2010-10-12 Joint CC and P&Z Work Session (2) im
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CITY OF
SOUTH LADE
TEXAS
JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORK
SESSION MINUTES — OCTOBER 12, 2010
iii LOCATION: Southlake Town Hall
1400 Main Street
Council Chambers
its Southlake, Texas 76092
CITY COUNCIL PRESENT: Mayor John Terrell, Deputy Mayor Pro Tern Brandon
Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: Mayor Pro Tern Laura K. Hill.
PLANNING AND ZONING COMMISSION PRESENT: Chairman Darrell Faglie, Vice-
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Chairman Robert Hudson, and Commissioners Joe Lancor, Brigham McCown, Shahid
Shafi, and Michael Springer (arrived at 6:03 p.m.).
PLANNING AND ZONING COMMISSION ABSENT: Commissioner Jim Hamel.
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STAFF PRESENT: City Manager Shana Yelverton, Community Relations Officer Pilar
Schank, Director of Economic Development Greg Last, Director of Information
Technology Dale Dean, Director of Planning and Development Services Ken Baker,
Planner I Lorrie Fletcher, Director of Public Works Robert Price, City Attorney E. Allen
Taylor, and City Secretary Lori Payne.
Agenda Item No. 1. Call to order. Mayor Terrell called the meeting to order at 5:37 p.m.
Session. Mayor Terrell announced the City Item No. 2A. Executivey Council and
the Planning and Zoning Commission would be going into Executive Session pursuant
to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071,
551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). City
Council and the Planning and Zoning Commission adjourned for Executive Session at
5:37 p.m. Executive Session began at 5:45 p.m. and ended at 6:07 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the work session at 6:17
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Agenda Item No. 3. Staff Presentation: Overview of Specific Use Permit and Gas Well
Permit Applications for XTO Gas Well (JGJ Lease) located on approximately 52 acres at
JOINT CITY COUNCIUP&Z COMMISSION WORK SESSION MINUTES, OCTOBER 12, 2010
Page 1 of 2
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651 and 655 East Highland Street on property described as Lots 1 R1 & 2, Block A,
Milner Addition. Planner Fletcher presented Items 3 and 4 simultaneously.
Agenda Item No. 4. Staff Presentation: Overview of Unregulated Pipeline Permit relating
to XTO Gas Well Specific Use Permit Application (JGJ Lease). Energy Transfer is
requesting approval of an Unregulated Pipeline Permit in association with the XTO Gas
Well Specific Use Permit request (JGJ Lease). Planner Fletcher presented Items 3 and
4 simultaneously.
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The Council and the Commission discussed the items and asked questions of staff.
Directors Baker and Price and Planner Fletcher answered questions from the group.
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Mayor Terrell called for a break at 7:45 p.m. and reconvened the work session at 8:02
p.m.
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Agenda Item No. 5. Discussion: Overview of emerging technologies and operational
practices related to gas drilling and production and gas utility companies. Director Baker
presented Items 5 and 6 simultaneously and addressed questions from the group.
'r Agenda Item No. 6. Discussion: Regulation and evaluation of gas drilling and production
r and gas utility operations and possible secondary effects of such operations. Director
Baker presented Items 5 and 6 simultaneously and addressed questions from the group.
ill thy
Agenda Item No. 7. Meeting adjourned. Mayor Terrell adjourned the meeting at 8:19
p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
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John Terrell
Mayor
ATTEST:
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Lori Payne �
City Secretary '
Darrell Fagl
Planning and Zoning Commission
its J
- 'C������J Chairman
Stephanie Breitbarth
Commission Secretary
JOINT CITY COUNCIUP&Z COMMISSION WORK SESSION MINUTES, OCTOBER 12, 2010
Page 2 of 2
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LOG OF PROCEEDINGS ELECTRONICALLY RECORDED '
` Description.joint ^Joint�orh aennionv�Ul City Council & PQ��Commission
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Date 10/12/2010 Location South|oke Council Chambers
Time Speaker Note
5 :37:30PK8 ^Mayor `called bo order the work session
6 :17:50pyW Mayor `reconvened the orksession
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0 :18:01PyN ShonaYalvmdon made comments to the Council and p&Z. plan for the evening
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6 :18:15PyW Lome Fletcher presented the XT{} SUP for gas well permit and Energy
W Transfer pipeline pannit, reviewed exhibits
W 0 :27:OS PM `YWu||or differences in maps
8 :27:18PK8 ^Mayor ^color of pieces of equipment, access point/driveway on
High|and, oigno0e, actual versus typical site photos and
renderings
8 :33:45pyW yWoOovvn exact site proposal versus what they may have built
w� somewhere else
` 8 :34:17PK4 ^Mayor ^side by side comparison what applicant io proposing versus
what our ordinance requires
6 :38:66PYW Mayor time limit for all of wells bobe drilled, Texas Turf reference for
� hydnomu|ohinQ
,6 :40:49PyW Bledsoe contract vnproposal
.O :44:28 PM `Mayor `referenced Leland Cypress trees' landscaping, 15 foot on
, center
0 :49:39PyW K8onio monitoring and maintenance of landscaping, aignaga
requirements
8 :53:11 PM Bob Price addressed question on rock check dam
�~ , ^
~��_. 8 :64:01 PM Mayor ask for rendering from applicant for o38O degree, elevation
site drawing, end product of site lines
� �G �55�O7PK4 Bledsoe erosion control plans for any grading bobmdone
�= � �
~~ 7 :38:12PK8 Mayor dense row of hearty trees, perimeter fencing and screening,
character changes of the land and area over time and possible
needs changing over time, chain link vinyl coated fence
7 :40:22PyW `Fag|io ^what io the definition of"upon comp|aUon"at what point does
that occur?
7 �41�24PyN yNonia we have the guidelines for screening and appearance inplace
and spent a|otof time creating those guidelines
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� 7 �4�'4GPyW Mayor ^ia there going tobe any flahnQon this site?and venUng?
. .
:7 :43:40PK8 Muller thanked staff for the presentation
— 7 :44:30PyW Council asked for copies of the Powerpointtonight
7 :46:34PyW K8orha pipeline direction and location
7 :46:58PK8 Mayor called for obreak
W .8 :02:31 PM Mayor ca|ed meeting back boorder
8 :02:47PYW Mayor introduced next agenda items
8 :03:02PK8 Ken Baker presented items 5 and Gbo Council and P&Z
^, 8 :13:54PyW K8onio water testing procedure/process
8 :14:68PyW Fa0|ie department oversight of well inspector
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%W � �8 '15'4OpYW K8onim water testing will wel
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L 8 :18:47pK8 Muller inspection of gas line
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8 :18:14 PM Mayor consolidated questions or concerns
8 :19:02 PM Mayor adjourned meeting
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10/20/10 14:25:55 2/2
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6000 WESTERN PLACE,SUITE 200 Taylor Olson Adkins Sralla Elam TELEPHONE:(817)332-2580
4e' I-30 AT BRYANT-IRVIN ROAD L.L.P. TOLL FREE:(800)318-3400
FORT WORTH,TEXAS 76107-4654lib _ FACSIMILE:(817)332-4740
EMAIL:TOASE@TOASE.COM Attorneys slip Counselors WEBSITE:WWW.TOASE.COM
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E.ALLEN TAYLOR,JR.
ataylor@toase.com
October 12, 2010
CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE
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VIA HAND DELIVERY
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Mayor and City Councilmembers
City of Southlake
1400 Main Street
Southlake, Texas 76092
Re: Legality of Executive Session Posting
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Dear Mayor and Councilmembers:
an, 411W You have asked our office to review the executive session posting for the October 12,2010,
regular city council meeting. It is my understanding that the following executive session has been
posted for the requisite time:
a
A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas
Government Code,Sections 551.071,551.072,551.073,551.074,551.076,551.087,
418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and
incorporated herein. Executive Session may be held, under these exceptions, at
the end of the Regular Session or at any time during the meeting that a need
arises for the City Council to seek advice from the City Attorney as to the
posted subject matter of this City Council meeting.
1. Section 551.071: Consultation with city attorney
a. Seek advice of the city attorney regarding gas drilling and
production and gas utility companies.
tRoP b. Seek advice of the city attorney regarding conflict of interest-
NI Discuss Chapter 171 and City Code of Ethics.
c. Seek advice of the city attorney regarding city ordinances related
ofwe to gas drilling and production and gas utility companies.
a
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City Council seeks
the advice of its attorney concerning any item on this agenda, about pending and contemplated
r litigation,or a settlement offer, or on a matter in which the duty of the attorney to the City Council
6
October 12, 2010
Page 2
under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly
+� conflicts with Chapter 551. This includes the following pending and/or contemplated litigation
subjects:
•r 1. Jayson Steele vs. City of Southlake. August 2008.
2. Pending Public Information Act requests.
3. Texas Attorney General litigation defending the constitutionality of the Texas Open
Meetings Act.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
Section 551.072: Deliberation regarding real property
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The City Council may conduct a closed meeting to deliberate the purchase,exchange,lease or value
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of real property.
Section 551.073: Deliberation regarding prospective gift or donation
• The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective
gift or donation to the City.
116 4,. Section 551.074: Deliberation regarding personnel matters
fro The City Council may deliberate the appointment, employment, evaluation, reassignment, duties,
• discipline,or dismissal ofpublic officers,including the City Manager,City Secretary,City Attorney,
Municipal Judge and some city boards and commission members. A complete list of the city boards
4f0 and commissions is on file in the City Secretary's Office. Under Attorney General opinions rendered
ad in different contexts, the Attorney General has concluded that personnel discussions under this
section must pertain to an individual, rather than a class of employees. Further, under Section
010 551.074, the city council may deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of a city officer, including the city manager and city secretary.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for implementation of
security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
The City Council may discuss or deliberate regarding commercial or financial information received
de from a business prospect that the city seeks to have locate, stay, or expand in or near the city and
which the City is conducting economic development negotiations; or to deliberate the offer of a
financial or other incentive to a business prospect as described above.
aid
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October 12, 2010
• Page 3
Section 418.183(f): Texas Disaster Act
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The City Council may deliberate information: 1) for purposes of preventing, investigating, or
responding to an act of terrorism or related criminal activity and involving emergency response
providers, their staffing, contact information and tactical plans; 2) that relates to the risk or
vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates
to the assembly of an explosive weapon, the location of a material that may be used in a chemical,
biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys
for a public communication system; 5) that relates to a terrorism-related report to an agency of the
di United States;6)that relates to technical details of particular vulnerabilities of critical infrastructure
to an act of terrorism; 7)that relates to information regarding security measures or security systems
intended to protect public and private property from an act of terrorism. The Texas Disaster Act
specifically requires that a tape recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding
pipeline safety
The City Council may discuss emergency management plans involving pipeline safety and/or
security ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive
+r+r , information.
The purpose of this letter is to provide an opinion whether the city council may legally
+rir discuss the above-referenced topics in executive session. Based upon the guidelines we have
previously supplied the city council, and subject to the discussion below, we conclude that all the
posted items fall within an exception to the Open Meetings Act, Government Code, Chapter 551.
• Therefore,discussion on these matters may legally occur in closed session. In addition,this opinion
extends to any legal advice given to the council in executive session.
tom
If you have any additional questions or concerns, please feel free to contact our office.
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Sincerely,
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E. Allen Taylo Jr.
EAT/ds
cc: Ms. Shana Yelverton
City of Southlake
1400 Main Street
• Suite 460
Southlake, Texas 76092
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October 12, 2010
Page 4
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Ms. Lori Payne
City of Southlake
1400 Main Street
Suite 270
Southlake, Texas 76092
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W:\Southlake\Letters\Mayor&CC Letters\10.12.10.EAT.wpd
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CITY OF
SOUTH
TEXA LAKE
L
JOINT CITY COUNCIL AND
PLANNING AND ZONING COMMISSION WORK SESSION
its OCTOBER 12, 2010
LOCATION: Southlake Town Hall
1400 Main Street
Council Chambers / Executive Conference Room
Southlake, Texas 76092
S
TIME: 5:30 p.m.
is 1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be held,
ir under these exceptions, at any time during the meeting that a need arises
for the City Council and the Planning and Zoning Commission to seek
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advice from the City Attorney as to the posted subject matter of this
11111Y meeting.
1. Section 551.071: Consultation with attorney
is
a. Seek advice of the city attorney regarding gas drilling and
production and gas utility companies.
b. Seek advice of the city attorney regarding conflict of interest
— Discuss Chapter 171 and City Code of Ethics.
c. Seek advice of the city attorney regarding city ordinances
related to gas drilling and production and gas utility
companies.
B. Reconvene: Reconvene the meeting and take any action necessary on
items discussed in Executive Session.
3. Staff Presentation: Overview of Specific Use Permit and Gas Well Permit
Applications for XTO Gas Well (JGJ Lease) located on approximately 52 acres at
651 and 655 East Highland Street on property described as Lots 1 R1 & 2, Block
A, Milner Addition.
4. Staff Presentation: Overview of Unregulated Pipeline Permit relating to XTO
Gas Well Specific Use Permit Application (JGJ Lease). Energy Transfer is
r requesting approval of an Unregulated Pipeline Permit in association with the
XTO Gas Well Specific Use Permit request (JGJ Lease).
City of Southlake values:
Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork
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City of Southlake
Joint City Council -P8Z work session agenda
r October 12,2010
Page2of4
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F 5. Discussion: Overview of emerging technologies and operational practices related
to gas drilling and production and gas utility companies.
6. Discussion: Regulation and evaluation of gas drilling and production and gas utility
operations and possible secondary effects of such operations.
7. Meeting adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town
Hall, 1400 Main Street, Southlake, Texas, on Friday, October 8, 2010, by 5:00 p.m.,
pursuant to the Texas Government Code, Chapter 551.
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Lori Payne, TR f oi
City Secretary = }. 'w
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If you plan to attend this publibim ttirt ' nd��1'ave a disability that requires special needs, please
advise the City Secretary's dflsioe„X,•hburs in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
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-City of Southlake
Joint City Council -P&Z work session agenda
October 12,2010
Page 3 of 4
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EXECUTIVE SESSION
Section 551.071: Consultation with attorney
The City Council may conduct a private consultation with its attorney when the City
Council seeks the advice of its attorney concerning any item on this agenda, about
pending and contemplated litigation, or a settlement offer, or on a matter in which the
duty of the attorney to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551.
This includes the following pending and/or contemplated litigation subjects:
1. Jayson Steele vs. City of Southlake. August 2008.
2. Pending Public Information Act requests.
3. Texas Attorney General litigation defending the constitutionality of the Texas
Open Meetings Act.
4. Legal issues regarding the Barnett Shale gas extraction and transportation.
Section 551.072: Deliberation regarding real property
The City Council may conduct a closed meeting to deliberate the purchase, exchange,
lease or value of real property.
Section 551.073: Deliberation regarding prospective gift or donation
The City Council may conduct a closed meeting to deliberate a negotiated contract for a
�r prospective gift or donation to the City.
Section 551.074: Deliberation regarding personnel matters
The City Council may deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of public officers, including the City
Manager, City Secretary, City Attorney, Municipal Judge and city boards and
commission members. A complete list of the city boards and commissions is on file in
the City Secretary's Office.
Section 551.076: Deliberation regarding security devices
The City Council may deliberate the deployment, or specific occasions for
implementation of securitypersonnel or devices.P
Section 551.087: Deliberation regarding economic development negotiations
The City Council may discuss or deliberate regarding commercial or financial
information received from a business prospect that the city seeks to have locate, stay,
or expand in or near the city and which the City is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business
prospect as described above.
Section 418.183(f): Texas Disaster Act
The City Council may deliberate information: 1) for purposes of preventing,
"�►' investigating, or responding to an act of terrorism or related criminal activity and
I
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City of Southlake
Joint City Council -P&Z work session agenda
October 12,2010
Page 4 of 4
involving emergency response providers, their staffing, contact information and tactical
plans; 2) that relates to the risk or vulnerability of persons or property, including
infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive
weapon, the location of a material that may be used in a chemical, biological or
radioactive weapon, or unpublished information pertaining to vaccines or devices to
detect biological agents or toxins; 4) that relates to details of the encryption codes or
security keys for a public communication system; 5) that relates to a terrorism-related
report to an agency of the United States; 6) that relates to technical details of particular
vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information
regarding security measures or security systems intended to protect public and private
air property from an act of terrorism. The Texas Disaster Act specifically requires that a
tape recording of the closed meeting be made.
Section 418.106(d) & (e): Local meetings to discuss emergency management
plans regarding pipeline safety
The City Council may discuss emergency management plans involving pipeline safety
and/or security of pipeline infrastructures or facilities when those plans or discussions
contain such sensitive information.
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