adjacent property. That decision is good for the Town because it decreases the number of well sites from 2 to 1. When negotiating the lease, the Town’s oil and gas attorney (Will Abney) informed me that as the number of units pooled increase, the amount of money that the Town receives decreases. I asked Mr. Durbin about this and his response was that the units pooled would decrease but the production would increase so that the revenue to the Town would not be impacted. Since that date, I have spoken with Will Abney about the proposed change and he has confirmed that the information they are giving us about increased production is “technically correct”. He recommended that the Town agree to the amendment. Because of Star’s drilling schedule, we had to respond to them on the proposed change prior to the December 6, 2004 Council meeting. We informed Star that the change would be administratively approved pending ratification by the Town Council at the December 6, 2004 meeting. The revision to Paragraph 8 is the only change in the Agreement previously approved by Town Council. (PAA) RECOMMENDATION: Approval is recommended based upon the opinion of the Town’s oil and gas attorney, Will Abney. ACTION BY COUNCIL: Attachments: 1. Information Memorandum 2. Revised Oil, Gas and Mineral Lease Non-Drill Site Pooling Agreement COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.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. EXPLANATION: The passage of this resolution enables the Town to purchase under a variety of negotiated State contracts to save money on a variety of purchases including office furniture and supplies, technology, tools and equipment. The annual fee is $100. RECOMMENDATION: Staff recommends this action. (bg) Attachments: 2. Resolution TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2004- A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING PARTICIPATION IN THE TEXAS BUILDING AND PROCUREMENT COMMISSION COOPERATIVE. FOR THE PURCHASE OF GOODS AND SERVICES UNDER STATE CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Building and Procurement Commission is authorized to provide purchasing services for local governments pursuant to TITLE 8. SUBTITLE C. Chapter 271, Subchapter D. sections 271.082 and 271.083 of the Local Government; and WHEREAS, the Town Council of Trophy Club is a local government defined as an entity qualified to participate in the Cooperative Purchasing Program of the Texas Building and Procurement Commission pursuant to section 271.081 of the Local Government Code; and WHEREAS, in accordance with the requirements of section 113.85(a) of the Texas Building and Procurement Commission administrative rules, the Agents of Record, Donna Welsh, Town Manager and Roger Unger, Assistant Town Manager are authorized to execute any and all documentation for The Town of Trophy Club pertaining to its participation in the Texas Building and Procurement Commission Cooperative Purchasing Program; and WHEREAS, acknowledges its obligation to pay annual participation fees established by the Texas Building and Procurement Commission for a period up to three (3) years. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club hereby requests that the Texas Building and Procurement Commission approve the Town of Trophy Club for participation in the Texas Building and Procurement Commission Cooperative Purchasing Program. Section 2. That the Town acknowledges its obligation to pay the annual participation fee for the Texas Building and Procurement Commission Cooperative Purchasing Program for the 04-05 budget year, and subject to annual funding approval, acknowledges the Town’s continued participation for two additional years. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with the law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 6th day of December, 2004. Scott Smith, Mayor Town of Trophy Club, Texas ATTEST: Diane Cockrell, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.D.16 Additional Information for Council. EXPLANATION: Additional Information for the Council RECOMMENDATION: ACTION BY COUNCIL: (RCB) Attachments: 1. Charter Cable November Report 2. Trophy Club DPS Monthly Reports 3. Notes from Workshop – December 6, 2004 TROPHY CLUB DEPARTMENT OF PUBLIC SAFETY MONTHLY REPORT for Information only Trophy Club DPS Police Services Division Patrol Stats October 2004 Nu ispa m W ritten ports Misdemeanor Arrest 1% Felony Arrests 1% Ac nts DW I Investigations 1% Vehicle Searches 2% Parking Citations 0% Traffic Citations (Non-moving) 7%D tc Calls 4 Out of City Assistance Calls 6% Traffic Citations (Moving) 9% Traffic Stops 21% ber of Re 5% hed 7% cide 0% ff i c S t o p s Tr a f f i c C i t a t i on s (M o v i n g ) Tr a f f i c C i t a t i on s (N o n -m o v i n g) Pa r k i n g C i t a ti o n s Ve h i c l e S e a r ch e s DW I I n v e s t i g a t i o n s Ac c i d e nt s Fe l o n y A r re s t s Mi s d e m ea n o r Ar r e st Di s p a t ch e d C a l l s Nu m b er o f W r i t t e n R e p o r t s Re s p on s e T i me Ou t of C i t y A s s i s t a n ce C a ll s Mi l e s D r i v e n D a ys W o rk ed 30 50 21 0 2 6 2 2 0 129 22 0 24 0 73 Trophy Club DPS Police Services Division Patrol Stats November 2004 Traffic Stops 16% Traffic Citations (Moving) 12% Out of City Assistance Calls 8% Dispatched Calls 50% Traffic Citations (Non-moving) 5% Parking Citations 0% Vehicle Searches 0% DW I Investigations 1% Accidents 0% Felony Arrests 0% Misdemeanor Arrest 0% Number of W ritten Reports 8% Tr a f f i c S t o p s Tr a f f i c C i t a t i on s (M o v i n g ) Tr a f f i c C i t a t i on s (N o n -m o v i n g) Pa r k i n g C i t a ti o n s Ve h i c l e S e a r ch e s DW I I n v e st i g at i o n s Ac c i d e nt s Fe l o n y A r re s t s Mi s d e m ea n o r Ar r e st Di s p a t ch e d C a l l s Nu m b er o f W r i t t e n R e p o r t s Re s p on s e T i me Ou t of C i t y A s s i s t a n ce C a ll s Mi l e s D r i v e n D a ys W o rk ed 60 50 21 0 2 6 2 2 0 200 31 306 31 0 100 Trophy Club DPS Police Services Division Criminal Investigation Division Date of Offense Date Rec Date of dispos. Case Status Investigator 10/1/2004 Theft 10/6/2004 10/15/2004 Unfounded Simmons Theft Count 1 10/2/2004 ASST AGNCY MCU Res 10/2/2004 10/6/2004 MCU Response for Northlake PD/ BMV Simmons ASST AGNCY MCU Res Count 1 10/2/2004 Reckless Damage 10/6/2004 11/22/2004 Cleared by Citation Conklin Reckless Damage Count 1 10/3/2004 Burglary/ Building 10/3/2004 10/6/2004 2 Arrests Pending Trial Simmons 10/3/2004 Burglary/ Building 10/3/2004 10/6/2004 2 Arrests Pending Trial Simmons Burglary/ Building Count 2 10/3/2004 DWLS 10/3/2004 10/5/2004 1 Arrest Pending Trial Simmons DWLS Count 1 10/4/2004 CHINS 10/6/2004 10/6/2004 Report filed for Informational Purposes W Tyker CHINS Count 1 10/4/2004 Criminal Mischief 10/6/2004 10/6/2004 E-Cleared/ Non Prosecution Grassman Criminal Mischief Count 1 10/5/2004 Forgery/Fraud 10/5/2004 10/6/2004 1 Arrest Pending Trial Simmons Forgery/Fraud Count 1 10/6/2004 Poss Drug Para 10/6/2004 10/6/2004 On View Citation W. Tyler Poss Drug Para Count 1 10/6/2004 Poss Marih 10/6/2004 10/6/2004 1 Arrest Pending Trial Simmons Poss Marih Count 1 10/7/2004 Assault 10/7/2004 10/8/2004 E-Cleared Simmons Assault Count 1 10/10/2004 Assault BI - FV 10/11/2004 10/13/2004 1 Arrest Pending Trial Simmons Assault BI - FV Count 1 10/11/2004 Poss Drug Para 10/10/2004 10/10/2004 On View Citation W. Montgomery Poss Drug Para Count 1 10/13/2004 BMV 10/18/2004 10/21/2004 E-Cleared/ Non Prosecution Simmons BMV Count 1 10/16/2004 Vicious Animal 10/16/2004 10/16/2004 Cleared Raburn Vicious Animal Count 1 10/17/2004 Poss Marih 10/18/2004 10/20/2004 1 Arrest Pending Trial Simmons Poss Marih Count 1 10/18/2004 MCU RESP Agg Robbery 10/18/2004 10/19/2004 Cleared - 3 Arrest/ Pending Trial Simmons MCU RESP Agg Robbery Count 1 10/18/2004 Parent Contrib Trucancy 10/18/2004 10/18/2004 Cleared by Citation Grassman Parent Contrib Trucancy Count 1 10/20/2004 Burglary/Habitation 10/20/2004 10/21/2004 Unfounded/ No Offense Simmons Burglary/Habitation Count 1 10/23/2004 Welfare Concern 10/25/2004 10/25/2004 Cleaared/ Report sent to Juvenile Simmons Welfare Concern Count 1 10/24/2004 Disturbance/Information 10/25/2004 10/25/2004 E-Cleared/No Offense Simmons Disturbance/Information Count 1 10/30/2004 Poss Marih 11/1/2004 11/2/2004 1 Arrest Pending Trial Simmons Poss Marih Count 1 11/1/2004 Assist Agency/MCU 11/1/2004 11/3/2004 Cleared Simmons Assist Agency/MCU Count 1 11/1/2004 Theft 11/2/2004 11/2/2004 Inactive/No Leades Simmons Theft Count 1 11/2/2004 Theft 1500 to 20K 11/3/2004 11/4/2004 Unfounded/ No Offense Simmons Theft 1500 to 20K Count 1 11/5/2004 Arson - N:LPD 11/6/2004 11/15/2004 Cleared - 1 Arrest/ Pending Trial Simmons Arson - N:LPD Count 1 11/6/2004 Disturbance/Information 11/8/2004 11/8/2004 Unfounded/ No Offense Robbins Disturbance/Information Count 1 11/10/2004 Assault 11/15/2004 11/19/2004 E-Cleared/ Delivered to FTE PD Simmons Assault Count 1 11/11/2004 Theft 11/13/2004 Warrant Issued att to loc suspect Simmons Theft Count 1 11/12/2004 Theft $50-$500 11/15/2004 11/22/2004 3 Arrests Pending Trial Simmons 11/12/2004 Theft $50-$500 11/15/2004 11/15/2004 Inactive/No Leades Simmons 11/12/2004 Theft $50-$500 11/15/2004 11/22/2004 3 Arrests Pending Trial Simmons Theft $50-$500 Count 3 11/14/2004 Burglary/ Building 11/14/2004 12/3/2004 Inactive/No Leades Simmons Burglary/ Building Count 1 11/18/2004 Assualt FV FELONY 11/19/2004 11/23/2004 1 Arrest Pending Trial Simmons Assualt FV FELONY Count 1 11/18/2004 Injury to a Child 11/19/2004 11/23/2004 Unfounded Simmons Injury to a Child Count 1 11/20/2004 Identity Theft 11/29/2004 11/29/2004 E-Cleared/ Jurisdiction is St Louis Airport PD Simmons Identity Theft Count 1 11/23/2004 BMV 11/29/2004 12/3/2004 Inactive/No Leades Simmons BMV Count 1 11/23/2004 Theft 11/29/2004 12/3/2004 E-Cleared/ Non Prosecution Simmons Theft Count 1 11/24/2004 Theft of Service 11/29/2004 Pending Demand letter Simmons Theft of Service Count 1 11/27/2004 Death Investigation 11/29/2004 12/3/2004 Cleared Simmons Death Investigation Count 1 11/28/2004 Criminal Mischief 11/29/2004 Case Pending/ Complu may No Pro Simmons Criminal Mischief Count 1 11/28/2004 Theft 11/30/2004 12/3/2004 Inactive/No Leades Simmons Theft Count 1 11/29/2004 BMV 11/29/2004 Primary Investigation Simmons 11/29/2004 BMV 11/29/2004 Primary Investigation Simmons 11/29/2004 BMV 11/29/2004 Primary Investigation Simmons 11/29/2004 BMV 11/29/2004 Primary Investigation Simmons 11/29/2004 BMV 11/29/2004 Primary Investigation Simmons 11/29/2004 BMV 11/29/2004 Primary Investigation Simmons BMV Count 6 11/29/2004 Recovered Stolen Prop 11/29/2004 11/29/2004 Cleared Simmons 11/29/2004 Recovered Stolen Prop 11/29/2004 11/29/2004 Cleared Simmons Recovered Stolen Prop Count 2 11/29/2004 Theft 11/29/2004 Primary Investigation Simmons Theft Count 1 Grand Count 52 Trophy Club DPS Warrant Services Oct and Nov 2004 M onth to Date - October 2004 $1,230.00 $410.00 $815.00 $500.00 $285.00 $575.00 $291.00 $615.00 10/4/2004 Huddles t on,Mic hael 10/14/04 Flores , V ic t or 10/14/04 Moore,James 10/26/04 Daily , April 10/26/04 Robers on,Frank 10/26/04 Minnic k , David W 10/28/04 Ols en,Jarrod 10/29/04 Manc us o, Jos eph $4,721.00 To ta l C o lle c te d Warrants Collected Mo nth to D ate - N o vemb er 2 0 0 4 $151.00$865.00 $195.00 $516.00 $485.00 $540.00 $660.00 $470.00 $170.00 Martinez,Victor Gri mes, A ng e la McD ani el, J i mmy Paermentier, Byron Honderick, David C ontreras, P edro Lay, D aniel Huckaby, Steven Osb y, L a ma r Total Collected $4,052.00 Trophy Club DPS Community Services Division Animal Control/Code Enforcement OCTOBER 2004 ACO Standard Issue Animal Adoption 7 Animal at Large 19 Animal Cruelty 1 Animal Impound 9 Animal Removal due to Nuisance 22 Animal, Noise 3 Animal, Rabies Vaccination 9 Animals, Lost 9 Total : 79 CODE ENFORCEMENT Standard Issue Grass and Weeds 19 Nuisance 1 Ordinance/Code Violations 10 Signs, Illegal or Unsafe 52 Trailer/RV parking 4 Unsightly Yard 2 Total : 88 Code Enforcement Oct 2004 Tr a i l e r/R V parking 5% Uns ightly Ya r d 2%Gras s and Weeds 22% Ordinance/Co de Violations 11% Nuis ance 1% Signs , Illegal or Uns afe 59% Animal Control-Oct 2004 Animal, Noise 4% Animal Removal due to Nuisance 29% Animal Impound 11% Animal Cruelty 1% Animal at Large 24% Animal Adoption 9% Animals, Lost 11%Animal, Rabies Vaccination 11% Trophy Club DPS Community Services Division Animal Control/Code Enforcement NOVEMBER 2004 Code Enforcement Standard Issue Grass and Weeds 13 Nuisance 2 Ordinance/Code Violations 14 Parking on Unimproved Surfaces 1 Signs, Illegal or Unsafe 13 Trailer/RV parking 2 Unsightly Yard 1 Vehicle, Junk 1 Total 47 Animal Control Standard Issue Animal Adoption 3 Animal at Large 15 Animal Euthanization 2 Animal Impound 6 Animal Removal due to Nuisance 13 Animal, Noise 6 Animals, Injured or Distress 4 Animals, Lost 7 Total 56 Animal Control November 2004 Animal Impound 11%Animal Removal due to Nuisance 23% Animal, Noise 11% Animals, Injured or Distress 7% Animals, Lost 13% Animal Adoption 5% Animal Euthanization 4% Animal at Large 26% Code Enforcemnet November 2004 Gras s and Weeds 28% Vehicle, Junk 2%Uns ightly Yard 2%Tra i l e r/R V parking 4% Signs , Illegal or Uns afe 28% Parking on Unim proved Surfaces 2% Ordinance/Code Violations 30% Nuis ance 4% DUE TO A LACK OF A COUNCIL QUORUM – THESE NOTES ARE PROVIDED IN LIEU OF MINUTES FOR: WORKSHOP/JOINT PUBLIC HEARING WITH PLANNING & ZONING COMMISSION AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, December 6, 2004 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, December 6, 2004. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Scott Spence Mayor Pro Tem Roger Williams Council Member OWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member Beverly Foley Council Member Pam Cates Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Roger Unger Finance Director Randy Briggs Director of Police & Fire Services Beth Ann Gregory I/S Manager Patricia Adams Town Attorney Gene Hill Planning & Zoning Commission, Chair Clayton Reed Planning & Zoning Commissioner John Rogers Planning & Zoning Commission er James Stephens Planning & Zoning Commissioner Jim Moss Planning & Zoning Commissioner Dennis Sheridan Planning & Zoning Commissioner Bill Bradley Planning & Zoning Commissioner A.1 Call to order and announce a quorum. At 7:04 p.m. Mayor Smith announced that there was not a quorum present, and that there would not be a regular meeting. The Workshop with Special Events and Information Technology Citizen Advisory Groups will be conducted and the Public Hearing will be held as well as Citizen Input. A.2 Invocation. Adam Adams 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." Mayor Pro Tem Spence led the pledges. A.4 Town of Trophy Club to accept an award for Innovative Use of Technology from the Texas Association of Information Technology Managers for the implementation of E-Government Initiatives. Nancy Bauer, Information Technology Director, City of Irving, President of Texas Association of Governmental Technology Managers made an award presentation to the Town of Trophy Club for 2004 for the “Most Innovative Use of Technology” for the e-government initiatives. WORKSHOP A.5 Workshop: Special Events Citizen Advisory Group to discuss current projects with Town Council and Residents. Sharon Huppert updated the Council regarding recent events and future special events. Members Wanda Brewster and Steven Kohs were present for discussion and questions. A.6 Workshop: Information Technology Citizen Advisory Group to discuss current projects with Town Council and Residents. Beth Ann Gregory updated the Council regarding past, present and future projects. *REGULAR SESSION A.7 Town Council to interview and take appropriate action by Resolution to appoint candidates for the Tree Board. A. Steven Kohs B. Rick Merrill The Council interviewed Steven Kohs and Rick Merrill and took no formal action to appoint. A.8 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. Linda Murff of 9 Pin Oak Court, Bronwyn Werts of 542 Main Street, Roanoke, Vicki Hardy of 7 Jennifer Court and Erin Hardy of 7 Jennifer Court addressed the Council. A.9 Staff to update Council on the progress of the addition to the Administration Building. Roger Unger shared the future plans for an addition to the Administration Building. A.10 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. Updates were provided by staff and Council. A.11 Planning & Zoning Commission call to order and announce a quorum. Planning & Zoning Commission convened into Public Hearing at 8:27 p.m. TOWN COUNCIL & PLANNING & ZONING COMMISSION TO CONVENE INTO JOINT PUBLIC HEARING JOINT PUBLIC HEARING B.1 Joint Public Hearing - Planning & Zoning and Town Council to conduct a Joint Public Hearing relative to the following: An application from Lakewood Clubs, Inc. for a Specific Use Permit to allow mixed beverages in restaurants by food and beverage certificate holders only, on a property located at 500 Trophy Club Drive, known as the Trophy Club Country Club, currently zoned CR - Commercial Recreation. (ASUP-04-003) The Trophy Club Country Club currently operates under a Private Club Registration Permit from TABC for the sale of alcoholic beverages. The Club is looking to sell under a new license, Mixed Beverage in Food and Restaurants by Food and Beverage Certificate Holders Only. The application has been reviewed by staff and appears to be in compliance with the Town’s Ordinances. Once Town Council approves the SUP application, the applicant is responsible for contacting TABC to ensure that their permit with the state continues to be processed. When TABC has completed their review, the state will issue the permit. B.2 Planning & Zoning Commission and Town Council to close Joint Public Hearing. Planning & Zoning Commission closed Joint Public Hearing at 8:28 p.m. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING PUBLIC HEARING C.1 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 15H", 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. C.2 Town Council to close Public Hearing and conduct a Joint Session with Planning & Zoning Commission. Due to a lack of a Council quorum, the Public Hearing for this agenda item will be held on January 3, 2005. TOWN COUNCIL TO RECONVENE INTO JOINT SESSION JOINT SESSION C.3 Planning & Zoning Commission to conduct a Joint Session with the Town Council. Due to a lack of a quorum for the Town Council, only the Planning & Zoning Commission session was held. C.4 Planning & Zoning Commission to discuss and take appropriate action regarding a recommendation to the Town Council relative to the following: An application from Lakewood Clubs, Inc. for a Specific Use Permit to allow mixed beverages in restaurants by food and beverage certificate holders only, on a property located at 500 Trophy Club Drive, known as the Trophy Club Country Club, currently zoned CR - Commercial Recreation. (ASUP-04-003) Commissioner Moss moved to approve the SUP as presented. Commissioner Sheridan seconded the motion. Motion passed, unanimously. C.5 Planning & Zoning Commission and Town Council to close Joint Session. Planning & Zoning Commission closed Session at 8:30 p.m. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION *REGULAR SESSION D.1 Discuss and take appropriate action regarding an application from Lakewood Clubs, Inc. for a Specific Use Permit to allow mixed beverages in restaurants by food and beverage certificate holders only, on a property located at 500 Trophy Club Drive, known as the Trophy Club Country Club, currently zoned CR - Commercial Recreation. (ASUP-04-003) This agenda item was not addressed due to a lack of a quorum. D.2 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 15H", 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) This agenda item was not addressed due to a lack of a quorum. D.3 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 and Subsection "C" entitled "Type of Fence and Construction", (12) pertaining specifically to construction materials for a property located at 16 Cimarron Drive, Lot 849 of Village West, Section "A". Applicant: Rodney Wagner (FW-04-016) This agenda item was not addressed due to a lack of a quorum. 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. This agenda item was not addressed due to a lack of a quorum. D.5 Consent Agenda: Discuss and take appropriate action to recognize by Proclamation, April 3, 2004 as the official Arbor Day for Trophy Club. Agenda items D.5 through D.11 were not addressed due to a lack of a quorum. D.6 Consent Agenda: Discuss and take appropriate action to approve Financials dated October 31, 2004. D.7 Consent Agenda: Discuss and take appropriate action to approve Minutes dated November 8, 2004. D.8 Consent Agenda: Discuss and take appropriate action to approve Minutes dated November 15, 2004. D.9 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. D.10 Consent Agenda: Discuss and take appropriate action regarding a revision to paragraph 8, entitled "Pooling", of the oil and gas mineral lease-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.11 Consent Agenda: Discuss and take appropriate action regarding 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. D.12 Additional information provided for Council. F.1 Adjourn. This agenda item was not addressed due to a lack of a quorum. ______________________________________ Mayor, Town of Trophy Club ATTEST: ______________________________________ Town Secretary, Town of Trophy Club COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 1-3-2005 Subject: Agenda Item No.F.2 Adjourn. (dc)