Asbury Manor-CS081222(12118/2009) Ken Griffin -Larry,
From: Clay Phillips
To: kbury99~aol.com; Larry Kingsbury
CC: Gary Sieb; Keith Marvin; Ken Griffin; Marcie Diamond
Date: 12/22/200810:02 AM
Subject: Larry,
Larry,
It is 100% accurate that Asbury Manor is not on our current HOA list. In doing some checking this morning, it appears that
the mailing address we had in 2007 was for the management company that previously oversaw the HOA. Why that contact
is no longer on the list is a question I have also. The staff member that normally manages the list is away on vacation and
will not return until the new year so I do not know at this point whether the management company responded to our
annual HOA contact information update request or not. The only reason I bring that issue to your attention is the fact that
we simply create a mail list when we are needing to contact HOA's using the contact information we have on hand.
Having said that, you are correct in that we need to provide your HOA with the same information that others have been
given. I have asked Marcie Diamond to invite your group to a meeting as soon as possible to fully inform you of the
information she shared at the Fall HOA Presidents meeting. She can be reached at mdiamondClci.co~pell.tx.us or
at)972)304-3676.
Additionally, the signage you see on the subject property has been done simply in preparation for the public hearing on
January 13 as required by our code. Code also requires that notices be placed in the newspaper and be sent to property
owners within 800'. I presume the staking was done for illustrative/explanatory purposes by the applicant but was in no
way done at the direction of city staff.
As I stated in the previous email, no approvals by the city have been granted regarding this case. The ordinance covering
drilling in the city provides the Council with certain authority to request applicants to move sites, screen sites, provide
satisfactory noise attenuation, and other items. Finally, it may be possible to deny the current request in total provided we
do not eliminate the applicant's ability to access the minerals. The public hearing is designed to provide the Council with
input from the community, further providing information that assists the Council in making their final decision.
Larry, I can assure you that your HOA will have all of the information we have at this point, including the staff
recommendation concerning the pending application. I will tell you that one of the most worrisome aspects of the entire
gas well subject involves the question of how far can a city go in denying the exploration of minerals by property owners.
Time will tell how enforceable municipal ordinances are regarding this issue as it is most likely only a matter of time before
a municipal ordinance is challenged in court.
Please call me when you have a chance to visit further. I f we do not talk before Wednesday, have a very Merry Christmas!
Page
Clay Phillips
City Manager
(972)304-3662
cphillipCalci.co~pell.tx.us