Friday, Jul. 25, 2008
Heated Topics
FM Council Discusses Urban Drilling, Utility Poles, The River Walk and a Letter
By Adrian McCandless
Staff Writer
The Flower Mound Town Council meeting on Monday picked up where a workshop session the previous Thursday had ended – minus two silent protesters.
At the July 17 workshop, two residents armed with protest signs against oil and gas drilling met council members, said nothing, and left shortly after council members went into their hour-long closed meeting. Topics included a discussion of the petition filed on June 27 by the Red Oak Gas Company and additional parties against Flower Mound and the Oil and Gas Board of Appeals with the 16th Judicial District Court of Denton County.
The Oil and Gas Board of Appeals had denied Red Oak Gas and its subsidiaries variances to reduce minimum setbacks for 15 gas wells at its June 18 meeting. The Red Oak Gas petition with the 16th Judicial District Court of Denton County is requesting a reversal of the decision.
"Our direction is to respond with an answer [to the lawsuit filed by Red Oak Gas]," Mayor Pro Tem Tim Trotter said at the Thursday workshop. The decision to file a response to the petition was reached during the closed session.
The status of oil and gas drilling was one of many heated topics on Monday’s agenda that prompted 11 Flower Mound residents to speak during the public participation section of the meeting.
"Our concerns go far beyond gas drilling," Becky Belcher said. "Ordinances are put in place to protect the town citizens, the town character and ultimately the overall quality of life for the town’s residents. It is not the town’s responsibility of this community to line the pockets of developers."
Marsha Gavitt said she felt as if the town staff was drifting away from the Master Plan, SMARTGrowth and various ordinances. She also condemned the council members for – what she claimed – was improper meetings with the Oil and Gas Board before board members vote.
Deputy Mayor Pro Tem Joel Lindsey said the Town Council Members did not act in an inappropriate manner and added he was unaware of what meeting Gavitt was referencing.
"To imply that somehow the council is holding secret 'corporate’ meetings with oil and gas – that we’ve met with the Oil and Gas [Board of Appeals] in an inpropriate way – that is just not true and [is] unfair," Lindsey said.
Lindsey went on to say that an anonymous letter was sent to the council members threatening their safety.
"I want to give the citizens an example of what this council faces," Lindsey said. "In this letter it says we all need to quit and get out of town … we’re hated just has much as the 'money hungry’ oil and gas companies. We’re being threatened ... all I know, is that this council is trying to take care of our citizens. Let me remind people that we didn’t invite oil and gas here – it was here before any of us got here."
In a related variance issue, Peggie Kimberlin discussed her views about The River Walk at Central Park.
"There are so many negatives associated with The River Walk, and many feel they are pressuring the town – ignoring the town ordinances – SMARTGrowth and Master Plan," Kimberlin said. "If The River Walk has to have that many variances, it can’t be really that healthy for Flower Mound."
Kimberlin said red flags should have been raised when it was discovered the timeline for The River Walk Project was a span of about ten years.
"We do not need a 'pork barrel’ project in Flower Mound … we need sound retail," she said. "Flower Mound stands to lose more than its fine reputation."
"I know there are a lot of concerns out there …. I want you to know that the town and staff are aware of the challenges coming forth," Mayor Pro Tem Tim Trotter said.
Although not specifically listed on the agenda, Trotter brought up the discussion of buried utility lines on FM 1171.
"We have tried hard to get the message out about what is going on with the utility poles relocation," Trotter said. "One of the things we want to assure everyone [is that] this is going to be a great sight once this road is widened … This is going to substantially increase our east and west access through Flower Mound."
CoServ Electric Service is currently using a double row of utility poles along Cross Timbers Roadway [FM 1171]. The company is in the process of moving service and expects the first set of poles closest to the street will be removed in about eight weeks.
"As you go through construction of this magnitude, it is not a pretty sight. If you remember [FM] 1171 going into Lewisville … or FM 3040 when they went through those expansions. It was two years of unsightly construction but look at what has been done since then. I think everyone will say it was a good thing," Trotter said.
The issue of burying utilities was a key discussion topic in the council approval of the site plan for the Justin Road Express Car Wash to be located at 3005 Justin Road.
G&A Consultants engineering firm representative Bobby Dollak said this was not like other typical car wash found in Flower Mound – it is a self-service carwash.
"I believe the reason [Planning and Zoning Commissioner Thomas] Goss voted against the project was because he had an issue with the power lines" Dollak said. "There is a variance request for the existing power line poles to remain. The estimated cost would be $71,362. It is a small car wash and it would be counter-productive to lower the 184-foot of power lines."
Trotter said he supported the exception to have the existing poles stay, but hoped the town can find a way to bury the utilities in the future.
"I liked an idea [Planning and Zoning Commissioner Thomas] Goss had about maybe setting up a payment fund to eventually bury the power lines – that maybe the way out of this problem – I support this exception," Trotter said.
Mayor Jody Smith announced that independent bond rating service Standard and Poor’s [S&P] recently upgraded Flower Mound’s General Obligation Bond Rating from AA- to AA+.
"The new rating is a strong indicator of financial community’s confidence in the Town of Flower Mound as an investment," Smith said. "The increase reflects our commitment to conserve leadership, quality services and sound financial planning."
The council members adjourned into a closed meeting about 7 p.m. to discuss the lawsuit filed against Flower Mound by Red Oak Sabine and an additional lawsuit filed by former police department employee Wess A. Jones, but no action was taken. The council did discuss and considered appointments to numerous boards and committees including the Oil and Gas Board of Appeals, Animal Services Board, Planning and Zoning Commission and Tax Increment Reinvestment Zone [TIRZ].
No replacement of former Planning and Zoning commissioner Dennis McKaige was named, but the council members did reappoint Christina Howard and Cathy McKaige to the Animal Services Board in addition to new member John Henry.
Additional items discussed at the July 17 workshop were the review of the SMARTGrowth Program and the termination of the contract with Denton county’s Special Programs for Aging Needs [SPAN]. These items will be scheduled to be addressed on future Town Council agendas.
"Let me remind people that we didn’t invite oil and gas here – it was here before any of us got here."
– Joel Lindsey,Deputy Mayor Pro Tem
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