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HomeMy WebLinkAboutCity Council-Minutes-11/18/2010 (2)City of Colleyville City Hall , '~ 100 Main Street ~~~ ~.~,i Colleyville, Texas 76034 Agenda 817.503.1000 ,:,.;,' www.colleyville.com City Council Wednesday, November 3, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation by Ms. Mary Smith, President, Colleyville Area Chamber of Commerce PC-2 Discussion of 2009 Crime Rate Information PC-3 Discussion of the State of the City meeting PC-4 Discussion of agenda item 6a: Approval of a request for a Special Use Permit for a gas well site on 13.24 acres on Lot 1, Block 1, of the Park Place Estates Addition and Tract 1 D, Abstract 295 in the W.E. Crooks Survey located at 7404 and 7504 Pleasant Run Road, Case ZC10-022 PC-5 Discussion of the November 3, 2010 City Council meeting regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Section 551.071 -Legal -Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion pending litigation - Raman Chandler Properties v. City of Colleyville City of Colleyville Page 1 Printed on 10/28/2010 City Council Agenda November 3, 2010 Section 551.071(2) -Legal -Consultation with attorney regarding status and terms of Franchise Agreement with Oncor Section 551.072 - Real Estate -Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Randy Groves, Pleasant Run Baptist Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-10-3281 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3282 4a Approval of the minutes of the regular City Council meeting of October 19, 2010 4b Approval of the minutes of the City Council worksession of October 4, 2010 4c Approval of a contract with Time Warner Telecommunications Data Services, in an amount not to exceed $48,730 annually, and authorizing the city manager to execute the contract 4d Approval to renew the janitorial services agreement with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to City of Colleyville Page 2 Printed on 10/28/2010 City Council Agenda November 3, 2010 exceed $110,300, and authorize the city manager to execute the agreement 4e Approval of Service Agreements between the City of Colleyville and Trane Service Group, through the Texas Cooperative Purchasing Network (TCPN) to provide for year five of a five-year agreement for the inspection, maintenance and repair of the HVAC systems in the Colleyville City Hall, Colleyville Public Library and Justice Center, in an amount not to exceed $62,019 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1777 Approval of changing the Texas Municipal Retirement System plan design from repeating to ad hoc annuity increases 5b 0-10-1778 Approval of amendments to Chapter 3.1 Oil and Gas Well Drilling and Production of the Land Development Code, GC10-011 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1779 Approval of a request for a Special Use Permit for a gas well site on 13.24 acres on Lot 1, Block 1, of the Park Place Estates Addition and Tract 1 D, Abstract 295 in the W.E.. Crooks Survey located at 7404 and 7504 Pleasant Run Road, Case ZC10-022 6b 0-10-1780 Approval of a request for a Package Store on Lot 1R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC 10-024 6c 0-10-1781 Approval of a request for a Special Use Permit for a private school on Lot 15A, Block 1, of the Fairway Addition located at 1211 W. Murphy Road, Case ZC10-025 6d 0-10-1782 Approval of a request for a Package Store on Lot 1, Block 1, of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC 10-026 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-10-3283 Consideration of appointment to the Park Land Dedication Committee 7b R-10-3284 Approval of changing the date of the second regular City Council meeting in December 2010 City of Colleyville Page 3 Printed on 10/28/2010 City Council Agenda November 3, 2010 7c R-10-3285 Approval to establish the Colleyville Services to Assist Retailers/Restaurants 7d R-10-3286 Approval of Guidelines and Criteria for Economic Development Incentives 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 3, 2010 -Reading and Public Hearing -Resolution R-10-3287 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 29, 2010, b :00 m. ~~ Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 10/28/2010 ,~, ,,, ~,,.~ FYI'` n~ i~ __ , .•~., City of Colleyville City Council Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, November 3, 2010 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 3, 2010, at 5:32 p.m. PC-1 ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Community Development and Public Works Director Ron Ruthven, City Engineer Jeremy Hutt, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Economic Development Director Marty Wieder, Parks and Recreation Director Monica Walsh, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:31 p.m. Presentation by Ms. Mary Smith, President, Colleyville Area Chamber of Commerce Ms. Mary Smith, President of the Colleyville Area Chamber of Commerce (Chamber) introduced Lauren Duke, Director of Membership, and presented the vision of the Chamber. Ms. Duke presented information regarding Chamber activities and projects, the partnership of the Chamber and City with Keep Colleyville Beautiful, Leadership Colleyville and various community service projects. Ms. Smith provided additional information regarding the Chamber's recognition of community leaders, promotion of and alliances with local businesses, relocation services and Chamber publications. Ms. Smith expressed appreciation to the City Council for the City's financial support of the Chamber and answered questions of the City Council. City of Colleyville Page 1 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 Discussion ensued regarding the joint effort between the City and Chamber to support economic development through efforts to retain businesses and recruit new business. Councilmember Taylor expressed appreciation to the Chamber for promoting businesses through the ribbon cutting ceremonies. PC-2 Discussion of 2009 Crime Rate Information Police Chief Steve Dye presented the Federal Bureau of Investigation 2009 Uniform Crime Reporting statistics and reported Colleyville has the lowest crime rate for all cities that are entirely contained within Tarrant County and this is the seventh consecutive year that the City has held the distinction of having the lowest crime rate in the county and the fifth consecutive year Colleyville has experienced a drop in the crime rate and answered questions of the City Council. Discussion ensued regarding the crime rates in surrounding cities, crime initiatives, community policing, factors that contribute to Colleyville's low crime rate, the needs of the department and providing crime prevention and crime rate information on the cable channel and web site. PC-3 Discussion of the State of the City meeting City Manager Jennifer Fadden stated the inaugural State of the City meeting was held in March 2009 and City Council requested the State of the City meeting be held on an annual basis. It is proposed the meeting be held each year on the fourth Thursday in January at the Colleyville Center and the second annual State of the City meeting be held on Thursday, January 27, 2011, in conjunction with the Colleyville Open House event. Staff is requesting direction from City Council regarding the topics of the State of the City presentation and the room arrangement. It was determined State of the City meetings will be held annually, in conjunction with the City's Open House event, on the fourth Thursday in January at the Colleyville Center. The 2011 meeting and open house event will be held Thursday, January 27, 2011; the room arrangement will provide for City Council seating at the front of the room, with the podium in the middle of the seating; each Councilmember will have an opportunity to make opening or closing comments; the meeting message will be approximately 45 minutes in length and the question and answer segment will be limited to approximately 25 minutes; staff will be available to answer questions after adjournment of the meeting; information regarding service on the City's boards, commissions and committees will be provided; civic organizations will be invited to City of Colleyville Page 2 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 participate and provide information as part of the open house activities; and, the presentation will be broadcast on the web site and cable channel. City Manager Jennifer Fadden stated a City fact pamphlet will be produced and available during the meeting. PC-4 Discussion of agenda item 6a: Approval of a request for a Special Use Permit for a gas well site on 13.24 acres on Lot 1, Block 1, of the Park Place Estates Addition and Tract 1 D, Abstract 295 in the W.E. Crooks Survey located at 7404 and 7504 Pleasant Run Road, Case ZC10-022 Mr. Chris Hammack, Vice President, Operations, Titan Operating, LLC, commended staff and the Planning and Zoning Commission for their assistance and presented information regarding the TCC drill site related to site location, unit development, transportation route, traffic volume, production operations, aethetics of the pad site and answered questions of the City Council. Discussion ensued regarding the drilling process and timeline, hydraulic fracturing process, transportation route, road remediation fee and road repair agreement and pipeline route. Fire Chief Russell Shelley provided information regarding the City's response to mitigate any emergency that might arise as a result of a fire or hazardous materials release at a drill site, and stated specialized training related to gas well drilling sites, has been scheduled for all fire department personnel City Engineer Jeremy Hutt provided information regarding street assessment factors. Community Development Director Ron Ruthven stated the new regulations that will be considered by City Council this evening will require specific pipeline plans to be submitted with the Special Use Permit application. This particular case is grandfathered under the current regulations. PC-5 Discussion of the November 3, 2010 City Council meeting regular agenda items Discussion ensued regarding Consent agenda item 4c regarding a contract with Time Warner Telecommunications Data Services related to the contract period and Verizon's ability to provide the same service and agenda item 5b, regarding amendments to the Land Development Code, oil and gas well drilling production and access liability coverage. City of Colleyville Page 3 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 Mayor Kelly adjourned the Pre Council meeting at 6:58 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 3, 2010, at 6:58 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Community Development and Public Works Director Ron Ruthven, City Engineer Jeremy Hutt, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Economic Development Director Marty Wieder, Parks and Recreation Director Monica Walsh, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Section 551.071 -Legal -Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.071(2) -Legal -Consultation with attorney regarding status and terms of Franchise Agreement with Oncor Section 551.072 - Real Estate -Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand City of Colleyville Page 4 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:59 p.m. and reconvened at 7:42 p.m. INVOCATION: Councilmember Mike Taylor PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-10-3281 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Councilmember Wollin invited the public to participate in the Colleyville Public Library Foundation's annual "Race To Read" 5k Run/1 Mile event, benefiting the Colleyville Public Library, on Saturday, November 6, 2010 at 8:00 a.m. The event will include the "Big Piggy Bank Fill" campaign, baby pig races, a live DJ, Oink's Ironman Challenge Bounce House for older children and the Colleyville Lions Club will prepare and serve breakfast and Friends of the Colleyville Public Library will have a bargain book sale from 10:00 a.m. to 2:00 p.m. to benefit the library. Councilmember Wollin stated that she and Councilmembers Hall and Muhm attended the Texas Municipal League Conference in Corpus Christi, October 27-29, 2010, and heard Arlington's Mayor Robert Cluck, Texas Municipal League President, encourage municipalities to closely watch the Legislature this year as they may try to impose unfunded mandates on cities or take away revenue cities currently receive to help close the gap on a huge state budget deficit. Mr. Cluck stated cities should be attentive and voice concerns about proposals that decrease local revenue and be prepared for a potential battle between cities and the state. Mayor Kelly invited Colleyville students in grades 2 through 7 to enter the annual Mayor For A Day contest. Students may enter the contest by submitting an essay addressing what they would do to make Colleyville the best city in North Texas. The essays are due on or before Friday, November 5, 2010 and the winner will be announced Friday, November 12. The winner will serve as honorary Mayor during the City Council meeting on Tuesday, December 7, 2010 and spend part of the week City of Colleyville Page 5 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 touring City facilities and meeting City officials Additional information is on the City's web site at colleyville.com. Mayor Kelly invited the public to the 2nd annual Police Department versus Fire Department softball game on Sunday, November 7, 2010, on field 9 at City Park. The proceeds benefit the Colleyville Citizen's Fire and Police Academies. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3282 4a Approval of the minutes of the regular City Council meeting of October 19, 2010 4b Approval of the minutes of the City Council worksession of October 4, 2010 4c Approval of a contract with Time Warner Telecommunications Data Services, in an amount not to exceed $48,730 annually, and authorizing the city manager to execute the contract 4d Approval to renew the janitorial services agreement with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $110,300, and authorize the city manager to execute the agreement 4e Approval of Service Agreements between the City of Colleyville and Trane Service Group, through the Texas Cooperative Purchasing Network (TCPN) to provide for year five of a five-year agreement for the inspection, maintenance and repair of the HVAC systems in the Colleyville City Hall, Colleyville Public Library and Justice Center, in an amount not to exceed $62,019 Mayor Kelly read Resolution R-10-3282 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-10-3282. Councilmember Hall seconded the motion. City of Colleyville Page 6 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 The motion carried by the following vote: 6. 5a 5b Mayor Kelly read the caption of Ordinance 0-10-1778. Community Development Director Ron Ruthven stated based on City Council comments during the October 19, 2010 City Council meeting, staff clarified and added definitions of terms referenced in the proposed ordinance. Mayor Kelly opened the public hearing. Mr. Bill Dahlstream, Jackson Walker, L.L.P., 901 Main Street, Dallas, Texas, representing Chesapeake Energy, outlined suggested changes to the proposed ordinance. Mr. Jeb Loveless, 100 Throckmorton Street, Fort Worth, Texas, representing Texas Midstream Gas Services, LLC, outlined concerns related to the proposed ordinance. Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor ORDINANCE(S): SECOND READING AND PUBLIC HEARING 0-10-1777 Approval of changing the Texas Municipal Retirement System plan design from repeating to ad hoc annuity increases Mayor Kelly read the caption of Ordinance 0-10-1777. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item. Mayor Kelly moved to approve 0-10-1777. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Nay: 1 -Michael Muhm 0-10-1778 Approval of amendments to Chapter 3.1 Oil and Gas Well Drilling and Production of the Land Development Code, GC10-011 City of Colleyville Page 7 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 Mr. Rick Wollin, 4600 Dartmoore Lane, stated he is a lawyer but is not here to provide legal advice; he worked for oil and gas companies for over 20 years as a senior officer, but does not have any current association with any oil and gas company and is not here to represent their interest; he is a founder of the Bedford Colleyville Minerals Rights Coalition but does not profess to speak for those members; and, my wife serves on the City Council, but the views expressed are my own. Mr. Wollin spoke in support of the proposed ordinance, and regarding pipeline regulations setback provisions, prohibition of lift compressors, time limits on drilling activities, the rights of mineral owners, the economic benefit of the Barnett Shale and commended staff for protecting the City's interest. There were no others present wishing to speak concerning this item and Mayor Ketly closed the public hearing. Discussion ensued regarding the process and timeline for development of the City's regulations regarding oil and gas drilling, the calculation, amount and assessment for permits, regulations, road remediation and period of time for the Special Use Permit. Councilmember Muhm moved to approve 0-10-1778, with the amendment to extend the Special Use Permit from three years to a five-year period. Mayor Pro Tem Ayers seconded the motion. Mayor Pro Tem Ayers made the following friendly amendments: Remove the reference to Chapter 401 and change to Chapter 551 of the Texas Local Government Code; Section 3.1-106, should be modified to say "waiver" instead of "variance"; Section 3.1-115, eliminate the words "extra territorial jurisdiction"; Section 3.1-135.1.9, change the word "subdivision to "lease site"; Section 3.1-135.1.9, reword the ordinance to say ...location and dimension of all existing easements proposed by the applicant shall be shown..."; Section 3.1- 145.B.15.h, replace the word "immediately" with "within 48 hours"; Section 3.1-145.C.2.a, add "make the cost associated with an expert reasonable and necessary". Councilmember Muhm accepted the friendly amendments. Councilmember Taylor asked the City Attorney what it means when the City Attorney signs the ordinance under the statement "Approved as to form and legality". City Attorney Matthew Boyle stated, my job as City Attorney is to provide legal counsel to the City, including reviewing and providing input on ordinances and the City Charter mandates. In order for an ordinance to City of Colleyville Page 8 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 be approved, my signature to that form that says it is approved as to form and legality is included thereon to have a final and approved ordinance and that is why it is part of every ordinance preparation. Those come to my desk and our office for review and input. Councilmember Taylor asked, where there is preemptive powers, our local laws would stand down, correct? City Attorney Boyle stated, it is certainly possible and there are plenty of examples out there where the City is flat out preempted. I am not necessarily in concurrence with both of the authors and certain of those areas tonight. City Attorney Boyle stated, for clarity sake, Mr. Dahlstrom did call my office this morning and then did dispatch the letter my way mid-afternoon today, and the same was forwarded on to staff. That was what allowed a more thorough and cognizant review of it in advance of tonight's meeting. Councilmember Muhm commended staff for preparing a comprehensive ordinance and stated the ordinance has many protections in place for the citizens. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1779 Approval of a request for a Special Use Permit for a gas well site on 13.24 acres on Lot 1, Block 1, of the Park Place Estates Addition and Tract 1D, Abstract 295 in the W.E. Crooks Survey located at 7404 and 7504 Pleasant Run Road, Case ZC10-022 Mayor Kelly read the caption of Ordinance 0-10-1779. Community Development Director Ron Ruthven provided information regarding the application for a Special Use Permit by Titan Operating, LLC (Titan), on 13.2 acres located at 7404 and 7504 Pleasant Run Road. The applicant proposed to establish a well drilling and production site, along with a fresh water fracturing pond and initial drilling activities are proposed to begin January 2011. There are 304 letters of support and three letters in opposition and the Planning and Zoning Commission and staff recommends approval with the conditions as stated in the proposed ordinance. City of Colleyville Page 9 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 Mayor Kelly opened the public hearing. Mr. Aric Head, 5751 Kroger Drive, Keller, Texas, Principal, Peloton Land Solutions, spoke regarding the Titan's drilling plans including well site locations, leasing and distance waivers, development phasing, accessory structures, access routes, noise remediation, landscaping and screening, water quality, waste control and emissions, environmental issues and inspections and expressed appreciation to staff for their assistance in this process. Mr. Chris Hammack, 111 West 4th Street, Fort Worth, Texas, Vice President, Operations, Titan Operating, LLC (Titan), presented information regarding Titan's investments in the community and outlined the benefits of the drilling wells and safety history. Mr. John Fegan, 1303 Belefonte, spoke in support of the proposed ordinance. Mr. Keith Staudt, 7208 Belle Meade, representing the Pebble Hills Homeowner Association, spoke in support of the proposed ordinance. Ms. Karen Wilson, 100 Timberline South, spoke in opposition to the proposed ordinance and regarding safety issues and timeline for approval of the pipelines if the ordinance is approved. Mr. Matt Cleaves, 909 Parkview Court, Southlake, Texas, spoke regarding the safety issues related to drilling and the fracturing operations. Mr. Van Williams, 25 White Chapel Downs Drive, Southlake, Texas, President of Oak Hills Homeowner Association, spoke in support of the proposed ordinance. Mr. Michael Carr, 7002 Shepherds Glen, spoke regarding safety issues related to oil and gas drilling, environmental concerns, water quality testing and pipeline plan. Mr. Bryant Thomason, 7208 Pleasant Run Road, spoke in support of the proposed ordinance. Mr. Rick Wollin, 4600 Dartmoore, spoke in support of the proposed ordinance and regarding the benefits of drilling to the City and citizens, the timeline for drilling operations and commended City Council, the Planning and Zoning Commission and staff for the development of the ordinance and protecting the interests of the citizens. City of Colleyville Page 10 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 Mr. David Adams, 165 Creekway Bend, Southlake, Texas, commended City Council for development of the proposed ordinance and spoke regarding a pipeline plan, royalties and environmental concerns. Mr. Bill Goodman, 513 Bandit Trail, spoke in support of the proposed ordinance. Mr. Grady Walker, 7309 John McCain Road, spoke in support of the proposed ordinance and regarding the efforts of the Colleyville Area Mineral Rights Association (CAMRA), the benefits of the drilling operations and expressed appreciation to staff for due diligence in the development of the proposed ordinance. Ms. Nancy Farrar, 7805 Jefferson proposed ordinance and regarding values and the environment. Circle, spoke in opposition to the the impact of drilling on property Ms. Esther McElfish, 7112 Martha Lane, Fort Worth, Texas, representing North Central Texas Communities Alliance, spoke in opposition to the proposed ordinance and regarding the potential payout, impact on property values, water recycling process, vapor recovery systems to address emissions, pipeline plan and location of the infrastructure. Mr. Jay Lowe, 7500 Monroe Court, spoke in opposition to the proposed ordinance and regarding the potential impact of drilling on the beauty of the community. Mr. Chris Monroe, 1500 South White Chapel Boulevard, Southlake, Texas, spoke in opposition to the proposed ordinance and regarding the potential health and safety concerns related to drilling and the impact to property values. Councilman AI Zito, 501 Potomac Place, Southlake, Texas, spoke in opposition to the proposed ordinance and regarding the use the latest technology to address safety concerns, the route of the pipeline and the timeline for the Special Use Permit. Mr. David Rea, 1640 Bent Creek Drive, Southlake, Texas, spoke in opposition to the proposed ordinance and regarding potential contamination from drilling, the use of vapor recovery units and third party air quality testing. Mayor Kelly stated the following individuals did not wish to speak but wished to record support of the proposed ordinance: Mark Schumacher, William Lafaver, John Perkins, Martha Coleman, George Coleman, Mickey Harris Perkins, James A. Linn, Manzueen A. Shafi,Taherah Shafi, Anila Malik, Amjad Malik and Diane Frasier. City of Colleyville Page 11 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 Mayor Kelly stated the following individual did not wish to speak but wished to record opposition to the proposed ordinance: Anne Dyson. There were no others wishing to speak and Mayor Kelly closed the public hearing. Community Development Director Ruthven provided information regarding a vapor recovery unit and Federal Emergency Management Association (FEMA) designations for land in a flood plain and stated the applicant submitted a detailed flood study that meets FEMA requirements. City Engineer Jeremy Hutt stated the flood study showed no adverse effects to the development, work is not allowed in the flood way and provided information regarding the capacity of the compost berm. Community Development Director Ruthven stated with the approval of Chapter 3.1, an applicant will have to submit specific detailed pipeline plans. Because this application was submitted before the new standards were adopted, that was not a requirement. However, we do have a potential pipeline route for this request. When the applicant applies for a permit, the City Council will still have to approve the pipeline configuration. There was general discussion regarding the authority of the City and Railroad Commission related to a pipeline route, the ability of Titan to provide a pipeline plan, timeline for providing a pipeline route to City Council and construction of a pipeline, the need for and use of vapor recovery units and the type of screening. Councilmember Taylor requested Mr. Hammack, state for the record, that Titan understands the drilling is not in outlying markets; that the drilling is in a populated area with very high valued homes and we take great pride in our neighborhoods. Please state for the record that you understand those differences and provide additional explanation related to the contractors. Mr. Hammack stated we do understand this is a different nature and we do drill in other urban environments in and around the metroplex; Colleyville is not the only one. We can show some examples of sites in Arlington, which are not much different than they are here in Colleyville. We are experienced in what we are doing. It was mentioned that we have only been around for two years and that is a fair statement to make but the principles of the company have been around the Barnett since the beginning of the horizontal times so we are considered old timers in the industry. What we are doing and is much different that you would see in a rural setting is the type of the equipment we use. We have City of Colleyville Page 12 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 talked a little bit about the Flex Four S, which is an electric rig, with only about 30 in the country and is a very specialized rig for emissions, sound, for light, for the ability. The contractors that Titan uses are trained to work inside urban environments; it is very different from what is being done in Hood County. We make sure the contractors understand the environment and Titan personally supervises these things. Mayor Pro Tem Ayers asked the City Attorney to explain the pipeline procedure and I know in other cases, that the City Council is able to pass Special Use Permits with contingency and could one of those contingencies be that this SUP will not pass and become effective unless there is some issue resolving the pipeline situation. So, two-part question, explain the process and then the issue of the contingency. City Attorney Boyle stated the process that was just adopted by the City Council tonight for pipelines mandates that the City Council approve the routing of any pipeline within the city limits of the City of Colleyville. So, that is what has been instituted now. What you have in that ordinance for future SUP applications is it forces a marrying of timing between the pipeline and padsite development to say you are not going to get an SUP unless you correspondingly have a pipeline plan in place at the same time. To answer your second question on this contingency issue, I believe in looking at the draft ordinance between now and the next meeting, it would be possible to look at language that would allow for a potential favorable approval of this SUP, but tie its effective date or its effectiveness for use to a subsequent approval of the corresponding pipeline plan consistent with the new 3.1. Mayor Pro Tem Ayers asked the City Attorney if that affects these folks ability to proceed with their project subject to that approval process of the pipeline. City Attorney Boyle stated the challenge it appears these gentlemen are presenting is one of timing and a catch 22 about which comes first, the chicken or the egg, meaning the SUP or the pipeline. I believe you have the ability through revised language in the ordinance to lock down the SUP and then use that as a basis upon which to tie down the pipeline permit so that when those two are ultimately achieved, they go into effect at the same time. Mayor Kelly recessed the meeting at 10:29 p.m. and reconvened at 10:41 p.m. 6b 0-10-1780 Approval of a request for a Special Use Permit for a Package (liquor) Store on Lot 1R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC10-024 City of Colleyville Page 13 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 Mayor Kelly read the caption of Ordinance 0-10-1780. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for a package store at 4701 Colleyville Boulevard and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Scott Renfrey, 2701 Colleyville Boulevard, General Partner, Colleyville Crossing, LP, spoke regarding the history of and plans for the retail development center and regarding the building design and aesthetics, signage, landscaping and the proposed tenant. Mr. Joe Jansen, 12312 Archdale Drive, Dallas, Texas, spoke regarding the history of the Goody Goody's organization, size of the proposed store, expansion plans, sales revenue and interior store design and answered questions of the City Council. Mr. Geoffrey Owen, 809 Creekview Lane, spoke in opposition to the proposed ordinance and regarding the proximity of a private school to the proposed package store and the impact on property values. Mayor Kelly stated the following citizens do not wish to speak but wish to record opposition to the proposed ordinance: Karen Wilson, Martha Coleman and George Coleman. Mayor Kelly stated the following citizens do not wish to speak but wish to record support of the proposed ordinance: William Lafavre and Van Williams Mr. George Coleman, 6402 Emerald Drive, spoke regarding the Texas Alcoholic Beverage Commission (TABC) distance requirements to public schools. Mr. William LeFavre, 620 South White Chapel Boulevard, Southlake, Texas, spoke in support of the proposed ordinance and regarding the character of Mr. Joe Jansen. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Community Development Director Ron Ruthven, stated the distance from property line to property line from Bransford Elementary is 370 feet and from the Montessori school is 25 feet. Mr. Ruthven further stated the City requirements was 1,000 feet and the City changed it about eight years ago to 300 feet and that is the current regulation. The TABC City of Colleyville Page 14 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 allows the exemption, only for a package store, and waives the 300 foot requirement for a private school. Discussion ensued regarding the line of sight from the schools to the package store, the facade of the proposed package store, screening, building design score, landscaping plan, security and store services. Police Chief Steve Dye stated there is no additional benefit to expanding the glass front on the store. Discussion continued regarding the retail development center design upgrades design score. Councilmember Taylor asked the City Attorney to clarify the distance requirement from a package store to a school. City Attorney Boyle stated it is 300 feet in Colleyville. 6c 0-10-1781 Approval of a request for a Special Use Permit for a private school on Lot 15A, Block 1, of the Fairway Addition located at 1211 W. Murphy Road, Case ZC10-025 Mayor Kelly read the caption of Ordinance 0-10-1781. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit (SUP) for a private school at 1211 W. Murphy Road and stated staff does not recommend that the entire site be required to be in compliance with the Land Development Code in terms of landscaping and parking and the Planning and Zoning Commission and staff recommends approval. Mayor Kelly opened the public hearing. Mr. Matt Russell, 1211 Murphy Road, applicant, spoke regarding the development of the proposed school, future plans for the school and desire and plans to comply with all building, American Disabilities Association (ADA) and fire code requirements. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hart requested the applicant provide pictures of the school area. Discussion ensued regarding number of instructors, number of students, expansion plans, ingress and egress, capacity of building and purpose of school. City of Colleyville Page 15 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 6d 0-10-1782 Approval of a request for a Special Use Permit for a Package (liquor) Store on Lot 1, Block 1, of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC10-026 The City Council unanimously agreed to continue the meeting past midnight. Mayor Kelly read the caption of Ordinance 0-10-1782. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for a package store at 7990 Precinct Line Road and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Ken Baca, 105 YMCA Drive, Waxahachie, Texas, representing the property owner and store operator, provided information regarding the current business, plans for building upgrades, employee training and neighborhood and customer support. Mayor Kelly stated the following individuals did not wish to speak but wished to record opposition to the proposed ordinance: Martha Coleman, George Coleman and Karen Wilson. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Baca provided information regarding obtaining the appropriate license for the package and convenience store, staffing requirements and sales revenue. Discussion ensued regarding the design score and enhancements. Councilmember Hall requested the applicant consider other names for the business. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-10-3283 Consideration of appointment to the Park Land Dedication Committee Mayor Kelly read Resolution R-10-3283 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 16 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin nominated Ron Rotthaus. There were no other nominations. Councilmember Wollin moved to approve Resolution R-10-3283, appointing Ron Rotthaus to the Park Land Dedication Committee. Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7b R-10-3284 Approval of changing the date of the second regular City Council meeting in December 2010 Mayor Kelly read Resolution R-10-3284 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hart moved to approve Resolution R-10-3284. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7c R-10-3285 Approval to establish the Colleyville Services to Assist Retailers/Restaurants Mayor Kelly read Resolution R-10-3285 in its entirety. Economic Development Director Marty Wieder provided an overview of the cooperative program of Colleyville Services to Assist Retailer/Restaurants and answered questions of the City Council. Mayor Kelly opened the public hearing. City of Colleyville Page 17 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the collaboration of the Colleyville Area Chamber of Commerce events with this initiative, program marketing efforts and the inclusion of all Colleyville businesses. Mayor Kelly moved to approve Resolution R-10-3285. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7d R-10-3286 Approval of Guidelines and Criteria for Economic Development Incentives Mayor Kelly read Resolution R-10-3286 in its entirety. Economic Development Director Marty Wieder stated the changes as recommended by City Council have been included in the proposed Guidelines and Criteria for Economic Development. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-10-3286. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 3, 2010 -Reading and Public Hearing -Resolution R-10-3287 This resolution was not needed. City of Colleyville Page 18 Printed on 11/17/2010 City Council City Council Minutes November 3, 2010 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn and Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 12:26 a.m. APPROVED BY A VOTE OF ~~ AYES, ABSTENTIONS ON THIS THE /~~ DAY OF Minutes taken and prepare by: Cynthia Singleton, TRMC, C C City Secretary T' NAND -~ 2010. City of Colleyville Page 19 Printed on 11/17/2010