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E-mail This StoryIn a closed meeting Thursday, the Flower Mound Town Council directed the town attorney to file an answer in a lawsuit filed by Red Oak Gas against the town and its Oil and Gas Board of Appeals.
The suit was filed after the board denied 15 variance requests for setbacks by Red Oak Gas on June 18 for gas drilling on a 134-acre tract of land located east of FM 2499, west of Morriss Road, north of FM 1171 and south of Timber Trails Park.
Friday, town officials said Flower Mound will defend the board’s decision.
Town officials would not comment on the decision, citing pending litigation.
The requested pad site was located on the northeast portion of the property. Because the pad site did not meet some of the distance requirements outlined in the town’s gas drilling ordinance, the applicant was required to request a variety of setback variances, including distance from a public building that includes a school, hospital or religious institution.
The request would have put a well 779 feet from First Baptist Church, located at 1901 Timber Creek Road, and a tank battery 885 feet from the church. The ordinance requires a setback of 1,000 feet for both, or down to 500 feet with a variance.
The requested variance also would have put a well 695 feet from Applewood Daycare, located at 2011 Timber Creek Road, and a tank battery 827 feet from the daycare. The variance would have allowed for a setback down to 500 feet.
The petition filed by Red Oak Gas claimed the denial was made “without reference to applicable criteria and standards, is illegal in whole or in part, constitutes an abuse of discretion, was arbitrary and capricious, causes Red Oak Gas an unnecessary hardship, is otherwise wrongful, invalid and unenforceable and should be reversed.”
Also at the meeting, the council discussed options for transportation for residents who are 60 or older and residents with verifiable disabilities of any age.
The discussion was prompted since the contract with Special Programs for Aging Needs (SPAN) is set to be terminated Monday because SPAN and the town were unable to come to terms on funding for the remainder of the year’s contract.
In addition to using SPAN without a contract, town staff looked at other options, such as using Denton County Transportation Authority (DCTA), a town-operated system or not having a designated program.
The staff researched programs in 16 neighboring cities to develop a list of pros and cons for each option.
Benefits for using SPAN would be the drivers already know the area and the town could set its own rates. But, because of the contract being terminated, the service area and hours of operation would be reduced.
DCTA would provide an expanded service area and hours of operation and would cost less because of grant funding, but there would be fixed user rates.
A town-operated system would give Flower Mound control of user fees, but more capital cost and operating expenses would be expected, as well as lack of operating expertise.
Not having a designated system, which Flower Mound found that Colleyville does, would not cost the town anything but would mean limited service to residents.
Bart Stevenson, executive director of community services, said the town is awaiting research from the DCTA subcommittee on a possible contract with Flower Mound, Hickory Creek and Corinth.
Mayor Pro Tem Tim Trotter said he would like to know what DCTA finds out before the town makes a move.
“I think we need to see more financial data,” Trotter said.
Also on Thursday, the council discussed the status of the town’s SMARTGrowth program. The council used a preliminary survey filled out by most of the council members that ranked several items by importance as they relate to SMARTGrowth projects.
Among the top-ranked items were looking at the process of large, multi-phase projects, regulations regarding the undergrounding of overhead utilities and the need for roadways for east-west access.
