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HomeMy WebLinkAboutCity Council-Minutes-1/8/2013 N , Y "� City of Colleyville City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 1:�:•: Agenda 817. 503.1000 r E x :�7 www.colleyville.com Tuesday, January 8, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of the Grapevine-Colleyville Independent School District 83rd Texas Legislative Session agenda PC-2 Discussion and update on North Texas drought conditions PC-3 Discussion of the January 8, 2013, City Council 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 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the Fire Chief 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. CITY COUNCIL CHAMBERS City Council Agenda January 8, 2013 INVOCATION: Pastor David Fedele, First Baptist Church Colleyville 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-13-3581 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-13-3582 4a Approval of the minutes of the Special City Council Meeting of December 17, 2012 4b Approval of the minutes of the regular City Council meeting of December 18, 2012 4c Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 10,252 square feet of City owned property in the 200 block of Black Drive, Case GC12-014 4d Approval of a final plat of Lots 1-6, Block 1, of the Black Drive Subdivision on 2.78 acres located at 200 Black Drive, Case PC12-019 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-12-1860 Approval of amendments to Chapter 9-Subdivision Design and Public Facilities in the Land Development Code 5b Ordinance 0-12-1861 Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1A, Block 1, of the Highland Acres Addition located at 412 Timberline Drive North, Case ZC12-026 City Council Agenda January 8, 2013 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-13-1862 Consideration of a request for a Special Use Permit for a donation station on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117-B Colleyville Boulevard, Case ZC12-027 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3583 Consideration of approval for a change in ownership from Titan Operating, LLC, to Atlas Resource Partners, L.P., per the requirements of Section 3.1-145(E)2 of the Land Development Code, for the gas well site located at 7504 Pleasant Run Road, authorized by Special Use Permit Ordinance 0-10-1779 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 8, 2013 - Reading and Public Hearing - Resolution R-13-3584 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards January 4, 2013, by 5:00 p.m. • tii , Amy 4elley 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 v City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 wur- Minutes 817. 503.1000 r t" x y www.colleyville.com Tuesday, January 8, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on January 8, 2013, at 5:31 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tern Torn Hart and Councilmembers Carol Wollin, Stan Hall, Michael Muhm, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were also present. PC-1 Discussion of the Grapevine-Colleyville Independent School District 83rd Texas Legislative Session agenda City Manager Jennifer Fadden briefed the City Council regarding the Grapevine- Colleyville Independent School (GCISD) Legislative Agenda for the 83rd Texas Legislative Session. Superintendent Dr. Robin Ryan came forward and stated the school board did adopt this Legislative Agenda to show their strength as a public school. Mayor Kelly questioned Dr. Ryan regarding if a payment from the Robin Hood funds was required to be made even though there was $14 million cut from the budget. Dr. Ryan replied yes, $29 million was paid last year and $28 million was paid this year. Councilmember Muhm questioned Dr. Ryan regarding why the $14 million was taken out. Dr. Ryan replied it was taken for a lack of funds from the State revenues. Councilmember Taylor questioned Dr. Ryan regarding what are the most important points, as viewed by the Board? Dr. Ryan replied it is having the ability for local control, as a community, for the type of education for the children, and to be able to present it to the community moving forward. Councilmember Hall questioned Dr. Ryan regarding the number of school districts within the lawsuit. Dr. Ryan replied 800 are involved. City Council Minutes January 8, 2013 Councilmember Hall questioned Dr. Ryan regarding if the 800 includes the districts receiving Robin Hood benefits. Dr. Ryan replied yes. Councilmember Hall questioned Dr. Ryan regarding why those school districts would be fighting it? Dr. Ryan replied the funding formulas are still not fair. Councilmember Muhm questioned Dr. Ryan regarding who agrees to the items such as 45 days of testing. Dr. Ryan replied the Texas Education Agency (TEA) and the Legislature. Councilmember Muhm questioned Dr. Ryan regarding the options for bringing in the $5.4 billion. Dr. Ryan replied the solution options are complicated, but the biggest need is a change in the funding formula, which began when the tax laws changed in 2006. Councilmember Muhm questioned Dr. Ryan regarding if the teachers received step increases. Dr. Ryan replied no and there are no other increases anticipated. Councilmember Taylor questioned Dr. Ryan regarding if there are federal matching monies which follow this. Dr. Ryan replied in certain districts there are more federal dollars tied to the poverty levels. He further explained in the higher poverty levels there are more federal dollars. Councilmember Taylor stated there used to be a true inequality from an infrastructure stand point but the money seemed to keep coming in however it did not change poverty rates. He stated it seems the money is being distributed based on political views. He explained the wealthy districts send out more money while their infrastructure still has to be maintained. He further stated this school district has managed its resources. Mayor Kelly stated the school district has done a better job of getting the information to the people that something has to be done. He further stated it takes City Councils and parents to support resolutions to be presented to Legislation. Councilmember Muhm concurred and stated this school district is doing a good job. He stated being in support of doing something, in the general spirit, to raise the bar, like drafting a letter for the cause. He stated the difficulty is within the solutions. He explained everybody wants more money to do something, but nobody wants to pay more money to do it. Mayor Kelly stated the bigger issue is the local control. He explained local taxes are not being spent on local schools. He stated there will always be inequities. Councilmember Muhm stated there are times when those schools are building larger facilities with our money. Councilmember Hall concurred. City Council Minutes January 8, 2013 Councilmember Short questioned Dr. Ryan regarding the problem with the vouchering system. Dr. Ryan replied they want all children to be a product of their schools. He stated the vouchering system takes public money and gives it to a private institution without any accountability to those tax dollars. Councilmember Muhm questioned Dr. Ryan regarding if the TEA regulates only public schools. Dr. Ryan replied yes, but not a private school, which adopts their own set of guidelines and regulations, nothing set by the State; therefore they should be accountable for those dollars. Mayor Pro Tern Hart stated he did not fully support this 100 percent, but he does support what is being done with the schools. He stated this has been an ongoing issue since 1993 with really no end. Councilmember Hall concurred and questioned Dr. Ryan regarding what is the anticipated outcome of the lawsuit? Dr. Ryan replied the first thing would be adequacy, local control, and accountability. Councilmember Hall questioned Dr. Ryan regarding who will be hearing the case. Dr. Ryan replied a judge, at this point and then immediately appealed to the Texas Supreme Court. Councilmember Muhm questioned Dr. Ryan regarding if this will be a lengthy process. Dr. Ryan replied yes. Councilmember Taylor questioned Dr. Ryan regarding the core issue. Dr. Ryan explained adequacy is different than equity. He stated there are adequate resources to educate every child with the skills and knowledge that it takes to graduate high school and explained the details of passing tests and courses related to funding. He explained the Constitution states a general diffusion of knowledge must be provided in order to graduate. Councilmember Muhm questioned Dr. Ryan regarding if the percentage sent back was closer to 40 percent during the old Robin Hood. Dr. Ryan replied it varied with the enrollment and values. He stated last year it was $29 million and this year it is $28 million. He stated over the life of the Robin Hood funding, GCISD is the sixth largest contributing school district in the State. He stated it has been just under half-a- billion dollars, this school district has sent back to the State. Councilmember Muhm questioned Dr. Ryan regarding if the TEA put the STAAR system in place. Dr. Ryan replied yes, along with the Legislature. Councilmember Muhm questioned Dr. Ryan regarding the rational with putting together these higher testing standards. Dr. Ryan replied the intent was good in order to have the best schools across the nation, but only half of the equation was City Council Minutes January 8, 2013 presented. He explained "they stated this is what we want you to accomplish but they left out how they were going to get you there." Councilmember Muhm stated that has always been the case, regulations are put in place, with no funds to be able to get there. Councilmember Muhm questioned Dr. Ryan regarding the retirement system. Dr. Ryan replied they are looking at doing away with a defined benefit and going with an individual benefit. Mayor Kelly questioned Dr. Ryan regarding if it will function more like Social Security. Dr. Ryan replied yes. Councilmember Muhm questioned Dr. Ryan regarding what the district matches. Dr. Ryan replied 6.5 percent. Councilmember Short questioned Dr. Ryan regarding the actual dedication to taking the test, what are the pass rates and the consequences of failing? Dr. Ryan replied they do not have the results back from the tests taken last spring. He stated that being one of the drawbacks of this testing. He stated the consequences of failing are that the results are printed in the newspaper and talked about around the district. He further explained the teachers feel their jobs are dependent on those scores. Councilmember Muhm stated it seems even if you have a passing score, they still fail since they are under the minimum bar. Dr. Ryan concurred. Councilmember Taylor stated it appears many people are retiring and leaving trades and students are finding out they do not have to be a college graduate, instead they will use the skills they have been blessed to have naturally. Dr. Ryan stated some things have to be done differently to increase the workers in the workforce in those types of trades and the multiple testing in high school may not be the answer. Councilmember Muhm stated college is not for everyone, but are allowed a suitable lifestyle. Councilmember Hall questioned Dr. Ryan regarding what happens to the student who does not pass the testing. Dr. Ryan stated there are multiple opportunities to retake the tests, which then in turn affect the classroom sizes. Councilmember Wollin stated the various learning styles cannot be accommodated. Councilmember Hall questioned Dr. Ryan regarding the GED option. Dr. Ryan stated that option is almost non-existent. He stated it is still there however, they are limited with just having a GED. .� r City Council Minutes January 8, 2013 Mayor Kelly questioned the City Council members regarding if they would like to draft a general resolution. City Council members concurred. PC-2 Discussion and update on North Texas drought conditions Public Works Director Bob Lowry explained the re-evaluation of the drought conditions from Tarrant Regional Water District. He stated he will keep the City Council updated on the situation given the recent rain conditions. He explained there will be watering restrictions put in place however, it will depend on the rainfall for the spring. Councilmember Muhm stated he would be in favor of a year round water restriction implementation. Director Lowry explained the watering recommendations for lawn irrigation. Councilmember Muhm questioned Director Lowry regarding how fast evaporation occurs. Director Lowry replied not knowing for sure but he could research it for him. Mayor Kelly stated he thought it was a half-inch a day. Councilmember Taylor stated the information in the packet is helpful. Councilmember Muhm questioned Director Lowry regarding the triggering for the restrictions. Director Lowry explained when the reservoirs reach 75 percent the watering restrictions are put in place. PC-3 Discussion of the January 8, 2013, City Council regular agenda items Community Development Director Ron Ruthven presented information for agenda item 7a. Several Councilmembers stated they had very specific questions in which they were going to ask during the public hearing session. Councilmember Wollin questioned Director Ruthven regarding why the name in the resolution is Atlas Resource Partners, L.P. versus Atlas Barnett, LLC. Director Ruthven explained he went with the parent company for the resolution. Mayor Kelly explained the same happened recently with the use of the parent company for another business located in Colleyville, either Walmart or 7-Eleven. Councilmember Taylor questioned Director Ruthven regarding if any of the liability changes? Director Ruthven replied no. Councilmember Hall questioned Director Ruthven regarding if any of the subsidiary companies are affected by the fracking requirements. Director Ruthven replied all of the language reflected the requirements which will remain in place. City Council Minutes January 8, 2013 Mayor Kelly adjourned the Pre Council meeting at 6:25 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on January 8, 2013, at 7: 13 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tern Tom Hart and Councilmembers Carol Wollin, Stan Hall, Michael Muhm, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley 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 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the Fire Chief 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 Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 6:26 p.m. and reconvened at 7:40 p.m. INVOCATION: Pastor David Fedele, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City Council Minutes January 8, 2013 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13- 3581 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly announced the upcoming Open House and State of the City event to be held at Colleyville Center on January 24, 2013 at 6:00 p.m. Mayor Kelly announced the tenth class of the Colleyville Citizen's Police Academy to start on January 31, 2013. Mayor Kelly announced the seventh class of the Colleyville Citizen's Fire Academy to start on February 21, 2013. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3582 4a Approval of the minutes of the Special City Council Meeting of December 17, 2012 4b Approval of the minutes of the regular City Council meeting of December 18, 2012 4c Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 10,252 square feet of City owned property in the 200 block of Black Drive, Case GC12-014 4d Approval of a final plat of Lots 1-6, Block 1, of the Black Drive Subdivision on 2.78 acres located at 200 Black Drive, Case PC12-019 Mayor Kelly read Resolution R-13-3582 in its entirety. Councilmember Muhm questioned staff regarding item 4c. Director Ruthven replied this land exchange will allow the developer to incorporate the dead end portion of Black Drive into one of the lots within the subdivision, in exchange for a dedicated portion of Black Drive to then end into a cul-de-sac street. Councilmember Muhm questioned Director Ruthven regarding if the developer will then build the road. Director Ruthven replied yes. µ a City Council Minutes January 8, 2013 Mayor Kelly opened the public hearing at 7:48 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:48 p.m. Councilmember Hall moved to approve Resolution R-13-3582. Councilmember Wollin seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-12-1860 Approval of amendments to Chapter 9-Subdivision Design and Public Facilities in the Land Development Code Mayor Kelly read the caption of Ordinance 0-12-1860 in its entirety. Mayor Kelly opened the public hearing at 7:49 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:49 p.m. Councilmember Muhm questioned Mayor Kelly regarding if this will allow applicants an avenue to appeal the decision made by the Planning and Zoning Commission regarding sidewalks. Mayor Kelly replied yes and explained the appeal process. Councilmember Wollin questioned staff regarding the ten day window to appeal, are those ten straight calendar days? Director Ruthven replied yes. Councilmember Wollin questioned staff regarding how the applicants who requested sidewalk waiver requests considered by the Planning and Zoning Commission between March 3, 2009 and December 18, 2012 will be notified. Director Ruthven replied staff will notify each applicant by regular mail of the specifics of the ordinance. He stated they would also send emails to those applicants. Mayor Kelly moved to approve Ordinance 0-12-1860. Mayor Pro Tern Hart seconded the motion. City Council Minutes January 8, 2013 The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Torn Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5b Ordinance 0-12-1861 Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1A, Block 1, of the Highland Acres Addition located at 412 Timberline Drive North, Case ZC12-026 Mayor Kelly read the caption of Ordinance 0-12-1861 in its entirety. Mayor Kelly opened the public hearing at 7:52 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:52 p.m. Councilmember Muhm questioned staff regarding the qualifications for the golf cart and does it have to be registered. Mayor Kelly stated it has to comply with the State Transportation Code and Director Ruthven concurred and further stated there are no licensing requirements. Mayor Kelly moved to approve Ordinance 0-12-1861. Councilmember Hall seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-13-1862 Consideration of a request for a Special Use Permit for a donation station on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117-B Colleyville Boulevard, Case ZC12-027 Mayor Kelly read the caption of Ordinance 0-13-1862 in its entirety. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 7:55 p.m. City Council Minutes January 8, 2013 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:55 p.m. Councilmember Muhm questioned staff regarding if the parking is paved. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if the west side entrance will be moved to the north side of the building. Director Ruthven replied yes. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3583 Consideration of approval for a change in ownership from Titan Operating, LLC, to Atlas Resource Partners, L.P., per the requirements of Section 3.1- 145(E) 2 of the Land Development Code, for the gas well site located at 7504 Pleasant Run Road, authorized by Special Use Permit Ordinance 0-10-1779 Mayor Kelly read Resolution R-13-3583 in its entirety. Director Ruthven presented this agenda item to the City Council. Mayor Kelly opened the public hearing at 7:59 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:59 p.m. Joel Heiser, General Counsel, Atlas Resource Partners, L.P., came forward to answer any questions. Councilmember Muhm questioned Mr. Heiser regarding the progression from Titan to the company it is now. Mr. Heiser explained a transaction occurred in July 2012 between the Titan entity with a merger sub and then eventually changed the name to Atlas Barnett, LLC, which is the entity now that holds all of the assets that Titan Operating previously held. Councilmember Muhm questioned Mr. Heiser regarding if the decisions are all being made locally. Mr. Heiser replied yes, and the President of Atlas Barnett, LLC is Mark Schumacher. Councilmember Muhm questioned Mr. Heiser regarding an update on the pipeline. Mr. Schumacher, President, Atlas Barnett, LLC, 111 West Fourth, #300, Fort Worth, Texas, replied they are continually engaged with Texas Midstream, which used to be a subsidiary of Chesapeake, however; in 2012 they became a separate company owned by Access. He further explained they are working with Access regarding the route of the pipeline, and the technical drawings to present to the surrounding cities with hopes to bring something to the cities around April or May of 2013. City Council Minutes January 8, 2013 Mayor Kelly clarified with staff that this is a name change only and will not affect the permit for the gas well itself and the liability will remain with the current owners. Director Ruthven replied correct. Councilmember Taylor questioned Mr. Schumacher regarding the time frame for fracking. Mr. Schumacher replied the time frame would be during February 2013. Councilmember Taylor stated this would take place during the construction of the roundabout, why now? Mr. Schumacher replied the roundabout was originally scheduled for a summer completion. He explained they have a time line they have to meet in order to move the project along for the completion of the wells. He further stated they will work with City staff regarding the truck transportation of this project. He stated the trucks will only move in one time and then will move out. Councilmember Taylor expressed his wishes to City Manager Jennifer Fadden to keep the City Council updated on the project. City Manager Fadden concurred. Councilmember Muhm questioned staff regarding the last time the wells were fracked. Director Ruthven replied February of 2012. Councilmember Muhm questioned staff regarding if any unresolved issues remain regarding any procedures and processes that are currently in place, from the last time the wells were fracked. Director Ruthven replied all regulations within the ordinance were adhered to, particularly to air and water qualities. He further explained no violations of City, State, or Federal regulations occurred. Councilmember Muhm questioned Mr. Schumacher regarding how the gases and fluids will be contained during the fracking process. Mr. Schumacher explained the fracking process and how the well bores would then be capped. Councilmember Muhm questioned Mr. Schumacher regarding if this will then complete the fracking at this site. Mr. Schumacher replied there will be more fracking needed at this site. Councilmember Muhm questioned Mr. Schumacher regarding if there will be walls installed for this fracking. Mr. Schumacher replied this fracking process will only take three days; therefore they will install 16 foot sound blankets but not a duplicate wall. Councilmember Muhm questioned Mr. Schumacher regarding if the fracking will continue for three days, 24 hours a day. Mr. Schumacher replied it will not be continual for 24 hours; it will be daytime hours only, 7 a.m. to 7 p.m. Councilmember Muhm questioned Mr. Schumacher regarding the water to be used. Mr. Schumacher replied there are holding tanks on site that are fed by water wells on site. City Council Minutes January 8, 2013 Councilmember Muhm questioned Mr. Schumacher regarding a transportation plan. Mr. Schumacher replied there is an existing transportation plan that has not changed, but that he is willing to work with staff regarding the construction site at the roundabout location. Councilmember Muhm questioned Mr. Schumacher regarding if the construction on SH26 will impact this project. Director Ruthven explained 20 trucks are allowed on site per day. Chris Hammack, Regional Vice President, Operations, Atlas Resource Partners, L.P., replied this will be the same operation as the fracking done last year. He stated the construction on SH26 will not have an effect on this project. Councilmember Muhm questioned staff regarding if all of the precautionary items will be in place, just as before when fracking was done last year, such as sound walls, security, and so forth. Director Ruthven replied yes. Mayor Kelly moved to approve Resolution R-13-3583. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA David Mullins, 5904 Bettinger Drive, spoke regarding the persistent drainage concerns, and further stated he has not had any response from City staff regarding his drainage issues. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 8, 2013 - Reading and Public Hearing - Resolution R-13-3584 This resolution was not needed. 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 with the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor City Council Minutes January 8, 2013 Mayor Kelly adjourned the City Council meeting at 8:16 p.m. APPROVED BY A VOTE OF 6 AYES, 1 NAYS, AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF JANUARY 2013. Minutes taken and prepared by: II Amy ,s I Iey City Secretary