WEBVTT 00:00:00.000 --> 00:00:05.379 All right, this is it's 1 0 5 on Tuesday, August the 4th. 00:00:05.379 --> 00:00:08.199 We're calling the work session for the Denton City Council 00:00:08.199 --> 00:00:11.000 to order a quorum is present. 00:00:11.000 --> 00:00:15.259 We're meeting today at the City Hall at the work session 00:00:15.259 --> 00:00:23.620 room. And I'm here because our esteemed mayor is in route 00:00:23.620 --> 00:00:27.000 back from a fishing trip to Alaska. 00:00:27.000 --> 00:00:31.670 We understand that. I don't know if he caught any fish, but 00:00:31.670 --> 00:00:34.000 we know that the grizzly bears did not catch him. 00:00:34.000 --> 00:00:41.000 So, so at least is that is concerned it's successful. 00:00:41.000 --> 00:00:46.579 To talk a little bit about this evening, he will probably 00:00:46.579 --> 00:00:52.340 be back and has had asked that we consider rearranging our 00:00:52.340 --> 00:00:57.530 schedule for our regular open session and rearranging the 00:00:57.530 --> 00:01:01.000 order and moving the consideration of the gas well 00:01:01.000 --> 00:01:04.000 ordinance to the last item, because he thinks he would be 00:01:04.000 --> 00:01:08.359 back and able to participate in that discussion and a vote 00:01:08.359 --> 00:01:10.000 if we are able to get to that tonight. 00:01:10.000 --> 00:01:14.000 So, with your indulgence is that all right. 00:01:14.000 --> 00:01:19.730 And probably what we would do is, is when he arrives, we 00:01:19.730 --> 00:01:23.760 would call a recess, and I will go back to a more 00:01:23.760 --> 00:01:30.590 comfortable chair, and they will, they can reset the board 00:01:30.590 --> 00:01:34.040 in order to have us record votes and do that the way it 00:01:34.040 --> 00:01:37.459 needs to be done, I'd have to sit in this chair up there 00:01:37.459 --> 00:01:39.000 because I have to see who's queuing up. 00:01:39.000 --> 00:01:43.340 Who's queuing up to speak, because that's the only monitor 00:01:43.340 --> 00:01:45.000 where you see that. 00:01:45.000 --> 00:01:48.000 Are we good with that. 00:01:48.000 --> 00:01:55.000 The first item is citizen comments on the consent agenda. 00:01:55.000 --> 00:01:58.000 Mr. Manager. 00:01:58.000 --> 00:02:01.799 The next item is request for clarifications on consent 00:02:01.799 --> 00:02:03.000 agenda items. 00:02:03.000 --> 00:02:05.000 Yes sir Mr Johnson. 00:02:05.000 --> 00:02:08.000 Thank you Mr Mayor pro temp. 00:02:08.000 --> 00:02:14.000 I have one item H. 00:02:14.000 --> 00:02:18.000 And my question is a simple one just. 00:02:18.000 --> 00:02:21.000 It's a. 00:02:21.000 --> 00:02:23.000 You want to wait call somebody George. 00:02:23.000 --> 00:02:26.199 So my question is just simply so this is an agreement 00:02:26.199 --> 00:02:29.840 between University of Texas at Arlington and the city didn 00:02:29.840 --> 00:02:33.099 't just want to throw out there to know if either of our 00:02:33.099 --> 00:02:36.819 local universities have the same capability of so give them 00:02:36.819 --> 00:02:39.000 the opportunity to look at it. 00:02:39.000 --> 00:02:41.969 If I could, Mr Johnson yes john fortune if he would address 00:02:41.969 --> 00:02:44.629 this I know that we've worked with you today for a long 00:02:44.629 --> 00:02:46.000 time on this project. 00:02:46.000 --> 00:02:48.520 Yeah, I don't know if this particular project is a 00:02:48.520 --> 00:02:51.280 continuation of some work that you T has been worked and 00:02:51.280 --> 00:02:54.099 started some time ago and so I don't know specifically if 00:02:54.099 --> 00:02:56.000 you and T or T.W. could have picked that up. 00:02:56.000 --> 00:02:59.139 But I know very specifically you T.A. has a program that's 00:02:59.139 --> 00:03:01.680 geared to do this and so we'll certainly be happy to look 00:03:01.680 --> 00:03:04.199 at that in the future but I don't believe that would work 00:03:04.199 --> 00:03:05.000 this time. 00:03:05.000 --> 00:03:07.000 Okay, thank you. 00:03:07.000 --> 00:03:12.000 Other questions. 00:03:12.000 --> 00:03:17.000 All right. 00:03:17.000 --> 00:03:19.000 The next item. 00:03:19.000 --> 00:03:23.189 There's a question we're going to have both as work session 00:03:23.189 --> 00:03:26.669 items and as closed session items discussions on 00:03:26.669 --> 00:03:30.750 nominations for city boards and commissions and at least 00:03:30.750 --> 00:03:32.000 some of them. 00:03:32.000 --> 00:03:36.479 And then discussion on the gas well what's the pleasure of 00:03:36.479 --> 00:03:40.969 the council would you rather do the work session items and 00:03:40.969 --> 00:03:45.479 the open session first or do close session and then go into 00:03:45.479 --> 00:03:47.000 open session. 00:03:47.000 --> 00:03:51.000 Well I see one of each. 00:03:51.000 --> 00:03:54.000 Specifically on the gas well. 00:03:54.000 --> 00:04:02.300 It should be helpful to do the close first. Okay, both of 00:04:02.300 --> 00:04:03.000 our members in of that committee. 00:04:03.000 --> 00:04:06.000 Still prefer open. 00:04:06.000 --> 00:04:08.379 We're gonna do them both right. Yeah, it's just a question 00:04:08.379 --> 00:04:13.159 of order. Just a question of order. I think it might help 00:04:13.159 --> 00:04:15.000 the open session. 00:04:15.000 --> 00:04:20.000 To have the briefing and possession first. Okay. 00:04:20.000 --> 00:04:24.000 Okay. 00:04:24.000 --> 00:04:28.000 What about the nominating on boards and commissions. 00:04:28.000 --> 00:04:35.000 We have an updated sheet. 00:04:35.000 --> 00:04:37.300 What are we discussing during the work session with the 00:04:37.300 --> 00:04:40.449 nomination. I don't know it's, it's there just so if we 00:04:40.449 --> 00:04:43.000 need to discuss we can. Okay. 00:04:43.000 --> 00:04:46.000 Really I'm indifferent to that one too. 00:04:46.000 --> 00:04:48.310 I just thought where we left the last time talking about 00:04:48.310 --> 00:04:50.610 boards and commissions given some of the specific role 00:04:50.610 --> 00:04:53.000 requirements and stuff we're trying to get back to. 00:04:53.000 --> 00:04:56.379 I thought we're left last time was that we would have a 00:04:56.379 --> 00:04:59.540 closed session to discuss some of those specific 00:04:59.540 --> 00:05:03.000 requirements and whether or not we wanted to vary from 00:05:03.000 --> 00:05:06.000 those at all replacement capabilities. 00:05:06.000 --> 00:05:10.720 So to me, I think the benefits to do the closed first. Okay 00:05:10.720 --> 00:05:15.079 , to get clarification on those some of those specific 00:05:15.079 --> 00:05:20.300 requirements as far as industry capability in that and then 00:05:20.300 --> 00:05:23.000 have the open after verification. 00:05:23.000 --> 00:05:30.810 Miss Briggs. I wasn't sure that that we could discuss those 00:05:30.810 --> 00:05:33.000 in closed session. 00:05:33.000 --> 00:05:38.379 Legal, we certainly cannot discuss advisory boards in close 00:05:38.379 --> 00:05:41.199 session. That's absolutely right, but we can discuss 00:05:41.199 --> 00:05:42.000 government. 00:05:42.000 --> 00:05:45.879 Okay. So there's a limit to what we can discuss in closed 00:05:45.879 --> 00:05:47.000 session. 00:05:47.000 --> 00:05:53.629 All right, seeing that there's no enormous objection, then 00:05:53.629 --> 00:05:59.480 we will hold on work session reports, a and b, and go at 00:05:59.480 --> 00:06:04.870 this time in the closed session will convene in closed 00:06:04.870 --> 00:06:07.000 session at 110. 00:06:07.000 --> 00:06:13.310 And we will consider the following deliberations of real 00:06:13.310 --> 00:06:18.000 property under gov Texas government code. 00:06:18.000 --> 00:06:22.490 Back in open session, we have a couple of workshop shop 00:06:22.490 --> 00:06:26.790 items left to do work session reports and item three a 00:06:26.790 --> 00:06:31.899 receiver report, hold a discussion and give staff direction 00:06:31.899 --> 00:06:37.000 regarding nominations to the city boards and commissions 00:06:37.000 --> 00:06:39.000 and we have our nomination sheet 00:06:39.000 --> 00:06:43.480 and we might want to work through that and if any members 00:06:43.480 --> 00:06:48.160 want to have need to make any changes and anything make any 00:06:48.160 --> 00:06:49.000 changes. 00:06:49.000 --> 00:06:54.180 If you don't mind, I'll just go down to the list. Airport. 00:06:54.180 --> 00:06:56.000 Oh, I'm sorry. 00:06:56.000 --> 00:06:59.000 Go ahead. 00:06:59.000 --> 00:07:01.000 I was trying to let you sit down. 00:07:01.000 --> 00:07:05.000 Oh, I need to stand a little bit. All right. 00:07:05.000 --> 00:07:12.600 Secretary Airport Advisory Board. Mr. Rodin. I'm going to 00:07:12.600 --> 00:07:16.000 re nominate Stu Morehead. 00:07:16.000 --> 00:07:18.000 Thank you. 00:07:18.000 --> 00:07:21.000 Community Development Advisory Committee. 00:07:21.000 --> 00:07:23.000 Councilmember Rodin. 00:07:23.000 --> 00:07:31.000 I'll be nominating Adam Haseley H a S L E Y. 00:07:31.000 --> 00:07:36.000 Okay. 00:07:36.000 --> 00:07:39.529 Mayor pro tem. Oh, you're you don't have that one yet. Hist 00:07:39.529 --> 00:07:41.000 oric one mark. 00:07:41.000 --> 00:07:45.000 Human Services Advisory Councilmember Rodin. 00:07:45.000 --> 00:07:50.000 Renominating Yesenia Centilla. 00:07:50.000 --> 00:07:53.350 She's currently serving current I'll just put current 00:07:53.350 --> 00:07:55.000 general fix it for me. 00:07:55.000 --> 00:07:59.449 Councilor Mayor pro tem Gregory. Do you have someone for 00:07:59.449 --> 00:08:02.000 human services? No. Okay. 00:08:02.000 --> 00:08:04.000 Councilmember Rodin Library Board. 00:08:04.000 --> 00:08:07.000 Renominating Patrick McLeod. 00:08:07.000 --> 00:08:09.000 He's currently serving. 00:08:09.000 --> 00:08:12.000 Okay. 00:08:12.000 --> 00:08:16.000 Parks and Recreation Councilmember Rodin. 00:08:16.000 --> 00:08:19.000 This is the punishment for not turning this in earlier. 00:08:19.000 --> 00:08:29.000 Renominating Vicki Bird. Currently serving. 00:08:29.000 --> 00:08:32.000 Public Art Committee Councilmember Rodin. 00:08:32.000 --> 00:08:45.000 Renominating Glenn Ferris Squibbs. Currently serving. 00:08:45.000 --> 00:08:49.789 P.U.B. Councilmember Rodin. Renominating Lillia Chavez Byn 00:08:49.789 --> 00:08:56.000 um. Currently serving. 00:08:56.000 --> 00:08:58.000 And Mayor pro tem Gregory. 00:08:58.000 --> 00:09:03.000 I'm not ready with that one. I actually do have a name for 00:09:03.000 --> 00:09:05.000 the Human Services Advisory Committee. 00:09:05.000 --> 00:09:08.000 Okay. All right. 00:09:08.000 --> 00:09:14.000 Meredith Bui B U I E. 00:09:14.000 --> 00:09:22.000 Oh, okay. 00:09:22.000 --> 00:09:29.000 I believe that's all the vacancies at the moment. 00:09:29.000 --> 00:09:35.330 I did want to mention that we will have this updated and 00:09:35.330 --> 00:09:39.799 Jane will bring me some clean sheets that have all these 00:09:39.799 --> 00:09:41.000 new nominations on them. 00:09:41.000 --> 00:09:48.070 And should the nominations go through as is on this sheet, 00:09:48.070 --> 00:09:55.000 if you nominated Kent Key, Lisa, is it Piper? 00:09:55.000 --> 00:09:56.000 Peeper. 00:09:56.000 --> 00:09:58.000 Peeper? What'd you say? 00:09:58.000 --> 00:09:59.000 Peeper. 00:09:59.000 --> 00:10:00.000 Peeper. 00:10:00.000 --> 00:10:04.000 Andrew Rosell or Greg Sockle. 00:10:04.000 --> 00:10:08.190 I don't have applications for them, and so I have no way of 00:10:08.190 --> 00:10:12.000 getting a hold of them or confirming their status. 00:10:12.000 --> 00:10:16.340 So if you could get a hold of them and ask them to complete 00:10:16.340 --> 00:10:19.000 an application and send it in. 00:10:19.000 --> 00:10:22.389 And then also I wanted to mention that as you consider 00:10:22.389 --> 00:10:25.000 these, we can do them by board. 00:10:25.000 --> 00:10:29.600 Do say, for example, Airport Advisory Board, but should you 00:10:29.600 --> 00:10:34.000 decide you maybe want to vote on some of those separately, 00:10:34.000 --> 00:10:37.100 just as an example, say you wanted to vote on Stu Moorhead 00:10:37.100 --> 00:10:40.990 separately, you could say, well, I'd make a motion to vote 00:10:40.990 --> 00:10:45.690 for so and so, but I'd like to vote separately on so and so 00:10:45.690 --> 00:10:48.000 , if that makes sense. 00:10:48.000 --> 00:10:52.419 So you have the ability to pull one or a number out from 00:10:52.419 --> 00:10:57.000 the board and vote on that nomination separately. 00:10:57.000 --> 00:10:58.000 Yes. 00:10:58.000 --> 00:11:00.000 Can an application be filled out online? 00:11:00.000 --> 00:11:02.000 Mm-hmm. Yeah, it's online. 00:11:02.000 --> 00:11:03.000 Okay. 00:11:03.000 --> 00:11:06.000 Andrew Rosell, fill out your application online. 00:11:06.000 --> 00:11:10.000 I'm texting you. 00:11:10.000 --> 00:11:12.000 Because I bet that Andrew's watching right now. 00:11:12.000 --> 00:11:14.000 Yes, I'm sure he is. 00:11:14.000 --> 00:11:20.580 Is there any other questions or nominations that I can help 00:11:20.580 --> 00:11:22.000 you with? 00:11:22.000 --> 00:11:28.019 In more discussion on this, in the past, we've generally 00:11:28.019 --> 00:11:31.820 just taken the entire sheet and said move approval of all 00:11:31.820 --> 00:11:33.000 of the names. 00:11:33.000 --> 00:11:37.190 I do have a concern regarding the Animal Shelter Advisory 00:11:37.190 --> 00:11:41.299 Committee, and so I'll be asking for us to vote on that one 00:11:41.299 --> 00:11:45.190 as a separate from the rest, and if there are any of you 00:11:45.190 --> 00:11:48.730 that want to vote on any of the others separately from the 00:11:48.730 --> 00:11:52.200 rest, just make mention of that when it comes to this point 00:11:52.200 --> 00:11:53.000 in the agenda. 00:11:53.000 --> 00:11:56.000 Or you could tell me now and we'll have that ready. 00:11:56.000 --> 00:11:59.840 I did have one further question too about the Zoning Board 00:11:59.840 --> 00:12:03.870 of Adjustment with the alternate position. If that had been 00:12:03.870 --> 00:12:07.000 resolved or if we're going to vote on that separately. 00:12:07.000 --> 00:12:09.029 Apparently what we're going to do, my understanding is we 00:12:09.029 --> 00:12:10.000 're just going to vote. 00:12:10.000 --> 00:12:11.000 Okay. 00:12:11.000 --> 00:12:14.000 We'll, so we'll have to take that out. 00:12:14.000 --> 00:12:15.000 Okay. 00:12:15.000 --> 00:12:16.000 Pull that for a separate vote. 00:12:16.000 --> 00:12:19.000 Okay. 00:12:19.000 --> 00:12:24.000 So we'll pull at least two of them that I know of. 00:12:24.000 --> 00:12:26.000 Okay. 00:12:26.000 --> 00:12:30.000 Anything else on boards and commission nominations. 00:12:30.000 --> 00:12:36.740 Do we okay so we have another item, which is hold a 00:12:36.740 --> 00:12:41.350 discussion on complementary amendments to the develop 00:12:41.350 --> 00:12:46.000 development code regarding gas well drilling ordinance. 00:12:46.000 --> 00:12:49.250 So we're going to have some complex. Is this where we 00:12:49.250 --> 00:12:53.000 complement certain parts of the ordinance or. 00:12:53.000 --> 00:12:54.000 Okay. 00:12:54.000 --> 00:12:56.000 Yeah, certain staff. 00:12:56.000 --> 00:13:01.000 So, we'll, we'll open that item three B. 00:13:01.000 --> 00:13:04.019 Are there any things that that the council wants to talk 00:13:04.019 --> 00:13:05.000 about in here. 00:13:05.000 --> 00:13:09.850 Any other recommended changes or additions to what we did 00:13:09.850 --> 00:13:14.590 and closed session, or you can wait and talk about those 00:13:14.590 --> 00:13:18.000 and the regular session. 00:13:18.000 --> 00:13:19.000 Yes sir. 00:13:19.000 --> 00:13:22.509 Mayor pro tem, should we announce possibly how we're going 00:13:22.509 --> 00:13:24.000 to do the order of events. 00:13:24.000 --> 00:13:27.460 Yeah, when as soon as we get in after we've done, done the 00:13:27.460 --> 00:13:31.000 call to order and the pledges I'll explain the order. 00:13:31.000 --> 00:13:32.000 Thank you. 00:13:32.000 --> 00:13:34.000 Yeah. 00:13:34.000 --> 00:13:36.000 Anything else to discuss here. 00:13:36.000 --> 00:13:39.940 Yes, is this where we can pull out something on the agenda 00:13:39.940 --> 00:13:42.000 or should we have already. 00:13:42.000 --> 00:13:48.000 If you want to pull out well at this particular point, will 00:13:48.000 --> 00:13:48.000 . 00:13:48.000 --> 00:13:50.350 If you're going to do that and help to know that we've got 00:13:50.350 --> 00:13:52.600 the right staff here if you're going to pull it out and 00:13:52.600 --> 00:13:54.000 need staff response to it. 00:13:54.000 --> 00:13:57.980 I talked to Brian earlier and he said that he was willing 00:13:57.980 --> 00:13:59.000 to do that. 00:13:59.000 --> 00:14:08.000 So which item on consent. 00:14:08.000 --> 00:14:11.000 Yeah, yes, he and D and E. 00:14:11.000 --> 00:14:15.000 Just so we can explain the process. 00:14:15.000 --> 00:14:19.230 So consent agenda, you're going to ask for items D and E 00:14:19.230 --> 00:14:22.000 for individual consideration. 00:14:22.000 --> 00:14:24.000 Okay. 00:14:24.000 --> 00:14:25.000 All right. 00:14:25.000 --> 00:14:27.000 Are we all good then? 00:14:27.000 --> 00:14:31.639 Then we will adjourn the work session and we will reconvene 00:14:31.639 --> 00:14:32.000 . 00:14:32.000 --> 00:14:34.000 I'm sorry to interrupt. 00:14:34.000 --> 00:14:36.779 Would it be beneficial if we heard that now since we have a 00:14:36.779 --> 00:14:39.320 little bit of time just since we're expecting a long 00:14:39.320 --> 00:14:40.000 meeting. 00:14:40.000 --> 00:14:42.000 I'm just as long as it's heard. 00:14:42.000 --> 00:14:46.000 As long as it's just. 00:14:46.000 --> 00:14:47.000 We're not posted for that. 00:14:47.000 --> 00:14:48.000 Okay. 00:14:48.000 --> 00:14:49.000 We need to wait till open session. 00:14:49.000 --> 00:14:52.500 So we'll do that in open session and we'll convene back in 00:14:52.500 --> 00:14:54.000 open session at six. 00:15:12.000 --> 00:15:17.000 Good evening. 00:15:17.000 --> 00:15:19.899 We're going to call the regular meeting of the Denton City 00:15:19.899 --> 00:15:21.000 Council to order. 00:15:21.000 --> 00:15:23.000 We have a quorum present. 00:15:23.000 --> 00:15:26.000 Mayor Watts may arrive later. 00:15:26.000 --> 00:15:28.000 I'm hoping that he does. 00:15:28.000 --> 00:15:32.450 In which case we will call a very short recess so that we 00:15:32.450 --> 00:15:34.000 can reconfigure the boards. 00:15:34.000 --> 00:15:41.000 I can move to my seat and he can resume his seat here. 00:15:41.000 --> 00:15:49.000 At this time we will stand for the pledge to the flags. 00:15:49.000 --> 00:15:52.419 I pledge allegiance to the flag of the United States of 00:15:52.419 --> 00:15:57.039 America and to the republic for which it stands, one nation 00:15:57.039 --> 00:16:03.000 under God, indivisible, with liberty and justice for all. 00:16:03.000 --> 00:16:10.669 I honor the Texas flag and pledge allegiance to thee, Texas 00:16:10.669 --> 00:16:16.000 , one state under God, one indivisible. 00:16:16.000 --> 00:16:19.230 We don't have any proclamations or presentations this 00:16:19.230 --> 00:16:20.000 evening. 00:16:20.000 --> 00:16:25.539 We will reorder the agenda just a little bit and hold the 00:16:25.539 --> 00:16:31.450 discussion for the gas well ordinance to the end and insert 00:16:31.450 --> 00:16:34.000 the public hearings. 00:16:34.000 --> 00:16:36.000 There are several people here for public hearings. 00:16:36.000 --> 00:16:40.000 It appears that those will go rather quickly. 00:16:40.000 --> 00:16:43.539 So we will do those public hearings and then we will go to 00:16:43.539 --> 00:16:47.000 the gas well drilling ordinance consideration. 00:16:47.000 --> 00:16:51.250 Also, remember on the gas well ordinance consideration, the 00:16:51.250 --> 00:16:53.000 public hearing is closed. 00:16:53.000 --> 00:16:55.659 And so if you would like to comment on the gas well 00:16:55.659 --> 00:16:59.000 drilling ordinance, we will take public comments. 00:16:59.000 --> 00:17:01.000 But you do need to fill out a blue card. 00:17:01.000 --> 00:17:03.950 You can get those here and hand them to one of the staff 00:17:03.950 --> 00:17:06.000 people and they will get them up. 00:17:06.000 --> 00:17:08.900 You can fill out a blue card if you want to speak or you 00:17:08.900 --> 00:17:12.000 can fill out a blue card even if you don't want to speak. 00:17:12.000 --> 00:17:17.000 Just make a clear statement as to what your position is. 00:17:17.000 --> 00:17:20.000 [ Inaudible ] 00:17:20.000 --> 00:17:25.000 And we need those blue cards in before the item is called. 00:17:25.000 --> 00:17:27.000 I'm getting coaching. 00:17:27.000 --> 00:17:29.000 I need a lot of coaching. 00:17:29.000 --> 00:17:32.000 We have a citizen's report on our agenda now. 00:17:32.000 --> 00:17:35.549 And it is receive a citizen's report from Monica Jones 00:17:35.549 --> 00:17:38.799 regarding a complaint on animal control and code 00:17:38.799 --> 00:17:40.000 enforcement. 00:17:40.000 --> 00:17:44.000 Is Ms. Jones here? 00:17:44.000 --> 00:17:46.000 She is not. 00:17:46.000 --> 00:17:51.000 So we will go to item four, consent agenda items. 00:17:51.000 --> 00:17:53.000 There's a motion from Mr. Hawkins. 00:17:53.000 --> 00:17:55.000 >> Thank you, Mayor Pro Tem. 00:17:55.000 --> 00:17:59.309 I move approval of consent agenda items A through P, but we 00:17:59.309 --> 00:18:01.000 are pulling D and E. 00:18:01.000 --> 00:18:02.000 >> Okay. 00:18:02.000 --> 00:18:03.000 Mr. Broden. 00:18:03.000 --> 00:18:04.000 >> I second that. 00:18:04.000 --> 00:18:05.000 >> All right. 00:18:05.000 --> 00:18:08.240 There's a motion and a second to approve the consent agenda 00:18:08.240 --> 00:18:10.000 , but pulling items D and E. 00:18:10.000 --> 00:18:19.000 Please vote on the board. 00:18:19.000 --> 00:18:21.000 The item passes 6-0. 00:18:21.000 --> 00:18:25.000 Then we will go to consent agenda item D. 00:18:25.000 --> 00:18:28.000 Mr. Manager. 00:18:28.000 --> 00:18:29.000 >> Thank you, Mr. Mayor. 00:18:29.000 --> 00:18:31.759 I would like to call on Chuck Springer, our director of 00:18:31.759 --> 00:18:34.640 finance, if he would address in fact both of these items D 00:18:34.640 --> 00:18:37.000 and E and he can take those one at a time. 00:18:37.000 --> 00:18:39.000 Thank you, Chuck. 00:18:39.000 --> 00:18:40.000 >> Thank you. 00:18:40.000 --> 00:18:52.000 Mayor and members of council. 00:18:52.000 --> 00:18:56.000 Make sure I have the items correct in the order. 00:18:56.000 --> 00:19:00.299 Item D is a budget amendment for two departments within the 00:19:00.299 --> 00:19:01.000 city. 00:19:01.000 --> 00:19:03.000 One of them is materials management. 00:19:03.000 --> 00:19:06.369 We run a warehouse operation in the city and we've seen 00:19:06.369 --> 00:19:11.000 mainly because of the increased capital program, just a 00:19:11.000 --> 00:19:15.000 large dollar increase in purchases through the warehouse. 00:19:15.000 --> 00:19:18.119 The warehouse actually buys the goods and keeps them in 00:19:18.119 --> 00:19:19.000 inventory. 00:19:19.000 --> 00:19:21.470 And then when they're used by the departments, the 00:19:21.470 --> 00:19:23.000 departments are charged. 00:19:23.000 --> 00:19:26.019 So there's kind of a pass through of the funds are 00:19:26.019 --> 00:19:29.740 increased so far this year and warehouse purchases is up by 00:19:29.740 --> 00:19:31.000 about 34%. 00:19:31.000 --> 00:19:34.420 So we're really just amending that budget to cover the 00:19:34.420 --> 00:19:38.230 warehouse expenses for the purchase and sale of those items 00:19:38.230 --> 00:19:40.000 in the capital program. 00:19:40.000 --> 00:19:45.819 The second item is amending D and E's operating budget for 00:19:45.819 --> 00:19:48.000 $10 million. 00:19:48.000 --> 00:19:53.390 This is really for the use of these funds to pay down some 00:19:53.390 --> 00:19:57.839 of the TMPA debt with a cash payment versus refinancing 00:19:57.839 --> 00:20:03.000 that debt through 2024, a portion of it. 00:20:03.000 --> 00:20:06.000 So it relates to item E. 00:20:06.000 --> 00:20:10.000 But that's really what the expenditure is for. 00:20:10.000 --> 00:20:14.019 Conservatively, because of savings in the energy management 00:20:14.019 --> 00:20:17.660 group, we probably won't need nearly all of this $10 00:20:17.660 --> 00:20:21.000 million in terms of total budgetary authority. 00:20:21.000 --> 00:20:24.869 But we wanted to be conservative to make sure we let the 00:20:24.869 --> 00:20:29.000 council know what we were doing with the refinancing. 00:20:29.000 --> 00:20:32.000 I don't see any request for discussion. 00:20:32.000 --> 00:20:36.000 Is there a motion for item D? 00:20:36.000 --> 00:20:37.000 Mr. Johnson. 00:20:37.000 --> 00:20:39.000 Move approval of item D. 00:20:39.000 --> 00:20:40.000 Mr. Hawkins. 00:20:40.000 --> 00:20:41.000 I second. 00:20:41.000 --> 00:20:42.000 All right. 00:20:42.000 --> 00:20:50.000 Let's vote on the board on item D. 00:20:50.000 --> 00:20:52.000 It passes 6-0. 00:20:52.000 --> 00:20:54.000 Is there a motion for item E? 00:20:54.000 --> 00:20:55.000 Mr. Roden. 00:20:55.000 --> 00:20:59.000 I move approval of item E. 00:20:59.000 --> 00:21:00.000 Oh, did you do? 00:21:00.000 --> 00:21:01.000 I thought you did both. 00:21:01.000 --> 00:21:04.000 Pardon me. 00:21:04.000 --> 00:21:07.000 Well, let's go ahead and do your presentation. 00:21:07.000 --> 00:21:09.000 I'll make it very brief. 00:21:09.000 --> 00:21:16.089 Item E is authorization to issue some refunding bonds for 00:21:16.089 --> 00:21:19.000 the utility system. 00:21:19.000 --> 00:21:21.000 There's really two items here. 00:21:21.000 --> 00:21:25.549 One is refinancing some of the TMPA debt that comes due in 00:21:25.549 --> 00:21:28.000 the upcoming fiscal year. 00:21:28.000 --> 00:21:32.000 There's about $25 million in debt payments. 00:21:32.000 --> 00:21:36.000 A portion of that can be refinanced or extended out. 00:21:36.000 --> 00:21:40.000 What we plan to do here is take that $10 million in cash 00:21:40.000 --> 00:21:43.829 plus about $3 million in bonds to refinance that through 00:21:43.829 --> 00:21:45.000 2024. 00:21:45.000 --> 00:21:48.700 The purpose of that is just to try to level out the impact 00:21:48.700 --> 00:21:52.660 on our ratepayers from this debt that's coming due from TMP 00:21:52.660 --> 00:21:53.000 A. 00:21:53.000 --> 00:21:56.450 The rest of it, the majority of the refunding, is some 00:21:56.450 --> 00:22:03.000 utility bonds issued in 2005, 2006 that can be refinanced. 00:22:03.000 --> 00:22:06.650 The debt schedule will remain the same in terms of the 00:22:06.650 --> 00:22:09.000 years that we're refinancing, 00:22:09.000 --> 00:22:13.730 but it's really taking debt that I think averages about 4.8 00:22:13.730 --> 00:22:17.000 % and refinancing it at about 2.2%. 00:22:17.000 --> 00:22:22.400 The total savings from the refinancing is over $3 million 00:22:22.400 --> 00:22:26.000 because of the lower interest rate. 00:22:26.000 --> 00:22:29.769 This parameters ordinance just gives us the ability to have 00:22:29.769 --> 00:22:33.289 a competitive sale over the next couple weeks to sell the 00:22:33.289 --> 00:22:34.000 bonds. 00:22:34.000 --> 00:22:39.670 In the past, we've had some concern expressed by citizens 00:22:39.670 --> 00:22:44.000 because of issues of refinancing. 00:22:44.000 --> 00:22:48.859 Some folks would describe that as simply delaying payment 00:22:48.859 --> 00:22:53.000 or extending it or not paying on the principal. 00:22:53.000 --> 00:22:56.420 But this is not an attempt to avoid paying it. It's an 00:22:56.420 --> 00:22:58.000 attempt to pay it early. 00:22:58.000 --> 00:23:01.559 Well, it's really paying it over the same term. We're just 00:23:01.559 --> 00:23:03.000 saving interest costs. 00:23:03.000 --> 00:23:06.490 So what we call this is kind of a level savings. In other 00:23:06.490 --> 00:23:10.160 words, we try to level out the savings in each year across 00:23:10.160 --> 00:23:11.000 the term. 00:23:11.000 --> 00:23:15.259 So we're still paying off the debt in the same length of 00:23:15.259 --> 00:23:17.740 time. We just have a lower interest rate, so our total 00:23:17.740 --> 00:23:19.000 payment is lower. 00:23:19.000 --> 00:23:22.859 It would be the same as taking a 15-year home mortgage and 00:23:22.859 --> 00:23:26.470 refinancing it for 15 years the same term, but a lower 00:23:26.470 --> 00:23:28.000 interest rate so you have lower costs. 00:23:28.000 --> 00:23:31.000 So dropping it from 1% to what percent? 00:23:31.000 --> 00:23:36.579 I think it's average about 4.84% to an estimated about 2.2 00:23:36.579 --> 00:23:37.000 %. 00:23:37.000 --> 00:23:39.000 For a savings of? 00:23:39.000 --> 00:23:40.000 Okay. 00:23:40.000 --> 00:23:41.000 You said it before. 00:23:41.000 --> 00:23:44.000 About 2 million? 00:23:44.000 --> 00:23:48.049 Yeah, there's, let me give you two numbers in terms of the 00:23:48.049 --> 00:23:49.000 savings. 00:23:49.000 --> 00:23:57.000 One is the net present value savings of about 2.79 million 00:23:57.000 --> 00:23:59.000 over the term of it. 00:23:59.000 --> 00:24:07.549 But in terms of the actual savings when we apply the, 00:24:07.549 --> 00:24:17.000 excuse me, when we apply funds we have on reserve utility 00:24:17.000 --> 00:24:19.000 bonds require a reserve fund. 00:24:19.000 --> 00:24:22.559 And when we apply those reserve funds, the total savings 00:24:22.559 --> 00:24:26.000 with the application of that is about $7 million. 00:24:26.000 --> 00:24:28.000 Ms. Briggs. 00:24:28.000 --> 00:24:31.000 And this is to keep our rates from increasing? 00:24:31.000 --> 00:24:34.160 Yeah, I mean really the purpose of it is to keep our costs 00:24:34.160 --> 00:24:37.000 down as much as possible for the rate payers. 00:24:37.000 --> 00:24:39.000 Okay, thank you. 00:24:39.000 --> 00:24:43.410 Well, I want to say thank you to staff for recognizing a 00:24:43.410 --> 00:24:47.400 way of saving money and taking the initiative to bring it 00:24:47.400 --> 00:24:48.000 to us. 00:24:48.000 --> 00:24:51.000 We have a motion. Mr. Roden. 00:24:51.000 --> 00:24:55.000 Thank you, Mayor. I now move approval of agenda item eight. 00:24:55.000 --> 00:24:57.000 Thank you, Mr. Roden. Mr. Johnson. 00:24:57.000 --> 00:24:58.000 Second that. 00:24:58.000 --> 00:24:59.000 Thanks. 00:24:59.000 --> 00:25:03.000 Vote on the board then for item D. 00:25:03.000 --> 00:25:13.000 Excuse me, item E. 00:25:13.000 --> 00:25:15.000 Passes six zero. 00:25:15.000 --> 00:25:19.000 We are done with consent agenda. 00:25:19.000 --> 00:25:27.200 Go to items for individual consideration. This is consider 00:25:27.200 --> 00:25:27.759 nominations appointments to the city's boards and 00:25:27.759 --> 00:25:28.000 commissions. 00:25:28.000 --> 00:25:29.000 City secretary. 00:25:29.000 --> 00:25:34.180 That's fine. I like the city secretary, Jennifer Walters to 00:25:34.180 --> 00:25:36.000 please address this. 00:25:36.000 --> 00:25:41.000 Thank you, Mayor. 00:25:41.000 --> 00:25:43.000 You have in front of you. 00:25:43.000 --> 00:25:45.000 Can you hear me. 00:25:45.000 --> 00:25:46.000 Barely. 00:25:46.000 --> 00:25:50.000 Well, I can speak louder than that. 00:25:50.000 --> 00:26:17.000 I have in front of you a revised list of recessions. 00:26:17.000 --> 00:26:17.000 However, the number of revisions to the list is noted that 00:26:17.000 --> 00:26:17.000 the nomination from compliment or wrong was not eligible to 00:26:17.000 --> 00:26:17.000 be reappointed as considered in the term. 00:26:17.000 --> 00:26:35.000 I understand. 00:26:35.000 --> 00:26:39.650 So we're we're going to be pulling the nominations for the 00:26:39.650 --> 00:26:44.559 animal shelter advisory committee and the nominations for 00:26:44.559 --> 00:26:48.000 the zoning board of adjustment and Mr. 00:26:48.000 --> 00:26:50.900 So I move approval of everything except for those just 00:26:50.900 --> 00:26:53.490 noted by the mayor pro tem animal shelter advisory 00:26:53.490 --> 00:26:56.000 committee and zoning board of adjustment. 00:26:56.000 --> 00:26:57.000 Thank you. 00:26:57.000 --> 00:26:58.000 Mr. Johnson. 00:26:58.000 --> 00:26:59.000 Second. 00:26:59.000 --> 00:27:13.000 Thank you. Then please vote on the board for our boards and 00:27:13.000 --> 00:27:13.000 commission nominations. 00:27:13.000 --> 00:27:18.279 Now, city secretary, I'm not sure if we can do this on the 00:27:18.279 --> 00:27:21.000 board or if we need to do it by hand. Can you give us 00:27:21.000 --> 00:27:22.000 direction. 00:27:22.000 --> 00:27:25.940 I think for animal shelter will just take each one of the 00:27:25.940 --> 00:27:28.000 nominees individually. 00:27:28.000 --> 00:27:31.569 How do you want to do that? We can take the animal shelter 00:27:31.569 --> 00:27:36.420 advisory committee and take the first name and y'all can 00:27:36.420 --> 00:27:39.000 vote and vote on the board. 00:27:39.000 --> 00:27:42.279 We can do that. All right. So then for the animal shelter 00:27:42.279 --> 00:27:45.450 advisory committee, the nomination is already there for 00:27:45.450 --> 00:27:48.000 David Zeltner and we have a request to speak. 00:27:48.000 --> 00:28:00.380 Ms. Wasney. David Zellner is my nomination for the animal 00:28:00.380 --> 00:28:01.000 advisory board. 00:28:01.000 --> 00:28:04.000 I stand behind my nomination. 00:28:04.000 --> 00:28:09.460 He is a licensed practicing veterinarian in the city of 00:28:09.460 --> 00:28:15.710 Denton, longtime resident of Denton, and he has volunteered 00:28:15.710 --> 00:28:18.000 for this position. 00:28:18.000 --> 00:28:20.000 Thank you. 00:28:20.000 --> 00:28:22.000 Any more discussion. 00:28:22.000 --> 00:28:28.000 Then all those in favor of Mr. Zeltner would. 00:28:28.000 --> 00:28:29.000 We're voting. 00:28:29.000 --> 00:28:34.000 Okay. 00:28:34.000 --> 00:28:39.450 Ms. Wasney has moved to nominate Mr. Zeltner. Is there a 00:28:39.450 --> 00:28:40.000 second? 00:28:40.000 --> 00:28:42.000 Ms. Briggs. 00:28:42.000 --> 00:28:54.000 All right. Then let's vote on the board for Dr. Zeltner. 00:28:54.000 --> 00:29:00.460 That fails four to two for Kathleen Duffy. Is there a 00:29:00.460 --> 00:29:02.000 motion? Mr. Roden. 00:29:02.000 --> 00:29:04.730 Mayor, I move approval of nominating, appointing Kathleen D 00:29:04.730 --> 00:29:07.000 uffy to the animal shelter advisory committee. 00:29:07.000 --> 00:29:09.000 All right, Mr. Hawkins. I second. 00:29:09.000 --> 00:29:22.000 All right. Please vote on the board. Kathleen Duffy. 00:29:22.000 --> 00:29:27.000 Thank you. Now we'll go to the zoning board of adjustment. 00:29:27.000 --> 00:29:32.000 There are nominations. 00:29:32.000 --> 00:29:36.190 Would it be acceptable for the count? Okay, Mr. Roden, you 00:29:36.190 --> 00:29:37.000 've got a motion. 00:29:37.000 --> 00:29:39.900 Mayor, I would move approval for, I'm going to separate 00:29:39.900 --> 00:29:42.000 this out a bit to get to the relevant one. 00:29:42.000 --> 00:29:45.380 So I'll move approval of the nominees, John Morris, Sarah 00:29:45.380 --> 00:29:50.000 Bagheri, John Paradise, Greg Sacco, and Connie Baker. 00:29:50.000 --> 00:29:53.450 There's a motion for those names as listed. Is there a 00:29:53.450 --> 00:29:55.000 second? Mr. Johnson. 00:29:55.000 --> 00:30:02.250 Second that. Thank you. All those in favor of the list as 00:30:02.250 --> 00:30:09.000 presented by Mr. Roden, please vote. 00:30:09.000 --> 00:30:12.000 And now we have the alternate. Mr. Roden. 00:30:12.000 --> 00:30:14.470 Mayor, I move approval of appointing Marshall Surrett to 00:30:14.470 --> 00:30:16.000 the zoning board of adjustment. 00:30:16.000 --> 00:30:18.000 Is there a second? Mr. Johnson. 00:30:18.000 --> 00:30:21.250 Second that. All right. There's a motion and a second. Is 00:30:21.250 --> 00:30:24.000 there any discussion? 00:30:24.000 --> 00:30:27.190 Then let's vote on the board. Oh, excuse me. Excuse me. We 00:30:27.190 --> 00:30:29.000 do have discussion. 00:30:29.000 --> 00:30:32.390 Can we hold off on the vote? Did you want to discuss? Yes. 00:30:32.390 --> 00:30:34.000 Thank you, Mayor Pro Tem. 00:30:34.000 --> 00:30:36.769 I did want to just note that this is a reappointment, right 00:30:36.769 --> 00:30:38.000 ? Yes. 00:30:38.000 --> 00:30:43.000 And just his attendance was good and that sort of thing. 00:30:43.000 --> 00:30:45.000 Just putting those things into record. 00:30:45.000 --> 00:30:48.380 Okay. Thank you. Is there any other discussion? I can't see 00:30:48.380 --> 00:30:51.000 it on my board. So you're going to have to raise your hand. 00:30:51.000 --> 00:30:57.089 Ms. Wasney. Just to clarify, because we have two names in 00:30:57.089 --> 00:30:59.000 front of us. 00:30:59.000 --> 00:31:03.059 So we're voting for one first and then the second one 00:31:03.059 --> 00:31:06.000 second. How does that? 00:31:06.000 --> 00:31:15.769 Because of the way the motion was made, if Mr. Surrett gets 00:31:15.769 --> 00:31:18.000 a majority vote, then we're done. 00:31:18.000 --> 00:31:23.440 Is that your understanding? Good. I'm Mayor Pro Tem. Good 00:31:23.440 --> 00:31:26.000 job there with the gavel. 00:31:26.000 --> 00:31:28.480 There were two ways to approach this. It could have been a 00:31:28.480 --> 00:31:31.000 nomination process or it could be a motion to make the 00:31:31.000 --> 00:31:32.000 appointment. 00:31:32.000 --> 00:31:34.940 The motion came into a point. So that's the motion on the 00:31:34.940 --> 00:31:38.000 table right now. It does have a second. 00:31:38.000 --> 00:31:42.000 So do you have more discussion, Ms. Wasney? 00:31:42.000 --> 00:31:47.700 So the only way to look at candidate number two would be if 00:31:47.700 --> 00:31:54.000 this doesn't pass. That's correct. 00:31:54.000 --> 00:32:02.220 Mr. Johnson. Thank you, Mayor Pro Tem. I guess what I would 00:32:02.220 --> 00:32:02.990 just say to clarify is that what we're really talking about 00:32:02.990 --> 00:32:07.740 here is not necessarily that one of these particular people 00:32:07.740 --> 00:32:09.869 is better or more qualified or anything else than the other 00:32:09.869 --> 00:32:10.000 . 00:32:10.000 --> 00:32:14.809 It's simply Mr. Surrett is a reappointment. He has never 00:32:14.809 --> 00:32:19.259 missed a meeting and is willing to continue to serve and I 00:32:19.259 --> 00:32:24.109 think has been a pretty productive member of the board. So 00:32:24.109 --> 00:32:26.000 that's why I'll be supporting it. 00:32:26.000 --> 00:32:30.000 Okay. Ms. Briggs. 00:32:30.000 --> 00:32:34.769 My nomination was for Kathy McMullen. The spot was empty 00:32:34.769 --> 00:32:39.170 and so I made a nomination as her for the alternate and so 00:32:39.170 --> 00:32:44.000 that is the other person in question here for the vote. 00:32:44.000 --> 00:32:46.490 Okay. And you guys are going to have to raise your hands 00:32:46.490 --> 00:32:48.210 because I'm not seeing anything on my board about who's 00:32:48.210 --> 00:32:49.000 wanting to speak. 00:32:49.000 --> 00:32:52.000 We haven't seen. 00:32:52.000 --> 00:32:58.799 Anybody else want to speak. Okay, then, if there's no more 00:32:58.799 --> 00:33:07.819 discussion, then the motion is to approve Marshall sort for 00:33:07.819 --> 00:33:16.069 the alternate position on zoning Board of Adjustment, 00:33:16.069 --> 00:33:18.000 please vote. 00:33:18.000 --> 00:33:23.000 It carries six to two, four, four, excuse me, four to two. 00:33:23.000 --> 00:33:31.000 It went by way too fast. 00:33:31.000 --> 00:33:39.829 We will, as we said earlier delay item five be on the gas 00:33:39.829 --> 00:33:49.019 well drilling ordinance and move to public hearings. The 00:33:49.019 --> 00:33:49.319 first public hearing is six a hold a public hearing and 00:33:49.319 --> 00:33:49.660 consider a rezoning for from a neighborhood residential for 00:33:49.660 --> 00:33:50.000 in our four district to a community 00:33:50.000 --> 00:33:53.920 based use general district on approximately 8.4 acres of 00:33:53.920 --> 00:33:57.470 land generally located on the west side of easily lane. 00:33:57.470 --> 00:34:01.779 That's farm to market road 2181 approximately 600 feet 00:34:01.779 --> 00:34:05.039 north of Hickory Creek Road, the planning and zoning 00:34:05.039 --> 00:34:09.000 commission recommends approval, five to zero. 00:34:09.000 --> 00:34:11.400 Thank you, I'm gonna ask me visit or director of planning 00:34:11.400 --> 00:34:14.000 and development if she would present this public hearing. 00:34:14.000 --> 00:34:15.000 Thank you, Miss visit. 00:34:15.000 --> 00:34:20.000 Thank you Mayor pro temp and city council members. 00:34:20.000 --> 00:34:40.739 Good evening, everyone, good evening, everyone. Thank you 00:34:40.739 --> 00:34:48.150 for your attention. The first case you'll be considering 00:34:48.150 --> 00:34:48.389 tonight is a rezoning for sprouts shopping center. It's 00:34:48.389 --> 00:34:48.659 generally located at the west side of Teasley and 600 feet 00:34:48.659 --> 00:34:49.000 north of Hickory Creek Road. 00:34:49.000 --> 00:34:53.000 It's a community mixed use general. 00:34:53.000 --> 00:34:56.989 The future land use map is also designated as community 00:34:56.989 --> 00:34:58.000 mixed use. 00:34:58.000 --> 00:35:02.420 To give you a little bit of background on this site in 1999 00:35:02.420 --> 00:35:06.679 , this property was residential zoning and everything around 00:35:06.679 --> 00:35:11.429 it was residential zoning in 2005, the southeast corner of 00:35:11.429 --> 00:35:14.880 Hickory Creek and Teasley was rezoned to facilitate 00:35:14.880 --> 00:35:17.000 commercial development. 00:35:17.000 --> 00:35:21.769 Again in 2009, the southwest corner was zoned to facilitate 00:35:21.769 --> 00:35:26.309 commercial development and then in 2014, the northwest 00:35:26.309 --> 00:35:29.780 corner was zoned to facilitate further commercial 00:35:29.780 --> 00:35:33.769 development, specifically to accommodate sprouts in that 00:35:33.769 --> 00:35:36.809 shopping center at that time, which may be why you feel 00:35:36.809 --> 00:35:41.000 like you're hearing this twice now, but I'll get to that in 00:35:41.000 --> 00:35:42.000 a moment. 00:35:42.000 --> 00:35:46.320 The things that we have considered going into this zoning 00:35:46.320 --> 00:35:51.559 request is residential growth. When this when this property 00:35:51.559 --> 00:35:56.230 was zoned for residential originally, it was a very rural 00:35:56.230 --> 00:35:57.000 area. 00:35:57.000 --> 00:36:01.289 And over the last 10 to 15 years, we have really seen a 00:36:01.289 --> 00:36:05.250 huge growth in residential development out there and as a 00:36:05.250 --> 00:36:09.309 result that has spurred a need for commercial development 00:36:09.309 --> 00:36:13.420 in order to support the residential use, which is why we've 00:36:13.420 --> 00:36:18.050 seen these corners be rezoned over the last several years 00:36:18.050 --> 00:36:23.000 in order to support commercial uses. 00:36:23.000 --> 00:36:27.679 We also took into consideration the mobility plan. Hickory 00:36:27.679 --> 00:36:32.559 Creek Road and Teasley Lane are both primary arterials and 00:36:32.559 --> 00:36:37.590 therefore support a denser community mixed use development 00:36:37.590 --> 00:36:39.000 in that area. 00:36:39.000 --> 00:36:42.960 We also looked at the floodplain as we did our staff 00:36:42.960 --> 00:36:47.500 analysis to determine whether this existing tract would 00:36:47.500 --> 00:36:51.929 support the existing zoning of NR4 and if you'll take a 00:36:51.929 --> 00:36:56.449 look on the top left of the screen, you'll notice that the 00:36:56.449 --> 00:37:01.000 floodplain clips the top corner of the lot. 00:37:01.000 --> 00:37:04.639 And as a result, in order to develop this as a residential 00:37:04.639 --> 00:37:08.599 development, we would require a secondary access point into 00:37:08.599 --> 00:37:12.349 that property for the safety of the residents and the flood 00:37:12.349 --> 00:37:16.000 plain would prevent that from being able to happen. 00:37:16.000 --> 00:37:19.980 As such, their only entrance and exit into a residential 00:37:19.980 --> 00:37:24.099 neighborhood would be onto Teasley and as a result of that, 00:37:24.099 --> 00:37:27.980 we don't feel like that's an appropriate zoning for that 00:37:27.980 --> 00:37:31.550 area any longer and so it certainly supports a more 00:37:31.550 --> 00:37:37.000 commercial mixed use zoning. 00:37:37.000 --> 00:37:41.869 We also took into consideration the impending widening of 00:37:41.869 --> 00:37:43.000 Teasley Lane. 00:37:43.000 --> 00:37:46.889 We have been able to identify a median opening and an 00:37:46.889 --> 00:37:51.409 access point from Teasley Lane onto this specific property 00:37:51.409 --> 00:37:56.000 that provides connectivity to the property to the south, 00:37:56.000 --> 00:38:00.000 which would be the future Sprouts location and the property 00:38:00.000 --> 00:38:06.000 to the north, which is a pharmacy and a medical development 00:38:06.000 --> 00:38:06.000 . 00:38:06.000 --> 00:38:09.130 And so this does provide further connectivity through the 00:38:09.130 --> 00:38:11.000 commercial development area. 00:38:11.000 --> 00:38:14.780 The intent really, when Sprouts came in and rezoned the 00:38:14.780 --> 00:38:18.829 initial property, there was a request that the property to 00:38:18.829 --> 00:38:22.539 the north be rezoned as well for compatibility with the 00:38:22.539 --> 00:38:25.940 whole neighborhood and so they've been willing to 00:38:25.940 --> 00:38:29.639 accommodate that request and work with the adjacent 00:38:29.639 --> 00:38:33.000 property owners. 00:38:33.000 --> 00:38:35.900 Criteria for approving a rezoning is that it must conform 00:38:35.900 --> 00:38:39.000 to the land use element of the Denton Plan 2030. 00:38:39.000 --> 00:38:43.320 It does that the future land use plan calls for commercial 00:38:43.320 --> 00:38:46.869 mixed use in this area and that it should facilitate the 00:38:46.869 --> 00:38:50.199 adequate provision of utilities and infrastructure in the 00:38:50.199 --> 00:38:53.409 area, which we have analyzed and looked at the widening of 00:38:53.409 --> 00:38:57.500 Teasley and looked at the mobility in the area and 00:38:57.500 --> 00:39:03.000 determined that it is facilitating adequate provision. 00:39:03.000 --> 00:39:09.460 We mailed 13 required certified notices on June 21st and 42 00:39:09.460 --> 00:39:15.150 courtesy notices to property owners within 500 feet and we 00:39:15.150 --> 00:39:20.059 received one response to the legal notice in favor of the 00:39:20.059 --> 00:39:21.000 rezoning. 00:39:21.000 --> 00:39:24.579 The Planning and Zoning Commission recommends approval 50 00:39:24.579 --> 00:39:27.000 and staff recommends approval as well. 00:39:27.000 --> 00:39:30.159 And we do have the applicant here if you have any specific 00:39:30.159 --> 00:39:33.460 questions for them and they may wish to speak. Actually, I 00:39:33.460 --> 00:39:35.000 think they may be here. They might not be. I don't want to 00:39:35.000 --> 00:39:35.000 lie to you. 00:39:35.000 --> 00:39:36.000 They're here. 00:39:36.000 --> 00:39:40.000 All right. 00:39:40.000 --> 00:39:42.769 You're done with the presentation. We have a couple of 00:39:42.769 --> 00:39:45.000 questions from Council. Mr. Hawkins. 00:39:45.000 --> 00:39:47.940 Thank you Mayor Pro Tem. Tonight we're just deciding on the 00:39:47.940 --> 00:39:51.280 zoning change. There's a site plan has not been submitted 00:39:51.280 --> 00:39:53.000 or that is still being decided. 00:39:53.000 --> 00:39:54.000 That's correct. 00:39:54.000 --> 00:39:59.099 Yes. But it will the site plan and the design will have to 00:39:59.099 --> 00:40:01.000 meet all criteria for a large. Specific to the trees. 00:40:01.000 --> 00:40:03.000 Development like this. Yes, that's correct. 00:40:03.000 --> 00:40:04.000 Thank you Amy. 00:40:04.000 --> 00:40:05.000 Ms. Briggs. 00:40:05.000 --> 00:40:08.079 Well, that that answers my question. I was I was concerned 00:40:08.079 --> 00:40:11.159 I was looking at the the overall site location and it looks 00:40:11.159 --> 00:40:14.000 like the forest is getting smaller and smaller. 00:40:14.000 --> 00:40:18.000 And so I was curious about the the tree plan. 00:40:18.000 --> 00:40:21.010 That is upland habitat area. However, it's a commercial 00:40:21.010 --> 00:40:24.210 development. So they're not required to preserve it, but 00:40:24.210 --> 00:40:27.510 they would be required to mitigate it and then to replant 00:40:27.510 --> 00:40:30.989 per archery ordinance to provide the canopy coverage 00:40:30.989 --> 00:40:32.000 necessary. 00:40:32.000 --> 00:40:37.000 That's our current code. 00:40:37.000 --> 00:40:38.000 Mr. Roden. 00:40:38.000 --> 00:40:44.860 I have a quick question for the applicant if if they're 00:40:44.860 --> 00:40:51.000 available to answer. And it is quick, I think. 00:40:51.000 --> 00:40:54.639 I'm William Winkleman Winkleman associates a civil engineer 00:40:54.639 --> 00:40:59.000 at 6750 Hillcrest Plaza Drive Dallas, Texas 75230. 00:40:59.000 --> 00:41:02.150 Thanks for coming here today. And it's not often that as a 00:41:02.150 --> 00:41:05.170 council member you get asked a question over the weekend 00:41:05.170 --> 00:41:08.159 that you get an answer for within a couple days. And the 00:41:08.159 --> 00:41:10.340 question I was asked while I was at the community market is 00:41:10.340 --> 00:41:13.000 when is didn't going to get a sprouts. 00:41:13.000 --> 00:41:16.090 I said, well, as soon as we get everything approved. So 00:41:16.090 --> 00:41:17.000 that's the question. 00:41:17.000 --> 00:41:20.900 How any ETA should this be approved tonight and move 00:41:20.900 --> 00:41:24.070 forward in the process? Is there an ETA and a lot of folks 00:41:24.070 --> 00:41:26.000 are really interested in this sort of grocery store. 00:41:26.000 --> 00:41:29.000 Well, I don't want to speak out of turn. First of all, let 00:41:29.000 --> 00:41:32.000 me tell you that the staff here has been very good to us. 00:41:32.000 --> 00:41:36.059 I mean, I think the ETA would have been on regular schedule 00:41:36.059 --> 00:41:38.000 November or something. 00:41:38.000 --> 00:41:41.230 We've had some meetings as well yesterday, actually, and 00:41:41.230 --> 00:41:44.320 they're helping us with text out with the driveway and the 00:41:44.320 --> 00:41:47.000 preliminary plots actually tomorrow at PNC. 00:41:47.000 --> 00:41:51.570 So they have helped in my opinion, moving us up a meeting 00:41:51.570 --> 00:41:56.340 at least. So I think our developer would really like to be 00:41:56.340 --> 00:41:59.000 moving along in September. 00:41:59.000 --> 00:42:02.389 But again, I don't want to speak. You never know. But I 00:42:02.389 --> 00:42:06.550 mean, at this point, we are on track for getting approvals 00:42:06.550 --> 00:42:09.000 in September, if I'm correct. 00:42:09.000 --> 00:42:14.170 Mr. Winkleman, I'm new at this. So would you state your 00:42:14.170 --> 00:42:16.000 name and your address, please? 00:42:16.000 --> 00:42:19.750 I did do that. Oh, you did? Oh, that's how new I am. I didn 00:42:19.750 --> 00:42:22.000 't even listen. 00:42:22.000 --> 00:42:24.619 I'm not the one that's usually here. My son does this, but 00:42:24.619 --> 00:42:28.480 he had a child yesterday. So I'm a grandpa. So I had to 00:42:28.480 --> 00:42:30.000 come on second teams here. 00:42:30.000 --> 00:42:33.000 All right. Congratulations. Thank you. Thank you. 00:42:33.000 --> 00:42:38.840 I've been asked to when is sprouts coming? So thank you 00:42:38.840 --> 00:42:43.000 from the residents of Denton. We're excited. 00:42:43.000 --> 00:42:45.570 So thank you all. I know from our client and I've heard 00:42:45.570 --> 00:42:49.000 that from several people. And again, thanks to the staff. 00:42:49.000 --> 00:42:52.380 And I mean, it's all of them. I mean, Tracy, the whole 00:42:52.380 --> 00:42:55.469 crowd has really been a pleasure working with them and they 00:42:55.469 --> 00:42:57.000 've helped out a great deal. 00:42:57.000 --> 00:43:00.150 And I think it's going well, but we're not there yet, 00:43:00.150 --> 00:43:04.000 obviously. But we're working at it. But thank you all. And 00:43:04.000 --> 00:43:04.000 thank you, Council. 00:43:04.000 --> 00:43:11.000 Ms. Briggs. I'm just curious, how did you choose this site? 00:43:11.000 --> 00:43:15.429 Well, number one, I didn't, but I'm sure the client picked 00:43:15.429 --> 00:43:16.000 it. 00:43:16.000 --> 00:43:21.260 It's at a major thoroughfare intersection and they can get 00:43:21.260 --> 00:43:23.000 access because of the two tracks. 00:43:23.000 --> 00:43:26.389 The one we're zoning out, they getting access, the median 00:43:26.389 --> 00:43:28.630 opening coming through the other track is very important to 00:43:28.630 --> 00:43:29.000 them. 00:43:29.000 --> 00:43:32.380 And, you know, if you look around, there's a lot of housing 00:43:32.380 --> 00:43:33.000 there. 00:43:33.000 --> 00:43:36.219 The grocery stores, they have to have a certain number of 00:43:36.219 --> 00:43:39.800 rooftops before they even consider a site. So again, that's 00:43:39.800 --> 00:43:41.000 their decision. 00:43:41.000 --> 00:43:44.230 I just do the grading, drainage and paving and low life 00:43:44.230 --> 00:43:46.000 civil engineering stuff. 00:43:46.000 --> 00:43:48.210 I only ask because I live on the other side of town. So I 00:43:48.210 --> 00:43:50.000 was just, I was just curious. 00:43:50.000 --> 00:43:52.320 Well, if you find a site, I'm sure I'll give it to them 00:43:52.320 --> 00:43:55.000 because it means more work for me. That'd be great. 00:43:55.000 --> 00:43:56.000 Thank you. 00:43:56.000 --> 00:44:01.619 This is a public hearing and we only had the one blue card 00:44:01.619 --> 00:44:04.000 from the applicant. Did you have anything else that you 00:44:04.000 --> 00:44:04.000 wanted to share? 00:44:04.000 --> 00:44:07.000 Again, thanks to the staff. I really wanted to say that. 00:44:07.000 --> 00:44:10.610 Do we have any other citizens that wish to speak on this 00:44:10.610 --> 00:44:12.000 public hearing? 00:44:12.000 --> 00:44:16.000 Anyone else wishing to speak? 00:44:16.000 --> 00:44:18.000 Anyone else? 00:44:18.000 --> 00:44:22.000 Then we will close the public hearing. Mr. Hawkins. 00:44:22.000 --> 00:44:25.000 Thank you, Mayor Pro Tem. I move approval of item 6A. 00:44:25.000 --> 00:44:28.000 All right. Is there a second? Mr. Rogan. 00:44:28.000 --> 00:44:30.610 Before I second, I just want to say to Mr. City Manager and 00:44:30.610 --> 00:44:33.239 the staff, I love hearing compliments like that for the 00:44:33.239 --> 00:44:35.000 staff working through difficult issues. 00:44:35.000 --> 00:44:37.639 So thank you. Thanks for everyone involved working with 00:44:37.639 --> 00:44:40.000 them. I second this. 00:44:40.000 --> 00:44:43.000 I did walk down memory lane as I was looking at those maps. 00:44:43.000 --> 00:44:46.119 I remember about 25 years ago when the Denton Independent 00:44:46.119 --> 00:44:50.989 School District cited McNair Elementary School out on Hick 00:44:50.989 --> 00:44:52.000 ory Creek Road. 00:44:52.000 --> 00:44:57.090 There were only two students that lived within two miles of 00:44:57.090 --> 00:44:58.000 the school. 00:44:58.000 --> 00:45:02.960 And people were thinking that the school district was crazy 00:45:02.960 --> 00:45:08.000 to build. They referred to it as Corpus Christi Elementary. 00:45:08.000 --> 00:45:20.000 Things have changed. All right. Let's vote on the board. 00:45:20.000 --> 00:45:23.000 It passes unanimously. 00:45:23.000 --> 00:45:28.460 Going to item B, hold a public hearing and consider rez 00:45:28.460 --> 00:45:33.000 oning from a neighborhood residential 2, NR2 district to a 00:45:33.000 --> 00:45:37.429 community mixed use general district on approximately 1.7 00:45:37.429 --> 00:45:40.289 acres of land generally located on the east side of North 00:45:40.289 --> 00:45:44.480 Bonnie Bray Street, approximately 475 feet north of West 00:45:44.480 --> 00:45:46.000 University Drive. 00:45:46.000 --> 00:45:50.190 The Planning and Zoning Commission recommends approval of 00:45:50.190 --> 00:45:52.000 the request 5 to 0. 00:45:52.000 --> 00:45:54.199 Thank you, Mayor. I'm going to ask Amy Bissett or Director 00:45:54.199 --> 00:45:56.000 of Planning and Development to also address this item. 00:45:56.000 --> 00:45:58.710 And Amy, if you had another comment about the previous case 00:45:58.710 --> 00:46:01.000 that you will look like you were going to make. 00:46:01.000 --> 00:46:05.050 I can clarify that their preliminary plat is scheduled to 00:46:05.050 --> 00:46:09.099 go tomorrow along with their ADP and that their final plat 00:46:09.099 --> 00:46:13.400 we're shooting for September 2nd and looking at running as 00:46:13.400 --> 00:46:18.000 much of the building plan review concurrently as possible. 00:46:18.000 --> 00:46:26.000 They hope to break ground in September. 00:46:26.000 --> 00:46:30.190 All right. Our next request is also a rezoning from 00:46:30.190 --> 00:46:33.000 residential to a commercial zoning. 00:46:33.000 --> 00:46:35.750 And because my other hat is the Economic Development 00:46:35.750 --> 00:46:39.179 Director in the city, I can tell you that while I can't 00:46:39.179 --> 00:46:43.090 tell you who this is, I can tell you that you're going to 00:46:43.090 --> 00:46:46.000 love them just like you love sprouts. 00:46:46.000 --> 00:46:51.579 This is a consideration of a rezoning from NR2 to Community 00:46:51.579 --> 00:46:57.340 Mixed Use General on 1.7 acres of land. This is on the 00:46:57.340 --> 00:47:02.000 northeast corner of Bonnie Bray and University essentially. 00:47:02.000 --> 00:47:05.599 This is a little sliver of land that was formerly a part of 00:47:05.599 --> 00:47:07.000 North Lakes Park. 00:47:07.000 --> 00:47:11.820 We have now sold that property to the developer and they 00:47:11.820 --> 00:47:17.090 are also acquiring the property to the south, which is the 00:47:17.090 --> 00:47:22.320 old Billetter Ford site, so that they can combine that acre 00:47:22.320 --> 00:47:25.000 age for this development. 00:47:25.000 --> 00:47:27.000 I already said all of that. 00:47:27.000 --> 00:47:32.849 The existing zoning is NR2 and the proposed zoning is 00:47:32.849 --> 00:47:36.000 Community Mixed Use General. 00:47:36.000 --> 00:47:39.960 The future land use map shows that this is right on the 00:47:39.960 --> 00:47:44.000 line between commercial and parks and open space. 00:47:44.000 --> 00:47:49.000 Staff and their analysis considered the following things. 00:47:49.000 --> 00:47:52.000 This was originally zoned in 2002 as NR2. 00:47:52.000 --> 00:47:55.000 It was zoned that way because it's a park. 00:47:55.000 --> 00:47:58.000 Most parks are zoned NR. 00:47:58.000 --> 00:48:02.000 NR2 is primarily intended for single family residential. 00:48:02.000 --> 00:48:07.099 It's not an appropriate zoning now that it's in private 00:48:07.099 --> 00:48:13.000 ownership and immediately adjacent to commercial zoning. 00:48:13.000 --> 00:48:16.000 We looked at the location, the criteria for approval. 00:48:16.000 --> 00:48:19.239 We looked to see if the rezoning conforms to the land use 00:48:19.239 --> 00:48:22.000 element of the Denton Plan 2030. 00:48:22.000 --> 00:48:32.739 It does. That land use element is designated as commercial 00:48:32.739 --> 00:48:33.630 and that the rezoning facilitates the adequate provision of 00:48:33.630 --> 00:48:36.000 infrastructure and utilities. 00:48:36.000 --> 00:48:41.000 That is also being contemplated with their plat. 00:48:41.000 --> 00:48:43.340 Their conveyance plat goes to Planning and Zoning 00:48:43.340 --> 00:48:45.000 Commission tomorrow evening. 00:48:45.000 --> 00:48:48.860 We've already got our engineering department and TechStat 00:48:48.860 --> 00:48:53.000 involved on this one as well since it is a neighboring 380 00:48:53.000 --> 00:48:56.000 and it's right on the edge of the widening of Bonnie Bray. 00:48:56.000 --> 00:49:00.909 So we've already started taking a look at integrating this 00:49:00.909 --> 00:49:06.000 development into those current construction projects. 00:49:06.000 --> 00:49:09.000 Public notifications were mailed on June 21st. 00:49:09.000 --> 00:49:13.739 One property owner was notified that is within 200 feet and 00:49:13.739 --> 00:49:18.000 five within 500 feet were notified by courtesy. 00:49:18.000 --> 00:49:21.000 We received no responses. 00:49:21.000 --> 00:49:24.579 The Planning and Zoning Commission recommends approval 50 00:49:24.579 --> 00:49:27.000 and staff recommends approval as well. 00:49:27.000 --> 00:49:32.309 The applicant is here to answer any questions and they may 00:49:32.309 --> 00:49:38.000 wish to speak and I'm glad to answer any questions as well. 00:49:38.000 --> 00:49:43.000 Questions? 00:49:43.000 --> 00:49:48.000 So we're opening the public hearing. 00:49:48.000 --> 00:49:53.000 I do have some cards. We had some confusion with the cards, 00:49:53.000 --> 00:49:59.739 but I believe on this item, Mr. Beck, Larry Beck would like 00:49:59.739 --> 00:50:01.000 to speak on this item. 00:50:01.000 --> 00:50:06.000 Were you intending to speak on this public hearing? 00:50:06.000 --> 00:50:08.000 Just yes or no? 00:50:08.000 --> 00:50:11.000 Okay, I think we got them confused. 00:50:11.000 --> 00:50:16.000 Okay, forget the blue cards. 00:50:16.000 --> 00:50:19.579 Okay, so is there anyone that wishes to speak on this 00:50:19.579 --> 00:50:21.000 public hearing? 00:50:21.000 --> 00:50:25.000 Anyone wishing to speak? 00:50:25.000 --> 00:50:27.000 Final call. 00:50:27.000 --> 00:50:30.000 Then we'll close the public hearing. Mr. Hawkins. 00:50:30.000 --> 00:50:33.000 Thank you, Mayor Pro Tem. I move approval of item 6B. 00:50:33.000 --> 00:50:35.000 Thank you. Ms. Wasney. 00:50:35.000 --> 00:50:37.000 I second the motion. 00:50:37.000 --> 00:50:38.000 Thank you. 00:50:38.000 --> 00:50:55.000 Then no discussion. Please vote on the board. 00:50:55.000 --> 00:50:58.000 Passes unanimously. Thank you. 00:50:58.000 --> 00:51:01.659 The next item is item C, hold a public hearing and consider 00:51:01.659 --> 00:51:05.340 adoption of an ordinance of the City of Denton regarding an 00:51:05.340 --> 00:51:09.130 initial zoning district and use classification of 00:51:09.130 --> 00:51:13.260 neighborhood residential 1 and a specific use permit for a 00:51:13.260 --> 00:51:17.000 semi-public hall, club, or lodge. 00:51:17.000 --> 00:51:21.570 The approximately 10.8 acre site is generally located on 00:51:21.570 --> 00:51:26.170 the east side of Barthold Road and approximately 2700 feet 00:51:26.170 --> 00:51:28.000 north of Ganser Road. 00:51:28.000 --> 00:51:31.280 This would be adopting an amendment to the city's official 00:51:31.280 --> 00:51:34.250 zoning map and providing for a penalty in the maximum 00:51:34.250 --> 00:51:37.000 amount of $2,000 for violation. 00:51:37.000 --> 00:51:41.000 The Planning and Zoning Commission recommends approval 520. 00:51:41.000 --> 00:51:47.619 Thank you, Mayor. This is a public hearing and Ms. Bissett 00:51:47.619 --> 00:51:51.000 will also present this case. 00:51:51.000 --> 00:51:54.920 Thank you. This is a consideration of an initial zoning as 00:51:54.920 --> 00:51:57.000 well as a specific use permit. 00:51:57.000 --> 00:51:59.000 The applicant here is Denton Shop with a Cop. 00:51:59.000 --> 00:52:03.019 What we're essentially looking at is the Denton Police 00:52:03.019 --> 00:52:07.599 Officers Association having a location where their officers 00:52:07.599 --> 00:52:11.610 can go while on duty during their meal breaks in order to 00:52:11.610 --> 00:52:16.000 be able to cook a meal and relax for a little bit of time. 00:52:16.000 --> 00:52:19.380 But we'll start with just getting our bearings and what we 00:52:19.380 --> 00:52:22.000 're looking at from a zoning perspective. 00:52:22.000 --> 00:52:25.639 This is a request for an initial zoning to NR1 and a 00:52:25.639 --> 00:52:29.519 specific use permit for what the DDC defines as a semi-p 00:52:29.519 --> 00:52:32.000 ublic hall, club, or lodge. 00:52:32.000 --> 00:52:36.000 This is on approximately 10.8 acres. 00:52:36.000 --> 00:52:38.000 This is the location here. 00:52:38.000 --> 00:52:45.070 It is, it abuts Barthold Road and is a little bit south of 00:52:45.070 --> 00:52:47.000 Ganser Road. 00:52:47.000 --> 00:52:53.000 This is what the property looks like. 00:52:53.000 --> 00:52:57.820 It is currently zoned as Rural Residential RDX 5, which is 00:52:57.820 --> 00:53:02.469 the rural designation that is automatically zoned when we 00:53:02.469 --> 00:53:04.000 annex a property. 00:53:04.000 --> 00:53:06.000 This was annexed in 2010. 00:53:06.000 --> 00:53:09.000 We call this a placeholder zoning. 00:53:09.000 --> 00:53:13.059 The RDX 5 as a zoning is intended to maintain rural 00:53:13.059 --> 00:53:18.010 residential uses to preserve and protect farming, forest, 00:53:18.010 --> 00:53:22.750 and environmental and scenic values that would be incompat 00:53:22.750 --> 00:53:25.000 ible with development. 00:53:25.000 --> 00:53:32.000 The surrounding zoning is ETJ and RDX 5 today. 00:53:32.000 --> 00:53:38.309 The surrounding land uses are residential Ganser Estates, 00:53:38.309 --> 00:53:44.409 which is a 65-home, single-family home development where 00:53:44.409 --> 00:53:49.000 the lots range in size from about 1 1/2 acres to 11 acres. 00:53:49.000 --> 00:53:51.659 And the property we're contemplating today is a little over 00:53:51.659 --> 00:53:54.000 10 acres, so it's similar in size as those. 00:53:54.000 --> 00:53:58.659 There's also an event center just southeast over here, 00:53:58.659 --> 00:54:04.000 which is the Merritt Event Center, or Buffalo Event Center. 00:54:04.000 --> 00:54:06.000 It used to be called Merritt. 00:54:06.000 --> 00:54:07.000 I'm not sure which one it is today. 00:54:07.000 --> 00:54:10.000 And then there are agricultural uses as well. 00:54:10.000 --> 00:54:14.699 The Future Land Use Plan calls for a rural designation, or 00:54:14.699 --> 00:54:17.000 I'm sorry, rural areas. 00:54:17.000 --> 00:54:21.139 Their proposal is that they be allowed to use what is 00:54:21.139 --> 00:54:25.929 currently a single-family home, which is about 2,700 square 00:54:25.929 --> 00:54:28.000 feet that sits on about 10 acres. 00:54:28.000 --> 00:54:31.000 They want to be able to use that as a semi-public hall, 00:54:31.000 --> 00:54:35.000 which would provide daily meal breaks for their officers, 00:54:35.000 --> 00:54:39.340 which would generally look like one to two officers being 00:54:39.340 --> 00:54:43.000 there at a time, about 10 officers over a 24-hour period, 00:54:43.000 --> 00:54:45.659 and then about four times a year to be able to have general 00:54:45.659 --> 00:54:48.840 membership meetings there where they anticipate 10 to 12 00:54:48.840 --> 00:54:52.000 officers attending those, or I'm sorry, 12 to 15. 00:54:52.000 --> 00:54:56.000 This proposed use is not allowed in RD5X. 00:54:56.000 --> 00:54:59.539 However, it is allowed in NR1, which is why you're 00:54:59.539 --> 00:55:03.099 considering both a rezoning and a specific use permit 00:55:03.099 --> 00:55:04.000 tonight. 00:55:04.000 --> 00:55:14.190 The site itself, the structure would remain. They're 00:55:14.190 --> 00:55:15.619 proposing a future addition of 400 square feet for rest 00:55:15.619 --> 00:55:16.949 rooms in order to be able to accommodate those four general 00:55:16.949 --> 00:55:18.000 meetings a year that they would have. 00:55:18.000 --> 00:55:25.690 And if approved, the site would have to comply with all DDC 00:55:25.690 --> 00:55:31.000 requirements for a building permit. 00:55:31.000 --> 00:55:36.000 So they're requesting two things, an initial zoning of NR1, 00:55:36.000 --> 00:55:41.000 which is our lowest density designation for residential, 00:55:41.000 --> 00:55:46.000 and a specific use permit for their allowed use. 00:55:46.000 --> 00:55:49.079 The criteria for approval is that it must conform to the 00:55:49.079 --> 00:55:51.000 future land use designation. 00:55:51.000 --> 00:55:55.960 We looked at the zoning of NR1, which has a maximum density 00:55:55.960 --> 00:56:00.329 of one unit per acre that meets the low density goals of 00:56:00.329 --> 00:56:03.000 the Denton Plan 2030. 00:56:03.000 --> 00:56:08.449 And the intent of NR1 is that it will also maintain rural 00:56:08.449 --> 00:56:13.760 character and allow supporting uses such as veterinary 00:56:13.760 --> 00:56:19.820 clinics. It's a very similar description as the placeholder 00:56:19.820 --> 00:56:21.000 zoning. 00:56:21.000 --> 00:56:27.130 As I mentioned previously, the surrounding areas are 00:56:27.130 --> 00:56:34.190 established single family, Ganser Estates, which is a small 00:56:34.190 --> 00:56:37.000 number of large lots. 00:56:37.000 --> 00:56:41.190 The criteria for approval, the specific use permit, I'm 00:56:41.190 --> 00:56:44.000 sorry, the specific use must be compatible and not inj 00:56:44.000 --> 00:56:47.000 urious to the use and enjoyment of other property owners. 00:56:47.000 --> 00:56:49.940 The surrounding areas generally residential and 00:56:49.940 --> 00:56:54.829 agricultural. We expect very low or limited impact with 00:56:54.829 --> 00:56:56.000 this use. 00:56:56.000 --> 00:56:59.980 It's a very similar use as if it were just to remain a 00:56:59.980 --> 00:57:04.719 residential use and to not impact or impair property values 00:57:04.719 --> 00:57:09.000 or the enjoyment of the neighboring properties. 00:57:09.000 --> 00:57:13.550 The specific use must not impede the normal and orderly 00:57:13.550 --> 00:57:17.000 development of the surrounding area. 00:57:17.000 --> 00:57:20.670 The normal and orderly development would be to preserve its 00:57:20.670 --> 00:57:25.739 rural character. And so this would certainly be in keeping 00:57:25.739 --> 00:57:27.000 with that. 00:57:27.000 --> 00:57:31.139 All driveways and parking spaces must provide for safe and 00:57:31.139 --> 00:57:33.000 convenient movement. 00:57:33.000 --> 00:57:36.110 The current driveway and proposed parking area is 00:57:36.110 --> 00:57:39.559 consistent with surrounding properties. It is a gravel 00:57:39.559 --> 00:57:44.000 driveway which would be allowed to remain. 00:57:44.000 --> 00:57:47.010 And they would need around six parking spaces by our 00:57:47.010 --> 00:57:52.360 estimation. And there's a very long driveway with plenty of 00:57:52.360 --> 00:57:55.000 room to park there today. 00:57:55.000 --> 00:57:58.940 Sufficient landscaping and screening to ensure harmony. We 00:57:58.940 --> 00:58:02.670 don't anticipate that this would generate a nuisance at all 00:58:02.670 --> 00:58:03.000 . 00:58:03.000 --> 00:58:08.400 They're going to maintain the rest of the property as a 00:58:08.400 --> 00:58:10.000 green space. 00:58:10.000 --> 00:58:13.219 We had originally made a recommendation that they add some 00:58:13.219 --> 00:58:16.000 additional landscaping along the southern edge. 00:58:16.000 --> 00:58:19.570 And the planning and zoning commission didn't feel that 00:58:19.570 --> 00:58:23.199 that was a necessary criteria, which I'll get to in just a 00:58:23.199 --> 00:58:24.000 moment. 00:58:24.000 --> 00:58:27.500 It's got to be in similar scale, bulk and coverage, which 00:58:27.500 --> 00:58:32.000 this is maintaining the existing scale and not changing 00:58:32.000 --> 00:58:38.000 with the exception of adding 400 square feet for restrooms. 00:58:38.000 --> 00:58:41.710 We don't anticipate that the use of this property will 00:58:41.710 --> 00:58:45.000 significantly impact traffic whatsoever. 00:58:45.000 --> 00:58:49.409 Architecturally compatible with the area. This is a, as you 00:58:49.409 --> 00:58:53.210 saw in the picture, this is a barn style, architecture 00:58:53.210 --> 00:58:58.190 style. And it's consistent with what's in that rural area 00:58:58.190 --> 00:58:59.000 today. 00:58:59.000 --> 00:59:02.429 The proposed use must meet noise requirements. We had 00:59:02.429 --> 00:59:07.000 initially, as staff, recommended limiting the use of hours 00:59:07.000 --> 00:59:09.000 to reduce any noise impacts. 00:59:09.000 --> 00:59:11.710 But the planning and zoning commission didn't feel that 00:59:11.710 --> 00:59:14.510 that was a necessary limitation or condition to put on them 00:59:14.510 --> 00:59:18.000 since it's going to be such a low amount of traffic. 00:59:18.000 --> 00:59:24.139 And the officers work 24 hour shifts, so they would want to 00:59:24.139 --> 00:59:29.000 be able to have the use of that facility as well. 00:59:29.000 --> 00:59:32.280 The applicant proposes activities which are low intensity 00:59:32.280 --> 00:59:35.449 and the reuse of the existing single family dwelling will 00:59:35.449 --> 00:59:38.159 have little to no impact on the surrounding built 00:59:38.159 --> 00:59:39.000 environment. 00:59:39.000 --> 00:59:42.429 And will allow the adjacent properties to develop with the 00:59:42.429 --> 00:59:45.000 rural character that they already have. 00:59:45.000 --> 00:59:48.960 We mailed out two notifications in 200 feet and six 00:59:48.960 --> 00:59:56.000 courtesy notifications. We received no responses. 00:59:56.000 --> 00:59:59.099 The staff recommend approval of this subject to a couple of 00:59:59.099 --> 01:00:02.000 conditions, which I'll go through momentarily. 01:00:02.000 --> 01:00:05.239 And the planning and zoning commission recommends approval 01:00:05.239 --> 01:00:08.000 of this request with the following conditions. 01:00:08.000 --> 01:00:11.570 That any additional improvements above and beyond the 400 01:00:11.570 --> 01:00:15.070 square feet that they're planning already would require 01:00:15.070 --> 01:00:18.090 them to come in and get approval of a new specific use 01:00:18.090 --> 01:00:19.000 permit. 01:00:19.000 --> 01:00:22.420 And that the approval of the SUP is for the Denton Police 01:00:22.420 --> 01:00:25.920 Officers Association only and cannot be transferred to 01:00:25.920 --> 01:00:30.130 another entity if they ever decided to sell or make other 01:00:30.130 --> 01:00:32.000 use of that property. 01:00:32.000 --> 01:00:35.000 With that, I will answer any questions. 01:00:35.000 --> 01:00:37.000 Ms. Briggs. 01:00:37.000 --> 01:00:42.380 I have a question. If the neighbors have an issue with 01:00:42.380 --> 01:00:45.000 noise, who do they call? 01:00:45.000 --> 01:00:50.099 They would call us. We would go out and test the noise 01:00:50.099 --> 01:00:52.000 level and determine whether there was a violation. 01:00:52.000 --> 01:00:54.000 The police department does that. 01:00:54.000 --> 01:00:57.000 Thanks. 01:00:57.000 --> 01:01:01.000 The guy's on duty. Ms. Wasney. 01:01:01.000 --> 01:01:04.250 I'd like to point out that this facility sits on 10 acres, 01:01:04.250 --> 01:01:05.000 correct? 01:01:05.000 --> 01:01:07.000 That is correct. 10.8. 01:01:07.000 --> 01:01:10.000 Thank you. 01:01:10.000 --> 01:01:13.000 Other questions for staff? 01:01:13.000 --> 01:01:15.929 Well, this is a public hearing and we have one card, but 01:01:15.929 --> 01:01:18.000 remember that others can't speak. 01:01:18.000 --> 01:01:20.559 It appears that Virginia Nichols would like to speak on the 01:01:20.559 --> 01:01:21.000 item. 01:01:21.000 --> 01:01:24.280 You may come forward and state your name and address, 01:01:24.280 --> 01:01:25.000 please. 01:01:25.000 --> 01:01:26.000 Your time may begin. 01:01:26.000 --> 01:01:30.010 Yes, sir. My name is Virginia Nichols and my address is 16 01:01:30.010 --> 01:01:34.000 01 Oak Shores Court in Crossroads, Texas, 76227. 01:01:34.000 --> 01:01:38.190 I am president of the Denton Police Officers Association 01:01:38.190 --> 01:01:42.199 and we're requesting a zoning change so we can occupy the 01:01:42.199 --> 01:01:45.449 property out there and purchase it from the current land 01:01:45.449 --> 01:01:46.000 owner. 01:01:46.000 --> 01:01:49.070 As the young lady stated, the only reason we're buying this 01:01:49.070 --> 01:01:52.000 property is so we can have our officers a place to go. 01:01:52.000 --> 01:01:55.440 Do they do their breaks, their meal breaks and stuff like 01:01:55.440 --> 01:01:56.000 that? 01:01:56.000 --> 01:01:59.969 And we do have four meetings a year, our membership 01:01:59.969 --> 01:02:05.000 meetings, and we would hold our membership meetings there. 01:02:05.000 --> 01:02:08.000 Record time. Are you done? Yes. 01:02:08.000 --> 01:02:11.000 We have a question. Ms. Wasney. 01:02:11.000 --> 01:02:14.469 I want to thank you for your service to the citizens of 01:02:14.469 --> 01:02:19.000 Denton and to all of our uniformed police in the city. 01:02:19.000 --> 01:02:26.070 And I applaud this move to give them a much needed place. 01:02:26.070 --> 01:02:27.000 And again, thank you. 01:02:27.000 --> 01:02:30.000 Thank you. Thank you very much. 01:02:30.000 --> 01:02:32.389 I would like to say also thank you to the staff at the 01:02:32.389 --> 01:02:35.000 planning and zoning, especially Julie Wyatt. 01:02:35.000 --> 01:02:38.000 She's been superb. She has helped me through this. 01:02:38.000 --> 01:02:40.489 I'm not an engineer and I don't know a lot about the 01:02:40.489 --> 01:02:43.579 process, but she's been just absolutely excellent help to 01:02:43.579 --> 01:02:44.000 me. 01:02:44.000 --> 01:02:47.000 Don't leave yet. Mr. Hawkins. 01:02:47.000 --> 01:02:49.250 Well, just maybe while you're here, you can give the shop 01:02:49.250 --> 01:02:52.300 with the cop a plug and tell everybody what it does and who 01:02:52.300 --> 01:02:53.000 it helps out. 01:02:53.000 --> 01:02:55.000 Thank you very much. I appreciate that. 01:02:55.000 --> 01:03:00.130 Denton shop with the cop is our program for at Christmas 01:03:00.130 --> 01:03:01.000 time. 01:03:01.000 --> 01:03:05.409 We take needy children. We, the police officers association 01:03:05.409 --> 01:03:07.000 members association. 01:03:07.000 --> 01:03:09.000 We take donations. 01:03:09.000 --> 01:03:12.429 And with those donations, in addition to the funds that we 01:03:12.429 --> 01:03:15.860 have, we take usually around one hundred and forty five or 01:03:15.860 --> 01:03:20.000 one hundred fifty children to Wal-Mart for a shopping spree 01:03:20.000 --> 01:03:20.000 . 01:03:20.000 --> 01:03:23.909 And each child gets to spend one hundred and twenty dollars 01:03:23.909 --> 01:03:26.000 on toys and clothing items. 01:03:26.000 --> 01:03:28.000 Pretty amazing program, not to cut you off. 01:03:28.000 --> 01:03:31.750 Very good turnout for it. And we've been really fortunate 01:03:31.750 --> 01:03:34.929 folks in Denton have been very generous with the donations 01:03:34.929 --> 01:03:36.000 to our project. 01:03:36.000 --> 01:03:39.409 The Denton Police Department is just class act. Thank you 01:03:39.409 --> 01:03:40.000 very much. 01:03:40.000 --> 01:03:42.000 Mr. Johnson. 01:03:42.000 --> 01:03:45.849 So in keeping with the plug opportunity, if a citizen was 01:03:45.849 --> 01:03:49.360 so inclined to help the cause, is there a Denton shop with 01:03:49.360 --> 01:03:51.000 a cop website or something? 01:03:51.000 --> 01:03:55.409 Actually, there is. They can they can look online and it is 01:03:55.409 --> 01:03:57.000 Denton shop with a cop. 01:03:57.000 --> 01:04:00.909 And there is a place on their PayPal bill. If you'd like to 01:04:00.909 --> 01:04:04.000 make a donation, it is our address on there. 01:04:04.000 --> 01:04:07.000 If you'd like to donate via the mail, that's fine. 01:04:07.000 --> 01:04:10.900 We have our mailing address on that website as well. Thank 01:04:10.900 --> 01:04:12.000 you. 01:04:12.000 --> 01:04:15.920 And my question for you as the applicant, the planning and 01:04:15.920 --> 01:04:19.000 zoning put a couple of special conditions. 01:04:19.000 --> 01:04:22.530 Are you all OK with those? Absolutely. Yes, we understand 01:04:22.530 --> 01:04:23.000 what they are. 01:04:23.000 --> 01:04:25.000 Yes, sir. Thank you very much. 01:04:25.000 --> 01:04:27.750 This is public hearing. If there are others that did not 01:04:27.750 --> 01:04:30.989 spell out a lot of blue card but wish to speak on the item, 01:04:30.989 --> 01:04:33.000 you may come forward at this time. 01:04:33.000 --> 01:04:39.000 Anyone wish to speak? Last call. 01:04:39.000 --> 01:04:42.050 Then I'll close the public hearing. We have a motion from 01:04:42.050 --> 01:04:43.000 Mr. Johnson. 01:04:43.000 --> 01:04:46.050 Thank you, Mayor Pro Tem. If I lived out in the country, I 01:04:46.050 --> 01:04:48.679 would love to have police officers coming and going at the 01:04:48.679 --> 01:04:50.000 house next door to me all day long. 01:04:50.000 --> 01:04:54.000 So I'm going to recommend approval of this item. Thank you. 01:04:54.000 --> 01:04:58.000 This was the second the motion. Thank you. 01:04:58.000 --> 01:05:11.000 Then let's vote on the board for item C. 01:05:11.000 --> 01:05:17.000 And it passes unanimously. 01:05:17.000 --> 01:05:24.070 I believe that concludes the public hearings. So we will 01:05:24.070 --> 01:05:29.590 move back in our agenda to items for individual 01:05:29.590 --> 01:05:32.000 consideration. 01:05:32.000 --> 01:05:50.260 We are on item five B, consider adoption of an ordinance am 01:05:50.260 --> 01:05:50.659 ending sub chapters five, 16 and 22 of the development code 01:05:50.659 --> 01:05:52.000 relating to the gas well drilling and production 01:05:52.000 --> 01:05:54.000 definitions and procedures. 01:05:54.000 --> 01:05:57.980 The planning and zoning commission recommends approval 01:05:57.980 --> 01:06:01.000 seven zero. Mr. Manager, I believe we have a staff report. 01:06:01.000 --> 01:06:03.650 We do. Thank you. I'd like to call on Darren growth or gas 01:06:03.650 --> 01:06:06.000 well administrator if he would make a presentation. 01:06:06.000 --> 01:06:09.369 And as he's getting ready, I want to remind folks this is 01:06:09.369 --> 01:06:13.760 an item for individual consideration. Individuals may speak 01:06:13.760 --> 01:06:15.000 to this item. 01:06:15.000 --> 01:06:17.969 You need to fill out a blue card. You need to turn that 01:06:17.969 --> 01:06:20.699 blue card in to one of the staff members. So if you're 01:06:20.699 --> 01:06:23.409 holding a blue card, we're not going to know what to do 01:06:23.409 --> 01:06:24.000 with you. 01:06:24.000 --> 01:06:28.440 So if you make sure that you get it to one of the staff 01:06:28.440 --> 01:06:30.000 members, Mr. 01:06:30.000 --> 01:06:33.380 Thank you, Mr. Mayor pro tem members of the council. This 01:06:33.380 --> 01:06:37.329 item is back before you as we can delayed action from last 01:06:37.329 --> 01:06:38.000 week. 01:06:38.000 --> 01:06:40.659 So as an item for individual consideration for development 01:06:40.659 --> 01:06:43.579 code amendment 14 nine, this is regarding gas well drilling 01:06:43.579 --> 01:06:45.000 and ordinance revisions. 01:06:45.000 --> 01:06:48.000 So I kind of have a condensed presentation from last week, 01:06:48.000 --> 01:06:51.869 but at least for those watching, give a summary of PNC and 01:06:51.869 --> 01:06:55.460 city council's actions, identify how we posted the draft 01:06:55.460 --> 01:06:57.000 ordinance for this evening, 01:06:57.000 --> 01:07:00.019 highlight some of the changes from the current ordinance 01:07:00.019 --> 01:07:03.000 that we have, and then I can stand for any questions. 01:07:03.000 --> 01:07:05.960 So this case was remanded from city council and brought to 01:07:05.960 --> 01:07:09.000 the planning and zoning commission on July 22nd. 01:07:09.000 --> 01:07:11.440 They recommended approval with some amendments. And then 01:07:11.440 --> 01:07:15.260 last week on July 28th, city council reopened their public 01:07:15.260 --> 01:07:18.349 hearing on DCA 14 nine, closed the public hearing and 01:07:18.349 --> 01:07:20.000 delayed action until this evening. 01:07:20.000 --> 01:07:23.530 There was significant discussion during both of those 01:07:23.530 --> 01:07:27.590 hearings. What that resulted in is revisions resulting from 01:07:27.590 --> 01:07:30.000 all those stakeholder comments. 01:07:30.000 --> 01:07:32.900 The public input that was received, both planning and 01:07:32.900 --> 01:07:35.840 zoning commission and city council provided some deliber 01:07:35.840 --> 01:07:38.800 ations that resulted in a draft ordinance that was posted 01:07:38.800 --> 01:07:40.000 online on Friday. 01:07:40.000 --> 01:07:44.190 There's been some in this rapid schedule, there's been some 01:07:44.190 --> 01:07:48.000 cleanups since Friday. You have gotten those at your place. 01:07:48.000 --> 01:07:50.940 We left some copies out in the hallway as well that will 01:07:50.940 --> 01:07:53.000 identify what those changes are. 01:07:53.000 --> 01:07:56.059 So you'll see from what was posted on Friday, there's still 01:07:56.059 --> 01:07:58.000 some wordsmithing that was done. 01:07:58.000 --> 01:08:01.739 So I just want to identify that that did occur. And so when 01:08:01.739 --> 01:08:05.309 we talk about the posted draft, what you'll see is those 01:08:05.309 --> 01:08:08.179 setbacks are based off of the discussions that we've had 01:08:08.179 --> 01:08:10.000 during those public meetings. 01:08:10.000 --> 01:08:12.539 So there was a red line and clean draft published on the 01:08:12.539 --> 01:08:15.090 city council's agenda and to the gas well inspections 01:08:15.090 --> 01:08:18.000 division website, which was mentioned last weekend. 01:08:18.000 --> 01:08:21.220 The address is here in the middle of the screen. That 01:08:21.220 --> 01:08:23.869 ordinance was drafted with an innovative delineation of 01:08:23.869 --> 01:08:25.000 zoning categories. 01:08:25.000 --> 01:08:28.600 That pretty good summary of what this does because it 01:08:28.600 --> 01:08:33.000 actually incentivizes drilling in industrial zoned areas. 01:08:33.000 --> 01:08:36.210 So again, what was posted on Friday hopefully was available 01:08:36.210 --> 01:08:39.220 for review. You can still see that on a tablet if you have 01:08:39.220 --> 01:08:42.140 it or if you need the copies that are in the hallway with a 01:08:42.140 --> 01:08:43.000 red line. 01:08:43.000 --> 01:08:45.779 So the next couple of slides I'll highlight some of the 01:08:45.779 --> 01:08:48.680 prominent changes from what we see today under our 01:08:48.680 --> 01:08:53.329 ordinance that was adopted back in January of 2013 and what 01:08:53.329 --> 01:08:55.000 's being proposed for you this evening. 01:08:55.000 --> 01:08:58.779 The first is that DDC section 35-5-10. That is a new 01:08:58.779 --> 01:09:01.649 section added to the zoning chapter of the Denton 01:09:01.649 --> 01:09:03.000 Development Code. 01:09:03.000 --> 01:09:06.659 And what that primarily does is simplify how the zoning set 01:09:06.659 --> 01:09:10.000 backs are calculated, measured, and defined. 01:09:10.000 --> 01:09:13.510 They will be based on location of drilling production site 01:09:13.510 --> 01:09:15.000 by zoning districts. 01:09:15.000 --> 01:09:18.229 So this proposal will have the new well setback remain at 1 01:09:18.229 --> 01:09:22.000 ,000 feet in residential and commercial zoning districts. 01:09:22.000 --> 01:09:25.659 And we also identified an opportunity to clearly define how 01:09:25.659 --> 01:09:29.000 the measurement will be taken for existing sites. 01:09:29.000 --> 01:09:32.560 We have some older plats and some sites that have been in 01:09:32.560 --> 01:09:36.000 existence for 10, 12, 15 years. 01:09:36.000 --> 01:09:39.449 This ordinance will help us identify how to measure set 01:09:39.449 --> 01:09:43.000 backs and reverse setbacks to those existing sites. 01:09:43.000 --> 01:09:45.130 And how those setbacks will be measured is shown on the 01:09:45.130 --> 01:09:46.000 next two slides. 01:09:46.000 --> 01:09:49.109 From last week you'll see the discussion kind of condensed 01:09:49.109 --> 01:09:52.479 residential, commercial, and industrial down from three to 01:09:52.479 --> 01:09:53.000 two. 01:09:53.000 --> 01:09:55.000 Residential and commercial is combined. 01:09:55.000 --> 01:09:59.500 So the site setback in both of those categories will be 1, 01:09:59.500 --> 01:10:01.000 000 feet. 01:10:01.000 --> 01:10:05.430 The minimum in those districts will be 500 and a reverse 01:10:05.430 --> 01:10:08.000 setback will be 250 feet. 01:10:08.000 --> 01:10:11.619 And in industrial districts only then, the site minimum and 01:10:11.619 --> 01:10:14.000 reverse will all be 250 feet. 01:10:14.000 --> 01:10:17.500 MPC and PD districts, the setbacks if identified in the 01:10:17.500 --> 01:10:21.000 master plan community or plan development district, 01:10:21.000 --> 01:10:25.979 will defer for those requirements that were approved under 01:10:25.979 --> 01:10:28.000 the MPC and PD ordinance. 01:10:28.000 --> 01:10:32.000 Unless there is a change to the activity for the MPC or PD, 01:10:32.000 --> 01:10:35.000 in which case we'd apply some new standards. 01:10:35.000 --> 01:10:38.310 So existing sites as we have in the current draft for 01:10:38.310 --> 01:10:40.000 industrial districts, 01:10:40.000 --> 01:10:44.409 it's a site distance of 250 feet, minimum of 250, and the 01:10:44.409 --> 01:10:46.000 reverse of 250. 01:10:46.000 --> 01:10:49.729 But for all other districts, the site requirement would be 01:10:49.729 --> 01:10:53.319 500 feet for a setback, could be reduced to 250, and the 01:10:53.319 --> 01:10:55.000 reverse would be 250 feet. 01:10:55.000 --> 01:10:57.770 And same thing for any existing site, the MPC and PD 01:10:57.770 --> 01:11:02.359 districts would primarily prevail as far as setbacks unless 01:11:02.359 --> 01:11:04.000 those ordinances are silent. 01:11:04.000 --> 01:11:08.689 Then we'll apply these standards in this proposed ordinance 01:11:08.689 --> 01:11:09.000 . 01:11:09.000 --> 01:11:11.329 Some other changes you'll see, I walked through the 01:11:11.329 --> 01:11:13.000 different section references here, 01:11:13.000 --> 01:11:16.449 but there was an authorization via gas well development 01:11:16.449 --> 01:11:19.000 site plan for multiple wells per site. 01:11:19.000 --> 01:11:22.199 What that ties into is those site setback distances are 01:11:22.199 --> 01:11:25.189 calculated with the gas well development site plan 01:11:25.189 --> 01:11:26.000 application, 01:11:26.000 --> 01:11:29.010 and then you can pull an individual permit for each well on 01:11:29.010 --> 01:11:30.000 that location. 01:11:30.000 --> 01:11:33.380 So a gas well development site plan will be required for 01:11:33.380 --> 01:11:37.159 new wells, and that site has a presumptive size limit of 01:11:37.159 --> 01:11:38.000 three acres, 01:11:38.000 --> 01:11:41.239 unless additional acreage is required as proved up by the 01:11:41.239 --> 01:11:43.000 operator, there is a max size limit. 01:11:43.000 --> 01:11:46.000 I believe the proposal you have says seven acres. 01:11:46.000 --> 01:11:49.939 That can also be taken to the zoning board of adjustment if 01:11:49.939 --> 01:11:53.869 additional size is needed, typically to restrict current 01:11:53.869 --> 01:11:56.000 locations from future drilling. 01:11:56.000 --> 01:11:59.000 So the size is addressed. 01:11:59.000 --> 01:12:02.630 The constructed sites, unlike current, will be actually 01:12:02.630 --> 01:12:05.260 verified in the proposal through an as-built gas well 01:12:05.260 --> 01:12:06.000 development site plan 01:12:06.000 --> 01:12:09.380 that ensures the location of the site, and that's part of 01:12:09.380 --> 01:12:11.000 the permitting process. 01:12:11.000 --> 01:12:13.760 So you can see that in order to get a permit, you have to 01:12:13.760 --> 01:12:17.489 submit that as-built site plan that helps us verify where 01:12:17.489 --> 01:12:19.000 the location of that site is, 01:12:19.000 --> 01:12:22.000 and it was actually located as approved. 01:12:22.000 --> 01:12:26.189 So per section 35.5.10.6, setback reductions will require 01:12:26.189 --> 01:12:29.489 either waivers from 100% of the protected uses, approval 01:12:29.489 --> 01:12:31.000 from the board of adjustment, 01:12:31.000 --> 01:12:34.670 or there is an opportunity for administrative relief if the 01:12:34.670 --> 01:12:38.069 operator does agree to restrict the existing drilling 01:12:38.069 --> 01:12:41.000 production sites by not adding any additional new wells. 01:12:41.000 --> 01:12:46.000 The next couple of changes here talk about definitions. 01:12:46.000 --> 01:12:49.229 What we tried to do is ensure clean, clear, and consistent 01:12:49.229 --> 01:12:52.000 descriptions throughout all the definitions. 01:12:52.000 --> 01:12:55.000 You'll see a lot of language red lines through that. 01:12:55.000 --> 01:12:58.149 And then there's significantly more new, brand new 01:12:58.149 --> 01:13:00.000 notification provisions. 01:13:00.000 --> 01:13:05.850 So 35.22.2, 35.22.7, and 35.16.7, 16.7 being brand new for 01:13:05.850 --> 01:13:07.000 notifications. 01:13:07.000 --> 01:13:09.510 But some of the highlights are that new signage 01:13:09.510 --> 01:13:13.000 requirements for each drilling production site are required 01:13:13.000 --> 01:13:16.140 , and it will clearly mark those sites for the benefit of 01:13:16.140 --> 01:13:17.000 the public. 01:13:17.000 --> 01:13:20.590 In addition, city and property owner notices for different 01:13:20.590 --> 01:13:24.550 various activities, and I said property owner, but it says 01:13:24.550 --> 01:13:26.000 just property on the screen, 01:13:26.000 --> 01:13:29.439 and there's a difference between the notice that is sent 01:13:29.439 --> 01:13:33.670 out with an application or a waiver process to a property 01:13:33.670 --> 01:13:37.479 owner versus the activities are actually sent to the 01:13:37.479 --> 01:13:39.000 property itself. 01:13:39.000 --> 01:13:42.000 But those will be required. 01:13:42.000 --> 01:13:46.550 In addition, any property purchase would be notified 01:13:46.550 --> 01:13:53.000 through section 35.16.7 through various requirements. 01:13:53.000 --> 01:13:56.859 In addition, there's a redesigned sound mitigation 01:13:56.859 --> 01:13:58.000 procedures. 01:13:58.000 --> 01:14:01.069 What we're going to require is that a professional 01:14:01.069 --> 01:14:04.600 qualified in noise mitigation submit a noise management 01:14:04.600 --> 01:14:08.000 plan that will identify the conditions for each site, 01:14:08.000 --> 01:14:13.250 topography, sound direction, proximity to other uses, and 01:14:13.250 --> 01:14:17.279 that plan will identify how to achieve the standards in the 01:14:17.279 --> 01:14:19.000 proposed ordinance. 01:14:19.000 --> 01:14:22.109 So there will also be enhanced standard as setback distance 01:14:22.109 --> 01:14:23.000 are reduced. 01:14:23.000 --> 01:14:27.189 There's one of those is again a new procedure that will add 01:14:27.189 --> 01:14:29.000 production monitoring, 01:14:29.000 --> 01:14:32.869 and that stipulates periodic evaluations to determine if on 01:14:32.869 --> 01:14:36.000 -site equipment is functioning as designed. 01:14:36.000 --> 01:14:39.000 So that's a lot of the changes from what we currently have. 01:14:39.000 --> 01:14:41.390 Hopefully summarizes with last week's presentation where we 01:14:41.390 --> 01:14:44.100 stand today, but if there are any additional questions, I 01:14:44.100 --> 01:14:46.000 hope to answer those for you. 01:14:46.000 --> 01:14:47.000 >> Mr. Hawking. 01:14:47.000 --> 01:14:49.000 >> Thank you, Mayor Pro Tem. 01:14:49.000 --> 01:14:52.170 Darren, I had an interesting phone call with a resident 01:14:52.170 --> 01:14:56.100 this morning, and can you just go into more detail why we 01:14:56.100 --> 01:14:57.000 're taking the stance, 01:14:57.000 --> 01:15:01.010 we think that it's better to measure from the edge of the 01:15:01.010 --> 01:15:04.000 well site rather than the well head? 01:15:04.000 --> 01:15:08.189 >> Well, I think what my experience has shown from doing 01:15:08.189 --> 01:15:12.359 this over the past decade is that a lot of municipalities 01:15:12.359 --> 01:15:15.000 have tried taking measurements from a well head, 01:15:15.000 --> 01:15:18.470 and what you get is kind of a changing distance as 01:15:18.470 --> 01:15:21.000 additional wells are drilled. 01:15:21.000 --> 01:15:25.000 If you have in this case a thousand foot setback distance, 01:15:25.000 --> 01:15:28.000 but you have 30 foot well head spacings, 01:15:28.000 --> 01:15:31.380 each time you measure that you're changing how that 01:15:31.380 --> 01:15:33.000 calculation is made. 01:15:33.000 --> 01:15:35.789 So measuring from the boundary not only protects the 01:15:35.789 --> 01:15:37.000 movement of the wells, 01:15:37.000 --> 01:15:40.569 but allows the drilling of additional wells on the same 01:15:40.569 --> 01:15:44.220 location and affords the thousand feet plus for any well 01:15:44.220 --> 01:15:46.000 drilled in the center. 01:15:46.000 --> 01:15:49.029 In addition, what we've noticed though is that some of the 01:15:49.029 --> 01:15:51.000 concern isn't just from the well. 01:15:51.000 --> 01:15:55.439 So by having a site setback, what you're protecting is all 01:15:55.439 --> 01:15:59.710 operations on that site from a distance of whatever that 01:15:59.710 --> 01:16:02.000 setback distance may be. 01:16:02.000 --> 01:16:05.649 So if you have appurtenances or tank batteries, something 01:16:05.649 --> 01:16:10.000 located could be 75 feet or 100 feet away from the well. 01:16:10.000 --> 01:16:12.300 There's also some concern with those other pieces of 01:16:12.300 --> 01:16:13.000 equipment. 01:16:13.000 --> 01:16:16.869 So again, a site boundary affords the opportunity to locate 01:16:16.869 --> 01:16:19.000 everything within the same site, 01:16:19.000 --> 01:16:21.470 and no matter where it's at on that location you still know 01:16:21.470 --> 01:16:24.000 that you're meeting that minimum setback distance. 01:16:24.000 --> 01:16:27.029 >> And how does measuring this way benefit the adjacent 01:16:27.029 --> 01:16:29.000 property owner in your opinion? 01:16:29.000 --> 01:16:33.409 >> Well, I think what it does is give the opportunity for a 01:16:33.409 --> 01:16:38.760 clear delineation and a one-time measurement as opposed to 01:16:38.760 --> 01:16:40.000 multiple measurements. 01:16:40.000 --> 01:16:42.579 One of the requirements for any ordinance change is 01:16:42.579 --> 01:16:45.680 obviously it has to be commercially reasonable and cannot 01:16:45.680 --> 01:16:48.000 prohibit oil and gas development. 01:16:48.000 --> 01:16:51.699 So if we took a measurement from every well, we would not 01:16:51.699 --> 01:16:55.069 give that property owner any distance separation 01:16:55.069 --> 01:16:57.000 necessarily from those other pieces of equipment. 01:16:57.000 --> 01:17:00.369 And we may preclude an operator for getting the opportunity 01:17:00.369 --> 01:17:02.000 to add additional wells. 01:17:02.000 --> 01:17:05.420 So that certainty I think for both the surface property 01:17:05.420 --> 01:17:08.609 owner, adjacent surface property owner and the gas well 01:17:08.609 --> 01:17:11.260 operator is one of the things we needed to find that 01:17:11.260 --> 01:17:12.000 balance for. 01:17:12.000 --> 01:17:15.000 And this site setback helps us get there. 01:17:15.000 --> 01:17:16.000 >> Thanks, Darren. 01:17:16.000 --> 01:17:17.000 >> Yes, sir. 01:17:17.000 --> 01:17:19.000 >> Mr. Broden. 01:17:19.000 --> 01:17:21.000 >> Thank you, Mayor Pro Tem. 01:17:21.000 --> 01:17:24.930 A few questions, and a lot of the comments we've gotten up 01:17:24.930 --> 01:17:28.699 to this point either last week or even via email or phone 01:17:28.699 --> 01:17:33.000 calls or whatnot represent these changes, 01:17:33.000 --> 01:17:35.760 these amendments as some sort of major retreat from our 01:17:35.760 --> 01:17:37.000 previous ordinance. 01:17:37.000 --> 01:17:41.050 And I just want to ask some questions to try and clarify 01:17:41.050 --> 01:17:44.479 that because as I see it, in some cases it's not a retreat 01:17:44.479 --> 01:17:45.000 at all. 01:17:45.000 --> 01:17:48.000 It's actually a better ordinance. 01:17:48.000 --> 01:17:51.510 So maybe from the perspective of a frac ban, I could 01:17:51.510 --> 01:17:53.000 understand that. 01:17:53.000 --> 01:17:55.300 So I just want to clarify that prior to getting some 01:17:55.300 --> 01:17:58.000 comments just to give us some historical perspective. 01:17:58.000 --> 01:18:03.380 So prior to today's amendments, the current status quo set 01:18:03.380 --> 01:18:06.000 back for new wells is what? 01:18:06.000 --> 01:18:10.250 >> The current setback would date back to our January 2013 01:18:10.250 --> 01:18:15.829 ordinance that requires a 1,200 foot distance from the site 01:18:15.829 --> 01:18:17.000 for every well. 01:18:17.000 --> 01:18:19.000 >> So we're doing 1,000. 01:18:19.000 --> 01:18:21.000 >> We're doing, yeah. 01:18:21.000 --> 01:18:23.260 >> As being suggested in this one, in certain zoning 01:18:23.260 --> 01:18:24.000 categories. 01:18:24.000 --> 01:18:25.000 >> That's correct. 01:18:25.000 --> 01:18:26.000 >> Right. 01:18:26.000 --> 01:18:30.000 In the 2013 ordinance, the minimum setback was what? 01:18:30.000 --> 01:18:31.000 >> Was 500 feet. 01:18:31.000 --> 01:18:32.000 >> Okay. 01:18:32.000 --> 01:18:36.760 So in commercial and residential, that's the same in this 01:18:36.760 --> 01:18:38.000 ordinance. 01:18:38.000 --> 01:18:41.000 Reverse setbacks in 2013 ordinance? 01:18:41.000 --> 01:18:47.460 >> Reverse setbacks in 2013 were 250 feet, but one of the 01:18:47.460 --> 01:18:52.000 problems due to the application of that was that we have a 01:18:52.000 --> 01:18:56.000 lot of these sites that predate our 2013 ordinance. 01:18:56.000 --> 01:19:00.659 That 250 foot measurement came into adoption in the middle 01:19:00.659 --> 01:19:04.000 of 2010, August of 2010. 01:19:04.000 --> 01:19:09.109 But it did not identify a way to measure for some of those 01:19:09.109 --> 01:19:11.000 existing sites. 01:19:11.000 --> 01:19:15.189 What this will do as far as not retreating is actually give 01:19:15.189 --> 01:19:19.989 us the opportunity to provide those same separations from 01:19:19.989 --> 01:19:24.430 existing sites and new sites to that same distance of 250 01:19:24.430 --> 01:19:25.000 feet. 01:19:25.000 --> 01:19:27.979 So again, not necessarily a retreat, but what it does is 01:19:27.979 --> 01:19:30.989 capture a way to provide that reverse setback through the 01:19:30.989 --> 01:19:33.869 clarity of adding the definition of existing drilling 01:19:33.869 --> 01:19:37.000 production sites and giving us a measurement for those. 01:19:37.000 --> 01:19:39.939 I think again, it's not a retreat, but it also gives us the 01:19:39.939 --> 01:19:42.880 opportunity to measure reverse setback, not just moving 01:19:42.880 --> 01:19:45.000 forward, but for what's on the ground. 01:19:45.000 --> 01:19:47.449 >> So to press into that a little bit more from a reverse 01:19:47.449 --> 01:19:49.859 setback, one thing we've been discussing, and I want to ask 01:19:49.859 --> 01:19:53.000 you a question about just so it's clear for anyone here, 01:19:53.000 --> 01:19:59.489 is trying to give our first responders a 300 foot buffer, 01:19:59.489 --> 01:20:01.000 so to speak. 01:20:01.000 --> 01:20:04.850 So while we have 250 feet as our designated reverse setback 01:20:04.850 --> 01:20:08.680 , can you explain how it is that we're actually achieving 01:20:08.680 --> 01:20:13.000 what we're calling now an effective 300 foot setback? 01:20:13.000 --> 01:20:15.899 >> Well, yeah, that's a good point, and not being the fire 01:20:15.899 --> 01:20:18.100 expert, I don't think I touched upon that on my 01:20:18.100 --> 01:20:19.000 presentation. 01:20:19.000 --> 01:20:22.710 But I've learned from the fire marshal and through talking 01:20:22.710 --> 01:20:27.550 with our fire chief that their practice in response to any 01:20:27.550 --> 01:20:32.000 type of emergency is to set a perimeter of 300 feet. 01:20:32.000 --> 01:20:36.680 And so what our ordinance proposes is an opportunity to 01:20:36.680 --> 01:20:41.000 address their guidelines as far as setting that perimeter, 01:20:41.000 --> 01:20:44.100 not necessarily to a lot line as our 250 foot distance 01:20:44.100 --> 01:20:48.000 would require, but a 300 foot build area. 01:20:48.000 --> 01:20:52.300 So within your property, you would have the opportunity to 01:20:52.300 --> 01:20:55.930 use the rear setback, and within the gas well drilling and 01:20:55.930 --> 01:20:57.000 production site, 01:20:57.000 --> 01:21:00.930 you'd have the opportunity to use any internal setbacks to 01:21:00.930 --> 01:21:05.260 meet a 300 foot separation from those pieces of equipment 01:21:05.260 --> 01:21:09.000 that produce or store flammable liquids and gases. 01:21:09.000 --> 01:21:11.430 So from a tank battery, again going back to the previous 01:21:11.430 --> 01:21:14.579 question, the opportunity to draw the boundary gives at 01:21:14.579 --> 01:21:16.000 least 250 feet. 01:21:16.000 --> 01:21:18.680 And we've learned that a lot of the tanks operationally are 01:21:18.680 --> 01:21:21.689 probably set in 30 to 50 feet from the boundary of the site 01:21:21.689 --> 01:21:22.000 . 01:21:22.000 --> 01:21:25.000 So that 300 foot distance may be met. 01:21:25.000 --> 01:21:27.899 But again, it's an opportunity for the fire department and 01:21:27.899 --> 01:21:31.000 our emergency responders to have a distance that gives them 01:21:31.000 --> 01:21:33.649 that initial 300 foot measurement as they set up the 01:21:33.649 --> 01:21:36.000 perimeter and evaluate the conditions on the ground. 01:21:36.000 --> 01:21:39.380 >> So from that point of view, the setback's technically 01:21:39.380 --> 01:21:42.000 gone up from the 2013 ordinance. 01:21:42.000 --> 01:21:45.199 In terms of notification requirements, what was in place in 01:21:45.199 --> 01:21:47.000 the 2013 ordinance? 01:21:47.000 --> 01:21:51.289 >> There was some confusing language about how 01:21:51.289 --> 01:21:54.000 notifications were sent. 01:21:54.000 --> 01:21:57.909 So the main thing that we did is add some provisions that 01:21:57.909 --> 01:22:01.920 clarified notifications are required as signage at the 01:22:01.920 --> 01:22:03.000 location. 01:22:03.000 --> 01:22:05.000 So that's brand new. 01:22:05.000 --> 01:22:08.029 It wasn't required other than a couple of technical issues 01:22:08.029 --> 01:22:11.050 that had to do with an inspector or the railroad commission 01:22:11.050 --> 01:22:13.000 being able to identify the well. 01:22:13.000 --> 01:22:15.590 It's actually saying that this is a drilling and production 01:22:15.590 --> 01:22:16.000 site. 01:22:16.000 --> 01:22:19.170 That's new and it helps clarify that people are aware that 01:22:19.170 --> 01:22:22.350 these locations exist and that additional wells could be 01:22:22.350 --> 01:22:23.000 added. 01:22:23.000 --> 01:22:26.750 But we also have an application requirement now that wasn't 01:22:26.750 --> 01:22:30.000 in our, well, isn't in our current ordinance. 01:22:30.000 --> 01:22:33.539 And that gives the opportunity for the operator to notify 01:22:33.539 --> 01:22:36.859 surrounding properties if they're submitting a site 01:22:36.859 --> 01:22:38.000 application. 01:22:38.000 --> 01:22:41.029 It also requires a newspaper notification and a sign posted 01:22:41.029 --> 01:22:43.579 at the location saying that their administrative 01:22:43.579 --> 01:22:45.000 application was filed. 01:22:45.000 --> 01:22:49.000 So those things, again, are all brand new notifications. 01:22:49.000 --> 01:22:52.649 In addition to that, the clarification came for actual 01:22:52.649 --> 01:22:55.000 activity performed at the site. 01:22:55.000 --> 01:22:58.939 So not only is the city notified and we specified which 01:22:58.939 --> 01:23:03.479 items get notification, but we clarified a threshold for 01:23:03.479 --> 01:23:05.000 when those are submitted. 01:23:05.000 --> 01:23:07.000 And again, I don't think it's a retreat. 01:23:07.000 --> 01:23:10.010 I think it's actually going to allow the operator an 01:23:10.010 --> 01:23:13.510 opportunity to notify residents probably more frequently 01:23:13.510 --> 01:23:15.000 due to those changes. 01:23:15.000 --> 01:23:17.000 >> And not just property owners, correct? 01:23:17.000 --> 01:23:20.500 Anyone who resides at a residence within the prescribed set 01:23:20.500 --> 01:23:21.000 back. 01:23:21.000 --> 01:23:22.000 >> That's correct. 01:23:22.000 --> 01:23:26.000 >> And specific activity notifications go to the dwelling. 01:23:26.000 --> 01:23:27.000 >> So renters. 01:23:27.000 --> 01:23:29.000 >> The renters would get, absolutely. 01:23:29.000 --> 01:23:32.000 >> And then the sound mitigation is a brand new concept in 01:23:32.000 --> 01:23:35.470 terms of requiring a sound engineer to come in and mitigate 01:23:35.470 --> 01:23:38.000 the sound within certain distances, correct? 01:23:38.000 --> 01:23:39.000 >> That is correct. 01:23:39.000 --> 01:23:41.970 What the sound engineer will do is identify not only for 01:23:41.970 --> 01:23:45.060 the operator, but also for the city so that we can do a 01:23:45.060 --> 01:23:48.510 compliance check to make sure that the operator is actually 01:23:48.510 --> 01:23:50.000 complying with that plan. 01:23:50.000 --> 01:23:53.789 But it outlines the steps that the operator must take to 01:23:53.789 --> 01:23:58.000 ensure that whatever threshold that ambient level sets. 01:23:58.000 --> 01:24:01.310 So before the noise management plan is even identified, 01:24:01.310 --> 01:24:05.000 there's an ambient level that determines what the noise is. 01:24:05.000 --> 01:24:09.000 So the impact isn't a standard across the board threshold. 01:24:09.000 --> 01:24:12.000 It is going to be based off of the existing conditions. 01:24:12.000 --> 01:24:14.000 That's what the ambient gives us. 01:24:14.000 --> 01:24:17.000 And then allows some overages, some flexibility there. 01:24:17.000 --> 01:24:20.500 But the noise management plan will actually address that, 01:24:20.500 --> 01:24:24.069 the current conditions and what the operations will produce 01:24:24.069 --> 01:24:26.000 as far as sound pressures go. 01:24:26.000 --> 01:24:29.090 And then it gives the opportunity for the mitigation to 01:24:29.090 --> 01:24:32.000 address the existing conditions on the ground. 01:24:32.000 --> 01:24:35.470 So that's a brand new requirement and that plan will be 01:24:35.470 --> 01:24:38.000 submitted with each application. 01:24:38.000 --> 01:24:40.000 >> And finally, I know others want to talk. 01:24:40.000 --> 01:24:41.000 Sorry. 01:24:41.000 --> 01:24:43.000 I'm just trying to kind of put them side by side. 01:24:43.000 --> 01:24:44.000 >> Yeah. 01:24:44.000 --> 01:24:47.489 >> I think there's a certain myth of retreat here from the 01:24:47.489 --> 01:24:51.000 2013 ordinance that I'm trying to clarify. 01:24:51.000 --> 01:24:54.180 And then finally, there's this production monitoring, which 01:24:54.180 --> 01:24:57.000 is brand new, wasn't conceived of in 2013. 01:24:57.000 --> 01:24:59.000 You spelled it out a little bit. 01:24:59.000 --> 01:25:03.270 What will that actually entail in the event that someone is 01:25:03.270 --> 01:25:05.000 in close proximity? 01:25:05.000 --> 01:25:08.000 What type of monitoring is happening? 01:25:08.000 --> 01:25:12.010 >> There's an actual evaluation done of the equipment at 01:25:12.010 --> 01:25:13.000 each site. 01:25:13.000 --> 01:25:17.199 So every piece of equipment on that location is supposed to 01:25:17.199 --> 01:25:21.989 have a standard operating pressure, standard operating 01:25:21.989 --> 01:25:23.000 procedure. 01:25:23.000 --> 01:25:26.659 The way it typically functions is going to be identified 01:25:26.659 --> 01:25:30.329 either in the emergency response plan or their measures 01:25:30.329 --> 01:25:32.000 that are submitted. 01:25:32.000 --> 01:25:35.979 So what this new proposal would give us is the opportunity 01:25:35.979 --> 01:25:40.050 to evaluate whether or not their equipment is functioning 01:25:40.050 --> 01:25:42.000 as they told us it would. 01:25:42.000 --> 01:25:46.409 So if there's any leaky valves, if a thief hatch is left 01:25:46.409 --> 01:25:49.579 open, that will give us the opportunity to identify those 01:25:49.579 --> 01:25:52.000 and take any corrective action as necessary. 01:25:52.000 --> 01:25:53.000 >> Thanks, Darren. 01:25:53.000 --> 01:25:55.000 >> Yes, sir. 01:25:55.000 --> 01:25:57.000 >> Ms. Wathen. 01:25:57.000 --> 01:26:00.000 >> This has to do with people who rent. 01:26:00.000 --> 01:26:03.970 There were a lot of citizen comments and concerns, some 01:26:03.970 --> 01:26:07.949 comments on planning and zoning as well about people who 01:26:07.949 --> 01:26:10.000 rent and notifications. 01:26:10.000 --> 01:26:14.710 So I want to emphasize that notice with any type of 01:26:14.710 --> 01:26:20.350 production will go to the property so that that renter will 01:26:20.350 --> 01:26:22.000 be notified. 01:26:22.000 --> 01:26:27.529 Item two regarding waiver, it is the property owner who 01:26:27.529 --> 01:26:33.420 will have the authority to say yes or no on a waiver, not 01:26:33.420 --> 01:26:37.000 the renter, so that everybody is clear on that. 01:26:37.000 --> 01:26:39.000 >> Yeah, thank you for that clarification. 01:26:39.000 --> 01:26:41.699 I know some people will read the ordinance and notice two 01:26:41.699 --> 01:26:45.170 different references, and I think what you spelled out 01:26:45.170 --> 01:26:48.619 helps clarify that in some instances, yes, it will be a 01:26:48.619 --> 01:26:50.000 property owner. 01:26:50.000 --> 01:26:52.130 Just due to the fact they own the property, any waiver 01:26:52.130 --> 01:26:54.000 would have to come from the property owner. 01:26:54.000 --> 01:26:57.239 But in the event of the operations at the location, you are 01:26:57.239 --> 01:27:00.460 correct that the notice would go actually to the property 01:27:00.460 --> 01:27:03.529 and not to somebody living in New York that happens to own 01:27:03.529 --> 01:27:04.000 it. 01:27:04.000 --> 01:27:06.000 It goes to who is there. 01:27:06.000 --> 01:27:09.000 Thank you for that. 01:27:09.000 --> 01:27:10.000 >> Mr. Hawkins. 01:27:10.000 --> 01:27:12.000 >> Thank you, mayor pro tem. 01:27:12.000 --> 01:27:15.050 Two, in previous ordinances we have not had an access and 01:27:15.050 --> 01:27:17.000 transportation plan, have we? 01:27:17.000 --> 01:27:20.000 Is this a new thing or have we had that before? 01:27:20.000 --> 01:27:23.789 >> We have had that before, but I think one of the things 01:27:23.789 --> 01:27:27.510 you may pick up on is the fact that we're using that plan 01:27:27.510 --> 01:27:31.000 now to identify that site access shall not be taken from a 01:27:31.000 --> 01:27:32.000 neighborhood street. 01:27:32.000 --> 01:27:33.000 >> Right. 01:27:33.000 --> 01:27:36.590 >> That's an actual category identified in our design 01:27:36.590 --> 01:27:38.000 criteria manual. 01:27:38.000 --> 01:27:42.189 So an engineer knows that site access on those levels of 01:27:42.189 --> 01:27:43.000 street. 01:27:43.000 --> 01:27:45.619 So we use the term residential, but some people would think 01:27:45.619 --> 01:27:48.000 if there's residences on it, it's residential. 01:27:48.000 --> 01:27:52.010 But any neighborhood street, so we do get the plan now, but 01:27:52.010 --> 01:27:54.000 there wasn't that caveat. 01:27:54.000 --> 01:27:56.350 So we would review it and make sure it supported the 01:27:56.350 --> 01:27:58.000 equipment and the truck route. 01:27:58.000 --> 01:28:00.689 But now we're actually looking for a restriction on those 01:28:00.689 --> 01:28:02.000 neighborhood streets. 01:28:02.000 --> 01:28:03.000 >> Great. Thank you. 01:28:03.000 --> 01:28:04.000 >> Yes, sir. 01:28:04.000 --> 01:28:06.000 >> Ms. Briggs. 01:28:06.000 --> 01:28:12.479 >> I just kind of wanted to go back to 35.5, 10.6A when we 01:28:12.479 --> 01:28:17.000 were talking about waivers and notifications. 01:28:17.000 --> 01:28:22.500 I heard this correctly earlier by moving the homeowner, by 01:28:22.500 --> 01:28:27.229 moving into the well, waives the right to -- it's an 01:28:27.229 --> 01:28:33.000 automatic waiver right from the production site setback. 01:28:33.000 --> 01:28:35.000 Can you go over that a little bit? 01:28:35.000 --> 01:28:37.000 >> Absolutely, yes, ma'am. 01:28:37.000 --> 01:28:40.079 Number one on this screen right in the middle there, so per 01:28:40.079 --> 01:28:43.880 section 35.5, 10.6, the reference I think asks for 01:28:43.880 --> 01:28:46.000 explanation on number one there. 01:28:46.000 --> 01:28:49.859 So the waivers from 100% of the protected uses, one of the 01:28:49.859 --> 01:28:54.000 ways that we can get that is an operator could go out and 01:28:54.000 --> 01:28:59.000 ask for a signed letter from each protected use owner. 01:28:59.000 --> 01:29:04.100 We have the opportunity to identify that in the event that 01:29:04.100 --> 01:29:09.159 property owner developed next to the site up to the reverse 01:29:09.159 --> 01:29:10.000 setback, 01:29:10.000 --> 01:29:13.449 that there wouldn't be a need to go back to that same 01:29:13.449 --> 01:29:17.000 property owner and ask for that signed waiver. 01:29:17.000 --> 01:29:20.899 So I think your comment is addressing the fact that in the 01:29:20.899 --> 01:29:24.819 instance somebody did build to the minimum, that would 01:29:24.819 --> 01:29:27.000 constitute their waiver. 01:29:27.000 --> 01:29:30.739 So the opportunity for an existing site to use that same 01:29:30.739 --> 01:29:35.000 setback distance of 250 feet is what the reverse is. 01:29:35.000 --> 01:29:38.779 They would have to get 100% and they'd be starting out with 01:29:38.779 --> 01:29:40.000 at least that one. 01:29:40.000 --> 01:29:44.569 It would only affect that one property that somebody built 01:29:44.569 --> 01:29:48.000 to, and it's only perspective so it won't go into the past, 01:29:48.000 --> 01:29:52.340 but after this were to be adopted, the language would say 01:29:52.340 --> 01:29:56.960 in the event somebody builds to, that that would constitute 01:29:56.960 --> 01:29:58.000 a waiver. 01:29:58.000 --> 01:30:00.579 >> So they decide to build their house and move into the 01:30:00.579 --> 01:30:02.000 minimum -- the setback. 01:30:02.000 --> 01:30:05.000 And so from that point on they have no say in what goes on. 01:30:05.000 --> 01:30:07.000 They waive their right. 01:30:07.000 --> 01:30:09.000 >> Well, not quite. 01:30:09.000 --> 01:30:11.000 They didn't waive their right. 01:30:11.000 --> 01:30:12.000 They still own the property. 01:30:12.000 --> 01:30:14.000 They can still develop the property. 01:30:14.000 --> 01:30:16.739 The only thing that we considered is their consent to 01:30:16.739 --> 01:30:18.000 reduce the setback. 01:30:18.000 --> 01:30:19.000 >> The setback. 01:30:19.000 --> 01:30:20.000 >> There's still a minimum setback. 01:30:20.000 --> 01:30:21.000 >> Okay. 01:30:21.000 --> 01:30:24.000 >> But since we only address the setback once per site, 01:30:24.000 --> 01:30:28.000 there won't be a time to go back and address it again. 01:30:28.000 --> 01:30:32.609 So what they waived is their consent to it reduction, 01:30:32.609 --> 01:30:35.000 consent to a reduction. 01:30:35.000 --> 01:30:36.000 >> Okay. 01:30:36.000 --> 01:30:39.149 I just wanted to make note that our fire chief is here in 01:30:39.149 --> 01:30:41.000 case we have any questions. 01:30:41.000 --> 01:30:43.000 Or the audience has any questions. 01:30:43.000 --> 01:30:44.000 He's here for that. 01:30:44.000 --> 01:30:46.000 >> Ms. Briggs, do you have any questions for the chief? 01:30:46.000 --> 01:30:48.000 Why don't you have the floor? 01:30:48.000 --> 01:30:49.000 You're good right now? 01:30:49.000 --> 01:30:50.000 Okay. 01:30:50.000 --> 01:30:51.000 Mr. Hawkins. 01:30:51.000 --> 01:30:53.000 >> Well, just to make sure I understand. 01:30:53.000 --> 01:30:55.000 So the house goes to the gas well. 01:30:55.000 --> 01:30:56.000 That is a reverse setback. 01:30:56.000 --> 01:31:00.000 That would be 250 feet if this passes. 01:31:00.000 --> 01:31:01.000 >> That's correct. 01:31:01.000 --> 01:31:04.380 >> Let's say that gas well site puts a second gas well on 01:31:04.380 --> 01:31:05.000 there. 01:31:05.000 --> 01:31:09.000 That setback now is 250 feet. 01:31:09.000 --> 01:31:10.000 Right? 01:31:10.000 --> 01:31:13.000 That's what, since the house went to the gas well. 01:31:13.000 --> 01:31:16.500 >> Well, what we identified in the setbacks is that there's 01:31:16.500 --> 01:31:20.000 still, if it's an existing site and somebody built to it, 01:31:20.000 --> 01:31:22.970 if an operator in a district that isn't industrial 01:31:22.970 --> 01:31:27.000 requested a gas well development site plan at that location 01:31:27.000 --> 01:31:27.000 , 01:31:27.000 --> 01:31:31.000 they would have to meet the site distance of 500 feet. 01:31:31.000 --> 01:31:34.000 But there are opportunities to reduce that. 01:31:34.000 --> 01:31:38.000 In the event that Councilmember Hawkins' condition laid out 01:31:38.000 --> 01:31:42.300 and somebody did build to 250, the setback isn't reduced to 01:31:42.300 --> 01:31:43.000 250. 01:31:43.000 --> 01:31:46.649 What we consider is in the operator's requirement to get 01:31:46.649 --> 01:31:51.149 100% of the protected use property owners between 500 and 01:31:51.149 --> 01:31:54.000 250 to consent to that reduction. 01:31:54.000 --> 01:31:57.380 That property owner that chose to develop at 250 feet, they 01:31:57.380 --> 01:32:02.000 've essentially submitted their consent to that reduction. 01:32:02.000 --> 01:32:05.470 But the operator would still be required to get the 100% 01:32:05.470 --> 01:32:09.000 from other property owners to reduce from 500 feet. 01:32:09.000 --> 01:32:11.000 It only addresses the one property. 01:32:11.000 --> 01:32:12.000 >> Okay. 01:32:12.000 --> 01:32:13.000 Thank you. 01:32:13.000 --> 01:32:14.000 >> Yes, sir. 01:32:14.000 --> 01:32:16.000 >> I don't see any other questions for staff. 01:32:16.000 --> 01:32:17.000 >> Thank you. 01:32:17.000 --> 01:32:18.000 >> Thank you very much. 01:32:18.000 --> 01:32:24.000 Now, here's how we have about 20 cards that wish to speak. 01:32:24.000 --> 01:32:27.000 Now, if you want to speak to the item tonight, you have to 01:32:27.000 --> 01:32:28.000 do a blue card. 01:32:28.000 --> 01:32:32.000 So you need to turn that into a staff person right away. 01:32:32.000 --> 01:32:33.000 We'll have about 20 cards. 01:32:33.000 --> 01:32:36.000 We will hear comments from our citizens. 01:32:36.000 --> 01:32:40.960 We ask that you follow the rules of decorum, that there's 01:32:40.960 --> 01:32:45.000 no expressions of delight or disapproval. 01:32:45.000 --> 01:32:49.000 Let folks have their chance to speak. 01:32:49.000 --> 01:32:51.739 This is going to take a little over an hour for these cards 01:32:51.739 --> 01:32:52.000 . 01:32:52.000 --> 01:32:58.000 I think we'll probably stop and take a break about 830. 01:32:58.000 --> 01:33:03.100 And then we'll finish the cards and then we will have a 01:33:03.100 --> 01:33:09.350 discussion among the council and motions or amendments and 01:33:09.350 --> 01:33:11.000 things like that. 01:33:11.000 --> 01:33:12.000 Ms. Wasign. 01:33:12.000 --> 01:33:16.189 >> I'd request that who's ever on deck go ahead and come 01:33:16.189 --> 01:33:20.000 down and be ready to then come up to the podium. 01:33:20.000 --> 01:33:21.000 >> You bet. 01:33:21.000 --> 01:33:25.000 And I will call two names at a time so that we'll know. 01:33:25.000 --> 01:33:26.000 So I believe we're ready. 01:33:26.000 --> 01:33:29.000 So first up will be Larry Beck. 01:33:29.000 --> 01:33:31.350 When you come up, if you would state your name and your 01:33:31.350 --> 01:33:33.000 address, your time would begin. 01:33:33.000 --> 01:33:46.000 And then on deck would be Topher Jones. 01:33:46.000 --> 01:33:47.000 >> Good evening. 01:33:47.000 --> 01:33:48.000 My name's Larry Beck. 01:33:48.000 --> 01:33:50.000 I live at 915E Sherman Drive. 01:33:50.000 --> 01:33:53.000 Thank you for letting me speak tonight. 01:33:53.000 --> 01:33:56.510 What we find ourselves deciding today after being denied 01:33:56.510 --> 01:34:00.069 our fracking ban vis-a-vis a VHB 40 is the limited ability 01:34:00.069 --> 01:34:03.340 to prevent the oil and gas industry from doing what they do 01:34:03.340 --> 01:34:07.000 at distances where damages will be hopefully minimal if a 01:34:07.000 --> 01:34:08.000 well head explodes or the waste 01:34:08.000 --> 01:34:11.000 product gets spilled into streams or drainage pipes. 01:34:11.000 --> 01:34:14.380 It's become clear that land which could be used to develop 01:34:14.380 --> 01:34:17.859 new homes or businesses face restraints that consume large 01:34:17.859 --> 01:34:21.359 areas of their land because of setback distances from wheel 01:34:21.359 --> 01:34:22.000 heads. 01:34:22.000 --> 01:34:24.899 Land that essentially becomes valueless because of the 01:34:24.899 --> 01:34:27.760 serious health and safety risks that gas and oil wells pose 01:34:27.760 --> 01:34:28.000 . 01:34:28.000 --> 01:34:31.670 Landowners understandably want a minimal setback distance 01:34:31.670 --> 01:34:34.880 so they can utilize as much as the land that they can for 01:34:34.880 --> 01:34:36.000 development. 01:34:36.000 --> 01:34:39.479 This of course benefits us as a city as we grow providing 01:34:39.479 --> 01:34:41.000 more homes and jobs. 01:34:41.000 --> 01:34:45.000 But should we plan our future with an economic vision only? 01:34:45.000 --> 01:34:47.899 In our efforts to widen our tax base and make room for 01:34:47.899 --> 01:34:51.329 expansion, do we unthinkingly minimize the hazards that lie 01:34:51.329 --> 01:34:54.000 within close proximity of this new growth? 01:34:54.000 --> 01:34:57.029 This issue doesn't directly affect me where I live off of 01:34:57.029 --> 01:35:00.039 Sherman Drive near the old Piggly Wigley so I have no skin 01:35:00.039 --> 01:35:01.000 in this game. 01:35:01.000 --> 01:35:03.899 So why am I here to insist that we ensure the greatest 01:35:03.899 --> 01:35:06.000 possible distances for these setbacks? 01:35:06.000 --> 01:35:11.180 Think back to April 2013 when an ammonium nitrate explosion 01:35:11.180 --> 01:35:15.000 occurred at the fertilizer plant in West Texas. 01:35:15.000 --> 01:35:17.899 The emergency services personnel who were responding to a 01:35:17.899 --> 01:35:20.989 fire at the facility prior to the explosion were instantly 01:35:20.989 --> 01:35:24.000 killed along with two civilian volunteers. 01:35:24.000 --> 01:35:28.189 All total 15 people were killed, more than 160 were injured 01:35:28.189 --> 01:35:32.000 , and more than 150 buildings were damaged or destroyed. 01:35:32.000 --> 01:35:35.479 Before this deadly explosion occurred, the writing was bold 01:35:35.479 --> 01:35:38.869 ly written across the wall about the threat this plant posed 01:35:38.869 --> 01:35:42.000 to the health and safety of workers and nearby residents. 01:35:42.000 --> 01:35:44.930 The plant owners had been warned and fined numerous times 01:35:44.930 --> 01:35:47.800 by various state and federal agencies and yet buildup of 01:35:47.800 --> 01:35:50.000 ammonium nitrate was never resolved. 01:35:50.000 --> 01:35:53.210 I remember shaking my head when I realized that the people 01:35:53.210 --> 01:35:56.100 that could have done and should have taken action to 01:35:56.100 --> 01:35:59.000 prevent this fiasco did essentially nothing. 01:35:59.000 --> 01:36:01.899 No one took responsibility, no one stepped up and said 01:36:01.899 --> 01:36:03.000 enough is enough. 01:36:03.000 --> 01:36:07.189 Now 15 families have suffered the worst possible outcome of 01:36:07.189 --> 01:36:09.000 this do nothing attitude. 01:36:09.000 --> 01:36:12.550 I don't want Denton to suffer this consequence from doing 01:36:12.550 --> 01:36:15.000 too little or simply doing nothing. 01:36:15.000 --> 01:36:17.510 Those who feel the need to see Denton's future and the 01:36:17.510 --> 01:36:20.420 economic promise of this land yet to be developed must be 01:36:20.420 --> 01:36:23.439 prepared to be responsible enough to also see the 01:36:23.439 --> 01:36:25.000 consequences of their action 01:36:25.000 --> 01:36:28.670 that allows homes and businesses in close proximity to a 01:36:28.670 --> 01:36:32.250 deadly toxic industry not unlike that of the West Texas 01:36:32.250 --> 01:36:34.000 fertilizer factory. 01:36:34.000 --> 01:36:37.670 Thinking such a horrific accident will never occur or worse 01:36:37.670 --> 01:36:41.630 , hoping it won't, will do little to assuage the conscience 01:36:41.630 --> 01:36:46.189 of us when a deadly explosion takes out nearby homes and 01:36:46.189 --> 01:36:48.000 the people who reside therein. 01:36:48.000 --> 01:36:51.510 Families with children and even babies who put their trust 01:36:51.510 --> 01:36:54.520 in the decisions of people who put more emphasis on 01:36:54.520 --> 01:36:57.899 economic development than they did sensible health and 01:36:57.899 --> 01:37:01.000 safety standards that would protect human life. Thank you. 01:37:01.000 --> 01:37:08.649 Thank you Mr. Beck. Mr. Tofer Jones and up next is Ed 01:37:08.649 --> 01:37:10.000 Ireland. 01:37:10.000 --> 01:37:15.329 Hi, Tofer Jones, 419 Fulton Street here in Denton. Thanks 01:37:15.329 --> 01:37:17.000 for allowing me to speak tonight. 01:37:17.000 --> 01:37:19.899 My neighbors and my friends and I and many citizens have 01:37:19.899 --> 01:37:23.000 worked hard to keep fracking out of our neighborhoods. 01:37:23.000 --> 01:37:26.470 We fought for our health and safety. We knocked on doors 01:37:26.470 --> 01:37:30.079 throughout Denton and we voted to keep this type of 01:37:30.079 --> 01:37:33.000 industry out of our backyards and we won. 01:37:33.000 --> 01:37:36.869 In light of this, I'm asking the council to please pass the 01:37:36.869 --> 01:37:39.000 strongest possible ordinance. 01:37:39.000 --> 01:37:42.159 And I'd like to kind of reiterate what's been said before 01:37:42.159 --> 01:37:44.000 and what I think this means. 01:37:44.000 --> 01:37:48.520 I believe that we should go with 1500 foot for both setback 01:37:48.520 --> 01:37:51.000 and reverse setback distances. 01:37:51.000 --> 01:37:54.369 Both Dallas and Flower Mound have these in place and I don 01:37:54.369 --> 01:37:57.000 't see why we shouldn't go for this also. 01:37:57.000 --> 01:38:03.000 250 feet is completely unacceptable for reverse setbacks. 01:38:03.000 --> 01:38:06.380 And if this doesn't work, then I'm wondering why we can't 01:38:06.380 --> 01:38:11.000 keep the 1200 foot with like that of the 2013 ordinance. 01:38:11.000 --> 01:38:15.409 1000 foot is the absolute minimum that you guys should 01:38:15.409 --> 01:38:19.000 approve for both setbacks and reverse setbacks. 01:38:19.000 --> 01:38:22.149 It's also a bit bothersome that there's some possible 01:38:22.149 --> 01:38:25.579 conflicts of interest with some of you maybe regarding set 01:38:25.579 --> 01:38:26.000 backs. 01:38:26.000 --> 01:38:28.699 And if that's the case, I would hope that you would not 01:38:28.699 --> 01:38:30.000 vote on this tonight. 01:38:30.000 --> 01:38:33.670 Excuse yourself from that. I think you should do away with 01:38:33.670 --> 01:38:35.000 variances. 01:38:35.000 --> 01:38:37.000 What are the real purpose of these things? 01:38:37.000 --> 01:38:40.350 I mean, it seems like that these just give industry 01:38:40.350 --> 01:38:44.000 priority and maybe grant some exemptions for them. 01:38:44.000 --> 01:38:49.000 So please do away with variances in this ordinance. 01:38:49.000 --> 01:38:51.770 I suggest that when a permit has been approved for 01:38:51.770 --> 01:38:54.000 continued fracking in the neighborhood, 01:38:54.000 --> 01:38:57.199 that community get notification at least two weeks prior to 01:38:57.199 --> 01:38:59.000 the beginning of operations. 01:38:59.000 --> 01:39:03.000 Anything less than this, I think, is unacceptable. 01:39:03.000 --> 01:39:06.229 Notifications should not only be on the city website, but I 01:39:06.229 --> 01:39:10.000 think they should be handed out through mailers or flyers 01:39:10.000 --> 01:39:13.439 and possible maybe a sign posted in a neighborhood for all 01:39:13.439 --> 01:39:17.520 to see, not just the frack well site, but maybe an entrance 01:39:17.520 --> 01:39:19.000 to a neighborhood also. 01:39:19.000 --> 01:39:24.130 And anyone moving into Denton should, especially renters or 01:39:24.130 --> 01:39:26.000 maybe somebody moving into a new neighborhood 01:39:26.000 --> 01:39:29.680 that are moving to an existing frack well site should be 01:39:29.680 --> 01:39:33.180 notified prior to moving in with a separate flyer or 01:39:33.180 --> 01:39:37.359 something like the lead paint flyer that you get when you 01:39:37.359 --> 01:39:39.000 move into a new place. 01:39:39.000 --> 01:39:42.220 Air and water testing should be completed both pre and post 01:39:42.220 --> 01:39:43.000 fracking. 01:39:43.000 --> 01:39:46.000 I think it should also be completed during the process. 01:39:46.000 --> 01:39:49.010 This should be completed by a third party and paid for by 01:39:49.010 --> 01:39:50.000 the industry. 01:39:50.000 --> 01:39:54.189 If this is a safe practice industry, as they suggest, then 01:39:54.189 --> 01:39:58.000 they should not, they shouldn't be opposed to this. 01:39:58.000 --> 01:40:02.550 We need to know if they're operating within the state and 01:40:02.550 --> 01:40:04.000 federal laws. 01:40:04.000 --> 01:40:06.670 I think that you should also be talking about requiring 01:40:06.670 --> 01:40:12.000 vapor recovery units. Please push for vapor recovery units. 01:40:12.000 --> 01:40:16.189 There's also I think that pits should be banned and permit, 01:40:16.189 --> 01:40:20.000 the permit fees should be increased significantly. 01:40:20.000 --> 01:40:22.210 There's no need to make this easier for the industry to 01:40:22.210 --> 01:40:24.000 continue fracking. 01:40:24.000 --> 01:40:26.119 And they know we don't want in here and so do you guys. So 01:40:26.119 --> 01:40:29.449 I'm asking you guys to take a look at these, please. Thank 01:40:29.449 --> 01:40:30.000 you. 01:40:30.000 --> 01:40:32.000 Thank you very much. Question for staff. 01:40:32.000 --> 01:40:37.640 When we talked about the notices going out to residents and 01:40:37.640 --> 01:40:42.510 to property owners, notice for activity, what is the 01:40:42.510 --> 01:40:44.000 timeline? 01:40:44.000 --> 01:40:47.600 According to the ordinance. Do you need a minute to look it 01:40:47.600 --> 01:40:48.000 up? 01:40:48.000 --> 01:40:51.449 Yeah, I'll take a minute. But it's a notice that goes out 01:40:51.449 --> 01:40:57.140 to the properties for any activity where you're drilling, 01:40:57.140 --> 01:40:59.000 working over, performing completion, 01:40:59.000 --> 01:41:01.250 completion, completion, plugging and abandoning or 01:41:01.250 --> 01:41:03.000 performing other maintenance activities. 01:41:03.000 --> 01:41:06.710 And it has to go out. It has to go out no sooner than 20 01:41:06.710 --> 01:41:10.000 days and no later than two days prior to those activities. 01:41:10.000 --> 01:41:14.000 Twenty to two days. Twenty to two. Okay. 01:41:14.000 --> 01:41:25.000 Ed Ireland and after him, Randy Sorrels. 01:41:25.000 --> 01:41:30.119 My name is Ed Ireland, 777 Taylor Street in Fort Worth, 01:41:30.119 --> 01:41:31.000 Texas. 01:41:31.000 --> 01:41:33.899 At the city council meeting last week, there was a 01:41:33.899 --> 01:41:38.210 discussion about whether or not a 1000 foot setback in a 01:41:38.210 --> 01:41:42.369 neighboring municipality is commercially reasonable under a 01:41:42.369 --> 01:41:46.000 prima facie clause in HB 40, 01:41:46.000 --> 01:41:50.039 which would provide a legal basis for the city of Denton to 01:41:50.039 --> 01:41:53.000 implement the same setback distance. 01:41:53.000 --> 01:41:56.180 I emphasize again that there is a that that is a misreading 01:41:56.180 --> 01:41:58.000 of the law for three reasons. 01:41:58.000 --> 01:42:01.609 And I prepared a fact sheet that I sent to the staff and I 01:42:01.609 --> 01:42:05.479 think maybe it got distributed electronically just so it 01:42:05.479 --> 01:42:07.000 was written down. 01:42:07.000 --> 01:42:10.000 But three reasons that that's a misreading. 01:42:10.000 --> 01:42:14.220 One is commercially reasonable is only one of the criteria 01:42:14.220 --> 01:42:18.000 for evaluating the legality of a city ordinance. 01:42:18.000 --> 01:42:23.000 Second, a five year prima facie status is not irrefutable, 01:42:23.000 --> 01:42:27.000 as was emphasized by your city attorney who said, quote, 01:42:27.000 --> 01:42:30.289 what it is not is an irrefutable presumption of reasonab 01:42:30.289 --> 01:42:31.000 leness. 01:42:31.000 --> 01:42:34.479 In other words, satisfying this five year prima facie 01:42:34.479 --> 01:42:38.069 status will not automatically make a setback distance 01:42:38.069 --> 01:42:40.000 commercially reasonable. 01:42:40.000 --> 01:42:43.000 And third, specific conditions must be considered. 01:42:43.000 --> 01:42:47.189 Every city is different, which is why HB 40 did not 01:42:47.189 --> 01:42:51.000 establish a statewide standards for commercially reasonable 01:42:51.000 --> 01:42:51.000 . 01:42:51.000 --> 01:42:56.649 Factors such as population, population density, topography 01:42:56.649 --> 01:43:01.760 and other surface realities vary across the state and even 01:43:01.760 --> 01:43:03.000 within a city. 01:43:03.000 --> 01:43:08.090 Regarding one of the provisions about preemption by state 01:43:08.090 --> 01:43:13.159 law, I wanted to emphasize I think your proposed ordinance 01:43:13.159 --> 01:43:16.000 does not cover vapor recovery units. 01:43:16.000 --> 01:43:19.260 And that is the right decision to make because vapor 01:43:19.260 --> 01:43:22.800 recovery units are not required for the most part in the 01:43:22.800 --> 01:43:24.000 city of Denton. 01:43:24.000 --> 01:43:26.000 The gas that's produced here is dry. 01:43:26.000 --> 01:43:28.000 There are no condensate tanks. 01:43:28.000 --> 01:43:29.000 There are no tanks. 01:43:29.000 --> 01:43:32.000 There is nothing to hook a vapor recovery unit to. 01:43:32.000 --> 01:43:34.000 They will not operate. 01:43:34.000 --> 01:43:36.000 They're not needed. 01:43:36.000 --> 01:43:40.510 Finally, on pad size, pad sizes, pad site sizes, I believe 01:43:40.510 --> 01:43:45.000 in your proposed ordinance now you have a three acre site. 01:43:45.000 --> 01:43:51.000 That is small, but at least it's workable size. 01:43:51.000 --> 01:43:54.000 I think you shouldn't have a size limitation. 01:43:54.000 --> 01:43:57.600 You should just be able to let the operator prove up 01:43:57.600 --> 01:44:01.710 whatever size is needed because that's how you encourage 01:44:01.710 --> 01:44:06.000 multiple wells being drilled on the same pad site. 01:44:06.000 --> 01:44:09.489 So if you make a requirement that they're too small, you 01:44:09.489 --> 01:44:13.000 will not get the multiple wells drilled on a pad site. 01:44:13.000 --> 01:44:16.310 So a three acre minimum with proving up whatever size is 01:44:16.310 --> 01:44:20.000 required I think would be your most reasonable approach. 01:44:20.000 --> 01:44:23.000 Thank you. 01:44:23.000 --> 01:44:27.050 One thing that I should have asked each speaker to do at 01:44:27.050 --> 01:44:30.250 the start, I'll ask you at the end, is as you start, after 01:44:30.250 --> 01:44:34.000 you say your name and your address, if you would just say 01:44:34.000 --> 01:44:39.590 that you're opposed to the current proposed ordinance or 01:44:39.590 --> 01:44:43.000 you're in favor of it, are you opposed or in favor? 01:44:43.000 --> 01:44:46.920 There are parts of it that I would be opposed to and just 01:44:46.920 --> 01:44:51.109 cited my suggestions, but overall I think you've come up 01:44:51.109 --> 01:44:55.470 with a tough ordinance, but for the most part it's workable 01:44:55.470 --> 01:44:56.000 . 01:44:56.000 --> 01:45:01.000 Okay. We have some questions for you, Ms. Briggs. 01:45:01.000 --> 01:45:05.909 As far as a legal challenge, I just want to remind you that 01:45:05.909 --> 01:45:10.560 the law has to be applied on a rational basis, and I ask 01:45:10.560 --> 01:45:15.800 industry not to manipulate the intent of HB 40 from what 01:45:15.800 --> 01:45:19.439 the legislature intended by saying that setbacks in 01:45:19.439 --> 01:45:25.000 different areas for different situations won't work. 01:45:25.000 --> 01:45:26.000 That's all. Thank you. 01:45:26.000 --> 01:45:30.000 Are there other questions? 01:45:30.000 --> 01:45:31.000 Mr. Rogen. 01:45:31.000 --> 01:45:33.899 I did want to dig into this comment about commercially 01:45:33.899 --> 01:45:35.000 reasonable as it. 01:45:35.000 --> 01:45:37.470 You started off talking about this comparison to other 01:45:37.470 --> 01:45:38.000 cities. 01:45:38.000 --> 01:45:40.250 And if something works in one city maybe it's not going to 01:45:40.250 --> 01:45:42.659 work in another city because of differences in geology, top 01:45:42.659 --> 01:45:45.000 ography and all these things that you mentioned. 01:45:45.000 --> 01:45:47.000 Then you made a clarification. 01:45:47.000 --> 01:45:51.260 You said that might even be the case within a city that 01:45:51.260 --> 01:45:54.069 there might be a setback provision that works in one 01:45:54.069 --> 01:45:57.000 situation that doesn't work in another situation. 01:45:57.000 --> 01:46:02.869 Is that true? Is that kind of how you understand the 01:46:02.869 --> 01:46:06.069 commercially reasonableness concept of HB 40 and how that 01:46:06.069 --> 01:46:08.960 might be played out that even within a known -- internal to 01:46:08.960 --> 01:46:11.489 a city, there might have to be different rules for 01:46:11.489 --> 01:46:13.000 different well sites? 01:46:13.000 --> 01:46:17.409 Well, HB 40 did not specify that it has to be between the 01:46:17.409 --> 01:46:19.000 municipalities. 01:46:19.000 --> 01:46:21.000 It just refers to commercially reasonable. 01:46:21.000 --> 01:46:22.000 Right. 01:46:22.000 --> 01:46:25.000 So I guess ultimately that's however that's interpreted. 01:46:25.000 --> 01:46:27.000 Gotcha. 01:46:27.000 --> 01:46:28.000 Okay. 01:46:28.000 --> 01:46:29.000 Thank you. 01:46:29.000 --> 01:46:30.000 Mr. Hawkins. 01:46:30.000 --> 01:46:33.000 I too was puzzled last week by that and I was trying to 01:46:33.000 --> 01:46:34.000 figure it out. 01:46:34.000 --> 01:46:36.000 I think I still am. 01:46:36.000 --> 01:46:39.000 And I bet you I know the answer to this. 01:46:39.000 --> 01:46:43.579 But if minerals were more difficult to get out of the 01:46:43.579 --> 01:46:48.289 ground for us to be commercially reasonable, are we 01:46:48.289 --> 01:46:53.000 supposed to have less stringent of an ordinance? 01:46:53.000 --> 01:46:58.640 So if the topography was, you know, rough and rocky, we're 01:46:58.640 --> 01:47:03.000 supposed to have a more lenient ordinance? 01:47:03.000 --> 01:47:06.430 Well, again, ultimately that is going to get determined 01:47:06.430 --> 01:47:09.000 through I would imagine a legal process. 01:47:09.000 --> 01:47:10.000 Sure. 01:47:10.000 --> 01:47:13.569 And so however that might play out given all the factors 01:47:13.569 --> 01:47:17.000 that would have to be taken into consideration. 01:47:17.000 --> 01:47:18.000 Okay. 01:47:18.000 --> 01:47:20.000 Thank you. 01:47:20.000 --> 01:47:21.000 I don't see any more questions. 01:47:21.000 --> 01:47:22.000 Thank you, Mr. Ireland. 01:47:22.000 --> 01:47:23.000 Thank you. 01:47:23.000 --> 01:47:28.000 Randy Sorrels and Bobby Jones is on deck. 01:47:28.000 --> 01:47:30.000 My name is Randy Sorrels. 01:47:30.000 --> 01:47:32.000 I live at 3501 Rose Lawn Drive. 01:47:32.000 --> 01:47:35.180 We have approximately 100 acres of property there in the 01:47:35.180 --> 01:47:36.000 city limits. 01:47:36.000 --> 01:47:39.000 And your position on the ordinance, your favor or opposed? 01:47:39.000 --> 01:47:42.439 Well, my position on the ordinance is I'm concerned with 01:47:42.439 --> 01:47:45.659 the people that were grandfathered in or already have 01:47:45.659 --> 01:47:48.000 existing wells on their property. 01:47:48.000 --> 01:47:50.000 I want to make my comments about that. 01:47:50.000 --> 01:47:51.000 Sure. 01:47:51.000 --> 01:47:56.000 We have three immediately around our house that we can see. 01:47:56.000 --> 01:48:00.189 We have a water well that sits almost in the middle of the 01:48:00.189 --> 01:48:03.000 triangle between three gas wells. 01:48:03.000 --> 01:48:05.000 I've had the water tested three different times. 01:48:05.000 --> 01:48:09.770 We've had no problems, no issues, same as it was 20 years 01:48:09.770 --> 01:48:14.109 ago, a little high in sodium, soft water, that type of 01:48:14.109 --> 01:48:15.000 stuff. 01:48:15.000 --> 01:48:19.029 But when we drilled these wells or when these wells were 01:48:19.029 --> 01:48:22.000 drilled, we went through the city. 01:48:22.000 --> 01:48:25.920 We dotted our I's, crossed our T's, complied with all the 01:48:25.920 --> 01:48:29.000 ordinances, everything that was needed. 01:48:29.000 --> 01:48:31.000 We have minimum setbacks. 01:48:31.000 --> 01:48:33.000 We've had no complaints. 01:48:33.000 --> 01:48:36.000 These wells have been operating since 2003. 01:48:36.000 --> 01:48:40.000 We've had no issues of noise, any issues of complaints. 01:48:40.000 --> 01:48:43.000 We've had no problems. 01:48:43.000 --> 01:48:46.000 We've raised three children. They're all Duke scholars. 01:48:46.000 --> 01:48:50.409 We have 50-plus animals that live out there, two different 01:48:50.409 --> 01:48:52.000 tanks we fish out of. 01:48:52.000 --> 01:48:54.750 We've had none of the issues that we hear from other people 01:48:54.750 --> 01:48:55.000 . 01:48:55.000 --> 01:48:58.489 And this was with the older technology that we had years 01:48:58.489 --> 01:48:59.000 ago. 01:48:59.000 --> 01:49:04.439 Sad to say, in every industry, there are sometimes 01:49:04.439 --> 01:49:06.000 incidents. 01:49:06.000 --> 01:49:08.579 If we had a plane crash this afternoon, we wouldn't shut 01:49:08.579 --> 01:49:10.810 all the planes down in the United States because there was 01:49:10.810 --> 01:49:12.000 some type of a tragedy. 01:49:12.000 --> 01:49:15.000 It happens in the industry. We like the regulations. 01:49:15.000 --> 01:49:19.000 We support responsible people and their operations. 01:49:19.000 --> 01:49:22.390 But we also enjoy this winter when we're heating our 01:49:22.390 --> 01:49:25.460 schools and stuff, that the price of natural gas is at a 01:49:25.460 --> 01:49:29.000 record low right now so that we can heat our buildings, 01:49:29.000 --> 01:49:32.000 keep our kids warm in school. 01:49:32.000 --> 01:49:34.000 It's a very positive thing. 01:49:34.000 --> 01:49:36.939 So my comments were that I live in a situation where all 01:49:36.939 --> 01:49:40.000 this stuff has happened with the older technology. 01:49:40.000 --> 01:49:42.899 I look forward to the newer technology where they can red 01:49:42.899 --> 01:49:45.000 rill these wells from a half a mile away. 01:49:45.000 --> 01:49:47.000 I won't even see them. 01:49:47.000 --> 01:49:50.649 That's a potential that we could have and re-get production 01:49:50.649 --> 01:49:52.000 , things go good. 01:49:52.000 --> 01:49:56.000 And it's been a very positive thing. 01:49:56.000 --> 01:49:58.779 And I hear a lot of the other comments, and I just want to 01:49:58.779 --> 01:50:00.000 state my side of it. 01:50:00.000 --> 01:50:06.000 And we're very happy and still living there. 01:50:06.000 --> 01:50:10.000 Thank you. We have a question, Ms. Briggs. 01:50:10.000 --> 01:50:14.000 I'm just curious how close your home is to the wells. 01:50:14.000 --> 01:50:16.260 The first gas well, every morning I see it when I walk into 01:50:16.260 --> 01:50:17.000 my bathroom. 01:50:17.000 --> 01:50:20.000 I have two four by six glass windows. 01:50:20.000 --> 01:50:23.000 And as I look out, it's about 300 feet from my house. 01:50:23.000 --> 01:50:25.000 300 feet. 01:50:25.000 --> 01:50:26.810 Approximately. I mean, I have to get out there and measure 01:50:26.810 --> 01:50:28.000 it. Maybe 400. 01:50:28.000 --> 01:50:31.000 I have two, I'm a very green person. 01:50:31.000 --> 01:50:33.000 I have two wind turbines on my property. 01:50:33.000 --> 01:50:35.000 I get my electricity from wind. 01:50:35.000 --> 01:50:37.000 I also have solar. 01:50:37.000 --> 01:50:41.619 So I'm not quite the old, I am a property owner, I am a 01:50:41.619 --> 01:50:43.000 mineral owner, and I'm happy about it. 01:50:43.000 --> 01:50:44.000 Yes. 01:50:44.000 --> 01:50:48.000 But I'm also trying to do my part as far as other things. 01:50:48.000 --> 01:50:49.000 Thank you. 01:50:49.000 --> 01:50:50.000 Thank you very much. 01:50:50.000 --> 01:50:51.000 Okay. Thank you all. 01:50:51.000 --> 01:50:57.000 All right. Bobby Jones and after him, Mr. Gilbert Horton. 01:50:57.000 --> 01:51:01.250 Good evening. I'm Bobby Jones, 1824 South Bonney Bray 01:51:01.250 --> 01:51:03.000 Street here in Denton. 01:51:03.000 --> 01:51:07.289 What I'm here, and I'm not opposed and I'm not for, I'm 01:51:07.289 --> 01:51:09.000 mixed up a little. 01:51:09.000 --> 01:51:11.000 Well, so are we. 01:51:11.000 --> 01:51:14.289 And I understand. And I want to thank you all for the job 01:51:14.289 --> 01:51:15.000 you do. 01:51:15.000 --> 01:51:19.319 What I'm here about is on existing wells, the reverse set 01:51:19.319 --> 01:51:20.000 back. 01:51:20.000 --> 01:51:24.000 I don't have a problem with the 250 foot reverse setback. 01:51:24.000 --> 01:51:28.000 What I do have a problem with is when my wells were put in, 01:51:28.000 --> 01:51:32.000 they were put in and designed from the well head, 01:51:32.000 --> 01:51:34.000 not from the well site. 01:51:34.000 --> 01:51:39.229 So now in this new rules, when we go to the well site, I'm 01:51:39.229 --> 01:51:44.000 losing more surface acres around and not only that, 01:51:44.000 --> 01:51:49.619 but like one well head is exactly 250 foot off as required 01:51:49.619 --> 01:51:56.000 with a waiver from the city off of an existing building 01:51:56.000 --> 01:52:01.000 that has since been sold on another property line. 01:52:01.000 --> 01:52:05.189 And then my home from that same well is approximately 300 01:52:05.189 --> 01:52:07.000 foot the other direction. 01:52:07.000 --> 01:52:11.789 When we start going out, not only is everybody losing money 01:52:11.789 --> 01:52:17.000 by going out, but then it's just confusing everything. 01:52:17.000 --> 01:52:20.000 I mean, I did everything by the book. 01:52:20.000 --> 01:52:24.000 I planned for development back in 2001 when we leased. 01:52:24.000 --> 01:52:27.000 These wells have been there since 2002. 01:52:27.000 --> 01:52:29.000 Absolutely no problems. 01:52:29.000 --> 01:52:33.029 We got another well which is approximately 300 foot from my 01:52:33.029 --> 01:52:34.000 mother's home. 01:52:34.000 --> 01:52:39.960 And like I said, we've owned this property except there's 01:52:39.960 --> 01:52:45.420 82 acres there and 18 and a half of them we owned for 40 01:52:45.420 --> 01:52:46.000 plus years. 01:52:46.000 --> 01:52:50.000 The other remainder, 73 years. 01:52:50.000 --> 01:52:51.000 We've been here. 01:52:51.000 --> 01:52:53.000 We pay our taxes. 01:52:53.000 --> 01:52:56.000 And I just, I don't feel like we need to take any more away 01:52:56.000 --> 01:52:56.000 . 01:52:56.000 --> 01:52:59.420 And then I think it's going to add to problems on existing 01:52:59.420 --> 01:53:03.069 wells, not only in my place, but elsewhere, when we start 01:53:03.069 --> 01:53:06.000 moving where our setbacks are, 01:53:06.000 --> 01:53:09.000 because they were designed by a set of rules. 01:53:09.000 --> 01:53:10.000 Thank you. 01:53:10.000 --> 01:53:11.000 Okay. 01:53:11.000 --> 01:53:12.000 We have a question. 01:53:12.000 --> 01:53:13.000 Were you done? 01:53:13.000 --> 01:53:14.000 Yeah. 01:53:14.000 --> 01:53:15.000 Okay. 01:53:15.000 --> 01:53:16.000 We have a question, Mr. Johnson. 01:53:16.000 --> 01:53:20.000 Mr. Jones, thank you for coming out. 01:53:20.000 --> 01:53:22.420 Because you highlight one of the real -- there's a lot of 01:53:22.420 --> 01:53:24.000 challenges with this, right? 01:53:24.000 --> 01:53:28.960 And no matter how we decide on this thing, people leave 01:53:28.960 --> 01:53:33.409 unhappy, which makes it really uncomfortable sitting up 01:53:33.409 --> 01:53:34.000 here. 01:53:34.000 --> 01:53:37.710 You mentioned that you've lived on that property since -- 01:53:37.710 --> 01:53:39.000 what did you say? 01:53:39.000 --> 01:53:43.250 Well, my grandparents come to Denton 73 years ago, and they 01:53:43.250 --> 01:53:45.000 bought that property. 01:53:45.000 --> 01:53:51.000 And so they actually had it since then, 35 has cut in. 01:53:51.000 --> 01:53:54.539 They had it -- so now we've got property still on the west 01:53:54.539 --> 01:53:57.000 side in a joint venture of 35. 01:53:57.000 --> 01:54:00.000 Then we've got the property on the east side. 01:54:00.000 --> 01:54:02.899 And another challenging thing that I just thought about was 01:54:02.899 --> 01:54:05.579 the city's getting ready to take some utility easements 01:54:05.579 --> 01:54:07.000 down there near this well, 01:54:07.000 --> 01:54:09.970 so I'm getting condensed when we keep moving both 01:54:09.970 --> 01:54:11.000 directions. 01:54:11.000 --> 01:54:13.000 So the last -- 01:54:13.000 --> 01:54:15.000 Ingress and egress. 01:54:15.000 --> 01:54:16.000 Yeah. 01:54:16.000 --> 01:54:18.079 Well, the last gentleman that spoke talked about he's got a 01:54:18.079 --> 01:54:20.000 water well on the site, and he's had his water tested. 01:54:20.000 --> 01:54:23.380 Do you guys have water wells out there, or are you on city 01:54:23.380 --> 01:54:24.000 water? 01:54:24.000 --> 01:54:27.909 My grandparents did have water wells, but we are now on 01:54:27.909 --> 01:54:29.000 city water. 01:54:29.000 --> 01:54:32.369 The water wells had to go away because -- and I'm not 01:54:32.369 --> 01:54:35.609 blaming North Texas, but when they went to water the golf 01:54:35.609 --> 01:54:37.000 course all the time, 01:54:37.000 --> 01:54:40.010 they lowered that water table so low that it was just 01:54:40.010 --> 01:54:42.000 better to be on the city water. 01:54:42.000 --> 01:54:47.159 Have you guys had any health issues as related to the wells 01:54:47.159 --> 01:54:48.000 being -- 01:54:48.000 --> 01:54:51.000 Look at me. 01:54:51.000 --> 01:54:52.000 Kindred spirits. 01:54:52.000 --> 01:54:53.000 Thank you. 01:54:53.000 --> 01:54:54.000 Absolutely none. 01:54:54.000 --> 01:54:59.630 I've got my family living there, or me and my wife have my 01:54:59.630 --> 01:55:01.000 mother-in-law. 01:55:01.000 --> 01:55:06.000 My mother lives right up about 400 foot in another home. 01:55:06.000 --> 01:55:12.000 We've been here, and everybody's been there since 2002. 01:55:12.000 --> 01:55:15.000 Both wells, I think, were drilled in two. 01:55:15.000 --> 01:55:19.189 I think actually my well was maybe the first in the city of 01:55:19.189 --> 01:55:20.000 Denton. 01:55:20.000 --> 01:55:21.000 Thank you for coming out. 01:55:21.000 --> 01:55:23.000 You're welcome. 01:55:23.000 --> 01:55:24.000 Thank you very much. 01:55:24.000 --> 01:55:26.000 Thank you. 01:55:26.000 --> 01:55:32.000 Gilbert Horton, and then next is Walt Lindrose. 01:55:32.000 --> 01:55:33.000 Thank you. 01:55:33.000 --> 01:55:34.000 My name is Gilbert Horton. 01:55:34.000 --> 01:55:38.850 I represent Devon Energy 1209 County Road 1304 in Bridge 01:55:38.850 --> 01:55:40.000 port, Texas. 01:55:40.000 --> 01:55:44.140 Again, Council, I want to -- speaking tonight with the 01:55:44.140 --> 01:55:48.000 ordinance as is and as presented, 01:55:48.000 --> 01:55:51.670 leaning towards supportive, doesn't mean we don't still 01:55:51.670 --> 01:55:54.000 have some very big concerns about it, 01:55:54.000 --> 01:55:57.699 but all in all, I believe it's been a product of compromise 01:55:57.699 --> 01:55:58.000 . 01:55:58.000 --> 01:56:02.409 I just want to thank you again for the city staff and for 01:56:02.409 --> 01:56:05.000 the Council for working through this exhaustive process 01:56:05.000 --> 01:56:07.000 to get where we are today. 01:56:07.000 --> 01:56:11.020 I know that much time has and effort and late nights have 01:56:11.020 --> 01:56:14.000 been expended getting to this point. 01:56:14.000 --> 01:56:18.300 We appreciate the progress we believe that's been made the 01:56:18.300 --> 01:56:21.000 last couple of weeks in tightening up the ordinance 01:56:21.000 --> 01:56:23.000 and clearing up ambiguities. 01:56:23.000 --> 01:56:27.229 The city staff has been very open to listening to Devon's 01:56:27.229 --> 01:56:30.000 concerns regarding where we needed clarification, 01:56:30.000 --> 01:56:33.000 where we felt like this language needed to be tightened up, 01:56:33.000 --> 01:56:34.000 where we felt like this was a loophole. 01:56:34.000 --> 01:56:39.000 They've been very, very open to listening to those. 01:56:39.000 --> 01:56:42.970 They've agreed to some and others -- they've not agreed to 01:56:42.970 --> 01:56:46.000 all of our wordsmithing recommendations, 01:56:46.000 --> 01:56:50.000 but I think it's been a very fair process. 01:56:50.000 --> 01:56:53.000 This product before you -- no way is perfect. 01:56:53.000 --> 01:56:56.180 It is, as I said earlier, a product of compromise, but it 01:56:56.180 --> 01:56:58.000 is a tough set of regulations. 01:56:58.000 --> 01:57:01.170 I believe Mr. Grove referred to just some of the enhanced 01:57:01.170 --> 01:57:03.000 -- like the noise mitigation. 01:57:03.000 --> 01:57:08.210 I mean, that is an extremely tougher and expensive, but I 01:57:08.210 --> 01:57:12.000 believe ultimately more effective way to mitigate noise 01:57:12.000 --> 01:57:14.000 than what you have currently had. 01:57:14.000 --> 01:57:18.279 So we're going to try our best to strive under the -- and 01:57:18.279 --> 01:57:21.000 to strive to work with to comply with the regulations 01:57:21.000 --> 01:57:24.000 that are before you tonight should you pass them. 01:57:24.000 --> 01:57:26.250 We do still have one main concern, and that's really what I 01:57:26.250 --> 01:57:30.090 want to focus on, and that is the setbacks on new well 01:57:30.090 --> 01:57:31.000 sites. 01:57:31.000 --> 01:57:34.149 We believe that as an industry, we have consistently 01:57:34.149 --> 01:57:38.000 demonstrated through this past decade or 15 years of 01:57:38.000 --> 01:57:38.000 activity 01:57:38.000 --> 01:57:41.880 that we can operate safely and efficiently within the 01:57:41.880 --> 01:57:44.000 boundary of our pad sites. 01:57:44.000 --> 01:57:47.729 You add to that the extensive set of mitigation and nu 01:57:47.729 --> 01:57:52.000 isance controls proposed in this ordinance before you -- 01:57:52.000 --> 01:57:54.600 noise management plan, traffic analysis, erosion control 01:57:54.600 --> 01:57:55.000 plans -- 01:57:55.000 --> 01:57:59.199 it's our belief that these proposed setbacks of 1,000 feet 01:57:59.199 --> 01:58:02.000 for new gas well sites can be further reduced 01:58:02.000 --> 01:58:04.670 to a more reasonable distance to not only protect the 01:58:04.670 --> 01:58:06.000 rights of mineral owners, 01:58:06.000 --> 01:58:09.170 but to be certain such a distance is in compliance with 01:58:09.170 --> 01:58:10.000 state law. 01:58:10.000 --> 01:58:13.920 So that is our one big overarching concern over the whole 01:58:13.920 --> 01:58:15.000 ordinance. 01:58:15.000 --> 01:58:19.000 But I do want to finish by saying thank you. 01:58:19.000 --> 01:58:23.039 From as sincere as we can, we appreciate your willingness 01:58:23.039 --> 01:58:25.619 to listen to our concerns, to work through this for the 01:58:25.619 --> 01:58:26.000 past six-plus months 01:58:26.000 --> 01:58:28.000 to get where we are tonight. 01:58:28.000 --> 01:58:31.939 And again, as presented, Devin is, although we still have 01:58:31.939 --> 01:58:35.000 some concerns, I believe overall, if you take it as a whole 01:58:35.000 --> 01:58:35.000 , 01:58:35.000 --> 01:58:39.000 we are supportive of this proposal before you. 01:58:39.000 --> 01:58:41.000 Thank you. 01:58:41.000 --> 01:58:45.000 We have questions from Ms. Briggs. 01:58:45.000 --> 01:58:49.050 Thank you for your time in helping us with our ordinance. I 01:58:49.050 --> 01:58:50.000 appreciate that. 01:58:50.000 --> 01:58:53.119 You do realize that there's a variance process currently in 01:58:53.119 --> 01:58:56.000 that, right, that you guys can go through? 01:58:56.000 --> 01:58:59.439 I do realize that there is a -- and I'm not sure I fully 01:58:59.439 --> 01:59:04.489 understand all of it, but I do realize that there is some 01:59:04.489 --> 01:59:06.000 sort of process. 01:59:06.000 --> 01:59:10.000 Yeah. Okay. Thank you. 01:59:10.000 --> 01:59:11.000 No more questions. Thank you very much. 01:59:11.000 --> 01:59:12.000 Thank you. 01:59:12.000 --> 01:59:24.000 Walt Lindros and then Chris Rosbrum. 01:59:24.000 --> 01:59:29.619 My name is Walt Lindros. I live at 825 Lindhurst Lane, 7620 01:59:29.619 --> 01:59:31.000 5 Denton. 01:59:31.000 --> 01:59:37.189 And I sent all of you, I believe, an email in which I was 01:59:37.189 --> 01:59:43.000 wrestling with the term commercially reasonable, 01:59:43.000 --> 01:59:50.069 and I came up with a prudent operator named Anadarko Pet 01:59:50.069 --> 01:59:54.000 roleum and what they had done in Colorado. 01:59:54.000 --> 01:59:57.630 And one of the things that was acceptable to them as a pr 01:59:57.630 --> 02:00:01.000 udent operator is the thousand foot setback. 02:00:01.000 --> 02:00:08.069 Another thing they did was to erect walls around the rig 02:00:08.069 --> 02:00:11.000 site, 60, 80 feet high, 02:00:11.000 --> 02:00:14.000 lined them with hay bales in order to deaden the noise, 02:00:14.000 --> 02:00:16.939 also to restrict the light from going into the surrounding 02:00:16.939 --> 02:00:19.000 houses, the surrounding community. 02:00:19.000 --> 02:00:24.159 They found one spot where they could bring their trucks in 02:00:24.159 --> 02:00:27.000 order to distribute water to the different well sites, 02:00:27.000 --> 02:00:30.000 and this cut down on the 18 wheelers running through the 02:00:30.000 --> 02:00:31.000 neighborhoods. 02:00:31.000 --> 02:00:36.510 They had monitors set up in order to test the air 02:00:36.510 --> 02:00:38.000 constantly, 02:00:38.000 --> 02:00:41.649 and also they had underground monitors set up so that they 02:00:41.649 --> 02:00:47.000 could determine what kind of toxins were coming into the -- 02:00:47.000 --> 02:00:51.000 to the soil from the well site itself. 02:00:51.000 --> 02:00:54.699 I don't know if your ordinance is complete as it is right 02:00:54.699 --> 02:00:58.000 now or if you're just talking about setbacks. 02:00:58.000 --> 02:01:02.189 The other thing is that in listening to this gentleman, he 02:01:02.189 --> 02:01:04.000 's presenting you with a lot of things 02:01:04.000 --> 02:01:08.430 and also presenting me with a lot of things, and much of it 02:01:08.430 --> 02:01:10.000 was summation. 02:01:10.000 --> 02:01:13.560 And I'd like to have an opportunity to take a look at this 02:01:13.560 --> 02:01:17.000 thing a little bit more thoroughly and study it. 02:01:17.000 --> 02:01:21.800 I'm being hit with this all right now, and I'd like to look 02:01:21.800 --> 02:01:24.000 at it more thoroughly. 02:01:24.000 --> 02:01:25.000 Thank you. 02:01:25.000 --> 02:01:28.000 Questions? 02:01:28.000 --> 02:01:29.000 Well, thank you very much. 02:01:29.000 --> 02:01:31.000 Thank you. 02:01:31.000 --> 02:01:37.000 Mr. Rosbrum and then Brandon Finley. 02:01:37.000 --> 02:01:41.840 Chris Rosbrum, 2113 Emerson Lane, Denton, Texas, and I'm 02:01:41.840 --> 02:01:48.000 speaking in favor of the ordinance as presented. 02:01:48.000 --> 02:01:51.510 There's another factor that I don't remember having heard 02:01:51.510 --> 02:01:54.000 come about in all these discussions. 02:01:54.000 --> 02:01:58.430 A couple of years ago, I was called on by a family that had 02:01:58.430 --> 02:02:03.000 two tracks side by side on Country Club Road in City Limits 02:02:03.000 --> 02:02:03.000 , 02:02:03.000 --> 02:02:08.310 50 acres each, and they didn't have a survey, so I had a 02:02:08.310 --> 02:02:10.000 survey performed. 02:02:10.000 --> 02:02:14.409 And then I had Allison Engineering take a look at it, and 02:02:14.409 --> 02:02:19.000 each family owned 50 acres. 02:02:19.000 --> 02:02:20.920 And of course, they were thinking they were going to be 02:02:20.920 --> 02:02:22.000 able to sell 50 acres. 02:02:22.000 --> 02:02:27.699 They had a gas well on each site, and by the time we took 02:02:27.699 --> 02:02:33.319 out the road that it took to get back to the pad site and 02:02:33.319 --> 02:02:37.000 the resulting pipelines and everything else that was 02:02:37.000 --> 02:02:39.000 associated with that, 02:02:39.000 --> 02:02:43.310 one side ended up with 30 acres that they could develop, 02:02:43.310 --> 02:02:46.000 and the other one was 22 acres. 02:02:46.000 --> 02:02:48.000 So it was a dramatic reduction. 02:02:48.000 --> 02:02:51.380 It's not just simply the pad site that you have to look at 02:02:51.380 --> 02:02:55.470 because you've got to get your trucks to it, and you've got 02:02:55.470 --> 02:02:59.000 to get the resulting gas away from it. 02:02:59.000 --> 02:03:02.550 So there's a much more dramatic impact on it than just the 02:03:02.550 --> 02:03:06.000 simple pad site that we've all been talking about. 02:03:06.000 --> 02:03:09.640 So I'm in favor of the minimal setbacks that you can 02:03:09.640 --> 02:03:13.479 possibly address so that we can have more commercial 02:03:13.479 --> 02:03:17.869 development for vacant land tracks within the city and help 02:03:17.869 --> 02:03:19.000 the taxes. 02:03:19.000 --> 02:03:21.000 So I'll speak in favor of it. 02:03:21.000 --> 02:03:22.000 Thank you. 02:03:22.000 --> 02:03:24.000 Thank you very much. 02:03:24.000 --> 02:03:32.000 Brandon Finley, and then on deck is Eliada Thomas. 02:03:32.000 --> 02:03:33.000 My name is Brandon Finley. 02:03:33.000 --> 02:03:34.000 I live at 806 Dent Street. 02:03:34.000 --> 02:03:36.000 I'm opposed to this. 02:03:36.000 --> 02:03:38.000 If you can't get it right, then don't make it worse. 02:03:38.000 --> 02:03:40.329 We've done an excellent job of selective listening, and I 02:03:40.329 --> 02:03:42.000 applaud the gall it takes to do that. 02:03:42.000 --> 02:03:43.000 Hear this. 02:03:43.000 --> 02:03:45.470 We voted for a ban, and when it was repealed, I don't 02:03:45.470 --> 02:03:48.680 recall hearing anybody say, "Let's roll over and be a good 02:03:48.680 --> 02:03:52.000 boy for the oil industry and do whatever they want." 02:03:52.000 --> 02:03:54.350 I do recall saying that if it was repealed, we wanted the 02:03:54.350 --> 02:03:56.949 toughest regulations in the state, and here I've watched as 02:03:56.949 --> 02:03:58.000 you cower before HB 40, 02:03:58.000 --> 02:04:00.779 which is set in place to eliminate patchwork regulations 02:04:00.779 --> 02:04:03.819 like variances all over the place, and let's do 250 feet 02:04:03.819 --> 02:04:07.000 here and 40 feet here and 1,000 feet there. 02:04:07.000 --> 02:04:09.510 We see who oil and gas industries do ally is, and that's 02:04:09.510 --> 02:04:12.329 developers and landowners, and it really makes for strange 02:04:12.329 --> 02:04:14.470 bedfellows, all now worried about the one thing they care 02:04:14.470 --> 02:04:15.000 about money. 02:04:15.000 --> 02:04:16.000 But it's not about money. 02:04:16.000 --> 02:04:18.000 It's about health, safety, and welfare. 02:04:18.000 --> 02:04:21.050 That's why you have a drilling ordinance to protect people 02:04:21.050 --> 02:04:23.000 with a setback in the first place. 02:04:23.000 --> 02:04:25.529 If regulating the oil industry hurts developers or land 02:04:25.529 --> 02:04:28.000 owners, let them take it up with the oil industry. 02:04:28.000 --> 02:04:31.000 It's not your job to appease these big money interests. 02:04:31.000 --> 02:04:33.000 You work for us. 02:04:33.000 --> 02:04:35.479 We put you in these chairs, and you need to remember that 02:04:35.479 --> 02:04:36.000 or not. 02:04:36.000 --> 02:04:41.000 We'll be ready to remind you soon enough. 02:04:41.000 --> 02:04:43.949 The following regulations, anything less than a thousand 02:04:43.949 --> 02:04:47.000 foot universal setback on all gas wells is unacceptable. 02:04:47.000 --> 02:04:49.300 Low price permits and a Swiss cheese set of regulations 02:04:49.300 --> 02:04:51.750 that gives industry every chance to gain waivers they need 02:04:51.750 --> 02:04:54.069 to drill anywhere they want as long as they put a pretty 02:04:54.069 --> 02:04:56.000 little fence around it aren't acceptable. 02:04:56.000 --> 02:04:58.899 Giving the gas well administrator the power to grant wai 02:04:58.899 --> 02:05:02.000 vers, one person who's not elected is not acceptable. 02:05:02.000 --> 02:05:04.250 Absolutely no protection for our air and water is 02:05:04.250 --> 02:05:06.000 unacceptable, especially our water. 02:05:06.000 --> 02:05:09.000 It's not even a protected use. 02:05:09.000 --> 02:05:10.000 It should be. 02:05:10.000 --> 02:05:11.000 Our drinking water should be protected. 02:05:11.000 --> 02:05:15.000 Our surface water should be protected. 02:05:15.000 --> 02:05:17.529 There should be some kind of monitoring going on before and 02:05:17.529 --> 02:05:18.000 after. 02:05:18.000 --> 02:05:20.000 I do believe there is a conflict of interest as well. 02:05:20.000 --> 02:05:23.000 And if we don't have water, we don't have a city. 02:05:23.000 --> 02:05:25.329 That city gets targeted by the state or the oil and gas 02:05:25.329 --> 02:05:26.000 registry. 02:05:26.000 --> 02:05:28.939 It's because a weak city government, not because of any of 02:05:28.939 --> 02:05:30.000 our regulations. 02:05:30.000 --> 02:05:32.899 This council is hard to watch work, hard to listen to, and 02:05:32.899 --> 02:05:34.000 hard to read about. 02:05:34.000 --> 02:05:37.000 2017 can't come soon enough. 02:05:37.000 --> 02:05:39.000 Thank you. 02:05:39.000 --> 02:05:40.000 Any questions? 02:05:40.000 --> 02:05:41.000 I don't see any questions. 02:05:41.000 --> 02:05:44.000 Thank you. 02:05:44.000 --> 02:05:52.000 Ms. Tamez and then after that, Jess Hardgrave. 02:05:52.000 --> 02:05:55.000 And I apologize if I didn't say your name correctly. 02:05:55.000 --> 02:05:56.000 Alita Tamez. 02:05:56.000 --> 02:05:59.000 Thank you. 02:05:59.000 --> 02:06:01.000 And after you do your address, your time will start. 02:06:01.000 --> 02:06:10.000 And could we have the overhead, please? 02:06:10.000 --> 02:06:20.000 You can't see who wrote this, but that's George Orwell. 02:06:20.000 --> 02:06:22.000 Thank you for your public service. 02:06:22.000 --> 02:06:27.000 My name is Alita Tamez and I live at 1700 Willowood Street 02:06:27.000 --> 02:06:30.000 in the lovely Dena neighborhood. 02:06:30.000 --> 02:06:35.760 In an act of universal deceit, in a time of universal dece 02:06:35.760 --> 02:06:41.000 it, telling the truth is a revolutionary act. 02:06:41.000 --> 02:06:46.779 But I will argue that we are no longer capable of telling 02:06:46.779 --> 02:06:50.000 or of discerning the truth. 02:06:50.000 --> 02:06:54.569 Many of our elected officials do only what benefits them 02:06:54.569 --> 02:06:56.000 and big money. 02:06:56.000 --> 02:07:00.000 The media is run by American corporations. 02:07:00.000 --> 02:07:04.029 The admin of these corporations tell us a consuming 02:07:04.029 --> 02:07:09.760 lifestyle of affluence is the only measure of a person's 02:07:09.760 --> 02:07:11.000 success. 02:07:11.000 --> 02:07:14.000 What is the truth? 02:07:14.000 --> 02:07:18.659 The truth is something very different to many of us in here 02:07:18.659 --> 02:07:19.000 . 02:07:19.000 --> 02:07:24.000 There is the truth of the oil and gas industry. 02:07:24.000 --> 02:07:28.000 The truth of the mineral rights owners. 02:07:28.000 --> 02:07:31.000 The developers. 02:07:31.000 --> 02:07:35.000 The Greg Johnson CEO of Veris Truth. 02:07:35.000 --> 02:07:38.000 City Council truths. 02:07:38.000 --> 02:07:42.000 Truths are so subjective. 02:07:42.000 --> 02:07:46.000 Truths are not moral absolutes. 02:07:46.000 --> 02:07:50.829 Moral absolutes are true regardless of whether anyone 02:07:50.829 --> 02:07:53.000 believes them or not. 02:07:53.000 --> 02:07:57.000 Filling your lungs with water will cause you to drown. 02:07:57.000 --> 02:08:00.000 A moral absolute. 02:08:00.000 --> 02:08:05.130 Fracking uses a toxic chemical cocktail known as fracking 02:08:05.130 --> 02:08:06.000 fluid. 02:08:06.000 --> 02:08:09.000 A moral absolute. 02:08:09.000 --> 02:08:13.659 Fracking removes millions of gallons of fresh water from 02:08:13.659 --> 02:08:17.720 the water cycle to be permanently contaminated by toxic 02:08:17.720 --> 02:08:19.000 chemicals. 02:08:19.000 --> 02:08:22.000 Moral absolute. 02:08:22.000 --> 02:08:26.489 UTA study links groundwater contamination in the Barnett Sh 02:08:26.489 --> 02:08:28.000 ale to fracking. 02:08:28.000 --> 02:08:31.000 Moral absolute. 02:08:31.000 --> 02:08:34.279 SMU study links earthquake activity in our region to fr 02:08:34.279 --> 02:08:35.000 acking. 02:08:35.000 --> 02:08:38.000 Moral absolute. 02:08:38.000 --> 02:08:43.579 We know fracking in our neighborhoods and cities is morally 02:08:43.579 --> 02:08:46.000 and absolutely wrong. 02:08:46.000 --> 02:08:50.569 Knowing these moral absolutes, why would we not pass the 02:08:50.569 --> 02:08:54.000 most stringent regulations possible? 02:08:54.000 --> 02:08:58.029 Let's beef up our setbacks to the most restrictive possible 02:08:58.029 --> 02:09:03.560 regulations aligning ourselves with Flower Mound and Dallas 02:09:03.560 --> 02:09:04.000 . 02:09:04.000 --> 02:09:07.000 Strength in numbers. 02:09:07.000 --> 02:09:17.560 250 feet. Would any of you on this council choose to live 02:09:17.560 --> 02:09:18.000 250 feet from a well? 02:09:18.000 --> 02:09:21.760 If your answer is no, then stand up for the people of Dent 02:09:21.760 --> 02:09:26.000 on who are counting on you at this critical moment. 02:09:26.000 --> 02:09:31.920 If your answer is yes, I urge you to contact Greg Johnson 02:09:31.920 --> 02:09:33.000 at Varus. 02:09:33.000 --> 02:09:37.000 He has some real estate that he can sell you. 02:09:37.000 --> 02:09:41.890 I think I know the answer here, but I'm going to ask it 02:09:41.890 --> 02:09:43.000 anyway. 02:09:43.000 --> 02:09:46.739 As city council members, as elected representatives of the 02:09:46.739 --> 02:09:48.000 people of Denton, 02:09:48.000 --> 02:09:52.859 will you side those who believe with those who believe they 02:09:52.859 --> 02:09:58.000 are telling you the truth or with the moral absolute? 02:09:58.000 --> 02:10:01.000 Thank you. 02:10:01.000 --> 02:10:04.000 We have a question. Mr. Johnson. 02:10:04.000 --> 02:10:06.000 Thank you, Mayor. 02:10:06.000 --> 02:10:08.409 Well, we have a new narrative tonight and I have a question 02:10:08.409 --> 02:10:09.000 for staff. 02:10:09.000 --> 02:10:13.000 Can I ask a legal question now or during the public hearing 02:10:13.000 --> 02:10:14.000 ? 02:10:14.000 --> 02:10:16.000 Because maybe we can bring some clarity. 02:10:16.000 --> 02:10:21.000 So obviously there's a new theme, conflict of interest, 02:10:21.000 --> 02:10:22.000 that was brought about last week. 02:10:22.000 --> 02:10:25.000 And I've received some phone calls from a variety of folks. 02:10:25.000 --> 02:10:29.409 I've spoken with anybody that was interested to call me and 02:10:29.409 --> 02:10:32.000 have a conversation alleging, 02:10:32.000 --> 02:10:35.279 making an allegation against me that I have a conflict of 02:10:35.279 --> 02:10:39.000 interest, which I didn't believe I did, don't believe I do. 02:10:39.000 --> 02:10:41.989 Asked the question before we ever started talking about 02:10:41.989 --> 02:10:44.000 this topic, which was a year ago. 02:10:44.000 --> 02:10:48.229 So, Madam City Attorney, I came to you and I asked you to 02:10:48.229 --> 02:10:49.000 review it. 02:10:49.000 --> 02:10:52.470 And I asked you to give me a written opinion of whether I 02:10:52.470 --> 02:10:55.000 have a conflict of interest or not. 02:10:55.000 --> 02:10:58.560 And given that now we have people willing to come up here 02:10:58.560 --> 02:11:02.199 and make accusations of me by name, I'd like for you to 02:11:02.199 --> 02:11:04.000 address that, please. 02:11:04.000 --> 02:11:05.000 Certainly. 02:11:05.000 --> 02:11:10.100 You did approach us and you did ask for an opinion with 02:11:10.100 --> 02:11:16.000 regard to the conflict issues which arose, 02:11:16.000 --> 02:11:19.000 which were presented by certain members of the public. 02:11:19.000 --> 02:11:21.000 We looked at that at length. 02:11:21.000 --> 02:11:24.000 We've thought about it, we've talked about it with you. 02:11:24.000 --> 02:11:26.000 And we did issue an opinion. 02:11:26.000 --> 02:11:30.000 It is our opinion that there is no conflict of interest 02:11:30.000 --> 02:11:33.000 under the provisions of state law, 02:11:33.000 --> 02:11:35.250 under the provisions of our charter, under the provision of 02:11:35.250 --> 02:11:36.000 our ordinances. 02:11:36.000 --> 02:11:38.000 So that is our opinion. 02:11:38.000 --> 02:11:40.000 No conflict exists. 02:11:40.000 --> 02:11:41.000 Thank you. 02:11:41.000 --> 02:11:43.000 I might add that perception -- 02:11:43.000 --> 02:11:45.000 Well, he asked her a question. 02:11:45.000 --> 02:11:47.000 But we do have another question. 02:11:47.000 --> 02:11:48.000 Yes. 02:11:48.000 --> 02:11:49.000 Mr. Hawkins. 02:11:49.000 --> 02:11:51.550 I don't know if it's a question or not, but I just -- I 02:11:51.550 --> 02:11:55.000 wanted to speak to Greg Johnson's character publicly, too. 02:11:55.000 --> 02:11:58.000 And I've sat in lots of meetings. 02:11:58.000 --> 02:12:00.000 He's a father. 02:12:00.000 --> 02:12:03.000 He does participate in real estate in this town. 02:12:03.000 --> 02:12:07.409 I've seen him turn down deals that weren't the right deals, 02:12:07.409 --> 02:12:08.000 too. 02:12:08.000 --> 02:12:11.590 And I don't think the accusations tonight are going to help 02:12:11.590 --> 02:12:15.000 the proceedings in any way, good or bad, tonight. 02:12:15.000 --> 02:12:18.510 And I just wanted to go on record with everybody watching 02:12:18.510 --> 02:12:23.000 saying he has a very high standard of character, 02:12:23.000 --> 02:12:27.000 very involved with the community in lots of different ways. 02:12:27.000 --> 02:12:30.000 And it's getting frustrating to me, also. 02:12:30.000 --> 02:12:31.000 Okay. 02:12:31.000 --> 02:12:34.000 May I make a comment, please? 02:12:34.000 --> 02:12:36.000 It needs to be short. 02:12:36.000 --> 02:12:39.000 Perception is everything. 02:12:39.000 --> 02:12:42.680 When you're a public servant, that trust that you build 02:12:42.680 --> 02:12:46.000 with your community can be easily undermined. 02:12:46.000 --> 02:12:47.000 Okay. 02:12:47.000 --> 02:12:50.000 That's not the kind of conversation we need to be having. 02:12:50.000 --> 02:12:51.000 All right. 02:12:51.000 --> 02:12:52.000 Thank you. 02:12:52.000 --> 02:12:53.000 Thank you. 02:12:53.000 --> 02:12:57.189 Mr. Hardgrave will be up next, but we are going to take a 02:12:57.189 --> 02:12:59.000 10-minute break. 02:12:59.000 --> 02:13:04.979 And I will caution folks when we come back that we didn't 02:13:04.979 --> 02:13:10.000 play the rules for regular comments. 02:13:10.000 --> 02:13:13.000 I guess it's citizens' reports. 02:13:13.000 --> 02:13:15.409 But we do ask that you keep your comments to the entire 02:13:15.409 --> 02:13:19.000 council, not to call out individual council members, 02:13:19.000 --> 02:13:24.000 and try to keep on the topic of the issue that's before us. 02:13:24.000 --> 02:13:26.000 So we'll call a 10-minute break. 02:13:26.000 --> 02:13:31.810 Let's try to all be back so that we can start promptly at 8 02:13:31.810 --> 02:13:33.000 40. 02:13:33.000 --> 02:13:35.000 We are back from a break. 02:13:35.000 --> 02:13:37.000 It took 50 seconds longer than we had planned. 02:13:37.000 --> 02:13:39.000 A couple of announcements. 02:13:39.000 --> 02:13:42.560 We're going to accept blue cards for five more minutes, 02:13:42.560 --> 02:13:44.000 five more minutes. 02:13:44.000 --> 02:13:48.079 So if there's anyone that needs a blue card, staff is 02:13:48.079 --> 02:13:51.000 distributing those at this time. 02:13:51.000 --> 02:13:56.989 We are on item 5B, items for individual consideration, 02:13:56.989 --> 02:13:59.000 consideration of adoption of an ordinance, 02:13:59.000 --> 02:14:03.420 amending several chapters of our development code regarding 02:14:03.420 --> 02:14:05.000 gas well drilling. 02:14:05.000 --> 02:14:08.619 And I will say that if we have speakers that single out 02:14:08.619 --> 02:14:12.000 council members, I will stop the comments. 02:14:12.000 --> 02:14:15.420 And we'll have to end the comments for that speaker at that 02:14:15.420 --> 02:14:16.000 time. 02:14:16.000 --> 02:14:19.000 So please keep your remarks on topic. 02:14:19.000 --> 02:14:23.010 I appreciate the majority of the remarks and the ability to 02:14:23.010 --> 02:14:28.000 stay on the topic and not make personal comments. 02:14:28.000 --> 02:14:32.000 So our next speaker is Jeff Hardgrave. 02:14:32.000 --> 02:14:35.000 State your name, address, and your time will begin. 02:14:35.000 --> 02:14:38.000 And next up will be Carol Self. 02:14:38.000 --> 02:14:39.000 Thank you. 02:14:39.000 --> 02:14:41.260 My name is Jeff Hardgrave, Vice President of Operations for 02:14:41.260 --> 02:14:47.260 Atmos Pipeline Texas, 5420 LBJ Freeway, Dallas, Texas, 752 02:14:47.260 --> 02:14:48.000 40. 02:14:48.000 --> 02:14:52.460 And I am speaking in opposition of the ordinance as I const 02:14:52.460 --> 02:14:58.760 rue it to apply to gas utility operations for natural gas 02:14:58.760 --> 02:15:00.000 storage. 02:15:00.000 --> 02:15:03.439 Mayor Pro Tem Gregory, honorable council members, city 02:15:03.439 --> 02:15:05.000 staff, and residents, 02:15:05.000 --> 02:15:07.340 I appreciate the opportunity to speak to you tonight 02:15:07.340 --> 02:15:10.380 regarding your proposed ordinance modification as it 02:15:10.380 --> 02:15:14.159 impacts our natural gas storage facility located wholly in 02:15:14.159 --> 02:15:17.000 the city of Denton at 5642 East McKinney Street. 02:15:17.000 --> 02:15:21.000 Our natural gas facility has been in service since 1967, 02:15:21.000 --> 02:15:25.000 operates under a permit from the Texas Railroad Commission. 02:15:25.000 --> 02:15:28.390 Atmos Pipeline Texas is a gas utility as defined by the 02:15:28.390 --> 02:15:30.000 Texas Utilities Code. 02:15:30.000 --> 02:15:34.239 Our facility is comprised of some non-natural gas storage 02:15:34.239 --> 02:15:37.000 wells and a compression facility. 02:15:37.000 --> 02:15:41.409 We store gas in a unique depleted reservoir ideally suited 02:15:41.409 --> 02:15:43.000 for such service. 02:15:43.000 --> 02:15:46.239 Most importantly, this facility plays both critical and 02:15:46.239 --> 02:15:49.000 strategic roles in energy needs for our area. 02:15:49.000 --> 02:15:53.909 Perhaps you remember the frigid winter of 2011, February 2 02:15:53.909 --> 02:15:57.079 nd to be exact, when the temperatures in Denton here reached 02:15:57.079 --> 02:15:58.000 11 degrees. 02:15:58.000 --> 02:16:01.640 During that time, the traditional production well supplies 02:16:01.640 --> 02:16:05.210 across North Texas became frozen and gas production rapidly 02:16:05.210 --> 02:16:06.000 declined. 02:16:06.000 --> 02:16:09.449 Yet, because of our Lake Dallas storage facility, critical 02:16:09.449 --> 02:16:12.460 energy supplies and deliveries for residential and 02:16:12.460 --> 02:16:15.000 commercial customers continue to be made. 02:16:15.000 --> 02:16:17.899 Atmos has sought opportunities to ensure the continued safe 02:16:17.899 --> 02:16:20.000 and reliable operation of our facility. 02:16:20.000 --> 02:16:23.859 We've invested some $44 million over the past five years in 02:16:23.859 --> 02:16:25.000 improvements. 02:16:25.000 --> 02:16:28.060 Further, we have sought to acquire property in and around 02:16:28.060 --> 02:16:29.000 our facility. 02:16:29.000 --> 02:16:32.239 This purchase has not been motivated by future expansion, 02:16:32.239 --> 02:16:35.450 but to ensure that operations were sufficiently buffered 02:16:35.450 --> 02:16:39.000 from the surrounding growth the city of Denton enjoys. 02:16:39.000 --> 02:16:41.649 Atmos Energy respects the challenges the city faces in 02:16:41.649 --> 02:16:44.000 regulation of oil and gas production wells. 02:16:44.000 --> 02:16:47.350 However, the only resemblance of a typical natural gas 02:16:47.350 --> 02:16:50.709 production oil and gas well to a storage well is that they 02:16:50.709 --> 02:16:52.000 must be drilled. 02:16:52.000 --> 02:16:55.000 I have a picture of one of our well sites here on the dais. 02:16:55.000 --> 02:16:59.190 Once drilled, our wells occupy a very small footprint, 20 02:16:59.190 --> 02:17:00.000 by 20. 02:17:00.000 --> 02:17:03.000 In fact, here's a picture of one of these wells. 02:17:03.000 --> 02:17:05.000 There are no storage tank batteries. 02:17:05.000 --> 02:17:06.000 There's no treating equipment. 02:17:06.000 --> 02:17:09.000 There's no truck traffic to haul away fluids. 02:17:09.000 --> 02:17:12.000 It is the surface equipment that you see here. 02:17:12.000 --> 02:17:16.000 These storage wells are designed for 50 to 75 years of life 02:17:16.000 --> 02:17:20.200 because gas is moved out of the reservoir, but also into it 02:17:20.200 --> 02:17:21.000 as well. 02:17:21.000 --> 02:17:24.370 The benefit of a utility's natural gas storage is vital to 02:17:24.370 --> 02:17:26.000 meeting energy demands. 02:17:26.000 --> 02:17:29.309 As you consider the modifications to your ordinance, please 02:17:29.309 --> 02:17:32.479 be mindful of our storage facility, an operation that is 02:17:32.479 --> 02:17:35.000 unique to the North Texas area. 02:17:35.000 --> 02:17:37.940 This facility has met the demands of customers for almost 02:17:37.940 --> 02:17:40.989 five decades now, and we enjoy being a part of this 02:17:40.989 --> 02:17:42.000 community. 02:17:42.000 --> 02:17:45.659 The gas utility, which operates in the public interest, the 02:17:45.659 --> 02:17:49.069 inability to retire and replace a storage well due to new 02:17:49.069 --> 02:17:52.610 requirements could jeopardize energy security of our region 02:17:52.610 --> 02:17:53.000 . 02:17:53.000 --> 02:17:55.409 Thanks for your time, and I'd stand for questions if you 02:17:55.409 --> 02:17:56.000 have any. 02:17:56.000 --> 02:17:57.000 Well, we do have a question. 02:17:57.000 --> 02:17:58.000 Thank you. 02:17:58.000 --> 02:17:59.000 Council Member Rudden. 02:17:59.000 --> 02:18:00.000 Thank you for your time and your comments. 02:18:00.000 --> 02:18:04.500 I remember that winter well on February 6th of 2011, my now 02:18:04.500 --> 02:18:08.120 four-year-old son was born, and we were driving across town 02:18:08.120 --> 02:18:09.000 at Super Bowl night. 02:18:09.000 --> 02:18:12.639 Overall, that icy conditions, my wife was cussing the whole 02:18:12.639 --> 02:18:14.000 way to the hospital. 02:18:14.000 --> 02:18:15.000 But anyways. 02:18:15.000 --> 02:18:16.000 That was out of order. 02:18:16.000 --> 02:18:18.000 I've heard. 02:18:18.000 --> 02:18:20.989 I'm trying to ascertain what specifically with this 02:18:20.989 --> 02:18:24.520 ordinance is concerning to you, and do you have specific 02:18:24.520 --> 02:18:28.319 citations that point to something that you feel diminishes 02:18:28.319 --> 02:18:32.000 your ability to continue what you're doing out there? 02:18:32.000 --> 02:18:39.549 I actually do. For example, if you were to look at this 02:18:39.549 --> 02:18:40.370 particular sample well site, we don't consider a pad site 02:18:40.370 --> 02:18:41.000 essentially two or three acres. 02:18:41.000 --> 02:18:45.000 It's have a relatively small unobtrusive footprint. 02:18:45.000 --> 02:18:49.000 However, if you did measure from that site 1,000 feet, 02:18:49.000 --> 02:18:53.000 since all these wells pre-exist the existing ordinance, 02:18:53.000 --> 02:18:56.799 that we would have to consider a new site and a new gas 02:18:56.799 --> 02:18:58.000 well site plan. 02:18:58.000 --> 02:19:00.950 That 1,000 feet would put us clearly into adjacent 02:19:00.950 --> 02:19:02.000 neighborhoods. 02:19:02.000 --> 02:19:06.440 You mean 1,000 feet measured from site to site or 1,000 02:19:06.440 --> 02:19:07.000 feet? 02:19:07.000 --> 02:19:13.000 Well, essentially from the well site outward. 02:19:13.000 --> 02:19:14.000 Gotcha. 02:19:14.000 --> 02:19:14.000 Okay. 02:19:14.000 --> 02:19:18.190 So it's a little bit unique, maybe from the examples that 02:19:18.190 --> 02:19:21.000 maybe have been mentioned earlier. 02:19:21.000 --> 02:19:23.440 Well, we might get a chance to ask some questions of staff 02:19:23.440 --> 02:19:26.000 to try and clarify the provisions as it relates to this. 02:19:26.000 --> 02:19:27.000 Thank you for your questions. 02:19:27.000 --> 02:19:29.000 Yeah, I'll wait for staff to. 02:19:29.000 --> 02:19:31.000 Thank you. 02:19:31.000 --> 02:19:32.000 Thank you. 02:19:32.000 --> 02:19:33.000 Thank you so much. 02:19:33.000 --> 02:19:34.000 Mr. Rudden. 02:19:34.000 --> 02:19:36.549 Well, I guess I'd ask it to be out of order to ask a couple 02:19:36.549 --> 02:19:39.000 questions of staff to try and understand. 02:19:39.000 --> 02:19:41.000 I think it would be in order. 02:19:41.000 --> 02:19:45.190 And so ask and we'll figure out which staff person needs to 02:19:45.190 --> 02:19:46.000 answer. 02:19:46.000 --> 02:19:51.530 Well, I guess, Darren, you heard him and his concerns are, 02:19:51.530 --> 02:19:57.340 is that represent a correct understanding of our ordinance 02:19:57.340 --> 02:20:01.219 as it would relate to the type of activity they're doing 02:20:01.219 --> 02:20:03.000 out at the Atmos site? 02:20:03.000 --> 02:20:06.700 Well, it is a correct interpretation that says this draft 02:20:06.700 --> 02:20:09.000 would include those types of wells. 02:20:09.000 --> 02:20:12.219 And so if they did drill a new well, we would still require 02:20:12.219 --> 02:20:13.000 a permit. 02:20:13.000 --> 02:20:16.799 One of the provisions as far as the operations, I can 02:20:16.799 --> 02:20:20.000 assume he's relating to notifications. 02:20:20.000 --> 02:20:24.040 I know they're, I believe, across the street from a mobile 02:20:24.040 --> 02:20:25.000 home park. 02:20:25.000 --> 02:20:28.989 So providing notice in those examples, there isn't 02:20:28.989 --> 02:20:33.000 necessarily a site that they're measuring from. 02:20:33.000 --> 02:20:36.159 So I would assume his concern may be are they measuring 02:20:36.159 --> 02:20:39.700 from their entire property, which you'll see again nine 02:20:39.700 --> 02:20:42.000 specific well heads dispersed throughout a large acreage. 02:20:42.000 --> 02:20:45.000 There isn't a site plan even. 02:20:45.000 --> 02:20:48.290 So if it were measured from the existing site, they may not 02:20:48.290 --> 02:20:50.000 meet that thousand foot. 02:20:50.000 --> 02:20:52.000 I think we can work with him to clarify that. 02:20:52.000 --> 02:20:55.000 But I would assume those are some of his concerns. 02:20:55.000 --> 02:20:58.729 But as far as drafting any new requirements, we would look 02:20:58.729 --> 02:21:01.000 for the operations to continue. 02:21:01.000 --> 02:21:03.649 As far as our annual inspections, again, these would be 02:21:03.649 --> 02:21:05.000 captured by definition. 02:21:05.000 --> 02:21:08.000 So the applicability of the ordinance would be there. 02:21:08.000 --> 02:21:12.409 Only if there were something new on the ground, though, 02:21:12.409 --> 02:21:15.000 would we ask for a new site plan. 02:21:15.000 --> 02:21:18.000 Okay. That's helpful a bit. 02:21:18.000 --> 02:21:21.530 And I do remember recalled a couple years ago having an SUP 02:21:21.530 --> 02:21:24.719 request for that particular property because it was 02:21:24.719 --> 02:21:26.000 considered drilling. 02:21:26.000 --> 02:21:28.899 And so we're treating it like a typical drilling operations 02:21:28.899 --> 02:21:32.360 , although we understood at that time the difference of use 02:21:32.360 --> 02:21:34.000 of that particular site. 02:21:34.000 --> 02:21:35.000 It didn't involve fracking. 02:21:35.000 --> 02:21:37.000 It didn't involve all these other sorts of things. 02:21:37.000 --> 02:21:41.670 So I guess my request would be for Darren, you, and perhaps 02:21:41.670 --> 02:21:44.069 maybe someone from the legal team at some point to huddle 02:21:44.069 --> 02:21:49.000 with him to understand more clearly some of the issues so 02:21:49.000 --> 02:21:52.059 that we can make sense of this so that either tonight or in 02:21:52.059 --> 02:21:56.000 the future we can make adjustments accordingly. 02:21:56.000 --> 02:21:57.000 Yes, sir. 02:21:57.000 --> 02:21:58.000 Mr. Hawkins. 02:21:58.000 --> 02:22:00.899 Yeah, that was my request too, just to get with legal and 02:22:00.899 --> 02:22:03.440 somehow see if this can be penned in a way where they can 02:22:03.440 --> 02:22:05.000 still continue to operate in the way that they are. 02:22:05.000 --> 02:22:08.629 Because it seems like this is different from a hydraulic 02:22:08.629 --> 02:22:10.000 fracturing site. 02:22:10.000 --> 02:22:13.860 Yeah, just to be clear, everything that's out there was 02:22:13.860 --> 02:22:16.000 considered in writing this. 02:22:16.000 --> 02:22:19.000 So they can continue to operate as is. 02:22:19.000 --> 02:22:21.000 They would be an existing site. 02:22:21.000 --> 02:22:23.420 There won't be any applicability here unless something 02:22:23.420 --> 02:22:24.000 changed. 02:22:24.000 --> 02:22:26.000 So I definitely will do that. 02:22:26.000 --> 02:22:30.020 But I just want to make sure that there isn't any thought 02:22:30.020 --> 02:22:34.309 that because this ordinance, if it were to be adopted this 02:22:34.309 --> 02:22:38.260 evening as presented, it shouldn't permit or I guess 02:22:38.260 --> 02:22:43.000 produce any conflicts between their current operations, 02:22:43.000 --> 02:22:45.000 what they're doing out there. 02:22:45.000 --> 02:22:47.500 Again, we'll get with him, but I just want to make that 02:22:47.500 --> 02:22:48.000 clear. 02:22:48.000 --> 02:22:49.000 Thank you. 02:22:49.000 --> 02:22:50.000 Yes, sir. 02:22:50.000 --> 02:22:55.520 I think something that we're all acknowledging that maybe 02:22:55.520 --> 02:23:00.340 not all of our audience is aware of, but the moratorium 02:23:00.340 --> 02:23:04.000 runs out on gas well drilling in a couple of weeks. 02:23:04.000 --> 02:23:09.000 And therefore, it runs out in a couple of weeks. 02:23:09.000 --> 02:23:12.790 And we have not, we don't have anything posted to extend 02:23:12.790 --> 02:23:17.000 the moratorium, so it's running out in a couple of weeks. 02:23:17.000 --> 02:23:20.729 Which means that there's some action that probably needs to 02:23:20.729 --> 02:23:25.870 be taken tonight, which also probably means as we discover 02:23:25.870 --> 02:23:31.420 tonight or in the coming weeks, there will be revisions to 02:23:31.420 --> 02:23:35.000 any ordinance, anything that's done. 02:23:35.000 --> 02:23:40.000 This ordinance with amendments or not amendments. 02:23:40.000 --> 02:23:45.389 There will be ongoing work that will have to be done and as 02:23:45.389 --> 02:23:50.290 we discover unintended consequence that that are things 02:23:50.290 --> 02:23:53.000 that are brought to counsel or to staff. 02:23:53.000 --> 02:23:56.379 I am sure that that this is this will not be the last time 02:23:56.379 --> 02:23:58.000 that we deal with this. 02:23:58.000 --> 02:23:59.000 Thank you. 02:23:59.000 --> 02:24:00.000 So we have Carol. 02:24:00.000 --> 02:24:03.000 So, oh, Mr. Johnson, I'm sorry. 02:24:03.000 --> 02:24:04.000 Thank you, Mayor Pro Tem Darren. 02:24:04.000 --> 02:24:07.000 I have a question of you. 02:24:07.000 --> 02:24:11.750 As it relates to Atmos's operation, would we even consider 02:24:11.750 --> 02:24:13.000 that to be the same kind of operation? 02:24:13.000 --> 02:24:15.959 Because it seems like they're putting gas into storage 02:24:15.959 --> 02:24:17.000 tanks, right? 02:24:17.000 --> 02:24:19.000 And then taking it back out. 02:24:19.000 --> 02:24:20.000 They're not. 02:24:20.000 --> 02:24:21.639 They're actually not even putting the gas into storage 02:24:21.639 --> 02:24:22.000 tanks. 02:24:22.000 --> 02:24:24.000 They use a formation. 02:24:24.000 --> 02:24:27.899 There were some wells drilled, I think as Jeff pointed out, 02:24:27.899 --> 02:24:31.000 in 1967 into the Strawn formation. 02:24:31.000 --> 02:24:33.000 So different types of wells. 02:24:33.000 --> 02:24:35.309 That was gas that migrated up from the Barnett and got 02:24:35.309 --> 02:24:37.000 trapped in a different formation. 02:24:37.000 --> 02:24:41.000 But those sands serve as a good reservoir for holding gas. 02:24:41.000 --> 02:24:43.000 You can see they had been there for many years. 02:24:43.000 --> 02:24:46.530 So Atmos is using that formation to actually store produced 02:24:46.530 --> 02:24:47.000 gas. 02:24:47.000 --> 02:24:49.000 They put it, inject it into the ground. 02:24:49.000 --> 02:24:54.000 So these are wells used to store gas below the surface. 02:24:54.000 --> 02:24:56.629 So as he showed in that picture, that is really the only 02:24:56.629 --> 02:24:59.379 equipment other than the compressors that they have out 02:24:59.379 --> 02:25:00.000 there. 02:25:00.000 --> 02:25:01.000 Yeah, I mean, I said tanks. 02:25:01.000 --> 02:25:02.000 I just meant storage. 02:25:02.000 --> 02:25:03.000 Oh, yes, sir. 02:25:03.000 --> 02:25:05.760 In other words, what I'm wondering here is does this 02:25:05.760 --> 02:25:07.000 ordinance even apply? 02:25:07.000 --> 02:25:13.000 Because they're not harvesting natural gas from the earth 02:25:13.000 --> 02:25:16.459 through traditional drilling and fracking and all those 02:25:16.459 --> 02:25:17.000 things. 02:25:17.000 --> 02:25:19.000 It's a void area. 02:25:19.000 --> 02:25:21.510 So I'm just wondering if maybe the easiest thing to do 02:25:21.510 --> 02:25:25.459 would be to have some staff conversation to talk about 02:25:25.459 --> 02:25:28.090 whether or not this even applies to that type of an 02:25:28.090 --> 02:25:29.000 operation. 02:25:29.000 --> 02:25:33.020 And once we determine that, if we need to make adjustments 02:25:33.020 --> 02:25:36.969 or consider adjustments, we can do that because I don't 02:25:36.969 --> 02:25:41.000 think there's any intention to stop that storage operation. 02:25:41.000 --> 02:25:42.000 Thank you. 02:25:42.000 --> 02:25:43.000 Thank you. 02:25:43.000 --> 02:25:50.000 So Carol Sofe and then after that, Ed Sofe. 02:25:50.000 --> 02:25:55.100 My name is Carol Sofe and I live at 1620 Victoria and I am 02:25:55.100 --> 02:25:56.000 opposed. 02:25:56.000 --> 02:25:58.000 We must be ready. 02:25:58.000 --> 02:26:01.450 We are not crying wolf about protections from accidents 02:26:01.450 --> 02:26:03.000 involving gas wells. 02:26:03.000 --> 02:26:06.000 These accidents have happened. 02:26:06.000 --> 02:26:09.000 They are fact, not hypothetical situations. 02:26:09.000 --> 02:26:13.000 They could and will happen again. 02:26:13.000 --> 02:26:17.190 The city must keep its current setbacks in place based on 02:26:17.190 --> 02:26:21.120 the fact that we have had accidents that could have been 02:26:21.120 --> 02:26:25.739 much worse if luck had not played a huge part in the 02:26:25.739 --> 02:26:27.000 outcome. 02:26:27.000 --> 02:26:32.000 We may not be so lucky the next time lightning strikes. 02:26:32.000 --> 02:26:35.950 The question here tonight before us is, do you put the 02:26:35.950 --> 02:26:39.889 bottom line of an industry first over the safety of the 02:26:39.889 --> 02:26:41.000 citizens? 02:26:41.000 --> 02:26:45.959 Please keep the 1200 foot setback in place with no reverse 02:26:45.959 --> 02:26:47.000 setbacks. 02:26:47.000 --> 02:26:48.000 Thank you. 02:26:48.000 --> 02:26:49.000 Thank you. 02:26:49.000 --> 02:27:02.000 Ed Sofe and after Mr. Doctor after Ed, Jennifer Lay. 02:27:02.000 --> 02:27:03.000 Good evening. 02:27:03.000 --> 02:27:04.000 My name is Ed Sofe. 02:27:04.000 --> 02:27:12.000 I live at 1620 Victoria and I'm opposed to this as well. 02:27:12.000 --> 02:27:16.190 In his remarks at the May 12th, 2015 City Council work 02:27:16.190 --> 02:27:18.860 session about the gas well fire in the West Gate 02:27:18.860 --> 02:27:25.000 neighborhood, Deputy Fire Chief Hedges stated that 330 feet 02:27:25.000 --> 02:27:27.350 is the protective distance from an incident before a 02:27:27.350 --> 02:27:29.000 neighborhood is evacuated. 02:27:29.000 --> 02:27:33.569 In other words, homes, hospitals, churches, apartments, 02:27:33.569 --> 02:27:37.879 assisted living centers, businesses and schools all would 02:27:37.879 --> 02:27:42.110 be evacuated if they were closer than 330 feet to a gas 02:27:42.110 --> 02:27:44.000 well production site. 02:27:44.000 --> 02:27:47.540 In the ordinance revision before you, the reverse setback 02:27:47.540 --> 02:27:52.100 for new drilling and production sites in both neighborhood 02:27:52.100 --> 02:27:57.219 residential and regional mixed use center districts is 250 02:27:57.219 --> 02:27:58.000 feet. 02:27:58.000 --> 02:28:03.379 That's 80 feet less than the fire department's evacuation 02:28:03.379 --> 02:28:06.000 distance of 330 feet. 02:28:06.000 --> 02:28:09.829 I heard anecdotally that the firefighters could not get any 02:28:09.829 --> 02:28:13.000 closer than 900 feet to a gas well fire. 02:28:13.000 --> 02:28:18.000 So I wrote to the fire marshal for clarification. 02:28:18.000 --> 02:28:22.250 And she wrote back to me, quote, various factors including 02:28:22.250 --> 02:28:26.079 but not limited to the type of chemical involved volume 02:28:26.079 --> 02:28:30.100 containment type of equipment or structure involved and 02:28:30.100 --> 02:28:34.270 environmental conditions like wind can greatly impact the 02:28:34.270 --> 02:28:39.000 nature and effect of an incident. 02:28:39.000 --> 02:28:42.959 All of these factors could apply to a gas well production 02:28:42.959 --> 02:28:47.200 site, so an assessment of the actual conditions on the site 02:28:47.200 --> 02:28:51.170 at the time of the incident would ultimately determine a 02:28:51.170 --> 02:28:53.000 perimeter distance. 02:28:53.000 --> 02:28:57.250 In other words, they figured out the distance when they get 02:28:57.250 --> 02:28:58.000 there. 02:28:58.000 --> 02:29:01.799 Unlike the incident at Westgate where the well had 02:29:01.799 --> 02:29:06.200 fortunately melted and the gas flow was diminished, the 02:29:06.200 --> 02:29:10.309 time spent figuring out on site what to do and how to do it 02:29:10.309 --> 02:29:14.000 could be crucial in saving lives and property. 02:29:14.000 --> 02:29:17.659 Without the specialized equipment and expertise necessary 02:29:17.659 --> 02:29:22.120 for offensive action at an incident, our first responders 02:29:22.120 --> 02:29:25.000 can only act defensively. 02:29:25.000 --> 02:29:29.909 The setbacks are their first line of defense, and they are 02:29:29.909 --> 02:29:31.000 ours too. 02:29:31.000 --> 02:29:36.100 Truly protective and precautionary distances cannot be 02:29:36.100 --> 02:29:41.270 determined until the impacts have been determined by an un 02:29:41.270 --> 02:29:45.799 biased and transparent risk assessment of a potential worst 02:29:45.799 --> 02:29:49.989 case scenario at a gas well production site within the city 02:29:49.989 --> 02:29:52.000 in any zoning category. 02:29:52.000 --> 02:29:53.000 Thank you. 02:29:53.000 --> 02:29:56.549 In my remaining time, I just want to say that it is 02:29:56.549 --> 02:30:01.260 disappointing that there's no air monitoring involved, that 02:30:01.260 --> 02:30:04.469 there are no electric engines instead of diesel, and we 02:30:04.469 --> 02:30:09.000 know the horrible impact of diesel on our air quality. 02:30:09.000 --> 02:30:13.290 And to correct Mr. Ireland, who said there was no need for 02:30:13.290 --> 02:30:17.000 vapor recovery units because of we have dry gas. 02:30:17.000 --> 02:30:20.229 Well, we might want to remind him that there were two tank 02:30:20.229 --> 02:30:24.069 batteries out at Westgate, and they were condensate tanks. 02:30:24.069 --> 02:30:26.000 Thank you. 02:30:26.000 --> 02:30:35.000 Thank you, Jennifer Lane and after his lane, Ron seaford. 02:30:35.000 --> 02:30:38.260 Oh, I'm sorry. Key lebriggs had a question I beg your 02:30:38.260 --> 02:30:39.000 pardon. 02:30:39.000 --> 02:30:50.950 Mr. So I just wanted to say thank you for sharing that 02:30:50.950 --> 02:30:55.159 email and 300 feet that you mentioned has been a concern of 02:30:55.159 --> 02:30:58.329 mine is a minimum as far as fire safety and then you 02:30:58.329 --> 02:31:01.000 mentioned 330. 02:31:01.000 --> 02:31:04.000 I watched the video a number of times of that work session. 02:31:04.000 --> 02:31:10.459 And if you haven't, you should. And the she deputy chief 02:31:10.459 --> 02:31:14.659 hedges distinctly said 330 feet and if he meant 300, that's 02:31:14.659 --> 02:31:16.000 still 50 feet. 02:31:16.000 --> 02:31:17.000 Right. 02:31:17.000 --> 02:31:21.000 Off. Is that, is that chief still with us or. 02:31:21.000 --> 02:31:24.549 No, we have a fire chief here. Can you come down and 02:31:24.549 --> 02:31:29.200 explain to us the 300, the safety. Are you is that all the 02:31:29.200 --> 02:31:31.000 questions. Yeah, thank you. 02:31:31.000 --> 02:31:40.000 I do like to hear from him. 02:31:40.000 --> 02:31:44.799 Mayor pro tam and council members, the D O T requirement is 02:31:44.799 --> 02:31:49.399 we've discussed in previous sessions lists for a for a fl 02:31:49.399 --> 02:31:54.190 ammable for a flammable gas lists a a isolation distance of 02:31:54.190 --> 02:31:56.000 330 feet. 02:31:56.000 --> 02:31:59.790 What we've identified in our discussions and what chief hed 02:31:59.790 --> 02:32:03.989 ges has shared is that we effectively as an industry use 300 02:32:03.989 --> 02:32:07.350 as a standard as a generalized measurement of for the 02:32:07.350 --> 02:32:09.000 isolation distance. 02:32:09.000 --> 02:32:12.399 And as we've indicated, the isolation distance is that 02:32:12.399 --> 02:32:15.739 primary area where we make our size up an assessment and 02:32:15.739 --> 02:32:19.450 then based on the conditions presented, whether we've got a 02:32:19.450 --> 02:32:23.069 a liquefied release and we're talking about topography and 02:32:23.069 --> 02:32:27.379 and downstream runoff or whether we've got a gaseous 02:32:27.379 --> 02:32:28.000 release. 02:32:28.000 --> 02:32:32.190 And we're talking about when direction and escape. That is 02:32:32.190 --> 02:32:35.280 what will help us to identify the direction of an 02:32:35.280 --> 02:32:39.000 evacuation zone and the size of an evacuation zone. 02:32:39.000 --> 02:32:42.739 But we start with an isolation distance of 300 feet and 02:32:42.739 --> 02:32:48.000 work from there. Thank you. 02:32:48.000 --> 02:32:52.000 Jennifer lane and then Ron fever. 02:32:52.000 --> 02:32:56.489 My name is Jennifer Lane. I live at 1526 Willowwood Street 02:32:56.489 --> 02:32:58.000 in Denton, Texas. 02:32:58.000 --> 02:33:02.430 Code 76205 property values have dropped here in Denton 02:33:02.430 --> 02:33:04.000 while rising elsewhere. 02:33:04.000 --> 02:33:06.670 I'm sure you know that from other sources. My own house 02:33:06.670 --> 02:33:09.959 built by Anderson and Wilson, the architect of Houston's 02:33:09.959 --> 02:33:13.760 Astrodome, has dropped approximately 20 K in the last year, 02:33:13.760 --> 02:33:16.000 even though maintained and upgraded. 02:33:16.000 --> 02:33:19.389 Eventually, as brought forward by Carol Sof and also by 02:33:19.389 --> 02:33:23.000 others, there will be an explosion like Arlington's. 02:33:23.000 --> 02:33:25.899 We were very lucky last April when the well caught on fire 02:33:25.899 --> 02:33:28.000 because there was very little gas in it. 02:33:28.000 --> 02:33:30.000 Struck by lightning. 02:33:30.000 --> 02:33:33.739 It strikes me sort of at the last minute in terms of 02:33:33.739 --> 02:33:35.000 catching up. 02:33:35.000 --> 02:33:37.639 Mr. Groth has been given increased discretionary power to 02:33:37.639 --> 02:33:39.000 approve setback waivers. 02:33:39.000 --> 02:33:42.469 This kind of power, in my opinion, should be reserved for 02:33:42.469 --> 02:33:44.000 elected officials only. 02:33:44.000 --> 02:33:48.190 And HB 40 says local control results in a patchwork of 02:33:48.190 --> 02:33:49.000 regulations. 02:33:49.000 --> 02:33:53.059 How is weakening our ordinance as compared to say flower m 02:33:53.059 --> 02:33:56.000 ounds not a patchwork also. 02:33:56.000 --> 02:33:59.600 I've been away and I've been shocked to follow what has 02:33:59.600 --> 02:34:02.000 gone on here since this past May. 02:34:02.000 --> 02:34:05.180 Governance here puts counsel in the position of acting not 02:34:05.180 --> 02:34:08.829 only as our elected officials, but as a Supreme Court over 02:34:08.829 --> 02:34:12.000 the will of thousands of Denton citizens. 02:34:12.000 --> 02:34:14.969 Since we banned fracking, our city officials and staff 02:34:14.969 --> 02:34:18.620 should be proposing the strongest ordinance around, not the 02:34:18.620 --> 02:34:20.000 weakest one. 02:34:20.000 --> 02:34:23.000 Thank you. 02:34:23.000 --> 02:34:25.000 Thank you very much. 02:34:25.000 --> 02:34:34.000 On TV and then Cindy spoon. 02:34:34.000 --> 02:34:38.000 Hello, my name is Ron. I live at 1400 Moran Drive. 02:34:38.000 --> 02:34:41.370 You know, I also appreciate all the work you all have done 02:34:41.370 --> 02:34:42.569 on this. I'm going to talk like an auctioneer because I 02:34:42.569 --> 02:34:43.000 want to get through it all. 02:34:43.000 --> 02:34:45.989 I can't say I'm in favor of it, but there's some things 02:34:45.989 --> 02:34:48.000 that we could do a lot better on. 02:34:48.000 --> 02:34:51.000 I echo everything that's been said about new well setbacks. 02:34:51.000 --> 02:34:54.860 There's I think a strong case has been made that industry 02:34:54.860 --> 02:34:58.000 disregards local control with HB 40. 02:34:58.000 --> 02:35:00.420 They're going to go after you all no matter what it is and 02:35:00.420 --> 02:35:03.000 the courts will decide what a reasonable setback is. 02:35:03.000 --> 02:35:05.899 So let's stand by the people, the Democratic will of the 02:35:05.899 --> 02:35:08.479 people and stand by our strong setbacks, make allies of 02:35:08.479 --> 02:35:10.000 those that are taking the strongest line. 02:35:10.000 --> 02:35:13.180 It's strategic. We can align ourselves with Dallas, Flower 02:35:13.180 --> 02:35:14.000 Mound, etc. 02:35:14.000 --> 02:35:18.000 1500 foot setbacks. Let's go for it. 02:35:18.000 --> 02:35:22.190 There's no reason to incentivize industry. They have an ins 02:35:22.190 --> 02:35:24.000 atiable lust for gas. 02:35:24.000 --> 02:35:27.309 They do not need lower setbacks for industrial areas. They 02:35:27.309 --> 02:35:30.110 will come for it there. They'll come for it here. They'll 02:35:30.110 --> 02:35:31.000 come for it everywhere. 02:35:31.000 --> 02:35:33.780 We should not lower setbacks for them under any 02:35:33.780 --> 02:35:35.000 circumstances. 02:35:35.000 --> 02:35:37.020 We just heard from the chief. It shouldn't be that low 02:35:37.020 --> 02:35:39.000 regardless, but we don't need minimums. 02:35:39.000 --> 02:35:42.290 Let's do away with minimums. If you offer a minimum, what 02:35:42.290 --> 02:35:46.000 that says to me is the setback is just a jumping off point. 02:35:46.000 --> 02:35:49.760 It's not a real setback. It's the real setback is the 02:35:49.760 --> 02:35:52.000 minimum is what this says to me. 02:35:52.000 --> 02:35:56.000 We want no minimums. Please just put a setback on there, 02:35:56.000 --> 02:35:57.000 match it to the reverse, 02:35:57.000 --> 02:36:01.420 and have a variance process that is reflective of 02:36:01.420 --> 02:36:05.000 accountability so that you all can have a public hearing, 02:36:05.000 --> 02:36:08.309 and we can take each case individually. We don't have to 02:36:08.309 --> 02:36:11.000 aim for a minimum, but we can comment. 02:36:11.000 --> 02:36:12.760 Let these folks, if they want to come into this town and fr 02:36:12.760 --> 02:36:16.450 ack, let them have a public hearing and explain to the 02:36:16.450 --> 02:36:18.000 people why they deserve a variance. 02:36:18.000 --> 02:36:21.049 Let us confront them. It's like due process. They want to 02:36:21.049 --> 02:36:23.000 come and poison us. 02:36:23.000 --> 02:36:25.579 They have to come before us and convince us that they have 02:36:25.579 --> 02:36:28.190 the right to do so that we should allow them closer in than 02:36:28.190 --> 02:36:29.000 how we legislate. 02:36:29.000 --> 02:36:32.479 It's fair. It's reasonable. It's due process. You all can 02:36:32.479 --> 02:36:33.000 do that. 02:36:33.000 --> 02:36:37.000 We don't want these folks who don't, we don't have direct 02:36:37.000 --> 02:36:40.000 accountability to like the zoning board of adjustment or 02:36:40.000 --> 02:36:45.000 like the gas well administrator to have so much power. 02:36:45.000 --> 02:36:48.870 Let's see. Right. So on that gas well administrator should 02:36:48.870 --> 02:36:51.000 not have this ability to reduce setbacks by 50%. 02:36:51.000 --> 02:36:54.629 That's extraordinary for an unelected official. We should 02:36:54.629 --> 02:36:56.000 do away with that. 02:36:56.000 --> 02:36:59.209 I don't understand why these, if we're existing wells, you 02:36:59.209 --> 02:37:02.350 all have this pad minimum that can be exempted to five 02:37:02.350 --> 02:37:03.000 acres. 02:37:03.000 --> 02:37:06.159 Let's just keep the minimum or the maximum at two. Don't 02:37:06.159 --> 02:37:07.000 put it up to three, please. 02:37:07.000 --> 02:37:09.450 Leave it at two. The existing wells can apply for their 02:37:09.450 --> 02:37:12.920 five or their existing things. Don't give them more right 02:37:12.920 --> 02:37:14.000 off the bat. 02:37:14.000 --> 02:37:17.540 And notices. I echo that there's no reason we should have a 02:37:17.540 --> 02:37:18.000 maximum. 02:37:18.000 --> 02:37:20.559 After this already been approved, the notice that fracking 02:37:20.559 --> 02:37:24.000 activities are going to start, two days is unreasonable. 02:37:24.000 --> 02:37:26.950 If people want to save themselves and get away, they need a 02:37:26.950 --> 02:37:28.000 month's notice. 02:37:28.000 --> 02:37:30.149 Make, like if I want to move away, I need to give someone a 02:37:30.149 --> 02:37:32.000 month's notice. That's just standard. 02:37:32.000 --> 02:37:35.569 Make industry let people know 30 days we're going to come 02:37:35.569 --> 02:37:39.000 and poison you and give them a chance to get out of there. 02:37:39.000 --> 02:37:41.979 And then why cap it at 20 days notice? If industry wants to 02:37:41.979 --> 02:37:45.000 give us two or three months notice, please just let them. 02:37:45.000 --> 02:37:46.000 Thank you. 02:37:46.000 --> 02:37:49.860 Thank you. We have no questions. Cindy spoon and after 02:37:49.860 --> 02:37:54.000 Cindy Tara, Lynn Hunter. 02:37:54.000 --> 02:38:00.700 Uh, Cindy's fair and 2210 Westwood. I wrote all of y'all my 02:38:00.700 --> 02:38:03.000 concerns and my recommendations for amendments. 02:38:03.000 --> 02:38:05.430 And I tried to post them on your Facebooks and tweet them 02:38:05.430 --> 02:38:08.780 at you and all that good stuff. So hopefully you all read 02:38:08.780 --> 02:38:10.000 them already. 02:38:10.000 --> 02:38:13.059 Um, I think that the ordinance needs amendments and I hope 02:38:13.059 --> 02:38:16.000 that y'all are going to be adding those amendments. 02:38:16.000 --> 02:38:18.479 It's obviously not good as is if Devon energy and at 02:38:18.479 --> 02:38:21.260 Ireland are so comfortable with it and think that it's so 02:38:21.260 --> 02:38:22.000 workable. 02:38:22.000 --> 02:38:24.719 Um, I went to a gas well forum this past weekend in Ar 02:38:24.719 --> 02:38:27.379 lington with the railroad commission and the TCEQ 02:38:27.379 --> 02:38:29.000 representatives there. 02:38:29.000 --> 02:38:31.149 People from Arlington were asking them what they believed a 02:38:31.149 --> 02:38:32.000 safe setback was. 02:38:32.000 --> 02:38:35.159 The railroad commissioner said or the representative of the 02:38:35.159 --> 02:38:38.000 railroad commission said we do not deal with that. 02:38:38.000 --> 02:38:40.059 In fact, the direct quote was we don't take into 02:38:40.059 --> 02:38:42.340 consideration where people live in relation to this 02:38:42.340 --> 02:38:43.000 activity. 02:38:43.000 --> 02:38:45.450 So I bring that up because y'all have to know that y'all 02:38:45.450 --> 02:38:47.989 are our only line of defense. You are the only people that 02:38:47.989 --> 02:38:49.000 are going to protect us. 02:38:49.000 --> 02:38:53.409 Um, so please keep our setbacks 1200 foot at least no 02:38:53.409 --> 02:38:55.000 reverse setbacks. 02:38:55.000 --> 02:38:58.540 And then this 250 feet. I mean, God, we just heard from the 02:38:58.540 --> 02:38:59.000 chief. 02:38:59.000 --> 02:39:01.270 I'm hoping I want to believe that that's definitely going 02:39:01.270 --> 02:39:04.000 to be an amendment tonight that nothing below 330 feet. 02:39:04.000 --> 02:39:09.000 That's crazy. Um, industry is not going to be satisfied 02:39:09.000 --> 02:39:09.000 with anything. 02:39:09.000 --> 02:39:11.489 They're probably going to sue us. They're not going to sue 02:39:11.489 --> 02:39:12.000 all of these towns. 02:39:12.000 --> 02:39:15.000 So like other people said, strengthen numbers. 02:39:15.000 --> 02:39:17.920 Um, and if they do see a Suez, at least they'll be forced 02:39:17.920 --> 02:39:21.000 to define what commercially reasonable is in court. 02:39:21.000 --> 02:39:25.549 Um, one of my biggest concerns where I would like to see an 02:39:25.549 --> 02:39:29.579 amendment is in the zoning of the MPC and PD zones where 02:39:29.579 --> 02:39:32.340 they are actually exempt from this ordinance is my 02:39:32.340 --> 02:39:33.000 understanding. 02:39:33.000 --> 02:39:34.969 Please correct me if that's not right. But my understanding 02:39:34.969 --> 02:39:37.549 is that those zones are exempt from any ordinance that we 02:39:37.549 --> 02:39:38.000 pass. 02:39:38.000 --> 02:39:40.659 They get to write their own regulations of what a setback 02:39:40.659 --> 02:39:42.000 is. It can be below the minimum. 02:39:42.000 --> 02:39:45.500 I hope I'm wrong, but this is my reading of it. Um, so that 02:39:45.500 --> 02:39:47.909 sounds like a huge loophole and also areas where we know fr 02:39:47.909 --> 02:39:49.000 acking is coming in. 02:39:49.000 --> 02:39:51.530 So that is absolutely unacceptable. That needs to be an 02:39:51.530 --> 02:39:52.000 amendment. 02:39:52.000 --> 02:39:54.680 Um, I have a concern about where industrial zones border 02:39:54.680 --> 02:39:56.000 non-industrial zones. 02:39:56.000 --> 02:39:58.729 Uh, then you, it seems like you can get your setback down 02:39:58.729 --> 02:40:02.139 to 500 feet. That seems like unnecessarily burdening people 02:40:02.139 --> 02:40:05.000 that might already live closer to industrial zones. 02:40:05.000 --> 02:40:07.639 So why would we do that? Everyone should get their thousand 02:40:07.639 --> 02:40:09.000 foot setback or whatever. 02:40:09.000 --> 02:40:11.899 Um, I agree with the last speaker that we need to remove 02:40:11.899 --> 02:40:14.989 the increase of production sites from two to three acres. 02:40:14.989 --> 02:40:16.000 Why are we doing that? 02:40:16.000 --> 02:40:18.250 I don't understand any positive changes that are incentiv 02:40:18.250 --> 02:40:21.000 izing fracking. Like, you know that we don't want that. 02:40:21.000 --> 02:40:24.930 Um, no variances. I don't understand the need for a 02:40:24.930 --> 02:40:26.000 variance. 02:40:26.000 --> 02:40:28.399 I would love to hear, like, articulate the legal 02:40:28.399 --> 02:40:31.329 justification of why we need a variance process. Maybe I'm 02:40:31.329 --> 02:40:32.000 just not aware. 02:40:32.000 --> 02:40:35.389 Um, I think we should ban open surface pits. That's not 02:40:35.389 --> 02:40:37.920 currently addressed in the ordinance, but it is surface 02:40:37.920 --> 02:40:39.000 level activity. 02:40:39.000 --> 02:40:42.620 So why? There is one close to where I live. Um, I think we 02:40:42.620 --> 02:40:44.000 need vapor recovery units. 02:40:44.000 --> 02:40:48.190 Uh, I think we do need air monitors if we cannot regulate, 02:40:48.190 --> 02:40:52.000 uh, if we cannot add regulations to air emissions. 02:40:52.000 --> 02:40:55.000 We deserve to know, at least we deserve that data, and we 02:40:55.000 --> 02:40:58.000 deserve to know what we're being forced to breathe. 02:40:58.000 --> 02:41:02.190 Like, why, why not? Um, I think their permit fees should be 02:41:02.190 --> 02:41:03.000 increased. 02:41:03.000 --> 02:41:05.530 500 dollars is nothing for an industry that makes a lot of 02:41:05.530 --> 02:41:08.430 money. And definitely two days notice before fracking is 02:41:08.430 --> 02:41:10.000 absolutely unacceptable. 02:41:10.000 --> 02:41:12.260 I have to give two weeks notice before I can quit a job. 02:41:12.260 --> 02:41:14.659 Surely an industry can give me two weeks notice before they 02:41:14.659 --> 02:41:16.000 're coming to my community. 02:41:16.000 --> 02:41:19.000 We have a question. Mr. Trogantz. 02:41:19.000 --> 02:41:22.000 Well, thank you. Uh, it was more on the NPCs and the- 02:41:22.000 --> 02:41:23.000 PDs. 02:41:23.000 --> 02:41:26.100 Yeah. If we could have legal or Darren maybe explain kind 02:41:26.100 --> 02:41:29.629 of moving forward, they definitely are going to have some, 02:41:29.629 --> 02:41:31.000 um, setbacks and that sort of thing. 02:41:31.000 --> 02:41:34.280 They're going to have to bring us a master plan to, uh, 02:41:34.280 --> 02:41:37.000 city council in order for us to okay that. 02:41:37.000 --> 02:41:40.139 Um, just if you could speak on the details of that, uh, 02:41:40.139 --> 02:41:44.000 clear that one up, please. But thanks for bringing that up. 02:41:44.000 --> 02:41:47.000 Are there any other questions before she walks away though? 02:41:47.000 --> 02:41:48.000 No? Okay. 02:41:48.000 --> 02:41:50.319 Uh, you had mentioned, uh, if legal or Darren could. I was 02:41:50.319 --> 02:41:53.270 hoping you chose legal, but I'll be up here and, and 02:41:53.270 --> 02:41:56.000 probably lean on you, uh, for any assistance. 02:41:56.000 --> 02:41:59.430 But what, what we're proposing is not that there's a loop 02:41:59.430 --> 02:42:02.690 hole for MPCs or PDs that you could go out and apply for an 02:42:02.690 --> 02:42:05.000 MPC in lieu of any requirements. 02:42:05.000 --> 02:42:07.899 What we're doing though is recognizing that we have master 02:42:07.899 --> 02:42:10.479 plan communities and plan development districts that 02:42:10.479 --> 02:42:12.000 already exist in the city. 02:42:12.000 --> 02:42:15.850 Uh, Cole Ranch, Hunter Ranch, Robeson Ranch, Razor Ranch, a 02:42:15.850 --> 02:42:19.079 lot of ranches I guess just love being, uh, specialty 02:42:19.079 --> 02:42:20.000 district. 02:42:20.000 --> 02:42:23.280 But those actually were approved with a set of zoning 02:42:23.280 --> 02:42:27.069 regulations, uh, in some instances that address gas well 02:42:27.069 --> 02:42:28.000 drilling. 02:42:28.000 --> 02:42:32.059 So if they do, what we're saying in this proposal is that 02:42:32.059 --> 02:42:36.440 anything that's out there would, uh, be authorized under 02:42:36.440 --> 02:42:39.000 whatever it was that approved it. 02:42:39.000 --> 02:42:43.190 And for Robeson Ranch as an example, I know that site has, 02:42:43.190 --> 02:42:48.000 or that, uh, district has, uh, site specific authorization. 02:42:48.000 --> 02:42:50.780 So they actually submit a plan that identifies by meets and 02:42:50.780 --> 02:42:53.510 bounds description where each of these gas well drilling 02:42:53.510 --> 02:42:55.000 production sites will be. 02:42:55.000 --> 02:42:59.190 So in the event that that district already addresses a set 02:42:59.190 --> 02:43:03.000 back, uh, what we're proposing is to keep that. 02:43:03.000 --> 02:43:06.000 In the event, however, that there were any changes made to 02:43:06.000 --> 02:43:08.670 not only the drilling and production, the gas well 02:43:08.670 --> 02:43:14.000 development site plan, or the, uh, MPC or PD district, 02:43:14.000 --> 02:43:17.739 there'd be an opportunity to review that zoning district 02:43:17.739 --> 02:43:21.139 under the MPC or PD district and see where and if there 02:43:21.139 --> 02:43:25.340 could be any modifications to make those requirements 02:43:25.340 --> 02:43:29.950 comply with, uh, our, our new zoning chapter addressing gas 02:43:29.950 --> 02:43:31.000 well drilling. 02:43:31.000 --> 02:43:33.510 So it's, it's not, it's not something moving forward that 02:43:33.510 --> 02:43:35.000 an MPC would get you out of this. 02:43:35.000 --> 02:43:36.000 Right. 02:43:36.000 --> 02:43:38.930 And there isn't a loophole, uh, for this type of zoning 02:43:38.930 --> 02:43:41.000 outside of the gas well ordinance. 02:43:41.000 --> 02:43:43.639 But it does recognize that these exist and in some 02:43:43.639 --> 02:43:46.680 instances there's development and existing sites that 02:43:46.680 --> 02:43:49.000 already have, uh, lesser setbacks. 02:43:49.000 --> 02:43:51.569 Robeson Ranch, again, being an example, theirs is a hundred 02:43:51.569 --> 02:43:52.000 feet. 02:43:52.000 --> 02:43:53.000 Okay. 02:43:53.000 --> 02:43:56.000 That there are sites a hundred feet away. 02:43:56.000 --> 02:43:59.840 So if a new MPC comes, comes to Den here, they either have 02:43:59.840 --> 02:44:03.680 to follow the new ordinance or they have to get an approval 02:44:03.680 --> 02:44:05.000 by city council. 02:44:05.000 --> 02:44:06.000 Well, actually both. 02:44:06.000 --> 02:44:07.000 Okay. 02:44:07.000 --> 02:44:10.549 Any new MPC or PD district, we would review it for the 02:44:10.549 --> 02:44:15.000 compliance with this new ordinance or whatever gets passed. 02:44:15.000 --> 02:44:18.790 Uh, what we would do then is take that zoning regulation 02:44:18.790 --> 02:44:22.000 that the MPC and PD would be approved under. 02:44:22.000 --> 02:44:24.149 It goes through a public hearing with the planning and 02:44:24.149 --> 02:44:26.409 zoning commission and then comes to the city council for 02:44:26.409 --> 02:44:27.000 approval. 02:44:27.000 --> 02:44:28.000 Okay. 02:44:28.000 --> 02:44:29.000 Thank you. 02:44:29.000 --> 02:44:31.000 We have a question from Mr. Roden. 02:44:31.000 --> 02:44:33.000 Uh, thank you, Mayor Pro Tem. 02:44:33.000 --> 02:44:34.000 Thank you, Darren. 02:44:34.000 --> 02:44:35.000 And, and thanks for those questions. 02:44:35.000 --> 02:44:37.579 I did get the email and pinged on Facebook and I think 02:44:37.579 --> 02:44:40.520 Twitter today, tried to respond to some of them, but I was 02:44:40.520 --> 02:44:42.000 in meetings all morning. 02:44:42.000 --> 02:44:44.500 Uh, but they were very thoughtful and showed that you spent 02:44:44.500 --> 02:44:46.000 a lot of time with the ordinance. 02:44:46.000 --> 02:44:48.000 So I, I appreciate that. 02:44:48.000 --> 02:44:49.000 They're really good questions. 02:44:49.000 --> 02:44:51.899 So I want to, I want to get a couple of these addressed, um 02:44:51.899 --> 02:44:54.000 , for me or for you. 02:44:54.000 --> 02:44:58.409 And there's been a couple comments about your ability, 02:44:58.409 --> 02:45:02.979 Darren, to, uh, to, uh, allow for a variance in certain 02:45:02.979 --> 02:45:04.000 occasions. 02:45:04.000 --> 02:45:06.479 And I just want to clarify that because it's under some 02:45:06.479 --> 02:45:10.569 pretty specific conditions, uh, trying to, again, incentiv 02:45:10.569 --> 02:45:12.809 ize the type of behavior we're trying to do with the drill 02:45:12.809 --> 02:45:16.000 ers, which is take some of these sites offline. 02:45:16.000 --> 02:45:19.500 Can you spell out in what conditions you are authorized to 02:45:19.500 --> 02:45:23.069 grant, uh, a waiver and what sort of, uh, a variance and 02:45:23.069 --> 02:45:26.000 what sort of variance you're allowed to do? 02:45:26.000 --> 02:45:27.000 Yeah. 02:45:27.000 --> 02:45:29.989 Just to, to kind of clarify, there, there isn't necessarily 02:45:29.989 --> 02:45:32.000 any discretion or authority granted. 02:45:32.000 --> 02:45:35.459 Uh, I am the gas will administrator currently, but it's, it 02:45:35.459 --> 02:45:38.739 's written as a position and that gas will administrator is 02:45:38.739 --> 02:45:42.219 basically the, uh, appointee under the city manager, just 02:45:42.219 --> 02:45:45.000 designating how some things get approved. 02:45:45.000 --> 02:45:49.989 So that positions authority in this proposal would allow 02:45:49.989 --> 02:45:55.290 for administrative variances in the event an operator owned 02:45:55.290 --> 02:46:01.000 , uh, three drill sites in, in 120 acres of leased area. 02:46:01.000 --> 02:46:04.520 What the proposal would give is the opportunity to 02:46:04.520 --> 02:46:09.459 administratively reduce the 1000 foot setback as an example 02:46:09.459 --> 02:46:13.479 in the event that operator were willing to restrict two of 02:46:13.479 --> 02:46:19.000 the sites and only request, uh, new development on one. 02:46:19.000 --> 02:46:20.549 And not only would they have to restrict it, that would be 02:46:20.549 --> 02:46:21.000 recorded. 02:46:21.000 --> 02:46:23.149 So there'd be a document that says there won't be any 02:46:23.149 --> 02:46:24.000 future drilling. 02:46:24.000 --> 02:46:28.579 So in that scenario there's a specific calculation that 02:46:28.579 --> 02:46:34.100 allows that administrator the ability to reduce, uh, 50% if 02:46:34.100 --> 02:46:37.000 it's 1000 feet for one, then you can go down to 750. 02:46:37.000 --> 02:46:40.479 And if both sites were restricted, you can go down to 500 02:46:40.479 --> 02:46:41.000 feet. 02:46:41.000 --> 02:46:44.780 So what that gives us is instead of allowing the gas well 02:46:44.780 --> 02:46:48.750 operator the opportunity to go seek waivers for all three 02:46:48.750 --> 02:46:52.700 sites or go to the zoning board of adjustment for all three 02:46:52.700 --> 02:46:56.030 sites is to avoid that process because you may not be able 02:46:56.030 --> 02:46:58.000 to find all the property owners. 02:46:58.000 --> 02:47:01.250 Uh, you may have some public hearing notifications and, and 02:47:01.250 --> 02:47:04.000 timelines with the zoning board of adjustment. 02:47:04.000 --> 02:47:06.690 So in the event that you're willing to self restrict, we 02:47:06.690 --> 02:47:09.379 have an administrative process that just happens to go 02:47:09.379 --> 02:47:11.000 through the administrator. 02:47:11.000 --> 02:47:13.899 Good. And the end result would be less drilling sites, less 02:47:13.899 --> 02:47:15.000 impact on surrounding uses. 02:47:15.000 --> 02:47:19.000 There would be fewer new wells on multiple sites. Yes, sir. 02:47:19.000 --> 02:47:22.379 And so on this point too, the question of the industrial z 02:47:22.379 --> 02:47:25.799 oned area and why are we, why are we incentivizing drill, 02:47:25.799 --> 02:47:28.000 drilling activity on those sites? 02:47:28.000 --> 02:47:32.430 The idea is, and I'm asking this in a question, the idea is 02:47:32.430 --> 02:47:37.299 Darren, right? That we all agree that this is most properly 02:47:37.299 --> 02:47:39.000 an industrial use. 02:47:39.000 --> 02:47:42.010 It just so happens that Bay State Law, it can happen in 02:47:42.010 --> 02:47:44.000 across all zoning categories. 02:47:44.000 --> 02:47:46.909 And so what we're trying to do is to say, I'm asking you if 02:47:46.909 --> 02:47:51.469 this is correct, that we would like as much as possible for 02:47:51.469 --> 02:47:55.340 this activity to happen in industrial zoned areas where 02:47:55.340 --> 02:47:57.000 everyone in the city understands that's where appropriately 02:47:57.000 --> 02:48:01.190 industrial use activity should go. Is that correct? Is that 02:48:01.190 --> 02:48:03.000 the whole thrust of lowering the setbacks? 02:48:03.000 --> 02:48:07.000 One word answer. Yes. Thank you. Thank you. 02:48:07.000 --> 02:48:15.000 Ms. Wasney. So to confirm master plan community, MPC, PD 02:48:15.000 --> 02:48:21.069 plan community, the rules right now, if they were approved, 02:48:21.069 --> 02:48:23.000 they have their own set of rules. 02:48:23.000 --> 02:48:30.200 Going back to 01, 06, and 09 for three large communities 02:48:30.200 --> 02:48:36.000 encompassing 8,000 acres in southwest end. 02:48:36.000 --> 02:48:39.770 So when you see that little asterisk, you know, if they 02:48:39.770 --> 02:48:44.559 were approved, the only way they would have to come back 02:48:44.559 --> 02:48:49.709 online and conform with what we're looking at tonight would 02:48:49.709 --> 02:48:52.000 be as if they came in and asked for a change. 02:48:52.000 --> 02:48:58.270 To that MPC. In which case, now, to get approval, they 02:48:58.270 --> 02:49:03.000 would have to come into line with what we have. 02:49:03.000 --> 02:49:08.190 If new master plan communities, and again, these are our 02:49:08.190 --> 02:49:13.879 big, big, big communities, new, new master plan communities 02:49:13.879 --> 02:49:17.000 would have to conform to our rules. 02:49:17.000 --> 02:49:20.959 But I just want, you know, everyone to know that what has 02:49:20.959 --> 02:49:26.889 been approved in the past, it's set. So unless they come in 02:49:26.889 --> 02:49:31.000 , unless they initiate a change, it's set. 02:49:31.000 --> 02:49:34.500 And her question is, is that an accurate understanding? Yes 02:49:34.500 --> 02:49:38.000 . Thank you. All right. 02:49:38.000 --> 02:49:51.770 Terri Lynn Hunter. And then after Terri Lynn Hunter, Jody, 02:49:51.770 --> 02:49:53.950 and I'm going to even though you wrote your name phon 02:49:53.950 --> 02:49:56.000 etically, is Mert, I believe that is so. 02:49:56.000 --> 02:49:59.370 My name is Terri Lynn Hunter. I live at 918 North Bell Dent 02:49:59.370 --> 02:50:04.000 on, Texas. I'm opposed to aspects of this new ordinance. 02:50:04.000 --> 02:50:07.090 I'm glad to hear that renters will be notified when fr 02:50:07.090 --> 02:50:09.000 acking activity will occur. 02:50:09.000 --> 02:50:12.040 But this does not solve the greater problem of who is 02:50:12.040 --> 02:50:14.000 allowed to grant variances. 02:50:14.000 --> 02:50:17.389 So I want to address that. And I hope I'm wrong in my 02:50:17.389 --> 02:50:20.000 understanding of this. I just want to say that. 02:50:20.000 --> 02:50:24.000 For granting variances, the ordinance says that waivers are 02:50:24.000 --> 02:50:27.000 needed from 100% of protected uses. 02:50:27.000 --> 02:50:30.629 But we're still only talking about the owners. Owners who 02:50:30.629 --> 02:50:33.000 could live out of town, out of state. 02:50:33.000 --> 02:50:35.899 Despite some of the notification improvements, the overall 02:50:35.899 --> 02:50:39.719 sense that I get from reading this ordinance is a priority 02:50:39.719 --> 02:50:43.200 list with industry still at the top, then developers, then 02:50:43.200 --> 02:50:46.430 property owners, and then way down below is renters and the 02:50:46.430 --> 02:50:49.000 health and safety of all of our residents. 02:50:49.000 --> 02:50:52.719 Our vote showed that we wanted health and safety at the top 02:50:52.719 --> 02:50:53.000 . 02:50:53.000 --> 02:50:55.959 There are ways in this ordinance that I see lives are being 02:50:55.959 --> 02:50:58.000 prioritized based on what they own. 02:50:58.000 --> 02:51:01.860 I emailed this to you all earlier, but I just want to share 02:51:01.860 --> 02:51:04.000 this with the public as well. 02:51:04.000 --> 02:51:08.309 If you can see this chart here. Is there a way that we can 02:51:08.309 --> 02:51:11.000 see that? Thanks. 02:51:11.000 --> 02:51:14.049 Okay, so I just want to, for us to get an idea of how many 02:51:14.049 --> 02:51:17.000 people we're talking about that rent in Denton. 02:51:17.000 --> 02:51:22.000 So these are the demographics. And 48% of the overall 02:51:22.000 --> 02:51:26.000 housing units in Denton are occupied by renters. 02:51:26.000 --> 02:51:28.899 That is higher than the percentage of housing units that 02:51:28.899 --> 02:51:32.000 are owner occupied. That's my understanding. 02:51:32.000 --> 02:51:37.860 Out of the occupied housing units, 52.3% are occupied by 02:51:37.860 --> 02:51:39.000 renters. 02:51:39.000 --> 02:51:43.500 So this is a ton of people that we're talking about that 02:51:43.500 --> 02:51:46.000 don't have any say in this. 02:51:46.000 --> 02:51:49.209 Choices about whether or not this portion of the people of 02:51:49.209 --> 02:51:52.219 Denton will be in close proximity to a gas well with the 02:51:52.219 --> 02:51:55.760 potential for blowouts, fires, and the assured exposure to 02:51:55.760 --> 02:51:59.000 ongoing emissions will not be made by these people. 02:51:59.000 --> 02:52:02.170 And with notification, as Councilman Gregory's question 02:52:02.170 --> 02:52:05.889 pointed out, these people could receive as little as two 02:52:05.889 --> 02:52:07.000 days notice. 02:52:07.000 --> 02:52:10.680 They're actually prevented from being notified any sooner 02:52:10.680 --> 02:52:12.000 than 20 days. 02:52:12.000 --> 02:52:15.280 So I would be very entertained to hear the justification 02:52:15.280 --> 02:52:18.000 for not telling people as soon as possible. 02:52:18.000 --> 02:52:21.000 There has been a lot of talk about people's choices here. 02:52:21.000 --> 02:52:23.899 The argument has been made that if someone wants to live 02:52:23.899 --> 02:52:26.000 near fracking, that is their choice. 02:52:26.000 --> 02:52:29.200 I do not believe that this situation truly paints a picture 02:52:29.200 --> 02:52:32.000 of people being able to make informed choices. 02:52:32.000 --> 02:52:34.899 I know that it would certainly not be a reasonable amount 02:52:34.899 --> 02:52:37.469 of time for my family and I to make financial and log 02:52:37.469 --> 02:52:40.229 istical plans if we wanted to choose to leave during fr 02:52:40.229 --> 02:52:41.000 acking. 02:52:41.000 --> 02:52:44.250 I am calling on you to eliminate the potential for var 02:52:44.250 --> 02:52:45.000 iances. 02:52:45.000 --> 02:52:48.430 The industry will always go for a variance if we allow for 02:52:48.430 --> 02:52:49.000 them. 02:52:49.000 --> 02:52:51.000 They will always aim for the minimum setback. 02:52:51.000 --> 02:52:54.959 We have the responsibility to create an ordinance that 02:52:54.959 --> 02:52:59.270 protects all and informs all residents, not just those who 02:52:59.270 --> 02:53:01.000 own certain things. 02:53:01.000 --> 02:53:04.000 We have questions. Mr. Rhoade? 02:53:04.000 --> 02:53:08.459 >> Thank you, Terri Lynn, for your comments and the concern 02:53:08.459 --> 02:53:12.000 for renters because I think it's a good one. 02:53:12.000 --> 02:53:15.440 I think I'm going to ask a question of our legal team 02:53:15.440 --> 02:53:18.680 because I raised it, others have raised it as we're 02:53:18.680 --> 02:53:21.000 struggling with this particular issue. 02:53:21.000 --> 02:53:23.979 As it relates to notification, I think we're able to kind 02:53:23.979 --> 02:53:27.000 of get that to anyone living in a particular address. 02:53:27.000 --> 02:53:31.879 The question of variances as to whether or not a renter of 02:53:31.879 --> 02:53:36.559 a property can waive certain rights on behalf of the 02:53:36.559 --> 02:53:40.940 property owner, is that something that a city can allow 02:53:40.940 --> 02:53:43.000 according to state law? 02:53:43.000 --> 02:53:44.700 >> Well, and let me clarify, that's not what I'm calling 02:53:44.700 --> 02:53:45.000 for. 02:53:45.000 --> 02:53:46.000 >> Okay. 02:53:46.000 --> 02:53:50.040 >> Yeah, I'm calling for the ability for the property owner 02:53:50.040 --> 02:53:51.000 to do that. 02:53:51.000 --> 02:53:54.059 I don't want the ability for variances to be made for the 02:53:54.059 --> 02:53:57.190 renters, nor do I want the renters to be able to make that 02:53:57.190 --> 02:53:59.000 choice for future renters. 02:53:59.000 --> 02:54:00.000 Does that make sense? 02:54:00.000 --> 02:54:02.000 >> Right, but I just want to address the question as to 02:54:02.000 --> 02:54:06.569 whether or not a renter, a current renter, could even waive 02:54:06.569 --> 02:54:12.000 the rights on behalf of a property that they don't own. 02:54:12.000 --> 02:54:16.469 >> Right, this has been a topic of some thought and some 02:54:16.469 --> 02:54:21.149 discussion among the staff and also between the staff and 02:54:21.149 --> 02:54:23.000 the city council. 02:54:23.000 --> 02:54:27.319 The concern there is really one of standing, as we talked 02:54:27.319 --> 02:54:32.950 about, and that is who would have the standing to affect 02:54:32.950 --> 02:54:38.000 those waivers on behalf of the property itself. 02:54:38.000 --> 02:54:41.899 And as we've thought about it and as we've looked at it, we 02:54:41.899 --> 02:54:45.850 believe that it would need to be the property owner and not 02:54:45.850 --> 02:54:47.000 the renter. 02:54:47.000 --> 02:54:49.899 The renter could not affect the waiver on behalf of the 02:54:49.899 --> 02:54:51.000 property owner. 02:54:51.000 --> 02:54:54.530 And so we really don't see another way to craft the 02:54:54.530 --> 02:54:59.000 ordinance in order to address that issue and that problem. 02:54:59.000 --> 02:55:02.610 So we've done the best we could in drafting the ordinance 02:55:02.610 --> 02:55:05.000 around that concern of standing. 02:55:05.000 --> 02:55:07.000 >> Mr. Johnson. 02:55:07.000 --> 02:55:08.000 >> Thank you, Mayor Pro Tem. 02:55:08.000 --> 02:55:11.610 >> Terri Lynn, you championed the cause of the renter or 02:55:11.610 --> 02:55:15.000 the tenant very early on and I think, and I appreciate that 02:55:15.000 --> 02:55:17.000 because I think because of that, 02:55:17.000 --> 02:55:20.750 we have made modifications to the notice provisions versus 02:55:20.750 --> 02:55:23.000 what was originally thought of. 02:55:23.000 --> 02:55:29.000 So the notices will now go to the current resident. 02:55:29.000 --> 02:55:32.000 >> I do appreciate that. 02:55:32.000 --> 02:55:35.870 Is there a way that we can increase it from two days or 02:55:35.870 --> 02:55:39.319 take off the thing that says that they're not allowed to be 02:55:39.319 --> 02:55:42.000 notified more than 20 days in advance? 02:55:42.000 --> 02:55:46.000 I'd just love to hear some justification for that. 02:55:46.000 --> 02:55:50.829 >> I would think that we may see, I don't know, I cannot 02:55:50.829 --> 02:55:55.079 predict the future, except that we need to be done by 02:55:55.079 --> 02:55:56.000 midnight. 02:55:56.000 --> 02:56:02.000 But there may be an amendment on the notification timeline. 02:56:02.000 --> 02:56:06.959 I would imagine that having been around a while that when 02:56:06.959 --> 02:56:12.790 you send a notification out way in advance, sometimes 02:56:12.790 --> 02:56:17.000 people, because it's so far in advance, they forget. 02:56:17.000 --> 02:56:20.940 So I think that there's probably some optimal times, but 02:56:20.940 --> 02:56:24.879 there may be a motion for an amendment when we consider the 02:56:24.879 --> 02:56:26.000 ordinance. 02:56:26.000 --> 02:56:27.000 >> Sir, are multiple notifications? 02:56:27.000 --> 02:56:28.000 >> No, I'd love to ask my question. 02:56:28.000 --> 02:56:29.000 >> Okay. 02:56:29.000 --> 02:56:31.000 >> I was just wanting to give you a compliment before I ask 02:56:31.000 --> 02:56:33.000 your question because I'm curious about this one. 02:56:33.000 --> 02:56:36.770 You said you believe that operators will always ask for a 02:56:36.770 --> 02:56:40.000 variance to get closer to the protected use. 02:56:40.000 --> 02:56:43.000 I'm curious because I don't know the answer. 02:56:43.000 --> 02:56:47.000 Why do you think they would have a desire to get closer? 02:56:47.000 --> 02:56:49.000 Because I don't know how they think, right? 02:56:49.000 --> 02:56:52.969 But if I was one, I would want to not draw any attention to 02:56:52.969 --> 02:56:57.040 myself, get my minerals and not incite anybody if I could 02:56:57.040 --> 02:56:58.000 help it. 02:56:58.000 --> 02:57:01.260 So I'm curious, why would you think they would want to 02:57:01.260 --> 02:57:04.000 always get closer if they didn't need to? 02:57:04.000 --> 02:57:05.000 >> Sure. 02:57:05.000 --> 02:57:07.899 I think that because I drive through Denton every day and I 02:57:07.899 --> 02:57:10.000 see the layout of our neighborhoods. 02:57:10.000 --> 02:57:13.129 I see the vintage neighborhood where the neighborhood sign 02:57:13.129 --> 02:57:15.000 shares a wall with the frac wall. 02:57:15.000 --> 02:57:17.899 It seems like wherever there's a profit to be made, they're 02:57:17.899 --> 02:57:19.000 going to go for it. 02:57:19.000 --> 02:57:23.319 And I just agree that there's no reason to set one standard 02:57:23.319 --> 02:57:26.000 and then create a minimum over here. 02:57:26.000 --> 02:57:30.319 And the variance process is just to go through a non-elect 02:57:30.319 --> 02:57:34.000 ed board or to go through all the property owners or to go 02:57:34.000 --> 02:57:36.000 through Mr. Groth here. 02:57:36.000 --> 02:57:39.290 Those don't seem like fair processes to grant those var 02:57:39.290 --> 02:57:40.000 iances. 02:57:40.000 --> 02:57:43.000 So I'd like to see the variance option eliminated. 02:57:43.000 --> 02:57:45.000 >> Okay. Thank you. 02:57:45.000 --> 02:57:46.000 >> Thank you. 02:57:46.000 --> 02:57:48.000 >> Thanks, y'all. 02:57:48.000 --> 02:57:53.000 >> Jody Ismert and then Morgan Larson. 02:57:53.000 --> 02:57:55.000 So was that close? 02:57:55.000 --> 02:57:56.000 >> You got it. 02:57:56.000 --> 02:57:57.000 >> Wow. 02:57:57.000 --> 02:57:58.000 >> Thank you. 02:57:58.000 --> 02:58:04.000 Jody Ismert, 819 Anna Street, Denton, Texas. 02:58:04.000 --> 02:58:06.760 And I just wanted to say that last week I stood before you 02:58:06.760 --> 02:58:09.000 and spoke about two scientific studies. 02:58:09.000 --> 02:58:15.000 I did bring a visual today showing these studies this week. 02:58:15.000 --> 02:58:21.540 It's quite a big visual, so you may have to pan out a 02:58:21.540 --> 02:58:23.000 little. 02:58:23.000 --> 02:58:25.610 Anyhow, I'd like to go ahead and read some quotes off of 02:58:25.610 --> 02:58:27.920 that that I read last week regarding the scientific studies 02:58:27.920 --> 02:58:32.170 , especially one quote that I read last week from David Carp 02:58:32.170 --> 02:58:33.000 enter. 02:58:33.000 --> 02:58:36.000 I'll pull that away for a second. 02:58:36.000 --> 02:58:39.090 Cancer has a long latency, so you're not seeing an 02:58:39.090 --> 02:58:42.000 elevation in cancer in these communities. 02:58:42.000 --> 02:58:46.190 But five, 10, 15 years from now, elevation in cancer is 02:58:46.190 --> 02:58:48.000 almost certain to happen. 02:58:48.000 --> 02:58:52.899 And I'll go ahead and place that back so others can see the 02:58:52.899 --> 02:58:54.000 studies. 02:58:54.000 --> 02:58:58.000 There's so much already documented about the ill impacts on 02:58:58.000 --> 02:59:02.000 human health with regard to the chemicals used in fracking. 02:59:02.000 --> 02:59:06.000 And this growing body of evidence, it just simply keeps 02:59:06.000 --> 02:59:07.000 mounting. 02:59:07.000 --> 02:59:10.500 Considering that a 1,000 foot setback is much less than the 02:59:10.500 --> 02:59:13.159 studies would recommend, I don't think it's prudent to 02:59:13.159 --> 02:59:16.000 reduce the reverse setbacks to 250, 02:59:16.000 --> 02:59:20.319 nor do I think it's prudent to create variances down to 500 02:59:20.319 --> 02:59:22.000 feet for residences. 02:59:22.000 --> 02:59:25.760 I actually think this is reckless endangerment based on 02:59:25.760 --> 02:59:30.200 even what we heard from the chief this evening, the fire 02:59:30.200 --> 02:59:31.000 chief. 02:59:31.000 --> 02:59:38.000 And what Ed so eloquently spoke about as well. 02:59:38.000 --> 02:59:40.520 So I do believe it's reckless endangerment of current and 02:59:40.520 --> 02:59:42.000 future residents of Denton. 02:59:42.000 --> 02:59:46.239 And I say this knowing the recommended evacuation plan of 02:59:46.239 --> 02:59:52.280 acceptable standards is typically the 1,000 feet and down 02:59:52.280 --> 02:59:54.000 to 330. 02:59:54.000 --> 02:59:58.030 When a well explosion occurs, and also all of the evidence 02:59:58.030 --> 03:00:01.629 I've already presented of health impacts that occur to 03:00:01.629 --> 03:00:07.000 people living at much greater distances than 1,000 feet. 03:00:07.000 --> 03:00:10.069 And so I don't really think it's prudent to go beyond, to 03:00:10.069 --> 03:00:12.000 go below 1,000 feet. 03:00:12.000 --> 03:00:16.000 I think that's the absolute bare minimum that we should do. 03:00:16.000 --> 03:00:25.000 I also have a second visual. 03:00:25.000 --> 03:00:27.899 I'd like to show you some of the chemicals that we know are 03:00:27.899 --> 03:00:31.030 involved in fracking that would seriously adversely impact 03:00:31.030 --> 03:00:33.000 families living near fracking. 03:00:33.000 --> 03:00:38.579 We have volatile organic compounds, benzene, which is a car 03:00:38.579 --> 03:00:44.209 cinogen, it impacts neurological, it causes asthma, as well 03:00:44.209 --> 03:00:45.000 as respiratory issues. 03:00:45.000 --> 03:00:48.639 We have toluene, ethylbenzene, xylenes, formaldehyde, 03:00:48.639 --> 03:00:52.469 hydrogen sulfide, arsenic and lead, which are both heavy 03:00:52.469 --> 03:00:55.000 metal, poisonous heavy metals. 03:00:55.000 --> 03:01:00.000 All of these chemicals are known to be found near fracking. 03:01:00.000 --> 03:01:06.860 Lastly, I'd like to talk about speculative land investing 03:01:06.860 --> 03:01:09.000 versus public health and safety. 03:01:09.000 --> 03:01:13.020 Speculative investing is a high risk activity, and that's 03:01:13.020 --> 03:01:16.000 what the unimproved land investment is. 03:01:16.000 --> 03:01:20.000 It's a speculative investment. 03:01:20.000 --> 03:01:22.610 The bottom line of returns of the investor should not be 03:01:22.610 --> 03:01:25.280 equally weighed against the health and safety of Denton 03:01:25.280 --> 03:01:26.000 residents, 03:01:26.000 --> 03:01:30.280 especially when it's your responsibility to ensure the 03:01:30.280 --> 03:01:33.000 health and safety of the public. 03:01:33.000 --> 03:01:39.069 To equally weigh the two would be a false balance, and 03:01:39.069 --> 03:01:41.000 especially when 59% of the population voted to ban fracking 03:01:41.000 --> 03:01:48.000 altogether, knowing the health impacts. 03:01:48.000 --> 03:01:52.569 I really just hope that you guys go ahead and please 03:01:52.569 --> 03:01:57.000 maintain 1,000 foot setbacks, 1,000 foot reverse setbacks, 03:01:57.000 --> 03:02:00.000 no variances, no loopholes. 03:02:00.000 --> 03:02:03.000 That's what I'm asking for this evening. Thank you. 03:02:03.000 --> 03:02:12.000 Thank you. Morgan Larson and then Kelly Barr. 03:02:12.000 --> 03:02:18.000 Hey, y'all. I am Morgan Larson. I live at 2210 Westwood. 03:02:18.000 --> 03:02:23.100 I am in opposition to this or in opposition to parts of it, 03:02:23.100 --> 03:02:24.000 right? 03:02:24.000 --> 03:02:31.299 I also sent you guys an email with, you know, my thoughts 03:02:31.299 --> 03:02:34.000 on the ordinance. 03:02:34.000 --> 03:02:36.000 So there's that for you guys to look at. 03:02:36.000 --> 03:02:43.250 But in echoing what other people have said, I do not want 03:02:43.250 --> 03:02:49.000 first of all, I agree with Ron. 03:02:49.000 --> 03:02:51.899 Let's stand and fight with the rest of the counties that 03:02:51.899 --> 03:02:53.000 are here in Texas. 03:02:53.000 --> 03:02:55.989 Let's stay and let's fight with Dallas and Flower Mound and 03:02:55.989 --> 03:02:57.000 the other ones. 03:02:57.000 --> 03:02:59.989 We have a fight on our hands. It's no good to isolate 03:02:59.989 --> 03:03:02.000 ourselves, right? 03:03:02.000 --> 03:03:06.000 So let's stand with each other and fight these ordinances. 03:03:06.000 --> 03:03:08.899 We're going to be challenged no matter what, no matter what 03:03:08.899 --> 03:03:10.000 these setbacks are. 03:03:10.000 --> 03:03:13.629 So why are we -- why not push for the most when we get our 03:03:13.629 --> 03:03:15.000 ban taken away? 03:03:15.000 --> 03:03:20.129 Why do we're anything less? So across the board, 1,500 foot 03:03:20.129 --> 03:03:23.000 setbacks across the board, period. 03:03:23.000 --> 03:03:28.000 Let's see. No minimums, period. 03:03:28.000 --> 03:03:31.209 To the same reasons why other people have said why, what, 03:03:31.209 --> 03:03:32.000 minimums. 03:03:32.000 --> 03:03:36.000 Our ordinance is the minimum. What are we talking about? 03:03:36.000 --> 03:03:43.920 Let's see. For 35.5.10.6 -- I'm sorry, I don't know how to 03:03:43.920 --> 03:03:45.000 say it. 03:03:45.000 --> 03:03:50.989 But relief measures, right, when we're talking about those, 03:03:50.989 --> 03:03:54.000 operators may obtain reduction in the drilling production 03:03:54.000 --> 03:03:58.000 site setback requirements of section 35.5.10.2 03:03:58.000 --> 03:04:01.379 by procuring written notarized waivers from 100% of the 03:04:01.379 --> 03:04:02.000 owners. 03:04:02.000 --> 03:04:08.000 We've already addressed that. I stand with Tara Lynn. 03:04:08.000 --> 03:04:11.000 No reduction in setbacks. What else? 03:04:11.000 --> 03:04:17.000 Oh, yeah. So the part that says the Board of Adjustments 03:04:17.000 --> 03:04:20.469 shall hear and decide appeals of orders, decisions, or 03:04:20.469 --> 03:04:25.000 determinations made by the gas well administrator and so on 03:04:25.000 --> 03:04:27.000 and so forth. 03:04:27.000 --> 03:04:29.969 Why isn't this public? Why is this small body deciding 03:04:29.969 --> 03:04:32.000 something for the rest of Denton? 03:04:32.000 --> 03:04:36.049 I don't get it. I agree with Ron. Make it available to the 03:04:36.049 --> 03:04:37.000 public. 03:04:37.000 --> 03:04:40.180 Let us decide and hear very publicly what's going on. I don 03:04:40.180 --> 03:04:41.000 't get that at all. 03:04:41.000 --> 03:04:44.350 And you guys, right? Not just the City of Denton, but y'all 03:04:44.350 --> 03:04:47.000 , too. I don't understand that. 03:04:47.000 --> 03:04:49.299 There's lots of things in here that I don't necessarily 03:04:49.299 --> 03:04:50.000 understand. 03:04:50.000 --> 03:04:53.239 But I appreciate you guys working very hard because I know 03:04:53.239 --> 03:04:56.000 this has been a very long, arduous process. 03:04:56.000 --> 03:05:00.309 Let's see. I would also like mandatory baseline soil and 03:05:00.309 --> 03:05:04.000 water testing paid for by the industry. 03:05:04.000 --> 03:05:07.489 Let's milk that cow. They can pay that, right? No open 03:05:07.489 --> 03:05:12.000 surface pits within city limits. End of question. 03:05:12.000 --> 03:05:16.909 There has to be vapor recovery units. This is a surface 03:05:16.909 --> 03:05:21.000 level activity. Why wouldn't we get it? 03:05:21.000 --> 03:05:24.719 We should have air monitors, period. End of subject. And I 03:05:24.719 --> 03:05:26.000 agree with Cindy. 03:05:26.000 --> 03:05:29.440 Increase the application for these people. Why not make a 03:05:29.440 --> 03:05:30.000 profit off of it? 03:05:30.000 --> 03:05:33.209 If so many people want to come for Act Denton, why not make 03:05:33.209 --> 03:05:36.000 a profit off of it even more? Just thoughts. 03:05:36.000 --> 03:05:39.000 We have a question. Kelly Brink. 03:05:39.000 --> 03:05:43.190 Yes. You brought up about the fact of the variances in the 03:05:43.190 --> 03:05:45.000 Zoning Board of Adjustments. 03:05:45.000 --> 03:05:50.379 And I too had that same question and talked to legal about 03:05:50.379 --> 03:05:54.000 it. And I wanted as well for the things to come in front of 03:05:54.000 --> 03:05:56.000 council each time. 03:05:56.000 --> 03:05:59.680 So there was this -- because Arlington has the two-step 03:05:59.680 --> 03:06:03.000 process for the public to know what's going on. 03:06:03.000 --> 03:06:06.600 And I was -- can you explain -- it's something about the 03:06:06.600 --> 03:06:10.000 way the ordinance -- it's a zoning ordinance. 03:06:10.000 --> 03:06:14.639 I'm going to let her explain because I too had that request 03:06:14.639 --> 03:06:15.000 . Yes, ma'am. Thank you. 03:06:15.000 --> 03:06:18.889 Sure. Thanks for the opportunity to enlighten just a little 03:06:18.889 --> 03:06:21.000 bit on that particular point. 03:06:21.000 --> 03:06:24.159 I think it's important. We've heard a lot of citizen 03:06:24.159 --> 03:06:26.000 comment along these lines. 03:06:26.000 --> 03:06:32.719 Our ordinance is probably unique among North Texas ordin 03:06:32.719 --> 03:06:39.000 ances in as much as it's crafted as a zoning ordinance. 03:06:39.000 --> 03:06:41.780 For example, for Orr's Ordinance it is not crafted as a 03:06:41.780 --> 03:06:43.000 zoning ordinance. 03:06:43.000 --> 03:06:47.000 It's crafted as a police regulatory power ordinance. 03:06:47.000 --> 03:06:50.579 Ours, however, as a zoning ordinance puts these variance 03:06:50.579 --> 03:06:54.000 processes in a little different light. 03:06:54.000 --> 03:07:00.459 And we must in order to ensure that our zoning ordinance 03:07:00.459 --> 03:07:05.350 remains such, follow state law as it concerns the variance 03:07:05.350 --> 03:07:06.000 process. 03:07:06.000 --> 03:07:09.809 State law provides that we will go to the Zoning Board of 03:07:09.809 --> 03:07:11.000 Adjustment. 03:07:11.000 --> 03:07:14.639 It does not allow us to go process these variances through 03:07:14.639 --> 03:07:16.000 the city council. 03:07:16.000 --> 03:07:18.000 That's just the way state law is written. 03:07:18.000 --> 03:07:20.899 And so in that respect what we've done is crafted the 03:07:20.899 --> 03:07:24.799 zoning ordinance, I think for some very good and valid 03:07:24.799 --> 03:07:26.000 legal reasons. 03:07:26.000 --> 03:07:30.030 And then that puts us in these variance processes at the Z 03:07:30.030 --> 03:07:34.000 oning Board of Adjustment and not the city council. 03:07:34.000 --> 03:07:37.000 And so that's why we've crafted it this way. 03:07:37.000 --> 03:07:40.760 I think we must follow state law and I think there's a good 03:07:40.760 --> 03:07:42.000 reason to do so. 03:07:42.000 --> 03:07:44.000 Ms. Briggs. 03:07:44.000 --> 03:07:48.520 Okay. And I wanted to, about the pits, is the, we only 03:07:48.520 --> 03:07:55.000 allow freshwater pits, is that correct in our ordinance? 03:07:55.000 --> 03:08:00.000 Because I wanted to know about that as well. 03:08:00.000 --> 03:08:03.809 Yeah, our requirement for the pits dating back even a 03:08:03.809 --> 03:08:08.000 couple years has specific constituent requirements. 03:08:08.000 --> 03:08:10.530 So basically if it's not a freshwater pit, it wouldn't meet 03:08:10.530 --> 03:08:11.000 those. 03:08:11.000 --> 03:08:13.790 So any of the pits that exist, we're not proposing to close 03:08:13.790 --> 03:08:18.569 , but they would be a freshwater pit typically used to store 03:08:18.569 --> 03:08:24.000 that water for the next stage of drilling activities. 03:08:24.000 --> 03:08:26.000 Thank you. 03:08:26.000 --> 03:08:29.000 I don't, oh, I do see another question from Mr. Roden. 03:08:29.000 --> 03:08:32.000 Just to follow up to the question for legal on that. 03:08:32.000 --> 03:08:35.250 And just to clarify, because ZBA is a public meeting body, 03:08:35.250 --> 03:08:36.000 correct? 03:08:36.000 --> 03:08:39.799 So any of these variances requests would go through a 03:08:39.799 --> 03:08:43.469 public process and would that involve the public being able 03:08:43.469 --> 03:08:45.000 to speak at that meeting? 03:08:45.000 --> 03:08:50.510 Right. The Zoning Board of Adjustment is a quasi-judicial 03:08:50.510 --> 03:08:51.000 body. 03:08:51.000 --> 03:08:54.139 And there are certain notice provisions that will apply 03:08:54.139 --> 03:08:57.260 before the Zoning Board of Adjustment can actually hear 03:08:57.260 --> 03:08:59.000 cases that come before it. 03:08:59.000 --> 03:09:02.000 So those notices will go out. 03:09:02.000 --> 03:09:06.569 The public will have an opportunity to be present and to 03:09:06.569 --> 03:09:09.620 hear and present information with regard to the case that's 03:09:09.620 --> 03:09:12.000 coming before the Zoning Board of Adjustment. 03:09:12.000 --> 03:09:15.000 So in that respect, it will be a very public process. 03:09:15.000 --> 03:09:18.190 And the nomination and appointment process for that body is 03:09:18.190 --> 03:09:20.000 also itself a public process. 03:09:20.000 --> 03:09:22.000 Having seen that just tonight. 03:09:22.000 --> 03:09:24.000 Right. Just tonight. Yes, sir. 03:09:24.000 --> 03:09:25.000 Thanks. 03:09:25.000 --> 03:09:27.559 And who appoints the members of the Zoning Board of Adjust 03:09:27.559 --> 03:09:28.000 ment? 03:09:28.000 --> 03:09:30.000 That is the City Council. 03:09:30.000 --> 03:09:31.000 Okay. 03:09:31.000 --> 03:09:38.069 And do you care to elaborate on why we decided in the city 03:09:38.069 --> 03:09:48.000 to place our gas well drilling regulations in zoning code? 03:09:48.000 --> 03:09:52.850 Briefly, I'll address that without going into a great deal 03:09:52.850 --> 03:09:54.000 of detail. 03:09:54.000 --> 03:09:58.709 The City of Denton early in the early 2000s decided to 03:09:58.709 --> 03:10:03.079 approach gas well drilling a little bit differently, I 03:10:03.079 --> 03:10:07.659 think, than other Texas, certainly in North Texas and other 03:10:07.659 --> 03:10:09.000 Texas cities. 03:10:09.000 --> 03:10:12.000 And we required these gas well plats. 03:10:12.000 --> 03:10:15.780 And so these old gas well plats, some of them quite large, 03:10:15.780 --> 03:10:19.770 have been an issue that we have grappled with for a couple 03:10:19.770 --> 03:10:22.000 of decades, really. 03:10:22.000 --> 03:10:25.969 And so we've decided to craft our ordinance, our gas well 03:10:25.969 --> 03:10:30.120 drilling ordinance as a zoning ordinance to assist us in 03:10:30.120 --> 03:10:33.149 addressing some of those problems that we experienced with 03:10:33.149 --> 03:10:34.000 those plats. 03:10:34.000 --> 03:10:37.940 So this is, I think, a valiant effort and a good attempt on 03:10:37.940 --> 03:10:41.559 the part of the city's legal team to address a number of 03:10:41.559 --> 03:10:43.000 those problems. 03:10:43.000 --> 03:10:45.000 Okay. Thank you. 03:10:45.000 --> 03:10:47.000 I don't see any more questions. 03:10:47.000 --> 03:10:54.000 Kelly Barr, then Rosemary Candleria. 03:10:54.000 --> 03:10:57.709 Comrade Barr, state your name and address and you can begin 03:10:57.709 --> 03:10:58.000 . 03:10:58.000 --> 03:11:01.000 Hi. I'm the local Russian agent again. 03:11:01.000 --> 03:11:06.000 Kelly Barr, I'm at 1005 West Hickory Street. 03:11:06.000 --> 03:11:09.020 And I wanted to say that I'm glad to see that some positive 03:11:09.020 --> 03:11:12.459 changes have been made regarding notifications to residents 03:11:12.459 --> 03:11:15.559 in particular and also monitoring and enforcement of site 03:11:15.559 --> 03:11:17.000 equipment standards. 03:11:17.000 --> 03:11:21.000 Those are all great, but that's very low-hanging fruit. 03:11:21.000 --> 03:11:24.139 The most important part of this ordinance is the setback 03:11:24.139 --> 03:11:25.000 distances. 03:11:25.000 --> 03:11:28.379 Given that, these revisions miss the forest through the 03:11:28.379 --> 03:11:30.000 trees, is my argument. 03:11:30.000 --> 03:11:33.129 That forces the entire city landscape, as you just 03:11:33.129 --> 03:11:36.600 mentioned, that where so much land has been gobbled up by 03:11:36.600 --> 03:11:40.459 oil and gas development over the years, that it leaves all 03:11:40.459 --> 03:11:47.069 of us, those who do and do not own land in Osari State, 03:11:47.069 --> 03:11:49.000 because much of that land remains unusable in perpetuity. 03:11:49.000 --> 03:11:51.700 And so we're left with the legacy of these really bad 03:11:51.700 --> 03:11:54.000 previous land use practice decisions. 03:11:54.000 --> 03:11:57.670 So HB40 is a big part of our story in this revision process 03:11:57.670 --> 03:12:01.069 , but the other big part is that history of poor land use 03:12:01.069 --> 03:12:02.000 decisions. 03:12:02.000 --> 03:12:05.000 And by poor here I mean, to use the now infamous phrase, a 03:12:05.000 --> 03:12:08.170 patchwork quilt of decisions that were designed to promote 03:12:08.170 --> 03:12:11.000 as much mineral land development as possible. 03:12:11.000 --> 03:12:13.000 So now we have to deal with that legacy. 03:12:13.000 --> 03:12:15.899 An important part of that legacy is who our land use 03:12:15.899 --> 03:12:18.000 practices are designed to serve. 03:12:18.000 --> 03:12:20.000 And that's what I want to focus on. 03:12:20.000 --> 03:12:23.379 So I urge you to pass an ordinance that serves the people 03:12:23.379 --> 03:12:25.000 of Denton, generally. 03:12:25.000 --> 03:12:27.489 Because when it comes to land use in Denton, special 03:12:27.489 --> 03:12:29.879 interests always have been involved in the policy 03:12:29.879 --> 03:12:33.000 infrastructure and embedded in the policy infrastructure. 03:12:33.000 --> 03:12:35.899 To think that we started on a level playing field with 03:12:35.899 --> 03:12:38.979 regard to the balance between oil and gas operators, land 03:12:38.979 --> 03:12:42.000 developers, and the public in Denton is a mistake. 03:12:42.000 --> 03:12:44.899 Promoting land development is so embedded in the policy 03:12:44.899 --> 03:12:48.100 infrastructure that we are constantly tempted to understand 03:12:48.100 --> 03:12:50.690 this problem in terms of a home ownership and a land 03:12:50.690 --> 03:12:52.000 ownership problem. 03:12:52.000 --> 03:12:55.430 But passing the ordinance is not a homeowner or a landowner 03:12:55.430 --> 03:12:56.000 issue. 03:12:56.000 --> 03:13:00.190 It's an issue of the public good for the city of Denton as 03:13:00.190 --> 03:13:01.000 a whole. 03:13:01.000 --> 03:13:04.000 It's not about individual property rights. 03:13:04.000 --> 03:13:07.719 It's not the same kind of issue as being able to paint your 03:13:07.719 --> 03:13:10.000 house whatever color you want. 03:13:10.000 --> 03:13:12.899 We know that the downstream impacts of fracking are never 03:13:12.899 --> 03:13:15.719 contained within the bounds of a pad site or a plot of land 03:13:15.719 --> 03:13:16.000 . 03:13:16.000 --> 03:13:17.000 We know that. 03:13:17.000 --> 03:13:20.000 We know that the impacts leach out. 03:13:20.000 --> 03:13:23.079 And we know that fracking is dangerous and that more 03:13:23.079 --> 03:13:26.000 evidence of this rolls in on a regular basis. 03:13:26.000 --> 03:13:28.000 Fracking harms people in the immediate vicinity. 03:13:28.000 --> 03:13:30.209 Over time, it pollutes the air that whole communities 03:13:30.209 --> 03:13:31.000 breathe, right? 03:13:31.000 --> 03:13:33.000 Not just the people around a frac site. 03:13:33.000 --> 03:13:35.000 It winds its way into our water. 03:13:35.000 --> 03:13:37.079 It erodes our public roadways, and it degrades our health 03:13:37.079 --> 03:13:38.000 and quality of life. 03:13:38.000 --> 03:13:40.899 So regarding whether or not we allow homes to be built near 03:13:40.899 --> 03:13:43.620 fracking operations or new operations to be put in next to 03:13:43.620 --> 03:13:46.000 protected use properties, a better analogy is deciding 03:13:46.000 --> 03:13:48.760 whether or not someone can turn a neighborhood backyard 03:13:48.760 --> 03:13:52.020 into a hog farm or whether someone can build a school on 03:13:52.020 --> 03:13:53.000 the wrong side of a levy. 03:13:53.000 --> 03:13:55.909 The real sticking point here is deciding on land use 03:13:55.909 --> 03:13:59.100 practices that are sensible and safe for everyone in the 03:13:59.100 --> 03:14:00.000 long term. 03:14:00.000 --> 03:14:02.520 This means not only the people who are here now, but future 03:14:02.520 --> 03:14:04.790 generations of Dentonites, including master plan 03:14:04.790 --> 03:14:07.000 communities and plan development community people, too. 03:14:07.000 --> 03:14:11.670 So I echo concern about the kinds of suggestions that have 03:14:11.670 --> 03:14:14.000 been posed here tonight. 03:14:14.000 --> 03:14:17.000 Things about no variances, right? 03:14:17.000 --> 03:14:18.000 A thousand foot setback or more. 03:14:18.000 --> 03:14:20.000 Reverse setback and minimum setback. 03:14:20.000 --> 03:14:22.000 I think all those should be equal. 03:14:22.000 --> 03:14:25.729 We need things like air quality and soil quality monitoring 03:14:25.729 --> 03:14:26.000 . 03:14:26.000 --> 03:14:28.000 These are very basic, sensible things to do. 03:14:28.000 --> 03:14:32.000 We need things like vapor recovery units. 03:14:32.000 --> 03:14:35.000 A very sensible thing to do, right? 03:14:35.000 --> 03:14:39.180 So and some, I urge you to pass an ordinance that actually 03:14:39.180 --> 03:14:42.479 reflects that fracking is something that impacts the 03:14:42.479 --> 03:14:45.719 entirety of the city of Denton and therefore is something 03:14:45.719 --> 03:14:48.659 that concerns how it is that we use land in the city as a 03:14:48.659 --> 03:14:52.000 whole and not just in individual situations. 03:14:52.000 --> 03:14:55.000 There's a question from Mr. Hawkins. 03:14:55.000 --> 03:14:56.000 Thank you. 03:14:56.000 --> 03:14:57.000 I always appreciate when you speak. 03:14:57.000 --> 03:15:01.190 I think you're very articulate and you make some very good 03:15:01.190 --> 03:15:02.000 points. 03:15:02.000 --> 03:15:09.000 Just under House Bill 40, our struggle is, you know, we're 03:15:09.000 --> 03:15:12.090 trying to not take away these families have had these 03:15:12.090 --> 03:15:14.000 chunks of land for a long time. 03:15:14.000 --> 03:15:16.600 It's been in their family for a long time and they plan on 03:15:16.600 --> 03:15:18.000 developing part of that. 03:15:18.000 --> 03:15:21.239 And just with some of these setbacks, it just takes back, I 03:15:21.239 --> 03:15:24.450 know you know this already, just takes away huge chunks of 03:15:24.450 --> 03:15:25.000 that. 03:15:25.000 --> 03:15:28.569 So legal or staff and all of us together came up with 03:15:28.569 --> 03:15:32.379 reverse setback and we're trying to really beef up the 03:15:32.379 --> 03:15:36.639 notification process to let these people know what they're 03:15:36.639 --> 03:15:38.000 getting into. 03:15:38.000 --> 03:15:41.540 Do you see any other measure that we could put in place to 03:15:41.540 --> 03:15:45.000 beat that up more or on the notification process? 03:15:45.000 --> 03:15:47.450 I'm not saying that you necessarily agree with the reverse 03:15:47.450 --> 03:15:48.000 setback. 03:15:48.000 --> 03:15:49.000 I get that. 03:15:49.000 --> 03:15:52.409 But I just want to make sure that we haven't left any stone 03:15:52.409 --> 03:15:54.000 unturned in that way. 03:15:54.000 --> 03:15:58.000 Well, I mean the notifications are pretty small stone. 03:15:58.000 --> 03:15:59.000 Really. 03:15:59.000 --> 03:16:02.209 So I mean something that you could do immediately, which is 03:16:02.209 --> 03:16:04.989 what Tara Lynn recommended, which is reduce the requirement 03:16:04.989 --> 03:16:08.329 that people can't be notified until 20 days before the 03:16:08.329 --> 03:16:09.000 operation starts. 03:16:09.000 --> 03:16:12.719 I don't see any reason why you couldn't allow for advanced 03:16:12.719 --> 03:16:14.000 notification. 03:16:14.000 --> 03:16:17.379 And I know even in my own rental property unit, you have to 03:16:17.379 --> 03:16:21.000 give 60 day notification if you're going to move out. 03:16:21.000 --> 03:16:23.000 I think we're talking about two separate things. 03:16:23.000 --> 03:16:27.000 If you're about to buy a house and that process. 03:16:27.000 --> 03:16:29.000 So like disclosure requirements? 03:16:29.000 --> 03:16:29.000 Yes. 03:16:29.000 --> 03:16:31.000 Yeah, I think that should be a public process. 03:16:31.000 --> 03:16:33.930 I mean, if it's the case that we're going to allow the 03:16:33.930 --> 03:16:37.290 industry to use even more land than they've already taken, 03:16:37.290 --> 03:16:38.000 right? 03:16:38.000 --> 03:16:39.000 Even more land. 03:16:39.000 --> 03:16:41.270 And if it's the case that they're going to be impacting 03:16:41.270 --> 03:16:43.700 even more people, that needs to be something that we deal 03:16:43.700 --> 03:16:45.000 with together as a city. 03:16:45.000 --> 03:16:45.000 Right? 03:16:45.000 --> 03:16:48.239 Because this isn't just an issue of individual properties 03:16:48.239 --> 03:16:51.000 or individual people who are being impacted. 03:16:51.000 --> 03:16:54.209 This is something where the impacts leach out into the city 03:16:54.209 --> 03:16:55.000 as a whole. 03:16:55.000 --> 03:16:57.629 So something like having town hall meetings where people 03:16:57.629 --> 03:17:00.250 are notified of when new fracking activities are going to 03:17:00.250 --> 03:17:01.000 take place. 03:17:01.000 --> 03:17:05.190 Something like, you know, like a chunk of text that the 03:17:05.190 --> 03:17:10.469 city defines as standard boilerplate disclosure text that 03:17:10.469 --> 03:17:14.000 anyone who is selling property in and around Gaswell 03:17:14.000 --> 03:17:18.000 Development or anyone who plans to develop property or 03:17:18.000 --> 03:17:21.620 anything regarding land ownership, transfer of ownership or 03:17:21.620 --> 03:17:25.360 something like that, new residents that come in who are 03:17:25.360 --> 03:17:27.000 renting a property. 03:17:27.000 --> 03:17:28.000 Right? 03:17:28.000 --> 03:17:31.219 The city can define this boilerplate text that has to be 03:17:31.219 --> 03:17:34.000 that that would need a disclosure requirement. 03:17:34.000 --> 03:17:36.590 And it could say something about the health and safety 03:17:36.590 --> 03:17:39.290 impacts of fracking just so that people are alerted that 03:17:39.290 --> 03:17:42.000 this might be something that's really dangerous. 03:17:42.000 --> 03:17:44.469 I mean, obviously, it's not the case that every existing 03:17:44.469 --> 03:17:46.000 pad site is going to be refract. 03:17:46.000 --> 03:17:48.000 How would they be alerted? 03:17:48.000 --> 03:17:51.159 Well, I don't know much about what the typical disclosure 03:17:51.159 --> 03:17:52.000 process is. 03:17:52.000 --> 03:17:55.040 Well, just in this, the notification process, there's four 03:17:55.040 --> 03:17:56.000 of them listed. 03:17:56.000 --> 03:17:58.940 And so we're trying kind of during a close, you know, when 03:17:58.940 --> 03:18:01.879 you go buy a house, like getting that close, I know there's 03:18:01.879 --> 03:18:06.000 a bunch of signatures required, but you're just, you know, 03:18:06.000 --> 03:18:08.000 notified four different ways. 03:18:08.000 --> 03:18:11.129 And I'm just trying to in that way, just make sure that if 03:18:11.129 --> 03:18:14.129 I agree to the reverse setback that that person that's 03:18:14.129 --> 03:18:17.479 buying that home is notified, you know, they know what they 03:18:17.479 --> 03:18:18.000 're getting into. 03:18:18.000 --> 03:18:20.000 That's what I'm struggling with. 03:18:20.000 --> 03:18:23.000 And I just want to know if you had an opinion on that. 03:18:23.000 --> 03:18:24.000 Well, I mean, that's where thinking about more. 03:18:24.000 --> 03:18:26.940 I think it might be the case for a lot of people that the 03:18:26.940 --> 03:18:29.000 date of the closing is too late. 03:18:29.000 --> 03:18:29.000 Right? 03:18:29.000 --> 03:18:30.969 They've already invested a lot of money and time and energy 03:18:30.969 --> 03:18:32.000 in getting to that point. 03:18:32.000 --> 03:18:34.299 So maybe thinking about something that could be done before 03:18:34.299 --> 03:18:36.000 they get to that point would be helpful. 03:18:36.000 --> 03:18:38.250 But again, I want to reiterate that I don't think the 03:18:38.250 --> 03:18:41.000 notification or disclosure is the most important part here. 03:18:41.000 --> 03:18:43.790 The most important part is the setbacks because we already 03:18:43.790 --> 03:18:46.579 know what happens when you co-locate houses or other kinds 03:18:46.579 --> 03:18:49.000 of protective use with fracking activities. 03:18:49.000 --> 03:18:51.770 We know that leads to definite harms and that people are 03:18:51.770 --> 03:18:53.000 not happy with that. 03:18:53.000 --> 03:18:55.000 That's not a wise use of land. 03:18:55.000 --> 03:18:57.000 So I think the setback distance is so much more pressing. 03:18:57.000 --> 03:18:58.819 You've got a couple people up here, but thank you very much 03:18:58.819 --> 03:18:59.000 . 03:18:59.000 --> 03:19:00.000 Okay. 03:19:00.000 --> 03:19:01.000 Mr. Johnson. 03:19:01.000 --> 03:19:03.000 Thank you, Mayor Pro Tem. 03:19:03.000 --> 03:19:05.639 I, too, think you're very articulate and I think you make a 03:19:05.639 --> 03:19:07.000 lot of really good points. 03:19:07.000 --> 03:19:13.030 I want to see if I can maybe see if you understand maybe a 03:19:13.030 --> 03:19:18.000 different twist on the value of the land. 03:19:18.000 --> 03:19:20.000 You're talking to a philosopher. 03:19:20.000 --> 03:19:21.000 Yeah. 03:19:21.000 --> 03:19:26.299 So because what I hear from you pretty often is referring 03:19:26.299 --> 03:19:30.159 to the special interests, right, the developers and making 03:19:30.159 --> 03:19:31.000 more money and so on. 03:19:31.000 --> 03:19:33.000 Right. 03:19:33.000 --> 03:19:35.959 I want to make sure you understand, at least where I stand 03:19:35.959 --> 03:19:38.840 and I think where most of our conversations are, is it's 03:19:38.840 --> 03:19:40.000 not about money. 03:19:40.000 --> 03:19:43.379 So those gentlemen that spoke earlier, the family land, the 03:19:43.379 --> 03:19:46.000 land's been in their family for 70 years. 03:19:46.000 --> 03:19:49.000 It's not so much about how much money he can make. 03:19:49.000 --> 03:19:53.540 It's about whether as government we have the right to take 03:19:53.540 --> 03:19:58.000 it or to tell him what he can or can't do with the property 03:19:58.000 --> 03:19:58.000 because, 03:19:58.000 --> 03:20:00.610 because you're very passionate about this and you're very 03:20:00.610 --> 03:20:03.120 articulate about it and you feel very strongly about the 03:20:03.120 --> 03:20:05.000 health hazards, right? 03:20:05.000 --> 03:20:08.000 And people can agree or disagree. 03:20:08.000 --> 03:20:10.329 Some people say they don't think it causes any health 03:20:10.329 --> 03:20:11.000 problems. 03:20:11.000 --> 03:20:12.000 You do. 03:20:12.000 --> 03:20:17.219 And in this country, we have long had the ability to civ 03:20:17.219 --> 03:20:19.000 illy disagree. 03:20:19.000 --> 03:20:22.430 So the question isn't really so much about money in my mind 03:20:22.430 --> 03:20:27.200 where if we say 1,000 foot setbacks and 1,000 foot reverse 03:20:27.200 --> 03:20:28.000 setbacks, 03:20:28.000 --> 03:20:31.610 we're talking about 100 and something acres of somebody's 03:20:31.610 --> 03:20:34.799 property that we as government would say you now can't use 03:20:34.799 --> 03:20:38.000 it for anything other than put your cows on it. 03:20:38.000 --> 03:20:39.000 That's the dilemma. 03:20:39.000 --> 03:20:42.510 The dilemma isn't to say we want a house built on every 03:20:42.510 --> 03:20:45.840 piece of property in the entire city or we want to make 03:20:45.840 --> 03:20:48.000 sure that people can make as much money. 03:20:48.000 --> 03:20:52.600 It's not our job as policymakers to make sure that they 03:20:52.600 --> 03:20:54.000 make profit. 03:20:54.000 --> 03:20:58.489 It's the philosophical question of where does government's 03:20:58.489 --> 03:21:03.260 role stop and start because there are differing opinions on 03:21:03.260 --> 03:21:10.000 whether or not the fracking is going to make the water 03:21:10.000 --> 03:21:11.000 contaminated or the air. 03:21:11.000 --> 03:21:15.649 You have an opinion and you're certainly rightly to have it 03:21:15.649 --> 03:21:16.000 . 03:21:16.000 --> 03:21:18.000 Other people have other opinions. 03:21:18.000 --> 03:21:21.309 So then it just boils down to really if we impose 1,000 03:21:21.309 --> 03:21:24.489 foot reverse setback on somebody's property, they've got 03:21:24.489 --> 03:21:26.000 100 acres in their family. 03:21:26.000 --> 03:21:28.000 There's a well on the site next to it. 03:21:28.000 --> 03:21:31.000 We render their entire property unusable. 03:21:31.000 --> 03:21:34.379 So my question is if you -- unless you own the property, I 03:21:34.379 --> 03:21:37.690 don't know if that makes sense to you or to know what that 03:21:37.690 --> 03:21:39.000 would feel like. 03:21:39.000 --> 03:21:42.219 But do you -- I mean, do you know what we're dealing with 03:21:42.219 --> 03:21:44.000 with that sort of dilemma? 03:21:44.000 --> 03:21:47.479 I know it's a crappy situation all around and I know that 03:21:47.479 --> 03:21:51.110 it's difficult to have to deal with the history of land use 03:21:51.110 --> 03:21:53.629 in such a way that means that we might have to make really 03:21:53.629 --> 03:21:55.000 unpopular decisions right now. 03:21:55.000 --> 03:21:56.000 I get that. 03:21:56.000 --> 03:21:57.000 I totally get that. 03:21:57.000 --> 03:22:00.000 But this is about public policy making, right? 03:22:00.000 --> 03:22:03.750 This is about making policy that governs an entire city and 03:22:03.750 --> 03:22:06.000 everyone who lives in the city. 03:22:06.000 --> 03:22:09.930 Remember that Tara Lynn just showed us that close to 50% of 03:22:09.930 --> 03:22:13.000 people don't own land or homes here, right? 03:22:13.000 --> 03:22:15.000 So those people still need to be protected. 03:22:15.000 --> 03:22:18.079 I mean, I resist framing this issue in terms of individual 03:22:18.079 --> 03:22:21.309 property rights because it's not about individual property 03:22:21.309 --> 03:22:22.000 rights. 03:22:22.000 --> 03:22:24.610 So it is right that this question of the limits of 03:22:24.610 --> 03:22:26.000 government comes up. 03:22:26.000 --> 03:22:28.000 But the way in which it comes up is important. 03:22:28.000 --> 03:22:32.260 It comes up in terms of how is it that we ensure that most 03:22:32.260 --> 03:22:36.799 people are not harmed by something that we already know to 03:22:36.799 --> 03:22:38.000 be harmful. 03:22:38.000 --> 03:22:42.000 So it's not just my opinion that fracking is dangerous. 03:22:42.000 --> 03:22:43.000 It's not. 03:22:43.000 --> 03:22:45.520 I mean, you can't argue with the fact that people who have 03:22:45.520 --> 03:22:50.000 been living 250 feet from fracking activities are sick and 03:22:50.000 --> 03:22:53.329 have been sick and got sick as soon as it happened, as soon 03:22:53.329 --> 03:22:55.000 as the fracking started, right? 03:22:55.000 --> 03:22:56.000 You can't argue with their experience. 03:22:56.000 --> 03:22:58.579 You also can't argue with some of the studies that have 03:22:58.579 --> 03:23:00.959 come out recently about the possibility of water 03:23:00.959 --> 03:23:02.000 contamination. 03:23:02.000 --> 03:23:05.120 You can't argue with the fact that Oklahoma has had 500% 03:23:05.120 --> 03:23:08.000 increase in earthquakes because of injection wells. 03:23:08.000 --> 03:23:11.049 So at some point, we stop arguing about opinions and we 03:23:11.049 --> 03:23:13.000 start to talk in terms of facts. 03:23:13.000 --> 03:23:16.059 So we can already start from the perspective that fracking 03:23:16.059 --> 03:23:17.000 is dangerous. 03:23:17.000 --> 03:23:19.590 Just like last week, you've done a fantastic job of 03:23:19.590 --> 03:23:21.000 answering my question. 03:23:21.000 --> 03:23:22.000 I do appreciate it. 03:23:22.000 --> 03:23:26.000 There's one point still that I haven't very quickly. 03:23:26.000 --> 03:23:28.000 You asked the question, sir. 03:23:28.000 --> 03:23:30.000 Because it was a yes or no question. 03:23:30.000 --> 03:23:31.000 This is a good question. 03:23:31.000 --> 03:23:32.000 And actually, this is a question that's going to come up. 03:23:32.000 --> 03:23:33.000 Yes, right. 03:23:33.000 --> 03:23:34.000 Okay. 03:23:34.000 --> 03:23:36.000 So this question of the limits of government, right? 03:23:36.000 --> 03:23:38.690 So the government has already decided on one use for their 03:23:38.690 --> 03:23:41.000 land, which is to develop minerals, right? 03:23:41.000 --> 03:23:44.280 It's not an infringement on their rights to say that 03:23:44.280 --> 03:23:47.809 because of that decision that was made, you can't use that 03:23:47.809 --> 03:23:49.000 land for other things. 03:23:49.000 --> 03:23:51.569 It's just like in the case when Dallas redeveloped the 03:23:51.569 --> 03:23:54.620 Trinity River floodplain and they decided that the levees 03:23:54.620 --> 03:23:57.000 needed to be farther out, right? 03:23:57.000 --> 03:23:59.950 Other people had to get their land bought out because that 03:23:59.950 --> 03:24:03.180 was considered to be a dangerous place to be living or to 03:24:03.180 --> 03:24:05.000 have a business or other things like that. 03:24:05.000 --> 03:24:07.450 So there are already situations where we recognize that 03:24:07.450 --> 03:24:09.770 things are too dangerous to allow people to do certain 03:24:09.770 --> 03:24:11.000 things with that land. 03:24:11.000 --> 03:24:15.430 So what I want to follow up with though is do you remember 03:24:15.430 --> 03:24:20.559 when you spoke very early on in this process and you talked 03:24:20.559 --> 03:24:25.030 about the percentage of Denton surface owners who also own 03:24:25.030 --> 03:24:26.000 the minerals? 03:24:26.000 --> 03:24:27.000 Yeah. 03:24:27.000 --> 03:24:28.000 What was that percentage? 03:24:28.000 --> 03:24:30.510 Well, at the time I think I said it was 8 percent, but 03:24:30.510 --> 03:24:33.000 actually on further study it's like 2 percent. 03:24:33.000 --> 03:24:34.000 2 percent. 03:24:34.000 --> 03:24:36.520 So in fact your argument that you just made about if they 03:24:36.520 --> 03:24:39.129 sold their minerals they don't have a right to - it doesn't 03:24:39.129 --> 03:24:40.000 jive, right? 03:24:40.000 --> 03:24:44.000 So I'm just saying we can't have it both ways. 03:24:44.000 --> 03:24:47.709 So because I think it's a mistake to paint the picture that 03:24:47.709 --> 03:24:51.469 the person who owns the surface has already made his money 03:24:51.469 --> 03:24:54.360 on the minerals and therefore that he doesn't have a right 03:24:54.360 --> 03:24:58.159 to complain about the impact of the mineral acquisition on 03:24:58.159 --> 03:24:59.000 his surface value 03:24:59.000 --> 03:25:03.190 because less than 10 percent of the people in our city that 03:25:03.190 --> 03:25:06.000 own the surface also own the minerals. 03:25:06.000 --> 03:25:08.000 Those minerals were stripped off a long time ago. 03:25:08.000 --> 03:25:11.000 So this person's rights are up here. 03:25:11.000 --> 03:25:13.000 His value is up here. 03:25:13.000 --> 03:25:15.750 It may be his value to hold it and give it to his 03:25:15.750 --> 03:25:18.000 grandchildren or to develop it. 03:25:18.000 --> 03:25:19.879 But you can't - in other words we can't paint the picture 03:25:19.879 --> 03:25:21.000 both ways is all I'm saying. 03:25:21.000 --> 03:25:23.000 So I appreciate your comments. 03:25:23.000 --> 03:25:25.360 And that was not a question, but Ms. Briggs does have a 03:25:25.360 --> 03:25:26.000 question. 03:25:26.000 --> 03:25:27.000 Okay. 03:25:27.000 --> 03:25:28.000 Well, I had a response, but okay. 03:25:28.000 --> 03:25:30.000 I know you would. 03:25:30.000 --> 03:25:32.000 But we - go ahead. 03:25:32.000 --> 03:25:35.819 Well, mine is mostly whenever Councilman Hawkins was 03:25:35.819 --> 03:25:40.209 talking about notifications or how do we advise that, the 03:25:40.209 --> 03:25:43.370 image in my mind of getting a box of cigarettes that has 03:25:43.370 --> 03:25:46.000 the big giant warning on it. 03:25:46.000 --> 03:25:47.000 Surgeon general warning. 03:25:47.000 --> 03:25:48.000 Yeah, right there. 03:25:48.000 --> 03:25:50.329 Or when you're in a bar and you're in the bathroom and 03:25:50.329 --> 03:25:53.250 there's like pregnant, don't do this, this, this and this, 03:25:53.250 --> 03:25:54.000 you know. 03:25:54.000 --> 03:25:57.530 I mean we're even told to wash our hands because of the 03:25:57.530 --> 03:25:59.000 dangers of germs. 03:25:59.000 --> 03:26:02.870 So I don't know how we would get that information out 03:26:02.870 --> 03:26:06.920 because you can't put a sign - I mean you could put a sign 03:26:06.920 --> 03:26:10.000 on the site, but I don't really know. 03:26:10.000 --> 03:26:12.569 But that's the kind of image that popped into my head when 03:26:12.569 --> 03:26:14.000 you were asking about that. 03:26:14.000 --> 03:26:16.770 Yeah, something like a surgeon general's warning about fr 03:26:16.770 --> 03:26:18.000 acking would be great. 03:26:18.000 --> 03:26:19.000 Something like that. 03:26:19.000 --> 03:26:20.000 Yeah. 03:26:20.000 --> 03:26:21.000 All right. 03:26:21.000 --> 03:26:22.000 That's all of the questions. 03:26:22.000 --> 03:26:23.000 Thank you. 03:26:23.000 --> 03:26:25.000 We have three more speakers. 03:26:25.000 --> 03:26:28.770 Be mindful of your questions that you're asking because it 03:26:28.770 --> 03:26:31.000 's coming up on 10 o'clock. 03:26:31.000 --> 03:26:41.000 Rosemary Candelario and then Deborah Armator is on deck. 03:26:41.000 --> 03:26:46.000 Rosemary Candelario and I live at 602 Woodland Street. 03:26:46.000 --> 03:26:51.000 Our air and water, our health and safety, our Denton. 03:26:51.000 --> 03:26:53.899 This simple slogan was at the heart of our campaign to ban 03:26:53.899 --> 03:26:55.000 fracking in Denton. 03:26:55.000 --> 03:26:58.389 Our priorities were and remain to make Denton a healthy and 03:26:58.389 --> 03:27:02.000 sustainable city for all of our residents to live and grow. 03:27:02.000 --> 03:27:05.600 In other words, we declared that we want Denton to be a 03:27:05.600 --> 03:27:09.000 place guided by humanly reasonable standards. 03:27:09.000 --> 03:27:12.280 The majority of Denton voters agreed last November that fr 03:27:12.280 --> 03:27:15.690 acking within the city limits is incompatible with this goal 03:27:15.690 --> 03:27:16.000 . 03:27:16.000 --> 03:27:18.899 When HB40 nullified our ban and told us that we had to make 03:27:18.899 --> 03:27:22.000 decisions instead based on what is commercially reasonable, 03:27:22.000 --> 03:27:25.500 they stole from us our best means of protecting the health 03:27:25.500 --> 03:27:28.840 and safety of all the people of Denton in addition to our 03:27:28.840 --> 03:27:30.000 air and water. 03:27:30.000 --> 03:27:32.899 In effect, this leaves our gas well ordinance as a last 03:27:32.899 --> 03:27:34.000 line of defense. 03:27:34.000 --> 03:27:37.000 And this is really what's at stake here tonight, I think. 03:27:37.000 --> 03:27:40.479 Nothing less than the question of Denton will insist upon 03:27:40.479 --> 03:27:44.000 being humanly reasonable or merely commercially so. 03:27:44.000 --> 03:27:47.030 I believe that what you do here on the City Council is not 03:27:47.030 --> 03:27:50.000 only to represent and serve all the people of Denton, 03:27:50.000 --> 03:27:53.010 but also to do everything in your power to protect the well 03:27:53.010 --> 03:27:55.000 -being of all Denton's residents, 03:27:55.000 --> 03:27:58.040 not only the interests of industry or of developers or of 03:27:58.040 --> 03:27:59.000 property owners. 03:27:59.000 --> 03:28:02.649 And a number of people have already spoken quite eloquently 03:28:02.649 --> 03:28:05.000 about the rights of renters in Denton. 03:28:05.000 --> 03:28:08.729 And I appreciate everything you've said in response to that 03:28:08.729 --> 03:28:09.000 . 03:28:09.000 --> 03:28:11.610 But I am really concerned, however, that the current 03:28:11.610 --> 03:28:14.280 proposal leaves the people of Denton in a worse position 03:28:14.280 --> 03:28:16.000 than we were in 2013. 03:28:16.000 --> 03:28:18.899 And I joined the course of other Denton residents calling 03:28:18.899 --> 03:28:22.510 for no reduction in setbacks from the 2013 levels, not even 03:28:22.510 --> 03:28:24.000 in industrial zones. 03:28:24.000 --> 03:28:26.899 I believe the City Council owes it to us, your constituents 03:28:26.899 --> 03:28:31.069 who voted overwhelmingly to ban fracking, to protect as 03:28:31.069 --> 03:28:34.000 much of the city as possible under HB40. 03:28:34.000 --> 03:28:36.899 Our 1,200-foot setbacks are still less than Dallas and 03:28:36.899 --> 03:28:39.000 Flower Mound's 1,500-foot setbacks, 03:28:39.000 --> 03:28:41.899 which had a record of being commercially reasonable even 03:28:41.899 --> 03:28:44.000 before that term set the new standard. 03:28:44.000 --> 03:28:46.680 I also want to reiterate the call for reverse setbacks to 03:28:46.680 --> 03:28:49.000 not be lower than production site setbacks. 03:28:49.000 --> 03:28:52.000 How can something that's unsafe at a particular level, 03:28:52.000 --> 03:28:54.989 whether that's 1,000 feet or 1,200 feet, suddenly be safe 03:28:54.989 --> 03:28:59.020 at a distance of 250 feet just because a developer wants to 03:28:59.020 --> 03:29:00.000 build there? 03:29:00.000 --> 03:29:04.340 Again, we must be guided by the principle of what is human 03:29:04.340 --> 03:29:09.000 ly reasonable, not just what is commercially possible. 03:29:09.000 --> 03:29:11.510 And along those lines, I did have one question about the 03:29:11.510 --> 03:29:13.000 notice activities section. 03:29:13.000 --> 03:29:16.860 I'm really glad to hear that people are concerned with not 03:29:16.860 --> 03:29:20.000 ifying tenants when drilling is happening. 03:29:20.000 --> 03:29:24.049 But I'm concerned about the notifications in the ordinance 03:29:24.049 --> 03:29:27.370 about that operators have to give prior to filing 03:29:27.370 --> 03:29:31.340 applications for approval of gas well development site 03:29:31.340 --> 03:29:32.000 plans. 03:29:32.000 --> 03:29:35.379 My understanding is that that is still just limited to not 03:29:35.379 --> 03:29:37.000 ifying property owners. 03:29:37.000 --> 03:29:39.000 So I'd like to hear more about that. 03:29:39.000 --> 03:29:41.790 And finally, I do want to echo calls for simple and 03:29:41.790 --> 03:29:45.000 effective means to monitor the impact these commercially, 03:29:45.000 --> 03:29:47.950 quote unquote, commercially reasonable fracking practices 03:29:47.950 --> 03:29:50.409 has on the air, water, health, and safety of Denton 03:29:50.409 --> 03:29:51.000 residents. 03:29:51.000 --> 03:29:53.709 Like they sign air and water testing paid for by industry 03:29:53.709 --> 03:29:57.459 pre and post fracking and air quality monitors so that we 03:29:57.459 --> 03:30:00.559 confirm that they are actually operating within existing 03:30:00.559 --> 03:30:02.000 state and federal laws. 03:30:02.000 --> 03:30:04.510 And I think these are all simple but powerful amendments 03:30:04.510 --> 03:30:06.709 the city council can take to ensure that Denton is a 03:30:06.709 --> 03:30:09.209 reasonable place for humans and not just for commercial 03:30:09.209 --> 03:30:10.000 interests. 03:30:10.000 --> 03:30:11.000 Thank you. 03:30:11.000 --> 03:30:15.000 Thank you very much. 03:30:15.000 --> 03:30:21.000 And the last speaker would be Earl Bates. 03:30:21.000 --> 03:30:25.629 Hi, I'm Deborah Armitar and I live at 2003 Mistywood Lane 03:30:25.629 --> 03:30:27.000 here in Denton. 03:30:27.000 --> 03:30:32.510 I wanted to begin just by speaking to something that came 03:30:32.510 --> 03:30:39.000 up recently, the subject of the rights of service owners. 03:30:39.000 --> 03:30:43.909 And I once saw a quote, I don't remember where I heard or 03:30:43.909 --> 03:30:49.000 saw this, but I believe this very deeply and that is that 03:30:49.000 --> 03:30:54.000 your rights or one's rights end at my face. 03:30:54.000 --> 03:30:58.549 That is to say, your rights or any service owner's rights 03:30:58.549 --> 03:31:01.000 end where my health begins. 03:31:01.000 --> 03:31:09.000 I don't mean me, just me, I mean any individual's health. 03:31:09.000 --> 03:31:13.659 So I believe that that's the answer to the question about 03:31:13.659 --> 03:31:16.000 service owner's rights. 03:31:16.000 --> 03:31:18.000 Of course they have rights. 03:31:18.000 --> 03:31:21.700 But if something that they believe to be their rights is 03:31:21.700 --> 03:31:26.000 damaging somebody else, then that's not a right of theirs. 03:31:26.000 --> 03:31:30.000 It's actually an infringement on somebody else's rights. 03:31:30.000 --> 03:31:36.559 I want to say that if our ordinance is indeed a zoning 03:31:36.559 --> 03:31:42.819 ordinance, which means that everything is subject to the Z 03:31:42.819 --> 03:31:45.000 oning Board of Adjustment, 03:31:45.000 --> 03:31:48.729 then I would like to see our city charter eventually 03:31:48.729 --> 03:31:53.000 changed to make the Zoning Board of Adjustment an elected 03:31:53.000 --> 03:31:53.000 body, 03:31:53.000 --> 03:31:58.840 so that it can be accountable to citizens if it indeed has 03:31:58.840 --> 03:32:04.000 the power to make such significant decisions. 03:32:04.000 --> 03:32:07.700 I also want to say that even though state law might have 03:32:07.700 --> 03:32:11.000 these certain requirements for a zoning ordinance, 03:32:11.000 --> 03:32:15.569 I don't believe that state law says anything about var 03:32:15.569 --> 03:32:19.000 iances in setbacks being mandatory. 03:32:19.000 --> 03:32:22.399 That's up to us to decide, as I understand it, whether we 03:32:22.399 --> 03:32:27.069 want to have variances in our ordinance, and I believe we 03:32:27.069 --> 03:32:29.000 should not. 03:32:29.000 --> 03:32:34.000 The way that I think of it is like this. 03:32:34.000 --> 03:32:41.819 If a pedophile wants to live within two blocks of a school 03:32:41.819 --> 03:32:49.549 and there's a law that says, say, he has to live a great 03:32:49.549 --> 03:32:52.000 distance away, 03:32:52.000 --> 03:32:57.840 that pedophile shouldn't be able to negotiate with any 03:32:57.840 --> 03:33:03.690 special board to be able to move closer to the school for 03:33:03.690 --> 03:33:06.000 any given reason. 03:33:06.000 --> 03:33:13.139 Now, I understand that industry providers are not actually 03:33:13.139 --> 03:33:18.700 trying to harm people, so I don't mean to say that they are 03:33:18.700 --> 03:33:20.000 pedophiles. 03:33:20.000 --> 03:33:24.899 And again, many pedophiles also aren't intending to harm 03:33:24.899 --> 03:33:26.000 anybody. 03:33:26.000 --> 03:33:28.000 They're just sick individuals. 03:33:28.000 --> 03:33:30.000 They have a disease. 03:33:30.000 --> 03:33:33.000 And fracking, I see, is a disease. 03:33:33.000 --> 03:33:38.250 And so we need to, you need to, we're pleading with you to 03:33:38.250 --> 03:33:44.340 protect our children from the disease of fracking in this 03:33:44.340 --> 03:33:45.000 way. 03:33:45.000 --> 03:33:47.000 Thank you very much. 03:33:47.000 --> 03:33:53.000 Earl Bates. 03:33:53.000 --> 03:33:56.000 Last but not least, thank you all for your good work. 03:33:56.000 --> 03:33:57.000 My name's Earl Bates. 03:33:57.000 --> 03:34:01.000 I'm about at 5163 Shaw Lane. 03:34:01.000 --> 03:34:02.000 I'm from Omaha, Nebraska. 03:34:02.000 --> 03:34:04.000 I'm here for about six years. 03:34:04.000 --> 03:34:09.579 And I'm here because I was so inspired by Tara Lynn and by 03:34:09.579 --> 03:34:14.239 Cindy and Ron and all these good people that did this band 03:34:14.239 --> 03:34:15.000 thing. 03:34:15.000 --> 03:34:17.000 I thought that was fantastic. 03:34:17.000 --> 03:34:20.219 I know how we're fighting our own battles up there about 03:34:20.219 --> 03:34:23.000 the Keystone Pipeline and things like that. 03:34:23.000 --> 03:34:25.000 So many people here have come up with so many good details. 03:34:25.000 --> 03:34:27.000 I can't get into all that. 03:34:27.000 --> 03:34:31.010 It just, I can't wrap my head around all the, you know, the 03:34:31.010 --> 03:34:32.000 setbacks. 03:34:32.000 --> 03:34:36.530 And I just wanted to talk about the spirit, the spirit of 03:34:36.530 --> 03:34:40.000 what these folks have been trying to do. 03:34:40.000 --> 03:34:41.000 I'm not a Texan. 03:34:41.000 --> 03:34:42.000 I don't pretend to be. 03:34:42.000 --> 03:34:44.250 It's a great part of the world, though, and I'm glad to be 03:34:44.250 --> 03:34:45.000 around here. 03:34:45.000 --> 03:34:50.000 But I was so inspired by their good work. 03:34:50.000 --> 03:34:51.000 I was elated. 03:34:51.000 --> 03:34:54.000 I couldn't believe how could they possibly do this? 03:34:54.000 --> 03:34:55.000 How did you do it? 03:34:55.000 --> 03:34:56.000 And they did it. 03:34:56.000 --> 03:34:58.000 And then what? 03:34:58.000 --> 03:35:02.000 It's not about the money. 03:35:02.000 --> 03:35:05.000 It's not about the money. 03:35:05.000 --> 03:35:07.000 Well, it's all about the money. 03:35:07.000 --> 03:35:13.000 And the Texas legislature pooped on these guys. 03:35:13.000 --> 03:35:16.000 And I don't want to be, you know, I'm just here to say, 03:35:16.000 --> 03:35:20.000 please think about the spirit of their good, hard work. 03:35:20.000 --> 03:35:24.000 And I would say to you, if I may, your work now should be, 03:35:24.000 --> 03:35:26.000 since they voted for a ban, 03:35:26.000 --> 03:35:29.379 I would think that the city council would do everything in 03:35:29.379 --> 03:35:33.000 its power to make it hard to frack around here, 03:35:33.000 --> 03:35:36.860 to make it almost, you know, within the confines of the 03:35:36.860 --> 03:35:38.000 bill itself. 03:35:38.000 --> 03:35:40.000 Your job is to say, that's right. 03:35:40.000 --> 03:35:43.209 They don't like it, so let's do everything we can to 03:35:43.209 --> 03:35:45.000 restrict this fracking. 03:35:45.000 --> 03:35:46.000 And it's not about the money. 03:35:46.000 --> 03:35:48.899 Well, if we don't want to infringe on these good people 03:35:48.899 --> 03:35:50.000 that own property, 03:35:50.000 --> 03:35:54.530 I would suggest that this council and the good people here 03:35:54.530 --> 03:35:58.000 do everything we can to repeal HB 40. 03:35:58.000 --> 03:36:00.000 Let's go there, too. 03:36:00.000 --> 03:36:01.000 No fracking. 03:36:01.000 --> 03:36:07.000 Let's let the folks have their property rights. 03:36:07.000 --> 03:36:09.000 We had a story. 03:36:09.000 --> 03:36:10.000 Tara Lynn said it. 03:36:10.000 --> 03:36:12.000 She said we had a story. 03:36:12.000 --> 03:36:17.129 And before the ban was taken back, we had a great story 03:36:17.129 --> 03:36:18.000 here. 03:36:18.000 --> 03:36:21.000 Where'd that story go? 03:36:21.000 --> 03:36:22.000 Where'd it go? 03:36:22.000 --> 03:36:24.000 I'm hearing all these details. 03:36:24.000 --> 03:36:25.000 Well, we're missing a point. 03:36:25.000 --> 03:36:29.000 The point is fracking is not a good thing. 03:36:29.000 --> 03:36:31.000 We need the gas, we need the oil, sure, for now. 03:36:31.000 --> 03:36:33.000 We'll fix that later. 03:36:33.000 --> 03:36:36.000 But all I can say is we're going in the wrong direction, 03:36:36.000 --> 03:36:41.100 and I think the best thing that this council can do is to 03:36:41.100 --> 03:36:42.000 look into your hearts 03:36:42.000 --> 03:36:45.000 and listen to what the people have said here. 03:36:45.000 --> 03:36:46.520 The people that have inspired the heck out of me -- and you 03:36:46.520 --> 03:36:48.000 guys inspired me, too. 03:36:48.000 --> 03:36:49.000 This is hard work. 03:36:49.000 --> 03:36:50.000 I know it is. 03:36:50.000 --> 03:36:53.549 My head is spinning right now because I can't keep up with 03:36:53.549 --> 03:36:55.000 all these details. 03:36:55.000 --> 03:37:01.000 But the best thing you can do within our situation now is 03:37:01.000 --> 03:37:03.000 within the law, 03:37:03.000 --> 03:37:06.549 do what you can to restrict this fracking, whatever it 03:37:06.549 --> 03:37:07.000 takes. 03:37:07.000 --> 03:37:11.479 And like Will Rogers said, never miss a good chance to shut 03:37:11.479 --> 03:37:12.000 up. 03:37:12.000 --> 03:37:13.000 Thank you all. 03:37:13.000 --> 03:37:16.000 [ Applause ] 03:37:16.000 --> 03:37:17.000 Oh, there is a question, sir. 03:37:17.000 --> 03:37:18.000 Yes. 03:37:18.000 --> 03:37:19.000 Mr. Hawkins. 03:37:19.000 --> 03:37:21.000 I got a chance to talk to you last week, and I enjoyed it. 03:37:21.000 --> 03:37:22.000 Yes. 03:37:22.000 --> 03:37:24.409 And I appreciate you moving from somewhere else and caring 03:37:24.409 --> 03:37:26.000 about Denton and all that. 03:37:26.000 --> 03:37:29.479 I promise you all I'm trying to do up here is figuring out, 03:37:29.479 --> 03:37:30.000 like you said, 03:37:30.000 --> 03:37:34.959 within the law and everything in our power how far we can 03:37:34.959 --> 03:37:36.000 push it. 03:37:36.000 --> 03:37:37.000 That's all I'm trying to do up here. 03:37:37.000 --> 03:37:39.000 That's all anybody can ask right now. 03:37:39.000 --> 03:37:40.000 Okay. 03:37:40.000 --> 03:37:41.000 The next step is to -- 03:37:41.000 --> 03:37:42.000 No, it's not a question, but -- 03:37:42.000 --> 03:37:43.000 Yeah. 03:37:43.000 --> 03:37:45.000 And I appreciate what you said and the spirit and all that. 03:37:45.000 --> 03:37:46.000 So thank you. 03:37:46.000 --> 03:37:48.250 Thank you, Mr. Bates, and thank you for admitting that you 03:37:48.250 --> 03:37:49.000 're from another state. 03:37:49.000 --> 03:37:52.500 You know, there's an old saying, never ask a man where he's 03:37:52.500 --> 03:37:53.000 from. 03:37:53.000 --> 03:37:55.959 If he's from Texas, he'll tell you, and if he's not, why 03:37:55.959 --> 03:37:57.000 embarrass him? 03:37:57.000 --> 03:37:59.000 [ Laughter ] 03:37:59.000 --> 03:38:01.000 So you embarrassed yourself. 03:38:01.000 --> 03:38:03.000 But thank you very much for your comments. 03:38:03.000 --> 03:38:04.000 Okay. 03:38:04.000 --> 03:38:05.000 Thanks for your -- 03:38:05.000 --> 03:38:06.000 All right. 03:38:06.000 --> 03:38:07.649 That is all of the people that have indicated a desire to 03:38:07.649 --> 03:38:08.000 speak. 03:38:08.000 --> 03:38:11.239 We have several people that have filled out cards, and I 03:38:11.239 --> 03:38:13.000 will read those into the record. 03:38:13.000 --> 03:38:18.120 And I'll read them out loud, and then I'll read them out 03:38:18.120 --> 03:38:19.000 loud. 03:38:19.000 --> 03:38:22.000 And then I'll read them out loud, and then I'll read them 03:38:22.000 --> 03:38:24.000 out loud, and then I'll read them out loud. 03:38:24.000 --> 03:38:26.469 And then I'll read them out loud, and then I'll read them 03:38:26.469 --> 03:38:29.000 out loud, and then I'll read them out loud. 03:38:29.000 --> 03:38:31.469 And then I'll read them out loud, and then I'll read them 03:38:31.469 --> 03:38:34.000 out loud, and then I'll read them out loud. 03:38:34.000 --> 03:38:37.280 And then I'll read them out loud, and then I'll read them 03:38:37.280 --> 03:38:38.000 out loud, and then I'll read them out loud. 03:38:38.000 --> 03:38:40.000 And then I'll read them out loud, and then I'll read them 03:38:40.000 --> 03:38:42.040 out loud, and then I'll read them out loud, and then I'll 03:38:42.040 --> 03:38:43.000 read them out loud. 03:38:43.000 --> 03:38:45.129 And then I'll read them out loud, and then I'll read them 03:38:45.129 --> 03:38:47.000 out loud, and then I'll read them out loud. 03:38:47.000 --> 03:38:49.129 And then I'll read them out loud, and then I'll read them 03:38:49.129 --> 03:38:51.000 out loud, and then I'll read them out loud. 03:38:51.000 --> 03:38:53.420 And then I'll read them out loud, and then I'll read them 03:38:53.420 --> 03:38:54.000 out loud. 03:38:54.000 --> 03:38:56.420 And then I'll read them out loud, and then I'll read them 03:38:56.420 --> 03:38:57.000 out loud. 03:38:57.000 --> 03:38:59.420 And then I'll read them out loud, and then I'll read them 03:38:59.420 --> 03:39:00.000 out loud. 03:39:00.000 --> 03:39:02.420 And then I'll read them out loud, and then I'll read them 03:39:02.420 --> 03:39:03.000 out loud. 03:39:03.000 --> 03:39:05.420 And then I'll read them out loud, and then I'll read them 03:39:05.420 --> 03:39:06.000 out loud. 03:39:06.000 --> 03:39:08.420 And then I'll read them out loud, and then I'll read them 03:39:08.420 --> 03:39:09.000 out loud. 03:39:09.000 --> 03:39:11.420 And then I'll read them out loud, and then I'll read them 03:39:11.420 --> 03:39:12.000 out loud. 03:39:12.000 --> 03:39:14.420 And then I'll read them out loud, and then I'll read them 03:39:14.420 --> 03:39:15.000 out loud. 03:39:15.000 --> 03:39:17.420 And then I'll read them out loud, and then I'll read them 03:39:17.420 --> 03:39:18.000 out loud. 03:39:18.000 --> 03:39:20.420 And then I'll read them out loud, and then I'll read them 03:39:20.420 --> 03:39:21.000 out loud. 03:39:21.000 --> 03:39:23.420 And then I'll read them out loud, and then I'll read them 03:39:23.420 --> 03:39:24.000 out loud. 03:39:24.000 --> 03:39:26.420 And then I'll read them out loud, and then I'll read them 03:39:26.420 --> 03:39:27.000 out loud. 03:39:27.000 --> 03:39:29.420 And then I'll read them out loud, and then I'll read them 03:39:29.420 --> 03:39:30.000 out loud. 03:39:30.000 --> 03:39:32.420 And then I'll read them out loud, and then I'll read them 03:39:32.420 --> 03:39:33.000 out loud. 03:39:33.000 --> 03:39:35.420 And then I'll read them out loud, and then I'll read them 03:39:35.420 --> 03:39:36.000 out loud. 03:39:36.000 --> 03:39:38.420 And then I'll read them out loud, and then I'll read them 03:39:38.420 --> 03:39:39.000 out loud. 03:39:39.000 --> 03:39:41.420 And then I'll read them out loud, and then I'll read them 03:39:41.420 --> 03:39:42.000 out loud. 03:39:42.000 --> 03:39:44.420 And then I'll read them out loud, and then I'll read them 03:39:44.420 --> 03:39:45.000 out loud. 03:39:45.000 --> 03:39:47.420 And then I'll read them out loud, and then I'll read them 03:39:47.420 --> 03:39:48.000 out loud. 03:39:48.000 --> 03:39:50.420 And then I'll read them out loud, and then I'll read them 03:39:50.420 --> 03:39:51.000 out loud. 03:39:51.000 --> 03:39:53.420 And then I'll read them out loud, and then I'll read them 03:39:53.420 --> 03:39:54.000 out loud. 03:39:54.000 --> 03:39:56.420 And then I'll read them out loud, and then I'll read them 03:39:56.420 --> 03:39:57.000 out loud. 03:39:57.000 --> 03:39:59.420 And then I'll read them out loud, and then I'll read them 03:39:59.420 --> 03:40:00.000 out loud. 03:40:00.000 --> 03:40:06.219 Opposed saying that sentbacks should equal 1,000 feet, 03:40:06.219 --> 03:40:13.000 reverse sentbacks 1,000 feet, show some backbone. 03:40:13.000 --> 03:40:20.239 Allison Trapp, opposed, should not support this weakened 03:40:20.239 --> 03:40:23.000 ordinance tonight. 03:40:23.000 --> 03:40:27.530 Rhonda Love, opposed, allowing oil and gas development 03:40:27.530 --> 03:40:33.799 within 250 feet of homes and other spaces such as hospitals 03:40:33.799 --> 03:40:37.000 , parks, et cetera, is simply unsafe. 03:40:37.000 --> 03:40:41.299 Adam Briegel, in support, please increase residential 03:40:41.299 --> 03:40:43.000 reverse setbacks. 03:40:43.000 --> 03:40:48.579 Please disclose presence and risk of gas wells to all 03:40:48.579 --> 03:40:52.000 residents, not just owners. 03:40:52.000 --> 03:40:57.000 Please protect future residents of MPCs and PDs. 03:40:57.000 --> 03:41:06.170 Justin Lemons, in opposition, please have disenchanted 03:41:06.170 --> 03:41:10.920 developers slip their complaints into the suggestion box of 03:41:10.920 --> 03:41:13.000 the oil and gas industry. 03:41:13.000 --> 03:41:20.309 And Diane Robinson, opposed, I'm opposed to the change in 03:41:20.309 --> 03:41:25.000 setbacks. Please be brave. Keep it as it is at 1,200 feet. 03:41:25.000 --> 03:41:31.739 Those are all of the comments. There is a motion on the 03:41:31.739 --> 03:41:33.000 board. 03:41:33.000 --> 03:41:36.000 Ms. Briggs. 03:41:36.000 --> 03:41:43.000 He requested to speak first. 03:41:43.000 --> 03:41:45.000 Mr. Rudden. 03:41:45.000 --> 03:41:47.920 That's all right. I appreciate it. What a great 03:41:47.920 --> 03:41:50.000 conversation tonight. 03:41:50.000 --> 03:41:54.000 Very impressed all along this process. 03:41:54.000 --> 03:41:56.000 I mean, it's been several years. 03:41:56.000 --> 03:42:00.000 And I'm constantly impressed by the intelligence, the 03:42:00.000 --> 03:42:04.200 passion of our community and just the civil dialogue we've 03:42:04.200 --> 03:42:08.000 been able to foster just while we've been up here. 03:42:08.000 --> 03:42:11.000 It's a highly charged issue on all sides. 03:42:11.000 --> 03:42:14.250 But I just want to say I appreciate everyone involved and 03:42:14.250 --> 03:42:18.000 thank you for coming and continually participating in this. 03:42:18.000 --> 03:42:22.000 This reverse setback issue is quite a difficult issue. 03:42:22.000 --> 03:42:25.280 We have found ourselves unable to regulate the industry the 03:42:25.280 --> 03:42:28.000 way we want to be able to regulate it as cities. 03:42:28.000 --> 03:42:33.379 The state made sure of that during their legislative 03:42:33.379 --> 03:42:34.000 session. 03:42:34.000 --> 03:42:37.860 And it becomes difficult to say because we can't regulate 03:42:37.860 --> 03:42:40.459 this industry, all of a sudden we're going to put the 03:42:40.459 --> 03:42:44.000 burden of that onto a completely different and unrelated 03:42:44.000 --> 03:42:45.000 industry, 03:42:45.000 --> 03:42:47.250 which would be the surface owners and property owners in 03:42:47.250 --> 03:42:48.000 the community. 03:42:48.000 --> 03:42:54.149 That's a philosophically that is a very difficult, strange 03:42:54.149 --> 03:42:57.000 dilemma to be in as a city. 03:42:57.000 --> 03:42:58.000 And so I just put that out there. 03:42:58.000 --> 03:43:00.899 We understand that's a difficult issue and that's why we're 03:43:00.899 --> 03:43:03.579 all struggling with it on this question because it's been 03:43:03.579 --> 03:43:09.340 raised as to the fire marshals comfort level with the 03:43:09.340 --> 03:43:13.000 current ordinance as proposed. 03:43:13.000 --> 03:43:17.290 Given this discussion about the 300 foot zone by which they 03:43:17.290 --> 03:43:20.840 feel comfortable reacting to issues, particularly as it 03:43:20.840 --> 03:43:23.000 relates to the Department of Transportation's 03:43:23.000 --> 03:43:30.000 recommendations on certain types of chemical spills. 03:43:30.000 --> 03:43:32.000 So I just want to clarify on that issue. 03:43:32.000 --> 03:43:35.489 While we do have a proposed and I guess this is for Darren, 03:43:35.489 --> 03:43:38.909 maybe legal can jump in. I just want to clarify this and 03:43:38.909 --> 03:43:42.340 clarify the comfort level of our fire chief and fire mars 03:43:42.340 --> 03:43:45.000 hal on this because it's been raised. 03:43:45.000 --> 03:43:50.729 While we do have a 250 foot reverse setback in all the 03:43:50.729 --> 03:43:55.280 categories, we have this effective 300 foot setback based 03:43:55.280 --> 03:43:58.530 on where we're making measurements to in order to create a 03:43:58.530 --> 03:44:01.000 buffer zone from combustible sources within a pad 03:44:01.000 --> 03:44:05.239 site to the edge of a property in order to achieve that 300 03:44:05.239 --> 03:44:08.000 foot buffer that's been talked about. 03:44:08.000 --> 03:44:13.000 And we talked about that earlier on in the evening. 03:44:13.000 --> 03:44:17.190 Can somebody clarify maybe the fire chiefs here that the 03:44:17.190 --> 03:44:21.040 fire chief, the fire marshal is comfortable with the 03:44:21.040 --> 03:44:25.510 ordinance as written with that new 300 foot effective 03:44:25.510 --> 03:44:28.000 reverse setback provision. 03:44:28.000 --> 03:44:33.120 That's correct. While a lot of the material that's 03:44:33.120 --> 03:44:38.579 distributed lists the 250 foot distance, what we've crafted 03:44:38.579 --> 03:44:43.729 into this ordinance and this particular final draft is an 03:44:43.729 --> 03:44:50.000 effective 300 feet that achieves our safety goal of 300 03:44:50.000 --> 03:44:52.000 feet as the minimum even on setback. 03:44:52.000 --> 03:44:57.850 So basically there are options that are available to reach 03:44:57.850 --> 03:45:03.350 that and depending upon where they measure from and it 03:45:03.350 --> 03:45:08.389 would include putting combustibles and stored product 03:45:08.389 --> 03:45:12.000 further to the center of the pad to create part of that 03:45:12.000 --> 03:45:18.000 distance or it can mean pushing the developed structure 03:45:18.000 --> 03:45:21.000 back further onto a lot that's encroaching onto this zone. 03:45:21.000 --> 03:45:27.000 But effectively, we achieve the 300 foot minimum goal. 03:45:27.000 --> 03:45:32.000 Thank you for clarifying. 03:45:32.000 --> 03:45:34.000 Are you done. 03:45:34.000 --> 03:45:40.000 Okay, the next person was Ms Briggs to make him up. Oh, yes 03:45:40.000 --> 03:45:41.000 . 03:45:41.000 --> 03:45:45.059 Mr Mayor pro tem if I if you would allow me to offer a 03:45:45.059 --> 03:45:49.409 little bit of a roadmap on the ordinance here I think I 03:45:49.409 --> 03:45:54.000 could facilitate the discussion just a little bit. 03:45:54.000 --> 03:45:58.000 And also for the purpose of the listening public. 03:45:58.000 --> 03:46:02.239 I think I can help you understand what we're what we're 03:46:02.239 --> 03:46:04.000 doing here tonight to. 03:46:04.000 --> 03:46:08.770 We do ask tonight that you act if you move forward and as 03:46:08.770 --> 03:46:13.879 you consider this on the substitute cover ordinance this 03:46:13.879 --> 03:46:18.680 cover ordinance really is the whereas clauses and the 03:46:18.680 --> 03:46:20.000 findings. 03:46:20.000 --> 03:46:23.149 It's not necessarily the substantive piece, but we do ask 03:46:23.149 --> 03:46:26.000 that you act on the substituted cover ordinance. 03:46:26.000 --> 03:46:32.129 And additionally, while we've been on the dais, Aaron Liao 03:46:32.129 --> 03:46:37.379 from my office has prepared and cleaned up these sections 03:46:37.379 --> 03:46:40.000 in the underlying ordinance. 03:46:40.000 --> 03:46:43.760 They are consistent with this addendum list that you saw 03:46:43.760 --> 03:46:47.680 earlier today and that members of the public have picked up 03:46:47.680 --> 03:46:50.000 outside the council chambers. 03:46:50.000 --> 03:46:54.409 So what we've done is a nice cleanup and we've got copies 03:46:54.409 --> 03:46:59.170 of all the substitute section sections that are referenced 03:46:59.170 --> 03:47:01.000 in this addendum. 03:47:01.000 --> 03:47:04.700 And so what you will do is you move forward depending on 03:47:04.700 --> 03:47:07.000 how you're going to vote on it. 03:47:07.000 --> 03:47:10.280 You would look at this as a package and substitute these 03:47:10.280 --> 03:47:13.739 sections in your for the sections that are actually in the 03:47:13.739 --> 03:47:15.000 book before you. 03:47:15.000 --> 03:47:19.190 So that help a little bit as far as is where you need to go 03:47:19.190 --> 03:47:22.000 with this. 03:47:22.000 --> 03:47:25.000 This brings. 03:47:25.000 --> 03:47:27.000 My motion. 03:47:27.000 --> 03:47:28.000 Yes. 03:47:28.000 --> 03:47:29.000 Okay. 03:47:29.000 --> 03:47:35.000 Well, I think that we were wanting to vote on this tonight. 03:47:35.000 --> 03:47:39.229 But my motion is that we postpone it until our mayor can be 03:47:39.229 --> 03:47:43.200 here because I believe that we need a full council for 03:47:43.200 --> 03:47:47.239 something this serious that's going to affect a lot of 03:47:47.239 --> 03:47:49.000 different people. 03:47:49.000 --> 03:47:50.000 Okay. 03:47:50.000 --> 03:47:53.829 There's a motion to postpone to an event certain, which is 03:47:53.829 --> 03:47:56.000 the appearance of the mayor. 03:47:56.000 --> 03:47:59.000 Is there a second. 03:47:59.000 --> 03:48:02.000 Is there a second. 03:48:02.000 --> 03:48:05.000 There is no second. So that motion fails. 03:48:05.000 --> 03:48:07.000 Mr. Hawkins. 03:48:07.000 --> 03:48:08.000 Thank you, Mayor Pro Tem. 03:48:08.000 --> 03:48:10.489 Just I was going to kind of piggyback on what Kevin said 03:48:10.489 --> 03:48:12.000 about the reverse setback. 03:48:12.000 --> 03:48:16.340 I think that there are many surface owners out there who 03:48:16.340 --> 03:48:21.000 probably did vote for the man and just under House Bill 40. 03:48:21.000 --> 03:48:24.000 I don't necessarily think you all are against each other. 03:48:24.000 --> 03:48:27.489 But the struggle is for me at least is with the reverse set 03:48:27.489 --> 03:48:31.000 back, the notification process and just on record. 03:48:31.000 --> 03:48:35.709 You know, that 300 foot separation between combustible and 03:48:35.709 --> 03:48:37.000 protected use. 03:48:37.000 --> 03:48:41.319 And just if you can clarify, Darren, if they were to add a 03:48:41.319 --> 03:48:46.090 second storage tank or anything else after that 300 foot 03:48:46.090 --> 03:48:50.260 distance is measured, they would have to abide by that with 03:48:50.260 --> 03:48:52.000 additional equipment. 03:48:52.000 --> 03:48:53.000 Is that that's correct? 03:48:53.000 --> 03:48:54.000 That is correct. 03:48:54.000 --> 03:48:56.420 There's a new proposal that would apply not only to the 03:48:56.420 --> 03:48:59.120 development of the protected use, but also to the locating 03:48:59.120 --> 03:49:00.000 of equipment. 03:49:00.000 --> 03:49:03.219 So ultimately it's whatever is greater, whichever would be 03:49:03.219 --> 03:49:04.000 greater. 03:49:04.000 --> 03:49:05.000 Correct. Thank you, Darren. 03:49:05.000 --> 03:49:07.000 Okay. I'm going to go in order that we have. 03:49:07.000 --> 03:49:11.000 So Miss Wasney and then Miss Briggs. 03:49:11.000 --> 03:49:14.000 You know, this is a work in progress. 03:49:14.000 --> 03:49:17.000 It's never just poured in stone. 03:49:17.000 --> 03:49:19.000 We're learning. 03:49:19.000 --> 03:49:20.000 You're learning. 03:49:20.000 --> 03:49:24.190 And industry continues to change because their technology 03:49:24.190 --> 03:49:25.000 changes. 03:49:25.000 --> 03:49:27.000 So just wanted to put that on there. 03:49:27.000 --> 03:49:31.559 We've talked about a lot of good ideas tonight and I think 03:49:31.559 --> 03:49:36.590 we'll see things coming down over the course of years and 03:49:36.590 --> 03:49:40.969 years in terms of changes regarding the timing of trying to 03:49:40.969 --> 03:49:43.000 get something passed tonight. 03:49:43.000 --> 03:49:47.899 We touched on this at the beginning of this council meeting 03:49:47.899 --> 03:49:52.909 that in two weeks time, our moratorium expires and that we 03:49:52.909 --> 03:49:56.000 have to get an ordinance on the books. 03:49:56.000 --> 03:50:02.209 And so by midnight tonight, it fits within that two week 03:50:02.209 --> 03:50:04.000 time ticker. 03:50:04.000 --> 03:50:13.000 So that's why we are trying to get this done tonight. 03:50:13.000 --> 03:50:16.000 Thank you, Mr. Johnson. 03:50:16.000 --> 03:50:20.000 Thank you, Mayor Pro Tem. 03:50:20.000 --> 03:50:24.409 At the risk of saying things that have already been said, I 03:50:24.409 --> 03:50:28.819 've been in Dent for 22 years and I've sat out there a lot 03:50:28.819 --> 03:50:34.000 and I've never seen a topic or an issue that has received 03:50:34.000 --> 03:50:38.549 this much public testimony, this much passion by citizens, 03:50:38.549 --> 03:50:41.000 this much engagement by citizens. 03:50:41.000 --> 03:50:44.000 And so I want to applaud all of us for that. 03:50:44.000 --> 03:50:49.389 I don't think I've ever seen a council spend this much time 03:50:49.389 --> 03:50:54.000 on any one issue and it's a very difficult one. 03:50:54.000 --> 03:50:55.000 And sometimes we disagree. 03:50:55.000 --> 03:50:57.760 I think we would all agree we don't want drilling or fr 03:50:57.760 --> 03:50:59.000 acking in our city. 03:50:59.000 --> 03:51:03.000 Unfortunately, we can't control that. 03:51:03.000 --> 03:51:05.950 And we'll likely vote here in a minute, but I think it's 03:51:05.950 --> 03:51:10.180 just important to remember that when we're in these seats, 03:51:10.180 --> 03:51:12.629 you know, we have a responsibility to check our personal 03:51:12.629 --> 03:51:13.000 opinions. 03:51:13.000 --> 03:51:17.469 And personal goals and personal investments and whatever 03:51:17.469 --> 03:51:19.000 else at the door. 03:51:19.000 --> 03:51:22.180 And we have to we have to make our decisions based on all 03:51:22.180 --> 03:51:24.000 of the citizens of Denton. 03:51:24.000 --> 03:51:27.409 And, you know, the there's been a lot of talk about the 03:51:27.409 --> 03:51:30.000 band tonight, which rightfully so. 03:51:30.000 --> 03:51:32.430 There's a ton of people that worked hard and the band 03:51:32.430 --> 03:51:33.000 passed. 03:51:33.000 --> 03:51:37.020 The fact is, 12 percent of the people in the city voted for 03:51:37.020 --> 03:51:38.000 that band. 03:51:38.000 --> 03:51:40.709 Eighty eight percent of the people either voted against or 03:51:40.709 --> 03:51:43.000 didn't vote will shame on them for not voting. 03:51:43.000 --> 03:51:46.000 But it passed and it was a good thing. 03:51:46.000 --> 03:51:48.000 And then it went away. 03:51:48.000 --> 03:51:51.680 So we have to deal here with the playing field that we have 03:51:51.680 --> 03:51:52.000 . 03:51:52.000 --> 03:51:56.190 And we have to think about everybody who's a citizen of the 03:51:56.190 --> 03:51:59.000 city, not just those who are here. 03:51:59.000 --> 03:52:01.520 Just like many of you don't live anywhere near a gas well 03:52:01.520 --> 03:52:02.000 site. 03:52:02.000 --> 03:52:05.469 You're here to fight on behalf of somebody that's maybe not 03:52:05.469 --> 03:52:08.000 informed or doesn't care or whatever. 03:52:08.000 --> 03:52:13.000 So we're in the same position here. 03:52:13.000 --> 03:52:18.459 But all I want to say before before we vote is that 03:52:18.459 --> 03:52:24.340 somewhere somehow we lost the the the idea of civil 03:52:24.340 --> 03:52:25.000 disagreement. 03:52:25.000 --> 03:52:29.409 You know, we've been called weak cowards, rollover like 03:52:29.409 --> 03:52:31.000 dogs, accused of taking bribes, 03:52:31.000 --> 03:52:35.000 accused of being gutless if we didn't go get arrested, 03:52:35.000 --> 03:52:39.000 received rude profane laden emails. 03:52:39.000 --> 03:52:40.000 Now we're going to wreck us. 03:52:40.000 --> 03:52:42.000 We're accused of reckless endangerment. 03:52:42.000 --> 03:52:45.000 I mean, these are these are things that aren't civil. 03:52:45.000 --> 03:52:48.139 And so I guess what I would request is to think about, you 03:52:48.139 --> 03:52:50.280 know, those are tactics that don't make people want to 03:52:50.280 --> 03:52:51.000 listen to you. 03:52:51.000 --> 03:52:54.000 Those are tactics that make people want to ignore you. 03:52:54.000 --> 03:52:58.000 And and I would I would just hope that regardless. 03:52:58.000 --> 03:53:01.000 No, that's no. 03:53:01.000 --> 03:53:07.559 I would hope that that all of us can learn and learn from 03:53:07.559 --> 03:53:12.340 each other in a very civil way as we go forward, regardless 03:53:12.340 --> 03:53:15.000 of how this vote ends up. 03:53:15.000 --> 03:53:18.000 Thank you. 03:53:18.000 --> 03:53:19.000 Thank you. 03:53:19.000 --> 03:53:23.870 The next person up is Mr. Rodin, who is made wants to make 03:53:23.870 --> 03:53:25.000 a motion. 03:53:25.000 --> 03:53:26.000 Thank you, Mayor Pro Tem. 03:53:26.000 --> 03:53:31.989 I'd like to make a motion to approve individual item for 03:53:31.989 --> 03:53:34.000 individual consideration. 03:53:34.000 --> 03:53:41.350 Item five B as contained in the substitution and supplement 03:53:41.350 --> 03:53:46.000 ary packets that we have in front of us. 03:53:46.000 --> 03:53:49.000 And with the substituted cover ordinance as well. 03:53:49.000 --> 03:53:50.000 Absolutely. 03:53:50.000 --> 03:53:53.729 And with the substituted cover ordinance, you know, except 03:53:53.729 --> 03:53:57.469 for the 200 foot reduction, as I mentioned at the outset 03:53:57.469 --> 03:54:00.500 and the questions back and forth with Darren, I think we 03:54:00.500 --> 03:54:04.000 have in most cases the exact ordinance we had in 2013. 03:54:04.000 --> 03:54:07.000 And in many cases, a much better ordinance. 03:54:07.000 --> 03:54:09.350 Considering the context we're in, I think this is a good 03:54:09.350 --> 03:54:10.000 place to be. 03:54:10.000 --> 03:54:14.000 So I'm going to support this. 03:54:14.000 --> 03:54:17.719 We'll hear the second and then we'll have discussion 03:54:17.719 --> 03:54:20.000 starting with Ms. Briggs. But the second Mr. Johnson. 03:54:20.000 --> 03:54:21.000 Second the motion. 03:54:21.000 --> 03:54:24.000 Thank you, Ms. Briggs. 03:54:24.000 --> 03:54:27.950 I would like to make an amendment. Is that when I do this 03:54:27.950 --> 03:54:29.000 now or can I. 03:54:29.000 --> 03:54:30.000 Now is the time. 03:54:30.000 --> 03:54:31.000 Okay. 03:54:31.000 --> 03:54:35.049 Well, I have I have several but I want to start with the 03:54:35.049 --> 03:54:39.549 notification because I think that putting a minimum on that 03:54:39.549 --> 03:54:42.000 of 20 days is is not good. 03:54:42.000 --> 03:54:45.000 So and then two days minimum is not good. 03:54:45.000 --> 03:54:50.000 So I would like to go from 30 to 10 days. 03:54:50.000 --> 03:54:53.000 And then if you want to go before 30, that's fine. 03:54:53.000 --> 03:54:57.260 We shouldn't restrict any industry who wants to let 03:54:57.260 --> 03:54:59.000 homeowners know. 03:54:59.000 --> 03:55:03.030 So instead of the two day minimum, at least a 10 day and 03:55:03.030 --> 03:55:07.000 you know, industry can do it earlier or later as that. 03:55:07.000 --> 03:55:11.260 But two weeks, I think, is is a good is a good amount of 03:55:11.260 --> 03:55:12.000 time. 03:55:12.000 --> 03:55:15.719 If I could suggest that if you're going to make several 03:55:15.719 --> 03:55:20.000 amendments, it might be easier to take them one at a time. 03:55:20.000 --> 03:55:21.000 Okay. We could deal with them. 03:55:21.000 --> 03:55:24.530 So your first amendment is to amend the ordinance regarding 03:55:24.530 --> 03:55:26.000 notification times. 03:55:26.000 --> 03:55:27.000 What is the maximum? 03:55:27.000 --> 03:55:30.069 What is the minimum that you're recommending for an 03:55:30.069 --> 03:55:31.000 amendment? 03:55:31.000 --> 03:55:36.120 Well, instead of 20 to 2, my recommendation would be 30 to 03:55:36.120 --> 03:55:37.000 10. 03:55:37.000 --> 03:55:41.600 Okay. So there's a motion to amend the ordinance for 03:55:41.600 --> 03:55:47.219 notification from 20 days down to two days to 30 days to 10 03:55:47.219 --> 03:55:48.000 days. 03:55:48.000 --> 03:55:50.000 Do I have the motion correct? 03:55:50.000 --> 03:55:58.000 Is there a second to that motion? 03:55:58.000 --> 03:56:00.000 Mr. Johnson, I would second that. 03:56:00.000 --> 03:56:01.000 There's a second to the motion. 03:56:01.000 --> 03:56:03.000 Is there any discussion on that motion? 03:56:03.000 --> 03:56:06.200 Well, I wanted just a little clarification of what that 03:56:06.200 --> 03:56:11.000 exactly meant before I was going to second it to you. 03:56:11.000 --> 03:56:15.000 Mr. Groth, what do you think it means? 03:56:15.000 --> 03:56:18.409 What I think it means is at least with the 30 days, one of 03:56:18.409 --> 03:56:22.000 the requirements is that this is for every stage. 03:56:22.000 --> 03:56:24.770 We are saying that if you are doing any maintenance 03:56:24.770 --> 03:56:28.000 activities that you're going to give at least 10 days 03:56:28.000 --> 03:56:28.000 notice, 03:56:28.000 --> 03:56:32.000 I don't see the practicality to that. 03:56:32.000 --> 03:56:35.000 A lot of these things happen much sooner than that. 03:56:35.000 --> 03:56:39.299 I'm just wanting to make sure that you understand or that 03:56:39.299 --> 03:56:42.469 we understand what we're saying here, that this is a 03:56:42.469 --> 03:56:46.000 notification to owners and to -- 03:56:46.000 --> 03:56:49.920 This is a change to notifying the city and notifying 03:56:49.920 --> 03:56:55.170 homeowners or dwellings from 20 to 2 days up to 30 to 10 03:56:55.170 --> 03:56:56.000 days. 03:56:56.000 --> 03:56:59.569 Okay. So that's what you understand. Does that help you, Mr 03:56:59.569 --> 03:57:00.000 . Hawkins? 03:57:00.000 --> 03:57:03.579 So if somebody is working on a piece of equipment on a well 03:57:03.579 --> 03:57:06.000 site, is that what you just said? 03:57:06.000 --> 03:57:10.000 There's a list of activities that would be effective. 03:57:10.000 --> 03:57:11.000 Is that one of them? 03:57:11.000 --> 03:57:12.000 That is one of them. 03:57:12.000 --> 03:57:15.000 So this is just change -- it's not saying that they have -- 03:57:15.000 --> 03:57:17.000 this is the notice that's already there. 03:57:17.000 --> 03:57:19.000 It's just changing the days. 03:57:19.000 --> 03:57:20.000 Yes. 03:57:20.000 --> 03:57:23.000 Okay. Does that help? 03:57:23.000 --> 03:57:24.000 Yeah. 03:57:24.000 --> 03:57:28.000 Okay. Let's see, Mr. Johnson. 03:57:28.000 --> 03:57:33.000 Okay. So I'm going to ask for more clarification then 03:57:33.000 --> 03:57:38.389 because I thought that that notice was specific to what we 03:57:38.389 --> 03:57:42.000 had defined in there as those major activities, 03:57:42.000 --> 03:57:46.190 reworking, fracking, drilling a new well, redrilling, not 03:57:46.190 --> 03:57:49.000 maintenance and those sort of things. 03:57:49.000 --> 03:57:51.000 And Mr. Leal. 03:57:51.000 --> 03:57:53.000 Thank you, Mayor Pro Tem. 03:57:53.000 --> 03:57:55.250 I just wanted to clarify that the section you're 03:57:55.250 --> 03:58:02.479 referencing, Council Member Briggs, is 35-22-7, C, subparag 03:58:02.479 --> 03:58:04.000 raphs 1 and 2. 03:58:04.000 --> 03:58:07.000 Is that correct, ma'am, for the notification? 03:58:07.000 --> 03:58:14.000 That way we know exactly what you're referring to. 03:58:14.000 --> 03:58:23.000 It's 35.22.7.C, subsections 1 and 2. 03:58:23.000 --> 03:58:30.000 That's where the 20 and 2 days is referenced. 03:58:30.000 --> 03:58:33.000 So if I can help with that. 03:58:33.000 --> 03:58:38.000 So as I'm reading, it says this is about notification. 03:58:38.000 --> 03:58:40.250 Any operator who intends to perform the following 03:58:40.250 --> 03:58:41.000 activities. 03:58:41.000 --> 03:58:43.000 Number one, drill a well. 03:58:43.000 --> 03:58:45.000 Number two, work over operation. 03:58:45.000 --> 03:58:49.000 Three, perform completion or re-completion operations. 03:58:49.000 --> 03:58:51.000 Four, plug or abandon a well. 03:58:51.000 --> 03:58:55.190 Five, perform any other maintenance activity that involves 03:58:55.190 --> 03:58:59.000 the removal of the wellhead at a drilling production site. 03:58:59.000 --> 03:59:02.000 Or six, conduct seismic activity. 03:59:02.000 --> 03:59:05.000 So that's the list that we're talking about. 03:59:05.000 --> 03:59:06.000 Okay. 03:59:06.000 --> 03:59:07.000 Well, that's not the one. 03:59:07.000 --> 03:59:10.809 I was speaking about the major things that Johnson about fr 03:59:10.809 --> 03:59:13.000 acking and then re-fracking. 03:59:13.000 --> 03:59:16.069 Well, that's drilling a well, work over, performing 03:59:16.069 --> 03:59:17.000 completion. 03:59:17.000 --> 03:59:19.000 I think that's the one that you're -- 03:59:19.000 --> 03:59:20.000 Drilling activities, yes. 03:59:20.000 --> 03:59:21.000 Drilling activities. 03:59:21.000 --> 03:59:23.000 Fracking is part of the completion process. 03:59:23.000 --> 03:59:24.000 Okay, then yes. 03:59:24.000 --> 03:59:25.000 Fracking is included. 03:59:25.000 --> 03:59:28.000 Does that help clarify for you? 03:59:28.000 --> 03:59:30.000 Yeah, I'm going to withdraw my second. 03:59:30.000 --> 03:59:31.000 Okay. 03:59:31.000 --> 03:59:33.000 So is there a second? 03:59:33.000 --> 03:59:41.000 Is anybody else interested in seconding that? 03:59:41.000 --> 03:59:43.000 There's no interest in seconding? 03:59:43.000 --> 03:59:44.000 Okay. 03:59:44.000 --> 03:59:45.000 Mr. Rhoade? 03:59:45.000 --> 03:59:49.190 Well, I don't know if I'm interested in seconding because I 03:59:49.190 --> 03:59:53.000 see 20 days several places in this subchapter. 03:59:53.000 --> 03:59:55.899 I'm just going to ask for the sake of -- amendments are 03:59:55.899 --> 03:59:58.790 pretty serious as we're adding things, and there might be a 03:59:58.790 --> 04:00:00.000 good reason to have one. 04:00:00.000 --> 04:00:03.420 I think we're going to have to cite the specific section 04:00:03.420 --> 04:00:07.069 that wants to be amended and offer some specific language 04:00:07.069 --> 04:00:10.000 or else I'm afraid we're going to be writing an ordinance 04:00:10.000 --> 04:00:12.000 on the fly here and having some unintended consequences. 04:00:12.000 --> 04:00:15.469 So my recommendation as we have amendments coming that we 04:00:15.469 --> 04:00:19.000 cite where that is so that we all know what we're doing. 04:00:19.000 --> 04:00:21.450 But in this case, I'm still unclear as to what we're am 04:00:21.450 --> 04:00:22.000 ending. 04:00:22.000 --> 04:00:29.680 Well, as I understand it, we're talking about a motion to 04:00:29.680 --> 04:00:40.440 amend section 35.22.7 paragraph B -- excuse me, paragraph C 04:00:40.440 --> 04:00:42.000 , section 1. 04:00:42.000 --> 04:00:46.000 And it's on page 2 as you're looking at that. 04:00:46.000 --> 04:00:49.000 Actually, it's included in sections 1 and 2. 04:00:49.000 --> 04:00:52.000 All right. 04:00:52.000 --> 04:00:54.420 We want to make sure that we know what we're doing as we're 04:00:54.420 --> 04:00:55.000 doing it. 04:00:55.000 --> 04:01:00.000 Does that help, Mr. Rogan? 04:01:00.000 --> 04:01:02.000 It helps identify the area at this point. 04:01:02.000 --> 04:01:03.000 Yeah, thank you. 04:01:03.000 --> 04:01:04.000 All right. 04:01:04.000 --> 04:01:06.000 Ms. Briggs? 04:01:06.000 --> 04:01:09.000 This is my first time to do this process. 04:01:09.000 --> 04:01:12.000 So, you know, sorry. 04:01:12.000 --> 04:01:16.840 What I'm trying to say is that I think that homeowners need 04:01:16.840 --> 04:01:22.000 two -- more than two days before someone comes in to frack 04:01:22.000 --> 04:01:23.000 or refrack a well. 04:01:23.000 --> 04:01:26.770 I don't know right now the number, but that is what my 04:01:26.770 --> 04:01:31.000 intention was and I will find it for the next amendment. 04:01:31.000 --> 04:01:34.000 That's what I was trying to point out. 04:01:34.000 --> 04:01:35.000 Okay. 04:01:35.000 --> 04:01:37.000 Mr. Hawkins? 04:01:37.000 --> 04:01:40.000 I think that almost would have worked here for C. 04:01:40.000 --> 04:01:43.000 My only hesitation was perform any other maintenance. 04:01:43.000 --> 04:01:47.190 If there was a piece of equipment that was not working 04:01:47.190 --> 04:01:52.000 properly at a gas well site, I want them to fix it quickly. 04:01:52.000 --> 04:01:55.000 So that's why I agree with what you're saying. 04:01:55.000 --> 04:01:58.389 If we could even get legal or somebody to help her find 04:01:58.389 --> 04:01:59.000 that. 04:01:59.000 --> 04:02:01.209 If you'd read that whole sentence, it says perform any 04:02:01.209 --> 04:02:05.170 other maintenance activities that involve removal of the 04:02:05.170 --> 04:02:08.000 well head at a drilling or production site. 04:02:08.000 --> 04:02:10.000 So it's not any maintenance. 04:02:10.000 --> 04:02:11.000 Okay. 04:02:11.000 --> 04:02:15.329 It's maintenance specific to removing a drill head, a well 04:02:15.329 --> 04:02:16.000 head. 04:02:16.000 --> 04:02:17.000 Thank you, Mayor Pro Tem. 04:02:17.000 --> 04:02:20.000 Okay. 04:02:20.000 --> 04:02:23.000 So -- yes, sir? 04:02:23.000 --> 04:02:24.000 Okay. 04:02:24.000 --> 04:02:26.639 So that's why I withdrew my second was because my 04:02:26.639 --> 04:02:30.000 understanding was that that's where I was going with it. 04:02:30.000 --> 04:02:32.440 If something's wrong and they need to go do maintenance 04:02:32.440 --> 04:02:34.979 because they've got a problem, I don't want them to have to 04:02:34.979 --> 04:02:36.600 give us 10 days notice and use that as an excuse to not go 04:02:36.600 --> 04:02:37.000 do the repair. 04:02:37.000 --> 04:02:42.309 So that's why I'm trying to -- I'm a little stuck because I 04:02:42.309 --> 04:02:44.979 don't think it's good to say here's two days notice and we 04:02:44.979 --> 04:02:46.000 're starting. 04:02:46.000 --> 04:02:50.059 But I also don't want an unintended consequence of what we 04:02:50.059 --> 04:02:53.790 're thinking of give these people more notice that it 04:02:53.790 --> 04:02:56.000 actually works against us. 04:02:56.000 --> 04:02:57.000 So it was. 04:02:57.000 --> 04:02:59.000 Ms. Wiesman? 04:02:59.000 --> 04:03:02.750 Yeah, gosh, I'm just worried about the unintended 04:03:02.750 --> 04:03:04.000 consequence. 04:03:04.000 --> 04:03:08.729 I know that we have spent days, weeks, and there have been 04:03:08.729 --> 04:03:15.000 so many people pouring through every single word, comma. 04:03:15.000 --> 04:03:20.790 We have studied every paragraph, subparagraph, subparagraph 04:03:20.790 --> 04:03:25.620 s of subparagraphs to try to get this right because this 04:03:25.620 --> 04:03:28.000 becomes a law on the books. 04:03:28.000 --> 04:03:33.469 And until we have time to really study as we have all of 04:03:33.469 --> 04:03:38.450 these different pieces and parts and I come back to this is 04:03:38.450 --> 04:03:41.000 a work in progress. 04:03:41.000 --> 04:03:47.600 So that, you know, I hear good things that have come out of 04:03:47.600 --> 04:03:49.000 tonight. 04:03:49.000 --> 04:03:54.139 We knee jerk and try to throw something into an ordinance 04:03:54.139 --> 04:03:59.149 that we really haven't studied to understand all of the 04:03:59.149 --> 04:04:03.940 impacts at every level just like we have been pouring 04:04:03.940 --> 04:04:07.000 through every single line of this ordinance. 04:04:07.000 --> 04:04:09.000 So that's my concern. 04:04:09.000 --> 04:04:10.000 All right. 04:04:10.000 --> 04:04:21.000 My own comment about that. 04:04:21.000 --> 04:04:25.579 I guarantee you, I completely understand your concern about 04:04:25.579 --> 04:04:29.000 the unintended consequences and doing this on the fly. 04:04:29.000 --> 04:04:34.489 But I will tell you, I predict that even these things that 04:04:34.489 --> 04:04:40.079 have been gone over several times within three months, we 04:04:40.079 --> 04:04:42.000 're going to be having to go back and correct some things 04:04:42.000 --> 04:04:46.290 because we're going to discover some wordsmithing that says 04:04:46.290 --> 04:04:49.000 something that we didn't really intend. 04:04:49.000 --> 04:04:53.000 So I understand what you're saying, but we'll do it anyway. 04:04:53.000 --> 04:04:59.799 Now, I don't see any second. So to the to the motion for 04:04:59.799 --> 04:05:03.000 changing the notification date. Oh, excuse me, Mr. 04:05:03.000 --> 04:05:05.520 Thank you. Now that I've had sufficient time to work 04:05:05.520 --> 04:05:08.579 through the ordinance in question, I am comfortable if I 04:05:08.579 --> 04:05:13.629 understand it would be raising the 20 to 30 and raising the 04:05:13.629 --> 04:05:15.000 two to 10. 04:05:15.000 --> 04:05:16.000 Yes. Yeah. 04:05:16.000 --> 04:05:19.600 And just a comment on that, because we wouldn't want to go 04:05:19.600 --> 04:05:23.129 too much further out in terms of their ability to come and 04:05:23.129 --> 04:05:25.000 pre forecast something. 04:05:25.000 --> 04:05:27.399 Otherwise they can have one day a year they're giving 04:05:27.399 --> 04:05:30.190 notice that hey, I'm going to be doing something this year, 04:05:30.190 --> 04:05:32.649 which wouldn't have the intended result of what we're 04:05:32.649 --> 04:05:35.000 trying to do by giving some specific notice. 04:05:35.000 --> 04:05:38.180 But after working through that, I am comfortable with the 04:05:38.180 --> 04:05:40.000 second thing that amendment. 04:05:40.000 --> 04:05:42.899 So there's motion and a second to amend the days of 04:05:42.899 --> 04:05:44.000 notification. 04:05:44.000 --> 04:05:47.719 I just I just had a comment and maybe it puts these 04:05:47.719 --> 04:05:51.000 provisions in a little bit of context. 04:05:51.000 --> 04:05:54.959 A lot of these provisions as we reviewed Fort Worth's 04:05:54.959 --> 04:05:58.370 ordinance, we discovered that they had some notice 04:05:58.370 --> 04:06:02.850 provisions that we had not crafted into our earlier drafts 04:06:02.850 --> 04:06:06.000 in 2010 and 2013. 04:06:06.000 --> 04:06:08.659 And so we captured a lot of those provisions out of the 04:06:08.659 --> 04:06:10.000 Fort Worth ordinance. 04:06:10.000 --> 04:06:13.469 We then staffed all of these provisions that we've got 04:06:13.469 --> 04:06:16.000 certainly through the community. 04:06:16.000 --> 04:06:17.000 The communities looked at it. 04:06:17.000 --> 04:06:19.790 The planning and zoning commission has looked at it and the 04:06:19.790 --> 04:06:22.239 industry has looked at it and they actually had some 04:06:22.239 --> 04:06:23.000 comments. 04:06:23.000 --> 04:06:26.149 I don't have all that data in front of me, but I'm thinking 04:06:26.149 --> 04:06:30.069 the industry did have some comments and thoughts about 04:06:30.069 --> 04:06:32.000 these very specific time frames. 04:06:32.000 --> 04:06:34.000 We received some information from them. 04:06:34.000 --> 04:06:35.000 I'm sorry. 04:06:35.000 --> 04:06:37.659 I just cannot remember exactly what it was as I'm sitting 04:06:37.659 --> 04:06:40.379 here, but there was some concern about some of those time 04:06:40.379 --> 04:06:41.000 frames. 04:06:41.000 --> 04:06:44.420 So I raised that issue so that you're aware that that was a 04:06:44.420 --> 04:06:47.700 piece of the staffing that did occur as we work through 04:06:47.700 --> 04:06:49.000 this ordinance. 04:06:49.000 --> 04:06:53.000 And it was a particular to the specific time frames. 04:06:53.000 --> 04:06:54.000 Thank you very much. 04:06:54.000 --> 04:06:57.000 Is there any other comment? 04:06:57.000 --> 04:06:58.000 Yes, Mr. Roden. 04:06:58.000 --> 04:07:00.409 I guess on that point, there would be a question as to what 04:07:00.409 --> 04:07:01.000 exactly. 04:07:01.000 --> 04:07:04.920 So if I give, say I have a 10 day or two day, whatever it 04:07:04.920 --> 04:07:10.000 happens to be, do I have to be precisely on target? 04:07:10.000 --> 04:07:14.440 In other words, do I have to say this date 10 days from now 04:07:14.440 --> 04:07:18.690 or 12 days from now is the date I'm going to do a work over 04:07:18.690 --> 04:07:20.000 on that well? 04:07:20.000 --> 04:07:24.000 Or if I miss that date, am I required to re-notice? 04:07:24.000 --> 04:07:26.670 I mean, is there that amount of specificity in there or are 04:07:26.670 --> 04:07:30.000 they allowed to give notice and say sometime in the next 04:07:30.000 --> 04:07:30.000 two weeks, 04:07:30.000 --> 04:07:33.219 we're going to be jumping in there and doing this, that, or 04:07:33.219 --> 04:07:34.000 the other? 04:07:34.000 --> 04:07:36.459 Well, it would become an ordinance violation, which of 04:07:36.459 --> 04:07:39.379 course, you know, we would try to craft something that's 04:07:39.379 --> 04:07:44.360 reasonable so it doesn't put a difficult situation out 04:07:44.360 --> 04:07:45.000 there, 04:07:45.000 --> 04:07:48.280 either for citizens or for anyone else in the industry 04:07:48.280 --> 04:07:49.000 either. 04:07:49.000 --> 04:07:53.200 So that's why I indicate that we have worked with this 04:07:53.200 --> 04:07:55.000 pretty carefully. 04:07:55.000 --> 04:07:57.370 The Planning and Zoning Commission, we spent hours in 04:07:57.370 --> 04:07:59.000 meetings and meetings with them. 04:07:59.000 --> 04:08:02.239 They were very particular about some of these specific 04:08:02.239 --> 04:08:06.149 provisions and whether they were days or business days and 04:08:06.149 --> 04:08:08.000 the industry had some concerns as well. 04:08:08.000 --> 04:08:12.959 So I know Mr. Leal is indicating to me that he probably 04:08:12.959 --> 04:08:18.000 calls the specific provision, which unfortunately I don't. 04:08:18.000 --> 04:08:20.000 So perhaps he can enlighten us. 04:08:20.000 --> 04:08:22.000 Thank you, Madam City Attorney. 04:08:22.000 --> 04:08:26.409 I think the reason why we settled on that is to also allow 04:08:26.409 --> 04:08:31.559 the ability that when an operator contracts services from a 04:08:31.559 --> 04:08:32.000 third party, 04:08:32.000 --> 04:08:37.620 provide that sometimes delays occur and they can't get them 04:08:37.620 --> 04:08:38.000 . 04:08:38.000 --> 04:08:42.200 So if we keep pushing these notices farther out and they 04:08:42.200 --> 04:08:45.340 have to, they give the notice and a delay happens three 04:08:45.340 --> 04:08:46.000 days before, 04:08:46.000 --> 04:08:48.920 then they have to start all over again with the 04:08:48.920 --> 04:08:52.680 notification process and it delays their ability to get to 04:08:52.680 --> 04:08:54.000 do the activity. 04:08:54.000 --> 04:08:59.510 So the 20 to 2 days was more, would give them sufficient 04:08:59.510 --> 04:09:01.000 time and if there was a delay, 04:09:01.000 --> 04:09:05.459 the chances for delay would be minimized with a 20 and 2 04:09:05.459 --> 04:09:11.000 day window rather than 30 or 45 days and 10, 20 days. 04:09:11.000 --> 04:09:18.500 Wouldn't it be possible for the notice to say, because 04:09:18.500 --> 04:09:22.000 clearly there are, 04:09:22.000 --> 04:09:24.319 there could be factors of the subcontractor not being able 04:09:24.319 --> 04:09:26.000 to get there when they said they were. 04:09:26.000 --> 04:09:32.260 There could be issues with weather that delayed it by a day 04:09:32.260 --> 04:09:38.489 or two so that the notice might say within this window of 04:09:38.489 --> 04:09:39.000 time, 04:09:39.000 --> 04:09:43.340 we anticipate reworking the well possibly starting as early 04:09:43.340 --> 04:09:47.000 as this date but no later than starting on this date. 04:09:47.000 --> 04:09:51.479 And if it doesn't happen within that window of time that 04:09:51.479 --> 04:09:55.229 they provide the notice for, then yeah, they would have to 04:09:55.229 --> 04:09:56.000 re-kick it off. 04:09:56.000 --> 04:09:59.940 Wouldn't that be possible within the way this ordinance is 04:09:59.940 --> 04:10:03.000 crafted for a notice to come out like that? 04:10:03.000 --> 04:10:10.069 It's possible. I'm not going to, I try to, you know, I 04:10:10.069 --> 04:10:13.000 remember some of the concerns the industry had regarding 04:10:13.000 --> 04:10:15.000 that part of a notice. 04:10:15.000 --> 04:10:19.020 I know that they could answer that much better than I can 04:10:19.020 --> 04:10:22.000 but I do know that the ability, 04:10:22.000 --> 04:10:27.280 that having to re-notice it with, the probability increases 04:10:27.280 --> 04:10:32.000 whenever a delay occurs from a third party service. 04:10:32.000 --> 04:10:34.000 Okay. Mr. Rhoade? 04:10:34.000 --> 04:10:36.590 Yeah, I think again it hinges on what is, what are they 04:10:36.590 --> 04:10:39.629 saying in the notification and whether or not they have to 04:10:39.629 --> 04:10:41.000 pinpoint a precise date 04:10:41.000 --> 04:10:46.700 or whether or not they're able to window and it seems 04:10:46.700 --> 04:10:50.000 unclear in the ordinance. 04:10:50.000 --> 04:10:54.409 I think what we're attempting to do here is say we're stuck 04:10:54.409 --> 04:10:57.000 with this sort of industry in town 04:10:57.000 --> 04:11:02.430 and there's, to put, as someone put it, this is perhaps a 04:11:02.430 --> 04:11:08.000 small stone that we're haggling over so I remain in support 04:11:08.000 --> 04:11:11.459 and I think if there's such a need to come back and look at 04:11:11.459 --> 04:11:14.340 this I think we can do that another time but I think this 04:11:14.340 --> 04:11:15.000 is a reasonable request. 04:11:15.000 --> 04:11:17.000 All right, Ms. Briggs? 04:11:17.000 --> 04:11:18.000 I'm good. 04:11:18.000 --> 04:11:20.000 You have, you're asking to speak. 04:11:20.000 --> 04:11:21.000 Oh, sorry. 04:11:21.000 --> 04:11:25.190 Okay. Seeing no more comments, let's vote on the amendment 04:11:25.190 --> 04:11:29.000 to change the notification as made. 04:11:29.000 --> 04:11:39.000 Some motions made. 04:11:39.000 --> 04:11:42.000 It passes unanimously. 04:11:42.000 --> 04:11:45.000 Are there any other motions to amend? 04:11:45.000 --> 04:11:49.000 Ms. Briggs? 04:11:49.000 --> 04:11:53.790 No, I have a motion to add vapor recovery units as 04:11:53.790 --> 04:11:58.000 described in the Fort Worth ordinance. 04:11:58.000 --> 04:12:02.979 Can you cite the section in the ordinance that you want to 04:12:02.979 --> 04:12:04.000 change? 04:12:04.000 --> 04:12:07.000 Hold on, Kevin, don't get mad at me. 04:12:07.000 --> 04:12:09.000 I'm so bad in all this paper. 04:12:09.000 --> 04:12:11.000 It was in the Fort Worth ordinance. 04:12:11.000 --> 04:12:13.250 At this particular point it would be nice to have that, you 04:12:13.250 --> 04:12:15.000 know, when the TV goes out. 04:12:15.000 --> 04:12:19.719 Well, it's not in our current ordinance so I don't have a 04:12:19.719 --> 04:12:24.000 number to reference in our current ordinance. 04:12:24.000 --> 04:12:30.000 So it is in their ordinance. 04:12:30.000 --> 04:12:33.350 It says vapor recovery equipment shall be required for tank 04:12:33.350 --> 04:12:37.069 batteries that have an estimated rolling annual aggregate 04:12:37.069 --> 04:12:41.340 emissions rate of 25 tons or greater of total volatile 04:12:41.340 --> 04:12:44.000 organic hydrocarbons per year per wellhead. 04:12:44.000 --> 04:12:47.809 Vapor recovery equipment must be operated and maintained in 04:12:47.809 --> 04:12:51.680 such a way to ensure a 95% recovery efficiency between the 04:12:51.680 --> 04:12:55.000 internal and external atmospheres of the tanks. 04:12:55.000 --> 04:12:58.930 So your motion is to simply amend the ordinance to add that 04:12:58.930 --> 04:13:03.000 language and that the staff could place it appropriately. 04:13:03.000 --> 04:13:05.000 As the Fort Worth ordinance. 04:13:05.000 --> 04:13:07.000 Mr. Hawkins? 04:13:07.000 --> 04:13:09.000 I have a question for legal on this one. 04:13:09.000 --> 04:13:12.149 I know that this has come up a bunch of times during this 04:13:12.149 --> 04:13:14.000 drafting of the ordinance. 04:13:14.000 --> 04:13:19.000 Can you advise on this one, please? 04:13:19.000 --> 04:13:23.000 Well, with regard to the vapor recovery units, there are a 04:13:23.000 --> 04:13:25.000 couple of issues going on. 04:13:25.000 --> 04:13:28.909 I don't know, first of all, when Fort Worth added this 04:13:28.909 --> 04:13:30.000 provision. 04:13:30.000 --> 04:13:34.000 I suspicion it was absolutely certainly pre-HB40. 04:13:34.000 --> 04:13:39.969 I suspicion it may have been also pre the date that the 04:13:39.969 --> 04:13:46.170 federal government added the vapor recovery regulations to 04:13:46.170 --> 04:13:47.000 the law. 04:13:47.000 --> 04:13:52.000 And so I think there is some concern there. 04:13:52.000 --> 04:13:53.000 We've looked at this. 04:13:53.000 --> 04:13:55.000 We've looked at it repeatedly. 04:13:55.000 --> 04:13:59.409 I have serious concerns that this issue is in fact preempt 04:13:59.409 --> 04:14:03.409 ed and I'll be glad to discuss that with you further in 04:14:03.409 --> 04:14:05.000 closed session. 04:14:05.000 --> 04:14:06.000 Thank you. 04:14:06.000 --> 04:14:08.000 Is there more discussion? 04:14:08.000 --> 04:14:13.000 Is there a second? 04:14:13.000 --> 04:14:15.000 I see no discussion. 04:14:15.000 --> 04:14:17.000 I see no second. 04:14:17.000 --> 04:14:22.000 So that motion is dives. 04:14:22.000 --> 04:14:24.000 Is there another motion? 04:14:24.000 --> 04:14:27.000 Oh, Ms. Briggs. 04:14:27.000 --> 04:14:33.459 I have a motion to change all the reverse setbacks to 300 04:14:33.459 --> 04:14:34.000 feet. 04:14:34.000 --> 04:14:38.000 The reverse setbacks from 250 to 300 feet. 04:14:38.000 --> 04:14:42.409 Now, are you talking about all of the setbacks or the set 04:14:42.409 --> 04:14:49.000 backs for the for the residential zone? 04:14:49.000 --> 04:14:56.000 Residential and other districts all except for industrial. 04:14:56.000 --> 04:15:00.319 Okay, we we need to make sure that we are clear on that and 04:15:00.319 --> 04:15:03.000 where that is in the ordinance. 04:15:03.000 --> 04:15:21.000 It is thirty five point five point ten point two B. 04:15:21.000 --> 04:15:28.069 But when you get there, one, two and three, there's 04:15:28.069 --> 04:15:30.000 paragraph one. 04:15:30.000 --> 04:15:33.000 New drilling. Yes, sir. 04:15:33.000 --> 04:15:39.000 So paragraph one item C. 04:15:39.000 --> 04:15:42.000 Where the reverse setback would not be 250 but 300. 04:15:42.000 --> 04:15:44.000 Yes. Okay. 04:15:44.000 --> 04:15:48.000 Do you see any on the next pages where you would change it? 04:15:48.000 --> 04:15:52.000 See number. 04:15:52.000 --> 04:15:54.000 Well, look at you. 04:15:54.000 --> 04:15:56.000 No. Yeah, that would be it. 04:15:56.000 --> 04:15:57.000 That's it. Yes. 04:15:57.000 --> 04:16:04.469 Okay. There's a motion for changing that setback to 300 04:16:04.469 --> 04:16:05.000 feet. 04:16:05.000 --> 04:16:07.000 Mr. Hawkins. Thank you, Mayor Pro Tem. 04:16:07.000 --> 04:16:10.379 I know that 50 feet does not sound like a lot, but is 04:16:10.379 --> 04:16:15.000 anybody in the room have the data what 50 feet does to the 04:16:15.000 --> 04:16:18.000 acreage used? 04:16:18.000 --> 04:16:24.719 I mean, rendered useless there or not useless, but unde 04:16:24.719 --> 04:16:26.000 velopable. 04:16:26.000 --> 04:16:28.000 Just in general. 04:16:28.000 --> 04:16:30.000 It appears we don't have that. 04:16:30.000 --> 04:16:34.000 Do you have any other questions? No. 04:16:34.000 --> 04:16:39.000 Is there a second to the motion? 04:16:39.000 --> 04:16:41.000 Mr. Road. 04:16:41.000 --> 04:16:45.319 I just want to verbalizing in in this discussion of the 300 04:16:45.319 --> 04:16:49.510 foot effective setback when this topic came up and it came 04:16:49.510 --> 04:16:51.969 up in a few different settings that the council discussions 04:16:51.969 --> 04:16:52.000 . 04:16:52.000 --> 04:16:56.459 In the last couple weeks of the need to want to meet this 04:16:56.459 --> 04:16:59.000 300 foot buffer. 04:16:59.000 --> 04:17:02.379 And so there is much work to be done to try and figure out 04:17:02.379 --> 04:17:05.690 how to do that in a way that got the fire marshal the fire 04:17:05.690 --> 04:17:08.000 chief to where they needed to be. 04:17:08.000 --> 04:17:11.639 But in the same time to be able to maintain the 250 foot 04:17:11.639 --> 04:17:13.000 general setback. 04:17:13.000 --> 04:17:17.469 So I think given that our fire chief confirmed tonight that 04:17:17.469 --> 04:17:21.829 he and his department were comfortable that this setback 04:17:21.829 --> 04:17:25.309 gave them what they needed to me that met the need that we 04:17:25.309 --> 04:17:28.000 're all going for with that magical 300 numbers. 04:17:28.000 --> 04:17:31.000 So I'm fine with the ordinance as it stands. 04:17:31.000 --> 04:17:35.500 Is Briggs. Well going from what Mr. So said with the blow 04:17:35.500 --> 04:17:39.819 out in the the old fire chief saying that 330 and I do 04:17:39.819 --> 04:17:43.000 understand that that's a recommended. 04:17:43.000 --> 04:17:47.829 But if we're going with the 250 and then the little bit 04:17:47.829 --> 04:17:51.000 that we can get with the line to line. 04:17:51.000 --> 04:17:54.850 I feel like if we do the 300 the three the 30 extra feet 04:17:54.850 --> 04:17:58.219 for safety there is included in that extra that you guys 04:17:58.219 --> 04:18:02.000 were talking about from where the equipment is located. 04:18:02.000 --> 04:18:05.870 So for me that that makes me feel safer and a little bit 04:18:05.870 --> 04:18:10.000 more willing to relax a little bit about the safety. 04:18:10.000 --> 04:18:15.579 I mean it's not awesome but I feel like it's a it's a good 04:18:15.579 --> 04:18:22.700 balance for that 330 distance that I heard earlier. That's 04:18:22.700 --> 04:18:24.000 why I did that. 04:18:24.000 --> 04:18:28.000 I'm seeing no one else wishing to speak. 04:18:28.000 --> 04:18:33.709 Our rules say that the chair is unable to make motions or 04:18:33.709 --> 04:18:36.000 to second motions. 04:18:36.000 --> 04:18:40.409 If I were sitting in my usual chair I would second but it's 04:18:40.409 --> 04:18:44.620 clear that when the vote happened it would be a vote that 04:18:44.620 --> 04:18:46.000 did not pass. 04:18:46.000 --> 04:18:48.989 So I regret that I'm not able to at least second so we 04:18:48.989 --> 04:18:52.000 could have the vote but I'm not able to do that. 04:18:52.000 --> 04:18:56.510 But but I don't think that would have made any difference 04:18:56.510 --> 04:18:59.000 because of the what we have. 04:18:59.000 --> 04:19:04.120 Mr. Hawkins would you like me to make a motion to suspend 04:19:04.120 --> 04:19:07.000 the rules or I can't ask that. 04:19:07.000 --> 04:19:11.840 Yes ma'am let me clarify that point just a touch if you 04:19:11.840 --> 04:19:15.000 would bear with me for a second. 04:19:15.000 --> 04:19:18.120 We have worked pretty extensively with the fire department 04:19:18.120 --> 04:19:22.069 the fire chief and the fire marshal and we please remember 04:19:22.069 --> 04:19:27.000 we did drop this additional provision in a 35 5 10 2 04:19:27.000 --> 04:19:28.000 section F. 04:19:28.000 --> 04:19:34.149 And that provision would require a meeting of the 250 foot 04:19:34.149 --> 04:19:39.350 setback as measured pursuant to that section that council 04:19:39.350 --> 04:19:42.000 member Briggs referenced. 04:19:42.000 --> 04:19:47.100 Or the greater 300 foot setback as specified from a 04:19:47.100 --> 04:19:51.760 measuring point in that other section which is in that 04:19:51.760 --> 04:19:53.000 section F. 04:19:53.000 --> 04:19:57.190 So we've really overlaid that requirement of the 300 foot 04:19:57.190 --> 04:20:01.239 setback on top of the 250 foot setback requiring that the 04:20:01.239 --> 04:20:03.000 larger setback be met. 04:20:03.000 --> 04:20:08.000 So we've tried to address it in any circumstance. 04:20:08.000 --> 04:20:10.899 Just if I could still have the mic just moving forward if 04:20:10.899 --> 04:20:13.860 council's pleasure if we could suspend the rules on you 04:20:13.860 --> 04:20:16.639 being able to second or anything in the absence of our 04:20:16.639 --> 04:20:20.000 mayor I would be okay with that tonight. 04:20:20.000 --> 04:20:24.530 But I'm just throwing that out there. I don't know how that 04:20:24.530 --> 04:20:25.000 works. 04:20:25.000 --> 04:20:28.000 So it's a motion to suspend. 04:20:28.000 --> 04:20:32.299 So, all right. Well, I'm going to say that that that at 04:20:32.299 --> 04:20:35.000 this time this motion fails. 04:20:35.000 --> 04:20:39.000 Is there a motion. Is there another motion then. 04:20:39.000 --> 04:20:43.190 Yes, Mr. Hawkins like to make a motion to spend the rules 04:20:43.190 --> 04:20:44.000 tonight. 04:20:44.000 --> 04:20:50.600 So that the mayor pro tem may participate in. How am I 04:20:50.600 --> 04:20:55.340 saying this second in making motions making motions or 04:20:55.340 --> 04:20:58.000 seconding okay second to that. 04:20:58.000 --> 04:21:04.000 There's a second by Miss Briggs. 04:21:04.000 --> 04:21:08.229 I second I think you should be allowed to to partake in 04:21:08.229 --> 04:21:10.000 this. Okay. 04:21:10.000 --> 04:21:14.000 Is there discussion. 04:21:14.000 --> 04:21:17.000 All right. All those. 04:21:17.000 --> 04:21:30.000 Vote on the board. 04:21:30.000 --> 04:21:40.000 Thanks guys. 04:21:40.000 --> 04:21:43.000 You're still up. You have a request to speak. 04:21:43.000 --> 04:21:46.000 Okay, Miss Briggs. 04:21:46.000 --> 04:21:53.729 I'd like to make a motion for an amendment to increase the 04:21:53.729 --> 04:22:04.920 permit fee from $1,700 to 3250 as in the 2009 Decatur 04:22:04.920 --> 04:22:07.000 ordinance. 04:22:07.000 --> 04:22:09.000 Okay, Mr. Hawkins. 04:22:09.000 --> 04:22:12.000 Mr. Hawkins and then. 04:22:12.000 --> 04:22:15.000 Well, attorney. 04:22:15.000 --> 04:22:19.409 Mr. Mayor pretend this issue of the fees is not before the 04:22:19.409 --> 04:22:21.000 council tonight. 04:22:21.000 --> 04:22:23.899 It's not posted. It's not in the ordinance and it's not 04:22:23.899 --> 04:22:26.000 before you for consideration tonight. 04:22:26.000 --> 04:22:28.379 So I don't think that's something that we can consider 04:22:28.379 --> 04:22:29.000 tonight. 04:22:29.000 --> 04:22:32.940 However, I will say to you that there is a separate fee 04:22:32.940 --> 04:22:36.670 ordinance and we will be looking at that and bringing 04:22:36.670 --> 04:22:40.000 something forward in the future. 04:22:40.000 --> 04:22:43.989 Just by way of laying a little bit of foundation as we look 04:22:43.989 --> 04:22:47.069 at the fees, the fees need to be consistent with the work 04:22:47.069 --> 04:22:49.000 that's actually being performed. 04:22:49.000 --> 04:22:51.700 So we'll get these issues very closely and we'll bring 04:22:51.700 --> 04:22:54.760 something forward that will be consistent with that concept 04:22:54.760 --> 04:22:55.000 . 04:22:55.000 --> 04:22:58.260 So you'll be seeing seeing that in the not too distant 04:22:58.260 --> 04:22:59.000 future. 04:22:59.000 --> 04:23:13.000 There is no second to that motion. So that motion fails. 04:23:13.000 --> 04:23:20.000 Are there any other motions to amend? 04:23:20.000 --> 04:23:27.170 I have another motion. I can't I haven't been able to find 04:23:27.170 --> 04:23:33.510 the number. I admire your persistence to require electric 04:23:33.510 --> 04:23:36.000 motors instead of diesel. 04:23:36.000 --> 04:23:39.629 May I suggest that we take a moment and be specific as to 04:23:39.629 --> 04:23:43.000 where those would be required. Yes. 04:23:43.000 --> 04:23:48.000 Okay. 04:23:48.000 --> 04:23:53.000 It's it's it's not urgent yet. 04:23:53.000 --> 04:23:55.000 Mr. Road. 04:23:55.000 --> 04:23:58.860 While Councilmember Briggs is looking that up, I guess I'd 04:23:58.860 --> 04:24:02.000 like to ask a question of legal on that point. 04:24:02.000 --> 04:24:09.069 We're writing this in the context of HB 40, which clarifies 04:24:09.069 --> 04:24:12.559 to a certain degree what what a city can regulate and 04:24:12.559 --> 04:24:16.000 certainly clarifies what they cannot regulate. 04:24:16.000 --> 04:24:21.159 Your understanding of that legislation with something like 04:24:21.159 --> 04:24:25.760 mandating certain operational activities such as what kind 04:24:25.760 --> 04:24:29.670 of generator they can use, what kind of motors they can use 04:24:29.670 --> 04:24:30.000 . 04:24:30.000 --> 04:24:35.479 Does that fall under the simply a surface activity where it 04:24:35.479 --> 04:24:40.149 seems cities have a bit of leeway or is that more of a 04:24:40.149 --> 04:24:44.000 regulating an operator's activity? 04:24:44.000 --> 04:24:46.000 How do you understand that? 04:24:46.000 --> 04:24:49.389 Let me make a comment before I try to circle back to the 04:24:49.389 --> 04:24:51.000 specific question. 04:24:51.000 --> 04:24:55.860 I think you're asking this idea of using electric motors is 04:24:55.860 --> 04:24:59.000 not something that arose tonight. 04:24:59.000 --> 04:25:03.700 This is something that we have been hearing from citizens 04:25:03.700 --> 04:25:08.280 and we have been looking at and thinking about for really 04:25:08.280 --> 04:25:11.000 many, many months. 04:25:11.000 --> 04:25:14.590 This is also something the planning and zoning commission 04:25:14.590 --> 04:25:16.000 desired to look at. 04:25:16.000 --> 04:25:20.409 And the staff has done pretty extensive research, even 04:25:20.409 --> 04:25:24.850 pulling in some subject matter experts to look at the kind 04:25:24.850 --> 04:25:32.000 of capacity that might be available, the kind of capacity 04:25:32.000 --> 04:25:34.829 that that that it would take to run these generators and 04:25:34.829 --> 04:25:36.000 that kind of thing. 04:25:36.000 --> 04:25:38.000 And it's it's episodic. 04:25:38.000 --> 04:25:43.629 Consistent load. And so there's a whole science behind all 04:25:43.629 --> 04:25:47.340 of that that we looked at pretty carefully and we've we've 04:25:47.340 --> 04:25:49.000 tried to think through. 04:25:49.000 --> 04:25:52.670 The planning and zoning commission, as I recall, made a 04:25:52.670 --> 04:25:56.379 determination not to carry that issue forward because of 04:25:56.379 --> 04:26:00.350 some of the concerns that that arose at the commission and 04:26:00.350 --> 04:26:06.000 determined not to make that recommendation to the council. 04:26:06.000 --> 04:26:08.639 As we look at the issue, I'm also hearing and I'm sure 04:26:08.639 --> 04:26:11.000 there's a lot of science behind this as well. 04:26:11.000 --> 04:26:16.389 But the electric motors create a different kind of noise, 04:26:16.389 --> 04:26:20.000 which may or may not actually solve anything. 04:26:20.000 --> 04:26:22.709 And I think our guess what administrator has given us quite 04:26:22.709 --> 04:26:24.000 a bit of thought as well. 04:26:24.000 --> 04:26:28.649 And so he could probably more fairly address the science 04:26:28.649 --> 04:26:33.000 piece of it in the industry and the noise impacts. 04:26:33.000 --> 04:26:39.600 I do believe that we we are entitled to regulate noise 04:26:39.600 --> 04:26:41.000 issues. 04:26:41.000 --> 04:26:44.770 I would say to to us as we look at this ordinance and try 04:26:44.770 --> 04:26:48.850 to determine how to craft it, we've we've tried to craft 04:26:48.850 --> 04:26:53.450 the provisions so that we are setting a standard and then 04:26:53.450 --> 04:26:56.000 allowing the industry to meet the standard. 04:26:56.000 --> 04:27:00.620 How so ever that can be done, and that's probably a 04:27:00.620 --> 04:27:04.000 reasonable way to approach this. 04:27:04.000 --> 04:27:07.590 Certainly, we we've thought very carefully, carefully as to 04:27:07.590 --> 04:27:10.770 whether or not we want to try to regulate the specifics of 04:27:10.770 --> 04:27:13.000 the industry or set the standard. 04:27:13.000 --> 04:27:15.079 And we've determined that setting the standard is probably 04:27:15.079 --> 04:27:16.000 the better approach. 04:27:16.000 --> 04:27:19.379 But perhaps we could allow Mr. Groth to address this other 04:27:19.379 --> 04:27:21.000 issue if you're interested. 04:27:21.000 --> 04:27:32.979 If I can ask Councilmember Briggs, are you is is is your 04:27:32.979 --> 04:27:39.920 intent to regulate no diesel motors and to have electric 04:27:39.920 --> 04:27:42.000 motors instead. 04:27:42.000 --> 04:27:47.719 Is that an attempt to mitigate noise nuisances or is it 04:27:47.719 --> 04:27:50.000 about emissions? 04:27:50.000 --> 04:27:52.000 Both. Both. 04:27:52.000 --> 04:27:55.979 I think that there's an opportunity maybe to do something 04:27:55.979 --> 04:27:59.000 with noise nuisance, but I'm not sure. 04:27:59.000 --> 04:28:04.530 Okay. I just was curious about that. Have you found where 04:28:04.530 --> 04:28:07.000 you. 04:28:07.000 --> 04:28:10.549 I haven't. I haven't. It's not in here so I don't know 04:28:10.549 --> 04:28:12.000 where where to look. 04:28:12.000 --> 04:28:14.000 Okay. 04:28:14.000 --> 04:28:15.000 So. 04:28:15.000 --> 04:28:16.000 All right. 04:28:16.000 --> 04:28:21.989 Then, if it comes up, if in the course of our conversation, 04:28:21.989 --> 04:28:25.170 if you want to bring that back out, but for this time, it 04:28:25.170 --> 04:28:29.000 looks like that fails due to the lack of a second. 04:28:29.000 --> 04:28:30.000 Of course. 04:28:30.000 --> 04:28:38.000 More discussion. 04:28:38.000 --> 04:28:40.950 Now the motion to amend is there's still one with Mr. Br 04:28:40.950 --> 04:28:42.000 iggs name on it. 04:28:42.000 --> 04:28:46.000 Have you have you punched in another one. 04:28:46.000 --> 04:28:50.000 Have I what have you are you know it just didn't go away. 04:28:50.000 --> 04:28:55.000 Didn't go away. You can make that one go away. 04:28:55.000 --> 04:28:56.000 I'll do it. 04:28:56.000 --> 04:28:59.000 Okay. 04:28:59.000 --> 04:29:02.280 Well right now the motion on the floor is to approve the 04:29:02.280 --> 04:29:03.000 ordinance. 04:29:03.000 --> 04:29:09.000 With the caveats by rodent and the second by Johnson. 04:29:09.000 --> 04:29:13.000 And with the one amendment that was in fact added to the 04:29:13.000 --> 04:29:14.000 the. 04:29:14.000 --> 04:29:18.000 For the for the for the notifications. 04:29:18.000 --> 04:29:21.000 Mr. Rudin. 04:29:21.000 --> 04:29:25.000 I was just re indicating my initial motion on the board. 04:29:25.000 --> 04:29:36.000 Is there any further discussion. 04:29:36.000 --> 04:29:55.719 If there's no discussion, then we will vote on the 04:29:55.719 --> 04:30:00.000 ordinance. 04:30:00.000 --> 04:30:02.000 The motion passes. 04:30:02.000 --> 04:30:06.000 Okay. 04:30:06.000 --> 04:30:11.000 We're now to the last item on the agenda concluding items. 04:30:11.000 --> 04:30:13.670 Are there any council members that have anything they want 04:30:13.670 --> 04:30:19.000 to put on there. 04:30:19.000 --> 04:30:20.000 Any items. 04:30:20.000 --> 04:30:28.000 Mr. Rudin. 04:30:28.000 --> 04:30:32.000 I'm sorry. 04:30:32.000 --> 04:30:33.000 A couple of things. 04:30:33.000 --> 04:30:35.000 One is we've had a. 04:30:35.000 --> 04:30:40.000 We had a previous work session on noise ordinance. 04:30:40.000 --> 04:30:42.760 I was kind of focusing on some downtown issues and how does 04:30:42.760 --> 04:30:43.000 . 04:30:43.000 --> 04:30:44.000 How to address that. 04:30:44.000 --> 04:30:46.000 I've had some questions from. 04:30:46.000 --> 04:30:51.000 Business owners who have concepts. 04:30:51.000 --> 04:30:53.069 In mind that they're worried might impact whatever that 04:30:53.069 --> 04:30:54.000 potential ordinance 04:30:54.000 --> 04:30:55.000 might be. 04:30:55.000 --> 04:30:58.000 And I think that's a good way to address that. 04:30:58.000 --> 04:31:00.000 And I think that's a good way to address that. 04:31:00.000 --> 04:31:02.000 And I think that's a good way to address that. 04:31:02.000 --> 04:31:04.000 And I think that's a good way to address that. 04:31:04.000 --> 04:31:06.000 And I think that's a good way to address that. 04:31:06.000 --> 04:31:08.000 And I think that's a good way to address that. 04:31:08.000 --> 04:31:10.000 And I think that's a good way to address that. 04:31:10.000 --> 04:31:12.000 And I think that's a good way to address that. 04:31:12.000 --> 04:31:14.000 And I think that's a good way to address that. 04:31:14.000 --> 04:31:16.000 And I think that's a good way to address that. 04:31:16.000 --> 04:31:18.000 And I think that's a good way to address that. 04:31:18.000 --> 04:31:20.000 And I think that's a good way to address that. 04:31:20.000 --> 04:31:22.000 And I think that's a good way to address that. 04:31:22.000 --> 04:31:24.000 And I think that's a good way to address that. 04:31:24.000 --> 04:31:26.000 And I think that's a good way to address that. 04:31:26.000 --> 04:31:28.000 And I think that's a good way to address that. 04:31:28.000 --> 04:31:30.000 And I think that's a good way to address that. 04:31:30.000 --> 04:31:32.000 And I think that's a good way to address that. 04:31:32.000 --> 04:31:34.000 And I think that's a good way to address that. 04:31:34.000 --> 04:31:36.000 And I think that's a good way to address that. 04:31:36.000 --> 04:31:38.000 And I think that's a good way to address that. 04:31:38.000 --> 04:31:40.000 And I think that's a good way to address that. 04:31:40.000 --> 04:31:42.000 And I think that's a good way to address that. 04:31:42.000 --> 04:31:44.000 And I think that's a good way to address that. 04:31:44.000 --> 04:31:46.000 And I think that's a good way to address that. 04:31:46.000 --> 04:31:48.000 And I think that's a good way to address that. 04:31:48.000 --> 04:31:50.000 And I think that's a good way to address that. 04:31:50.000 --> 04:31:52.000 And I think that's a good way to address that. 04:31:52.000 --> 04:31:54.000 And I think that's a good way to address that. 04:31:54.000 --> 04:31:56.000 And I think that's a good way to address that. 04:31:56.000 --> 04:31:58.000 And I think that's a good way to address that. 04:31:58.000 --> 04:32:00.000 And I think that's a good way to address that. 04:32:00.000 --> 04:32:02.000 And I think that's a good way to address that. 04:32:02.000 --> 04:32:04.000 And I think that's a good way to address that. 04:32:04.000 --> 04:32:06.000 And I think that's a good way to address that. 04:32:06.000 --> 04:32:08.000 And I think that's a good way to address that. 04:32:08.000 --> 04:32:10.000 And I think that's a good way to address that. 04:32:10.000 --> 04:32:12.000 And I think that's a good way to address that. 04:32:12.000 --> 04:32:14.000 And I think that's a good way to address that. 04:32:14.000 --> 04:32:16.000 And I think that's a good way to address that. 04:32:16.000 --> 04:32:18.000 And I think that's a good way to address that. 04:32:18.000 --> 04:32:20.000 And I think that's a good way to address that. 04:32:20.000 --> 04:32:22.000 And I think that's a good way to address that. 04:32:22.000 --> 04:32:24.000 And I think that's a good way to address that. 04:32:24.000 --> 04:32:26.000 And I think that's a good way to address that. 04:32:26.000 --> 04:32:28.000 And I think that's a good way to address that. 04:32:28.000 --> 04:32:30.000 And I think that's a good way to address that. 04:32:30.000 --> 04:32:32.000 And I think that's a good way to address that. 04:32:32.000 --> 04:32:34.000 And I think that's a good way to address that. 04:32:34.000 --> 04:32:36.000 And I think that's a good way to address that. 04:32:36.000 --> 04:32:38.000 And I think that's a good way to address that. 04:32:38.000 --> 04:32:40.000 And I think that's a good way to address that. 04:32:40.000 --> 04:32:42.000 And I think that's a good way to address that. 04:32:42.000 --> 04:32:44.000 And I think that's a good way to address that. 04:32:44.000 --> 04:32:46.000 And I think that's a good way to address that. 04:32:46.000 --> 04:32:48.000 And I think that's a good way to address that. 04:32:48.000 --> 04:32:50.000 And I think that's a good way to address that. 04:32:50.000 --> 04:32:52.000 And I think that's a good way to address that. 04:32:52.000 --> 04:32:54.000 And I think that's a good way to address that. 04:32:54.000 --> 04:32:56.000 And I think that's a good way to address that. 04:32:56.000 --> 04:32:58.000 And I think that's a good way to address that. 04:32:58.000 --> 04:33:00.000 And I think that's a good way to address that. 04:33:00.000 --> 04:33:02.000 And I think that's a good way to address that. 04:33:02.000 --> 04:33:04.000 And I think that's a good way to address that. 04:33:04.000 --> 04:33:06.000 And I think that's a good way to address that. 04:33:06.000 --> 04:33:08.000 And I think that's a good way to address that. 04:33:08.000 --> 04:33:10.000 And I think that's a good way to address that. 04:33:10.000 --> 04:33:12.000 And I think that's a good way to address that. 04:33:12.000 --> 04:33:14.000 And I think that's a good way to address that. 04:33:14.000 --> 04:33:16.000 And I think that's a good way to address that. 04:33:16.000 --> 04:33:18.000 Are there any other comments? 04:33:18.000 --> 04:33:20.000 Are there any other comments? 04:33:20.000 --> 04:33:22.000 Are there any other comments? 04:33:22.000 --> 04:33:24.000 Look at that. 04:33:24.000 --> 04:33:26.000 We beat the deadline by an hour. 04:33:26.000 --> 04:33:28.000 We beat the deadline by an hour. 04:33:28.000 --> 04:33:30.000 In that case, we are adjourning at 1101. 04:33:30.000 --> 04:33:32.000 In that case, we are adjourning at 1101.