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2010-12-07 CC Packet OFFICIAL RECORD CITY OF SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 7, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tern Laura K. Hill, Deputy Mayor Pro Tern Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager/ Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of Community Services Chris Tribble, Deputy Director of Community Services Kari Happold, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Director of Human Resources Stacey Black, Director of Information Technology Dale Dean, Director of Planning and Development Services Ken Baker, Planner II Clayton Comstock, Planner II Lorrie Fletcher, Chief of Fire Services Mike Starr, Fire Marshal David Barnes, Chief of Police Services Robert Finn, Director of Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Steve Anderson, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor, and City Secretary Lori Payne. WORK SESSION: Agenda Item No. 1. Call to order. The Work Session was called to order by Mayor Terrell at 5:38 p.m. Agenda Item No. 2. Invocation. David Whitington from Christ Our King Church gave the invocation. Mayor Terrell led the pledge of allegiance. Agenda Item No. 3A. FY 2011 Project Priorities: Pathways Construction Priority List. Agenda Item No. 3B. FY 2011 Project Priorities: Wayfinding Signage Priority List. Agenda Item No. 3C. FY 2011 Project Priorities: Beautification of Public Areas Proiect Priority List. Mayor Terrell announced these items would be moved to a future Council meeting and will not be discussed at this meeting. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. No action was taken during the Work Session and each item was considered during the Regular Session. Council reviewed the items on the Consent Agenda. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 1 of 16 I REGULAR SESSION: Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to order by Mayor Pro Terrell at 5:45 p.m. Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney; Section 551.072, deliberation regarding real property; Section 551.074, deliberation regarding personnel matters and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:45 p.m. Executive Session began at 5:57 p.m. and ended at 7:47 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:59 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A1. Mayor's Report- Update of upcoming meetings and events. Mayor Terrell announced upcoming meetings and events. Agenda Item No. 3B. City Manager's Report. A report was not given. Agenda Item No. 3C. Parks and Recreation Board Report. A written report was provided 111111W in the Council's meeting packet. CONSENT AGENDA: Consent Agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items into the record. Agenda Item No. 4A. Approve the minutes from the November 16, 2010 regular City Council meeting and from the November 29, 2010 special City Council meeting. The minutes were approved as presented. Councilmember Wang abstained from voting on the minutes from the November 16, 2010 City Council meeting. 0111 Agenda Item No. 4B. Cancel or reschedule the December 21, 2010 City Council meeting. Council canceled the December 21, 2010 City Council meeting. Agenda Item No. 4C. Approve an Interlocal Agreement for engineering design of the ' F.M. 1938 Phase II Roadway Improvement Project with Tarrant County. A presentation was not made on this item. Agenda Item No. 4D. Approve an Interlocal Agreement for engineering and landscape design for the F.M. 1938 Phase II Roadway Improvement Project with the City of Keller. A presentation was not made on this item. • REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 2of16 L Agenda Item No. 4E. Approve a renewal contract with Crowley Sports Officials for sports officiating and scorekeepinq services in the amount of$100,130. A presentation irs was not made on this item. Agenda Item No. 4F. Resolution No. 10-060, Appoint members to the Audit and Finance Committee. Council appointed John Terrell, Brandon Bledsoe and AI Zito to the Audit and Finance Committee. Agenda Item No. 4G. Ordinance No. 993, 1 St Reading, Amend Chapter 11, Offenses and Miscellaneous Provisions of the City Code of Ordinances, as amended, by adding Article V, prohibiting the possession, purchase, sale and ingestion of certain drugs. A presentation was not made on this item. Agenda Item No. 4H. Approve renewal of Tennis Center Management Agreement with Stephen and Mia Poorman, dba Roxy Tennis, L.L.C., for one year. A presentation was not made on this item. Agenda Item No. 41. Ordinance No. 480-598 (ZA10-039), 2nd Reading, Zoning Change and Concept Plan for Southlake Montessori on property being legally described as Lot 4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current Zoning: 0-1 Office Zoning District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9. This item was administratively tabled and the public hearing continued to the January 4, 2011 City Council meeting. " '1w Agenda Item No. 4J. Ordinance No. 480-BBBB, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to termination or tit amortization of non-conforming uses. This item was administratively tabled and the public hearing continued to the January 4, 2011 City Council meeting. Agenda Item No. 8A. Resolution No. 10-061, Establish the City of Southlake's Legislative Agenda for the 82nd Texas Legislative Session. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOULTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING A LEGISLATIVE AGENDA FOR THE 82nd TEXAS LEGISLATIVE Ift REGULAR SESSION. Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F to appoint John Terrell, Brandon Bledsoe and Al Zito to the Audit and Finance Committee; 4G; 4H; to table item 41 and to continue the public hearing to the January 4, 2011 City Council meeting; to table item 4J and to continue the public hearing to the January 4, 2011 City Council meeting; and item 8A. Motion: Hill Second: Bledsoe r REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 ita Page 3of16 Vote on all consent agenda items with the exception of item 4A, approval of the minutes from the November 16, 2010 City Council meeting: r Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Vote on consent agenda item 4A, approval of the minutes from the November 16, 2010 City Council meeting: Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito Nays: None Abstain: Wang Approved: 6-0-1 REGULAR AGENDA: Agenda Item No. 5. Public Forum. No one spoke during the public forum. Agenda Item No. 6A. Ordinance No. 480-549B (ZA10-054), 2nd Reading, Zoning r Change and Site Plan for Tower Plaza on property being described as Tract 3B, 3B01 and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract No. 899, and being located at 821, 829 and 835 East Southlake Boulevard. Current Zoning: S-P-1 Detailed r„ Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9. Director Baker presented this item to Council. Applicant Skip Blake made a presentation and answered Council's questions. In accordance with Section I,„ "Ow 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 3B & 3B01, AND A PORTION OF TRACT 3D01, O.W. KNIGHT SURVEY, ABSTRACT No. 899 AND BEING APPROXIMATELY 5.84 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING IP CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN irrr THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 4 of 16 I • m r Mayor Terrell opened the public hearing and read comment cards from those who were in support but did not wish to speak: Sanjay Agrawal, 4311 Bretton Bay Lane, Dallas, Texas; Michael Conroy, 7010 Orchard Hill Court; Sheila Cross, 7008 Lismore Court, Colleyville, Texas; Mike Farhat, 1060 Harbor Haven, Southlake, Texas; Mark Greenberg, 910 East Southlake Boulevard, Southlake, Texas; Kathie Lower, 2206 Shady Vista; Parind Patel, 910 East Southlake Boulevard, Southiake, Texas; Zena Rucker, 650 South Carroll Avenue; Southlake, Texas; Thomas Schott, 910 East Southlake Boulevard, Southiake, Texas; and, Neil Williams, 605 Nicholas Court. Xian Fang, 1915 Kings Pass, spoke in support. Manuel R. Ramirez, 4790 Byron Circle, spoke in support. +f� Grear Hurt, 910 East Southlake Boulevard, Suite 155, spoke in support. Raji Kumar, 3804 Kimbrough Lane, spoke in support. Ann Davis, 308 Foxborough, Southlake, Texas spoke in opposition. valw Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas spoke in opposition. Michael Hahn, 910 East Southlake Boulevard, Southlake, Texas spoke in support. Skip Blake addressed the public comments. Nels Nelson, 2803 Carrick Court, Southlake, Texas addressed the public comments. Mayor Terrell closed the public hearing. Motion was made to approve Ordinance No. 480-549B (ZA10-054), 2nd Reading, Zoning Change and Site Plan for Tower Plaza subject to the applicant's agreement to the following conditions: extending the sidewalk on the south side of Building One east to the main sidewalk; allowing no skilled nursing or memory care uses on the site; following Development Regulation #10 stating that turf and irrigation will be provided on the office building site if construction of the office building has not commenced within six (6) months of the completion of horizontal improvements and the medical center building; allowing no stucco on the office building; accepting applicant's willingness to work with city staff on a further landscaping plan if Zena Rucker Road has a certain theme for the parkway; stating that the drawings as presented to Council are a clear representation of distinctive features being added to the hospital façade facing, in particular, Zena Rucker Road and that the video shown tonight will be used for r REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 5of16 I clarification; noting there will be a clock on all four (4) sides of the clock tower; if the applicant should choose to utilize the Tarrant County bond funds that were previously approved for use on this tract of land, requiring the applicant to place the following language on all offering statements or any other sales or marketing materials supporting the debt instrument: "The City of Southlake is not an owner, investor, partner, participant or guarantor of this project" but noting that "Southlake" can only be used for location purposes only; and subject to Site Plan Review Summary No. 2, dated October 15, 2010 granting the variances as presented. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito rNays: None Approved: 7-0 Agenda Item No. 6B. ZA10-046, Revised Concept Plan for Kimball Circle Estates on property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529, and being located at 703, 722, 730 and 750 South Kimball Avenue. Current Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #8. Director Baker presented items 6B and 6C simultaneously. Applicant Jim Dewey with JDJR Engineers made a presentation and answered Council's questions. #�. Mayor Terrell opened the public hearing and read comment cards from those who were in support but did not wish to speak: r Olufunmilayo Akintade, 2133 Kimball Hill Court, Southlake, Texas; Steve Donohue, 2121 Kimball Hill Court, Southlake, Texas; Dennis Minder, Woodland Heights HOA, Southlake, Texas; Jerry and Kathryn Orler, 2128 Kimball Hill Court; Southlake, Texas; Chris and Eliena Prokopeas, 2129 Kimball Hill Court; Southlake, Texas; Karen Roussos, 2100 Kimball Hill Court, Southlake, Texas; and, Patricia N. Wilson, 2112 Kimball Hill Court; Southlake, Texas. William E. Stonaker, 2112 Kimball Hill Court, Southlake, Texas, spoke in support and submitted a petition from the residents of Kimball Hills asking that Council allow the street between Kimball Hill Court and Miracle Pointe to be built as a through-street. Mayor Terrell noted acceptance of the petition received from residents of Kimball Hills. John McSweeney, 2116 Kimball Hill Court, Southlake, Texas, spoke in support. { Mayor Terrell closed the public hearing. Motion was made to approve ZA10-046, Revised Concept Plan for Kimball Circle Estates subject to Revised Concept Plan Review Summary No. 2, dated November 12, 2010 and granting the variance request to Subdivision Ordinance No. 483, Section 8.01(A). REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 6 of 16 L Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 6C. ZA10-047, Preliminary Plat for Kimball Circle Estates on property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529 and being located at 703, 722, 730 and 750 South Kimball Avenue. Current Zoning: SF- 20A Single Family Residential District. SPIN Neighborhood #8. Director Baker presented items 6B and 6C simultaneously. Applicant Jim Dewey with JDJR Engineers made a presentation and answered Council's questions. Motion was made to approve ZA10-047, Preliminary Plat for Kimball Circle Estates subject to Plat Review Summary No. 2, dated November 12, 2010. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito ifs Nays: None Approved: 7-0 Agenda Item No. 6D. ZA10-057, Site Plan for Lot 3, Carroll-Greenway Addition being located at 1281 East State Highway 114. Current Zoning: C3 General Commercial. SPIN Neighborhood #8. Director Baker presented this item to council. Applicant Scott " ,,r Dorn with Design Duncan Miller Ullmann made a presentation and answered Council's questions. Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public hearing. Pit Motion was made to approve ZA10-057, Site Plan for Lot 3, Carroll-Greenway Addition is noting that the on-street diagonal parking on State Street will not be allowed and that the parkway landscaping will be extended to include plantings and turf; noting the applicant's agreement to remove the two parking spaces on the south side and to replace them with turf and to shift the parking spaces on State Highway 114 and to eliminate the two corner spaces and to replace those with turf; and subject to Revised Site Plan Review Summary No. 2, dated November 18, 2010 and granting the requested variances for driveway spacing and tree canopy cover. Motion: Hill Second: Bledsoe Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None OP'' Approved: 7-0 Agenda Item No. 6E. Ordinance No. 992, 2nd Reading, Adopt an ordinance to dedicate Pr street right-of-way from City-owned property at 1371 East Highland Avenue for the REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 7 of 16 r L purpose of constructing Kirkwood Boulevard and declare the remainder of the property p rty to be surplus. Director Price presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE DEDICATING PERMANENT STREET RIGHT-OF-WAY FROM CITY OWNED PROPERTY AT 1371 EAST HIGHLAND AVENUE LOCATED IN THE RICHARD EADS SURVEY, ABSTRACT NO. 481 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH STREET RIGHT-OF-WAY IS NECESSARY FRO USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT-OF-WAY DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public hearing. Motion was made to approve Ordinance No. 992, 2nd Reading, Adopt an ordinance to dedicate street right-of-way from City-owned property at 1371 East Highland Avenue for the purpose of constructing Kirkwood Boulevard and declare the remainder of the property to be surplus. Motion: Hill Second: Bledsoe ia Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 4111110 Mayor Terrell called for a break at 9:25 p.m. and reconvened the meeting at 9:41 p.m. Agenda Item No. 6F. Resolution No. 10-057 (GAS10-004), Specific Use Permit for Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1 R1 and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. Planner Fletcher presented items 6F, 6G, 6H and 61 simultaneously. Applicant Walter Dueease with XTO Energy, Inc., 810 Houston Street, Fort Worth, Texas made a presentation and answered Council's questions. Applicant Rick Smith with Energy Transfer, 800 East Sonterra Boulevard, San Antonio, Texas made a presentation and answered Council's questions. Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would take place simultaneously. He opened all of the public hearings and took public comments. Mayor Terrell read comment cards from those who were in opposition but did not wish to speak: Beth Adams, 165 Creekway Bend, Southlake, Texas; r ,, REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 8of16 I tft Landon Adams, 165 Creekway Bend, Southlake, Texas: "My name is Landon Adams. I have had asthma all my life and I take multiple medications daily in order to breath. Please do not force me to move and cause my fellow asthma sufferers all additional breathing difficulties. More studies need to be done on the quality of air near a drill site. Please protect our community;" John Ansohn, 304 Donley, Southlake, Texas; - Glenn Askew, 808 Timbercrest Court, Southlake, Texas; Jenna Askew, 808 Timbercrest Court, Southlake, Texas; Stacey Bott, 1604 Ponderosa Way, Southlake, Texas; Jackie Burlingame, 645 Briarridge Road, Southlake, Texas; Rusty Burlingame, 645 Briarridge Road, Southlake, Texas; Hank Delisle, 1204 Plantation, Southlake, Texas; +� Kate Delisle, 1204 Plantation, Southlake, Texas; Craig Dewey, 1121 Merlot Drive, Southlake, Texas; Merrill Dobrow, 1303 Eagle Bend, Southlake, Texas; to Tricia Dobrow, 1303 Eagle Bend, Southlake, Texas; Nina Dunn, 950 North White Chapel Boulevard, Southlake, Texas; Ken Erston, 807 Saratoga Drive, Southlake, Texas; wrr David P. Ettinger, 804 Dove Creek Trail, Southlake, Texas; Renee D. Ettinger, 804 Dove Creek Trail, Southlake, Texas; Phil Evans, 408 Southridge Lakes Parkway, Southlake, Texas; la Tiffany Evans, 480 Southridge Lakes Parkway, Southlake, Texas; Cole Findlay, 802 Dove Creek Trail, Southlake, Texas; Katherine Findlay, 802 Dove Creek Trail, Southlake, Texas; Noah Findlay, 802 Dove Creek Trail, Southlake, Texas; Patrick Foreman, 1708 Wildrose Way, Southlake, Texas; Daniel Garrison, 6401 Westcoat Drive, Colleyville, Texas; Julianna Garrison, 6401 Westcoat Drive, Colleyville, Texas; Bill Gleim, 1905 Amesbury Court, Southlake, Texas; J.D. Gonzales, 400 Borders Court; Southlake, Texas; Joan Gonzales, 400 Borders Court, Southlake, Texas; Diane Harris, 1025 Mission Drive, Southlake, Texas; Jeff Harris, 1025 Mission Drive, Southlake, Texas; Julie Hendrix, 110 East Chapel Downs, Southlake, Texas; Kate Hendrix, 110 East Chapel Downs, Southlake, Texas; Kent Hendrix. 110 East Chapel Downs, Southlake, Texas; Cole Holmes, 200 Bob-O-Link, Southlake, Texas; +� Shani Holmes, 200 Bob-O-Link, Southlake, Texas; Stacey Jackson, 1121 Merlot Drive, Southlake, Texas; Sonia Khan, no address provided; Rory King, 921 Dove Creek Trail, Southlake, Texas; Stephanie King, 921 Dove Creek Trail, Southlake, Texas; Chris Koh, 203 East Chapel Downs Drive, Southlake, Texas; or David LaChance, 910 Emerald Boulevard, Southlake, Texas; Audra Lewandowski, 405 Indian Paintbrush, Southlake, Texas; Nandini Malla, 300 Preakness Circle, Southlake, Texas; Irr REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 9 of 16 r Michael and Stacey Maeker, 1204 Sabine Court, Southlake, Texas; Sherry Matheson, 800 Dove Creek Trail, Southlake, Texas; Karie McBride, 108 East Chapel Downs Drive, Southlake, Texas; Michael McBride, 108 East Chapel Downs Drive; Southlake, Texas; Barry McClelland, 710 Dove Creek Trail, Southlake, Texas; Barbara Milhizer, 569 Round Hollow Lane, Southlake, Texas; Eric Milhizer, 569 Round Hollow Lane, Southlake, Texas; Gabriella Miller, 405 Orchard Hill Drive, Southlake, Texas; Ward Miller, 405 Orchard Hill Drive, Southlake, Texas; Matt Moustakas, 913 Dove Creek Trail, Southlake, Texas; Ted Murday, 201 East Chapel Downs, Southlake, Texas; Barbara Oliphant, 1035 Summerplace Lane, Southlake, Texas; Virvil Oliphant, 1035 Summerplace Lane, Southlake, Texas, "We object to the variance request. A lot of thorough study went into developing the ordinances. They can be complied with."; Timm Olson, 919 Dove Creek Trail, Southlake, Texas; Trish Olson, 919 Dove Creek Trail, Southiake, Texas; Steven Pidgley, 209 East Chapel Downs, Southlake, Texas; Ken Quigley, 925 Southcrest Court, Southlake, Texas; Robert Scheurle, 415 Southview Trail, Southlake, Texas; Monique Schill, 162 Jellico Circle, Southlake, Texas; Robin Schill, 162 Jellico Circle, Southlake, Texas; Virginia Simonson, Flower Mound; Beverly Spillyards, 1920 Cresson Drive, Southlake, Texas; David Spillyards, 1920 Cresson Drive, Southlake, Texas; ill Ills Janeth Stiller, 218 Bob-O-Link Drive, Southlake, Texas; Patti Weber, 922 Turnberry Lane, Southlake, Texas; Ernesto Werbiski, 316 Dove Creek Trail, Southlake, Texas; Peter Wilcox, 1904 Country Moss Way, Southlake, Texas; Sally Wilcox, 1904 Country Moss Way, Southlake, Texas; Matt Wilsman, 1604 Ponderosa, Way, Southlake, Texas; and, Karen Wilson, 100 Timberline S, Colleyville, Texas. Mayor Terrell read comment cards from those who were in support but did not wish to speak: Bobby G. Adams, 1204 and 1206 Woodsey Court, Southlake, Texas; Ruth Ann Adams, 1204 and 1206 Woodsey Court, Southiake, Texas; Olufunmilayo, Akintade, 2133 Kimball Hill Court; Southlake, Texas; Kurtis Anderson, 1203 Earlston Court, Southlake, Texas; r Veronika Anderson, 555 South White Chapel Boulevard; Southlake, Texas; Wilfred Anderson, 555 South White Chapel Boulevard, Southlake, Texas; Greg Billingsley, 1217 Woodsey Court, Southlake, Texas; Randell Blair, 850 Ownby Lane, Southlake, Texas; Stan Braun, 950 Lakewood Drive, Southlake, Texas; Charlie and Carol Broadway, 600 Bentwood Lane, Southiake, Texas; REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 10 of 16 I [[ Adrienne Byrd, 1800 North White Chapel Boulevard; Southlake, Texas; Alice Covington, 1213 Woodsey Court, Southlake, Texas; tam Jim T. Covington, 1213 Woodsey Court, Southlake, Texas; Cheryl Davidson, 1013 South Hollow Drive, Southlake, Texas; Ann Davis, 308 Foxborough, Southlake, Texas; Mike Denny, 805 Durham Court, Southlake, Texas; Steve Donohoe, 2121 Kimball Hill Court; Southlake, Texas; Carlos Dorris, 213 Eastwood Drive, Southlake, Texas; Karen Dorris, 213 Eastwood Drive, Southlake, Texas; to Mike Farhat, 1060 Harbor Haven, Southlake, Texas; Dana Faris, 3000 Flamingo Circle, Southlake, Texas; Gina Faris, 302 Dove Creek Trail, Southlake, Texas; William Faris, 3000 Flamingo Circle, Southlake, Texas; Michael Frazier, 1013 South Hollow Drive, Southlake, Texas; Henry (Dick) Freehling, 381 South White Chapel Boulevard, Southlake, Texas; in Sharon Freehling, 381 South White Chapel Boulevard; Southlake, Texas; Abigale Gregory, 1201 Oakhurst Drive, Southlake, Texas; Gale Gregory, 1100 West Southlake Boulevard, Southlake, Texas; Gay Gregory, 1201 Oakhurst Drive, Southlake, Texas; Joe D. Gregory, 1100 West Southlake Boulevard, Southlake, Texas; Regina Gregory, 1201 Oakhurst, Southlake, Texas; Cindy Grossman, 217 Westwood Drive, Southlake, Texas; Ken Grossman, 217 Westwood Drive, Southlake, Texas; r Betty Hardisty, 1002 Pine Meadow Court, Southlake, Texas; allir Robert V. Hardisty, 1002 Pine Meadow Court, Southlake, Texas; Bobby Harrell, 325 Clariden Ranch, Southlake, Texas; Cathy and Mark Hinzman, 803 Cross Lane, Southlake, Texas; Gary Hollingsworth, 1110 LaPaloma Court, Southlake, Texas; 111 Judy Hollingsworth, 1110 LaPaloma Court, Southlake, Texas; Kevin Honig, 905 Carriage Way, Southlake, Texas; Fred Joyce, 455 Randol Mill, Southlake, Texas; Mike and Doris Lafavers, 303 East Highland, Southlake, Texas; Phyllis Lafavers, 620 South White Chapel Boulevard, Southlake, Texas; Britt Lane, 1609 Enclave Court, Southlake, Texas; Tammy Lane, 1609 Enclave Court, Southlake, Texas; Richard Lawrence, 520 Southview Trail, Southlake, Texas; Ann D. Leavens, 220 Westwood Drive, Southlake, Texas; +l Russell W. Leavens, 220 Westwood Drive, Southlake, Texas; Regina Linkous, 500 South White Chapel Boulevard, Southlake, Texas; Ron Linkous, 500 South White Chapel Boulevard; Southlake, Texas; Rebecca Madison, 550 Bentwood Lane, Southlake, Texas; Tommy Madison, 550 Bentwood Lane, Southlake, Texas; Amiad Malik, 700 South White Chapel Boulevard, Southlake, Texas; fir Anila Malik, 700 South White Chapel Boulevard, Southlake, Texas; Donnie Marcontell, 600 Garden Court; Southlake, Texas; Kelly Marcontell, 600 Garden Court; Southlake, Texas; ii. ,, REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 11of16 I Bernice McCauley, 900 Wildwood, Southlake, Texas; Dick McCauley, 900 Wildwood, Southlake, Texas; John McSweeney, 2116 Kimball Hill Court, Southlake, Texas; Jennifer Myers, 801 Cross Lane, Southlake, Texas; Deric Miller, 750 Lakewood Drive, Southlake, Texas; Nadolyn Miller, 220 Eastwood Drive, Southlake, Texas; Jack Milner, 651 East Highland Street, Southlake, Texas; Jake Milner, 651 East Highland Street, Southlake, Texas; r Jim Milner, 651 East Highland Street, Southlake, Texas; Joey Milner, 651 East Highland Street, Southlake, Texas; Laurie Milner, 651 East Highland Street, Southlake, Texas; Mary Jo Milner, 651 East Highland Street, Southlake, Texas; Dennis Minder, Woodland Heights HOA, Southlake, Texas; Dennis and Pattie Minder, 223 Eastwood Drive, Southlake, Texas; Steve Oren, 2050 Shady Oaks Drive, Southlake, Texas; I D. Todd Parrish, 1313 Bay Meadows, Southlake, Texas; Aline Perry, 1356 Woodbrook Lane, Southlake, Texas; Deloris Perry, 1229 Woodsey Court, Southlake, Texas; Ir Steve Perry, 1356 Woodbrook Lane, Southlake, Texas; Doug Rake, 304 Preakness Circle, Southlake, Texas; Connie B. Robertson, 1225 Ridgewood Circle, Southlake, Texas; Karen Roussos, 2100 Kimball Hill Court, Southlake, Texas; Zena Rucker, 650 South Carroll Avenue, Southlake, Texas; Jim Settles, 410 Southview Trail, Southlake, Texas; Matt Schirle, 1512 Main Street, Southlake, Texas; Manzufr Shafi, 1861 Sunshine, Southlake, Texas; Taherah Shafi, 1861 Sunshine, Southlake, Texas; Frances Shivers, 1800 North White Chapel Boulevard, Southlake, Texas; Paul Simon, 500 Bentwood, Southlake, Texas; Mel and Susan Skaggs, 320 West Highland, Southlake, Texas; Dana Skelly, 1207 Del Mer Drive, Southlake, Texas; Carl Sledz, 220 Eastwood Drive, Southlake, Texas; Graylene Spain, 2200 Estes Park, Southlake, Texas; Lisa Spain, 1030 Primrose Lane, Southlake, Texas; Paul Spain, 2200 Estes Park, Southlake, Texas; Gordon Spark, 600 Oak Hill Drive, Southlake, Texas; Janice K. Spark, 600 Oak Hill Drive, Southlake, Texas; William E. Stonaker, 2112 Kimball Hill Court; Southlake, Texas; Pat and Cheri Summerall, 710 South White Chapel Boulevard, Southlake, Texas; Cynthia Sykes, 720 South White Chapel Boulevard; Southlake, Texas; J.R. Sykes, 720 South White Chapel Boulevard, Southlake, Texas; Charlene Upshaw, 655 East Highland Street, Southlake, Texas; vio' Gail Upshaw, 120 Green Oaks Lane, Southlake, Texas; 1111 Gene Upshaw, 655 East Highland Street, Southlake, Texas; Mary Upshaw, 653 East Highland Street, Southlake, Texas; Brooke Upshaw, 120 Green Oaks Lane, Southlake, Texas; fib ,,, REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 flo Page 12 of 16 I Tara Upshaw, 120 Green Oaks Lane, Southlake, Texas; John Underwood, 1407 Whispering Dell Court, Southlake, Texas; Jacob Utley, 1735 Shady Oaks, Southlake, Texas; Michael Utley, 1735 Shady Oaks, Southlake, Texas; John Van Son, 675 Southview Trail, Southlake, Texas; Marilyn Van Son, 675 Southview Trail, Southlake, Texas; Allan Vivian, 713 Timber Lake Circle, Southlake, Texas; Tina Wasserman, 520 West Highland Street, Southlake, Texas; Marcus Wayland, 2508 Rolling Lane, Southlake, Texas; Jason Whitmire, 2012 Woodbine Circle, Southlake, Texas; Jim Williams, Southlake Hospital Landowner, 5400 Dallas Parkway, Frisco, Texas; Ray Williamson, 479 West Highland, Southlake, Texas; and, Patricia N. Wilson, 2112 Kimball Hill Court, Southlake, Texas. Rhonda Cleaves, 909 Parkview Lane, Southlake, Texas, spoke in opposition. Gordon Aalund, 200 East Chapel Downs, Southlake, Texas, spoke in opposition. Trevor Matheson, 800 Dove Creek Trail, Southlake, Texas, spoke in opposition. Matt Cleaves, 909 Parkview Lane, Southlake, Texas, spoke in opposition. City Attorney Taylor addressed a resident's question regarding the Planning and Zoning Commission action on this item. i• 1/, Aelena Cook, 404 West Chapel Downs Drive, Southlake, Texas, spoke in opposition. is Patty Gleim, 1905 Amesbury Court, Southlake, Texas, spoke in opposition. or Robert Stiller, 218 Bob-O-Link Drive, Southlake, Texas, spoke in opposition. Tom Allen, 9 Village Circle, Westlake, Texas, spoke in support. Eric D. Hulet, 251 Countryside Court, Southlake, Texas, spoke in support. Bill Lafavers, 620 South White Chapel Boulevard, Southlake, Texas, spoke in support. orn it Troy Findlay, 802 Dove Creek Trail, Southlake, Texas, spoke in opposition. Greg Standerfer, 1130 North Carroll Avenue, Southlake, Texas, spoke in support. Frank Bliss, 1008 Quail Run Road, Southlake, Texas, spoke in support. Martin Schelling, 2665 North White Chapel Boulevard, Southlake, Texas, spoke in support. I (1.1" REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 13 of 16 I kir Keith Houser, 1219 Whispering Lane, Southlake Texas, spoke in support. P 9P PP Sam Timothy, 715 Kent Court, Southlake, Texas, spoke in support. Rebecca Utley, 1735 Shady Oaks Drive, Southlake, Texas, spoke in support. Izak Gregory, 1201 Oakhurst Drive, Southlake, Texas, spoke in support. Howard Sanders, 1000 Lakewood Drive, Southlake, Texas, spoke in support. Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, spoke in support. Esther McElfish, 7112 Martha Lane, Fort Worth, Texas, spoke in opposition. Kirk Pittard, 601 Haines Avenue, Dallas, Texas, spoke in opposition. Sheri Hight Brunson, 621 Sunset Court, Argyle, Texas, spoke in support. Rick Wilhelm, 2209 Yeargain Court, Southlake, Texas, spoke in support. Motion was made to table and to continue the public hearing for Resolution No. 10-057 is (GAS10-004), Specific Use Permit for Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street to the January 4, 2011 City Council meeting. Motion: Hill Second: Zito Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 6G. GAS10-005, Consider Requested Variances to Ordinance No. 880-A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s) associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1 R1 and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. Planner Fletcher presented items 6F, 6G, 6H and 61 simultaneously. Applicant Walter Dueease with XTO Energy, 810 Houston Street, Fort Worth, Texas made a presentation to Council and answered questions. Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would take place simultaneously. He opened all of the public hearings and took public comments. Motion was made to table and to continue the public hearing for GAS10-005, Consider Requested Variances to Ordinance No. 880-A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s) associated with Gas and Oil Well Drilling REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 14 of 16 and Production on property being located at 651 and 655 East Highland Street to the January 4, 2011 City Council meeting. Motion: Hill Second: Zito Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 6H. GAS10-006, Consider Requested Variances to Ordinance No. 880-A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1 R1 and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. Planner Fletcher presented items 6F, 6G, 6H and 61 simultaneously. Applicant Walter Dueease with XTO Energy, 810 Houston Street, Fort Worth, Texas made a presentation to Council. Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would take place simultaneously. He opened all of the public hearings and took public comments. Motion was made to table and to continue the public hearing for GAS10-006, Consider Requested Variances to Ordinance No. 880-A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street to the January 4, 2011 City Council meeting. Motion: Hill Second: Zito Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito rot Nays: None Approved: 7-0 Agenda Item No. 61. Variance to Noise Ordinance No. 778, as amended, for Energy Transfer to install a pipeline for the transportation of natural qas along the State a' Highway 114 corridor. Planner Fletcher presented items 6F, 6G, 6H and 61 simultaneously. Applicant Rick Smith with Energy Transfer, 800 East Sonterra Boulevard, San Antonio, Texas made a presentation and answered Council's questions. Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would ' take place simultaneously. He opened all of the public hearings and took public rr� comments. Motion was made to table and to continue the public hearing for the Variance to Noise IN Ordinance No. 778, as amended, for Energy Transfer to install a pipeline for the transportation of natural gas along the State Highway 114 corridor to the January 4, 2011 City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 15 of 16 fir. Motion: Hill Second: Muller Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito Nays: None Approved: 7-0 Agenda Item No. 11. Meeting adjourned. Mayor Terrell adjourned the meeting at 12:57 a.m. 1r *An audio recording of this meeting will be permanently retained in the City Secretary's Office. FP John errel Mayor ATTEST: Lori Payne City Secretary .. eJ kb low FIP II r kr I REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010 Page 16 of 16 Description TIRZ meeting and City Council meeting (TIRZ meeting was held prior to Council çmeeting) Date 12/7/2010 Location Southlake Council Chambers I IL [ TIRZ meeting and City Council meeting (TIRZ meeting was held Southlake Council Chambers ETime Speaker Note (so . 5:38:49 PM Mayor called meeting to order 5:39:03 PM David Whitington gave the invocation 5:41:36 PM Mayor led the pledge of allegiance 5:41:40 PM Mayor moved work session items 3a, b, and c to a later meeting 5:42:30 PM Mayor reviewed consent agenda items -4a, 4b to cancel the Dec 21 meeting, 4c, 4d, 4e, 4f to appoint members Al Zito, Brandon PP Bledsoe, and John Terrell to the Audit Committee, 4g, 4h, 4i to lio table to Jan. 4 meeting, 4j to table to Jan. 4 meeting r 5:45:32 PM Mayor called for an executive session lib 7:59:27 PM Mayor reconvened meeting following exec session 7:59:45 PM Mayor 8:01:28 PM Mayor read thru Mayors Report items - meetings and events read consent agenda items into the record - as read including item 8a E 8:02:18 PM Hill motion to approve consent agenda items as read 8:02:21 PM Bledsoe second - motion was approved with Jeff Wang abstaining on minutes from the 11-16 meeting To 8:04:50 PM Ken Baker presented item 6a to Council 8:22:36 PM Skip Blake made a presentation to Council and answered questions RP 8:24:56 PM Council questioned differences regarding video and plans ii Ilibr 8:25:23 PM Mayor opened the public hearing 8:25:42 PM Mayor read through cards of persons in support and not wanting to r speak lis 8:27:26 PM Dr. Xian Fang 1915 Kings Pass - spoke in support 8:28:21 PM Dr. Manuel Ramirez spoke in support ii. 8:29:05 PM Dr. Grear Hurt spoke in support 8:30:03 PM Dr. Raji Kumar spoke in support 1 8:30:43 PM Ann Davis, 308 spoke in opposition Foxborough r 8:31:41 PM Richard Sandow spoke in opposition ir 8:35:59 PM Mayor there is a stack of cards 8:36:27 PM Dr. Michael Hahn spoke in support 8:37:19 PM Skip Blake 8:38:00 PM Nels Nelson addressed public comments 2803 Carrick Court - addressed public comments - bond issue or 4 8:39:37 PM Mayor closed public hearing ill .. .......... . .. „. . ... ..... ... ...„ .. .. .............„... .... ..........; la IL I12/7/2010 2 of 5 [ . TIRZ meeting and City Council meeting (TIRZ meeting was held lSouthlake Council Chambers Time Speaker Note L8:40:24 PM Hill motion to approve noting app has agreed to: extend sidewalk on south side of bldg east, no skilled nursing, will follow dev reg 10 if office bldg turf will be in place, no stucco on office bldg, wilwrk with staff on landscaping theme on rucker road, will establish same theme on back on bldg towards rucker road, app to place established language, subject to review, there will be a clock on all four sides on tower, granting variances ow tim 8:43:23 PM Allen Taylor cannot prohibit the use of Southlake as a geographic location ii 8:43:51 PM Skip Blake stucco question • 8:44:20 PM Bledsoe second - approved 7-0 FP 8:47:42 PM Ken Baker presented item 6b and 6c • • • 8:50:36 PM Applicant Jim presented this item and answered questions • Dewey r 8:51:30 PM Mayor opened public hearing a 8:51:40 PM Mayor read through cards of persons in support but who did not wish to speak RP OP 8:52:44 PM William Stonaker spoke in support a 8:55:40 PM John McSweeney spoke in support r 8:56:17 PM Mayor referenced received petition it lob, 8:56:53 PM mayor closed public hearing 8:57:00 PM Hil motion to approve including review and granting variance to subdivision ordinance i 8:57:17 PM Bledsoe second - approved 6b 7-0 8:57:46 PM Mayor called for a vote on item 6c ,r 8:57:54 PM Hill motion to approve item 6c including review 8:58:07 PM Bledsoe second - approved 6c 7-0 8:58:32 PM Ken Baker presented item 6d to Council 9:11:15 PM Council discussed this item 9:15:00 PM Applicant Scott ? presented and answered questions with Architect and Pr iiiii Interior Design Firm 9:17:32 PM Council parking needs, occupancy of building, eliminating the angled parking on State Street 9:19:19 PM Mayor opened the public hearing • r 9:19:28 PM Mayor closed the public hearing it 9:21:12 PM Hill motion to approve granting variances and noting not allowing the angled parking on State Street but extending the turf and on street landscaping, recommending the parking changes recommended by staff and subject to review 9:22:44 PM Bledsoe second - approved 7-0 9:23:03 PM Bob Price presented item 6E to Council 12/7/2010 3 of 5 TIRZ meeting and City Council meeting (TIRZ meeting was held Southlake Council Chambers Time Speaker Note • 9:24:20 PM Mayor opened public hearing 9:24:29 PM Mayor 9:24:36 PM Hill closed public hearing motion to approve item 6E 9:24:47 PM Bledsoe second - approved 7-0 9:25:22 PM Mayor called for a short break 9:41:20 PM Mayor reconvened meeting 9:41:32 PM Mayor recited meeting rules of the meeting 9:42:56 PM Lorrie Fletcher presented item to Council 10:14:47 PM Applicant Walter made a presentation to Council Deuwees with XTO Energy, 810 Houston Street, Fort 4.111 Worth 1 0:32:23 PM Applicant Rick made a presentation to Council Smith of Energy Transfer, 8127 Copper Circle, Houston 10:47:02 PM Council dig tape, a little deeper at transitions points, decibel level of pipeline, keep transition points as deep as possible around neighborhood areas, noise ordinance variance, variance corridor for pipeline 10:55:19 PM Mayor read cards from persons who are in opposition and do not wish to speak - Ward Miller, Peter Wilcox, Jeff harris, Stephen Piddley, .... Janice Stiller, David Lachance, Michael mcBride, Ken Quigley, Stephanie King, Rory King, Virgil Olephant, Barbara Olephant, Michal and Stacy Maker, Matt Mustakus, Audra Lewondowski, Sherry Matheson, Robin Schill, Monique Schill, Stacy Bott, Matt Willsman, Tim olson, • Sonya Conn, Renee Edinger, David Edinger, tr" is 12/7/2010 4 of 5 TIRZ meeting and City Council meeting (TIRZ meeting was held Southlake Council Chambers Time Speaker Note 11:01:53 PM Mayor read cards from person in support, Robert Hardesty, Ray Williamson, Lori Milner, Mike Farhat, tina Wasserman, Bobby Harrell, Brit Lane, Mike and Lafavers, Connie Robertson, Pat and Sherry Summerall, Dennis and Pattie Minder, Joey Milner, Jim Williamson, 01 Okinotoma, Karen Rusos, Carl Sleds, Madelaine Miller, Bernice McCauley, Dick McCauley, Lisa Spain, Paul Spain, Raylene Spain, Marcus Waylnad, Matt Shirley, Patrica Wilson, john McSweeney, William Stonaker, Kim Covington, Alice Covington, Craig Billingsley, Zena Rucker, Tammy MAdison, Rebecca Madison, Gayle Gregory, Steve Perry, Alene Perry, Kathryn and Mark , Carlos Doris, Karen Doris, Derek Miller, Veronica Anderson, Wilford Anderson, Andrea Bird, Jacob Utley, Jean Upshaw, Charlene Upshaw, Henry Freeling, Sharon Freeling, Todd Parrish, OP Gayle Upshaw, Mike Denny, Brook Upshaw TErra Upshaw, ai Fred Joyce, Mary Joe Milner, Jack milner, Curtis Anderson, David Ferris, Gary Holligsworth, Judy Hollingswort, Allen Vivian, Jim Settles, Dug Rake, Jenna Farris, Mikal Utley, Fred Shivers, Ron Lancos, Virginia lancos, Randall Blair, cynthia Sikes, Gordon Spark , Janice Spark, Penny lane, Gay Gregory, laura Perry, Ruth Ann Andams, Bobby Graham... 4!* 11:14:44 PM Mayor allowed speakers 11:14:50 PM.Rhonda Cleaves,/ spoke in opposition �► 11:18:54 PM Dr. Gordon Allen)/ spoke in opposition - read letters from several local doctors - variance to distance from residences, chemical components, air quality '11:24:05 PM Trevor Matheson/ spoke in opposition 11:28:33 PM.Matt Cleaves./ spoke in in opposition 11:32:21 PM Attorney Allen addressed question regarding the P&Z action on this item Taylor 11:34:24 PM Alena Cook Z spoke in opposition 11:38:11 PM Patty Gleim✓ spoke in opposition 11:41:11 PM Robert Stiller/ spoke in opposition 11:45:10 PM Tom Allen,/ spoke in support 11:48:22 PM Eric Hulet/ spoke in support 11:51:17 PM Bill Lafavers✓ spoke in support 11:57:40 PM Troy Findlay I spoke in opposition 12/7/2010 5 of 5 I Description Continued - City Council meeting tr> Date 12/8/2010 Location Southlake Council Chambers S fr S f a p so' OP fr 14! lot riff al a ail 1 L I Continued - City Council meeting Southlake Council Chambers Time Speaker Note ie 12:00:41 AM Troy Findlay continued speaking 12:02:23 AM Mayor read through some additional comment cards from persons in opposition 12:04:46 AM Greg Standerferi spoke in support 12:08:41 AM Frank Bliss / spoke in support 12:10:01 AM Martin Schelling7 spoke in support 12:13:03 AM Keith Houser ) spoke in support 12:17:10 AM Sam Timothy,/ spoke in support 12:20:25 AM Rebecca Utley,/ spoke in support 12:25:15 AM Isaac Gregory --- spoke in support 12:30:50 AM Howard Sander', spoke in support • 12:33:44 AM Robert Gray/ spoke in support 12:38:39 AM Esther McElfish / spoke in support 12:45:08 AM Kirk Pittard / spoke in opposition - retained by SL residents regarding the process 12:48:27 AM Sherry Brunson/ spoke in support 12:51:06 AM Mayor Daniel Garrison completed a card in opposition 12:51:18 AM Rick Wilhelm / spoke in support 12:53:40 AM Mayor stated that these items are gong to be tabled to the Jan 4 meeting and the public hearing will be continued 12:54:44 AM Hill motion to table 6f 461., 12:55:06 AM Zito second - tabled 7-0 12:55:45 AM Hill motion to table 6g 12:55:52 AM Zito second - tabled 7-0 12:56:09 AM Hil motion to table 6h 12:56:17 AM Zito second - tabled 6h 7-0 12:56:32 AM Hill motion to table 6i • 12:56:57 AM muller second - tabled 7-0 Nim 12:57:05 AM Mayor adjourned meeting re 11111 di (NW 12/8/2010 2 of 2 • 6000 WESTERN PLACE,SUITE 200 Taylor Olson Adkins Sralla Elam TELEPHONE:(817)332-2580 """• 1-30 AT BRYANT-IRVIN ROAD L.L.P. TOLL FREE:(800)318-3400 FORT WORTH,TEXAS 76107-4654 FACSIMILE:(817)332-4740 de EMAIL:TOASE@TOASE.COM Attorneys "p Counselors WEBSITE:WWW.TOASE.COM .1* c E ALLEN TAYLOR,JR. ExT. 212 VW ata;lor(0)toase corn December 7, 2010 CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE a VIA HAND DELIVERY a Mayor and City Councilmembers City of Southlake 1400 Main Street di Southlake, Texas 76092 di Re: Legality of Executive Session Posting Dear Mayor and Councilmembers: 'n' i4hr► You have asked our office to review the executive session posting for the December 7,2010, 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, a 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 attorney a. Seek advice of the city attorney regarding gas drilling and production and gas utility companies. b. Seek advice of the city attorney regarding pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. go c. Seek advice of the city attorney regarding a recreational services • contract. go 2. Section 551.072: Deliberation regarding real property kid a. Discuss the potential purchase or lease of real property for city facilities and projects. t✓ W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.12.07.2010.wpd December 7, 2010 •' Page 2 go 3. Section 551.074: Deliberation regarding personnel matters a. Deliberate the appointment of the City Secretary position. • 4. Section 551.087: Deliberation regarding economic development negotiations rr a. Economic Incentives for businesses. Section 551.071: Consultation with attorney di 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 +r 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 'o 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. Section 551.074: Deliberation regarding personnel matters 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 and commissions is on file in the City Secretary's Office. di Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. is W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.12.07.2010.wpd OW December 7, 2010 • Page 3 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 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 No 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 property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. tow Section 418.106(d) & (e): Local meetings to discuss emergency manament plans regarding pipeline safety di 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. es The purpose of this letter is to provide an opinion whether the city council may legally 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 to extends to any legal advice given to the council in executive session. It is appropriate for the council to receive legal advice from our office about any of the above listed lawsuits or claims. Further, it is appropriate for the council to discuss in executive session the exchange, lease or value of real property under Section 551.072 if the city council reasonably believes that or deliberation in open session would have a detrimental effect on the city's negotiations for that property. de Additionally, it is appropriate for the council to deliberate in executive session a negotiated W:\Southlake\Letters\Mayor&CC Letters\Mayor&CC.EAT.12.07.2010.wpd sir December 7, 2010 .. Page 4 filmr contract for a prospective gift or donation under Section 551.073 if the city council reasonably believes that deliberation in an open meeting would have a detrimental effect on the position of the a city. Under Section 551.074, the city council may deliberate the appointment or employment of a city officer, or employee. Under Attorney General opinions rendered 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. do Further, under Section 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. a If you have any additional questions or concerns, please feel free to contact our office. a Sincerely, E. Allen Tay o , Jr. EAT/ds cc: Shana Yelverton City of Southlake "ri 1400 Main Street Suite 460 Southlake, Texas 76092 a Lori Payne City of Southlake �r 1400 Main Street Suite 270 Southlake, Texas 76092 a a a a f Nay W:\Southlake\L.etters\Mayor&CC L.ettersVvlayor&CC.EAT.12.07.2010.wpd Petition to Southlake City Council We,the residents of Kimball Hills, petition City Council of Southlake,Texas,to allow the street between Kimball Hill Court and Miracle Pointe to be built as a through street as originally planned. We do not support in closing the street off between Miracle Pointe and Kimball Hill Court.We believe this is a safety issue for our neighborhood in that limiting access in and out of Kimball Hills is a potential problem if there is a fire, police or other emergency on Kimball Hill Court or accident at the intersection or Kimball Hill Court and South Kimball Avenue. Residents or emergency vehicles could be blocked from leaving or entering our neighborhood since there is only one way in and out of Kimball Hill Court. Our children will be safer with a through street since a school bus will then be able to come into our neighborhood for a bus stop instead of the bus stop being on the busy street of Kimball Avenue. Emergency vehicles,construction vehicles, school buses and moving trucks currently have limited access in and out of our neighborhood for two reasons. First,we have a cul-de-sac that they are unable to turn around in.Secondly,going northbound on Kimball Ave is hindered by a road divider, so they have to cross two lanes and make a U-turn,which large vehicles are unable to do. Therefore,opening the additional access through Miracle Pointe,as originally planned,will not only increase safety, but be more convenient for the neighborhood, city services,emergency vehicles,and the community in Ike general. We believe that opening the street will only benefit the neighborhood and our friends/guests and it will not be used as a shortcut for anyone outside of the neighborhood. It significantly increases travel 111 distance and time from Crooked Lane or South Kimball Avenue. It will be safer for travel into our neighborhood because we will be able to access Kimball Hill by avoiding making a U-turn across 2 lanes on Southbound Kimball Avenue in traffic and use Miracle Pointe instead.This is especially difficult during school drop-off and pickup hours and will only get worse since Kimball Avenue is a designated thoroughfare. Therefore,we,the undersigned residents and lot owners of Kimball Hills ask the City Council of Southlake to allow the streets of Kimball Hill Court and Miracle Pointe to be connected and remain open and public streets. wof a `' 'fin► I 6 VarIi2/1 l ` )'Ck/n/rOAQ6U- date ' 50( 10 Sign M Iu u SSG S Print Christopher or Karen Roussos 2100 Kimball Hill Court date Sign fir, Print Jamik Properties 2101 Kimball Hill Court I. date Sign f Petition to Southlake City Council from Kimball Hill Court Residents Page 2 Print I Henry or Laura Smith 2104 Kimball Hill Court 411# %Lorg'/' date o'Z / 8 Sign l�e-ri v ( Smith Print Diana Young 2105 Kimball Hill Court DIA 4ot gouNG— nr /`L date 8 -2 ? - 0 Sign im Print Sudha or Sanjay Kanatala 2108 Kimball Hill Court all to °\J\M 1C-C4\i\r -r-°1 2 20 10 Sign Petition to Southlake City Council from Kimball Hill Court Residents Page 3 its r s4 date (7-((a (2io o Print Ken Stone pt. 2109 Kimball Hill Court Sign lir • Print William Stonaker or Tricia Wilson 2112 Kimball Hill Court 03 1111 tpt UtiaLCIA,11\ • 44CAACAA,'"-- date - I D r, Sign !If* Print John or Michelle McSweeney 2116 Kimball Hill Court 03 4) 0? Af rA . . . r ler Petition to Southlake City Council from Kimball Hill Court Residents Page 4 FIOW date 5 2, `! Z> Sign lik Print C Lewis Homes 2117 Kimball Hill Court date Sign ai i11. Print Anarug or Trusha Patal 2120 Kimball Hill Court 1 ;;a • , date 8'21- Sign I 14NuR 6 Pk7ErL Print Steve or Julie Donahue Yr Petition to Southlake City Council from Kimball Hill Court Residents Page 5 C fur ft"' • ' • 2121 Kimball Hill Court low 44, date Sign I cw-Tew•Mig Print Robert or Carrie Mark wif 2125 Kimball Hill Court di date Sign 'To Print Jerry or Kathryn Orler a 2128 Kimball Hill Court ro id- gn io 7Y • L&-/Z Petition to Southlake City Council from Kimball Hill Court Residents Page 6 1111 Print 1111, Chris or Ellena Prokopeas 2129 Kimball Hill Court • r, date -29 20/ is Sign es ekris Print S Craig or Samantha Uys • 2132 Kimball Hill Court • 416s, lot date fc)-/(e 112 Sign S ore C.RP-16 S Print os) is Fummi or Yele Fadayomi 2133 Kimball Hill Court 1111 - _ date 0 Sign tr Petition to Southlake City Council from Kimball Hill Court Residents Page 7 ' ..' vLuw4Fut404tLkio A A E. Print Hanna Lukosavich 2136 Kimball Hill Court Ivry itt gpx.e4Atot ate e/L9 Jt� Sign Pv1/44/1 4-1^ Print Dustin or Brooke Andrews 2137 Kimball Hi Co le Z1Z4 )4,` 41( I e1( c�a/ w is f Petition to Southlake City Council from Kimball Hill Court Residents Page 8 L .. • OIL AND GAS DRILLIN The Environmental Protection Agency(EPA) Office of W. flowback and sometimes the injection of fracturing fluids . Drinking Water Act and Clean Water Act. In addition to F hydraulic fracturing process, states may have additional re; fracturing and the production of fossil fuels. In order to ensure protection for the environment, co water in the 34 states where oil and gas is produced, th be held to the highest standards. On July 30, 2010,The U.S. Congress took an importan some protections for communities facing oil and gas p i s s u s . . The CLEAR Act eliminates the threat to rivers and streams by closing the oil and gas construction loophole in the Clean Water Act and also ensures science-based review of environmental impacts at drill sites under the National Environmental do Policy Act. The removal of these 2 exemptions is only a piece of a larger reform that is needed to ensure that oil and gas production is carried out in a way that protects communities and the environment. Unfortunately, communities continue to be threatened, and in many cases, damaged. The oil and gas industry also continues to enjoy profits from exemptions under the Safe Drinking Water Act for hydraulic fracturing, the Clean Air Act for air pollution emissions, as well as exemptions from the Solid Waste Disposal Act Resource fr Conservation and Recovery Act and the Toxics Release Inventory. On September 16,2010,Wyoming state legislature implemented the toughest disclosure rules regarding hydraulic fracturing—and are today,the best in the nation. Fracking is suspected of polluting groundwater in Wyoming, Colorado,Texas, Pennsylvania,New York and other states with shale formations. The New York State Assembly has passed a"TIMEOUT" on Fracking for Natural Gas. The Assembly has demonstrated that it recognizes the potential dangers of the environmentally dangerous practice of fracking. The Bill suspends the issuance of in permits until May 15, 2011. This will allow an opportunity for the State to take a fresh look at the issues surrounding gas development, provide the legislature to make necessary changes to the state's oil and gas permitting program. irrr With this vote, the Assembly prevents New York from completing its hasty and ill- considered rush to embrace the dirty, dangerous technique known as fracking. New York has shown the nation that Americans have a right to stand up to big oil and r iia E gas companies. This is the first time any state has ever taken this kind of action to ip protect the health and safety of its residents from the consequences of gas drilling. In March 2010, the EPA announced that it will study the potential adverse impact that fracking may have on drinking water. The initial results of the study will be announced in late 2012. On September 9,2010, The EPA formally requested information from companies about chemicals used in natural gas extraction/Information on hydraulic fracturing chemicals is key to agency study of potential impacts on drinking water. On November 9, 2010, the EPA announced that 8 out of the 9 fracturing companies agreed to cooperate by voluntarily providing information on the chemical composition of fluids used in the fracking process, data on the impacts of the chemicals on human health and the environment, standard operating procedures at the fracking sites and the is locations of sites where fracturing has been conducted. One company, HILBURTON,has been subpoenaed by EPA to provide information. EPA's goal is to understand the identity of all chemicals used, the rationale for the choice of chemicals and concentrations injected into wells, and the concentrations of each formulation as delivered onsite and as typically injected into wells. Water used, quantity, quality and specifications of water needed, along with rationale, has also been requested. lb %Iv 011, As informed citizens, home-owners, and keepers of the welfare of the city of Southlake,would it not behoove us to allow the scientists, EPA, and State regulators to have all the information required in order to make an informed, qualified decision? a di a a f all VA �"if EPA science in ACT I 0 N www.epa.gov/ord BUILDING A SCIENTIFIC FOUNDATION FOR SOUND ENVIRONMENTAL. DECISIONS i* 0 HYDRAULIC FRACTURING RESEARCH STUDY 14, Why is EPA Studying Hydraulic Fracturing? 0 Natural gas plays a key role in our nation's clean Figure 1 M � IL u energy future and hydraulic fracturing is one way of Prfiatikiell accessing this vital resource. Over the past few : Drinking Water ,_,,,; I 1. ,I years,the use of hydraulic fracturing for gas Aquifers ."*`.' - ES extraction has increased and has expanded over a t7p'''.Y Shale Fractures ',: > i I wider diversity of geographic regions and geologic ��._ formations. It is projected that shale gas will110 II comprise over 20%of the total U.S.gas supply by 2020. Given this expansion and increasing concerns,*IR �■ EPA announced in March 2010 that it will study the �lI if 111 potential adverse impact that hydraulic fracturing may have on drinking water. di EPA has sought advice regarding the potential scope of the study plan from EPA's Science Advisory Board . fp (SAB) Environmental Engineering Committee,an independent,external federal advisory committee. Fracture Stages fir The SAB's input will help ensure that a sound scientific approach is used to develop the study plan. Hydraulic fracturing involves the pressurized di During this summer, EPA will conduct a series of injection of fluids commonly made up of water and meetings to receive broad,balanced input on the chemical additives into a geologic formation. The tr pressure exceeds the rock strength and the fluid study plan from stakeholders in key regions affected opens or enlarges fractures in the rock.As the di by hydraulic fracturing. formation is fractured,a"propping agent,,.such as ' EPA will use the results from the study to help sand or ceramic beads, is pumped into the fractures .. to keep them from closing as the pumping pressure 'lib evaluate potential risks associated with hydraulic is released. The fracturing fluids(water and fracturing in an effort to protect America's chemical additives)are then returned back to the op communities and resources. surface. Natural gas will flow from pores and i11 fractures in the rock into the well for subsequent What is Hydraulic Fracturing? extraction. flP Hydraulic fracturing is a well stimulation processII Wells used for hydraulic fracturing are drilled used to maximize the extraction of underground resources—oil,natural gas and geothermal energy. vertically,vertically and horizontally,or directionally r The hydraulic fracturing process includes the (Figure 1 depicts vertical and horizontal drilling). x Wells may extend to depths greater than 8000 feet acquisition of source water,well construction,well or less than 1000 feet,and horizontal sections of a stimulation,and waste disposal. well may extend several thousands of feet away Bo P from the production pad on the surface. li / U.S.Environmental Protection Agency 1: tibly 1 Office of Research and Development What is the Connection Between Water and well as a way of conserving water and recycling the Hydraulic Fracturing? fluids. Water is needed during the process,and it is a central component of the waste products. Potential Public concerns have focused recently on the impacts to drinking water supplies have been impacts of the hydraulic fracturing process used suggested from many recent reports. during natural gas production from shale and coalbed methane formations. 44, Fracturing fluids can be up to 99%water. The volume of water needed for hydraulic fracturing Potential risks to surface and underground sources varies by site and type of formation. Fifty thousand of drinking water might occur at various points in the to 350,000 gallons of water may be required to hydraulic fracturing process. The likelihood of those fracture one well in a coalbed formation while two risks causing drinking water contamination will be to five million gallons of water may be necessary to evaluated during the EPA hydraulic fracturing study. fracture one horizontal well in a shale formation. Contaminants of concern to drinking water include Water used for fracturing fluids is acquired from fracturing fluid chemicals and degradation products surface water or groundwater in the local area. and naturally occurring materials in the geologic formation (e.g. metals, radionuclides)that are Wastewaters from the hydraulic fracturing process mobilized and brought to the surface during the may be disposed in several ways. For example,the hydraulic fracturing process. flowback water following fracturing may be returned underground using a permitted underground REFERENCES: injection well,discharged to surface waters after http://www.epa.gov/ogwdw000/uic/wells_hydrofrac.html treatment to remove contaminants,or applied to http://www.epa.gov/safewater/uic/wells_coalbedmethanestudy.html land surfaces. Not all fracturing fluids injected into ON 41.„ the geologic formation during hydraulic fracturing EPA is interested in receiving comments on the proposed are recovered. Estimates of the fluids recovered hydraulic fracturing research study.Please submit your range from 15-80%of the volume injected comments to EPA at hydraulic.fracturing@epa.gov,or depending on the site. Some companies reuse send written comments to Jill Dean, 1200 Pennsylvania flowback to hydraulically fracture more than one Ave.NW, Mail code 4606M,Washington,DC 20460. dB att di U.S.Environmental Protection Agency EPA/600/F-10/002 June 2010 2 Office of Research and Development lillo rr r , • Rad TOW n USP -110 Radioactive Waste from Oil and Gas Drilling vpo The oil and gas industry provides three-fifths of the energy for the United States. Every time we drive in a car, turn on a light bulb,or cook on a stove we are using the fossils of plants and animals as fuel. •w Even though we use oil and gas on a daily basis,most people know little about the extraction process,which takes oil and gas from the ground and provides us with material to produce energy,but may also leave behind waste containing concentrations of naturally-occurring radioactive material. Many people do not know about the radioactive waste generated by this process.Not all wells or sites may have associated radioactive wastes, and not all of the radioactivity in the wastes may be considered harmful,but some areas of the country are more likely to have this problem than others(upper Midwest,or Gulf Coast states for instance). Workers are the people most likely to be exposed to this source of radiation,but production sites can also pose a potential 4.0 hazard to members of the public. Most states and federal land management agencies have regulations which control the handling and disposal of radionuclides which may be present in produced water,drilling mud,or can concentrate in pipes,storage tanks,or other extraction equipment.The contamination may be present in mineral scale,sludges,slimes,or evaporation ponds or pits. Production sites which were developed prior to the mid-1970s may not have properly disposed of wastes that potentially contain this source of radioactivity.Building on this land,making this land accessible to the public and re-using contaminated equipment in construction are ways the public can be exposed to radiation from the drilling process. ft low There are two categories of radioactive material that workers and the public need to be concerned about: • Naturally-occurring radioactive material(NORM)that are released into the atmosphere and deposited IN on the ground through the drilling process,and • Technologically-enhanced naturally-occurring radioactive material(TENORM),which is radionuclides that have been concentrated by the extraction and production process,such as mineral scales and sludge waste buildup in oil and gas extraction equipment. The radiation comes from naturally-occurring radioactive material(NORM)in the underground rock and sediment. When companies drill for gas or oil,the produced fluids,including water,may contain radionuclides,primarily radium-226,radium-228,and radon.The radon gas may be released to the atmosphere,while the produced water and mud containing radium are placed in ponds or pits for evaporation, moo re-use,or recovery. The radium brought up during drilling can also decay to radon gas,which a worker can inhale and can raise the risk of lung cancer. Radium-226 emits gamma radiation and the lead emits low-level energy gamma radiation and beta particles. Gamma radiation can also penetrate the skin and raise the riskcancer. Followingsafety of worker guidance will reduce total on-site radiation exposure. Who is protecting you jm U.S. Environmental Protection Agency (EPA) EPA is responsible for setting federal radiation standards for exposure to NORM and TENORM. Sri►' United States Environmental Protection Agency I Office of Radiation and Indoor Air(6608J) I EPA 402-F-06-038 I April 2006 www epa gov/radtown/drilling-waste html RadTown USA EPA develops standards for the oil and gas extraction and production industry under the Clean Air Act (CAA),Clean Water Act(CWA),Safe Drinking Water Act(SDWA),Resource Conservation and Recovery Act(RCRA)and the Comprehensive Environmental Response,Compensation,and Liability Act(CERCLA). • The States Each state has one or more programs that address both NORM and TENORM.Some state have established or got set limits to control to TENORM.These limits apply to the oil and gas drilling industry. Most states also control public exposure to radioactive through programs implementing the federal Clean Air Act,Clean Water Act and other environmental laws authorized by the U.S. Environmental Protection Agency. U.S. Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) DOL's Occupational Health and Safety Administration(OSHA)establishes health and safety regulations for the Oil and Gas Extraction,Production and Servicing Industry. OSHA also issues hazardous information bulletins to inform staff and the public of significant occupational safety and health issues including radiation tart hazard recognition,evaluation,and control in the workplace. U.S. Department of Energy (DOE) DOE provides grants for research on the use and disposal of radioactive materials related to the development 1111 of energy sources. �► What can you do to protect yourself Government organizations continue to address potential threats from oil and gas drilling and production for the public health and safety but you can take actions as well for your own health and safety. Workers in the industry have the potential for overexposure to radioactive material and must stay up-to-date on federal,state and industry health and safety guidelines. Following these procedures will reduce total on-site 1,01 exposure. Workers also need to take precautions to avoid bringing radioactive material residue on their clothes and shoes home to their families and neighborhoods. • Remove potentially contaminated clothes and shoes before returning to the family car and to your home or office. aid • Do not bring home discarded equipment or material used at sites such as pipes,devices,bricks rocks, and water or re-use these materials as containers or as building materials. 4 Members of the public should contact their local state geological survey or bureau of health to determine if there is a likelihood of NORM and TENORM occurrence associated with oil and gas production in their state, or area where they live. Until then: aril • Limit exposures and disturbance of the production site and any abandoned equipment. • Do not handle,dispose or re-use abandoned equipment used at drilling sites. art Resources You can explore this radiation source further through the resources at the following URL: Igo http://www.epa.goviradtown!drilling waste.htmltresources We provide these resources on-line rather than here so we can keep the links up-to-date. ile United States Environmental Protection Agency I Office of Radiation and Indoor Air(6608J) I EPA 402-F-06-038 I April 2006 www.epa gov/radtown/drilling-waste.html 11/09/2010: Eight of Nine U.S. Companies Agree to Work with EPA Regarding Chemica... Page 2 of 3 S Eight of Nine U.S. Companies Agree to Work .0, L. with EPA Regarding Chemicals Used in Natural Gas Extraction / EPA conducting congressionally mandated study to examine the impact of the hydraulic fracturing process on drinking water quality; Halliburton subpoenaed after failing to meet EPA's voluntary requests for information ea Release date: 11/09/2010 id Contact Information: Jalil Isa (Media Inquiries only), isa.jalil@epa.gov, 202-564-3226, 202-564-4355 WASHINGTON—The U.S. Environmental Protection Agency(EPA)today announced that eight out of the nine hydraulic fracturing companies that received voluntary information requests in September have agreed to submit timely and complete information to help the agency conduct its study on hydraulic fracturing. However,the ninth company, Halliburton, has failed to provide EPA the information necessary to move forward with this important study. wa As a result, and as part of the agency's effort to move forward as quickly as possible,today EPA issued a subpoena to the company requiring submission of the requested information that has yet to be provided. EPA's congressionally mandated hydraulic fracturing study will look at the potential adverse impact of the practice on rrr drinking water and public health.The agency is under a tight deadline to provide initial results by the end of 2012 and the thoroughness of the study depends on timely access to detailed information about the methods used for fracturing. EPA announced in March that it would conduct this study and solicit input from the public through a series of public S meetings in major oil and gas production regions.The agency has completed the public meetings and thousands of Americans from across the country shared their views on the study and expressed full support for this effort. On September 9, EPA reached out to nine leading national and regional hydraulic fracturing service providers—BJ di Services,Complete Production Services, Halliburton, Key Energy Services, Patterson-UTI, RPC, Inc., Schlumberger, Superior Well Services,and Weatherford—seeking information on the chemical composition of fluids used in the hydraulic fracturing process,data on the impacts of the chemicals on human health and the environment,standard i operating procedures at their hydraulic fracturing sites and the locations of sites where fracturing has been conducted. Except for Halliburton,the companies have either fully complied with the September 9 request or made unconditional commitments to provide all the information on an expeditious schedule. More information on the subpoena and mandatory request for information on Halliburton's hydraulic fracturing operations: http://www.epa.clov/hydraulicfracturinq ea Receive our News Releases Automatically by Email S Ck Search This Collection Search All Collections •4 err! LJ Get email when we issue news releases it +• http://yosemite.epa.gov/opa/admpress.nsf/dOcf6618525a9efb85257359003fb69d/a9649644... 12/7/2010 r , f �00, �4,,A STgrcP IWI K UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 4 WASHINGTON, D.C. 20460 mow y.4 PRO-FC'� OFF ICE or WAIEH CERTIFIED MAIL RETURN RECEIPT REQUESTED tr Mr. David J. Lesar Chairman and Chief Executive Officer Halliburton 3000 North Sam Houston Parkway East Houston,'Texas 77032 11, Re: Subpoena and Information Request Pursuant to the Toxic Substances Control Act, Clean Water Act,and Resource Conservation and Recovery Act Dear Mr. Lesar: F i Enclosed is a subpoena and mandatory request for information on your company's tells" hydraulic fracturing operations, with a deadline for response of December I, 2010. The U.S. Environmental Protection Agency ("EPA") is compelled to take this step because repeated discussions with your company have failed to provide assurance that Halliburton will submit timely or complete information on a voluntary basis that is fundamental to the agency's Congressionally-mandated study to determine the impacts of fracturing operations on safe drinking water supplies. Data from your company and others are essential to reach informed, science- based judgments about these impacts. We need the data promptly so that,combined with other information we intend to collect, EPA has a sound foundation for initiating research in the first part of 2011 and providing preliminary results by the close of 2012. EPA will also be considering the information for possible guidance assessment and rulemaking under various authorities. By letter dated September 9, the agency requested voluntary submissions from Halliburton and eight other fracturing companies. The letter asked the companies to commit to provide all the requested information within 5 days and to fully comply with the requests within 30 days. We offered to meet with companies to discuss the scope of the request and reasonable extensions of time. As a result of these discussions, we have reached understandings with all companies except Halliburton on the terms and timing of F information submission. A number of companies have provided all the requested I inter:letAddress(l1NL)• Iitt):.www.epa_yuv Recycled/Recyclable•Printml w 1h Vegetable Oil Hosed Inks on 100',,Post^onsumer Princess Chlorine F ree Pecycted Paper gro information. The remainder made unconditional commitments to complete production 6 later in November or, at the latest, early December. To date, Halliburton has only provided copies of material safety data sheets for fracturing products in response to EPA question 1 and additional information about the health and environmental impacts of these products in response to EPA question 2. On October 29,2010, EPA staff contacted the company to request that it commit in writing to provide the remaining materials by November 15. The company's response, dated October 29, 2010, states only that it will use its"hest efforts"and "endeavor to complete its response"by the end of January 2011. The company cites the burdens of complying but adopts an unreasonable interpretation of EPA's request at odds with guidance rP provided by EPA at an October 8 meeting and confirmed in writing by the company in its October 12,2010 letter. EPA believes that Hallihuirton's response is inadequate and inconsistent with the l cooperation shown to date by the other eight companies. Since Halliburton appears not to be committed to providing all the requested information on an expeditious schedule, EPA, therefore is ordering the submission of the information outlined in the enclosed Subpoena and Information Request,pursuant to the authorities cited therein. If you have questions about the enclosed request, please contact Carrie Wehling in the EPA's Office of General Counsel, at (202) 564-5492 or at wehling.carrie(repa.gov. Thank you for your cooperation in this matter. Sincerely yours, ter S. Silva Enclosure Cc: Bob Moran Paul Anastas Stephen A. Owens Mathy Stanislaus rt ST I N �, 2 r ‘F. "1 EARTHWORKS - Records Show Texas Takes No Action on 99%of Barnett Shale Comp... Page 1 of 2 r Ea ._ - ... -_ Search Ih ,i', i...i 1'�.�i,h al,rr \ht.tA( I :('1 tln,,., I'Inc .�u,,1'i,q t. as PRESS ROO\1 201(1 PRESS RELEASES ('OMMt.NIII 2010 Releases Records Show Texas Takes No Action on 99%of Barnett Shale Complaints VOICES @S u 1.1} le Sansu,Ghana 11.2 i State Officials Snub Angry Residents'Town Hall Meeting "AGC has the power to (I ono destroy my livelihood and +i2.t9 DISH,Texas,Oct. 11--State inspectors cited no violations in response to almost 99 percent of citizen also shoot me without any provocation." PP nz.z t complaints about natural gas drilling and hydrofracking operations in the Barnett Shale region in the ,i;04 first seven months of 2010,according to documents obtained through the Texas Public Information 11111 41)1 Act. Itx Texas Commission on Environmental Quality(TCEQ)records show 256 complaints--more than one a "1 11 t` day--about odor and health effects from January 1 to July 23 in Tarrant,Denton,Wise and other 0a.11d 1 counties in the Barnett Shale formation.Yet only three violations were found,all at the same site in 04,14 Wise County. itsli t ,1:,i,i, Further details of the documents obtained by EARTHWORKS'Texas Oil&Gas Accountability Project y ;it_ will be released Wednesday,Oct.13 at a town hall meeting in Dish,Denton County.The meeting is at lia 05,111 7 p.m.at the Dish Town Hall,5413 Tim Donald Road. 115,14 The meetingwas called to discuss TCEQ's complaint response Q' p p system,seven months after it was iif.2'{ instituted in response to a community health survey that found hundreds of residents are suffering +16.04 from headaches,nausea,breathing problems and other symptoms associated with exposure to the Ilk 06.22 chemicals used in drilling and fracking.Wilma Subra,a Louisiana chemist and recipient of a MacArthur zy "genius"award,will discuss her analysis of the TCEQ documents. 71 To ,,i, TCEQ will be notably absent. i i{ Executive Director Mark Vickerey was repeatedly asked to attend or to send a representative to hear 7. 0.211f`' residents'concerns.He declined,even though the agency is holding its own"open house"in Arlington 07.10 --43 miles away--on Sunday,Oct.16,to show off the equipment it is using to monitor the air in the ill 0-.27 Barnett Shale Region.There'll be an empty chair at the town hall meeting in case anyone from TCEQ iii 117,311 shows up--and to remind residents of the agency s lack of response to complaints. 02418 y 1i1 "I'm not sure what good the equipment does when their response to a complaint from a real person is 7.1 to take no action,"says Sharon Wilson of the Texas Oil&Gas Accountability Project."Not showing up �'16 to the meeting is in keeping with their lack of response to the problems we have documented." el Iu.w. Hui One of the complaints received by TCEQ reads:"The odor was so strong my 7-year old was vomiting." iii.i x Another says:"We were surrounded by horrible odors that caused headaches and heart palpitations. IIP 111.29 We had to leave home for the night."In both cases,the state's investigation found no violation. 1 i 1.u2 i l„,i "Such a small number of citations and violations when compared to the more than 250 complaints, 1 t 21 odor complaints and health impacts are unacceptable,"says Subra's analysis of the complaints."A mechanism needs to be devised to reduce and address the human health impacts associated with the IP i 1.J0 operations of the Barnett shale gas." t i.i(i.\1 S M 2000 Kek i'eti FOR:MORE: EN 2008 Relea,es fIT 200'Releases CONTACT: 2006 Releases a 2005 Releases Sharon Wilson,TX OGAP,(940)389-1622; 2(1114 Releases Wilma Subra:(337)367-2216 g* in l he Vvs a EARTHWORKS 1 1612 K St.,NW,Suite 808 I Washington,D.C.,USA 20006 11 k i 1t'1 1t 1\ 202.887.1872 1 info'teearthworksaction.org I Privacy Policy r til i'1'0lt I I 'Lk 1}1%'0Rk', a ('ANIP:NIG"S i. low 11 r II http://earthworksaction.org/PR TXOGAP TCEQsnub.cfin 12/7/2010 EARTHWORKS - US Probe Finds Halliburton Lies Contributed to BP Disaster-- Page 1 of 2 T Search 12101 : a .�, � I:MAT llwOEthti _ ).1„::. . .: z — _ x aa , ,r O `I,,rn It_..,I:., I,r I';lu,,,,, t'.,;.,nd{..I. I'I.. I`,.:,,;, I'.,u, I'.hh..,l,.,... .11,..;il I . I 51'11t M.,i 1'I,0 t...mr 1'1,0 I. al PRESS IWO\1 2010 PRESS RELEASES co\Ini1.:NI n 2010 Itelv3se. US Probe Finds Halliburton Lies Contributed to BP Disaster-- O1('ES To i'i.i i Custer National Forest, 111.21 Can We Trust Them on Fracking? MT 1111 (,2,;(1 "Rancher Not Informed 112,19 WASHINGTON,Oct.29--The presidential commission investigating the BP disaster says Halliburton about Mineral Leasing"is knew before the explosion its drillingcement was faultybut said nothingraisinggrave doubts about about what it n's story n�,2-1 P — about it means when 03.04 whether the company is being honest about the danger of hydraulic fracturing of natural gas wells. the federal government owns the minerals below nJ.111 private land-mainly,that Hydraulic fracturing,or fracking,is Halliburton's patented process for injecting huge volumes of surface owners have little or i1s'oa chemical-laced fluid into naturalgas wells to force deposits to the surface.In 2005,the drilli services Po n9 no input into the leasing °a-i3 l` company's lobbying opened the;1 Halliburton Loophole in the Safe Drinking Water Act,exempting process or decisions that will 111,11.0\ fracking from federal regulation. greatly affect their lives and a (a.i 1 livelihoods. 05,ii..i Gwen Lachelt,director of EARTHWORKS Oil&Gas Accountability Project,which is working in iic i(1, communities where hydraulic fracturing is suspected of contaminating groundwater or drinking water, M ;i1_ said the BP panel's revelation shows that Halliburton's assurances about fracking's safety cannot be trusted.Here is her statement: • ii5,1lI 115.14 Halliburton assured Congress and the EPA that fracking is safe,but that has not been 115,2.4 the experience of people who live near natural gas wells in Colorado,Wyoming,Texas, 116,1)4 Pennsylvania,New York and other states.Now the presidential commission has oe.-- confirmed that Halliburton puts its business interests ahead of public health and safety. 06,20 1 The Halliburton Loophole took away federal authority over fracking as asked the IIP American public to trust them with their drinking water and other resources.That trust is °'I Z obviously misplaced. u-.14 '.15,211111 That is why it is essential that Congress close this dangerous loophole by passing the 1)7.16 FRAC Act,which would restore the protections of the Safe Drinking Water Act to Vit o'„ fracking,which is used in 90 percent of all oil and natural gas wells in the nation.The `` 1-ail contamination of drinking water by fracking chemicals is a quiet disaster that's happening every day in dozens of American communities,and we can't wait until a big 08,18 disaster gets our attention to do something.The time to act is now. pa.o 1 ,1. u9.1r, --ENDS- - a1(1.05 10.11 FOR NIORE INFORMATION 1ois ift 1i,29 • Contact Gwen Lachelt,505 469 0380,gwen@earthworksaction.org 11.1( • Go to halliburton.earthworksaction.org 1L't 11.2b 1;{1 EARTHWORKS 11612 K St.,NW,Suite 808 I Washington,D.C.,USA 20006 202.887.1872(info@learthworksaction.org I Privacy Policy 11.311\\S a 21109 Releases 2008 RA-least, gt 2110'R1'Ieases 211116 Releases ill 211115 ltelease% 20114 Releases In I he\ees illi tri `.I Pt'(2 tt I I' kin I I N\O l l'." kis ( .k IPAIG'S t it' 1111W ili http://earthworksaction.org/PR_HalliburtonCementTrust.cfm 12/7/2010 '" EA,RTHWORKS - Groups Applaud New York State Assembly for Passing a *Timeout* ... Page 1 of 2 a . 1 CP Sear<h El f. \ 1,, .t i 1 11t'1i1()tth+� t "" r � " � ._it a r, � IP \limrt.'IZ:1'o!n in,I\Innnr 01-)thi(:,1, Pi:.,I'oom 1..13, I':hli .1 n.^;: \6:!a I i \P 1 lihl•',' 1'L1l c.and Pity. :. • PRESS IWON1 2(110 PRESS RELEASES ('OMIML.NIT\ 20111 Itelea.es Groups Applaud New York State Assembly for Passing a *Timeout*on VOICES IP 01.13 Fracking for Natural Gas "Sansu,Ghana (11.21 "AGC has the power to ili 02.10 destroy my livelihood and (ALBANY,NY) Environmental,good government,community and public health organizations also shoot me without any 112.19 applauded the State Assembly today for voting to protect New York's drinking water by passing provocation." 02.21 legislation that will enact a timeout on hydraulic fracturing for natural gas.By passing the bill,A. MI 1,j 1,4 11443B,sponsored by Assembly Member Robert Sweeney(D-Lindenhurst),the Assembly IS demonstrated that it recognizes the potential dangers of the environmentally dangerous practice of "4"i hydraulic fracturing,often called"fracking."In states such as Pennsylvania,Colorado and Wyoming "4°" gas development using(racking has contaminated drinking and groundwater sources. 04.131 c 04 13.t'k The bill would suspend the issuance of permits to hydraulically fracture wells in New York State until ai .14.1 a May 15,2011.In addition to providing the incoming governor and his administration an opportunity to ,1s,14 take a fresh look at the issues surrounding gas development,the suspension would also provide the o;u1 State Legislature with the chance to make necessary changes to New York's oil and gas permitting SP program. 0;.0? 11111 nc,10 "Decisions regarding the safety of our water and air shouldn't be made in haste,but should be the 1t5.14 result of careful study and deliberation,"said Assemblyman Robert K.Sweeney."Once the water has 05.2d been polluted it will be too late.This legislation will remove any'time pressure'and allow DEC to do its 411, (0, (4 job correctly." • 06.2: `s "Both houses of the legislature have now come together in a bipartisan effort to put the brakes on the push for massive new gas drilling operations across our state,"said Assemblymember Brian Kavanagh, 1PR a prime sponsor of the bill."We know that State and federal regulators are exploring whether drilling 17 I'_ with high-volume hydraulic fracturing can be done safely,and we look forward to the results of their 0'.1 4 reviews.But what we're saying with this bill is that the legislature has a role to play in determining 7.1;2nln what kind of drilling operations we're going to permit in New York.We need to considering the effect 07.16 this kind of large scale industrial activity can have on local communities,our watersheds,and the surrounding environment.We have to determine what could be done to regulate water drawn from 07'' natural sources,the drilling itself,and the use,storage,and disposal of huge amounts of highly toxic ii 1174i1 chemicals.This is an industry that has operated under extraordinary secrecy throughout the country. ns.i s Here in New York,we're determined to make our decisions thoughtfully,thoroughly,and in the light of ,,,,.I11 day--and to ensuring that we don't permit drilling processes here unless and until they can be proven V 09.11, safe for all New Yorkers." ill 10.oc 'The people of New York and the State Legislature have spoken loud and clear that we need more 11.11 time to assess the risks before starting a fracking free-for-all,"said actor Mark Ruffalo."It would be 10.1E unconscionable to allow a massive drilling operation to begin when we are still waiting for the real, 4�! itl.2 peer-reviewed science on this process.The legislature has taken the first step towards a sensible 11,112 policy on gas drilling.I look forward to Governor Paterson finishing the job by signing the moratorium a 11,04 into law." 11.26 "With this vote,the Assembly prevents New York from completing its hasty and ill-considered rush to IN 11.31< embrace the dirty,dangerous technique known as hydrofracking,which has done so much damage in t I'- "'` other states,"said Paul Gallay,Executive Director and Hudson Riverkeeper."Good for the Assembly; iii 21019 Release. good for the Senate,for passing this same bill earlier in the year;and,good for the thousands of New 2011N Rilea.,. Yorkers who said:'not here,not now.'This is their victory." IP 2097H Release. 200(,Release. "New York has shown the country that Americans have a right to stand up to big oil and gas dB 'ooc Rcicace. companies,"said Kate Sinding,Deputy Director of the New York Urban Program at the Natural Resources Defense Council.'This is the first time any state has ever taken this kind of action to 2004 Releases protect the health and safety of its residents from the consequences of gas drilling.It sends a IR In I he\ev s powerful message that New Yorkers don't want new(racking here unless the industry proves it can be done safely." iil I \kl. 1( I I()\ "Last night the State Assembly put New Yorkers ahead of the oil and gas industry by putting a timeout on permits to hydraulically fracture natural gas wells.Kudos to all of the brave lawmakers who took a "l l'1'(OR I stand to protect New York's precious waters,"said Katherine Nadeau,Water&Natural Resources I \it 11111 OR k' Program Director,Environmental Advocates of New York."We call on Governor Paterson to sign the a timeout into law without delay." ('.N.11PAIGNS "New Yorkers who value health and clean air and water spoke,and to its credit much of the Assembly mA 1� listened,"says Nadia Steinzor,Marcellus Regional Organizer for EARTHWORKS Oil&Gas Accountability ity lib Project."We look forward to Governor Paterson signing the bill into law,and then to helping advance 1. http://earthworksaction.org/PR NYSassemblyMoratorium.cfn 12/7/2010 4. EARTHWORKS - Groups Applaud New York State Assembly for Passing a *Timeout* ... Page 2 of 2 a . - 44, strong protections so that unsafe drilling doesn't happen." .; J "We applaud the Assembly and Senate for advancing this important moratorium on hydraulic I V "- fracturing for Natural Gas,which will ensure we have more time to develop meaningful protections for t , our birds,other wildlife and their habitats from this dangerous form of drilling,"said Albert E.Caccese, �� Executive Director of Audubon New York."We urge the Governor to do what's right,sign this bill into law,and give our Agencies,and the Legislature time to advance regulations and legislation to regulate water withdrawals,protect our unfragmented forests,and truly assess the cumulative impacts this expanded drilling will have across the state." Igla '° "It is encouraging to see lawmakers requiring policy makers to take more time to evaluate the use of ii hydrofracking for natural gas in New York State,resisting the pressure from the oil and gas industry to hurry through permissive regulations,"said Susan Lerner,Executive Director of Common Cause/NY. "New Yorkers are grateful to see the Assembly join the Senate in making the important decision to balance economic interests with environmental concerns." I "National Wildlife Federation congratulates the New York Assembly on acting to protect New York's people,water,and wildlife.We urge New York to continue to be a leader in protecting its precious ( No Dirty') natural resources from the dangers of hydraulic fracturing,"said Emily Maxwell,Northeast Regional E,wrgy ,? Representative,National Wildlife Federation. • "The Assembly's vote last night was a declaration that drilling in New York,as it is currently practiced, is not safe,"said Roger Downs Conservation Program Manager for the Sierra Club Atlantic Chapter. "We applaud the Assembly for their leadership on hydrofracking and know that through their efforts If vis Too sixs• the next six months of this moratorium will be a time of action,not complacency." Ill -41 "Last night the NYS Assembly took an important step to protect clean air,land,water and the health of New Yorkers,"said Sarah Eckel,Legislative Director,Citizens Campaign for the Environment."We want to thank Speaker Silver,Assembly members Sweeney,Englebright and Lifton for their work on RECYCLE this important bill." 1111 ',I ,.i1,i PH:',t "Last night,the New York State Assembly gave us yet another reason to be proud to live in the Empire State,"said Earthjustice attorney Deborah Goldberg."Our state leaders have wisely recognized that !fo protecting our air,water,and health should trump the frenzied pursuit of profits.""We commend the Assembly for standing up to the oil and gas industry and putting the lives of New Yorkers first,"said • Susan Zimet,Director of Frack Action."New York State has emerged as a national leader in the MINN MRS movement to reign in this dangerous and destructive practice.In two hours of debate last night, CAMPRFlll Accrmbly members showed that they understand this issue through and through,and have no intention of auctioning off our health and safety to corporate special interests." MI The State Senate recognized the potential dangers of fracking by passing the measure by a wide margin earlier this year.In an interview with WAMC Public Radio last week,Governor David Paterson ..SNY�..... _' ' said that New York State should put public safety and water quality concerns ahead of the potential profits to be made by natural gas exploration. Bristol B a la Ty New York is a battleground in the national debate about natural gas drilling and fracking,an environmentally dangerous technique for extracting gas from underground shale deposits.Drilling- related accidents across the country have contaminated drinking water,created air quality hazards and violations,and polluted streams. The groups calling on the Assembly to pass the timeout for fracking include Audubon New York, AFh 11.I ATES Citizens Campaign for the Environment,Catskill Mountainkeeper,Common Cause/NY,Delaware Riverkeeper Network,EARTHWORKS Oil&Gas Accountability Project,Earthjustice,Environmental Alaskans for Advocates of New York,Frack Action,Hudson Riverkeeper,National Wildlife Federation,Natural Responsible Mining Resources Defense Council,Sierra Club-Atlantic Chapter,and Theodore Gordon Flyfishers,Inc. E_tfrcat --ENDS-- M,l,ilr,milkr> 0 ' FOR MORE: INFORMATION Ethical Metalsmiths fiffi Q> • Erica Ringewald,Environmental Advocates of New York(518)210-9903 or \�j/ • eringewald@eany.org Great Basin ail Resource Watch • Danielle Nordin,Environmental Advocates of New York(518)462-5526 x 239 • Kate Slusark,NRDC,(212)727-4592 or kslusark@nrdc.org PAR I'NFRS • Nadia Steinzor,EARTHWORKS(315)677-4111 or ntteinzor@earthworksaction.org • Sarah Eckel,Citizens Campaign for the Environment(202)486-9007 or a 11 ,.Fit seckel@citizenscampaign.org 1'I .( • Deborah Goldberg,Earthjustice,(212)791-1881,ext.227 Bikes for the World • Tina Posterli,Hudson Riverkeeper(914)478-4501 ext.239 r Cs',' Center for Science in Public EARTHWORKS 11612 K St.,NW,Suite 808 I Washington,D.C.,USA 20006 r Participation 202.887.1872 I info@earthworksaction.org I Privacy Policy Vaw SkyTruth • http://earthworksaction.org/PR NYSassemblyMoratorium.cfm 12/7/2010 «Title» «First_Name»«Last_Name» «Company_Name» «Address_Line_1» P «Address_Line_2» «City», «State» «ZIP_Code» Dear«Title»«Last Name»: a I am requesting your cooperation in a scientific study the U.S. Environmental Protection Agency is conducting to gather information about the hydraulic fracturing process for natural-gas production and to assess its potential impacts on drinking-water quality and public health. Congress has asked the EPA to conduct this study to address concerns that hydraulic fracturing may be affecting the safety of drinking water. In numerous U.S. communities where fracturing is under way,citizens are voicing serious concerns. The EPA is holding four major public meetings, and thousands of Americans throughout the nation are sharing their views on the study and expressing full support for this effort. " Natural gas is a key part of our nation's energy future. My request is part of an effort to ensure that the innovative development of domestic sources of energy proceeds in a way that protects our environment and our health. The EPA's study will proceed through a transparent, peer-reviewed process with significant stakeholder input. We are committed to using the best available science. We already have conducted extensive outreach and look forward to the continuing participation of industry, independent experts and the public. The thoroughness of our study depends on timely access to detailed information about the methods used for fracturing. Much of this information is uniquely in the possession of companies performing fracturing operations. As Administrator of the EPA, I ask that you assist our scientists by providing information on several topics, including the chemical composition of fluids, standard operating procedures and the sites at which you engage in hydraulic fracturing. If you have any questions,please have your staff contact Fred Hauchman or Jeanne Briskin in the EPA's Office of Research and Development at(202) 564-6705 or at hauchman.fred@epa.gov and briskin.jeanne@epa.gov. 1111 f 1 1 • it We would appreciate your cooperation in this study. Please see the enclosure for our information request and more details. tr Sincerely, If Lisa P. Jackson 000 Enclosure cc: «CC name» • «cc title» !r ENCLOSURE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY INFORMATION REQUEST The U.S. Environmental Protection Agency("EPA"or"Agency")is conducting a scientific study to investigate the potential impact that hydraulic fracturing may have on drinking water quality and public health. Iliw EPA is undertaking the hydraulic fracturing study at the request of the U. S.Congress, specifically the Appropriations Conference Committee of the House of Representatives. In its Fiscal Year 2010 budget report,the Committee asked EPA to carry out a study on the"relationship between hydraulic fracturing and drinking water,using a credible approach that relies on the best available science,as well as independent sources of information." EPA requests your cooperation in providing information to support the study. a To help EPA evaluate the potential impact of hydraulic fracturing on drinking water quality and public health,EPA requests that you provide full and complete information in response to the questions set forth in this enclosure. Using your response,we will be identifying follow-up information that you or other companies in the industry should be able to provide to further support our study. Please provide the information within thirty(30)days of receipt of this request. wit All submissions should be addressed to: Rebecca Foster USEPA/ORD/NRMRL/GWERD P.O. Box 1198 (mailing address) 919 Kerr Research Dr. (delivery address) Ada,OK 74820 580-436-8750 2 IV „, Additionally,EPA requests that within seven(7)days of receipt of this request,you provide notice as to whether or not you will submit all of the information requested. Please notify Jeanne Briskin regarding your decision about whether or not you will submit all of the information requested at briskin jeanne(2 epa.gov. Data provided in response to this request may be claimed as Confidential Business Information (CBI)and will be handled in accordance with EPA confidentiality regulations at 40 CFR Part 2,Subpart B. All responses which contain information claimed as CBI must be clearly marked as such. Persons submitting information,any portion of which they believe is entitled to treatment as CBI by EPA,must assert a business confidentiality claim in accordance with 40 CFR 2.203(b) for each such portion. This claim must be made at the time that the information is submitted to EPA. If a submitter does not assert a confidentiality claim at the time of submission,EPA will consider this as a waiver of any confidentiality claim and the information may be made available to the public by EPA without further notice to the VA submitter. EPA is requesting that you provide this information voluntarily;however,to the extent that EPA does not receive sufficient data in response to this letter,EPA will be exploring legal alternatives to iwto compel submission of the needed information. Since EPA will be considering using its legal authorities to require submission if necessary,the standard for any determination of eligibility for confidential treatment will be that which applies to information that has been submitted pursuant to a requirement by EPA. By submitting information in response to this letter,you are agreeing to this standard. Please read this enclosure carefully and follow the directions provided. Your response is requested within thirty(30)days of receipt of this letter. Directions for properly submitting information responsive to this request and for claiming CBI are included in the enclosure. Depending on the • information you may provide in response to this request,EPA may follow up with a request for your voluntary submittal of additional information. The information requested herein is separate from information requests that have been issued by the U.S. House of Representatives Committee on Energy and Commerce in furtherance of the Committee's investigation into the potential impacts of hydraulic fracturing. EPA asks that you submit the information requested,even if the identical information was,or will be,provided to the Committee in furtherance of its investigation. fir EPA requests that the information you submit be verified by,and submitted under an authorized signature by,a responsible corporate officer,' with the following certification: I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I certify that the information l� submitted is, to the best of my knowledge and belief, true, accurate, and !1® 1 The term"responsible corporate officer,”as used herein,means a president,secretary,treasurer,or vice- president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision-making functions for the corporation. 3 OP ,. complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing • violations. °oi' As referenced above,requests for confidential treatment of documents must be made when information or access to records is provided and in accordance with the instructions provided below. INSTRUCTIONS tie EPA requests that you follow the instructions below in developing and submitting responses to this information request: 1i A. Respond to Each Request Completely. Each request is numbered and may contain subparts identified by lowercase letters. A separate response should be made to each request and subpart. Provide a separate narrative response to each request and subpart and clearly identify your responses with the number,subpart,and text of the request to which it corresponds. Each question posed should be answered. If the appropriate response is"none"or"not applicable,"that information should be so stated. You should +i also submit any documents you relied on in preparing your response. 411 B. Source(s)of Response. Include with each narrative response,the name,position,and title of each person(s)who provided information responsive to the request. C. Electronic Submittal. You should submit your responses as one or more electronic files on a CD or similar media storage device in a form that allows EPA to readily retrieve and utilize the information using commercially available software. To that end,EPA requests that your responses be provided on the CD enclosed with this request and that you use the Excel spreadsheet format contained on the CD. Your electronic files should be accompanied by a letter that identifies the file software and version,file name(s),size(s), date(s),and time(s)of creation. Your electronic files should include any documents you relied on in preparing your responses. D. Submitting Maps. When submitting maps,identify the scale of the map,the map title and an explanation of what the map depicts. When identifying features on the map,either label the feature at its location on the map or include in the map's legend the symbol used W� for identifying the feature. E. Submission of Documents. Label each document submitted with the request number and subpart(if applicable)to which it corresponds. Date stamp each document you submit. di If anything is deleted from a document produced in response to this request,state the reason for and the subject matter of the deletion. F. Documents Responsive to More than One Request. If a document you submit is responsive to more than one request,please provide one copy of the document and identify all the requests,by number and subpart,to which it corresponds. r G. Do Not Substitute Derivative or Summary Documents. Where a document is requested, please provide the responsive document. You may,if you wish,provide additional or explanatory documents to accompany the responsive document(s). • 4 rr Till VP IPrVP H. Provide the Best Information Available. Unless otherwise specified,we are not requesting that you create new data or information. However,you should provide responses to the best of your ability,even if the information sought was never put down in writing or if the written documents are no longer available. You should seek responsive information from current and former employees and/or agents. If you cannot provide a precise answer to any questions,please approximate and state the reason for your inability to be specific. I. Unavailability of Records. If you are unable to respond to a request in a detailed and complete manner,or if you are unable to provide any of the information requested, indicate the reason for your inability to do so. If a record(s)responsive to a request is not " in your possession,custody,or control and you have reason to believe that another person rill may be able to provide it,state the reasons for your belief and provide the person's name, address,telephone number,and any information available(i.e.,author,date,or subject matter)about the record(s). J. Documents That Have Been Transferred. If any records responsive to a request have been transferred or otherwise disposed of,identify the document,identify the person to whom it was transferred,describe the circumstances surrounding such transfer or other disposition,and state the date or approximate date of such transfer or other disposition. 410, K. Provide and/or Correct Information on a Continuing Basis. If any records responsive to a request are not known or are not available to you at the time you submitted your response,but later become known or available to you,you should submit the new information as a supplement to your response. If at any time after submission of your response you learn that any portion is or becomes false,incomplete, or misrepresents the I' %Lr facts,you should notify EPA of this fact as soon as possible and provide a corrected response. If any part of the response to this information request is found to be false,the signatory to the response and the company may be subject to criminal prosecution. fli L. Identify Personal Privacy Information. Personnel and medical files,and similar files,the disclosure of which to the general public may constitute an invasion of privacy,should be segregated from your responses,included on separate sheet(s),and marked as"Personal Privacy Information." You should note,however,that unless prohibited by law,EPA may disclose this information to the general public without further notice to you. M. Indicate Objections to Requests. While you may indicate that you object to certain requests contained in this information request,EPA requests that you provide responsive tiP information notwithstanding those objections. N. Claims of Privilege. If you claim that an entire document responsive to this information request is a communication for which you assert that a privilege exists,identify the document and provide the basis for asserting the privilege. For any document for which you assert that a privilege exists for a portion of it,provide the portion of the document for which you are not asserting a privilege; identify the portion of the document for which you are asserting the privilege; and provide the basis for such an assertion. Please ilr note that regardless of the assertion of any privilege,any facts contained in the document which are responsive to this information request should be disclosed in your response. fr O. Confidential Business Information. You should provide the information requested even lib though you consider it confidential information or trade secrets. You may assert a r 5 r business confidentiality claim for part or all of the information requested,as described below and set forth in 40 C.F.R. Part 2,Subpart B. Information covered by such a claim will be disclosed by EPA only to the extent and only by the procedures set forth in 40 C.F.R. Part 2,Subpart B. If no confidentiality claim accompanies the information when EPA receives it,the information may be made available to the public by EPA without further notice to you. If you wish EPA to treat any information or response as"confidential,"you must advise EPA and comply with the following procedures. Place on or attach to the information at the time it is submitted to EPA a cover sheet,stamped or typed legend,or other suitable form of notice employing such language as trade secret,proprietary, or company confidential. You must clearly identify allegedly confidential portions of otherwise non-confidential documents,and you may want to submit these separately to facilitate identification and handling by EPA. EPA will ask you to substantiate each claim of confidential business information by separate letter in accordance with applicable EPA regulations,40 C.F.R. Part 2, Subpart B. a iyr ice, glf • Ili Ali r ter ilir 6 is a WIC DEFINITIONS a Please use the following definitions for purposes of responding to the questions set forth below: Except as otherwise defined below,terms in this information request have the same definition used in the CWA,33 U.S.C. §§ 1251 through 1387,RCRA,42 U.S.C. §§ 6901 through 6992k,and TSCA, 15 U.S.C. §§ 2601 through 2695d,and the regulations promulgated thereunder. A. The terms"and"and"or"shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this information request any information which might otherwise be construed to be outside its scope. ,44 B. The term"any,"as in"any documents,"for example,shall mean"any and all." a C. The term"Company"shall mean the entity identified as the addressee on the cover letter ;7, to this information request and all related and affiliated corporate entities(including,but not limited to,parent corporations,subsidiaries,joint ventures,partnerships,and 'i affiliates)that perform hydraulic fracturing services. D. The term"correspondence"or"communications"includes,but is not limited to,all oral, written,telephonic,facsimile,and electronic correspondence and/or communications. E. The term"describe"means to detail,depict,or give an account of the requested di Imp information,or to report the content of any oral and/or written correspondence, communication,or conversation,or to report the contents of any document, including the title,the author,the position or title of the author,the addressee,the position or title of the addressee,indicated or blind copies,date,subject matter,number of pages, attachment or appendices,and all persons to whom the document was distributed, shown, or explained. ift F. The terms"document"and"documents"shall mean any information subject to any method of recording,storage,or transmittal,and shall include any information now or formerly in your possession,custody or control,or now or formerly in the possession, custody or control of any agent acting on your behalf. "Document"shall include,but not be limited to: 1. Writings of any kind, formal or informal,whether or not wholly or partially in a handwriting,typed form,or printed form, including drafts,originals,and nonconforming copies that contain deletions,insertions,handwritten notes or comments,and including (by way of illustration and not by way of limitation)any of the following: a a. invoices,receipts,endorsements,checks,bank drafts,canceled checks, deposit slips,withdrawal slips,orders; b. letters,correspondences,faxes,telegrams,telexes,electronic a communications including,but not limited to,e-mails and other correspondence using computers or other electronic communication devices; r. 7 (1r c. minutes,memoranda of meetings and telephone and other conversations, telephone messages; d. agreements,contracts,and the like; e. log books,diaries,calendars,desk pads,journals; f. bulletins,circulars,forms,pamphlets,statements; g. reports,notice,analysis,notebook; h. graphs,charts;or i. records,pamphlets,surveys,manuals,statistical compilations,pictures. 2. Microfilm or other film record,photograph,or sound recording on any type of device. 3. Any tape,disc,or other type of memory generally associated with computers and data 11 processing,together with: a. the programming instructions and other written material necessary to use 1 such disc,disc pack,tape,or other type of memory;and b. printouts of such disc,disc pack,tape,or other type of memory. 4. Attachments to or enclosures with any document. G. The term"flowback"as used in this information request refers to the water mixture produced when the hydraulic fracturing procedure is completed and pressure is released, and the direction of fluid flow reverses. The well is"cleaned up"by allowing water and excess proppant to flow up through the wellbore to the surface. Both the process and the returned water are commonly referred to as"flowback"and the term is used in both ways herein. H. The term"identify"or"provide the identity of'means,with respect to a person to set forth: (a)the person's full name,(b)present or last known business and home addresses and telephone numbers;(c)present or last known employer(including the full name and address),with job title,and position or business; I. The term"identify"or"provide the identity of'means,with respect to a corporation, partnership,business trust,government office or division,or other entity(including a sole proprietorship),to set forth: (a)its full name;(b)complete street address; (c)legal form (e.g. corporation,partnership);(d)the state under whose laws the entity was organized; and(e)a brief description of its business. tr J. The term"identify"or"provide the identity of'means,with respect to a document,to provide: (a)its customary business description(e.g.,letter,invoice);(b)its date; (c)its number if any(e.g.,invoice or purchase order number);(d)the identity of the author(s), the address,and the addressee(s)and/or recipient(s);(e)and a summary of the substance or the subject matter. K. The term"person"means an individual,trust,firm,joint stock company,corporation (including a government corporation),limited liability company,partnership,association, State,municipality,commission,political subdivision of a State,or an interstate body. 8 L. The term"produced water"as used in this information request refers to the water mixture produced when the drilling and fracturing of the well are completed,and water is produced along with the natural gas. Some of this water is returned fracture fluid and some is natural formation water. These produced waters move back through the wellhead with the gas. M. The term"site"means a property where natural gas drilling and related activities occur, whether or not the property is owned or leased by the Company,including all areas within the exterior boundaries of that property. Multiple wells may be located at a single site. r QUESTIONS 40 Your response to the following questions is requested within thirty(30)days of receipt of this information request: 1. Provide the name of each hydraulic fracturing fluid formulation/mixture distributed or utilized by the Company within the past five years from the date of this letter. For each formulation/mixture,provide the following information for each constituent of such product. "Constituent"includes each and every component of the product,including chemical substances,pesticides,radioactive materials and any other components. a. Chemical name(e.g.,benzene—use IUPAC nomenclature); SIP b. Chemical formula(e.g.,C6H6); c. Chemical Abstract System number(e.g.,71-43-2); rlli d. Material Safety Data Sheet; e. Concentration(e.g.,ng/g or ng/L)of each constituent in each hydraulic fracturing fluid product. Indicate whether the concentration was calculated or determined analytically. This refers to the actual concentration injected during the fracturing process following mixing with source water,and the delivered concentration of the constituents to the site. Also indicate the analytical method which may be used to di determine the concentration(e.g., SW-846 Method 8260,in-house SOP),and include the analytical preparation method(e.g., SW-846 Method 5035),where applicable; di f. Identify the persons who manufactured each product and constituent and the persons who sold them to the Company,including address and telephone numbers for any such persons; g. Identify the purpose and use of each constituent in each hydraulic fracturing fluid product(e.g.,solvent,gelling agent,carrier,); h. For proppants,identify the proppant,whether or not it was resin coated,and the materials used in the resin coating; i. For the water used,identify the quantity,quality and the specifications of water needed to meet site requirements,and the rationale for the requirements; I 9 MP IMO j. Total quantities of each constituent used in hydraulic fracturing and the related quantity of water in which the chemicals were mixed to create the fracturing fluids to support calculated and/or measured composition and properties of the hydraulic fracturing fluids;and a k. Chemical and physical properties of all chemicals used,such as Henry's law coefficients,partitioning coefficients(e.g. Kow K«-,Kd),aqueous solubility, degradation products and constants and others. 2. Provide all data and studies in the Company's possession relating to the human health and environmental impacts and effects of all products and constituents identified in Question 1. ITS 3. For all hydraulic fracturing operations for natural gas extraction involving any of the products and constituents identified in the response to Question 1,describe the process including the following: a. Please provide any policies,practices and procedures you employ,including any Standard Operating Procedures(SOPs)concerning hydraulic fracturing sites,for all operations including but not limited to: drilling in preparation for hydraulic fracturing including calculations or other indications for choice and composition of drilling fluids/muds;water quality characteristics needed to prepare fracturing fluid; di relationships among depth,pressure,temperature,formation geology,geophysics and chemistry and fracturing fluid composition and projected volume;determination of App estimated volumes of flowback and produced waters;procedures for managing flowback and produced waters;procedures to address unexpected circumstances such lib *air as loss of drilling fluid/mud,spills,leaks or any emergency conditions(e.g.,blow outs),less than fully effective well completion; modeling and actual choice of fracturing conditions such as pressures,temperatures,and fracturing material choices; a determination of exact concentration of constituents in hydraulic fracturing fluid formulations/mixtures;determination of dilution ratios for hydraulic fracturing fluids, and b. Describe how fracturing fluid products and constituents are modified at a site during the fluid injection process. +� 4. a. Identify all sites where,and all persons to whom,the Company: i. provided hydraulic fracturing fluid services that involve the use of hydraulic di fracturing fluids for the year prior to the date of this letter,and ii. plans to provide hydraulic fracturing fluid services that involve the use of a hydraulic fracturing fluids during one year after the date of this letter. b. Describe the specific hydraulic fracturing fluid services provided or to be provided for each of the sites in Question 4.a.i. and ii.,including the identity of any contractor that the Company has hired or will hire to provide any portion of such services. For each site identified in response to Question 4,please provide all information specified in the enclosed electronic spreadsheet. �,. 10 Regulation pf Hydraulic Fracturing by the Office of Water I Hydraulic Fracturing I US EPA Page 1 of 1 • http://water.epa.gov/type!groundwater/uic/class2/hyd raulicfracturingMrells_hydroreg.cfm#safehyfr 0EPJA :; • Hydraulic Fracturing Share You are here Wafer»Cur'Waters.Ground Water»Underground Injection Control»Class II»hydraulic f racturinq»Regulation of Hydraulic Fracturing by the Office of Water Regulation of Hydraulic Fracturing by the Office of Water Water is an integral component of the hydraulic fracturing process EPA Office of Water regulates waste disposal of flowback and sometimes the injection of fracturing fluids as authorized by the Safe Dunking Water Act and Clean Water Act 11, Safe Drinking Water Act di Several statutes may be leveraged to protect water quality,but E PA's central authority to protect drinking water is drawn from the Safe Drinking Water Act(SDWA) The protection of USDWs is focused in the Underground Injection Control(UIC)program which regulates the subsurface emplacement of fluid Congress provided for exclusions to rIC rinthoidy(SDWA§14211dI) however.with the most recent language added via the Energy Policy Act of 2005 di -*The term'underground injection' MR (A)means the subsurface emplacement of fluids by well injection.and (Ft)excludes (il the underground inlectmn of natural gas for purposes of storage.and (ki the underground infection of fluids or propping agents(other than diesel fuels)pursuant to hydraulic fracturing operations related to oil.gas.or geothermal production ar;tivrtmr s While the St'i'AA specifically excludes hydraulic fracturing from LIIC regulation under SDWA§1421 Orr 1) the use of diesel fuel during hydraulic fracturing is still regulated by the UIC program Any service company that performs hydraulic fracturing using diesel fuel must receive prior authorization front the UIC program Injection wells receiving diesel fuel as a hydraulic fracturing additive will be considered Mass ll wells by the utC program The UIC regulations can be found in Title 40 of the Code of Federal Regulations Parts 144 -148 State oil and gas agencies may have additional regulations for hydraulic fracturing In addition states or EPA have authority under the Clean Water Act to regulate discharge of produced waters from hydraulic fracturing operations Clean Water Act Disposal of flowback into surface waters of the United States is regulated by the National Pollutant Di scharue Elnnaratiun System(NPDES(permit program The Clean Water Act authorizes the NI'DES program State regulations a In addition to federal authority to regulate the hydraulic fracturing process states may have additional regulations on hydraulic fracturing and the production of fossil fuels f� �x di .5 116, I 12/7/2010 http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/wells hydroreg.cfin EARTHWQRKS - EARTHWORKS applauds passage of key oil and gas reforms Page 1 of 2 is Search Ell ii LART11\sOKh`+ µ ' ;� ,--- \iu,., 1<'I r 1,,,,'.Inr,,., iln an,1 t.,,. I'i..,I.,,,,,: I,.u, 1'A,h .I u,,.;. ',I,,,,ii I . `..I'1[I,,,.:, I'I.r',and I'nn .I. 11 ill PRESS Rook 2010 PRESS RELEASES COMIMNITN 20111 Relea,es EARTHWORKS applauds passage of key oil and gas reforms VOICES 0 i.1; Custer National Forest, 01.21 Statement of Jennifer Krill, EARTHWORKS Executive Director, on MT • 02.I., the passage of HR 3534 the Consolidated Land, Energy, and "Rancher Not Infomred i12.19 Aquatic Resources Act of 2010 about Mineral Leasing"is Jeanie Alderson's story 02.24 about what it means when P 01.04 WASHINGTON,D.C.,July 30--""Today the U.S.Congress takes is taking an important step towards the federal government establishing some protections for communities facing oil and gas production in their backyard.The owns the minerals below 111 vLol House voted 209 to 193 to pass the CLEAR Act,which will establish important reforms in both offshore private land-mainly,that 'I4.05 and onshore oil and gas extraction to protect communities,our water and our air from damage caused surface owners have little or +la.i i.t', by the reckless development of energy resources. no input into the leasing 0a.1 i.c' greatprocly affect tss or heirs that wil lives and ili 04,14 Specifically,EARTHWORKS is pleased that the CLEAR Act eliminates the threat to rivers and streams livelihoods. o;III by closing the oil and gas construction loophole in the Clean Water Act and also ensures science- based review of environmental impacts at drill sites under the National Environmental Policy Act. O5.M, l '11 The removal of these two exemptions is only a piece of a larger reform that is needed to ensure that oil 0.' i c.I II and gas production is carried out in a way that protects communities and the environment. 1.5.14 Unfortunately,communities continue to be threatened,and in many cases,damaged,by tThe oil and IIc,24 gas industry also continues to enjoys profit from exemptions under the Safe Drinking Water Act for 14 ni,,,4 hydraulic fracturing,the Clean Air Act for air pollution emissions,as well as exemptions from the Solid ti{ „ Waste Disposal ActResource Conservation and Recovery Act and the Toxics Release Inventory. Ili f,2 In order to ensure protection for the environment,communities and safe drinking water in the 34 states 1 where oil and gas is produced,the oil and gas industry must be held to the highest standards. P".12 11 14 --ENDS-- 16 Illibir 7,15,20 l o p iris FOR 11ORE INFORN1ATION ,1` 07''- 07.30 Contact: Iix.I3 00311 Cathy Carlson,Senior Policy Advisor,720-839-7289 IP 09.ib I0.05 EARTHWORKS 11612 K St.,NW,Suite 808 I Washington,D.C.,USA 20006 1 n.1 t 202.887.1872 I info©earthworksaction.org I Privacy Policy 11418 1029 11.02 1a 1 1 J1 1 11.20 11.?0 It 1 1_311.'v 1 S • 200'i Release, 2008 Rrlr i,'s 20117 Release, PI 20116 Releases • 2u115 Releakes 2011.3 Itcleasec In I he\es, IP lb 1 11.1 1 t'1 i t l\ IMP '`1 I'P()R I I \RIf11!f)RK`, ili ( ‘n1I'AICNS L 6 http://earthworksaction.org/PS_CLEARpassageHouse.cfin 12/7/2010 EARTHWQRKS - FRACKING: Wyoming Requires Disclosure of Chemicals in Natural ... Page 1 of 2 Sear ch L., ., .( ,.... i i,....,...,, , G. w ' "...•,.:' / -,-,7...'-',-- '." '. ____ .. . I \KS'11".SOI{titi ,. , ____,,. ___.,--- __.- .... .,.. -- -._- r,-. „.... -.- _:„.:,_,.,....r-. .!,,,,,,-1'.-. :; tw 1`-Inrnc t'i,.,n,l tL., rl' .P. 1..0 ,.I'll .11'0•1, .\b:,ui i , . \P I H;',.r I'I. au,,i';;,I;, 1, PRESS ROO\1 2010 PRESS RELEASES (ON1NIl.NITY 2010 Releaa, FRACKING: Wyoming Requires Disclosure of Chemicals in Natural Gas N o10Es r 01.11 Drilling 10,Sansu,Ghana 01.21 "AGC has the power to NI uno New Rules Are First in U.S.--Federal Law Still Needed to Close Gaps destroy my livelihood and P also shoot me without any 02.1” provocation." 112.24 Joint press release:EARTHWORKS*Powder River Basin Resource Council PIA n1.04 a 114.1it SHERIDAN,Wyo.,Sept.16--Wyoming's new rules requiring natural gas drillers to disclose chemicals „a,tx used in hydraulic fracturing are the best in the nation but fall short of full transparency,citizen groups 13 I` said.They urged Congress to pass legislation protecting all Americans'right to know about hazardous drilling compounds that could contaminate water supplies. 04,1-1 'This is the toughest disclosure rule on the books,but the devil's in the details,"said Deb Thomas,an 1}5.04 organizer with the Powder River Basin Resource Council,which for ten years has pushed the state to 115.;1,, protect residents from the potential hazards of oil and gas development."Governor Freudenthal and rl 113.97 the oil and gas commission have taken a strong first step with fracking disclosure.But we still need nS 1i legislation to protect citizens in every natural gas drilling state and prevent drilling companies from trying to keep chemicals used in oil and gas drilling,fracking and production secret." 05,14 '5. 4 Hydraulic fracturing,or fracking,is the high-pressure injection of hundreds of thousands of pounds of 10,04 chemical-laced fluids into wellheads to force deposits to the surface.Fracking is suspected of polluting ii 06,22 groundwater in Wyoming,Colorado,Texas,Pennsylvania,New York and other states where gas is ,i6.28 trapped in underground shale formations.Earlier this month the U.S.EPA warned some residents of 1 Pavillion,Wyo.,not to drink from private water wells after tests found hydrocarbons,methane and r 11'.12 high sodium that may have come from fracking operations. 07.14 1111 111111tr The EPA is pressing companies for more information about chemicals in fracking fluids,which drillers 7.I5.2o H' regard as trade secrets.In Congress,65 members of the House are cosponsors of the Fracturing or-Jo Responsibility and Awareness of Chemicals(FRAC)Act by Rep.Dianne DeGette of Colorado. 11'27 II 1),,uI Gwen Lachelt,director of EARTHWORKS'Oil and Gas Accountability Project,agreed that the Wyoming 1,x Ix rules go farther than the limited disclosure in other states.But she said there are shortcomings,and «111 the burden is on residents to seek out the information on a state website via a complicated and confusing search process. 09.Ih j1'f1' • Although companies must list on their drilling permit applications the chemicals and I'll concentrations they plan to use,compounds patented as proprietary will be disclosed only to In.ix the state Oil and Gas Conservation Commission and will not be made public. 10.229 •• Reports filed upon completion of wells will disclose the actual amounts of chemicals used,and 1 I.n2 the constituent ingredients of proprietary compounds,but those reports may not be available I I„; for a year after drilling begins.If a well is stimulated more than once,disclosure of additional 21 chemicals is on the honor system. t 1 o1I • Landowners and neighbors of drill sites will not be provided notice of the disclosure and well completion reports,but will have to go online to see if they stand to be directly affected by 11 .10.M s drilling operations. 2009 Releme, 2008 Release, "Wyoming has raised the bar,but it took 10 years,intervention by two federal agencies and the 221107 Releases poisoning of a community's drinking water,"said Lachelt."We need a federal standard to protect 2006 Releases residents in all 34 oil and gas states.In the meantime,we call on the states to follow Wyoming s 2110:Itelcatic, lead,and for companies nationwide to voluntary disclose all the chemical constituents and concentrations used on site throughout the drilling,fracturing,well workover and production 2004 Releases Eprocesses." In I he ties FOR MORE INFORMATION 111\1 1<'I ION Contact: ✓ .I PP<)R I f I.i R II I11 OR titi Gwen Lachelt,EARTHWORKS Oil&Gas Accountability Project,(505)469-0380 1 CAMPAIGNS Deb Thomas,Powder River Basin Resource Council,(307)645-3236 L i/ EARTHWORKS l 1612 K St.,NW,Suite 808 I Washington,D.C.,USA 20006 Lhttp://earthworksaction.org/PR_WYdisclosure.cfm 12/7/2010 0./09/2010: EPA Formally Requests Information From Companies About Chemicals Use... Page 2 of 3 EPA Formally Requests Information From (,. Companies About Chemicals Used in Natural Gas Extraction / Information on hydraulic fracturing chemicals is key to agency study of potential impacts on drinking water Release date: 09/09/2010 Contact Information: Jalil Isa, isa.jalil@epa.gov, 202-564-3226, 202-564-4355 WASHINGTON—The U.S. Environmental Protection Agency(EPA)today announced that it has issued voluntary information requests to nine natural gas service companies regarding the process known as hydraulic fracturing.The data requested is integral to a broad scientific study now underway by EPA,which Congress in 2009 directed the agency to conduct to determine whether hydraulic fracturing has an impact on drinking water and the public health of Americans living in the vicinity of hydraulic fracturing wells. In making the requests of the nine leading national and regional hydraulic fracturing service providers—BJ Services, Complete Production Services, Halliburton, Key Energy Services, Patterson-UTI, RPC, Inc.,Schlumberger, Superior Well Services,and Weatherford—EPA is seeking information on the chemical composition of fluids used in the hydraulic fracturing process,data on the impacts of the chemicals on human health and the environment, standard operating procedures at their hydraulic fracturing sites and the locations of sites where fracturing has been conducted. This information will be used as the basis for gathering further detailed information on a representative selection of sites. "This scientifically rigorous study will help us understand the potential impacts of hydraulic fracturing on drinking water —a concern that has been raised by Congress and the American people. By sharing information about the chemicals and methods they are using,these companies will help us make a thorough and efficient review of hydraulic fracturing and determine the best path forward,"said EPA Administrator Lisa P.Jackson. "Natural gas is an important part of our nation's energy future, and it's critical that the extraction of this valuable natural resource does not come at the expense of safe water and healthy communities. EPA will do everything in its power,as it is obligated to do,to protect the health of the American people and will respond to demonstrated threats while the study is underway." Hydraulic fracturing is a process in which large volumes of water,sand and chemicals are injected at high pressures to extract oil and natural gas from underground rock formations.The process creates fractures in formations such as shale rock,allowing natural gas or oil to escape into the well and be recovered. During the past few years,the use of hydraulic fracturing has expanded across much of the country. MI EPA announced in March that it will study the potential adverse impact that hydraulic fracturing may have on drinking water.To solicit input on the scope of the study, EPA is holding a series of public meetings in major oil and gas production regions to hear from citizens, independent experts and industry.The initial results of the study will be 1111 announced in late 2012. EPA will identify additional information for industry to provide—including information on fluid disposal practices and geological features—that will help EPA carry out the study. 110 EPA has requested the information be provided on a voluntary basis within 30 days, and has asked the companies to respond within seven days to inform the agency whether they will provide all of the information sought.The data being sought by the agency is similar to information that has already been provided separately to Congress by the industry. Therefore, EPA expects the companies to cooperate with these voluntary requests. If not, EPA is prepared to use its authorities to require the information needed to carry out its study. 116 EPA is currently working with state and local governments who play an important role in overseeing and regulating it fracturing operations and are at the forefront of protecting local air and water quality from adverse impacts. ■Yr http://yosemite.epa.gov/opa/admpress.nsf/dOcf6618525a9efb85257359003fb69d/ec57125b... 12/7/2010 ,G9/09/2010: EPA Formally Requests Information From Companies About Chemicals Use... Page 3 of 3 ow or View the letter on the voluntary information request: http://www.epa.gov/hvdraulicfracturinq Receive our News Releases Automatically by Email mov (iv Search This Collection I Search All Collections LJ Get email when we issue news releases 41. Recent additions 12/07/2010 Pittsfield Printing Company Will Pay $385,000 for Clean Air Violations and to Help Clean Wood Stoves in Western Massachusetts 12/07/2010 2010 EPA Enforcement Actions Yield Significant Pollutant Reductions in the Si Southeast 12/07/2010 U.S. EPA Finishes Cleanup At Cadie Auto Salvage In Belvidere, Ill. 12/07/2010 EPA Seeks New Timetable for Reducing Pollution from Boilers and Incinerators/Agency committed to developing rules that are protective, cost effective and based on sound science 12/06/2010 Two Firms Face Fines for Ocean Dumping Violations in Dredging Operations in Mass. 11* Or is http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/ec57125b... 12/7/2010 Ps UNITED STATES ENVIRONMENTAL PROTECTION AGENCY SUBPOENA AND INFORMATION REQUEST I. STATUTORY AUTHORITY This Subpoena and Information Request is issued pursuant to the authority vested in the EPA Administrator under Section 11(c)of the Toxic Substances Control Act ("TSCA"), 15 U.S.L. § 2610(c), Section 308 of the Clean Water Act("CWA"), 33 U.S.C. § 1318,and Section 3007 of the Resource Conservation and Recovery Act("RCRA"),42 U.S.C. § 6927. fit II. CERTIFICATION 'I he information provided shall be verified by, and submitted under an authorized signature by a responsible corporate officer,1 with the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information di submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I certify that the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment 1" for knowing violations. III. CONFIDENTIAL INFORMATION I The information requested herein must be provided notwithstanding the possibility that the information requested may be characterized as confidential information or trade secrets. • Request for confidential treatment must be made when information or access to records is provided and in accordance with the instructions provided in Section V.0 below. IV. SUBMISSION OF YOUR RESPONSE TO THE INFORMATION REQUESTED , , All submissions required by this request shall be provided by December I, 2010,and S addressed to: I The term"responsible corporate officer."as used herein, means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation. S On • Jim Willis Director. Chemical Control Division U.S. Environmental Protection Agency 1200 Pennsylvania Avenue,NW or MC 7405M jai Washington, DC 20460 (202) 564-0104 V. INSTRUCTIONS A. Respond to Each Request Completely. Each request is numbered and may contain subparts identified by lowercase letters. A separate response must be made to each request and subpart. Provide a separate narrative response to each request and subpart and clearly identify your responses with the number, subpart,and text of the request to which it corresponds. Each question posed must be answered. If the appropriate response is"none"or"not applicable,"that information should be so stated. You must also submit any documents you relied on in preparing your response. Incomplete,evasive, or ambiguous answers shall constitute failure to respond to this Subpoena and Information Request and may subject you to penalties as discussed in the cover letter. B. Source(s)of Response. Include with each narrative response, the name,position, and title of each person(s)who provided information responsive to the request. C. Electronic Submittal. Except for the maps and diagrams, EPA requests that you submit your responses as one or more electronic files on a CD or similar media storage device,provided your electronic files are accompanied by a letter that identifies the file software and version, file name(s),size(s),date(s), and time(s)of creation. If any information is contained in proprietary software,or any other format that is not easily understood, you must provide an easily understood format and include appropriate explanatory information to allow interpretation of the information. EPA requests that you submit your responses as one or more electronic files on a Cl)or similar media storage device in a form that allows EPA to readily retrieve and utilize the information using commercially available software. To that end,EPA requests that your responses be provided on the CD enclosed with this request and that you use the Excel spreadsheet format contained on the CD. Your electronic files should include any documents you relied on in preparing your responses. iis D. Submitting Maps. When submitting maps, identify the scale of the map,the map title and an explanation of what the map depicts. When identifying features on the map,either label the feature at its location on the map or include in the map's legend the symbol used for identifying the feature. fito E. Submission of Documents. Label each document submitted with the request number and subpart (if applicable) to which it corresponds. Date stamp each document you submit. If anything is deleted from a document produced in response to this Information Request, state the reason for and the subject matter of the deletion. f I F. Documents Responsive to More than One Request. If a document you submit is responsive 11r to more than one request, provide one copy of the document and identify all the requests,by number and subpart, to which it corresponds. G. Do Not Substitute Derivative or Summary Documents. Where a document is requested, please provide the responsive document. You may, if you wish,provide additional or explanatory documents to accompany the responsive document(s). However, your failure to provide the document requested will be considered a failure to completely respond to this Subpoena and Information Request. H. Provide the Rest Information Available. Unless otherwise specified, responses do not require you to create new data or information. However, you should provide responses to the best of Rif your ability,even if the information sought was never put down in writing or if the written documents are no longer available. You should seek responsive information from current and tio former employees and/or agents. Submission of cursory responses when other responsive information is available to you will be considered a failure to completely respond to this Subpoena and Information Request. If you cannot provide a prccisc answer to any questions, please approximate and state the reason for your inability to be specific. I. Unavailability of Records. If you are unable to respond to a request in a detailed and complete manner, or if you are unable to provide any of the information requested, indicate the reason for your inability to do so. If a record(s)responsive to a request is not in your possession, custody, or control and you have reason to believe that another person may be able to provide it, state the fir reasons for your belief and provide the person's name, address,telephone number,and any information available(i.e., author, date,or subject matter) about the record(s). r J. Documents That Have Been Transferred. If any records responsive to a request have been transferred or otherwise disposed of, identify the document, identify the person to whom it was 4410 transferred,describe the circumstances surrounding such transfer or other disposition,and state the date or approximate date of such transfer or other disposition. K. Duty to Provide and/or Correct Information on a Continuing Basis. If any records responsive to a request are not known or arc not available to you at the time you submitted your response, as but later become known or available to you, you must submit the new information as a supplement to your response. If at any time after submission of your response you learn that any portion is or becomes false, incomplete,or misrepresents the facts, you must notify EPA of this fact as soon as possible and provide a corrected response. Failure to supplement your response within thirty(30) days of discovering such responsive information may subject you to an enforcement action. If any part of the response to this Subpoena and Information Request is found to be false,the signatory to the response and the company may be subject to criminal prosecution. it L. identify Personal Privacy Information. Personnel and medical files,and similar files,the disclosure of which to the general public may constitute an invasion of privacy, should be segregated from your responses, included on separate sheet(s), and marked as"Personal Privacy is 411r d YIN Information." You should note however, that unless prohibited by law, EPA may disclose this information to the general public without further notice to you. M. Indicate Objections to Requests. While you may indicate that you object to certain requests contained in this Subpoena and Information Request,you must provide responsive information notwithstanding those objections. To object without providing responsive information may subject you to the penalties discussed in the cover letter. 3.1 a N. Claims of Privilege. If you claim that an entire document responsive to this Subpoena and Information Request is a communication for which you assert that a privilege exists, identify the document and provide the basis for asserting the privilege. For any document for which you assert that a privilege exists for a portion of it,provide the portion of the document for which you are not asserting a privilege; identify the portion of the document for which you are asserting the privilege; and provide the basis for such an assertion. Please note that regardless of the assertion of any privilege,any facts contained in the document which are responsive to the Subpoena and Information Request must be disclosed in your response. O. Confidential Business Information. You must provide the information requested even though de you consider it confidential information or trade secrets. You may assert a business confidentiality claim for part or all of the information requested, as described below and set forth 04, in 40 C.F.R. Part 2, Subpart B. Information covered by such a claim will be disclosed by EPA di only to the extent and only by the procedures set forth in 40 C.F.R. Part 2, Subpart B. If no confidentiality claim accompanies the information when EPA receives it, the information may be made available to the public by EPA without further notice to you. If you wish EPA to treat any information or response as"confidential," you must advise EPA and comply with the following procedures. Place on or attach to the information at the time it is submitted to EPA a cover sheet,stamped or typed legend,or other suitable form of notice employing such language as trade secret,proprietary, or company confidential.2 You must clearly identify allegedly confidential portions of otherwise non-confidential documents and you may want to submit these separately to facilitate identification and handling by EPA. EPA will tiii ask you to substantiate each claim of confidential business information by separate letter in accordance with applicable EPA regulations,40 C.F.R. Part 2, Subpart B. tor VI. DEFINITIONS Except as otherwise defined below,terms in this information request have the same definition used in the CWA, 33 U.S.C. §§ 1251 through 1387, RCRA,42 U.S.C. §§ 6901 through 6992k, and TSCA, 15 U.S.C. §§ 2601 through 2695d, and the regulations promulgated thereunder. 2 Note that EPA has issued guidance that may be relevant in considering whether to assert confidentiality claims. For example,the Agency has stated that, in general,EPA expects to fmd that chemical identity in health and safety studies submitted under the Toxic Substances Control Act is not CHI unless it explicitly contains process information or discloses portions of a mixture. 75 Fed. Reg.29,754(May 27,2010). Also,in the interest of transparency.we ask that you exercise prudence and assert CHI claims sparingly. liir E (Ir A. The terms"and" and"or"shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this information request any information which might otherwise be construed to be outside its scope. B. The term "any,"as in"any documents,"for example, shall mean"any and all." C. The term "Company"shall mean the entity identified as the addressee on the cover letter to this information request and all related and affiliated corporate entities (including, but not limited to,parent corporations, subsidiaries,joint ventures, partnerships,and affiliates)that perform hydraulic fracturing services. I D. The term `correspondence"or"communications" includes, but is not limited to, all oral,written,telephonic, facsimile,and electronic correspondence and/or communications. E. The term "describe"means to detail,depict, or give an account of the requested information,or to report the content of any oral and/or written correspondence, communication,or conversation,or to report the contents of any document, including the title, the author, the position or title of the author, the addressee,the position or title of the addressee, indicated or blind copies,date, subject matter, number of pages, attachment or appendices,and all persons to whom the document was distributed, shown, or explained. • , F. The terms"document"and"documents" shall mean any information subject to any method of recording, storage, or transmittal,and shall include any information now or formerly in your possession, custody or control,or now or formerly in the possession, +� custody or control of any agent acting on your behalf. "Document" shall include,but not be limited to: 1. Writings of any kind, formal or informal,whether or not wholly or partially in handwriting,typed form, or printed form, including drafts,originals,and nonconforming copies that contain deletions, insertions,handwritten notes or comments,and including(by way of illustration and not by way of limitation)any of the following: 1. invoices,receipts, endorsements,checks,bank drafts, canceled checks, Ell deposit slips, withdrawal slips,orders; 2. letters,correspondences, faxes, telegrams,telexes,electronic communications including,hut not limited to, e-mails and other correspondence using computers or other electronic communication devices; 3. minutes, memoranda of meetings and telephone and other • conversations,telephone messages; 4. agreements, contracts,and the like; 5. log books,diaries,calendars, desk pads,journals; I +rr 611 L6. bulletins,circulars, forms, pamphlets, statements; 7. reports,noticc, analysis, notebook; 8. graphs,charts; or 9. records, pamphlets, surveys, manuals, statistical compilations, pictures. 2. Microfilm or other film record, photograph,or sound recording on any type of device. 3. Any tape,disc, or other type of memory generally associated with computers and data processing, together with: di 1. the programming instructions and other written material necessary to use such disc,disc pack,tape,or other type of memory; and 2. printouts of such disc, disc pack,tape, or other type of memory. 4. Attachments to or enclosures with any document. di G. The term"flowback"as used in this information request refers to the water 41, mixture produced when the hydraulic fracturing procedure is completed and pressure is released,and the direction of fluid flow reverses. The well is"cleaned up"by allowing water and excess proppant to flow up through the wellbore to the surface. Both the process water and the returned water are commonly referred to as"flowback"and the term is used in both ways herein. libr H. The term "identify"or"provide the identity of means,with respect to a person to stFt set forth: (a)the person's full name, (b)present or last known business and home addresses and telephone numbers; (c)present or last known employer(including the full name and address), with job title, and position or business; +� I. The term"identify"or"provide the identity of' means, with respect to a corporation,partnership, business trust, government office or division,or other entity (including a sole proprietorship), to set forth: (a) its full name; (b)complete street address; (c) legal form (c.g. corporation, partnership); (d)the state under whose laws the entity was organized; and(e) a brief description of its business. J. The term"identify"or"provide the identity of'means, with respect to a document, to provide: (a) its customary business description(e.g.,letter, invoice);(b) its date; (c)its number if any(e.g., invoice or purchase order number); (d)the identity of the author(s), the address, and the addressee(s) and/or recipient(s); (e) and a summary of the substance or the subject matter. tr K. The term "person"means an individual,trust, firm.joint stock company, corporation (including a government corporation), limited liability company, partnership, association, State, municipality, commission, political subdivision of a State, or an interstate body. w C lib • L. The term"produced water"as used in this information request refers to the water mixture produced when the drilling and fracturing of the well are completed, and water is produced along with the natural gas. Some of this water is returned fracture fluid and fr some is natural formation water. These produced waters move back through the wellhead with the gas. M. The term"site" means a property drilling to support hydraulic fracturing for energy production and related activities occur,whether or not the property is owned or leased by the Company, including all areas within the exterior boundaries of that property. Multiple wells may be located at a single site.3 N. The terms"waste,""waste streams,"and"wastewater,"as used in this information request, refer to by-products,residues, solid waste, hazardous waste,process wastewater, waste slurry or sludge, cooling water, storm water runoff, and sanitary wastewater. VII. SUBPOENA AND INFORMATION REQUEST Your response to the following questions is due within thirty (30)days of receipt of this request. 1. Provide the name of each hydraulic fracturing fluid formulation/mixture distributed or utilized by the Company within the past five years from the date of this letter. For each formulation/mixture,provide the following information for each constituent of %o such product. "Constituent"includes each and every component of the product, including chemical substances,pesticides,radioactive materials and any other components.' a. Chemical name(e.g.,benzene—use IUPAC nomenclature); b. Chemical formula(e.g., C6H6); c. Chemical Abstract System number(e.g., 71-43-2); d. Material Safety Data Sheet; 3 EPA is interested in information regarding domestic,on-shore drilling. °EPA requests chemical information for all chemicals used, including those chemicals not otherwise disclosed on material safety data sheets(MSDSs). EPA is requesting information on all basic combinations of chemicals(hydraulic fracturing systems), and additional information on modifications that may be made to adjust for site specific circumstances,or under the direction of clients. Please note that EPA does not at this time require the information requested under question 1 to be provided on a well-specific basis. EPA's goal is to understand the identity of all chemicals used during the requested time period,the rationale for the choice of chemicals and concentrations injected into wells,and the concentrations of each formulation as delivered on site and as typically injected into wells. 44a► e. Concentration e.( g.,ng/g or ng/L) of each constituent in each hydraulic fracturing fluid product. Indicate whether the concentration was calculated or determined analytically. This refers to the actual concentration injected during the fracturing process following mixing with source waters,and the delivered concentration of the constituents to the site. Also indicate the analytical method which may be used to determine the concentration (e.g., SW-846 Method 8260, in-house SOP), and include the analytical preparation method (c.g., SW-846 Method 5035), where applicable; f. Identify the persons who manufactured each product and constituent and the persons who sold them to the Company, including address and telephone numbers for any such persons6, g. Identify the purpose and use of each constituent in each hydraulic fracturing fluid product(e.g.,solvent, gelling agent,carrier,); h. For proppants,identify the proppant, whether or not it was resin coated, and the materials used in the resin coating; i. For the water used, identify the quantity,quality and the specifications of water needed to meet site requirements,and the rationale for the requirements7; j. Total quantities of each constituent used in hydraulic fracturing and the related quantity of water in which the chemicals were mixed to create the Cs EPA requests information on the actual concentrations(typically)injected, as well as the corresponding source water quality. To the extent that the concentration injected is a function of the chemistry of the water supplied and the design of the project, the Company should supply the design or intended concentrations corresponding to each typical hydraulic fracturing fluid system used, and information regarding tolerance for deviation from the design concentrations, along with the rationales for deliberately changing concentrations from the design. Scc Question 1(i) and Question 3. f: 6 If the Company provides the required information regarding all chemicals used in hydraulic fracturing, EPA may waive the requirement to provide information regarding the persons who manufactured each product and related contact information. ' EPA understands that often the Company may not provide or even specify the water quality that is provided for hydraulic fracturing. Ilowever, to the extent that the quantity,concentration and identity of chemicals ultimately injected depends at least in part on the quantity and quality of water provided, EPA requests information on the actual concentrations(typically) injected,as well as the corresponding source water quality. See Question 1(e). L • L, fracturing fluids to support calculated and/or measured composition and properties of the hydraulic fracturing fluids ; and k. Chemical and physical properties of all chemicals used, such as Henry's law coefficients, partitioning coefficients(e.g. Kow K0c,Ka), aqueous solubility, es degradation products and constants and others. 2. Provide all data and studies in the Company's possession relating to the human health it and environmental impacts and effects of all products and constituents identified in Question 19. 0 di 3. For all hydraulic fracturing operations for natural gas extraction involving any of the products and constituents identified in the response to Question 1,describe the process including the following: a. Please provide any policies,practices and procedures you employ,including any Standard Operating Procedures (SOPs)concerning hydraulic fracturing sites, for all operations including but not limited to: drilling in preparation for di hydraulic fracturing including calculations or other indications for choice and composition of drilling fluids/muds; water quality characteristics needed to 411 prepare fracturing tuid;relationships among depth,pressure,temperature, al formation geology, geophysics and chemistry and fracturing fluid composition and projected volume; determination of estimated volumes of flowback and produced waters;procedures for managing flowback and produced waters; itiw procedures to address unexpected circumstances such as loss of drilling fluid/mud, spills,leaks or any emergency conditions(e.g.,blow outs), less than fully effective well completion; modeling and actual choice of fracturing is conditions such as pressures, temperatures, and fracturing material choices; determination of exact concentration of constituents in hydraulic fracturing fluid formulations/mixtures; determination of dilution ratios for hydraulic fracturing fluids'°,and 8 Provide the information for the entire range of typical hydraulic fracturing fluid systems, including information on the decision rules and tolerances applied to determine the concentration of each chemical as ultimately injected. 9 Include any and all studies conducted, received or held by the Company, including any reports of environmental or human health impact from exposure or alleged exposure to materials used in hydraulic fracturing or exposure to materials which occurred or is alleged to occur as a result of hydraulic fracturing. For example, include reports and results of worker exposure to materials, complaints from the public regarding release of materials due to hydraulic fracturing, or reports of contamination of water or other media due to hydraulic fracturing. 1"EPA is requiring specific information regarding standard operating procedures. For example, + r the choice of chemicals depends on a variety of factors including the properties of the formation receiving the hydraulic fracturing treatment and others. EPA is requiring information regarding the specific decision rules applied(either routinely, as rules of thumb,or as directed by clients) regarding the choice and concentration of chemicals. Similarly,injection pressures depend on a im Or • b. Describe how fracturing fluid products and constituents arc modified at a site during the fluid injection process. 4. +� a. Identify all sites,' where,and all persons to whom,the Company: i. provided hydraulic fracturing fluid services that involve the use of ri hydraulic fracturing fluids for the year prior to the date of this letter, and ii. plans to provide hydraulic fracturing fluid services that involve the use of hydraulic fracturing fluids during one year after the date of this letter. b. Describe the specific hydraulic fracturing fluid services provided or to be provided for each of the sites in Question 4.a.i. and ii., including the identity of any contractor that the Company has hired or will hire to provide any portion of such services. lib I I variety of factors. EPA is requiring information regarding the specific control variables and limits used to determine and monitor injection pressure. A typical decision rule might be: maintain maximum injection pressure but do not exceed pressures corresponding to greater than 80%of the burst strength of the innermost string of casing. EPA expects that actual decision rules and standard operating procedures may be much more complex than the example provided here. Choice of chemicals and injection pressures are listed here as illustrative examples of the aspects of standard operating procedures. The Company should provide a complete description of standard operating procedures related to hydraulic fracturing, including, but not limited to, water acquisition,chemical mixing and injection, flowback and produced water management, treatment and disposal. " EPA intends that the Company provide a unique well identifier and an actual, specific geographic location for each well. Geographic locations may be street addresses, global positioning system coordinates or other information that would allow a person to travel to the actual location. glow it a a (kr,, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY SUBPOENA AND INFORMATION REOUFtST a SIGNATORIES: 1,4 DATE: S1°E H8N A. OWENS ASS STANT ADMINISTRATOR OFFI �OF CHEMICAL SAFETY AND POLLUTION - 9 PREVENTION fiff DATE: T 44110- iii MATHY ANISLAUS _ ASSISTANT ADMINISTRATOR OFFICE OF SOLID WASTE AND EMERGENCY taw RESPONSE DATE: _ PE ER S. SILVA AS ISTANT ADMINISTRATOR amt OF ICE OF WATER a a a a a t IOW ifr Southlake City Council December 7, 2010 (1'w And Mayor Terrell Dear Sirs, We are writing this letter to address concerns that we have regarding the proposed Gas Permit 10-004 by XTO. We are local emergency medicine physicians and residents of Southlake. We practice in emergency departments and work closely with the first responders (EMS, Fire, Police) that transport patients to us. XTO has requested a variance regarding the 1000 ft setback from any habitable structure. There is currently a house within 322 ft of the proposed pad site as well as other structures on the farm within 1000 ft. If there is a fire,chemical spill,or any other emergency (sick person),the city will now be providing emergency services at a much closer distance that what was intended by our ordinances or what we consider prudent. Our local fire department should not be placed in significantly greater danger even if a lease holder is willing to do so themselves. This is not just a few feet,but a 67% reduction of our current code. This variance is liew ill advised at best,but also sets a terrible president for future well sites. 6 XTO has also failed to comply with Southlake City Code and had not released a complete list of the drilling chemicals to the planning and zoning committee (as of is the last P&Z meeting). The available list contains proprietary drilling fluids the contents of which are unknown. How is our local government going to test for chemicals it is unaware of to ensure our health and safety? How are our first d>i responders going to treat their patients and protect themselves without the complete knowledge of these chemicals? As emergency medicine physicians who may treat these patients we need to know these chemical components once the patients reach the emergency department.This is not a theoretical concern. An Emergency Department in Colorado had to be evacuated after a drilling worker was contaminated with fracking fluid and his clothing lead to noxious fumes filling the department. in XTO has also requested a variance regarding the venting of gas into our air. This IPP represents an increased risk to our friends and neighbors who suffer from respiratory disorders such as asthma and COPD (chronic obstructive pulmonary disease). Southlake's code specifically prevents this for good reason. Drilling in the go *or Barnett Shale now contributes the same amount of greenhouse gasses to our air as all the cars and trucks in the metroplex. TCEQalso found in its studythis year that 1 P out of every 4 well sites have unsafe levels of benzene emissions. These issues are not going to get better until industry changes it practice. We respectfully request that City Council delay voting on this permit or deny its approval until these questions are answered or variances corrected. We have a city code to protect all of us in our community; we should not dismantle it with variances. ors Thank you for you consideration, a Dr. Gordon Aalund 200 E Chapel Downs Dr. Southlake,Texas 76092 Dr. Hank DeLisle ow 1204 Plantation Southlake Texas 76092 Dr. Kate Delisle 1204 Plantation Southlake Texas 76092 Dr John Ansohn 304 Donley Southlake TX 76092 i�. To whom it may concern: EIry The proposed drilling concerns me as a resident of the Southlake community, as well as a top selling realtor& broker in the community. I am against the aproval of the gas wells that XTO is proposing to drill in our community. As a homeowner, for the safety and health of my family. As a real estate broker, for the values of our properties in Southlake. In my professional opinion, having gas wells in Southlake will hurt the values of our homes. There are too many unknown and unstudied health risks that will hinder peoples buying decisions and the values. Also, I am concerned for the neighborhoods directly surrounding the proposed drilling sites, as it will make a HUGE impact on their marketability and sellability. Regards, The Nystrom Team 14) owner RE/MAX Heritage III www.team-nystrom.com htto:!/www.remaxheritage.net ter ilr C City Council of Southlake I I am out of town on business on Tuesday the 7th, but was advised that someone might read my letter at the city council meeting. My wife and I have lived in Southlake since 1994. We've seen a great deal of change during that time some for the better(Town Square, Dragon Stadium)and some not(added street lights and width on 1709, more development, traffic) but we are proud to call ourselves residents of Southlake. The efforts of XTO, to bypass the decision of the planning and zoning committee and seek an exemption to our zoning laws to allow natural gas drilling, have been brought to our attention. I think this is a dangerous precedent and respectfully ask that the City Council postpone any decision on this matter for a minimum of 18 months so that the health studies and air quality issues that are currently being investigated and researched in other Texas communities are complete. a First off, the Planning and Zoning Committee is there to serve a purpose and trying to bypass their decision is against the purpose of the board. I believe that XTO is still unable to answer questions that were raised by the Planning and Zoning Committee (or maybe unwilling is a better description) and yet are proceeding to appeal to the City Council directly on Monday night. Should the City Council overlook the hours of research, planning and discussion that went into their recommendation, I think that ultimately our city will be hard pressed to find qualified and engaged people to serve on this board in the future. 1�1 We need qualified individuals to help us as we continue to move forward as a city and such a decision could set an ugly precedent and undermine the function of this committee. Secondly,while I'm sure there are positive budget implications and a revenue stream that would be lis beneficial for Southlake, particularly in light of the current economic situation, they don't outweigh the risks. The potential risks to our health, water supply, residential property values are long-term and significantly outweigh the positives. With there being new research, studies and findings on the fracing 111` lbw process and issues being raised nearly every week, I urge extreme caution in this decision and believe we are all best suited to wait until more information is available. 410) As I understand it, our process of establishing zoning laws has been well thought out, and while it may have been unforeseen that issues like natural gas drilling at the time of the ruling, we had good reasons at the time for making these zoning decisions and they should be respected. These zoning laws were established and allowed people who have moved into the area to "know what they were getting into"and to now exempt areas or portions of the zoning laws after people have invested and moved into our city, and for a project with so much potential risk and downside to the community, seems underhanded and ill- advised. Sincerely Jim Van den Dyssel 1310 Normandy Court IS Southlake TX 76092 817-300-8460 S S I %Nr it. City Council gotf 12 December, 2010 At first a gas well in the area seemed like a good idea, but as more facts became available I no longer support a gas well in the back yard. For health and environmental reasons, I am opposed to the gas well. i If the Barnett Shale covers 15 counties, there must be an area to drill that would have less impact on people's health and the environment. Paul D. Thomas Patricia A. Thomas 1033 Summerplace Lane Southlake, Tx 76092 10, tov ill I S a ma S r�. r , I I 111r Dear City Council, December 7, 2010 My wife and I moved to Southlake in August of this year. We chose to live in Southlake because of the excellent schools, the larger lot sizes and the 40, overall impression that the City offered a high quality of living. We are deeply concerned about the potential negative impacts of the proposed Natural gas drilling site at 651 and 655 E. Highland St. Along with the environmental concerns, we are also concerned about the impact to our home values. There has been a lot of negative press in the news lately about natural gas drilling; people are not going to want to live near these well head sites. a Please don't allow the quality of living in Southlake suffer by letting the Gas Companies take advantage of the residents by giving them royalties to pollute this desirable town. In consideration of our concerns we ask that you vote against any Natural Gas Drilling in Southlake. Thank You, Robert& Catherine Scheurle IS 415 Southview Trail Southlake C: 561-213-2516 +rr � a S s 4a %br Wr got wit To Southlake City Council Members: PP LP I am unable to personally attend the City Council Meeting on December, 7th but want to voice my concerns about gas drilling in this area. My husband Alex Tessnow and I support a moratorium against gas drilling in Southlake and Colleyville. Thank you, Hiyas Fonte and Alex Tessnow 1409 Monarch Way Southlake, TX 76092 817 912 1616 a a t k: PIO a a a a L No 44, a 12/7/2010 City Council members, We are opposed to the exception/variance requested by XTO on the Milner property right next to our house. We are within 200 feet of the property line, did not sign our mineral rights over to XTO and don't want to see changes made now to the original drilling plan. XTO should be the only one in a hurry, since they have wasted nearly three years and now expect us to comply 1111 with their wishes immediately. Again, we, Les and Shirley Hensley,#193 on the plot listing,oppose any request for variance that XTO is requesting until more time is dedicated to further study of the impacts upon our neighborhoods. Shirley Hensley 204 E. Chapel Downs Southlake,TX 76092 "It 410. a IN stf a 0141 r>� a a err imp ('# a 00 a 12/7/2010 City Counsel Members a As concerned citizen of Southlake I am concerned about the current drilling permit request by XTO. a XTO plans to vent toxic gas into our air. This I do not feel we should sacrifice the health of our families for company revenue. I am to understand that venting is in direct violation of Id our drilling code. I do not feel the Council should grant XTO a major variance to let them proceed as currently proposed. I am aware that XTO has only released some of the chemicals used in the fraking fluid to the city. I believe several of them to be toxic with di exposure causing cancer. These same chemicals have been banned by our own government for other drilling endeavors. The Southlake ordinance requires XTO to use non-toxic and safer fraking fluid whenever possible.They are available but XTO refuses to use them at this time. I feel it is the duty of the counsel to protect its citizens against such health concerns when a viable option exists. a Julie Hendrix Homemaker, Southlake Texas 41. 110 E. Chapel Downs 410 tte off a r a a rr PA says Parker County homes at risk of explosion after aquifer near'fr...for Dallas,Texas I Dallas Morning News I Science and Medicine I Health 12/7/10 6:48 PM • ir ran error occurred while 'rocessing this directive] II } news Comments 16 I Recommend -aq 6 EPA says Parker County homes at risk of explosion after aquifer near fracked gas wells is contaminated IP al 05:49 PM CST on Tuesday,December 7,2010 To By RANDY LEE LOFTIS/The Dallas Morning News • rloftis@dallasnews.com fp Natural gas from drilling that used the controversial practice of hydraulic fracturing has contaminated a ii drinking-water aquifer in Parker County, putting two homes at risk of explosion and triggering a federal emergency order, the Environmental Protection Agency's regional chief said late this afternoon. la ft ' w EPA ordered Fort-Worth based Range Production Co. to take steps to protect the families and water supplies after the Texas Railroad Commission, which regulates natural-gas drilling, failed to act, EPA Regional Administrator Al Amendariz said. 1 Railroad Commission officials "acknowledge that there is natural gas in the drinking water wells," 'P Armendariz said. "They want more data and believe that action now is premature. I believe I've got two • people whose houses could explode. So we've got to move." ' ' The Railroad Commission and Range Production had not responded to Armendariz's statements or the 0 EPA's order. .40 The EPA issued an imminent and substantial endangerment order under the federal Safe Drinking Water "is Act after inspections confirmed natural gas in the private drinking water wells that serve two homes in southern Parker County. iff pr Range Production drilled horizontal gas wells into Parker County, near the two homes, from a drilling pad located nearby in Hood County, Railroad Commission records show. II The gas wells were drilled using hydraulic fracturing, or fracking, in which millions of gallons of water mixed with chemicals is injected deep underground under high pressure. The pressure fractures the tight shale formation and releases trapped natural gas. ai �,:he last five years, fracking has turned North Texas' Barnett Shale field into the nation's biggest natural ,.r gas area, with tens of thousands of wells drilled. http://www.dallasnews.com/sharedcontent/dws/news/healthscience/stories/120810dnmetgasleak.fdeda6d.html Page 1 of 2 sr '11 EPA says Parker County homes at risk of explosion after aquifer near'fr...for Dallas,Texas I Dallas Morning News I Science and Medicine I Health 12/7/10 6:48 PM dil Critics say the practice endangers water supplies, citing examples of tapwater that can be set on fire by i niting the gas in the water. In response to such complaints, Congress ordered the EPA to conduct a onwide study of fracking and water quality. • Industry officials and Texas regulators say fracking is safe because the chemically treated water is injected far below any usable drinking water. They say the gas in widely distributed flaming-water videos was not a result of fracking. Armendariz said the EPA is not alleging that fracking caused the Parker County contamination, only that 140 Range's gas wound up in the drinking water. Required casing and cement that line the gas well might have failed, letting gas escape into the aquifer, he said. It's also possible that drilling struck a geological fault or an old gas well, he said. The extent of contamination isn't known. Range must identify the affected area under the EPA order. 18 "We know they've polluted the aquifer," Armendariz said. "We know they're getting natural gas in there. We don't know yet how far it's spread." "e The EPA instructed Range, among the nation's largest gas-producing companies, to indicate within 24 hours whether it intends to comply with the order and to provide potable water to the two families within 48 hours. It also must install meters in the homes to check for explosion risks. ige also must survey the local aquifer and identify any other private wells that might be contaminated. hin 14 days, the company must submit a plan for checking the homes' interior air and surrounding soil 4, for natural gas. Range has 60 days to tell the EPA how it will trace gas pathways through the ground, close those pathways, and clean up the aquifer. One of the two affected homeowners declined to comment. The other could not be reached. North Central Texas Communities Alliance .Ir 4001 2320 Oakland Blvd.,Ste. I I =*. Fort Worth,Texas 76103 dill ,}a, •, Fax:817-535-6233 Email:nctcalliance@yahoo.com (or)nctcalliance@aol.com rehttp://www.nctca.net ,rr dig http://www.dallasnews.com/sharedcontent/dws/news/healthscience/stories/120810dnmetgasleak.fdeda6d.html Page 2 of 2 ar I CITY OF wit low SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: DECEMBER 7, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:30 P.M. di 1. Call to order. 2. Invocation: David Whitington, Chaplain of the Month 3. FY 2011 Project Priorities: A. Pathways Construction Priority List B. Wayfinding Signage Priority List C. Beautification of Public Areas Project Priority List 4. Discuss all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: Immediately following the work session lior 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, 4 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list it 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 is seek advice from the City Attorney as to the posted subject matter of this City Council meeting. IN 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding gas drilling and Not production and gas utility companies. + b. Seek advice of the city attorney regarding pending XTO and Energy Transfer Specific Use Permit, Gas Well Permit and Pipeline Permit applications. c. Seek advice of the city attorney regarding a recreational services contract. 2. Section 551.072: Deliberation regarding real property a. Discuss the potential purchase or lease of real property for city facilities and projects. ei City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork • City of Southlake City Council meeting agenda December 7, 2010 Page 2 of 7 3. Section 551.074: Deliberation regarding personnel matters a. Deliberate the appointment of the City Secretary position. 4. Section 551.087: Deliberation regarding economic development negotiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. is 3. REPORTS: A. Mayor's Report 1. Update of upcoming meetings and events B. City Manager's Report C. Parks and Recreation Board Report CONSENT AGENDA: All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. Ihr 4. Consent: A. Approve the minutes from the November 16, 2010 regular City Council meeting and from the November 29, 2010 special City Council meeting. B. Cancel or reschedule the December 21, 2010 City Council meeting. C. Approve an Interlocal Agreement for engineering design of the F.M. 1938 Phase II Roadway Improvement Project with Tarrant County. D. Approve an Interlocal Agreement for engineering and landscape design for the F.M. 1938 Phase II Roadway Improvement Project with the City of Keller. E. Approve a renewal contract with Crowley Sports Officials for sports officiating and scorekeeping services in the amount of $100,130. F. Resolution No. 10-060, Appoint members to the Audit and Finance Committee. opp G. Ordinance No. 993, 1st Reading, Amend Chapter 11, Offenses and Miscellaneous Provisions of the City Code of Ordinances, as amended, by adding Article V, prohibiting the possession, purchase, sale and ingestion City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork • I City of Southlake r City Council meeting agenda December 7, 2010 Page 3 of 7 fillw of certain drugs. (If this item is approved on 1St Reading, a public hearing will be held on December 21, 2010.) H. Approve renewal of Tennis Center Management Agreement with Stephen and Mia Poorman, dba Roxy Tennis, L.L.C., for one year. I. Ordinance No. 480-598 (ZA10-039), 2nd Reading, Zoning Change and is Concept Plan for Southlake Montessori on property being legally described as Lot 4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current Zoning: 0-1 Office Zoning District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9. THIS ITEM IS ADMINISTRATIVELY TABLED AND THE PUBLIC HEARING CONTINUED TO THE JANUARY 4, 2011 CITY COUNCIL MEETING. (This is the seventh time this item will be tabled.) J. Ordinance No. 480-BBBB, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to termination or amortization of non-conforming uses. THIS ITEM IS is ADMINISTRATIVELY TABLED AND THE PUBLIC HEARING CONTINUED TO THE DECEMBER 21, 2010 CITY COUNCIL MEETING. ffi \r REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m. This is the public's opportunity to address the City Council about non-agenda items. During this proceeding, the City Council will not discuss, consider or take action on any item presented. We respectfully ask that anyone stepping forward to speak during Public Forum to please limit remarks to three minutes or less.) a 6. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480-549B (ZA10-054), 2nd Reading, Zoning Change and Site Plan for Tower Plaza on property being described as Tract 3B, 3B01 and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract No. 899, and being located at 821, 829 and 835 East Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #9. PUBLIC HEARING B. ZA10-046, Revised Concept Plan for Kimball Circle Estates on property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529, and being located at 703, 722, 730 and 750 South Kimball Avenue. Current Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #8. PUBLIC HEARING Now City of Southlake values: Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork I City of Southlake City Council meeting agenda December 7, 2010 Page 4 of 7 C. ZA10-047, Preliminary Plat for Kimball Circle Estates on property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529 and being located at 703, 722, 730 and 750 South Kimball Avenue. Current Zoning: SF-20A Single Family Residential District. SPIN is Neighborhood #8. D. ZA10-057, Site Plan for Lot 3, Carroll-Greenway Addition, being located at 1281 East State Highway 114. Current Zoning: C3 General Commercial. SPIN Neighborhood #8. PUBLIC HEARING F8 E. Ordinance No. 992, 2nd Reading, Adopt an ordinance to dedicate street right-of-way from City-owned property at 1371 East Highland Avenue for the purpose of constructing Kirkwood Boulevard and declare the remainder of the property to be surplus. PUBLIC HEARING F. Resolution No. 10-057 (GAS10-004), Specific Use Permit for Gas and Oil Well Drilling and Production on property being located at 651 and 655 .111 East Highland Street on property being described as a portion of Lots 1R1 and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. PUBLIC HEARING 41111W G. GAS10-005, Consider Requested Variances to Ordinance No. 880-A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s) associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1R1 and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No. 10-057 — GAS10-004). H. GAS10-006, Consider Requested Variances to Ordinance No. 880-A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit associated with Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street on property being described as a portion of Lots 1R1 and 2, Block A, Milner Addition. fri Current Zoning: AG Agricultural District. SPIN Neighborhood #7. THIS ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No. 10-057 — GAS10-004). I. Variance to Noise Ordinance No. 778, as amended, for Energy Transfer to install a pipeline for the transportation of natural gas along the State Highway SH -114 corridor. THIS ITEM IS RELATED TO THE SPECIFIC USE PERMIT (Resolution No. 10-057 — GAS10-004). City of Southlake values: Integrity♦ Innovation ♦ Accountability• Commitment to Excellence ♦ Teamwork • City of Southlake City Council meeting agenda December 7, 2010 Page 5 of 7 7. Ordinances, first readings, and related items: (There are no items on this agenda.) 8. Resolutions: A. Resolution No. 10-061, Establish the City of Southlake's Legislative Agenda for the 82nd Texas Legislative Session. 9. Other items for consideration: (There are no items on this agenda.) 4t 10. Other items for discussion: (There are no items on this agenda.) 11. 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, December 3, 2010 by 6:00 p.m., FP pursuant to the Texas Government Code, Chapter 551. al 04),14.p ® Ja `J p.. lairLori Payne, T C = s City Secretary sJ`o If you plan to attend this pub((C'me 'and have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable accommodations will be made to assist you. S IP B as iis %r City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork • City of Southlake City Council meeting agenda December 7, 2010 Page 6 of 7 EXECUTIVE SESSION 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 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 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. S Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for i 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 from a business prospect that the city seeks to have locate, stay, 'r 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. S City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda December 7, 2010 Cir Page 7 of 7 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 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 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. 1111 lbw a S S a S S rr City of Southlake values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork