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HomeMy WebLinkAbout2011-06-14MINUTES OF A REGULAR MEETING OF THE ce EULESS CITY COUNCIL TUESDAY, JUNE 14, 2011 M -fill 1 Council Member Donna Mickan advised that she attended the Colleyville Heritag Top 20 Banquet recently, and the event was well planned. Additionally she report that she and Council Member Leon Hogg participated in the Rotary Club g tournament held at the Texas Star Golf Course, I Lara &ohl, spokeswoman for Bluebonnet Contractors, advised the City Council of the construction progress of the North Tarrant Express. She presented a project overview, including the managed toll lanes, economic impact, traffic management plans, and the status of utility relocations. Additionally, she discussed the means utilized to advise commuters of real-time traffic alerts. Director of Planning and Economic Development Mike Collins presented proposed amendments to the City's Right-of-Way Ordinance. He advised that the proposed amendments would be presented to the City Council at the June 28, 2011, regular meeting. Assistant City Manager Chris Barker presented amendments to the Code related to reclaimed water usage, He advised that the proposed amendments will be presented to the City Council at the June 28, 2011, regular meeting. Director of Planning and Economic Development Collins presented amendments to the Glade Parks Planned Development, and advised that the proposed amendments would be presented at the June 28, 2011, regular meeting. Deputy City Manager Loretta Getchell discussed the need to move forward with thl construction of additional roads in the Glade Parks development, and advised that developer's agreement will be presented at the June 28, 2011, meeting f considerati*a. City Manager McKamie advised that a Resolution to consider moving the August 232 Council Meeting to August 30t" will be presented for consideration at the June 2 2011, regular meeting. i City Manager McKamie advised that a Resolution amending the City's budg calendar will be presented for consideration at the June 28, 2011, regular meeting. I Council Minutes Page 2 of 11 June 14, 2011 Fire Chief Wes Rhodes presented preliminary plans for the 911 memorial, which will incorporate a steel beam from the World Trade Center City Manager McKamie advised that the memorial is expected to cost approximately $75,000 to construct. City Manager McKamie reviewed the regular agenda items. Kevin Strausser and Julie Jones, representing Chesapeake Operating, Inc., and David Lunsford, Universal Ensco, Inc. and the City's Inspection Services Provider, were present to address questions related to the Gas Well Pad Site permit (Item #11 on the regular agenda). The City Council convened into closed session at 6:21 p.m. for deliberation regarding the following: Personnel matters as authorized by Section 551.074 related to: 0 Zoning Board of Adjustment Appointments The City Council reconvened into open session at 6:55 p.m. COUNCIL CONSIDERATION OF SCHEDULED ITEMS — COUNCIL CHAMBERS Ad The Euless City Council continued their meeting in the Council Chambers at 7-00 p.m. for consideration of scheduled items. City Manager Gary McKamie Deputy City Manager Loretta Getchell Assistant City Manager Chris Barker City Attorney Wayne K. Olson City Secretary Susan Crim Deputy City Secretary Kim Sutter Police Chief Mike Brown Director of Planning and Economic Development Mike Collins Director of Parks and Community Services Ray McDonald Fire Chief Wes Rhodes Finance Director Vicki Rodriquez Director of Public Works and Engineering Ron Young MarketinglCommunications Manager Betsy Deck Assistant Police Chief Bob Freeman Texas Star General Manager Glenda Hartsell-Shelton Library Administrator Kate Lyon Human Resources/Risk Administrator Carolyn Marshall Information Services Administrator Dan McLain Public Works Manager J.T. Ackerman Council Minutes Page 3 of 11 June 14, 2011 Police Corporal Brian Brennan Computer Support Specialist Brett Bennett Senior Planner Stephen Cook Recreation Superintendent Michael Davenport Police Captain Steve Eskew Fire Inspector 11 Vernon Gilmore Technical Services Manager Gary Gregg Firefighter If/Paramedic Michael Hanks Police Captain Steve Kockos Police Captain Gary Landers Firefighter/Driver/Paramedic Jason Moon Firefighter [I/Paramedic Brad Schupbach Firefighter/Driver/Paramedic Jacob Smith Police Sergeant Eric Starnes Graphic Artist Jeff Towne Police Sergeant Ron Williamson Tony Barbieri Jake Boyle Janene Boyle Melissa Boyle 'Ron Boyle Andrea Cardona Ava Cardona Roy Deering Loretta Doty Darl Easton And others as noted in the visitor register. In recognition of Flag it Euless Fire Department Honor Guard, led • Fire Inspector 11 Vernon Gilmore and represented by Firefighter/Driver/Paramedic Jacob Smith, Firefighter/Driver/Paramedic Jason Moon, Firefighter II/Paramedic Michael Hanks, and Firefighter If/Paramedic Brad Schupbach, posted the colors and Police Chief Mike Brown led the Pledge of Allegiance. i I �Iil I' I; I IL • • • i Director of Parks and Community Services Ray McDonald introduced Graphic Artist Jeff Towne. Jeff was accompanied by his wife, 1 my, his sons, Nathan and Lucas, and Council Minutes Page 4 of 11 June 14, 2011 Recreation Superintendent Michael Davenport. Mayor Saleh presented Jeff with a pin commemorating his 10 years of service with the city. Police Chief Brown introduced Corporal Brian Brennan. Brian was accompanied • Assistant Police Chief Bob Freeman, Captain Steve Eskew, Sergeant Ron Williamson, Captain Steve Kockos, Captain Gary Landers, Sergeant Eric Starnes, and Technical Services Manager Gary Gregg. Mayor Saleh presented Brian with a pin commemorating his 15 years • service with the city. ITEM NO. 2. RECOGNITION OF RECIPIENT OF THE EAGLE SCOUT AWARJ FROM THE BOY SCOUTS OF AMERICA Gerald Christian-Reid Vaenuku, Troop 273, was not in attendance at the meeting. ITEM NO. 3. ADMINISTERED OATHS OF OFFICE AND PRESENTE11 CERTIFICATES OF ELECTION I City Attorney Wayne Olson administered the Oath of Office to Mary Lib Saleh, elected to the office of Mayor, Leon Hogg, elected to the office of Council Member Place 2, and to Donna Mickan, elected to the office of Council Member Place 4. Mayor Saleh presented each with a Certificate of Election. ITEM NO. 4. SELECTED MAYOR PRO TEM Council Member Hogg motioned to select Council Member Mickan to serve as mayor pro tem. Council Member Bynum seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Martin, Council Members Stinneford, Hogg, Mickan, and Bynum Nays: None Mayor Saleh declared the motion carried. - - 1 0 Council Member Martin motioned to approve Consent Agenda items number 5 through 8. Council Member Bynum seconded the motion. Ayes, Mayor Saleh, Mayor Pro Tern Mickan, Council Members Stinneford, Hogg, Martin, and Bynum Nays: None Council Minutes Page 5 of 11 June 14, 2011 ITEM NO. 5. AUTHORIZED THE MAYOR TO EXECUTE AN INTERLOCAJ! AGREEMENT BETWEEN GRAPEVINEICOLLEYVILLE ISD AND THJ CITY OF EULESS Authorized the Mayor to execute an Interlocal Agreement between Grapevine/Colleyville ISD and the City of Euless to provide special bus service during the Baze Road construction as construction activity may disrupt the ability for children within the Grapevine Elementary School attendance zone to have an unencumbered path to walk to the school. The estimated expenditure is $5,464. Vil-tTI, �L* 11114 � Approved Resolution No. 11-1366 renaming Harrington Gardens Parkway to Rio GranA5 Boulevard. I ACCEPTED CAPITAL IMPROVEMENTS ADVISORY COMMITTEP SEMI-ANNUAL REPORT I Accepted the Capital Improvements Advisory Committee Semi-Annual Report for the period of October 1, 2010, through March 31, 2011, recommending no changes to the Capital Improvements Plan or the implementation of the Impact Fee Program. Approved City Council minutes of the Regular Meeting of May 24, 2011, and the Special Called Meeting of May 26, 2011. 'TEM NO. 9. HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 11-0 SUP 1 AND APPROVED FIRST AND FINAL READING 0 ORDINANCE NO. 1911 ) �1111111111ill�il i r, Mug 1. Tied to the owner of the business: Mr. Aldo Salvatore; 2. Tied to the business name.- Lone Star Limousines; Council Minutes Page 6 of 11 June 14, 2011 3. Repair and /or maintenance on vehicles may only occur within the confines of the leased space and not external to the space; 4, Vehicles may not be stored (other than for regular parking) exterior to the leased space; 5. No fluid system (oil, transmission, etc) repair would be made at the location; and, • The Specific Use Permit is issued for the introductory period • one year, after which a renewal of the Specific Use Permit will be required to be heard by the Planning and Zoning Commission and the City Council. The applicant, Aldo Salvatore, was present to address questions regarding the request. Mayor Saleh asked to hear from any proponents followed by opponents of the case. Mayor Pro Tern Mickan motioned to approve Ordinance No. 1911 for a Specific Use Permit *n State Highway 10 Business Center, Block A, Lot 2 for Mechanical Maintenance of Limousines in C-2 (Community Business District) zoning, located at 1361 W. Euless Boulevard #202 with the following conditions: 1. Tied to the owner of the business: Mr. Aldo Salvatore; 2. Tied to the business name: Lone Star Limousines; 3. Repair and /or maintenance on vehicles may only occur within the confines of the leased space and not external to the space; 4, Vehicles may not be stored (other than for regular parking) exterior to the leased space; 5. No fluid system (oil, transmission, etc) repair would be made at the location, and 6. The Specific Use Permit is issued for the introductory period of one year, after which a renewal • the Specific Use Permit will be required to be heard by the Planning and Zoning Commission and the City Council. Ayes, Mayor Saleh, Mayor Pro Tern Mickan, Council Members Stinneford, Hogg, Martin, and Bynum Nays: None Mayor Saleh declared the motion carried. ITEM NO. 10. HELD PUBLIC HEARING FOR SPECIFIC USE PERMIT NO. 1 11-0 SUP AND APPROVED FIRST AND FINAL READING ORDINANCE NO. 1912 Director of Planning and Development Collins presented the case to the City Council. Me advised that the applicant, Pastor Christopher McCowan on behalf of Greater Is He Church, is requesting to use a leased space within the Morrisdale Shopping Center located at 4323 Council Minutes Page 7 of 11 June 14, 2011 W. Pipeline Road as a 40-1 public hearing on May 1 the following conditions: i a • Z oil • 0 mmb� pgrga'10101re , rM j=a.121111 1. Tied to the pastor: Christopher McCowan, 2. Tied to the church name: Greater Is He Church; and 3. The Specific Use Permit is issued for the introductory period • one year, after whi a renewal of the Specific Use Permit will be required to be heard by the Planning a Zoning Commission and the City Council. Mayor Saleh asked to hear from any proponents followed by opponents • the case. There being none, Mayor Saleh closed the public hearing at 7-22 p.m. Council Member Stinneford motioned to approve Ordinance No. 1912 for a Specific U Permit • Morrisdale Addition, Block 1A, Lot 1 R for a Church in C-2 (Community Businel Nistrict) zoning, located at 4323 W. Pipeline Road with the following conditions: E 1. Tied to the pastor.- Christopher McGowan; 2. Tied to the church name: Greater Is He Church; and 3. The Specific Use Permit is issued for the introductory period of one year, after which a renewal of the Specific Use Permit will be required to be heard by the Planning and Zoning Commission and the City Council. Council Member Bynum seconded the motion. d Ayes: Mayor Saleh, Mayor Pro Tern Mickan, Council Members Stinneford, Hogg, Martin, and Bynum Nays: None ITEM NO. 11. HELD PUBLIC HEARING AND APPROVED REQUEST FOR GAJ WELL PAD SITE PERMIT CASE NO. 11 -01 -CC Director • Planning and Economic Development Collins presented the case to the City Council, and advised that the case is being presented to the City Council as the applicant, Chesapeake Operating, Inc., was not able to obtain waivers from all the property owners within 400 to 600 feet of the pad site. He advised that the applicant has applied for a Gas Well Pad Site Permit for an 11.74-acre parcel located west of the intersection of Westpark Way and S. Pipeline Road. The Operator intends to complete a gas well pad site and drill twenty (20) gas wells on the site. The pad site is titled the Mims Pad Site and is intended • accommodate five separate pooled lease units from the single pad site. Chesapeake Land Development Company owns the parcel in which the Operator is requesting the pad site permit, Council Minutes Page 8 of 11 June 14, 2011 Kevin Strausser and Julie Jones, representing Chesapeake Operating, Inc. were present for the public hearing and to address any questions regarding the request. David Lunsford, Universal Ensco, Inc., and the City's Inspection Services provider, was in attendance, and has recommended approval of the pad site permit as all technical requirements of the gas well drilling ordinance have been met. Kevin Strausser, Chesapeake Operating, Inc., 100 Energy Way, Fort Worth, spoke support of the case and provided information related to the truck route, installation of sou walls, potential royalty payouts, impact to state and local taxes, and stated that drilling expected to begin sometime in the fall. I There being no additional proponents wishing to address the City Council, Mayor Saleh asked for any opponents to come forward. Mervyn Lim, Camtech Precision Manufacturing, Inc., 1400 Westpark Way, stated his opposition to the case citing potential impact to Camtech's high precision machinery due to seismic vibrations. Ron Weaver, 5881 Whitetail Lane, Jupiter, Florida, identified himself as a Camtech investor, and expressed his opposition to the request due to the possible impact of the seismic vibrations to the high precision machinery operated • the company as well as the overall potential impact to the company's business operations. Ah Tony Barbieri, Legal Counsel for Camtech Precision Manufacturing, Inc., reiterated that the issue related to Camtech is the vibrations from the seismic activity not only during the gas well drilling portion of the operations, but all gas well operations, including fracking. Additionally, he stated concerns for protection of the ground water, diminishing property values, and the risk of future investments in the company. Larry Tresnicky, 2800 High Point Court, Grapevine, registered his opposition to the case. Barbara McCauley-Polk, 716 Koen Lane, expressed her opposition to the request as she feels the location of the drilling operations will diminish property values and create a nuisance in the area. There being no additional opponents wishing to speak, Mayor Saleh closed the public hearing at 7:59 p.m. Council Minutes Page 9 of 11 June 14, 2011 Council Member Martin pointed out that Camtech is located in a heavy industrial zoning district, and asked if Camtech representatives have any safeguards in place to address the impact of future development or expansions of other businesses in the heavy industrial area Camtech Investor Ron Weaver replied that Camtech has purchased five (5) acres of land adjacent to their existing facility to control development in the area. Mayor Pro Tern Mickan stated that the property located along Westpark Way and owned by Barbara Polk is outside of the 600 foot radius notification area. Kevin Strausser, Chesapeake Operating, Inc., presented a report prepared by Freese and Nichols, Inc. to the City Secretary for distribution to the City Council related to vibration monitoring of a natural gas well in Arlington, Texas, Tony Barbieri, Legal Counsel for Camtech, responded that he had not seen the Freese and Nichols report; however, the report focused on the impact of vibrations to actual buildings and does not address the impact of the vibrations to Camtech's equipment. Council Member Stinneford inquired as to how often the machines are recalibrated, how extensive is the process and at what cost. Ron Weaver, Camtech Investor, responded that the machines are recalibrated annually and a" cost of approximately $100,000, and the process takes the machine out of operation for six (6) weeks. Mayor Pro Tern Mickan inquired as to the depth of the drilling and the affect on ground water. Kevin Strausser, Chesapeake Operating, responded that the company uses a process referred to as seven (7) layers • protection, and ensures seven (7) layers of concrete and steel between the ground water source and the source • the gas. Council Member Stinneford cited a study financed by the gas companies regarding the correlation between gas well drilling and earthquakes, and asked if it was determined that the occurrence of earthquakes were related to gas well drilling. Kevin Strausser, Chesapeake Operating, Inc., responded that the study produced • conclusions between earthquakes and gas well drilling. Mayor Saleh and Council Member Bynum encouraged Chesapeake and Camtech to sit down and discuss their concerns. Tony Barbieri, Legal Counsel for Camtech, presented a report released in March 2010 that he feels essentially confirms links between seismic activity and earthquakes, and asked that the City Council table consideration of the case and allow Chesapeake and Camtech another opportunity to talk and work through the concerns. Council Member Hogg motioned to approve the request for a gas well pad site permit Case No. 11-01-CC from Chesapeake Operating, Inc. proposed to be located on 11.4 acres in the Council Minutes Page 10 of 11 June 14, 2011 John A. Groves and Kitty House Surveys, Abstract 599, Tracts 2C and 2C1 (west of the intersection of Westpark Way and S. Pipeline Road). Council Member Stinneford moved to table consideration of the item to the June 28, 2011, meeting to allow an opportunity for the two companies to discuss the concerns and see if a resolution can be reached, and to allow Council time to review the reports presented to the City Council by each side. Mayor Saleh seconded the motion. Ayes.- Mayor Saleh, Mayor Pro Tern Mickan, and Council Member Stinneford Nays: Council Members Hogg, Martin and Bynum Mayor Saleh declared the motion failed, and called for the vote on the first motion. Ayes: Council Members Hogg, Martin, and Bynum Nays: Mayor Saleh, Mayor Pro Tern Mickan, and Council Member Stinneford Mayor Saleh declared the motion failed. Council Member Stinneford requested a 15 minute recess to review the reports presented by each party. The meeting was recessed at 8:30 p.m. The meeting was reconvened at 8:48 p.m. Council Member Stinneford moved to reconsider the request and to approve the request for a gas well pad site permit Case No. 11 -01 -CC from Chesapeake Operating, Inc. proposed to be located on 11.4 acres in the John A. Groves and Kitty House Surveys, Abstract 599, Tracts 2C and 2C1 (west of the intersection of Westpark Way and S. Pipeline Road). Council Minutes Page 11 of 11 June 14. 2011 Tony Barbieri, Legal Counsel for Camtech, questioned the Council's voting process related to consideration of Item No. 11. City Attorney Wayne K. Olson explained that the City Council had two previous motions that failed by a 3-3 vote and therefore did not approve anything. The City Council had the right to consider any other motion until an affirmative four (4) votes were acquired one way or the other. City Afforney No report given City Manag-e No report give City Council No reports givel ITEM NO. 14. ADJOURN Mayor Saleh adjourned the meeting at 8:55 p.m. APPROVED: ATTEST: Mary LiWSaleh Mayor Susan Crim, RMC City Secretary