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CP 2010-02-09 NOTICE OF CITY COUNCIL MEETING AND AGENDA FEBRUARY 9, 2010 JAYNE PETERS, KAREN HUNT, Place 7 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 BOB MAHALIK, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 CLAY PHILLIPS, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:30 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, February 9, 2010, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag020910 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding Northlake Property. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospect west of Beltline and north of Dividend. 2. ED Prospect west of South Coppell Road and south of Bethel. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Small Wind Energy Systems. B. Council Goals and Objectives Update. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Citizens' Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 26, 2010. B. Consider approval of Bid # Q-0110-01 to BMW Motorcycles of Fort Worth for the purchase of three (3) BMW motorcycles at a total cost of $62,743.20, as approved in the FY 09/10 budget, for use by the Coppell Police Traffic Division; and authorizing the City Manager to sign the necessary documents. END OF CONSENT ag020910 Page 2 of 5 ITEM # ITEM DESCRIPTION 9. PUBLIC HEARING: Consider approval of an ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Ordinance No. 2003- 1030, providing for curfew hours for minors in the City of Coppell, Texas, for a period of three (3) years; and authorizing the Mayor to sign. 10. PUBLIC HEARING: Consider approval of Case No. S-1250-PD-228-HC, Subway, a zoning change request from PD-228-HC (Planned Development-228-Highway Commercial) to S-1250-PD-228-HC (Special Use Permit-1250-Planned Development-228-Highway Commercial), to allow a 1,805-square-foot restaurant with drive-thru, to be located at 760 N. Denton Tap Road, Suite #100. 11. PUBLIC HEARING: Consider approval of Case No. S-1033R3-SF-12, Manara Academy, a zoning change request from S-1033R2-SF-12 (Special Use Permit-1033 Revision 2-Single Family-12) to S-1033R3-SF-12 (Special Use Permit-1033 Revision 3-Single Family-12), to allow a Charter School for Grades K-8, with a enrollment capacity of 500, to continue to occupy this building through the 2014 school year, on 4.85 acres of property located at 140 S. Heartz Road. 12. PUBLIC HEARING: Consider approval of an application by Chesapeake Energy to expand the current pad site from 2.152 acres to 3.013 acres to allow the drilling and operation of up to four (4) additional gas wells on the site located north of Bethel Road, west of Creekview Drive, known as the Fellowship Property. 13. PUBLIC HEARING: Consider approval of text amendments to the Code of Ordinances – Chapter 12-Zoning, to add Section 12-32B, “Small Wind Energy Systems”, to establish regulations for small scale wind turbines within the City of Coppell and to amend Section 12-30 to permit this use by Special Use Permit. 14. Consider approval of an Ordinance for Case No. PD-245-R, Barnes at Riverview, a zoning change request from R (Retail) to PD-245-R(Planned Development-245-Retail) to attach a Detail Site Plan allowing two office/ medical office/retail buildings (totaling 9,175 square feet) with a 300- square-foot restaurant, on approximately one acre of property located at ag020910 Page 3 of 5 ITEM # ITEM DESCRIPTION the southeast corner of Sandy Lake Road and Riverview Drive and authorizing the Mayor to sign. 15. Consider approval of an Agreement with Freese and Nichols, Inc. for the design of improvements to Old Town Coppell/Main Street Infrastructure including mass grading, paving, drainage and utilities of the site in the amount of $207,100 and authorizing the Mayor to sign. 16. City Manager's Report. A. Project Update and Future Agendas. 17. Mayor and Council Reports. A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting. 18. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 19. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Jayne Peters, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 5th day of February, 2010, at __________________. ____________________________________ Libby Ball, City Secretary ag020910 Page 4 of 5 DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.coppelltx.gov) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag020910 Page 5 of 5 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: February 9, 2010 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding Northlake Property. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects west of Beltline and north of Dividend. 2. ED Prospects west of S. Coppell Road and South of Bethel. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: February 9, 2010 ITEM #: WS-3 WORK SESSION A. Discussion regarding Small Wind Energy Systems. B. Council Goals and Objectives Update. C. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn 09-10 Council Goal WorkplanRevised 01/26/10123456789101112131415161718192021222324252627282930313233AB C DEFGoal PriorityWork Plan ElementResponsibility Projected Date StatusSustainable City GovernmentMgmt Priority City use of Xeriscape - Evaluation and Direction Parks, Grn Team January-10Special Place to LiveMgmt Priority Complete the design for Deforest Road (MacArthur to East) Eng March-10Sense of CommunityMgmt PriorityComprehensive Communication Plan for City - Evaluation of current methods and Plan DevelopmentCMO, IS March-10Sense of CommunityMgmt Priority New Resident Welcome Program (Communication Plan) CMO, IS March-10Community WellnessPolicy Priority City Arts Advisory Committee - Evalution and Direction CMO, Parks, Lib April-10Community WellnessMgmt Priority Mature Citizens - Survey, Needs Assessment and Direction Parks April-10Community WellnessMgmt Priority Parks and Recreation Master Plan development Parks April-10Community WellnessMgmt Priority Recreation Programs and Services: Evaluation, Direction, Enhancements Parks April-10Special Place to LiveMgmt Priority Provide annual update to the Infrastructure Maintenance Plan Eng April-10Sustainable City GovernmentMgmt Priority 5-Year Financial Planning effort presenting update to City Council Finance April-10Special Place to LiveMgmt Priority Denton Tap sidewalk (SH 121 to Southwestern) Infill Eng April-10Special Place to LiveMgmt Priority Begin construction - Bethel Rd Phase A (Denton Tap to Penfolds) Eng April-10Community WellnessMgmt Priority Community Health & Wellness: Assessment, Strategy, Funding Parks May-10Special Place to LiveMgmt Priority Eminent Domain - Sandy Lake (Denton Tap to N. Coppell Rd) Eng May-10Community WellnessPolicy Priority Library Expansion - Evaluation, Direction & Funding Library May-10Business ProsperityPolicy Priority "Coppell Brand" and Marketing Strategy - Evaluation & Development CMO June-10Community WellnessPolicy Priority Old Coppell Projects - Grant & Funding options (beyond façade grant) CMO June-10Special Place to LivePolicy PriorityEconomic Incentives for Neighborhood Commercial Properties - Evaluation, Direction and FundingCMO June-10Special Place to LiveMgmt PriorityComplete a comprehensive review of neighborhood integrity programs assessing their effectiveness and provide recommendations for improvement to the City CouncilFire June-10Sustainable City GovernmentPolicy Priority Funding Sources for Infrastructure/Facilities - Eval & Direction Eng, Finance June-10Special Place to LiveMgmt PriorityExplore options available to conduct a fence condition inventory to assist the staff in neighborhood integrity code enforcement effortsFire June-10Sustainable City GovernmentMgmt Priority City Services Inventory - Use/Value Analysis, Revenue Sources CMO July-10Sustainable City GovernmentPolicy Priority Quality of Life - Bond Package and Election CMO July-10Sustainable City GovernmentMgmt Priority Performance Measures and Benchmarking of City Services All August-10Sense of CommunityPolicy PriorityImplement Coppell 2030 findings for Events and Community Activities; determine City's Role & Analysis of Best PracticeParks August-10Sense of CommunityPolicy PriorityImplement Coppell 2030 findings for Business Sponsorship Agreements for City Events; determine Direction & FundingParks August-10Sense of CommunityPolicy Priority Sponsorship for Community Organizations and Events - Policy Direction Parks August-10Community WellnessPolicy Priority Non Resident use of Parks & Facilities - Evaluation & Direction Parks September-10Policy Priority Center for the Arts Facility - Evaluation and Funding CMO September-10Sense of CommunityPolicy Priority Determine use of existing Senior Center. CMO September-10Sense of CommunityMgmt Priority Plan and coordinate Oak Fest for Oct 2010 Parks September-10Special Place to LiveMgmt PriorityNeighborhood Wellness Index: Best Practices, Models Development, Implementation Plan - SummitFire September-10Page 1 of 3 09-10 Council Goal WorkplanRevised 01/26/101AB C DEFGoal PriorityWork Plan ElementResponsibility Projected Date Status34353637383940414243444546474849505152535455565758Special Place to LivePolicy PriorityXeriscape Regulations, Guidelines & Bldg Codes - Evaluation, Planning and FundingPlanning, Parks September-10Special Place to LivePolicy Priority Alternative Housing Model - Definition & Attracting Developers Planning Comp PlanSpecial Place to LivePolicy Priority Comprehensive Plan for I-635/SH121 Frontage Planning Comp PlanSpecial Place to LiveMgmt Priority Housing Inventory: Assessment, Strategy & Actions Planning Comp PlanSpecial Place to LivePolicy PriorityProvide City Council with information regarding residential redevelopment to assist in determining desirability of “McMansions” and/or “empty nester” housing alternativesCMO/Planning Comp PlanSpecial Place to LivePolicy Priority Great Neighborhoods - Best Practice Evaluation and Recommendations Planning, Fire Comp PlanBusiness ProsperityPolicy Priority Targeted Businesses for Coppell - Definition & Guidelines CMO Comp PlanSpecial Place to LivePolicy Priority Redevelopment Policy (Residential/Commercial) - City Role and Toolkit Planning, Fire Comp PlanSpecial Place to LivePolicy Priority Belt Line Revitalization Plan - Development Planning Comp PlanSustainable City GovernmentMgmt Priority Conduct annual review of outstanding & proposed debt Finance CompleteSense of CommunityPolicy Priority Develop policies for Use/Rental of city facilities Parks CompleteSense of CommunityPolicy PriorityImplement Coppell 2030 findings incorporating needed service delivery changes to meet changes in demand and expectationsCMO On Going EffortsSense of CommunityMgmt PriorityEmploy Coppell 2030 recommendations regarding how to better communicate with an increasingly diverse populationCMO On Going EffortsBusiness ProsperityMgmt Priority Commercial/Retail Redevelopment Developers - Contact & Marketing CMO On Going EffortsBusiness ProsperityMgmt Priority Hot Spot Opportunities - Direction & City Actions CMO On Going EffortsBusiness ProsperityMgmt Priority Continue to facilitate the development of the Leslie tract CMO, Planning On Going EffortsSense of CommunityMgmt Priority Public Information on Code Enforcement - Actions Fire On Going EffortsSense of CommunityMgmt Priority Community Gardens - Refinements & Enhancements Parks On Going EffortsSense of CommunityPolicy Priority Service Plan for Northlake Eng On Going EffortsSense of CommunityMgmt PriorityCity staff will continue Citizen Emergency Response Teams (CERT) and RACES by providing continuing education opportunities for existing membersFire On Going EffortsSense of CommunityMgmt PriorityCity staff will utilize HOA’s to educate the public and provide information regarding emergency incidents in the community and how neighborhoods can better prepare for emergenciesFire On Going EffortsSense of CommunityMgmt PriorityCity staff will maintain information for the City’s website designed to assist citizens in making preparations to deal with an emergency or disasterFire On Going EffortsSense of CommunityMgmt PriorityContinue, and expand where needed, public safety education classes offered through the Police and Fire Departments including Self-Defense for Women, CPR, First Aid, and othersFire, Police On Going EffortsSense of CommunityMgmt PriorityEnhance library E-branch to increase flexibility for library patrons and streamlined operations for staffLibrary On Going EffortsSense of CommunityMgmt PriorityContinue to develop and disseminate information to the community regarding the Connect-CTY system. QuarterlyFire On Going EffortsPage 2 of 3 09-10 Council Goal WorkplanRevised 01/26/101AB C DEFGoal PriorityWork Plan ElementResponsibility Projected Date Status596061626364656667686970717273747576777879808182Sense of CommunityMgmt PriorityTraffic Report - Activities of the Traffic and Patrol Units regarding citations, warnings, DWI/DUI arrests and education programs regarding traffic safety. QuarterlyPolice On Going EffortsSense of CommunityMgmt PriorityCommunity Services Report - Activities of the Community Services Unit regarding educational programs, National Night Out, Women's Self Defense, Women's Self Defense for High School Seniors, Citizens Police Academy, Drug & Alcohol Education in CISD. QuarterlyPolice On Going EffortsSense of CommunityMgmt PriorityOrganized Crime Unit Report - Activities of the Organized Crime Unit (OCU) regarding narcotic and alcohol violations in the Metroplex. QtrlyPolice On Going EffortsSense of CommunityMgmt Priority Monitor the progress of the Kolberg development CMO On Going EffortsSense of CommunityMgmt PriorityWork with Old Town interest groups to develop a clear understanding of City role and perspective on future of Old CoppellPlanning On Going EffortsSense of CommunityMgmt PriorityMaintain library programs including Volunteen, Summer Reading and Homework Center programsLibrary On Going EffortsSense of CommunityMgmt PriorityDevelop methods to use various points of contact as a means to reach out to diverse populations, particularly the Library and the Aquatics & Recreation CenterParks/Library On Going EffortsSpecial Place to LiveMgmt Priority Code Enforcement - Evaluation/Improvements - Summit Fire On Going EffortsSpecial Place to LiveMgmt Priority Complete annual street, sidewalk, alley maintenance program Eng On Going EffortsSpecial Place to LiveMgmt Priority Initiate debris removal program to lessen creek flood potential Eng On Going EffortsSpecial Place to LiveMgmt PriorityContinue communication efforts with HOA’s and other neighborhoods to ensure HOA common area responsibilities are maintained per zoning requirementsFire On Going EffortsSustainable City GovernmentMgmt Priority Continue and expand city-wide & departmental satisfaction surveys All On Going EffortsSustainable City GovernmentMgmt Priority Continue organizational succession planning efforts CMO, HR On Going EffortsSustainable City GovernmentMgmt Priority Continue sales tax audit program Finance On Going EffortsSustainable City GovernmentMgmt Priority Evaluate various “green” & sustainability programs for implementation CMO On Going EffortsSustainable City GovernmentMgmt PriorityContinue use of Program/Policy financial impact analysis for new programs and servicesFinance On Going EffortsSustainable City GovernmentMgmt Priority Monitoring Legislative Process: Track State & Federal Legislation All On Going EffortsSustainable City GovernmentMgmt Priority Police Radio System Interoperability Police On Going EffortsMgmt Priority Work with Chamber on Identified Initiatives: CMO/ChamberBusiness ProsperityMgmt Priority Mentoring Home-Based Businesses CMO/ChamberBusiness ProsperityMgmt Priority Retail Association - Development and City's Role CMO/ChamberBusiness ProsperityMgmt Priority Co-op for Marketing Old Town Coppell Development CMO/ChamberBusiness ProsperityMgmt Priority Home-Based Business - Study and Analysis CMO/ChamberBusiness ProsperityMgmt Priority Home-Based Business Fair CMO/ChamberPage 3 of 3 AGENDA REQUEST FORM DATE: February 9, 2010 ITEM #: 7 CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary February 9, 2010 8/A ✔ PROCEDURAL Consider approval of minutes: January 26, 2010. Minutes of the City Council meetings held on January 26, 2010. Staff recommends approval. %minutes MINUTES OF JANUARY 26, 2010 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 26, 2010, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Jayne Peters, Mayor Karen Hunt, Mayor Pro Tem Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember Also present were City Manager Clay Phillips, Deputy City Secretary Christel Pettinos and City Attorney Robert Hager. 1. Call to order. Mayor Peters called the meeting to order, determined that a quorum was present and convened into Work Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session 1. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospect South of West Bethel Road and West of South Coppell Road. 2. ED Prospect North of I.H. 635E and West of Freeport Parkway. 3. ED Prospect North I.H. 635 and West of Belt Line Road. Executive Session was held at the end of the meeting. Mayor Peters convened into Executive Session at 9:51 p.m. as allowed under the above-stated article. Mayor Peters adjourned the Executive Session at 10:17 p.m. and opened the Regular Session. cm012610 Page 1 of 10 WORK SESSION (Open to the Public) 3. Convene Work Session 1. Legislative Update. 2. Presentation on 2008-09 Audit results. 3. Presentation Regarding Incorporation of Xeriscape in City Landscapes. 4. Council Goals and Objectives Update. 5. Web Page Preview 6. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Dale Patterson with the Hackberry Creek Church, led those present in the Invocation. 6. Pledge of Allegiance. Mayor Peters led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation naming January 26, 2010 as JACK BARKER’S SNUGGIE DAY IN THE CITY OF COPPELL and authorizing the Mayor to sign. Presentation: Mayor Peters read the Proclamation for the record and presented the same to Jack Barker. Action: Councilmember Hinojosa-Flores moved to approve a proclamation naming January 26, 2010 as JACK BARKER’S SNUGGIE DAY IN THE CITY OF COPPELL and authorizing the Mayor to sign. Councilmember cm012610 Page 2 of 10 Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 8. Consider approval of a proclamation naming the month of February 2010 as AMERICAN HEART MONTH and authorizing the Mayor to sign. Presentation: Mayor Peters read the Proclamation for the record and presented the same to Lindsey Shanks and Kaitlyn McClew. Action: Councilmember Faught moved to approve a proclamation naming the month of February 2010 as AMERICAN HEART MONTH and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 9. Report by Economic Development Committee. Gary Roden, Vice Chairman of the Economic Development Committee, gave the Committee’s semi-annual report. 10. Citizens' Appearances. 1) Mary Ritter, 701 E. Bethel School Road, spoke regarding the trail plan; 2) Mike Masingill, 717 Bethel School, spoke regarding the trail plan; 3) Lester Bell, 637 Swan Drive, spoke regarding the trail plan; 4) Ruth Hogan, 611 Canemount Lane, spoke regarding the trail plan; and 5) Jan Leathers, 615 Canemount Lane, spoke regarding the trail plan. CONSENT AGENDA 11. Consider approval of the following consent agenda items: cm012610 Page 3 of 10 1. Consider approval of minutes: January 12, 2010. 2. Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to a reduction in garbage collection fees and authorizing the Mayor to sign. 3. Consider canceling the General Electrical Services portion of Bid No. 0909-03 to Pat Dillahey Electric, and awarding this portion to Nema 3 Electric, Inc. for the remainder of the twelve month period that began December 1, 2009, with options to renew an additional four years as budgeted; and authorizing the City Manager to sign. 4. Consider approval of an ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Ordinance No. 2003-1030, providing for curfew hours for minors in the City of Coppell, Texas, for a period of three (3) years; providing a repealing clause; providing a severability clause; and providing an effective date; and authorizing the Mayor to sign. Councilmember Tunnell exited the Council Chambers during the reading of the Consent Agenda, and returned prior to the motion. Item D was pulled from the Agenda. Items A, B and C: Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B carrying Resolution No. 2010-0126.1 and C. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. cm012610 Page 4 of 10 12. Consider approval of the Comprehensive Annual Financial Report for the Fiscal year ending September 30, 2009. Presentation: Finance Director Jennifer Miller introduced Ben Kohnle with Grant Thornton who made a presentation the Council. Action: Councilmember Franklin moved to approve the Comprehensive Annual Financial Report for the Fiscal year ending September 30, 2009. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 13. Consider appointments to the Coppell Economic Development Foundation for a one year term. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Action: Councilmember Faught moved to appoint Bill Rohloff, Gary Roden, Ken Luttmer, Bradley Snyder and James Walker to serve one-year terms on the Coppell Economic Development Foundation. Mayor Pro Tem Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 14. Consider approval to accept Proposal #th71516c from Ford Audio-Video to equip the Coppell Police Training Room with audio/video equipment in the amount of $88,423.00; and authorizing the City Manager to sign all necessary paperwork and documentation. cm012610 Page 5 of 10 Presentation: Police Chief Roy Osborne made a presentation to the Council. Action: Councilmember Franklin moved to approve acceptance of Proposal #th71516c from Ford Audio-Video to equip the Coppell Police Training Room with audio/video equipment in the amount of $88,423.00; and authorizing the City Manager to sign all necessary paperwork and documentation. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 15. Consider approval of the final Coppell Community-Wide Trails Implementation Plan. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Mark Meyers, a consultant with TBG Partners, made a presentation to the Council. Action: Councilmember Tunnell moved to postpone Item 15 until February 23, 2010 and bring back with the following changes: 1. Grapevine Springs – material used should be natural, decomposed granite (F24/25); and 2. Grapevine Creek – delete access to Bethel School Road and use natural surface (decomposed granite) in the park (F14/15). Mayor Pro Tem Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. cm012610 Page 6 of 10 16. Consider approval of Bid # Q-1109-01 to Dickerson Construction Company, Inc., in the amount of $315,400.00, as provided for in the CRDC fund, for the installation of an Irrigation Well at Wagon Wheel Park; and authorizing the CRDC President and City Manager to sign the necessary documents. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to the Council. Action: Councilmember Franklin moved to approve Bid # Q-1109-01 to Dickerson Construction Company, Inc., in the amount of $315,400.00, as provided for in the CRDC fund, for the installation of an Irrigation Well at Wagon Wheel Park; and authorizing the CRDC President and City Manager to sign the necessary documents. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 17. City Manager's Report. A. Project Update and Future Agendas. A. City Manager Clay Phillips discussed the progress of several road projects around town. The unveiling of the new web site and email address to coppelltx.gov will be February 1st. A meeting with the City of Dallas will be held to determine service provisions and future elements of the Cypress Waters tract. Once information is gathered, a Town Hall meeting will be hosted in the near future. Finally, a Joint Meeting with City Council, Park Board and Library Board will be held on April 8th. 18. Mayor and Council Reports. A. Report by Mayor Peters regarding Sweetheart Ball scheduled for February 5th and 6th. A. Mayor Peters announced the annual Sweetheart Ball will be held on February 5th for mothers and sons and February 6th for fathers and daughters from 6:30-9 p.m. The theme is A Night Down on the Ranch. There will be dinner, dancing and a complimentary photo. cm012610 Page 7 of 10 19. Council Committee Reports. 1. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell. 2. Coppell ISD – Mahalik and Hinojosa-Flores. 3. Coppell Seniors – Brancheau and Faught. 4. Dallas Regional Mobility Coalition – Peters and Hunt. 5. International Council for Local Environmental Initiatives (ICLEI) – Brancheau. 6. Metrocrest Hospital Authority – Tunnell. 7. Metrocrest Medical Foundation – Mahalik. 8. Metrocrest Medical Services – Hinojosa-Flores. 9. Metrocrest Social Services – Franklin. 10. North Texas Council of Governments – Tunnell. 11. NTCOG/Regional Emergency Management – Faught. 12. North Texas Commission – Hunt. 13. Senior Adult Services – Franklin. 1. Councilmember Tunnell announced the first day to file for the School Board election is February 6th. The last day to file is March 8th. LISD Board of Trustees will hold a Public Hearing on changing the start times of school. LISD also received an AA+ Bond Rating from Standard and Poor’s. C/FBISD has a two-way, dual language program at three schools for students K-4th grade. 2. Councilmember Mahalik reported that Coppell High School was named one of the “Top High Schools in the Nation” by U.S. News and Report. CHS ranked in the top 3%. The next “Discussion” will be held on February 3rd at 12:30 p.m. and 7:00 p.m. at the CHS Lecture Hall. A Candidate Workshop for School Board will be offered on February 11th at 7:00 p.m. 3. Councilmember Faught informed Council that Movie Day at Josey Ranch will be February 1st at 1:00 p.m. Popcorn will be provided. A visit to the C.R. Smith Aviation Museum will be February 9th. Valentine’s Breakfast will be February 11th at 10:00 a.m. Bring your sweetheart or best friend. Entertainment will be provided by Glen Clove. The Las Vegas trip will be held February 22nd-28th. Call the Senior Center for more information. Finally, the next luncheon will be January 27th. 4. Mayor Peters announced a Joint Meeting between Dallas County’s Regional Coalition and Tarrant County’s Regional Coalition on February 4th at 10:00 a.m. at the Cowboy Stadium. Also, Senator Carona and Representative Pickett will host an Interim Public Hearing on Transportation in Austin on February 1st at 8:00 a.m. 5. Nothing to report. cm012610 Page 8 of 10 6. Councilmember Tunnell said Dallas Medical Center will be holding an Investor Meeting regarding syndication. 7. Nothing to report. 8. Councilmember Hinojosa-Flores reminded the audience that Metrocrest Medical Services offers a diabetic and hypertension clinic. They are always in need of supplies. Also, Dr. Williams, of Podiatry, will be starting a clinic soon. The next meeting will be January 28th. 9. Councilmember Franklin reported that a Relocation Committee has been formed to seek out a new office space. The next meeting will be February 25th with the Keyholder’s Breakfast scheduled for April 13th. 10. Nothing to report. 11. Councilmember Faught announced the next meeting will be February 11th. 12. Mayor Pro Tem Hunt reported that the next Signature Series Luncheon will be February 16th featuring Dan Bartlett. He will be speaking on Building Public Trust. NTC is also accepting applications for its Leadership Program. 13. Councilmember Franklin announced a Wii Bowling Tournament will be held in April to raise funds. Also, a Strategic Planning Group is being formed to review their strategies moving forward and to look at their Reinvestment Policy. 20. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Nothing to report. 21. Necessary action resulting from Work Session. There was no action necessary under this item. 22. Necessary Action Resulting from Executive Session. There was no action necessary under this item. cm012610 Page 9 of 10 There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Jayne Peters, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm012610 Page 10 of 10 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Police February 9, 2010 8/B ✔ CONTRACT/BID or PROPOSAL Consider approval of Bid # Q-0110-01 to BMW Motorcycles of Fort Worth for the purchase of three (3) BMW motorcycles at a total cost of $62,743.20, as approved in the FY 09/10 budget, for use by the Coppell Police Traffic Division; and authorizing the City Manager to sign the necessary documents. The three new BMW motorcycles will replace three existing 2004 BMW motorcycles. Funds have been budgeted in the Red Light Enforcement Fund for this purchase. Staff recommends approval. )Motorcycles MEMORANDUM TO: Clay Phillips, City Manager Mario Canizares, Deputy City Manager XC: File FROM: Roy L Osborne, Chief of Police DATE: January 29, 2010 REF: Motorcycle Purchase / Replacement This agenda item is for the purchase of three replacement motorcycles for the Coppell Police Department Traffic Unit. This purchase was budgeted in the current fiscal year. This purchase will allow our Traffic Unit to continue to function efficiently, effectively and safely in their task of gaining compliance from the driving public regarding the traffic laws of the State of Texas and the ordinances of the City of Coppell. Please let me know if you have any questions regarding this agenda item. Striving for Excellence MEMO Date: 20 January 2010 To: Chief R. Osborne From: Sgt. E. Debus Subject: Motorcycle Bid Process We received two formal bids for the purchase of three police motorcycles approved in this year's budget. BMW of Fort Worth bid $20,914.40 per unit and BMW of North Dallas bid $20,999.30 per unit. Because BMW of Fort Worth is a lower bid, and because we've been happy using them for our maintenance and warranty repairs for several years, we would like to proceed with the purchase of three replacement motorcycles through their dealership. Bid information can be found on Bid #Q-0110-01-BMW Motorcycles. R 1200 RT-P Motor Pricing Form Mounted Outside of Main Light Housings ......':.'".....::;~'~i·[·:fi~i~l~~~~j!i.;~i;:,· ....',:':::c~:::....,.,...'..",'0:'::·.::::;:.)$J~9i('l~l:;"".- .....•:1::.:-"... o .j:~~::~. ;(}::~B3;irl ,IF>.)32.3~ .:o';:'$'4~Ai"< .":.JJ/::~~1.:3,4J~.6·::;:-:-:::::_'....:.••;!i;~~li~~~~ie!~~r&:~~~:;lii~i~~l!.,·..,,·!ff,:.·.··.:~i;:..··•••,,·e:.,· ::-:~i:i;Non..BMW Options or Additional Labor Operations Provided by Dealer ::';-:::"::::~:.;~:. Total Retail Price per Unit with Options 0.00%State Sales Tax (if applicable) Motorcycle Freight Total Retail Price Note:Prices subject to change without notice.Always verify accuracy of part pricing before submitting quotations. Final price is always determined by the selling authorized BMW Motorcyde dealer. Total Retail $505.68 $505.68 $0.00 $0.00 $0.00 $0.00 $112.73 $56.36 $92.90 $104.32 $104.32 $0.00 $0.00 $50.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 R 1200 RT-P Motor Pricing Form Additional Accessories Total Retail $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $218.82 $14.05 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 R 1200 RT-P Motor Pricing Form Additional Accessories Qty Item Description Per Additional Accessories Order #BMWP/N Retail Total Retail $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 so.co $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Police February 9, 2010 9 ✔ PUBLIC HEARING Consider approval of an ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Ordinance No. 2003-1030, providing for curfew hours for minors in the City of Coppell, Texas, for a period of three (3) years; and authorizing the Mayor to sign. In March of 2000 the City Council passed and adopted Ordinance No. 2000-906, which provides for "Curfew Hours for Minors" establishing such curfew hours and penalties for violations thereof. Chapter 370.002 of the Texas Local Government Code provides that the City Council shall review the Article and conditions the ordinance was intended to remedy three (3) years from its date of passage and every third year thereafter. In March 2003 and in February 2007 the City Council readopted and extended this Ordinance No. 2003-1030. The City of Coppell Police Department desires to continue Ordinance No. 2003-1010 without any modifications, and schedule the same for review in February 2013. Staff recommends approval. )Curfew Ordinance MEMORANDUM TO: Mayor and City Council Clay Phillips, City Manager Mario Canizares, Deputy City Manager XC: File FROM: Roy L Osborne, Chief of Police DATE: January 11, 2010 REF: Curfew Ordinance Extension This memorandum is attached to an agenda item requesting to extend the Curfew Ordinance for an additional three years as required by law. The Police Department has found this ordinance to be a useful tool to help not only the department, but the parents of Coppell. This ordinance allows our parents to provide a guideline for controlling the hours kept by their children under the age of 17. Over the last three years, our officers have issued ninety five (95) citations for violation of this ordinance, but more importantly we have used this ordinance to bring parents into the process to allow them an opportunity to work directly with the department and the Municipal Court to make sure their children are not only in compliance with the law, but in compliance with the rules of their home. While this ordinance extension is considered somewhat routine, failing to extend the ordinance may result in consequences that are less than routine. Your consideration of the ordinance extension is appreciated. Thank you. Page 1 40893 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, READOPTING, RATIFYING, REPUBLISHING AND EXTENDING ORDINANCE NO. 2003-1030, CODIFIED AS CHAPTER 9 OF THE CODE OF ORDINANCES, ARTICLE 9-17, CURFEW HOURS FOR MINORS, FOR A PERIOD OF THREE (3) YEARS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has previously passed and adopted Ordinance No. 2003- 1030, which provides for “Curfew Hours for Minors” establishing such curfew hours and penalties for violations thereof; and WHEREAS, the “Curfew Hours for Minors” was readopted by Ordinance No. 2007- 1158 on February 27, 2007; and WHEREAS, such Ordinance has been codified as Chapter 9, Article 9-17, Sections 9- 17-1 through 9-17-6, of the Code of Ordinances; and WHEREAS, Chapter 370.002 of the TEXAS LOCAL GOVERNMENT CODE, as amended, provides that the City Council shall review the Article and conditions the ordinance was intended to remedy three (3) years from its date of passage and every third year thereafter and conduct public hearings to determine the need to continue, modify or abolish the ordinance; and WHEREAS, prior to the expiration of such three (3) year period, the Police Department has furnished records and reports indicating the need for such ordinance to remain in effect; and WHEREAS, the City desires to continue the provisions of the Code without any modifications and schedule the same for review in February 2013. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Ordinance No. 2003-1030, and Ordinance No. 2007-1158 codified as Chapter 9, Article 9-17, Sections 9-17-1 through 9-17-6 of the Code of Ordinances is hereby readopted, ratified, republished and extended from the date of its execution and shall remain in effect through February 2013, unless otherwise terminated under the provisions of State law. Page 2 40893 SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, or section of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this ___ day of _______________, 2010. APPROVED: By: JAYNE PETERS, MAYOR ATTEST: By: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: By: ROBERT E. HAGER, CITY ATTORNEY (JDD/ajh 1/14/10) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING February 9, 2010 10 ✔ PUBLIC HEARING Consider approval of Case No. S-1250-PD-228-HC, Subway, a zoning change request from PD-228-HC (Planned Development-228-Highway Commercial) to S-1250-PD-228-HC (Special Use Permit-1250-Planned Development-228-Highway Commercial), to allow a 1,805-square-foot restaurant with drive-thru, to be located at 760 N. Denton Tap Road, Suite #100. The following P&Z conditions remain outstanding: 1. The development shall be in accordance with the Floor Plan, Site Plan, Elevations, Sign Plan, Menu Board Plan, and Vehicular Control Plan. 2. The hours of operation shall not exceed 6:30 a.m. to 10 p.m., seven days a week. On January 21, 2010 the Planning Commission unanimously recommended approval of this ZONING CHANGE subject to the above-stated conditions (6-0). Commissioners Frnka, Haas, Jett, Kittrell Sangerhausen and Tankersley voted in favor, none opposed. Staff recommends APPROVAL. @01 S-1250-PD-228-HC, SBWY- 1 AR ITEM # 4 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1250-PD-228-HC, Subway P&Z HEARING DATE: January 21, 2010 C.C. HEARING DATE: February 9, 2010 STAFF REP.: Matt Steer, City Planner LOCATION: 760 N. Denton Tap Road, #100 SIZE OF AREA: 1,805 square feet CURRENT ZONING: PD-228-HC (Planned Development-228-Highway Commercial) REQUEST: A zoning change to S-1250-PD-228-HC (Special Use Permit- 1250-Planned Development-228-Highway Commercial) to allow a 1,805-square-foot restaurant with drive-thru. APPLICANT: Applicant: Property Owner Tom Chapman Robert Dorazil TDC Enterprise L.P. (Subway) Coppell Crossing, L.P. P.O. Box 170 7001 Preston Road, Suite 500 Coppell, Texas 75019 Dallas, Texas 75205 Phone: 214-632-1912 Phone: 214-224-4644 Fax: 972-462-8381 Fax: 214-219-2080 HISTORY: In August 2007, a Conceptual Planned Development zoning change was granted on the 14-acre parcel allowing seven individual lots. A Detail Plan was approved for three of the lots in the first phase. This allowed for a 2,300-square-foot gas station/convenience store on 1.2 acres, a 69,800-square-foot Market Street grocery on 6.9 acres, and a 20,000-square-foot retail building on 2.9 acres, the subject site. In January 2008, a bank site was approved on a one acre pad site located directly on the northeast corner of State Highway 121 and Denton Tap Road, south of the gas station site. ITEM # 4 Page 2 of 3 TRANSPORTATION: Denton Tap Road is a P6D, six-lane divided concrete thoroughfare (120 feet of right-of-way). Highland Drive is in the City of Lewisville and has been developed to Lewisville standards in a 75-foot-right-of-way. State Highway 121 has been developed to freeway standards, contains one-way service roads, each 33 feet wide, within 450 feet of right-of-way. SURROUNDING LAND USE & ZONING: North – single-family residences/church; City of Lewisville South – gas station/convenience store; PD-228-HC (Planned Development-228-Highway Commercial) East – grocery store; PD-228-HC (Planned Development-228- Highway Commercial) West – vacant & office under construction; PD-240-HC & PD- 240R2-HC COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 as amended shows the property as suitable for regional retail uses. DISCUSSION: This request is to allow an 1,805-square-foot Subway restaurant with drive-thru to be located in the northern end of the recently constructed retail building located at 760 N Denton Tap Road. This restaurant will have 29 seats and a large kitchen/prep area. The hours of operation will not exceed 6:30 a.m. to 10 p.m., seven days a week. Parking: When the site plan was approved for this development, this site was well “over-parked” having 142 spaces; 37 spaces in excess of the tenant-mix that was anticipated. However, Lot 6 (Market Street) was “under-parked” by 16 spaces (only 385 provided). Therefore, if developed with the originally anticipated tenant-mix, there would be 21 extra spaces between the two sites. The attached parking analysis provided by the owner of the retail center indicates that there is an excess of 24 parking spaces with the actual tenant-mix of the retail building; therefore, today, with the addition of Subway, the two sites would have eight more spaces than required. ITEM # 4 Page 3 of 3 Signage/Exterior Elevations: When the elevations for the retail building were approved, specific signage locations and sizes were dictated. The two proposed 24- square-foot black signs (one on the west and one on the north) meet those specifications. The tenant name plate proposed for the existing monument sign is acceptable. The north elevation is being altered to accommodate a drive-thru window. This is depicted on the north elevation exhibit and will be very simple in design and will tie-in well with the existing window. Drive-Thru/Fire Lane/Stacking The drive-thru will be located on the north end of the building and the queuing will be to the east and south of the menu board. The drive-thru meets the ordinance requirements calling for five stacking spaces outside the fire lane from the first point of order. Where queuing could potentially go into the fire lane to the north, two “Do Not Enter” signs are shown on the islands at the northeastern and northwestern portion of the drive. A double- sided “Drive-Thru” arrow directional sign is proposed at the entry. The drive-thru directional arrows and notes will be painted as depicted. All and all, staff is in support of this request and is recommending approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1250-PD-228-HC, subject to the following conditions: 1. The development shall be in accordance with the Floor Plan, Site Plan, Elevations, Sign Plan, Menu Board Plan, and Vehicular Control Plan. 2. The hours of operation shall not exceed 6:30 a.m. to 10 p.m., seven days a week. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Floor Plan 2. Site Plan 3. North Elevation 4. Exterior Signage (3 pages) 5. Exterior Menu Board 6. Parking Analysis (2 pages) 7. Vehicular Control Plan (2 Pages) 30"x42"HIGH5A 6B 6B 6BRRL RL RM R FR BRBRBR30"x42"HIGH5A 6B 6B 6B 30"x42"HIGH5A 6B 6B 6BSTD MRH LH L R30"x42"HIGH 5A6B6B6BM CR LCR Subway #22524 760 N. Denton Tap Rd. @ Highland Dr. Coppell, TX R. Hayner Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code N/A Rick Sutton WEST (FRONT) ELEVATION N.T.S. Kristy Crep 01/06/10- REDUCED SIGN SIZES 26’-0” STOREFRONT 2’-4”(1) 20amp 120v dedicated circuit required 01 9881 10’-9”EQ EQ eqeq0912-022r1 01-06-10 2’-4” x 10’-9”= 24SINCESINCE of 00 Subway #22524 760 N. Denton Tap Rd. @ Highland Dr. Coppell, TX 0912-022r1 01-06-10R. Hayner Construct & Install Using Only U.L. Listed Components & In Accordance w/ National Electrical Sign Code N/A Rick Sutton WEST (FRONT) ELEVATION N.T.S. Kristy Crep 71’-0” STOREFRONT 2’-4”(1) 20amp 120v dedicated circuit required 02 9881 48’-0”eqeq10’-9” 2’-4” x 10’-9”= 24 RIGHT JUSTIFY SIGN WITH WINDOW SINCESINCE of 00 A FLAT CUT-OUT GRAPHICS FOR DOUBLE-FACE TENANT SIGNS .125” ALUM. F.C.O. PTD. BLACK & MTD. TO EXISTING BRICK MONUMENT w/SILICONE TENANT LETTERS SCALE: 1 ½”= 1’-0”6 ¼”3’-4 ½” PANEL 8 ½” PANELDOUBLE-FACE MONUMENT SIGNS N.T.S. Subway #22524 760 N. Denton Tap Rd. @ Highland Dr. Coppell, TX R. Hayner N/A Rick Sutton Kristy Crep 04 9881 FOUR SETS REQUIRED FOR TWO DOUBLE-FACE SIGNS ALL PANELS STREET SIDEDENTON TAP 121 BYPASS 2’-10” 6 ¼” x 2’-10”= 1.5 0912-022r1 01-06-10 SINCESINCE of 00 (2) SOUTHCO 1/4-20 FASTENERS PER DOOR (2) TRANSLITE BACKERS PER DOOR FORMED CLEAR S/G POLY. (2) TRANSLITES PER DOOR SUPPLIED BY CUSTOMER 22 GA. GALVANNEAL STEEL BACK PANEL 7.375 EXTRUDED ALUMINUM CABINET WITH STEEL INTERNAL YOKE MOUNTING STRUCTURE SPEAKER PANEL CUSTOMER TO SUPPLY SPEAKER/MIC GRILLE LOCATION(S) & SIZE REQUIREMENTS SPEAKER/MIC EQUIPMENT SUPPLIED BY OTHERS CUSTOMER TO SUPPLY ANY VINYL COPY OR LOGO REQUIREMENTS (2) EXTRUDED ALUMINUM SERVICE DOOR FRAMES LIFTING EYEBOLTS FOR INSTALLATION (2) 3" X 3" X 3/16" WALL STEEL DIRECT BURIAL MOUNTING POLES WITH 6" X 6" X 1/2" STEEL TOP PLATES TRANSLITE CARRIER CLEAR S/G POLY. WITH TRANSLITE MOUNTING RAILS AND OPAQUE BLACK MASKING(2) SERVICE DOOR WINDOWS CLEAR S/G POLY. ELECTRICAL SPECIFICATIONS: (2) ELECTRONIC FLUORESCENT BALLAST (4) FO32/741 T8 FLUORESCENT LAMPS TOTAL CONNECTED LOAD: 2.3 AMPS @ 120 VOLTS - 60 HZ FINISH: ALL EXPOSED SURFACES OF MENU BOARD CABINET, DOOR FRAMES AND MOUNTING POLES TO BE POWDER COATED PER CUSTOMERS COLOR SPECIFICATION NOTE: SIGN SHOWN IN TWIN POLE MOUNTING CONFIGURATION SAME CABINET IS USED FOR WALL MOUNT INSTALLATIONS 53.000 60.375 PER SITE CONDITIONS & CODES CONCRETE FOUNDATION SIZED SUBWAY 60.375 X 53.000 D/T MENU BOARD Pardeeville, Wi. 53954 401 South Main St. Everbrite 3/18/08JLB CKD DT TITLE DRN ORD 608-429-2121 P.O. Box 100 DT ---ITEM REVDRWG NRSCALE PP238541P-DT1:7 These drawings are the exclusive out express written permission of Everbrite, Inc. is prohibited. or duplication in any manner with- property of Everbrite, Inc. Use of, FILE R VIEWS & DIMENSIONS SHEET 1 OF 1 C:\Documents and Settings\jbrant\Desktop\New Briefcase\Pp238541p subway d-t menu bds\PP238541P-DT.SLDDWG FILE LOCATION - 27.250 87.625 57.000 CODES PER SITE CONDITIONS & 30.000 SUBWAY 1805 Drive-Thru Directional Signage I I II~ III III ~Im III I I I Alternative Directional Indicators: (Vehicle Stacking) Do Not 1. Painted Pavement = Enter Here, Do Not Enter, Drive Thru & Arrows ( Enter 2. Directional Signs to meet City Specifications (C::J). Fire Lane Stripes ( _ as'VWQ I I I I I I I I I I Cli I • ~ DRIVE THRU ¢::J --i'e o' ----- ). ga:a .:.~.~.=;;;...=.~ ........, 210' 140' RETAIL 20,200 S.F. FF= 474.00 ~~--~~ "1:.1..1"\1"1:. '\\ ' "-Of" r • , I ACCESS EStJ T. Y PL T ~ •I ~ WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING February 9, 2010 11 ✔ PUBLIC HEARING Consider approval of Case No. S-1033R3-SF-12, Manara Academy, a zoning change request from S-1033R2-SF-12 (Special Use Permit-1033 Revision 2-Single Family-12) to S-1033R3-SF-12 (Special Use Permit-1033 Revision 3-Single Family-12), to allow a Charter School for Grades K-8, with a enrollment capacity of 500, to continue to occupy this building through the 2014 school year, on 4.85 acres of property located at 140 S. Heartz Road. The P&Z Commission recommended approval with the following conditions: 1. This charter school shall be licensed and maintained in accordance with state law and may provide instruction for Kindergarten through Eighth (8th) grade. 2. The student enrollment capacity under this Special Use Permit shall not exceed five hundred (500) students. 3. Religious services and related activities shall be permitted to remain as an ancillary use. 4. On-site circulation shall be maintained and operated as depicted in Exhibit “F”, 2010-2014 Traffic Management Plan, which prohibits queuing on Heartz Road. 5. This Special Use Permit shall expire on June 30, 2014. 6. A ten foot (10’) no occupancy (no play zone) area from the south and eastern property lines shall be maintained, as illustrated on Exhibit “G”, attached to and made part of this ordinance. 7. This no occupancy zone has been established with cones or other appropriate physical barrier. Staff of the occupant will continue to instruct students, staff and parents concerning compliance in accordance with this condition. 8. School events or other extracurricular activities that occur during evening hours (after 5:00 p.m.), will be conducted on separate evenings to prohibit off-site parking on any adjacent or other streets and to minimize or eliminate the need for off-site parking. On January 21, 2010 the Planning Commission unanimously recommended approval of this ZONING CHANGE with the above-stated conditions (6-0). Commissioners Frnka, Haas, Jett, Kittrell Sangerhausen and Tankersley voted in favor, none opposed. Staff recommends APPROVAL. @02 S-1033R3-SF-12, MA-1 AR ITEM # 5 Page 1 of 6 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1033R3-SF-12, Manara Academy P&Z HEARING DATE: January 21, 2010 C.C. HEARING DATE: February 9, 2010 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 140 S Heartz Road SIZE OF AREA: 4.58 acres of property CURRENT ZONING: S-1033R2-SF-12 (Special Use Permit-1033 Revision 2-Single Family-12) REQUEST: A zoning change to S-1033R3-SF-12 (Special Use Permit-1033 Revision 3-Single Family-12), to allow a Charter School for Grades K-8th, with a enrollment capacity of 500, to continue to occupy this building through the 2014 school year. The church shall also be permitted to remain as a secondary use on this property. APPLICANT: Sadak Shaik Manara Academy 140 S. Heartz Road Coppell, Texas 75019 214-868-6472 FAX: 972-304-1150 HISTORY: In 1988, the Final Plat for Christ Our Savior Lutheran Church was approved by Council. November 1989, SUP-1033 was established for a church, nursery and school. On July 9, 1998, the Board of Adjustment approved a temporary shade structure over the playground which had padded metal poles instead of the required brick cladding. In January 1999, a revised site plan was approved to allow a building expansion for a sanctuary, fellowship hall and additional classrooms, essentially doubling the size of the structure. In September 1999, a Site Plan Amendment was approved allowing ITEM # 5 Page 2 of 6 the retention of the shade structure in the location as initially approved, subject to the support poles being clad with brick. On July 28, 2009 Council approved S-1033R2 for Manara Academy subject to the following conditions which were made a part of the Ordinance establishing this use: A) This charter school shall be licensed and maintained in accordance with state law and may provide instruction for Kindergarten through fifth (5th) grade. B) The student enrollment capacity under this Special Use Permit shall not exceed three hundred twenty-six (326) students. C) Religious services and related activities shall be permitted to remain as an ancillary use. D) The student transportation bus lane (bus loop), as illustrated on Exhibit “B”, Site Plan, shall be constructed after receiving necessary permits and prior to the issuance of a final Certificate of Occupancy. E) The Final Plat of Christ Our Savior Lutheran Church Addition shall be replatted to reflect the current configuration of the fire lanes and ingress and egress on Heartz Road. F) On-site circulation shall be constructed, maintained and operated as depicted in Exhibit “F”, 2009-2010 Traffic Management Plan, which prohibits queuing on Heartz Road. G) This Special Use Permit shall expire on June 30, 2010. H) A ten foot (10’) no occupancy (no play zone) area from the south and eastern property lines shall be established, as illustrated on Exhibit “G”, attached to and made part of this ordinance. This no occupancy zone will be established with cones or other appropriate physical barrier. Staff of the occupant shall instruct students and staff concerning compliance in accordance with this condition. I) School events or other extracurricular activities that occur during evening hours (after 5:00 p.m.), will be conducted on separate evenings to prohibit off-site parking on any adjacent or other streets, such as: Kindergarten through second (2nd) grade and third grade (3rd) through fifth grade (5th) or, may separate alphabetically by student last name, or other similar separation methods which would minimize or eliminate the need for off-site parking. TRANSPORTATION: Heartz Road is a C2U – 2-lane undivided street within 50 ft of R.O.W. with 37 feet of paving. ITEM # 5 Page 3 of 6 SURROUNDING LAND USE & ZONING: North - undeveloped; SF-12 South - Westbury Manor; PD-166-SF-7 East - Westbury Manor; PD-166-SF-7 West - Braewood West, 2nd Revision; SF-7 COMPREHENSIVE PLAN: The Comprehensive Plan indicates this area as appropriate for Public/Institutional uses. DISCUSSION: Manara Academy’s Charter was awarded by the State Board of Education on November 20, 2008, which permits instruction from kindergarten through 8th grade with a maximum enrollment of 500 students. An SUP was approved in July of last year to allow the first year of operation, grades K-5th with a maximum of 326 students. The current request is to allow the Academy to add a grade level each year over the next 3 years, as provided in their charter. By year four, there will be a maximum of 500 students and 50 employees, including teachers and support/administrative staff members. The hours of operation will continue to be Monday-Thursday 8:00 a.m. to 3:30 p.m. On Friday, school will begin at 8:00 a.m. and dismiss at 1:00 p.m. A major discussion item prior to granting the SUP to establish this use for the first year of operation, was traffic and it’s potential impact on the surrounding street system. To address this concern, the applicant’s engineer prepared a detailed Traffic Impact Analysis (TIA) for full build-out (maximum enrollment of 500 students). This study analyzed the proposed internal circulation patterns as well as capacities of the surrounding street system. The results of this study indicated that there was sufficient capacity on the surrounding street system to support this use and the Level of Service would not be negatively affected. Traffic counts were taken in April of 2008 and again on January 12, 2010. There was not an appreciable difference in the amount of traffic along Heartz Road. One caveat noted in the Traffic Impact Analysis by the applicant’s traffic engineer, and reiterated by the City’s consulting traffic engineer is that for the on-site system to work, the employees need to be well trained and parents need to be cooperative. To that end, during the first five months of operation, no queuing on Heartz was observed nor complaints received. ITEM # 5 Page 4 of 6 Concerns were expressed about the potential for dropping off and picking up students on the surrounding streets. There is a prohibition of parking (which by ordinance includes stopping and standing) along the east side of Heartz between Sandy Lake and Park Meadow Way. Prior to the opening of the Academy a similar parking prohibition was placed along London Way between Sandy Lake and 300 feet north of Westbury Drive on school days during peak drop off and pick up times. Since the school opened, only one complaint was received that a student was dropped off on one of these streets. Another concern expressed prior to the establishment of this SUP was that there would be parking on the surrounding streets in the evenings for special events. A condition of the SUP addressed that issue as follows: “School events or other extracurricular activities that occur during evening hours (after 5:00 p.m.), will be conducted on separate evenings to prohibit off-site parking on any adjacent or other streets and to minimize or eliminate the need for off- site parking”. Again, as of this date, only one complaint was received, and that was during their open house on August 21st. Casual observation at any of our elementary schools at open houses, meet the teacher or similar events, results in significant on-street parking blocks away from the school. Since the 1st day of operation until January 6, 2010, the city received approximately 100 complaints, expressed as Requests for Service though the city’s website which designated Manara Academy as the Problem Location . Of the those received: Approximately 60% were submitted as anonymous, and Approximately 30% were submitted by one household. The following is a summary of the types of complaints: • Approximately 42% related to trash and dumpster usage o The Environmental Health Officer responded to each complaint and the alleged violation (trash sticking out of dumpster, dumpster is overflowing, smell coming from the dumpster, bag of dog waste on London Way etc.) was not apparent. • Approximately 20% related to excessive noise from screaming/loud children, both on and off-site. o The Police and Planning Departments responded that these were not citable nor observable offences. • Approximately 15% related to cars speeding through the school zone. o Although this is not attributable to the operations of the school, directed enforcement was conducted by the ITEM # 5 Page 5 of 6 Police Department, which is standard operating procedure when complaints are received.. • There were several entries relating to the compliance with the internal Traffic Management Plan. o When city staff observed this operation it appeared to be compliant, and no written or verbal complaints of cars queuing on Heartz were received. • Finally, there were five Requests for Public Information, which were fulfilled by the Secretary’s Office in a timely manner. All of the Requests for Service were responded to by the appropriate city staff and have all been closed. In sum, this school has be operating in compliance with the regulations of the existing SUP, and continuation, with the increased enrollment for the next four school years, warrants a favorable recommendation, subject to the conditions as detailed below. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL OF S-1033R3, subject to the following conditions which will be made apart of the ordinance: A) This charter school shall be licensed and maintained in accordance with state law and may provide instruction for Kindergarten through eighth (8th) grade. B) The student enrollment capacity under this Special Use Permit shall not exceed five hundred (500) students. C) Religious services and related activities shall be permitted to remain as an ancillary use. D) On-site circulation shall be maintained and operated as depicted in Exhibit “F”, 2010-2014 Traffic Management Plan, which prohibits queuing on Heartz Road. E) This Special Use Permit shall expire on June 30, 2014. F) A ten foot (10’) no occupancy (no play zone) area from the south and eastern property lines shall be maintained, as illustrated on Exhibit “G”, attached to and made part of this ordinance. G) This no occupancy zone has been established with cones or other appropriate physical barrier. Staff of the occupant will continue to instruct students, staff and parents concerning compliance in accordance with this condition. H) School events or other extracurricular activities that occur during evening hours (after 5:00 p.m.), will be conducted on separate evenings to prohibit off-site parking on any adjacent or other streets and to minimize or eliminate the need for off-site parking. ITEM # 5 Page 6 of 6 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Letter from Scot A. Johnson, P.E., PTOE, Kimely-Horn 2. Site Plan 3. Floor Plan 4. Traffic Management Plan 5. Exhibit “G” – No Play Buffer Zone” 4342393837363433323130272625222118 1 7 1 6 1 5 1 4 1 3 1 2 11 10 9876 4140352928242320 19 NManara Academy TMP - December 14, 2009 EXHIBIT “G”This “buffer zone” will be marked with cones and students and staff will be instructed on compliance.10’ WIDE BUFFER ZONE WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING February 9, 2010 12 ✔ PUBLIC HEARING Consider approval of an application by Chesapeake Energy to expand the current pad site from 2.152 acres to 3.013 acres to allow the drilling and operation of up to four (4) additional gas wells on the site located north of Bethel Road, west of Creekview Drive, known as the Fellowship Property. Staff is recommending APPROVAL subject to: 1. Issuance of separate permits by the city of Coppell prior to the drilling activities of additional wells on this site. 2. The Erosion Control Plan for the site needs to be revisited. All erosion protection needs to be in compliance with the Erosion Control Plan and city ordinances. Operators shall clean any debris or dirt tracked onto city streets. 3. A Tree Removal permit will be required and a contribution to the City of Coppell Reforestation and Natural Areas Fund in the amount of $78,700.00 will be assessed. 4. Staff administratively reviewing and approving the final elevations of the screening wall prior to construction. 5. The construction of the west and north walls along the perimeter of the site being delayed until all drilling activities are complete, or December 2011, which ever occurs first. 6. If Fellowship Church removes trees from the abutting property, then the Tree Removal Permit would be conditioned upon planting a minimum of 33 replacement trees adjacent to this pad site as originally required. Staff recommends APPROVAL per conditions as outlined above. @03 Chesapeake- 1 AR Page 1 of 5 DATE: February 9, 2010 TO: Mayor and City Council FROM: Marcie Diamond, Assistant Director of Planning RE: Application by Chesapeake Energy to expand the current pad site from 2.152 acres to 3.013 acres to allow the drilling and operation of four (4) additional gas wells on the site located north of Bethel Road, west of Creekview Drive, known as the Fellowship Property. History ¾ On January 9, 2007, City Council adopted Ordinance No. 2007-1150 regulating gas drilling within the city limits of Coppell. ¾ On March 10, 2008, Council approved an application by Chesapeake Energy to drill and operate one gas well on the Fellowship Church property located north of Bethel Road, west of Creekview Drive, subject to: o A Tree Removal Permit being issued with the payment of $149,900 to the City of Coppell Reforestation and Natural Areas fund. ¾ On June 10, 2008 Council approved seven (7) additional wells on this pad site, subject to: o An eight (8) foot black vinyl coated chain link fence with required trees be in place prior to the commencement of drilling activities on this site. o The issuance of separate permits by the city of Coppell prior to the drilling activities of additional wells on this site. o The transportation route be reevaluated prior to the issuance of permits for any new well. ¾ On January 13, 2009, Council, after a lengthy public hearing, postponed a request by Chesapeake Energy to drill two gas wells on 3.1 acres of property west of Coppell Road, south of Canyon Drive, with a Final Phase Site Plan which indicated up to 9 additional wells, until February 10, 2009. o On February 4, 2009, the applicant withdrew this application, due in part, to neighborhood opposition. ¾ On April 28, 2009, Council amended Article 9-26 “Oil and Gas Drilling and Production” which increased the setbacks, notification area, screening requirements and incorporated various environmental regulations, including a noise management plan. Page 2 of 5 Current Application On December 28, 2009, staff received an application by Chesapeake Energy to expand the current pad site from 2.152 acres to 3.013 acres to allow the drilling and operation of up to four (4) additional gas wells, on the site located north of Bethel Road, west of Creekview Drive, known as the Fellowship Property. One of the requested wells, “Well 7H”, was previously approved however the permit expired, so it is included in this request. These wells have been permitted by the Railroad Commission (RRC). There are potentially four (4) more wells which are not yet permitted by the RRC, but anticipated. Ultimate build out is projected to be 14 wells on the Fellowship Church property. This submission is in accordance with the recently amended Ordinance, which, in part, requires a public hearing due to habitable structures being within 1,000 feet of the perimeter of the pad site, the existing chain link fence to be replaced with masonry wall, and the submission of a noise study as well as compliance with other environmental regulations. Public Hearing This well is within 1,000 feet of six (6) habitable structures (four in the City of Coppell and two in the City of Grapevine) and therefore, a public hearing is required. The notification of this hearing has been provided through: a sign placed on the property, notices in the Advocate two consecutive Fridays, and written notices sent to all property owners within 1,000 feet of the proposed wells, which included 15 property owners, six of which are within the city of Coppell. Review Comments On January 28, 2010 staff received a letter from Larry O. Hulsey (attached), stating compliance with state and city requirements, allowing the proposed gas wells. In addition to Mr. Hulsey’s review of the technical aspects of the application, various city departments also reviewed the application to insure compliance with other ordinances of the city of Coppell. o Tree Mitigation The expanded pad site will require the removal of 83 protected trees. The Tree Survey (Exhibit “H”) indicates the preservation of 10 trees north of the site, which will enhance the visual buffer from the north of this pad site. The preliminary mitigation calculations are as follows: Trees Removed: 894" Trees Preserved on site: 119" Total Trees on site: 1013" Preservation Percentage: 12% (119 divided by 1013) Preservation Credit: 107" (894 x 12%) Net Retribution: 787" (894" - 107") 787 x $100 = $78,700.00 Page 3 of 5 A Tree Removal permit will be required and a contribution to the City of Coppell Reforestation and Natural Areas Fund in the amount of $78,700.00 will be assessed. o Screening As previously noted, the amended Ordinance no longer allows chain link fencing. Therefore, this application includes an eight (8) foot solid masonry wall along the perimeter of the pad site. Given that this is located in the Light Industrial area, where the buildings are constructed of pre-cast concrete (tilt-wall), similar materials are proposed for this screening devise to be architecturally compatible with the surrounding developments. However, the specific design and materials have yet to be selected. The applicant will bring samples of the several masonry material options for this wall to the February 9th Public Hearing, and is requesting that staff administratively review and approve the final elevations and colors prior to construction. The Ordinance also requires that the wall be completed within 30 days of the first well going into production. The applicant is requesting a variance to a portion of this requirement. As detailed in the attached letter dated January 27th, Chesapeake’s lease agreement with the Fellowship Church calls for a reduction of the pad site to two acres (from the currently requested three acres) once all wells are in production. Therefore, Chesapeake is requesting to delay the construction of the west and north walls along the perimeter of the site until all drilling activities are complete, or December 2011, which ever occurs first. In support of this request, they submitted pictures indicating that there will be no visibility from Bethel Road to the south and west or the Fellowship property to the north due to the existing topography and vegetation. They proposed to retain their existing black coated chain link fence along these two sides until that time. Staff can support this request due to lack of visibility from rights-of-way and abutting properties in the city of Coppell. o Landscaping The ordinance continues to require the planting of evergreen trees around the perimeter of the site. When the initial seven wells were approved in 2008, it was determined that compliance with this provision of the Ordinance would actually necessitate the removal of existing mature trees. Therefore, as an alternative to planting the required 33 Red Cedar trees on-site they were planted within Wagon Wheel Park. In the event that Fellowship Church desires to remove (clear cut) trees from this property, then the Tree Removal Permit would be conditioned upon the planting of a minimum of 33 replacement trees adjacent to this pad site as originally required. Given that this drilling activity (four wells drilled since August 2008 and two currently being drilled) has not been a nuisance, and the city has not Page 4 of 5 received any complaints, additional drilling activity on this site appears to be appropriate. Related Issues Several broader issues have been in the media and in our neighboring cities regarding air quality and earthquakes. As discussed at the January 12, 2010, Work Session with Mr. Hulsey, the air quality issue has been addressed in the Texas Commission on Environmental Quality (TCEQ) study. Their initial findings released on the day of the Council Workshop stated that oil & gas air tests in Fort Worth found “No Cause for Concern”. On January 27, 2010 the TCEQ published their final results of this study. Attached are the TCEQ News Release and a summary of the findings as prepared by Chesapeake. In sum, the survey results supported TCEQ’s initial findings that production of natural gas in Tarrant County does not negatively impact the ambient air quality. TCEQ monitored 94 sites across five counties and found only two locations in Wise County (neither of them Chesapeake sites) that triggered immediate actions to reduce emissions. Both sites have been corrected by their operators. A related issue brought up at the January 12th Work Session was the potential cause and effect relationship between drilling activities and earthquakes. Attached to this staff report are a press release from the SMU Website, dated August 13, 2009 and Q&A prepared by Chesapeake. Preliminary results from the joint SMU/University of Texas study have indicated there is no correlation between natural gas drilling and fracturing activities and the minor earthquakes that have occurred over the last several months in North Texas. However, the report indicates a potential correlation between Chesapeake’s Salt Water Disposal (SWD) well at the southern end of the DFW airport and earthquakes. But more study is needed. No updated information is available at this time. The Q&A provides both basic information about Earthquakes, and some specific information relating to North Texas. We have discussed these issues with Mr. Larry Hulsey and he concurs with the conclusions as presented in this staff report. Staff Recommendation: Staff is recommending APPROVAL of the expansion of the current pad site acreage to 3.013 acres to allow the drilling and operation of four (4) additional gas wells subject to: 1. Issuance of separate permits by the city of Coppell prior to the drilling activities of additional wells on this site. 2. The Erosion Control Plan for the site needs to be revisited. All erosion protection needs to be in compliance with the Erosion Control Plan and city ordinances. Operators shall clean any debris or dirt tracked onto city streets. Page 5 of 5 3. A Tree Removal permit will be required and a contribution to the City of Coppell Reforestation and Natural Areas Fund in the amount of $78,700.00 will be assessed. 4. Staff administratively reviewing and approving the final elevations of the screening wall prior to construction. 5. The construction of the west and north walls along the perimeter of the site being delayed until all drilling activities are complete, or December 2011, which ever occurs first. 6. If Fellowship Church removes trees from the abutting property, then the Tree Removal Permit would be conditioned upon planting a minimum of 33 replacement trees adjacent to this pad site as originally required. Attachments: Letter from Larry O. Hulsey, dated January 28, 2010 Letter from Chesapeake dated January 27, 2010 Application package (68 pages) TCEQ Press Release “TCEQ Completes Study on Air Emission in Barnet Shale” (1-27-10) E-Mail from Chesapeake – Study Results Review (1-28-10) SMU Press Release “More Study Needed on North Texas Quakes” (8-13-09) Q&A on Earthquakes, prepared by Chesapeake Chesapeake Energy Corporation 100 Energy Way, Suite 1700 • Fort Worth, TX 76102 Phone: 817.502.5645 • Fax 817.945.5202 • dusty.anderson@chk.com January 27, 2010 Ms. Marcie Diamond City of Coppell Assistant Director of Planning 255 Parkway Blvd Coppell, TX 75019 Re: Variance Request for Gas Well Application for Andie P 1H, 2H, 3H, Fellowship 7H Dear Ms. Diamond: On January 22, 2010, Chesapeake received your request for the height, material, and color of the proposed screening wall as well as timing for it’s installation. With regard to that request, we would like to provide you with the following information. The screening wall will be eight feet in height. It will be constructed of a combination of brick and split face block, or other similar material, and will be neutral in color, with brown and beige as the dominant colors. Samples of the wall materials will be on hand at the city council meeting on February 9, 2010. After driving the area to attempt to find nearby walls that would be similar in nature, the only wall that could be found is near the pond on Fellowship Church’s property some 1500 feet north and west of the drilling pad. All other surrounding buildings are mostly grey with no walls surrounding them. It is our request that a variance be granted for the installation of the screening wall on the north and west sides. Due to the lease agreement with Fellowship Church, it is Chesapeake’s responsibility to shrink the pad to approximately two acres once the entire pad has been drilled. Chesapeake proposes installing the screening wall on the east and south sides of the pad site (along Creekview and along Bethel Road) 30 days after the first well going into production. After the site has been completely drilled, fractured and all wells are in production, the pad will be shrunk per the lease agreement and the screening wall will be built along the north and west sides of the pad. If the pad is not completely drilled by December, 2011, the walls will be installed at that time. Please see the attached photos of the Fellowship pad, that show the pad cannot be seen from the north and from the west, where the fencing material will remain chain link Dusty Anderson Manager – Field Permitting Chesapeake Energy Corporation 100 Energy Way, Suite 1700 • Fort Worth, TX 76102 Phone: 817.502.5645 • Fax 817.945.5202 • dusty.anderson@chk.com until the pad is completed. Please also see the attached photos of the proposed screening wall material. If you have any questions, please feel free to let me know. Sincerely, Dusty Anderson Enclosures: City of Coppell Permit Application Andie P 1H, 2H, 3H, Fellowship 7H Amended from the Fellowship Pad Chesapeake Energy Corporation 100 Energy Way • Fort Worth, TX 76102 Phone: 817.502.5000 • Fax 817.810.0450 • martin.johnson@chk.com Dusty Anderson Manager – Field Permitting December 11, 2009 City of Coppell Department of Planning 255 Parkway Boulevard Coppell, TX 75019 Attn: Marcie Diamond, AICP Re: Andie P 1H, 2H, 3H, Fellowship 7H, City of Coppell, TX Permits to Drill Dear Ms. Diamond: Chesapeake Operating, Inc. respectfully submits the following as application for a permit to drill the Andie P 1H, 2H, 3H, and Fellowship 7H, the surfaces to be located within the city limits of Coppell, Texas. 1) Date of Application: December 11, 2009 Type of Permit Requested: See Gas Well Permit Application 2) Legal Description of lease property: See Gas Well Permit Application, under Well Information 3) Transportation Route: Due to Creekview Drive being completed, we have changed the proposed transportation route, found as Exhibit A 4) Proposed Well Name(s): Andie P 1H, 2H, 3H, Fellowship 7H 5) Surface Owner(s): See Gas Well Permit Application 6) Mineral Lesse name and address: Fellowship of Las Colinas 3501 N. Macarthur Blvd. Irving, TX 75062-3636 7) Operator Info: See Gas Well Permit Application 8) Name of Individual to receive notice: See Gas Well Permit Application Page 2 City of Coppell Permit to Drill Andie P 1H, 2H, 3H, Fellowship 7H 9) Name of representative with supervisory authority over all gas operation site activities and 24-hour phone number: Same as above 10) Location and description of improvements and structures within 1000’ of the well: See attached Exhibit B. 11) Owner and address of each parcel of property within 1000’ of the proposed drill site: See attached Exhibit C. 12) Detailed Site Plan: Site Plans as well as Grading and Erosion Control Plans are attached showing the expanded pad site area. See attached Exhibit D. 13) Emergency Contact Information: See Gas Well Permit Application 14) Exact and correct acreage: Andie – 53.65 acres, Fellowship – 369.4 acres Four wells in this application 15) Copies of all reports required by Commission: See Exhibit E. 16) Road Repair Agreement: A road repair agreement has already been executed with the City of Coppell. 17) Public Utilities Required: There will be no public utilities required. 18) Water Source: Water for drilling and fracing operations will be obtained from DFW Airport and existing Chesapeake Frac facilities located on DFW Airport. 19) Railroad Commission Permit with attachments: See attached Exhibit E. 20) TCEQ Letter: See attached Exhibit F. 21) FAA Permit: See attached Exhibit G. 22) Hazardous Materials Management Plan: Not Applicable for an Amended Gas Well Application 23) Insurance and Security: According to Section 9-26-13 (E), The Operator who has a net worth of not less than $25,000,000, may substitute an acceptance and indemnity agreement in lieu of the bond and insurance requirements as set forth in this Ordinance, provided that it is in a form acceptable to and approved by the City Attorney. Chesapeake Energy Corporation 100 Energy Way • Fort Worth, TX 76102 Phone: 817.502.5000 • Fax 817.945.5202 • dusty.anderson@chk.com Page 3 City of Coppell Permit to Drill Andie P 1H, 2H, 3H, Fellowship 7H 24) Statement, under oath, signed by the Operator: See Gas Well Permit Application. 25) Gas Well Permit Fees: Four checks for $1,500 are enclosed 26) Tree Mitigation Plan/Tree Removal Permit: See attached Exhibit H for the Tree Removal Survey for the additional trees that will be removed due to an expanded pad area. Please let us know if you would prefer we plant additional trees in a City of Coppell Park or pay into the tree fund, since landscaping around this pad will be nearly impossible due to it’s sufficient tree cover on all four sides. 27) Acceptance and Indemnity Agreement: Not Applicable for an Amended Gas Well Application 28) Video: A new video was generated due to the change in route for this well. It can be found in the front pocket of the application notebook. 29) City Building Inspections Permit/Grading Permit: All applicable building inspections and grading permits were obtained when the first well on this pad was permitted; however, should additional construction permits be required for expanded pad area, please let us know. 30) Noise Management Plan: See attached Exhibit I 31) Notification of Surface Owners: If a city council hearing is required due to the expanded pad area, we will notify surface owners 15-30 days prior to the date of the public hearing. 32) Picture of Sign Posted: If a city council hearing is required due to the expanded pad area, we will notify surface owner 15 days prior to the date of the public hearing. 33) Newspaper Affidavit: If a city council hearing is required due to the expanded pad area, we will run the newspaper notice 15-20 days prior to the date of the public hearing. Chesapeake Energy Corporation 100 Energy Way • Fort Worth, TX 76102 Phone: 817.502.5000 • Fax 817.945.5202 • dusty.anderson@chk.com Chesapeake Energy Corporation 100 Energy Way • Fort Worth, TX 76102 Phone: 817.502.5000 • Fax 817.945.5202 • dusty.anderson@chk.com Page 4 City of Coppell Permit to Drill Andie P 1H, 2H, 3H, Fellowship 7H Should you have questions, please contact me by phone or email as shown below. Sincerely, Dusty Anderson RDA:lew Chesapeake Energy Corporation 100 Energy Way, Suite 1700 • Fort Worth, TX 76102 Phone: 817.502.5645 • Fax 817.945.5202 • dusty.anderson@chk.com January 19, 2010 Ms. Marcie Diamond City of Coppell Assistant Director of Planning 255 Parkway Blvd Coppell, TX 75019 Re: Review of Gas Well Application for Andie P 1H, 2H, 3H, Fellowship 7H Dear Ms. Diamond: On January 8, 2010, Chesapeake received formal City of Coppell comments in regards to the review of the gas well application for the Andie P 1H, 2H, 3H, Fellowship 7H. City comments and Chesapeake responses are noted below: Comment: 1. Exhibit D: Needs to be revised/updated to: a. Indicate solid screening wall, (8 to 10 foot in height) as required by current ordinance. b. Unless the Austrian Pines are to be planted with this next phase of drilling, remove them from the plan. c. Provide a perspective drawing to ensure that the separators, tanks, and any other permanent equipment will be visually screened from adjacent rights-of-way. It appears that there is topography which provides a natural buffer between this site and Bethel Road, however, with this expanded pad site, adequate screening from Creekview will also be required. Plantings may be required in addition to the solid screening wall. d. The existing separators and tanks are not in the same location as approved on the production/plan well layout approved fro the first six Fellowship wells, please submit a revised/corrected site plan. e. Verify that the proposed production plan is correct for existing and future wells. Response: The comment has been addressed. The drilling site plan and production site plan have been revised to include a solid screening wall instead of a Dusty Anderson Manager – Field Permitting Chesapeake Energy Corporation 100 Energy Way, Suite 1700 • Fort Worth, TX 76102 Phone: 817.502.5645 • Fax 817.945.5202 • dusty.anderson@chk.com chain link fence. The Austrian Pines have also been removed from the plans. The existing separators and tanks are not in the same location as previously approved because they will have to be relocated due to the additional row of wells being added to the Fellowship pad. The production site plan was created by the Production Foreman who will be overseeing the move of equipment and is correct for existing and future wells, as all existing equipment will be moved to a new location. Please find the revised site plans as an attachment to the comment/response memo. Comment: 2. Tree Survey/Mitigation: a. Tree # 3557 (8’ Mesquite) on the survey is not protected. b. Revised total caliper inches is 1013. c. Fee is $100 per inch for trees removed. d. Total retribution due will be $101,300. Response: The comment has been addressed. The surveyor has trees surveyed in that will not be removed with the extension of the pad site. Therefore, we have removed those trees from the plan so as to not cause any confusion, and have also removed the 8’ Mesquite. That leaves 894 caliper inches to be removed for a total of $89,400 in mitigation fees. If the city agrees on this amount, we will bring the check to the city once city council approves the wells and expanded pad area. Please find a revised tree survey as an attachment to the comment/response memo. Sincerely, Dusty Anderson Enclosures: (1) Drill Site Plan (2) Production Site Plan (3) Perspective Drawing (4) Tree Survey Fellowship 7H Andie P 1H-3H Grapevine CoppellSH 121Creekview BethelBass Pro I 635Grapevine MillsExit 36B C o u n ty LineDrivewayRoyalSH 26InternationalELLIS DALLAS TARRANT JOHNSON WISE HOOD DENTON Plano Irving Dallas Garland MesquiteArlington Fort Worth Carrollton Grand Prairie3020 45 67 75 287 77 67 Legend Wellhead Locations Emergency Transportation 0 350 700 1,050 1,400175 Feet X:\GIS\Fort Worth\Permitting\Permit Exhibits\Fellowship 7H Andie P 1H Andie P 2H\MXDs\Fellowship 7h Andie P1H-P3H Transportation Route.mxd Fellowship 7H Andie P 1H-3H - Transportation Route From 121 go east on Bass Pro/Bethel Rd. for .58 miles,then north on Creekview for .18 miles and the site entrance will be on the left. 0.42 Total Miles Traveled in Grapevine Projection: Absolute Scale: Analyst: Date: Relative Scale: Texas State Plane NAD 27 North Central Zone (4202) 1:8,400 1 inch = 700 feet Fellowship 7H Andie P 1H-3H Transportation Route Leslie Hernandez 11/30/2009 Fellowship Pad Site Previous Pad Site(2.152 Acres)Extended Pad Site(3.013 Acres) 250' 350'375'375'467' 471'782'805'903' 907' ELLIS DALLAS TARRANT JOHNSON WISE HOOD DENTON Plano Irving Dallas Garland MesquiteArlingtonFort Worth Carrollton Grand Prairie3020 45 67 75287 77 67 Legend Wellhead Locations Pad Site Location Additional Pad Area - .861 Acres 0 250 500 750 1,000125Feet X:\GIS\Fort Worth\Permitting\Permit Exhibits\Fellowship 7H Andie P 1H Andie P 2H\MXDs\Fellowship Pad Site.mxd Projection: Absolute Scale: Analyst: Date: Relative Scale: Texas State Plane NAD 27 North Central Zone (4202) 1:6,000 1 inch = 500 feet Fellowship Pad Site Padsite Expansion Leslie Hernandez 12/16/2009 Andie P3H Fellowship 7H Andie P4H Andie P5H Andie P6H Andie P7HAndie P2H Andie P1H Fellowship 2H Fellowship 5H Fellowship 1H Fellowship 6H Fellow ship 4H Fellow ship 3H Fellowship Pad - Well Layout Fellowship Pad Site 1000 Ft DALLAS TARRANT ELLISJOHNSON DENTONWISE Plano Irving Dallas Garland MesquiteArlingtonFort Worth Carrollton 30 35 45 635 75 67 287 Legend Wellhead Locations Well & Pad Buffers Identified Structures Pad Site Locations 0 200 400 600 800100Feet X:\GIS\Fort Worth\Permitting\Permit Exhibits\Fellowship 7H Andie P 1H Andie P 2H\MXDs\Fellowship Padsite Structures 1000.mxd Projection: Absolute Scale: Analyst: Date: Relative Scale: Texas State Plane NAD 27 North Central Zone (4202) 1:4,800 1 inch = 400 feet Fellowship Pad Site Structures Within 1000' Leslie Hernandez 12/30/2009 Fellowship Pad Site 1000 Ft800 Ft 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DALLAS TARRANT ELLISJOHNSON DE NTONWISE Plano Irving Dallas Garland MesquiteArlingtonFort Worth Carrollton 30 35 45 635 75 67 287 Legend Wellhead Locations Well & Pad Buffers Pad Site Locations GISCHK OWNERSHIP 0 200 400 600 800100Feet X:\GIS\Fort Worth\Permitting\Permit Exhibits\Fellowship 7H Andie P 1H Andie P 2H\MXDs\Fellowship Padsite Owners 1000.mxd Projection: Absolute Scale: Analyst: Date: Relative Scale: Texas State Plane NAD 27 North Central Zone (4202) 1:4,800 1 inch = 400 feet Fellowship Pad Site Owners Within 1000' Leslie Hernandez 12/29/2009 542544 522 526540 524 530528 53253 4 536542 538544 546 550 554540 556 550542554538552512 540 514 528 528514516 516 5 1 8 532538528518520 532 536 538 516 534 514 516 516 518520518 540516 526518 520530536524 540538522 542 542 53253453653854 0 522 5265 2 4 532536538 540542 54 4 544 544 542 WB 6H PROPOSED AC C E S S R O A D 8% MAX. SLOPE LIMIT OF GRADING 539.0 537.1 540.3 542.1 X XX 1. 0 0 % A L O N G D I A G O N A L O F T H E P A D S I T E 16’ x 270’ (+/-) ROAD CONSTRUCTED OF 8" TxDOT TYPE B FLEX BASE FLOODP L A I N L I M I T SIDE SLOPE 3:1 (TYPICAL)TARRANT COUNTYDALLAS COUNTYCITY OF GRAPEVINECITY OF COPPELL50’ x 16’ STABILIZED CONSTRUCTION EXIT PER CITY OF COPPELL STANDARD LIMIT OF GRADING INSTALL PROTECTIVE FENCE AROUND TREES TO REMAIN INSTALL PROTECTIVE FENCE AROUND TREES TO REMAIN INSTALL PROTECTIVE FENCE AROUND TREES TO REMAIN INSTALL PROTECTIVE FENCE AROUND TREES TO REMAIN SIDE SLOPE 2.5:1 MAX THIS AREA ah2339HALFFi:\24000s\24521\CADD\Fellowship 6H\24521-Line of Site.dgn1/18/20103:08:23 PMSheet Number Sheet Title Checked By: Drawn By:JLC Project No.:24521 Issued: Scale:AS NOTED1201 NORTH BOWSER ROADRICHARDSON, TEXAS 75081-2275TEL (214) 346-6200FAX (214) 739-0095CHESAPEAKE OPERATING, INC.1 / 13 / 2010 ME LOCATION MAP N.T.S. N PROJECT LOCATION Creek BUFFA L O S Q U I RR E LMOO S E ELK TR A I LCITY LIMIT O L D F O R T W O R T H 287 FELLOWSHIP PROJECTCOPPELL, TEXASGRADING PLAN GRADING PLAN542544 522 526540 524 530528 53253 4 536542 538546 550 554540 550542554538552512 540 514 528 528514516 516 5 1 8 520 532538528 514516 518 518 520 532 524 518 536 538 516 534 514 516 516 518520518 540516 522 526518 520530524536524528534 540538526530522 542 542 542 53253453653854 0 522 5265 2 4 532536538 540542 54 4 544 544 542 WB 6H PROPOSED AC C E S S R O A D 8% MAX. SLOPE LIMIT OF GRADING 539.0 537.1 540.3 542.1 X XX 1. 0 0 % A L O N G D I A G O N A L O F T H E P A D S I T E 16’ x 270’ (+/-) ROAD CONSTRUCTED OF 8" TxDOT TYPE B FLEX BASE FLOODP L A I N L I M I T SIDE SLOPE 3:1 (TYPICAL)TARRANT COUNTYDALLAS COUNTYCITY OF GRAPEVINECITY OF COPPELL50’ x 16’ STABILIZED CONSTRUCTION EXIT PER CITY OF COPPELL STANDARD LIMIT OF GRADING INSTALL PROTECTIVE FENCE AROUND TREES TO REMAIN INSTALL PROTECTIVE FENCE AROUND TREES TO REMAIN INSTALL PROTECTIVE FENCE AROUND TREES TO REMAIN INSTALL PROTECTIVE FENCE AROUND TREES TO REMAIN SIDE SLOPE 2.5:1 MAX THIS AREA ah2339HALFFi:\24000s\24521\CADD\Fellowship 6H\24521-Line of Site.dgn1/18/20103:08:23 PMSheet Number Sheet Title Checked By: Drawn By:JLC Project No.:24521 Issued: Scale:AS NOTED1201 NORTH BOWSER ROADRICHARDSON, TEXAS 75081-2275TEL (214) 346-6200FAX (214) 739-0095CHESAPEAKE OPERATING, INC.1 / 13 / 2010 ME LOCATION MAP N.T.S. N PROJECT LOCATION Creek BUFFA L O S Q U I RR E LMOO S E ELK TR A I LCITY LIMIT O L D F O R T W O R T H 287 FELLOWSHIP PROJECTCOPPELL, TEXASGRADING PLAN GRADING PLANLINE OF SITE VIEW #1 CAB JME GROUND LEVEL ELEVATION IS 542’ GROUND LEVEL ELEVATION IS 543’ VIEW #2 LOOKING NORTHEAST FROM BASS PRO DRIVE 547.5’’ (EYE LEVEL FOR A 5’ 10" PERSON) 548.5’ (EYE LEVEL FOR A 5’ 10" PERSON) LINE OF SITE VIEW #2 ah2339HALFFi:\24000s\24521\CADD\Fellowship 6H\24521-Line of Site.dgn1/18/20103:08:23 PMSheet Number Sheet Title Checked By: Drawn By: Project No.:24521 Issued: Scale:AS NOTED1201 NORTH BOWSER ROADRICHARDSON, TEXAS 75081-2275TEL (214) 346-6200FAX (214) 739-0095CHESAPEAKE OPERATING, INC.1 / 18 / 2010 FELLOWSHIP PROJECTCOPPELL, TEXAS538 540 541 542 BASS PRO DRIVE CREEKVIEW DRIVE541541 542 544 VIEW #1 LOOKING WEST FROM CREEKVIEW DRIVE 539 541 542 540 539 538 PROPOSED PRODUCTION EQUIPMENT LOCATION CREEKVIEW DRIVEPROPOSED PRODUCTION EQUIPMENT LOCATION LINE OF SIGHT OF A 5’ 10" PERSON STANDING AT CREEKVIEW DRIVE 445’ FROM THE PROPOSED PRODUCTION SITE LINE OF SIGHT OF A 5’ 10" PERSON STANDING AT BASS PRO DRIVE 656’ FROM THE PROPOSED PRODUCTION SITE BASE OF WALL ELEVATION 541’ TANKS ARE 8 FEET TALL BY 10 FEET IN DIAMETER GROUND ELEVATION FOR TANKS IS 540’. TOP OF TANK ELEVATION IS 548’. 8 FOOT MASONRY WALL TOP ELEVATION 549’ BASE OF WALL ELEVATION 541’ 2.1’ CLEARANCE FROM THE LINE OF SITE TO THE FIRST TANK TANKS ARE 8 FEET TALL BY 10 FEET IN DIAMETER GROUND ELEVATION FOR TANKS IS 540’. TOP OF TANK ELEVATION IS 548’. LINE OF SITE VIEW #1 LINE OF SITE VIEW #2 0.3’ CLEARANCE FROM THE LINE OF SITE TO THE FIRST TANK NOTE: SEPARATORS ARE 5 FEET IN HEIGHT AND WELLHEADS ARE 7 FEET IN HEIGHT. BOTH OF WHICH WILL NOT BE VISIBLE FROM VIEW #1 OR VIEW #2. ELEVATION CONTOURS TAKEN FROM THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 2001 DIGITAL AERIAL PHOTOGRAPHY USING LIGHT DETECTION AND RANGING (LIDAR). WOODED AREA PER 2007 LANDISCOR AERIAL WOODED AREA PER 2007 LANDISCOR AERIAL BASS PRO DRIVE LINE OF SITE EXHIBITLINE OF SITE EXHIBITTREES ARE SHOWN AT AN AVERAGE HEIGHT OF 10’ TALL (LOCATION AND DIMENSIONS ARE APPROXIMATE) TREES ARE SHOWN AT AN AVERAGE HEIGHT OF 10’ TALL (LOCATION AND DIMENSIONS ARE APPROXIMATE) 8 FOOT TALL MASONRY WALL ELEVATION 549’ Permit Invalidation.It is the operator s responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated. PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Permit expiration. This permit expires two (2) years from the date of issuance shown on the original permit. The permit period will not be extended. Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit. Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision Rule 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under Rule 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, Filing of Documents, and/or Section 1.4, Computation of Time, the permit may be deemed invalid. Before Drilling Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable-quality water, as defined by the Texas Commission on Environmental Quality (TCEQ). Before drilling a well, the operator must obtain a letter from the Texas Commission on Environmental Quality stating the depth to which water needs protection, Write: Texas Commission on Environmental Quality (Surface Casing-MC151), P.O. Box 13087, Austin, TX 78711-3087. File a copy of the letter with the appropriate district office. During Drilling Permit at Drilling Site. A copy of the Form W-1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations. *Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number. Completion and Plugging Reports Producing Well. Statewide Rule 16 states that the operator of a well shall file with the Commission the appropriate completion report within thirty (30) days after completion of the well or within ninety (90) days after the date on which the drilling operation is completed, whichever is earlier. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P-15s (if required) must be submitted with no double assignment of acreage. Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non-commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one-year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2). CONDITIONS AND INSTRUCTIONS Intention to Plug. The operator must file a Form W-3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the district director or the directors delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures. *Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Texas Commission on Environmental Quality letter. The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications. DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISION PHONE (512) 463-6751 MAIL: PO Box 12967 Austin, Texas, 78711-2967 Page 1 of 2 Railroad Commission of Texas *NOTIFICATION 09 1H 7,21653.65 -------------------------------------------------------------------- -------- --------- ------- --- ** NEWARK, EAST (BARNETT SHALE) ANDIE P ------------------------------------------------------- WELLBORE PROFILE(s) FOR FIELD: Horizontal ------------------------------------------------------- 55 373 RESTRICTIONS:Lateral: TH1 Penetration Point Location Lease Lines: 55.0 F W L 794.0 F N L Terminus Location BH County: DALLAS Section: Block: Abstract: 1753 Survey: THWEATT, J T Lease Lines: 330.0 F E L 359.0 F S L Survey Lines: 13.0 F W L 32.0 F N L ' ** ' PRECEDING FIELD NAME INDICATES RULE (R37) THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If this well is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in salt formations, a permit for that specific purpose must be obtained from Environmental Services prior to construction, including drilling, of the well in accordance with Statewide Rules 81, 95, and 97. RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION PERMIT TO DRILL, DEEPEN, PLUG BACK, OR RE-ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Page 2 of 2 Section, Block and/or Survey (903) 984-3026 NOTICE This permit and any allowable assigned may be revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No: FIELD(s) and LIMITATIONS: PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT WELLBORE PROFILE(S)TYPE OF OPERATION ACRES ANDIE P 1H DISTANCE TO SURVEY LINES DISTANCE TO NEAREST LEASE LINE See FIELD(s) Below687 ft. E (OFF LEASE) 769 ft. S (OFF LEASE) Nov 24, 200942-113-30197 DALLAS 05687872 Nov 25, 2009 53.65HorizontalNEW DRILL 55 ft.687 ft. E 769 ft. S 22 miles NE direction from FORT WORTH 9000 CHESAPEAKE OPERATING, INC. 147715OPERATOR 1716SECTION155BLOCK ABSTRACT GIBSON, JSURVEY DISTANCE TO NEAREST WELL ON LEASEDISTANCE TO LEASE LINES LOCATION TOTAL DEPTH LEASE NAME WELL NUMBER API NUMBER FORM W-1 RECEIVED COUNTY Data Validation Time Stamp:Nov 25, 2009 10:48 AM( 'As Approved' Version ) ATTN CHRISTIAN COMBS PO BOX 18496 OKLAHOMA CITY, OK 73154 ** THIS PERMIT IS GRANTED PURSUANT TO STATEWIDE RULE 37(h)(2)(B) ** CASE NO. 0263824 FIELD NAME ACRES DEPTH WELL # DIST LEASE NAME NEAREST LEASE NEAREST WE X Yes Yes NoXYesXNo This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION FORM W-1 07/2004API No.42-113-30197 SWR Exception Case/Docket No. 0263824 (R37) 4. Lease Name CHESAPEAKE OPERATING, INC.147715 ANDIE P 5. Well No. 1H 6. Purpose of filing (mark ALL appropriate boxes): 7. Wellbore Profile (mark ALL appropriate boxes): X New Drill Recompletion Reclass Field Transfer Re-Enter Amended Amended as Drilled (BHL) (Also File Form W-1D) 11. RRC District No. 05 12. County DALLAS 13. Surface Location X Land Bay/Estuary 22 NE Fort Worth 155 15. Section 16. Block 17. Survey GIBSON, J 18. Abstract No. A-1716 19. Distance to nearest lease line: 55 20. Number of contiguous acres in lease, pooled unit, or unitized tract:53.65 ft. 687 E 769 S 687 E (OFF LEASE)769 S (OFF LEASE) Drilling Permit # 687872 SURFACE LOCATION AND ACREAGE INFORMATION GENERAL INFORMATION ft from the line and ft from the line.21. Lease Perpendiculars: 14. This well is to be located miles in a direction from which is the nearest town in the county of the well site. Offshore Inland Waterway 8. Total Depth 9000 9. Do you have the right to develop the minerals under any right-of-way ?10. Is this well subject to Statewide Rule 36 (hydrogen sulfide area)? Vertical Sidetrack Directional (Also File Form W-1D)X Horizontal (Also File Form W-1H) 2. Operator's Name (as shown on form P-5, Organization Report)1. RRC Operator No.3. Operator Address (include street, city, state, zip): RRC Use Only Name of filer Phone E-mail Address (OPTIONAL) Nov 24, 2009 Date submitted Bill Spencer (512)9181062 ApprovedPermit Status: FIELD INFORMATION List all fields of anticipated completion including Wildcat. List one zone per line. 29. Well Type28. Field Name (exactly as shown in RRC records)26. RRC District No. 27. Field No.32. Number of Wells on this lease in this Reservoir 31. Distance to Nearest Well in this Reservoir 30. Completion Depth Gas Well NEWARK, EAST (BARNETT SHALE)09 65280200 2373.00 7216 Remarks Certificate: I certify that information stated in this application is true and complete, to the best of my knowledge. BOTTOMHOLE LOCATION INFORMATION is required for DIRECTIONAL, HORIZONTAL, AND AMENDED AS DRILLED PERMIT APPLICATIONS (see W-1H attachment) Page 1 of 2 22. Survey Perpendiculars: ft from the line and ft from the line. [FILER Nov 24, 2009 8:27 AM]: COI is the only affected offset operator; [RRC STAFF Nov 24, 2009 2:53 PM]: There have been problems identified with this permit (see problem letter attachment). Notification sent.; [RRC STAFF Nov 25, 2009 10:13 AM]: Problems identified with this permit are resolved. bgsaustin@sbcglobal.net Data Validation Time Stamp:Nov 25, 2009 10:48 AM( 'As Approved' Version ) 23. Is this a pooled unit?24. Unitization Docket No:No ATTN CHRISTIAN COMBS PO BOX 18496 OKLAHOMA CITY, OK 73154 Yes25. Are you applying for Substandard Acreage Field? (attach Form W-1A)NoX 5. Field as shown on Form W-1 6. Section 7. Block 8. Survey 9. Abstract 10. County of BHL THWEATT, J T 1753 DALLAS 12. Terminus Survey Line Perpendiculars 13. Penetration Point Lease Line Perpendiculars ft. from the line. and ft. from the line55W794N 11. Terminus Lease Line Perpendiculars ft. from the line. and ft. from the lineE330359S NEWARK, EAST (BARNETT SHALE) (Field # 65280200, RRC District 09) 13 W 32 N ft. from the line. and ft. from the line 1H Form W-1H Supplemental Horizontal Well Information 07/2004RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. Permit Status: The RRC has not approved this application. Duplication or distribution of information is at the user's own risk. Approved Lateral Drainhole Location Information Permit # Approved Date: 687872 Nov 25, 2009 2. Operator's Name (exactly as shown on form P-5, Organization Report)1. RRC Operator No.3. Lease Name CHESAPEAKE OPERATING, INC.147715 4. Well No. ANDIE P Page 2 of 2 Permit Invalidation.It is the operator s responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated. PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Permit expiration. This permit expires two (2) years from the date of issuance shown on the original permit. The permit period will not be extended. Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit. Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision Rule 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under Rule 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, Filing of Documents, and/or Section 1.4, Computation of Time, the permit may be deemed invalid. Before Drilling Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable-quality water, as defined by the Texas Commission on Environmental Quality (TCEQ). Before drilling a well, the operator must obtain a letter from the Texas Commission on Environmental Quality stating the depth to which water needs protection, Write: Texas Commission on Environmental Quality (Surface Casing-MC151), P.O. Box 13087, Austin, TX 78711-3087. File a copy of the letter with the appropriate district office. During Drilling Permit at Drilling Site. A copy of the Form W-1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations. *Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number. Completion and Plugging Reports Producing Well. Statewide Rule 16 states that the operator of a well shall file with the Commission the appropriate completion report within thirty (30) days after completion of the well or within ninety (90) days after the date on which the drilling operation is completed, whichever is earlier. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P-15s (if required) must be submitted with no double assignment of acreage. Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non-commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one-year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2). CONDITIONS AND INSTRUCTIONS Intention to Plug. The operator must file a Form W-3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the district director or the directors delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures. *Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Texas Commission on Environmental Quality letter. The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications. DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISION PHONE (512) 463-6751 MAIL: PO Box 12967 Austin, Texas, 78711-2967 Page 1 of 2 Railroad Commission of Texas *NOTIFICATION 09 2H 7,21653.65 -------------------------------------------------------------------- -------- --------- ------- --- NEWARK, EAST (BARNETT SHALE) ANDIE P ------------------------------------------------------- WELLBORE PROFILE(s) FOR FIELD: Horizontal ------------------------------------------------------- 333 0 RESTRICTIONS:Lateral: TH1 Penetration Point Location Lease Lines: 375.0 F W L 429.0 F N L Terminus Location BH County: DALLAS Section: Block: Abstract: 1655 Survey: DUNAGAN, C S Lease Lines: 333.0 F E L 525.0 F N L Survey Lines: 11.0 F W L 453.0 F S L THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If this well is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in salt formations, a permit for that specific purpose must be obtained from Environmental Services prior to construction, including drilling, of the well in accordance with Statewide Rules 81, 95, and 97. RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION PERMIT TO DRILL, DEEPEN, PLUG BACK, OR RE-ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Page 2 of 2 Section, Block and/or Survey (903) 984-3026 NOTICE This permit and any allowable assigned may be revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No: FIELD(s) and LIMITATIONS: PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT WELLBORE PROFILE(S)TYPE OF OPERATION ACRES ANDIE P 2H DISTANCE TO SURVEY LINES DISTANCE TO NEAREST LEASE LINE See FIELD(s) Below687 ft. E (OFF LEASE) 777 ft. S (OFF LEASE) Sep 29, 200942-113-30194 DALLAS 05685615 Sep 29, 2009 53.65HorizontalNEW DRILL 333 ft.687 ft. E 777 ft. S 0 miles Within direction from COPPELL 9000 CHESAPEAKE OPERATING, INC. 147715OPERATOR 1716SECTION155BLOCK ABSTRACT GIBSON, JSURVEY DISTANCE TO NEAREST WELL ON LEASEDISTANCE TO LEASE LINES LOCATION TOTAL DEPTH LEASE NAME WELL NUMBER API NUMBER FORM W-1 RECEIVED COUNTY Data Validation Time Stamp:Sep 29, 2009 12:48 PM( Current Version ) ATTN CHRISTIAN COMBS PO BOX 18496 OKLAHOMA CITY, OK 73154 FIELD NAME ACRES DEPTH WELL # DIST LEASE NAME NEAREST LEASE NEAREST WE X Yes Yes NoXYesXNo This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION FORM W-1 07/2004API No.42-113-30194 SWR Exception Case/Docket No. 4. Lease Name CHESAPEAKE OPERATING, INC.147715 ANDIE P 5. Well No. 2H 6. Purpose of filing (mark ALL appropriate boxes): 7. Wellbore Profile (mark ALL appropriate boxes): X New Drill Recompletion Reclass Field Transfer Re-Enter Amended Amended as Drilled (BHL) (Also File Form W-1D) 11. RRC District No. 05 12. County DALLAS 13. Surface Location X Land Bay/Estuary 0 Within Coppell 155 15. Section 16. Block 17. Survey GIBSON, J 18. Abstract No. A-1716 19. Distance to nearest lease line: 333 20. Number of contiguous acres in lease, pooled unit, or unitized tract:53.65 ft. 687 E 777 S 687 E (OFF LEASE)777 S (OFF LEASE) Drilling Permit # 685615 SURFACE LOCATION AND ACREAGE INFORMATION GENERAL INFORMATION ft from the line and ft from the line.21. Lease Perpendiculars: 14. This well is to be located miles in a direction from which is the nearest town in the county of the well site. Offshore Inland Waterway 8. Total Depth 9000 9. Do you have the right to develop the minerals under any right-of-way ?10. Is this well subject to Statewide Rule 36 (hydrogen sulfide area)? Vertical Sidetrack Directional (Also File Form W-1D)X Horizontal (Also File Form W-1H) 2. Operator's Name (as shown on form P-5, Organization Report)1. RRC Operator No.3. Operator Address (include street, city, state, zip): RRC Use Only Name of filer Phone E-mail Address (OPTIONAL) Sep 29, 2009 Date submitted Bill Spencer (512)9181062 ApprovedPermit Status: FIELD INFORMATION List all fields of anticipated completion including Wildcat. List one zone per line. 29. Well Type28. Field Name (exactly as shown in RRC records)26. RRC District No. 27. Field No.32. Number of Wells on this lease in this Reservoir 31. Distance to Nearest Well in this Reservoir 30. Completion Depth Oil or Gas Well NEWARK, EAST (BARNETT SHALE)09 65280200 10.00 7216 Remarks Certificate: I certify that information stated in this application is true and complete, to the best of my knowledge. BOTTOMHOLE LOCATION INFORMATION is required for DIRECTIONAL, HORIZONTAL, AND AMENDED AS DRILLED PERMIT APPLICATIONS (see W-1H attachment) Page 1 of 2 22. Survey Perpendiculars: ft from the line and ft from the line. [RRC STAFF Sep 29, 2009 11:37 AM]: Corrected survey name for bottom hole per plat. bgsaustin@sbcglobal.net Data Validation Time Stamp:Sep 29, 2009 12:28 PM( 'As Approved' Version ) 23. Is this a pooled unit?24. Unitization Docket No:No ATTN CHRISTIAN COMBS PO BOX 18496 OKLAHOMA CITY, OK 73154 Yes25. Are you applying for Substandard Acreage Field? (attach Form W-1A)NoX 5. Field as shown on Form W-1 6. Section 7. Block 8. Survey 9. Abstract 10. County of BHL DUNAGAN, C S 1655 DALLAS 12. Terminus Survey Line Perpendiculars 13. Penetration Point Lease Line Perpendiculars ft. from the line. and ft. from the line375W429N 11. Terminus Lease Line Perpendiculars ft. from the line. and ft. from the lineE333525N NEWARK, EAST (BARNETT SHALE) (Field # 65280200, RRC District 09) 11 W 453 S ft. from the line. and ft. from the line 2H Form W-1H Supplemental Horizontal Well Information 07/2004RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. Permit Status: The RRC has not approved this application. Duplication or distribution of information is at the user's own risk. Approved Lateral Drainhole Location Information Permit # Approved Date: 685615 Sep 29, 2009 2. Operator's Name (exactly as shown on form P-5, Organization Report)1. RRC Operator No.3. Lease Name CHESAPEAKE OPERATING, INC.147715 4. Well No. ANDIE P Page 2 of 2 Permit Invalidation.It is the operator s responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated. PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Permit expiration. This permit expires two (2) years from the date of issuance shown on the original permit. The permit period will not be extended. Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit. Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision Rule 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under Rule 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, Filing of Documents, and/or Section 1.4, Computation of Time, the permit may be deemed invalid. Before Drilling Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable-quality water, as defined by the Texas Commission on Environmental Quality (TCEQ). Before drilling a well, the operator must obtain a letter from the Texas Commission on Environmental Quality stating the depth to which water needs protection, Write: Texas Commission on Environmental Quality (Surface Casing-MC151), P.O. Box 13087, Austin, TX 78711-3087. File a copy of the letter with the appropriate district office. During Drilling Permit at Drilling Site. A copy of the Form W-1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations. *Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number. Completion and Plugging Reports Producing Well. Statewide Rule 16 states that the operator of a well shall file with the Commission the appropriate completion report within thirty (30) days after completion of the well or within ninety (90) days after the date on which the drilling operation is completed, whichever is earlier. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P-15s (if required) must be submitted with no double assignment of acreage. Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non-commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one-year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2). CONDITIONS AND INSTRUCTIONS Intention to Plug. The operator must file a Form W-3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the district director or the directors delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures. *Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Texas Commission on Environmental Quality letter. The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications. DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISION PHONE (512) 463-6751 MAIL: PO Box 12967 Austin, Texas, 78711-2967 Page 1 of 2 Railroad Commission of Texas *NOTIFICATION 09 3H 7,216128.26 -------------------------------------------------------------------- -------- --------- ------- --- ** NEWARK, EAST (BARNETT SHALE) ANDIE P ------------------------------------------------------- WELLBORE PROFILE(s) FOR FIELD: Horizontal ------------------------------------------------------- 195 178 RESTRICTIONS:Permitted for gas only. Lateral: TH1 Penetration Point Location Lease Lines: 195.0 F W L 612.0 F N L Terminus Location BH County: DALLAS Section: Block: Abstract: 1655 Survey: C S DUNNAGAN Lease Lines: 1462.0 F W L 596.0 F S L Survey Lines: 14.0 F W L 209.0 F S L ' ** ' PRECEDING FIELD NAME INDICATES RULE (R37) THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If this well is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in salt formations, a permit for that specific purpose must be obtained from Environmental Services prior to construction, including drilling, of the well in accordance with Statewide Rules 81, 95, and 97. RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION PERMIT TO DRILL, DEEPEN, PLUG BACK, OR RE-ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Page 2 of 2 Section, Block and/or Survey (903) 984-3026 NOTICE This permit and any allowable assigned may be revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No: FIELD(s) and LIMITATIONS: PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT WELLBORE PROFILE(S)TYPE OF OPERATION ACRES ANDIE P 3H DISTANCE TO SURVEY LINES DISTANCE TO NEAREST LEASE LINE See FIELD(s) Below687 ft. E (OFF LEASE) 822 ft. S (OFF LEASE) Dec 07, 200942-113-30199 DALLAS 05688294 Dec 09, 2009 128.26HorizontalNEW DRILL 195 ft.687 ft. E 822 ft. S 22 miles NE direction from FORT WORTH 9000 CHESAPEAKE OPERATING, INC. 147715OPERATOR 1716SECTION155BLOCK ABSTRACT GIBSON, JSURVEY DISTANCE TO NEAREST WELL ON LEASEDISTANCE TO LEASE LINES LOCATION TOTAL DEPTH LEASE NAME WELL NUMBER API NUMBER FORM W-1 RECEIVED COUNTY Data Validation Time Stamp:Dec 9, 2009 8:55 AM( 'As Approved' Version ) ** THIS PERMIT IS GRANTED PURSUANT TO STATEWIDE RULE 37(h)(2)(B) ** CASE NO. 0263910 FIELD NAME ACRES DEPTH WELL # DIST LEASE NAME NEAREST LEASE NEAREST WE X Yes Yes NoXYesXNo This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION FORM W-1 07/2004API No.42-113-30199 SWR Exception Case/Docket No. 0263910 (R37) 4. Lease Name CHESAPEAKE OPERATING, INC.147715 ANDIE P 5. Well No. 3H 6. Purpose of filing (mark ALL appropriate boxes): 7. Wellbore Profile (mark ALL appropriate boxes): X New Drill Recompletion Reclass Field Transfer Re-Enter Amended Amended as Drilled (BHL) (Also File Form W-1D) 11. RRC District No. 05 12. County DALLAS 13. Surface Location X Land Bay/Estuary 22 NE Fort Worth 155 15. Section 16. Block 17. Survey GIBSON, J 18. Abstract No. A-1716 19. Distance to nearest lease line: 195 20. Number of contiguous acres in lease, pooled unit, or unitized tract:128.26 ft. 687 E 822 S 687 E (OFF LEASE)822 S (OFF LEASE) Drilling Permit # 688294 SURFACE LOCATION AND ACREAGE INFORMATION GENERAL INFORMATION ft from the line and ft from the line.21. Lease Perpendiculars: 14. This well is to be located miles in a direction from which is the nearest town in the county of the well site. Offshore Inland Waterway 8. Total Depth 9000 9. Do you have the right to develop the minerals under any right-of-way ?10. Is this well subject to Statewide Rule 36 (hydrogen sulfide area)? Vertical Sidetrack Directional (Also File Form W-1D)X Horizontal (Also File Form W-1H) 2. Operator's Name (as shown on form P-5, Organization Report)1. RRC Operator No.3. Operator Address (include street, city, state, zip): RRC Use Only Name of filer Phone E-mail Address (OPTIONAL) Dec 07, 2009 Date submitted Bill Spencer (512)9181062 ApprovedPermit Status: FIELD INFORMATION List all fields of anticipated completion including Wildcat. List one zone per line. 29. Well Type28. Field Name (exactly as shown in RRC records)26. RRC District No. 27. Field No.32. Number of Wells on this lease in this Reservoir 31. Distance to Nearest Well in this Reservoir 30. Completion Depth Gas Well NEWARK, EAST (BARNETT SHALE)09 65280200 3178.00 7216 Remarks Certificate: I certify that information stated in this application is true and complete, to the best of my knowledge. BOTTOMHOLE LOCATION INFORMATION is required for DIRECTIONAL, HORIZONTAL, AND AMENDED AS DRILLED PERMIT APPLICATIONS (see W-1H attachment) Page 1 of 2 22. Survey Perpendiculars: ft from the line and ft from the line. [FILER Dec 7, 2009 9:56 AM]: COI is the only affected offset operator; [RRC STAFF Dec 8, 2009 5:27 PM]: Per plat, the distance from the lower perf to tract 5 is 330'. bgsaustin@sbcglobal.net Data Validation Time Stamp:Dec 9, 2009 8:55 AM( 'As Approved' Version ) 23. Is this a pooled unit?24. Unitization Docket No:No Yes25. Are you applying for Substandard Acreage Field? (attach Form W-1A)NoX 5. Field as shown on Form W-1 6. Section 7. Block 8. Survey 9. Abstract 10. County of BHL C S Dunnagan 1655 DALLAS 12. Terminus Survey Line Perpendiculars 13. Penetration Point Lease Line Perpendiculars ft. from the line. and ft. from the line195W612N 11. Terminus Lease Line Perpendiculars ft. from the line. and ft. from the lineW1462596S NEWARK, EAST (BARNETT SHALE) (Field # 65280200, RRC District 09) 14 W 209 S ft. from the line. and ft. from the line 3H Form W-1H Supplemental Horizontal Well Information 07/2004RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. Permit Status: The RRC has not approved this application. Duplication or distribution of information is at the user's own risk. Approved Lateral Drainhole Location Information Permit # Approved Date: 688294 Dec 09, 2009 2. Operator's Name (exactly as shown on form P-5, Organization Report)1. RRC Operator No.3. Lease Name CHESAPEAKE OPERATING, INC.147715 4. Well No. ANDIE P Page 2 of 2 Permit Invalidation.It is the operator s responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated. PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Permit expiration. This permit expires two (2) years from the date of issuance shown on the original permit. The permit period will not be extended. Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit. Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision Rule 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under Rule 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, Filing of Documents, and/or Section 1.4, Computation of Time, the permit may be deemed invalid. Before Drilling Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable-quality water, as defined by the Texas Commission on Environmental Quality (TCEQ). Before drilling a well, the operator must obtain a letter from the Texas Commission on Environmental Quality stating the depth to which water needs protection, Write: Texas Commission on Environmental Quality (Surface Casing-MC151), P.O. Box 13087, Austin, TX 78711-3087. File a copy of the letter with the appropriate district office. During Drilling Permit at Drilling Site. A copy of the Form W-1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations. *Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number. Completion and Plugging Reports Producing Well. Statewide Rule 16 states that the operator of a well shall file with the Commission the appropriate completion report within thirty (30) days after completion of the well or within ninety (90) days after the date on which the drilling operation is completed, whichever is earlier. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P-15s (if required) must be submitted with no double assignment of acreage. Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non-commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one-year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2). CONDITIONS AND INSTRUCTIONS Intention to Plug. The operator must file a Form W-3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the district director or the directors delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures. *Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Texas Commission on Environmental Quality letter. The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications. DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISION PHONE (512) 463-6751 MAIL: PO Box 12967 Austin, Texas, 78711-2967 Page 1 of 2 Railroad Commission of Texas *NOTIFICATION 09 7H 7,216369.40 -------------------------------------------------------------------- -------- --------- ------- --- ** NEWARK, EAST (BARNETT SHALE) FELLOWSHIP ------------------------------------------------------- WELLBORE PROFILE(s) FOR FIELD: Horizontal ------------------------------------------------------- 1 259 RESTRICTIONS:Lateral: TH1 Penetration Point Location Lease Lines: 2057.0 F E L 360.0 F S L Terminus Location BH County: TARRANT Section: Block: Abstract: 1415 Survey: SUGGS, H Lease Lines: 330.0 F NW L 360.0 F S L Survey Lines: 343.0 F W L 418.0 F S L ' ** ' PRECEDING FIELD NAME INDICATES RULE (R37) THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If this well is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in salt formations, a permit for that specific purpose must be obtained from Environmental Services prior to construction, including drilling, of the well in accordance with Statewide Rules 81, 95, and 97. RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION PERMIT TO DRILL, DEEPEN, PLUG BACK, OR RE-ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Page 2 of 2 Section, Block and/or Survey (903) 984-3026 NOTICE This permit and any allowable assigned may be revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No: FIELD(s) and LIMITATIONS: PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT WELLBORE PROFILE(S)TYPE OF OPERATION ACRES FELLOWSHIP 7H DISTANCE TO SURVEY LINES DISTANCE TO NEAREST LEASE LINE See FIELD(s) Below733 ft. S 498 ft. E May 27, 200942-113-30163 DALLAS 05670608(AMENDED) Jul 15, 2009 369.4HorizontalNEW DRILL 1 ft.687 ft. E 784 ft. S 0 miles Within direction from COPPELL 9000 CHESAPEAKE OPERATING, INC. 147715OPERATOR 1716SECTION155BLOCK ABSTRACT GIBSON, JSURVEY DISTANCE TO NEAREST WELL ON LEASEDISTANCE TO LEASE LINES LOCATION TOTAL DEPTH LEASE NAME WELL NUMBER API NUMBER FORM W-1 RECEIVED COUNTY Data Validation Time Stamp:Jul 15, 2009 9:55 AM( 'As Approved' Version ) ** THIS PERMIT IS GRANTED PURSUANT TO STATEWIDE RULE 37(h)(2)(A) ** CASE NO. 0261981 FIELD NAME ACRES DEPTH WELL # DIST LEASE NAME NEAREST LEASE NEAREST WE Yes Yes NoXYesXNo This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION FORM W-1 07/2004API No.42-113-30163 SWR Exception Case/Docket No. 0261981 (R37) 4. Lease Name CHESAPEAKE OPERATING, INC.147715 FELLOWSHIP 5. Well No. 7H 6. Purpose of filing (mark ALL appropriate boxes): 7. Wellbore Profile (mark ALL appropriate boxes): X New Drill Recompletion Reclass Field Transfer Re-Enter X Amended Amended as Drilled (BHL) (Also File Form W-1D) 11. RRC District No. 05 12. County DALLAS 13. Surface Location X Land Bay/Estuary 0 Within Coppell 155 15. Section 16. Block 17. Survey GIBSON, J 18. Abstract No. A-1716 19. Distance to nearest lease line: 1 20. Number of contiguous acres in lease, pooled unit, or unitized tract:369.4 ft. 687 E 784 S 733 S 498 E Drilling Permit # 670608 SURFACE LOCATION AND ACREAGE INFORMATION GENERAL INFORMATION ft from the line and ft from the line.21. Lease Perpendiculars: 14. This well is to be located miles in a direction from which is the nearest town in the county of the well site. Offshore Inland Waterway 8. Total Depth 9000 9. Do you have the right to develop the minerals under any right-of-way ?10. Is this well subject to Statewide Rule 36 (hydrogen sulfide area)? Vertical Sidetrack Directional (Also File Form W-1D)X Horizontal (Also File Form W-1H) 2. Operator's Name (as shown on form P-5, Organization Report)1. RRC Operator No.3. Operator Address (include street, city, state, zip): RRC Use Only Name of filer Phone E-mail Address (OPTIONAL) May 27, 2009 Date submitted Bill Spencer (512)9181062 ApprovedPermit Status: FIELD INFORMATION List all fields of anticipated completion including Wildcat. List one zone per line. 29. Well Type28. Field Name (exactly as shown in RRC records)26. RRC District No. 27. Field No.32. Number of Wells on this lease in this Reservoir 31. Distance to Nearest Well in this Reservoir 30. Completion Depth Oil or Gas Well NEWARK, EAST (BARNETT SHALE)09 65280200 7259.00 7216 Remarks Certificate: I certify that information stated in this application is true and complete, to the best of my knowledge. BOTTOMHOLE LOCATION INFORMATION is required for DIRECTIONAL, HORIZONTAL, AND AMENDED AS DRILLED PERMIT APPLICATIONS (see W-1H attachment) Page 1 of 2 22. Survey Perpendiculars: ft from the line and ft from the line. [FILER May 27, 2009 3:50 PM]: SWR 37 Publication; [RRC STAFF Jul 15, 2009 8:26 AM]: Letter attached from David Bressler withdrawing his protest. bgsaustin@sbcglobal.net Data Validation Time Stamp:Jul 15, 2009 9:55 AM( 'As Approved' Version ) 23. Is this a pooled unit?24. Unitization Docket No:NoX Yes25. Are you applying for Substandard Acreage Field? (attach Form W-1A)NoX 5. Field as shown on Form W-1 6. Section 7. Block 8. Survey 9. Abstract 10. County of BHL SUGGS, H 1415 TARRANT 12. Terminus Survey Line Perpendiculars 13. Penetration Point Lease Line Perpendiculars ft. from the line. and ft. from the line2057E360S 11. Terminus Lease Line Perpendiculars ft. from the line. and ft. from the lineNW330360S NEWARK, EAST (BARNETT SHALE) (Field # 65280200, RRC District 09) 343 W 418 S ft. from the line. and ft. from the line 7H Form W-1H Supplemental Horizontal Well Information 07/2004RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. Permit Status: The RRC has not approved this application. Duplication or distribution of information is at the user's own risk. Approved Lateral Drainhole Location Information Permit # Approved Date: 670608 Jul 15, 2009 2. Operator's Name (exactly as shown on form P-5, Organization Report)1. RRC Operator No.3. Lease Name CHESAPEAKE OPERATING, INC.147715 4. Well No. FELLOWSHIP Page 2 of 2 Federal Aviation Administration Air Traffic Airspace Branch, ASW-520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Aeronautical Study No. 2009-ASW-4335-OE Page 1 of 6 Issued Date: 11/19/2009 Brynn Scalf Chesapeake Energy Corporation 6100 N Western OKC, OK 73142 **DETERMINATION OF NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Drilling Rig Fellowship Pad Location: Coppell, TX Latitude: 32-57-25.70N NAD 83 Longitude: 97-01-52.74W Heights:175 feet above ground level (AGL) 717 feet above mean sea level (AMSL) This aeronautical study revealed that the temporary structure does exceed obstruction standards but would not be a hazard to air navigation provided the following condition(s), if any, is (are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, flags/red lights - Chapters 3(Marked),4,5(Red),&12. See attachment for additional condition(s) or information. It is required that the FAA be notified at least 5 business days prior to the temporary structure being erected and again when the structure is removed from the site. Notification should be made to this office during our core business hours (Monday through Friday, 9:00 a.m. to 3:00 p.m.) via telephone at (SEE PAGE 3). Notification is necessary so that aeronautical procedures can be temporarily modified to accommodate the structure. Voicemail messages are not acceptable notice. NOTIFICATION IS REQUIRED AGAIN VIA TELEPHONE AT (SEE PAGE 3) WHEN THE CRANE IS REMOVED FROM THE SITE FOR NOTICE TO AIRMAN (NOTAM) CANCELLATION. It is required that the manager of (SEE PAGE 3) be notified at least 5 business days prior to the temporary structure being erected and again when the structure is removed from the site. It is required that the manager of (SEE PAGE 3) be notified at least 5 business days prior to the temporary structure being erected and again when the structure is removed from the site. Additionally, please provide contact information for the onsite operator in the event that Air Traffic Control requires the temporary structure to be lowered immediately. Page 2 of 6 Any height exceeding 175 feet above ground level (717 feet above mean sea level), will result in a substantial adverse effect and would warrant a Determination of Hazard to Air Navigation. This determination expires on 05/19/2011 unless extended, revised or terminated by the issuing office. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is based, in part, on the foregoing description which includes specific coordinates and heights. Any changes in coordinates and/or heights will void this determination. Any future construction or alteration, including increase to heights, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of a structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this temporary structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office if the structure is subject to the issuance of a Notice To Airman (NOTAM). If you have any questions, please contact our office at (817) 838-1996. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2009-ASW-4335-OE Signature Control No: 652583-120334828 ( TMP ) Bruce Beard Specialist Attachment(s) Additional Information Map(s) Page 3 of 6 Additional information for ASN 2009-ASW-4335-OE TEMPORARY EQUIPMENT SITE: Fellowship Pad The site will be located approximately 15,164 feet north of Rwy 17C at the DFW International Airport. SIAP = Standard Instrument Approach Procedure ARP = Airport Reference Point (Center of Airport) AGL = Above Ground Level AMSL= Above Mean Sea Level MDA = Minimum Descent Altitude DA = Descent Altitude LNAV = Lateral Navigation VNAV= Vertical Navigation RWY = Runway Conditions for Operating Temporary Equipment 1. ABSOLUTELY REQUIRED > Notify the FAA at least 5 days prior to the erection of the drilling rig/crane so modifications to the SIAP can be made to accommodate the drilling rig/crane. > Notify the FAA when the project is complete and the drilling rig/crane has been removed from the site, allowing the modified SIAP to return to normal operations. 2. METHODS OF NOTIFICATION - Monday thru Friday, 7:30 a.m. to 3 p.m. CST > Preferred Method - Email Notification to ALL of the following: (1) linda.steele@faa.gov (2) debbie.cardenas@faa.gov (3) bruce.beard@faa.gov > Telephone - VOICEMAIL IS NOT ACCEPTABLE (1) Linda Steele (817) 838-1994 (2) Debbie Cardenas (817) 838-1999 (3) Bruce Beard (817) 838-1996 (4) Main Number (817) 838-1990 For well sites, please provide us with the aeronautical study number and not with the name of the well site. ************************************************************************************ 3. AIR TRAFFIC FIELD FACILITY NOTIFICATION > Notify the DFW International Airport Duty Office at 972-574-3112 at least 72 hours prior to raising the temporary crane and when the project is complete and the temporary crane is removed from the site. > The DFW International Airport Duty Office shall follow established procedures and coordinate the temporary structure with the DFW Airport Traffic Control Tower. Page 4 of 6 4. EXPIRATION DATE This determination will be valid until 05-19-2011. During the effective dates of the determination, it is acceptable to return to the site without submitting a new FAA Form 7460-1, Notice of Proposed Construction or Alteration, provided: > The temporary equipment does not exceed a maximum height of 175 feet AGL. If temporary equipment returning to the site exceeds the above maximum height AGL, you are required to file a new FAA Form 7460-1, Notice of Proposed Construction or Alteration. > Conditions #1 through # 3 above are met. 5. MARKING/LIGHTING REQUIREMENTS > The temporary drilling rig shall be obstruction flagged AND lighted in accordance with FAA Advisory Circular 70/7460-1, "Obstruction Marking and Lighting". This document is available on the Internet at: http://oeaaa.faa.gov 6. IMPACT ON FAA FACILITY - Dallas/Fort Worth (DFW) > DFW ILS or LOC RWY 17C . . . RAISE S-LOC 17C MDA FROM 1000 TO 1020 Page 5 of 6 Verified Map for ASN 2009-ASW-4335-OE Page 6 of 6 Sectional Map for ASN 2009-ASW-4335-OE Page 1 of 3 Prepared By: AZB Date: 1/19/2010 Surveyed On:11-28-09 To 11-30-09 Job No. 207026 Fellowship_Tree-Survey_R1.xls Page 1 of 3 NO.Type Diameter HEIGHT CANOPY NORTHING EASTING Comments/Remarks A. PROTECTED TREES TO REMAIN 3530 ELM 9 25 14 7034536.281 2419129.453 To Keep 3531 ELM 13 30 12 7034551.319 2419112.816 To Keep 3532 ELM 11 25 15 7034570.726 2419105.764 To Keep 3533 ELM 14 25 15 7034525.700 2419109.962 To Keep 3534 ELM 12 23 17 7034523.605 2419090.024 To Keep 3535 ELM 8 20 10 7034520.426 2419063.977 To Keep 3536 ELM 9 22 12 7034515.858 2419061.568 To Keep 3558 ELM 15 30 18 7034433.913 2419175.607 To Keep 3559 ELM 10 25 15 7034420.875 2419175.670 To Keep 5037 ELM 18 25 15 7034176.507 2419163.403 To Keep B. PROTECTED TREES TO REMOVE 3537 LOCUST 17 20 15 7034448.150 2419073.314 To Remove 3538 ELM 10 25 10 7034439.767 2419093.579 To Remove 3539 ELM 10 25 10 7034445.336 2419114.328 To Remove 3540 ELM 12 25 15 7034442.212 2419115.910 To Remove 3541 ELM 12 20 12 7034446.172 2419108.311 To Remove 3542 ELM 16 25 15 7034437.478 2419112.482 To Remove 3543 ELM 12 25 15 7034429.828 2419114.207 To Remove 3544 ELM 12 15 10 7034430.968 2419086.649 To Remove 3545 ELM 14 20 15 7034413.292 2419065.958 To Remove 3546 ELM 13 25 20 7034400.603 2419084.598 To Remove 3547 ELM 13 35 15 7034393.812 2419098.088 To Remove 3548 ELM 11 30 20 7034402.132 2419116.637 To Remove 3549 ELM 14 30 15 7034407.620 2419125.529 To Remove 3550 ELM 18 25 20 7034414.179 2419146.611 To Remove 3551 ELM 8 20 15 7034419.534 2419146.912 To Remove 3552 ELM 8 20 15 7034428.646 2419152.329 To Remove 3553 ELM 10 22 10 7034448.358 2419147.869 To Remove 3554 ELM 15 35 20 7034436.738 2419135.649 To Remove 3555 ELM 8 20 15 7034442.042 2419129.155 To Remove 3556 ELM 12 30 20 7034434.106 2419128.652 To Remove 3565 ELM 8 25 15 7034381.785 2419086.757 To Remove 3566 ELM 10 25 15 7034376.801 2419084.428 To Remove 3567 ELM 14 30 15 7034356.132 2419068.039 To Remove 3568 ELM 14 30 15 7034329.696 2419069.479 To Remove FELLOWSHIP TREE SURVEY NAD83 (GRID) COORDINATES Page 2 of 3 Prepared By: AZB Date: 1/19/2010 Surveyed On:11-28-09 To 11-30-09 Job No. 207026 Fellowship_Tree-Survey_R1.xls Page 2 of 3 NO.Type Diameter HEIGHT CANOPY NORTHING EASTING Comments/Remarks FELLOWSHIP TREE SURVEY NAD83 (GRID) COORDINATES 3569 ELM 8 20 10 7034325.365 2419070.185 To Remove 3570 ELM 15 35 20 7034325.241 2419105.692 To Remove 3571 ELM 18 35 25 7034326.457 2419109.715 To Remove 3572 ELM 18 30 25 7034321.151 2419108.377 To Remove 3573 ELM 20 25 20 7034319.618 2419110.593 To Remove 3574 ELM 22 25 20 7034326.207 2419111.622 To Remove 3575 ELM 10 25 10 7034337.528 2419119.927 To Remove 3576 ELM 28 40 25 7034357.213 2419106.152 To Remove 3577 ELM 8 20 10 7034374.005 2419111.571 To Remove 3578 ELM 8 20 10 7034375.482 2419112.336 To Remove 3579 ELM 8 20 10 7034379.186 2419106.386 To Remove 3580 ELM 7 15 10 7034342.389 2419122.657 To Remove 3581 ELM 8 20 15 7034340.898 2419151.283 To Remove 3582 ELM 10 25 20 7034339.531 2419157.528 To Remove 3583 ELM 10 25 15 7034322.748 2419158.890 To Remove 3584 ELM 10 25 15 7034326.950 2419161.358 To Remove 3585 ELM 8 23 15 7034354.087 2419159.420 To Remove 3586 ELM 8 30 20 7034372.363 2419136.366 To Remove 3587 ELM 8 25 10 7034377.969 2419141.893 To Remove 3598 ELM 8 20 12 7034274.311 2419075.888 To Remove 3599 ELM 14 30 15 7034288.582 2419077.245 To Remove 3604 ELM 12 35 12 7034288.445 2419091.861 To Remove 3605 ELM 12 27 15 7034297.713 2419085.060 To Remove 3606 ELM 8 32 10 7034268.563 2419115.520 To Remove 3607 ELM 7 20 16 7034263.145 2419114.290 To Remove 3608 ELM 8 22 10 7034258.854 2419114.046 To Remove 3609 ELM 9 25 15 7034262.337 2419127.832 To Remove 3610 ELM 8 22 10 7034254.423 2419131.053 To Remove 3611 ELM 16 25 15 7034257.390 2419129.367 To Remove 3612 ELM 8 25 12 7034272.670 2419140.833 To Remove 3613 ELM 7 22 8 7034275.860 2419139.595 To Remove 3614 ELM 8 22 10 7034281.204 2419141.776 To Remove 3615 ELM 6 20 6 7034280.554 2419143.350 To Remove 3616 ELM 7 22 10 7034287.311 2419144.229 To Remove 3617 ELM 7 22 10 7034279.365 2419144.165 To Remove 3618 ELM 7 22 8 7034281.105 2419131.567 To Remove Page 3 of 3 Prepared By: AZB Date: 1/19/2010 Surveyed On:11-28-09 To 11-30-09 Job No. 207026 Fellowship_Tree-Survey_R1.xls Page 3 of 3 NO.Type Diameter HEIGHT CANOPY NORTHING EASTING Comments/Remarks FELLOWSHIP TREE SURVEY NAD83 (GRID) COORDINATES 3619 ELM 9 22 10 7034290.494 2419119.113 To Remove 3620 ELM 7 18 8 7034292.354 2419099.277 To Remove 3621 ELM 6 20 8 7034311.396 2419135.338 To Remove 3622 ELM 8 22 10 7034312.743 2419136.586 To Remove 3623 ELM 6 22 8 7034312.928 2419137.633 To Remove 3624 ELM 6 22 8 7034315.432 2419136.444 To Remove 3625 ELM 6 22 8 7034314.920 2419138.215 To Remove 3626 ELM 7 25 10 7034314.807 2419142.134 To Remove 3627 ELM 8 25 10 7034301.753 2419151.023 To Remove 3628 ELM 6 15 7 7034301.838 2419151.388 To Remove 3629 ELM 5 22 8 7034296.681 2419146.567 To Remove 3630 ELM 7 22 8 7034297.574 2419142.130 To Remove 3631 ELM 6 22 12 7034297.251 2419140.681 To Remove 5033 HACKBERRY 12 25 12 7034167.075 2419134.632 To Remove 5034 ELM 17 22 15 7034176.041 2419103.109 To Remove 5035 ELM 17 22 15 7034201.165 2419121.238 To Remove 5036 MESQUITE 12 20 15 7034186.973 2419141.222 To Remove 5044 ELM 13 22 15 7034223.026 2419131.228 To Remove 5047 ELM 9 22 8 7034236.368 2419114.217 To Remove 5048 ELM 16 22 15 7034241.335 2419102.873 To Remove 5050 ELM 16 25 15 7034224.119 2419080.477 To Remove 5051 ELM 11 22 10 7034219.056 2419072.839 To Remove 5054 ELM 9 20 10 7034267.163 2419067.539 To Remove C. UNPROTECTED TREES TO REMAIN 3557 MESQUITE 8 25 20 7034428.609 2419171.326 To Remain Diameter HEIGHT CANOPY Total Protected Trees not to be Removed 119 250 143 Total Protected Trees to be Removed 894 1999 1106 Total Unprotected Trees not to be Removed 8 25 20 Note:Coordinates are based on Texas State Plane Coordinate System, Texas North Central Zone 4202, North American Datum 1983 (NAD83 Grid) Behrens and Associates, Inc. Environmental Noise Control 13806 Inglewood Avenue, Hawthorne, California 90250 ~ Telephone: 310-679-8633 ~ Facsimile: 310-679-8676 600 Bear Cat Road, Suite 100, Aledo, Texas 76008 ~ Telephone: 817-441-5556 ~ Facsimile: 817-441-5561 3328 David Drive, Napa, California 94558 ~ Telephone: 707-252-9019 ~ Facsimile: 707-252-8333 www.environmental-noise-control.com October 15, 2009 Chesapeake Energy Corporation 100 Energy Way Fort Worth, TX 76102 Attention: Laura Wallace Subject: Fellowship Pad Drill Site Coppell Noise Management Plan Dear Mrs. Wallace: The following Noise Abatement Study was developed for your Fellowship Pad drill site per the requirements of the City of Coppell. Chesapeake Energy has scheduled a typical drilling rig to drill this well. Based on measured operational and ambient sound levels, the noise levels generated by gas well drilling, fracing, and production operations at this location will be in compliance with the requirements of Coppell’s Gas Well Permit Requirements. Site Location and Conditions The Fellowship Pad well is located off West Bethel Road approximately 3/10 of a mile east of Enchanted Way in Coppell, Texas. The nearest off-site noise receptors to the site are commercial businesses located approximately 600 feet to the east of the monitoring location. During the survey, noise from heavy air traffic was observed from nearby DFW airport located to the south of the site. Ambient Sound Level Survey A 72-hour pre-drilling sound level survey was performed for the Fellowship Pad drill site per the requirements of the City of Coppell. The continuous 72-hour sound level survey was performed at the proposed Fellowship Pad drilling site in Coppell, Texas, from Saturday, October 10, to Monday, October 12, 2009, to measure and document the pre-drilling ambient sound levels at the site. Sound Measurement Instrumentation A Type 1 Bruel & Kjaer 2238 Mediator Sound Level Meter was programmed, calibrated, and deployed. The metering system was installed on a t-post located at the site approximately 5 feet above ground level in a metal enclosure for security purposes. The attached site map indicates the ambient measurement location at the site. Behrens and Associates, Inc. Environmental Noise Control Chesapeake Energy Corporation October 15, 2009 Page 2 Measurement Results The measured sound level data collected at the proposed drill site is attached in both a graphed and tabular form, as well as the calculated average daytime and nighttime allowable City of Coppell Drilling Noise Levels. Daytime allowable hourly average noise levels of 71.5 dBA and nighttime levels of 69.5 dBA have been established from our measurement results. Noise Impact Potential DRILLING: The typical primary noise sources generated by gas well drilling operations include the drilling rig engines, compressors, generators, mud pumps, and ancillary support equipment. Drilling sound levels vary from drill site to drill site depending on the type of drilling rig (top drive, rotary table, etc.) and depending on the drilling rig orientation. An operational noise level survey using a Type 1 Bruel & Kjaer 2238 Mediator Sound Level Meter was completed for a typical drilling rig on September 26, 2007. The operational average sound levels were measured and documented on all four sides of the drilling rig while drilling. Operational noise levels on the generator side of the rig represent the highest sound level impact potential at a distance. A layout of a typical drilling rig with measured operational sound levels is included in the attachments of this report. The typical drilling rig will be using self-contained mud tanks at this site. The daytime and nighttime drilling sound levels will be in compliance at this site without the installation of temporary sound walls during gas well drilling operations. Structures classified as Protected Use were not identified within a 1,000 foot radius of the well site; therefore, continuous sound level monitoring will not be required. In the event that a complaint is made by a Protected Use located within 1,000 feet from the gas well, the operator shall, within 24 hours of notice of the complaint, continuously monitor for a 72-hour period at the source of the complaint. If the measurements are higher than the allowable levels, the report will document the sound mitigation program along with an implementation schedule to ensure compliance with the drilling noise level requirements. Behrens and Associates, Inc. Environmental Noise Control Chesapeake Energy Corporation October 15, 2009 Page 3 FRACING: The high level noise generated by gas well fracing operations are produced from the truck mounted engines which drive the high pressure pumps. Support equipment such as sand trucks, water pumps and generators have a small contribution to the over-all noise levels of the operations. Off-site fracing noise levels typically do not vary from operator to operator, but the off-site transmission of the noise can be affected by the topography of the frac site. Typical Barnett Shale fracing operations have been measured to establish anticipated noise level impacts at distances from the fracing site. The noise surveys were completed with a Type 1 Bruel & Kjaer Model 2238 Sound Level Analyzer programmed to measure and document maximum sound levels. Fracing operational sound levels were measured and documented on all four sides of the fracing operation at flat, open sites. A graph indicating the measured fracing sound levels at distance is included in the attachments of this report. The daytime and nighttime fracing sound levels will be in compliance at this site without the installation of temporary sound walls during fracing operations. GAS WELL PRODUCTION: Although a gas wellhead compressor is not planned for this gas well, the noise impact generated by a typical 95 horse power wellhead compressor positioned on the pad was evaluated. Chesapeake Energy has numerous wellhead gas compressors operating in the Barnett Shale. We have completed a number of operational noise level surveys of these wellhead compressors and have documented the highest measured unmitigated wellhead compressor noise levels, which are shown in the graph indicating the measured wellhead compressor operational sound levels at distance. If a typical gas wellhead compressor is utilized on this site, the daytime and nighttime production sound levels will be in compliance at this site without the installation of sound walls during gas well production operations. Very truly yours, Donald Behrens President Attachments Behrens and Associates, Inc. Environmental Noise Control Fellowship Pad Drill Site Location 1,000’ 600’ Sound Measurement Location Fellowship Pad Drill Site Behrens and Associates, Inc. Environmental Noise Control Fellowship Pad Drill Site Ambient Sound Level Data Fellowship Pad Drill Site Data Oct 10 - 12, 2009 Fellowship Pad Drill Site Data Oct 10 - 12, 2009 Time Leq Time Leq Sat 10 - Oct 59.9 1:00 PM 60.7 1:00 AM 58.7 2:00 PM 65.8 2:00 AM 58.8 3:00 PM 60.1 3:00 AM 51.5 4:00 PM 64.2 4:00 AM 60.8 5:00 PM 60.2 5:00 AM 59.6 6:00 PM 60.5 6:00 AM 67 7:00 PM 65.6 7:00 AM 66.4 8:00 PM 65.8 8:00 AM 66.3 9:00 PM 60 9:00 AM 69.5 10:00 PM 66.6 10:00 AM 66.7 11:00 PM 68.3 11:00 AM 68.1 Mon 12 - Oct 53.5 12:00 PM 69.9 1:00 AM 53.7 1:00 PM 68.1 2:00 AM 65.6 2:00 PM 66.8 3:00 AM 53.2 3:00 PM 66.4 4:00 AM 65.1 4:00 PM 69.7 5:00 AM 61.6 5:00 PM 67.9 6:00 AM 64.4 6:00 PM 68.2 7:00 AM 60.8 7:00 PM 71.3 8:00 AM 62.1 8:00 PM 66 9:00 AM 77.1 9:00 PM 65.1 10:00 AM 70.8 10:00 PM 64.7 11:00 AM 70.4 11:00 PM 52.8 12:00 PM 72.5 Sun 11 - Oct 52.9 1:00 PM 67 1:00 AM 66.4 2:00 PM 68.5 2:00 AM 53.2 3:00 PM 64.6 3:00 AM 63.2 4:00 PM 54.9 4:00 AM 59.2 5:00 PM 57.5 5:00 AM 55.7 6:00 PM 66.8 6:00 AM 66.3 7:00 PM 61.9 7:00 AM 69 8:00 PM 61.2 8:00 AM 71.1 9:00 PM 61.5 9:00 AM 70.5 10:00 PM 58.4 10:00 AM 60.4 11:00 PM 58.8 11:00 AM 62.4 12:00 PM 64 72 hour Average: 66.5 dBA Daytime Allowable Average: 71.5 dBA Nighttime Allowable Average: 69.5 dBA Behrens and Associates, Inc. Environmental Noise Control A Typical Drilling Operational Noise Level Drilling Rig V D O O R MUD TANK Pipe Rack PIT 1 6 1 2 2 2 3 3 3 4 4 5 4 5 TANK G 6 7 8 9 7 8 9 1 2 1 5 S G G 3 4 5 6 7 8 M/P Cent. WATER WATER FUEL TOOL M/P T T T EW F L U I D D R I L L N 09/26/07, 10:00 A.M. Drilling Rig: A Typical Work at time of study: Drilling All equipment running. Most significant noise source: Generators, Brake Rotary Brake H.P.- 1,000 Distance From Drilling Rig in Feet Sound Level in dBA North East South West 1 25’ 80.7 74.0 71.9 88.8 2 50’ 78.3 71.2 71.2 83.8 3 75’ 76.8 67.9 70.5 82.0 4 100’ 73.2 68.1 69.2 79.7 5 200’ 68.5 63.7 60.5 67.9 6 300’ 64.9 57.4 59.9 67.7 7 400’ 63.8 55.3 56.1 64.0 8 500’ 60.1 54.7 52.8 61.2 9 600’ 58.5 51.0 53.1 56.4 Behrens and Associates, Inc. Environmental Noise Control 454647484950515253545556575859606162636465666768697071727374757677787980Sat 10 -Oct2:00 AM4:00 AM6:00 AM8:00 AM10:00 AM12:00 PM2:00 PM4:00 PM6:00 PM8:00 PM10:00 PMSun 11 - Oct2:00 AM4:00 AM6:00 AM8:00 AM10:00 AM12:00 PM2:00 PM4:00 PM6:00 PM8:00 PM10:00 PMMon 12 -Oct2:00 AM4:00 AM6:00 AM8:00 AM10:00 AM12:00 PM2:00 PM4:00 PM6:00 PM8:00 PM10:00 PMSound Level (dBA)October 10 - October 12, 2009Chesapeake Energy CorporationFellowship Pad Drill SitePre-Drilling Ambient Sound Level Survey Hourly Average Sound Levels, Leq Behrens and Associates, Inc. Environmental Noise Control 606162636465666768697071727374757677Sat 10 -Oct2:00 AM4:00 AM6:00 AM8:00 AM10:00 AM12:00 PM2:00 PM4:00 PM6:00 PM8:00 PM10:00 PMSun 11 - Oct2:00 AM4:00 AM6:00 AM8:00 AM10:00 AM12:00 PM2:00 PM4:00 PM6:00 PM8:00 PM10:00 PMMon 12 -Oct2:00 AM4:00 AM6:00 AM8:00 AM10:00 AM12:00 PM2:00 PM4:00 PM6:00 PM8:00 PM10:00 PMSound Level (dBA)October 10 - October 12, 2009Chesapeake Energy CorporationFellowship Pad Drill SitePre-Drilling Ambient Sound Level Survey Nighttime Allowable Average Sound LevelDayti me Allowable Average Sound Level72 Hour Average Sound Level, Leq Behrens and Associates, Inc. Environmental Noise Control 3540455055606570758085900 50 100 150 200 250 300 350 400 450 500 550 600 650 700 750Sound Level (dBA)Distance from Compressor (ft)Barnett Shale Measured Well Head Compressor SurveySound Level Attenuation with Distance Chart Behrens and Associates, Inc. Environmental Noise Control 5560657075808590951001050 50 100 150 200 250 300 350 400 450 500 550 600 650 700Sound Level (dBA)Distance from Frac Equipment (ft)Barnett Shale Measured Fracing Noise Impact SurveySound Level Attenuation with Distance ChartWestNorthEastSouth Behrens and Associates, Inc. Environmental Noise Control -8-7-6-5-4-3-2-101230100 200 300 400 500 600 700 800 900 1000A-Weighted Adjustment dB(A)Distance from Source (feet)Effect of Wind on Sound LevelsDownwind SidewindUpwind A to Z Index | Org Chart Home | AIR | LAND | WATER | Public | Businesses | Governments Search TCEQ Completes Study on Air Emissions in Barnett Shale FOR IMMEDIATE RELEASE Wednesday, Jan. 27, 2010 - Most readings well below acceptable exposure levels - two hot spots identified and corrected The Texas Commission on Environmental Quality (TCEQ) has announced the results of its study of air quality in the Barnett Shale area of North Texas. A total of 94 oil and gas monitoring sites were surveyed. At a majority of the monitoring sites, chemicals were either not detected or were detected below levels of health concern. Howeve r, two monitoring sites had relatively high levels of benzene. In addition, 19 monitoring sites registered benzene concentrations higher than the TCEQ would like to see. The study analyzed more than a hundred volatile organic compounds (VOCs), but mainly focused on benzene, which is a human carcinogen. Although the results are complex, it is clear that gas production facilities can, and in some cases do, emit contaminants in amounts that could be deemed unsafe for life-time (70 years) or long-term exposure. However, at only two monitoring sites were benzene levels found that would trigger immediate actions to reduce emissions. At one monitoring site, the Targa North Texas LP Bryan Compressor Station (monitoring site 8), instantaneous benzene samples were collected at levels up to 1,100 parts per billion (ppb) approximately 200 yards from two residences. Although these levels are less than the lowest levels shown to cause adverse health effects in short-term human and animal studies, the levels are of potential concern due to their contribution to long-term cumulative exposure levels. The TCEQ provided the monitoring results to Targa and the company reported that repairs had been completed. In testing done the week of Jan. 18, VOC levels were below short-term effects screening levels (ESLs), and benzene was at normal background levels, about .25 ppb. In another measurement at a Devon Energy natural gas well (monitoring site 7), a sample was collected with a benzene concentration of 15,000 ppb. Although this sample was collected at the well-head and the general public would not be expected to be exposed to these levels, it clearly demonstrates that gas operations can contribute to benzene concentrations in ambient air. The TCEQ provided the monitoring results to Devon and the company reported that repairs had been completed. Like monitoring site 8, testing done the week of Jan. 18 showed VOC levels at the well-head and at the fence line were below short-term effects screening levels, and benzene was at normal background levels, about .25 ppb. The study also found elevated levels of other VOCs, including carbon disulfide, ethane, 1,2-dibromoethane, and isopentane, but none at levels that would be expected to cause adverse health effects. In addition, several other compounds that can cause odors were detected. NEXT STEPS: • The TCEQ has already instituted new complaint and investigation guidelines for oil and gas production areas that will see citizen complaints investigated within 12 hours. Investigations can result in enforcement actions against entities responsible for excessive emissions. • Two new long-term auto-GC monitors (these monitors perform continuous, near-real-time VOC monitoring) will be installed at DISH and Eagle Mountain Lake to get a better understanding of long-term ambient air conditions, and to help assess the effectiveness of the TCEQ's actions, and to provide information on how to focus future efforts. • The TCEQ will continue reconnaissance investigations in the area, using both ground and air-based monitoring assets, and conduct a special emissions inventory of sources including an actual gas analysis from each site. Contact Terry Clawson Phone 512-239-0046 Pager 512-657-0738 Page 1 of 2TCEQ Completes Study on Air Emissions in Barnett Shale - Texas Commission on Envir... 1/29/2010http://www.tceq.state.tx.us/comm_exec/communication/media/1-10BarnettShale1-27 Site Help | Disclaimer | Web Policies | Accessibility | Helping our Customers | TCEQ Homeland Security | Contact Us Last Modified Wed, 27 Jan 2010 ©2002-2010 Texas Commission on Environmental Quality • The TCEQ will investigate sources for proper permit authorizations and require testing of sites with continued excessive emissions. • The TCEQ has undertaken a review of permitting rules that apply to oil and gas operations. The review will ensure that authorizations and permits are enforceable and protective of public health, and that they properly regulate all operations located at an oil and gas site. • The TCEQ will continue to provide compliance assistance to small operators, focused initially on condensate producers. BACKGROUND OF SURVEY: The TCEQ’s mobile monitoring organization conducted three surveys, one each in August, October, and November 2009 in Denton, Wise, Parker, Hood, Johnson and Tarrant counties. The surveys measured air emissions around a wide variety of natural gas and natural gas- related production facilities. Monitoring staff made every effort to collect emissions measurements downwind of the sources, moving around to stay in the plume where emissions would be most concentrated. Monitoring staff used hand-held VOC monitors, gas chromatographic monitors mounted in specialized TCEQ vehicles, infrared cameras that detect VOC emissions invisible to the naked eye, and instantaneous VOC canisters that take samples that are later analyzed in the laboratory with high levels of accuracy. Another survey is scheduled for the same area during the spring. MORE INFORMATION AND DATA: More information and data from this study, including the toxicology department memo and the monitoring report, are posted on the TCEQ's Barnett Shale Web site. OTHER SURVEYS: In December, the TCEQ conducted an air monitoring survey around 126 gas production sites in the city of Fort Worth. This monitoring survey found no levels of concern for any compounds. This survey was unrelated to the larger Barnett Shale study. Page 2 of 2TCEQ Completes Study on Air Emissions in Barnett Shale - Texas Commission on Envir... 1/29/2010http://www.tceq.state.tx.us/comm_exec/communication/media/1-10BarnettShale1-27 Marcie Diamond - TCEQ Study Results Review Hi Marcie, Yesterday, the Texas Commission on Environmental Quality (TCEQ) issued its much anticipated survey results from data collected last fall. We are sure you will be pleased to hear the TCEQ’s broader survey results support its initial findings in the area and industry’s assertion that production of natural gas in Tarrant County does not negatively impact the ambient air quality. The local media are covering the announcement by the TCEQ in a variety of inconsistent ways with only some affirming benzene levels are at acceptable and expected levels, while others are inaccurately saying that high levels of benzene are widespread across the region. The Star-Telegram continues to confuse Effects Screening Levels (ESLs) with regulatory standards, when in fact ESLs are simply a level used by the TCEQ to determine when to initiate more investigation. Based upon our preliminary review of the reports and our understanding of TCEQ’s public statements: TCEQ Reports: - Longstanding TCEQ monitoring locations near oil and gas activity in the Metroplex has shown no increase in benzene and VOC levels. The levels remain below the long-term ESLs. - TCEQ monitored 94 sites across five counties and found only two locations in Wise County (neither of them Chesapeake sites) that would trigger immediate actions to reduce emissions. Both sites have been corrected by their operators. We understand one of these was corrected before the operating company was notified by the TCEQ. - TCEQ utilized FLIR cameras, and toxic vapor analyzers to provide real-time detection and estimation of total organic vapor concentrations. Based on the results of those screening tools, instantaneous samples were collected at some locations for laboratory analysis. Going Forward: - TCEQ will install two additional long-term monitoring locations at Eagle Mountain Lake and DISH. - TCEQ will return to conduct additional testing this spring similar to what was done during the fall and early winter. Chesapeake continues to proactively monitor our operations and work with the TCEQ to meet our goal of 100% compliance. Please find attached the TCEQ press release so that you can see firsthand just what was and wasn’t said. Please do not hesitate to contact me with any questions or comments. Thank you, Mercedes Bolen Mercedes R. Bolen Public Affairs Supervisor Chesapeake Energy Corporation 100 Energy Way From: Mercedes Bolen <mercedes.bolen@chk.com> To: "'Marcie Diamond (mdiamond@ci.coppell.tx.us)'" <mdiamond@ci.coppell.tx.us> Date: 1/28/2010 10:16 PM Subject: TCEQ Study Results Review Attachments: 01.28.10 TCEQ Release.pdf Page 1 of 2 1/29/2010file://C:\Documents and Settings\mdiamond\Local Settings\Temp\XPGrpWise\4B620CB8... Fort Worth, TX 76102 Main: 817.502.5000 Direct: 817.502.5633 Cell: 817.202.5853 mercedes.bolen@chk.com This email (and attachments if any) is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this email is not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by return email and destroy all copies of the email (and attachments if any). Page 2 of 2 1/29/2010file://C:\Documents and Settings\mdiamond\Local Settings\Temp\XPGrpWise\4B620CB8... More Study Needed on North Texas Quakes SMU Website 08-13-09 SMU's seismology group in collaboration with scientists at the University of Texas is preparing two preliminary, technical reports that address a series of small earthquakes that began on Oct. 31, 2008 in the area surrounding the DFW Airport. "While initial studies show a possible correlation between the earthquakes and one re- injection well used to dispose of waste fluids, it would be premature to state unequivocally that salt water disposal at this well is responsible for the earthquakes," said Brian Stump, SMU seismology professor. "Based on our current understanding, operations at the re-injection well seem to be a more probable cause of some earthquakes rather than from hydraulic fracturing, a process used in preparing the wells for gas production. But, more study is needed." "The two technical reports under development do not address the earthquakes that have occurred in the Cleburne area," Stump said. DETAILS SMU deployed six portable seismometers in the area surrounding DFW airport after the initial Oct. 31 seismic event and collected data from Nov. 9, 2008 until Jan. 2, 2009. Earthquakes recorded during this time frame are all similar and location estimates of those analyzed place them approximately 0.5 km from a salt water disposal well (SWD) and close to a mapped fault south of DFW airport. The proximity to both the disposal well and a mapped fault suggests these events may be associated with this disposal site. These earthquakes are located in a region with developing gas production. As part of this gas development boreholes are drilled horizontally in the producing zone, the Barnett Shale. Fluids are injected into these formations to fracture them and enhance the recovery of the gas, a process labeled as hydraulic fracturing or fracing. When gas is recovered, waste fluids are separated from the gas and must be disposed of, usually by re-injecting outside the producing zone, in this case by injecting well below the gas producing zone. The November through January earthquakes in the DFW area that have been studied coincide with one of these disposal wells. On May 16, 2009, additional small earthquakes occurred south of DFW airport. On June 2, 2009, an apparently unrelated earthquake sequence began near the city of Cleburne, Texas -- 65 km to the southwest of DFW. Ten portable seismic instruments were obtained from the Independent Research Institute in Seismology and are currently deployed with local cooperation south of DFW airport and in the Cleburne area in order to characterize these more recent events. Since these instruments are still in the field and recording data, the details of the recent seismicity at DFW airport and at Cleburne still are under study. In order to inform and educate the public concerning the recent seismic activities in the North Texas area, Chesapeake Energy is pleased to provide the following information. For more in-depth studies about earthquakes, log on to: www.usgs.gov. 1. Q: Were the recent earthquakes in and near Cleburne caused by natural gas drilling? A: There is no evidence suggesting that drilling contributed to the recent seismic events. Some geophysicists have said they don’t think it is possible, while several others have said there may be a correlation. Generally, most earthquakes occur at greater depths than drilling operations in the Barnett Shale. Chesapeake Energy supports the ongoing and independent study to determine a cause. 2. Q: Should the public be concerned? A: No. The seismic events in Johnson County have been very small, have caused no damage, and experts agree they are not a sign of stronger tremors to come. 3. Q: How strong have the earthquakes been near Cleburne? A: The tremors have been under a magnitude 3.0, which is “barely perceptible to humans” and “1,000 times smaller in energy” than earthquakes capable of causing damage, according to Brian Stump and Chris Hayward, two geologists from Southern Methodist University’s Roy M. Huffington Department of Earth Sciences. 4. Q: Are the recent earthquakes in Johnson County a surprise to experts? A: No. In the stable part of the continental crust, such as in North Texas, the release of stored energy occasionally results in small tremors like the ones recently recorded. Stump and Hayward, who are studying the cause of the Cleburne quakes, said, “It is not unusual for these events to occur in sequence over a short period of time.” 5. Q: Were there earthquakes in North Texas before advanced horizontal drilling technology increased production activity in the Barnett Shale? A: Yes. There have been several occurrences over many years, including: • 1950 – an earthquake measuring 3.3 in magnitude near Chico, 56 miles northwest of Fort Worth; • 1985 – an earthquake measuring 3.4 in magnitude in Valley View, 56 miles north of Fort Worth; • 1997 – an earthquake measuring 3.4 in magnitude near Commerce, 57 miles northeast of Dallas 6. Q: Have there been earthquakes in other parts of Texas? A: Yes. Seismographs near El Paso record small tremors with a magnitude of 2.0 or less every few days. Nearly every year earthquakes large enough to be felt by citizens occur somewhere in Texas. 7. Q: How do scientists measure an earthquake? A: Earthquakes are recorded by an expansive monitoring system, known as The Global Seismographic Network, with more than 150 data-collecting stations around the world that detect seismic activity. The system picks up every instance in which there is a “slip” of one block of rock over another, releasing energy that makes the ground vibrate. Magnitude is the most common way to determine an earthquake's size, and is done by a globally recognized scale of measurement taken from the quake’s originating source. 8. Q: What is a Richter scale? A: The Richter scale is a mathematical formula that measures the magnitude of a seismic disturbance in terms of the energy dissipated within it, with 1.5 indicating the smallest earthquake that can be felt, 4.5 representing an earthquake capable of causing slight damage, and 8.5 being a devastating earthquake. 9. Q: How do the different categories of earthquakes, in terms of strength, affect the ground above? A: In terms of Richter scale magnitude, here is what can happen: • 2 – barely felt; • 3 – may rattle dishes in a one-square-mile area; • 4 – widely felt and strong enough to crack plaster; • 5 – strong vibration, damaging chimneys and weak buildings; • 6 – strong enough to badly damage average buildings; • 7 – strong enough to destroy even well-built structures; • 8 – even special, earthquake-resistant buildings will be badly damaged; • 9 – there is widespread damage. 10. Q: How do earthquakes occur? A: Earthquakes are part of a naturally occurring global process, involving the movement of the Earth’s crust that generally occurs well beyond the influence or control of humans. Recent seismic activity illustrates the earth’s dynamic nature. Rocks in the earth’s crust store energy that is relieved when faults slip and this motion generates waves that are felt or recorded during an earthquake. 11. Q: What is a fault? A: A fault is a fracture or zone of fractures between two blocks of rock. Faults allow the blocks to move relative to each other. This movement may occur rapidly, in the form of an earthquake — or may occur slowly, in the form of a “creep.” Faults may range in length from a few millimeters to thousands of kilometers. Most faults produce repeated displacements over geologic time. During an earthquake, the rock on one side of the fault suddenly slips with respect to the other. The fault surface can be horizontal or vertical or some arbitrary angle in between. 12. Q: Where are faults located in North Texas? A: There are hundreds of faults located under the Metroplex, and they are not commonly studied, even by the United States Geological Survey. 13. Q: Has drilling ever been suspected of causing a major earthquake? A: No. Neither the U.S. Geological Survey nor any other earthquake-monitoring group has ever detected a serious man-induced tremor – anywhere in the world. Additional resources include: www.iris.washington.edu/hq/ www.ig.utexas.edu/research/projects/eq/index.htm Research Credits: United States Geological Society University of Texas at Austin, Institute For Geophysics Incorporated Research Institutions for Seismology/National Science Foundation Oracle Education Foundation (Forces of Nature) Southern Methodist University, Roy M. Huffington Department of Earth Sciences WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING February 9, 2010 13 ✔ PUBLIC HEARING Consider approval of text amendments to the Code of Ordinances – Chapter 12-Zoning, to add Section 12-32B, “Small Wind Energy Systems”, to establish regulations for small scale wind turbines within the City of Coppell and to amend Section 12-30 to permit this use by Special Use Permit. SEE ATTACHED STAFF REPORT On January 21, 2010 the Planning Commission unanimously recommended approval of a text amendment to add Section 12-32B, “Small Wind Energy Systems”, to establish regulations and amend Section 12-30 to permit this use by Special Use Permit.(6-0). Commissioners Frnka, Haas, Jett, Kittrell Sangerhausen and Tankersley voted in favor, none opposed. On December 17, 2009 the Planning Commission held this text amendment under advisement. Staff recommends APPROVAL. @04 SWES Text Amendment-1 AR ITEM # 6 Page 1 of 8 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: CODE AMENDMENT – Small Wind Energy Systems P&Z HEARING DATE: December 17, 2009 (Continued to January 21, 2010)* C.C. HEARING DATE: February 9, 2010 STAFF REP.: Matt Steer, City Planner REQUEST: To amend the Code of Ordinances – Chapter 12- Zoning, to add Section 12-32B., “Small Wind Energy Systems” to establish regulations for small scale wind turbines within the City of Coppell and to amend Section 12-30 to permit this use by special use permit. HISTORY: In September 2007, the former City Manager, Jim Witt, formed the “Coppell Sustainability Committee” to look at ways we could, as a municipal government, become more environmentally sustainable. Since that time, the committee has grown and evolved to include virtually every department of the city and is now known as the “Green Team”. Each department was asked to contribute in achieving a more sustainable city within their realm. Since the inception of the Green Team, the City has initiated: o An Environmental Management System (EMS) program at the Service Center and Aquatics and Recreation Center, o Various facility retrofits, o LEED certification for the Grapevine Springs Community Center, o A revised purchasing policy, o Upgrades to energy efficient equipment, o A no-idling policy, o Electrification plug-ins at the fire training sites for emergency vehicles, o Purchasing hybrid vehicles for the city fleet (11% is hybrid), * Updates to original staff report are shown in bold. ITEM # 6 Page 2 of 8 o 50% recycled paper to be used at City Hall, o And the list goes on to include various education programs, motion sensors being installed, recycling program, etc… At the beginning of this year, the Coppell 2030 Vision, was adopted. It includes statements/strategies such as one entitled “Special Place to Live”. The objective under this strategy that related to alternative energy was to become a model “green” community demonstrating best practices and to adopt building standards to include green concepts and methods for construction and development. The value to the residents were: 1) Doing the right thing for the city and the environment, and 2) Conserving natural resources. Of the short term critical factors for success, defining “green” concepts and their application to Coppell was included. Also stated in Coppell 2030 Vision is a suggestion to regulate developments, buildings, land uses and appearance for community and residents’ benefit by developing “green” standards and incentives for more energy conservative buildings and homes. In summary, the Coppell 2030 Vision coupled with the Green Team’s quest to update all ordinances, regulations, policies, plans and procedures to consider environmental factors and sustainable practices led to staff’s briefing to the Planning and Zoning Commission at the August 20, 2009 Work Session regarding alternative energy sources (wind and solar). After the briefing, the Planning and Zoning Commission advised staff to research the possibility of incorporating regulations for wind turbines and solar panels into the Coppell Code of Ordinances. Staff conducted a general review of the two technologies, performed a survey of surrounding regulations, looked at return on investments (ROIs) for both and came up with a framework for regulating both. Since that time, staff has conducted more extensive research on solar technology and found that solar panels are already allowed by right within the Zoning Ordinance. Except for standard permitting procedures to ensure structural integrity, a proposal for solar panels attached to the roof of the home are not required to obtain any zoning action. Further research into wind technology pointed out that small scale wind turbines and the large ones found on wind farms are entirely different technologies with different scales, different impacts on properties, adjacent property values, are different markets and overall, have different policy needs. Therefore, at the November 19, 2009, Planning and Zoning ITEM # 6 Page 3 of 8 Commission Work Session, staff was directed to focus on small wind turbine systems, and present a proposed Draft Ordinance at the December 17, 2009 Planning and Zoning Commission Meeting. The Draft Ordinance was presented at that meeting. The case was held under advisement until the January 21, 2010, meeting in order for staff to address Planning Commission concerns. These concerns and how they were addressed are found in bold* within the Summary of the Draft Ordinance below. DISCUSSION: Overview: According to an article entitled “Wind Generation in Texas” in Popular Mechanics magazine, “If it were a country, Texas would rank sixth in wind power, after Germany, the U.S. as a whole, Spain, India and China. While U.S. wind-power capacity grew by 43 percent in 2007, in Texas it rose by 57 percent. All told, the state’s turbines now produce more than 8,300 megawatts of electricity, enough to power about 2 million homes; nearly 3,000 are produced in Sweetwater’s Nolan County alone. In comparison, Vermont produces 6 megawatts; Oregon, 1,408. Even California generates just 2,781 megawatts from wind power, and it built its first wind project nearly three decades ago.” The Dallas area sits in a geographic location in which the threshold of the minimum average wind speed (approximately 11 miles per hour) makes wind energy effective. Currently, Dallas is not the prime location for large scale wind turbines, as other cities in Texas (Sweetwater, Corpus Christi, Lubbock, Amarillo) have a higher average wind speed, and would be more appropriate for the siting of this type turbine. However, small scale wind energy systems are more likely to be requested here, as they benefit the property on which they are located. Small wind energy systems involve turbines which typically have a rated capacity of not more than 10 kilowatts (kW), and are intended to primarily reduce on-site consumption of utility power. It is reasonable to assume that Coppell residents will be more and more interested in this technology as it continues to improve and becomes more practical as a cost efficient energy source. Currently, the return on investment (ROI) for wind energy is about 5-10 years; however, with the many tax credits, tax exemptions and production incentives available on the state and federal level, the ROI is increasing. On average, a home can be * Updates to original staff report are shown in bold. ITEM # 6 Page 4 of 8 powered with a 10 kilowatt system, and a system of this size would cost about $40,000. Due to height restrictions and limited space, a system of this size cannot usually be installed at the residential level; however, there are still opportunities for smaller sized systems. Small wind energy systems currently have a lifetime of about 25 years. They can be roof mounted or free standing and typically consist of a steel tower with steel or glass-reinforced plastic rotors. Municipal Research: Attached is a summary of several Dallas area cities that have wind energy ordinances. Of 10 area cities, only one, Lewisville, specifically prohibits wind systems. Addison, Duncanville, Garland, Grand Prairie, Oak Point, and Waxahachie require Special Use Permits (SUP’s). Garland and Oak Point have height restrictions of 40 feet, while a less dense area, such as Wylie, has a restriction of 60 feet. Most of the cities allow roof-mounted systems to extend no more than five feet above the roofline. Rowlett recently considered an ordinance that would require a special use permit and would limit the height to 40 feet. If the standard tower setbacks are applied to Coppell (ranging from 1 to 1.25 times the height of the tower), the majority of the sites would be unable to build up to the 120-foot maximum height being recommended in our ordinance due to a number of constraints. Almost all the cities require that wind energy systems comply with existing noise ordinances, usually a maximum of 65 dBa in residential areas. Currently, most small wind systems operate at 55 dBa and below. Almost all the cities only permit a wind energy system as a secondary use, require specific methods of removal and maintenance, and require a neutral color, non-metallic finish on the system. Attached is the proposed draft ordinance for your consideration. A brief summary of what is covered within the ordinance is below. Summary of Draft Ordinance: Permissible Districts: A Special Use Permit would be required for all districts within the City of Coppell. An analysis of all the districts was performed and staff did not want to limit the districts in which these energy systems might be permitted. By requiring an SUP, each site can be analyzed on a case by case basis, allowing adjacent property owners an opportunity to offer comments regarding turbine locations. Height: The maximum height recommended is 120 feet although reaching this height would be possible in very few instances. This is based ITEM # 6 Page 5 of 8 on greatest height desired for this type system even if all the setback standards and FAA regulations are met. Only in the rarest of cases will this be attainable in the city of Coppell. We wanted to leave in the ability to achieve the maximum potential for the majority of the sites in regard to height, as this is the most critical factor in establishing wind energy production. The greater the height, the greater the wind speed, and the greater the wind speed, the greater the energy produced by the turbine. A graph and a chart are depicted on the attached- Pages 6 and 7, of the “Guide for State and Local Governments- In the Public Interest, How and Why to Permit for Small Wind Systems”, published by the American Wind Energy Association. Planning and Zoning Commission Concern*: There are differing heights of structures within each respective district and rather than setting a maximum height for that district, establish a maximum height above a ridgeline of a structure within each district. Previous Draft: There was a proposed 50-foot height limitation on roof-mounted turbines in all districts except TC, HC and LI. In those districts, a maximum of 15 feet above the maximum height allowed within the district was proposed due to each of those having special height limitations in certain situations. The height was never to exceed 120 feet. Revised Draft: A maximum of 60 feet in height is now proposed on roof-mounted turbines in all single family and two family residential districts with a limit of 20 feet from the peak of the existing roof height. Within the townhouse and multifamily districts the height is increased to a 70-foot maximum for roof-mounted with a limit of 25 feet from the top of the blade to the existing peak. The height for Office, Retail, Commercial and Town Center Districts mimics this requirement, as the scale of the buildings found within these districts is similar to the scale of those found within the multifamily and townhome districts. Within the LI and HC Districts the height of roof-mounted turbines was changed to not exceed 25 feet from the existing height and shall never exceed 120 feet. Also, a section entitled Ground/Roof Clearance was added. This states a 15-foot minimum height for blades or other exposed moving components from grade for freestanding turbines, and states a 10-foot minimum clearance above the roof, if roof mounted. * Updates to original staff report are shown in bold. ITEM # 6 Page 6 of 8 Setbacks: The recommended minimum setback is one foot away from the property line for each foot in height; a one to one ratio, if a freestanding structure. Special consideration can be given to towers using a collapsible or other type of engineered system that can fall onto itself rather than fall over onto something else, or someone else’s property. Previous Draft*: A provision allowed for lesser of a setback to be provided as long as a written agreement between adjacent affected properties was filed. Planning and Zoning Commission Concern: There was some concern related to the fall zone being on an adjacent property even if an agreement was reached between property owners. Revised Draft: After consultation with the City Attorney, regarding the liability concerns, this provision allowing for a written agreement between property owners was taken out. Also, a provision related to liability insurance was added. This states- “Owners of any Wind Energy System must provide a minimum amount of $100,000 liability insurance that covers the wind turbine and all other components, and proof of such insurance coverage must be provided to the City prior to permitting.” The provision allowing for a reduction in setback distance if the freestanding turbine is self-collapsible was left in the revised draft ordinance. Aesthetics: The recommendation is that the turbine shall be of Monopole Construction, if freestanding, and neutral in color (grey, white, off- white). This will create uniformity within the city and will be the least obtrusive of the types of towers (others include guy wire and lattice) which tend to be bulky and unsightly. No signs (other than necessary emergency, warning, manufacturer or owner information) will be permitted on a tower. Planning and Zoning Commission Concern: Some concern was expressed relating to color of the turbines and the number of turbines allowed on site. Previous Draft: No maximum number of turbines per site was included. The turbines were to be limited to a neutral color and * Updates to original staff report are shown in bold. ITEM # 6 Page 7 of 8 subject to any applicable aesthetic standards of the Federal Aviation Administration (FAA). Revised Draft*: No maximum number was included, as the provisions requiring the turbine to be accessory to the principal structure and to primarily reduce on-site consumption of utility power prevents wind farms of small scale wind energy systems from being attainable. Clarification was added to state that they should be non-reflective and maintain a neutral matte color. Noise: The recommendation is that a maximum of 60 dBa measured at the property line be allowed. The higher the tower the greater the distance from the property line and the lesser the noise. Previous Draft: 60 dBa was the maximum allowed and it was to be measured at the at property line. Revised Draft: After further consideration and a review of industry standards for noise, this was reduced to 55 dBa maximum, measured at the property line. Construction Standards: It is recommended that a turbine meet all State and Federal requirements, specifically the FAA standards and conform to all Coppell Building Codes and safety standards. Timelines for maintenance and abandonment have been included within the proposed ordinance. Frequently Asked Questions: Attached are frequently asked questions and their responses for your reference. These have been taken with permission from the Wind Energy Systems, LLC website which proved very helpful throughout the research and development of the draft ordinance for this proposal. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPRVOAL of the proposed amendments to the Code of Ordinances – Chapter 12- Zoning, to add Section 12-32B., “Small Wind Energy Systems” to establish regulations for small scale wind turbines within the City of Coppell and to amend Section 12-30 to permit this use by special use permit. * Updates to original staff report are shown in bold. ITEM # 6 Page 8 of 8 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Redlined Draft Small Wind Energy Ordinance (Section 12-32B, Small Wind Energy Systems) 2. Summary of Nearby Cities’ Regulations related to Wind Energy Systems 3. Pages 6 and 7 of the American Wind Energy Association Publication 4. Wind Energy Frequently Asked Questions Draft Ordinance – Small Wind Energy Systems Section 12-30-4 to 12-30-13A. S or SUP, Special Use Permit is required for “Small Wind Energy System/Small Scale Wind Turbine” in each district. 12-32B-1 Purpose. The purpose of this section is to establish regulations to site small wind energy systems. The goals of this section are to: 1) Increase visible indicators of community support for clean energy, 2) Reduce pollutants from traditional forms of energy, 3) Promote alternative/renewable energy within the city, 4) Reduce pressure on the local electricity grid, 5) Increase local energy independence, 6) Enhance reliability and power quality of the power grid, and 7) Reduce peak power demands. 12-32B-2 General requirements: (A) Definitions: (1) Small Wind Energy System/Small Scale Wind Turbine: A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity of not more than 100 kilowatts (kW) and which is intended to primarily reduce on-site consumption of utility power. (B) Special Use Permits shall be required for all Small Wind Energy System/Small Scale Wind Turbines. (C) Small wind energy systems are only allowed as accessory to the principal structure, unless located within a designated common area (lot or easement) within a subdivision. The deed restrictions and/or restrictive covenants shall be required to be submitted to ensure turbines are allowed under their provisions and to address the maintenance responsibility. 1. The responsibility of the common area is required to be an adjacent property owner, the same homeowners association responsible for maintenance of the area or the same property owner on which the common area is located. The energy generated by the turbine must supply electricity to an object or structure on the same site or in the general vicinity of the wind turbine. (D) Lot Size: There shall be no minimum lot size (E) Standards of Construction/Aesthetics: Turbines shall meet the following requirements: (1) Turbines shall be either roof mounted, co-located on existing towers/poles or be of monopole construction, if freestanding. (2) All turbines shall only be installed under the seal of a professional structural engineer registered by the State of Texas. (3) All power lines associated with the wind energy system shall be located underground. (4) Turbines shall be non-reflective, maintain a neutral color so as to reduce visual obtrusiveness and shall be subject to any applicable aesthetic standards of the Federal Aviation Administration (FAA). (F) Setbacks: the following setback requirements shall apply only to all freestanding turbines and all roof-mounted turbines shall be the same as the main structure: (1) Measurement: for purposes of measurement, turbine setbacks and separation distances shall be calculated and applied to proposed facilities located in the city irrespective of other city boundaries. No part of any wind energy system shall encroach upon or extend into any recorded easement. (a) Side and rear yard setbacks in all permissible districts: 1. A freestanding turbine shall be setback a minimum distance equal to the height of the tower plus the length of one blade (the turbine’s total extended height) from adjacent property lines, utility lines and/or road rights-of-way. 2. Special consideration may be given to freestanding turbines using a self-collapsible system. (b) Front yard and street side yard setbacks in all permissible districts: 1. A freestanding turbine shall be setback the same minimum setback distance established by the main structure, and 2. Shall be setback a minimum distance equal to the height of the tower plus the length of one blade (the turbine’s total extended height) from adjacent property lines, utility lines and/or road rights-of-way, whichever is greater. (G) Height: (1) Freestanding Small Scale Wind Turbine maximum height in no case shall exceed 120 feet measured from grade to the tip of the highest point (including blade). (2) If attached to the roof of a structure located within a SF-ED, SF-12, SF-9, SF-7, SF, 2F-9 or MH district, the height of the turbine shall not exceed 20’ above the height of the existing structure and in no case shall exceed 60’ from grade. (3) If attached to the roof of a structure located within a TH-1, TH-2, MF- 1, or MF-2 district, then the height of the turbine shall not exceed 25’ above the height of the existing structure and in no case shall exceed 70’ from grade. (4) If attached to the roof of a structure located within an Office, Retail, Commercial, or Town Center district, the maximum height of the turbine shall not exceed 25’ above the height of the existing structure and in no case shall exceed 70’ from grade. (5) If attached to the roof of a structure located within a Highway Commercial or Light Industrial district, the maximum height of the turbine shall not exceed 25’ above the height of the existing structure and in no case shall exceed 120’ from grade. (H) Ground/Roof Clearance: (1) The lowest extension of any blade or other exposed moving component shall be at least twenty (20) feet above grade, if freestanding, and (2) The lowest extension of any blade or other exposed moving component shall have at least ten (10) feet clearance above the roof, if roof-mounted. (I) Sound: Under normal operating circumstances (excluding blackouts and full battery banks) the sound shall be not exceed 55 dB measured at the property line. (J) Landscaping/Tree Retribution: If existing landscaping is to be removed as a result of the proposed wind turbine, it shall adhere to Article 34 Landscape Regulations. (K) Access: Foot pegs or rungs below 12 feet of a freestanding tower are not allowed. (L) Lighting: Turbines shall not be artificially lighted, unless required by the FAA or other applicable authority. (M) Signs: all signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on a wind generator, tower, or other structure associated with a small wind energy system visible from any public road or adjacent property shall be prohibited. The manufacturer’s or installer’s identification, appropriate warning signs, or owner identification signs shall comply with Section 12-29-3. (N) State or federal requirements: All turbines must meet or exceed current standards and regulations of the FAA, FCC, OSHA and any other agency of the state or federal government with the authority to regulate turbines. If such standards and regulations are changed, then the owners of the turbine(s) shall bring the turbine(s) into compliance with such revised standards and regulations within 90 days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring turbine(s) into compliance with such revised standards and regulations shall constitute grounds for the removal of the turbine(s) the owner’s expense. (O) Building codes; safety standards: To ensure the structural integrity of turbines, the owner of a turbine shall ensure that it is maintained in compliance with standards contained in applicable state or city building codes, as amended from time to time. If, upon inspection, the city concludes that a turbine fails to comply, then upon notice being provided to the owner of the turbine, the owner shall have 90 days to bring such turbine into compliance with such standards. Failure to bring such turbine into compliance within said 90 days shall constitute grounds for the removal of the turbines at the owner’s expense. (P) Utility Notification: No small wind energy system shall be installed until evidence has been given to the city at time of permitting that the utility company has been informed of the customer’s intent to install an interconnected customer- owned generator. Off-grid systems shall be exempt from this requirement. (Q) Liability Insurance: Owners of any Wind Energy System must provide a minimum amount of $100,000 liability insurance that covers the wind turbine and all other components, and proof of such insurance coverage must be provided to the City prior to permitting. (R) Abandonment: If turbine has been inoperable for ninety days, a letter may be issued and removal shall be required (at the owners expense) if operation has not been restored within ninety days from the date of the letter. 12-32B-3 A Special Use Permit is required in all Zoning Districts for the installation of a new wind energy system or the conversion of an existing tower to support a turbine: (A) General: the following provisions shall govern the granting of special use permits for small scale turbines by the city council and the recommendations of the planning and zoning commission: (1) If administrative approval is not deemed appropriate by the Chief Building Official, as outlined in Section 12-32B-4, then a special use permit shall be required for the construction or the placement of a turbine in all districts. (2) Applications for special use permits under this article shall be subject to the procedures and requirements of Article 30 of the Comprehensive Zoning Ordinance except as modified in this section. (3) A special use permit may impose conditions to the extent the city council and/or the planning and zoning commission conclude such conditions are necessary to minimize any adverse effect of the proposed turbine on adjoining properties. (4) Any information of an engineering nature that the applicant submits, whether civil, mechanical, structural, or electrical, shall be certified by a licensed professional engineer in the state of Texas. (5) An applicant for a special use permit shall submit the information described in Section 12-32B-3(B) and the standard Special Use Permit fee as established by the City Council. (B) Small Scale Wind Energy Systems Special Use Permit Procedures. (1) Information required: In addition to any information required for applications for special use permits pursuant to Article 30 of the comprehensive zoning ordinance, applicants for a special use permit for a turbine shall submit the following information: (a) A scaled site plan clearly indicating the location, type and height of the proposed turbine, on-site land use and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines and relevant setback dimensions as specified in Section 12-32B-2(F), elevation drawings of the proposed turbine(s) with color, dimensions and other information deemed by the City Planning Director to be necessary to assess compliance with this ordinance. (b) A site wind study determining appropriate location based on wind velocity and nearby obstructions shall be required to insure the potential for electricity generation and to insure that there will be no negative affect on existing nearby wind energy systems. (c) Structural Plan sealed by a licensed engineer in the State of Texas. (d) Legal description of the proposed property. (e) The setback distance between the proposed turbine and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. (f) A statement that the applicant is in compliance with subsections 12-32B-2 and all applicable federal, state or local laws. (2) Factors considered in granting special use permits for turbines: In addition to any standards for consideration of special use permit applications pursuant to Article 30 of the Comprehensive Zoning Ordinance, the City Council and the City Planning and Zoning Commission shall consider the following factors in determining whether to grant a special use permit; although, either body may impose such reasonable conditions which shall include but not be limited to: (a) Proximity of the turbine to residential structures and residential district boundaries; (c) Nature of uses on adjacent and nearby properties; (d) Surrounding topography; (e) Potential impact on surrounding tree coverage and foliage; (f) Design of the turbine, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; (g) Integration with surrounding architecture if roof-mounted; (h) Compatibility with the surrounding area to avoid visual clutter; (i) Access to and from the turbine; and (j) Such other reasonable conditions that insure health, safety and welfare of the community. 12-32B-4 Administrative approval may be considered appropriate for replacement or repairs. (A) General. The following provisions shall govern the issuance of administrative approval for turbines. (1) The Chief Building Official may administratively approve an amendment to an existing SUP for a wind turbine. (2) The application for administrative approval shall contain information set forth in subsection 12-32B-3 and a nonrefundable fee as established by resolution of the City Council to reimburse the city for the costs of reviewing the application for all nonresidential projects. (B) List of administratively approved uses. The following uses may be approved by the Chief Building Official after conducting an administrative review: (1) Replacement of existing turbines located on existing towers/poles or replacing the small wind energy system in its entirety, provided that: (a) The turbine does not increase the previously approved height of the tower or pole by more than the length of the blade and in no circumstance shall the extended height exceed 120’; (b) The turbine complies with the Federal Aviation Administration (FAA) regulations and all applicable federal and state regulations; and (c) The turbine complies with all applicable building codes. Adjacent City Wind Energy System Comparison Addison Duncanville Ft Worth Garland Definitions Wind energy system. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 10 kW and is intended to reduce on-site consumption of electricity. Wind Energy System means a wind-driven energy conversion system that converts wind energy into electricity through the use of wind energy that drives a wind turbine, that has a rated capacity of not more than 10kw output at any given time, and that is intended for on-site production and consumption of electricity. Roof Mounted System refers to any system designed to be mounted on the roof of a structure that does not extend more than sixty (60) inches above the roof line. Permitted/SUP SUP, any district SUP, any district Permitted with approval from Code Official SUP, SF-16, SF-7, SF-10, D, CA- 2 Minimum Lot Size Maximum Tower Height max. 40 ft. Additional specifications for VAWTs Set-Back may not be located nearer to a side or rear lot line than the height Other Placement Restrictions rear yard only, prohibited in easements Noise Compliance FAA, any other applicable state or federal standards Other Requirements permitted only as a secondary use, no signs on system, building permit, provide notice to utility co., must be approved by a plan commission after public hearing, roof mounted systems exempt from many specifications, considered abandoned if in disuse for 12 months - 90 days to remove after notice, 60 days to repair or remove after notice Max kW 10 10 Adjacent City Wind Energy System Comparison Grand Prairie Lewisville Oak Point Definitions Small Wind Energy System: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is primarily intended to reduce on-site consumption of utility power. Wind Energy System or System shall mean a wind energy conversion system that converts wind energy into electricity through the use and consisting of a wind turbine, a tower, and associated control or conversion electronics, that has a rated capacity of not more than 20kw for residential systems and not more than 100 kw for commercial systems and is intended for on-site production and consumption of electricity to serve the needs of the consumer. Permitted/SUP SUP, any district Prohibited unless a variance is granted by city council SUP, any district Minimum Lot Size 2 acres Maximum Tower Height max. 80 ft if 3 acres or less, max. 150 ft otherwise max. 40 ft Set-Back 1.25 times the tower height from all property lines, public rights-of- way, occupied buildings, and utility lines. At least 15 ft. may be no closer to the property line than the highest point of the system. At least 10 ft. Other Placement Restrictions must be 75 ft or 5 times diameter of rotor from any other tower 40 feet from any primary structure, prohibited in easements Noise comply with city ordinances 50 dBa 7:00 a.m. to 10:00 p.m.; 35 dBa 10:00 p.m. to 7:00 a.m. Compliance FAA FAA, National Electric Code, any other applicable state or federal standards Other Requirements lowest part of rotor must be 30 ft above highest allowed structure or potential tree height if within 300 ft of property line, redundant braking system, posted warnings, climb prevention measures, building permit permitted only as a secondary use, no signs on system, 6 ft screening, provide notice to utility co., $300,000 liability insurance, considered abandoned if in disuse for 12 months - 90 days to remove after notice, 60 days to repair or remove after notice, building permit Max kW 100 residential: 20; commercial: 100 Adjacent City Wind Energy System Comparison Rowlett Waxahachie Wylie Definitions “Wind Energy System” means a wind-driven energy conversion system that converts wind energy into electricity though the use of wind energy that drives a wind turbine, that has a rated capacity of not more than 10 kilowatt (kw) output at any given time, and that is intended for on-site production and consumption of electricity. Roof Mounted Systems. Any system designed to be mounted on the roof of a structure that does not extend more than sixty (60) inches above the roof line. Small wind system - a wind-driven energy system that converts wind energy into electricity through the use and consisting of a wind turbine, a tower, and associated control or conversion electronics. These systems must not exceed 10 kW, per system, and their primary use must be to reduce on- site consumption of electric utility power. Wind Powered System means a machine designed to convert kinetic energy in the wind to mechanical or electrical energy, for the primary purpose of on-site use and not for resale or transmission off-site. Wind energy conversion systems include a tower and all directly connected facilities and associated control equipment, but not including any wired connections stemming from the tower. Permitted/SUP SUP, any district SUP, SF-1, SF-2. SF-3. I, PD Building permit required Minimum Lot Size 2 acres Maximum Tower Height max. 40 ft. Additional specifications for VAWTs max. 60 ft (R or C); max. 100 ft (I) Set-Back may not be located nearer to a side or rear lot line than the height set back from all property lines a distance equal to 1.1 times the height of the tower and its equipment setback from all boundaries of any lot or habitable structure by a distance equal to at least one hundred twenty-five percent (125%) of the tower’s height Other Placement Restrictions rear yard only, prohibited in easements 1.1 times the height from any occupied buildings systems must be separated by a distance equal to at least the height of the tallest such tower Noise comply with city ordinances Compliance FAA, utility co., any other applicable state or federal standards FAA, any small wind certification program recognized by AWEA Other Requirements permitted only as a secondary use, no signs or lighting, public hearing notifying within 400 ft, considered abandoned if in disuse for 6 months - 90 days to remove after notice, 60 days to repair or remove after notice, building permit, roof mounted systems exempt from regulations permitted only as a secondary use, monopole, nonreflective, no signs or lighting, manual and automatic braking system, building permit, provide notice to utility co., letter every other year from engineer confirming compliance, considered abandoned if in disuse for 6 months - 90 days to remove after notice, 60 days to repair or remove after notice Max kW 10 10 wet stamp required if greater than 20 Why Do They Need To Be Tall? A tall tower is the single most important factor in the economic viability of a small wind system. Tall towers enable turbines to access faster and better quality winds, and even small increases in wind speed translate to exponentially more energy the turbine can generate. In other words, a taller tower means far more - and cheaper - energy. The best sites for turbines are those where the wind is least obstructed, which is often the highest point on a property. The bottom of the turbine rotor should clear the highest wind obstacle (rooftop, mature tree, etc.) within a 500 foot radius by at least 30 feet. Doing so ensures the turbine reaches consistent, fast wind speeds and prolongs the life of the turbine by avoiding stressful air turbulence. T HE I MPORTANCE OF H EIGHT 6 Ventera 10kW turbine Putting a turbine on too short of a tower is like placing a solar panel in the shade. Restrictive Zoning Rules Can Undermine State Law Several states offer financial incentives to promote small wind turbines and clean energy. But zoning height limitations can prevent turbines from generating any meaningful amount of energy, thwarting the intent of the state incentive. American Wind Energy Association www.awea.org/smallwind Overly conservative zoning height restrictions therefore cost the owner money - and a lot of it. They can also mean more sound, since taller towers raise the generator high above the ground, diluting sound considerably. Sound decreases four-fold with every doubling of distance from the turbine (including distance above the ground) so taller towers are better for their owners as well as neighbors. (See also “Sound” p. 11.) For zoning officials, the importance of strong winds also means that tower height cannot be compromised as a gesture to neighbors concerned about the visibility of the turbine. "Hiding" a turbine from neighbors using a shorter tower almost always means hiding it from the wind, too. 7 Bergey WindPower 10kW XLS turbine Mariah Power Windspire 1kW turbine Nor do two shorter installations make an acceptable substitute for a single, taller one. A tower alone can comprise 50% or more of a system's total cost, so multiple, shorter turbines (on multiple towers) cost the owner far more than a single, taller system. (See also "Multiple Turbines," p. 14.) It is also important to keep in mind that a turbine's generator size (generating capacity, measured in kilowatts or kW) has little, if anything, to do with its tower height. Sometimes zoning regulations mistakenly limit tower heights based on the size of the turbine's capacity, thinking that a 2kW turbine, for example, always corresponds to a 40 foot tower. This is not the case. Appropriate tower height is matched to a turbine depending on surrounding terrain, trees and buildings, and wind resource. Therefore, tower height restrictions, if any, should only reflect sound and safety concerns rather than be designed to correspond to a system's generating capacity. Most often, in fact, established sound and setback requirements negate the need even to mention height in regulations for small wind systems. FAQAboutWind andSolarEnergy WindEnergySystems LLC Page1 wi Energy systems Providinthe Enerof Tomorrow Home Grants Incentives Manufacturers WindEnergyFAQ SolarEnergyFAQ Upcoming Events Careers ContactUs WhereAreWe focuson energy rpoker111yOM Wind Energy FAQ Whatarewindturbines madeofHow muchdoesawindsystem costIveheardabout anewsmallwind turbinethat startsup andruns atverylowwind speeds Isthata newIdeaWhat isthe standardpayback period Willithelpthe environment ifIinstall awindturbineat myhomeHowdo 1getapermit toinstall a turbineDo windturbinesfrightenlivestockHow doresidential windturbines workWhy dont they maketurbines thatlook likeoldfashionedwindmillsWhatsizeturbine doI needformyhomeWilla smallwindturbine save memoneyAre there anyrebate orincentiveprograms availablewhereIlive What about towersHow manyturbines are neededto powerahouseholdorfarm Isthere anythingI should watchout forwhen buyinga smallwindturbineWhatisa VerticalAxiswindturbineor VAWT How reliablearewindturbinesWillI havetoperformmuchmaintenanceWillmyutility allow me tohookupawindgeneratorWill mylocalgovernmentallow meto install awindturbine CanIpower mywholehousewithawindturbineHowdo smallwindturbinescomparewith otherrenewableenergy technologiessuitablefordecentralized ruralelectrificationCan I mountthe turbineon myroofDowind turbines makenoise orinterferewithTVreception How muchwindpotentialdoesmysite haveDosmall wind turbines killbirds Aresmallwindturbinessafe Arentwindturbines toohightechfor regular people Whatarewindturbines made of mra The towersare mostlytubular and madeof steelgenerally painted light greyTheblades are made ofglass fibre reinforcedpolyesterorwoodepoxyThey are light grey becausethisisthecolourwhich ismost inconspicuous undermost lighting conditions Thefinishismatt toreducereflected lightCourtseyof bweacom http wwwwindenergysystemsllccomfaqaspx categoryWind 1242009 FAQ AboutWindandSolarEnergy WindEnergySystems LLC Page 2 How much doesawindsystemcost Small windenergy systemscostfrom 3000to 6000foreverykilowatt of generatingcapacityorabout 40000fora system installed largeenough topowermostof ahome Thisismuchcheaperthan solar systems butthepayback periodcan still be lengthy aslittleas6butup to30 yearsThatswhyits important to takeadvantage ofrebates ortaxcreditsavailable forsmallwindsysteminstallations Wellsited smallwindturbines canusuallypayforthemselves within15 yearsabout halftheir serviceable lifetimes if theright incentivesare appliedCourtesyof AWEAcom Iveheardabout anew smallwindturbinethat startsup andrunsat verylowwindspeeds Isthat a newIdea NoMany inventors havedeveloped turbines thatrun at low wind speedsBut becausetheenergyavailable inthe wind isa functionof thecubeof itsspeedthere isverylittleenergyavailable tobeharvested at wind speedsless than4 meterspersecond ms9 mphIf youareconsidering thepurchase of asmallwind turbine theabilityto run atlow windspeedsshouldnotbe animportantfactor inselecting amachine Courtesyof AWEAcom What is thestandardpaybackperiod Each installationsitewill beunique withvariables suchassite windprofilestopography type of storage heightof thetowerandtypeandsize of windturbine installed Inaddition returnon investment calculationsseldom figure inthe increasingcostof utility orfuelchargesover timeThereforeanystandard paybackperiodwouldat bestbe only anestimate Soconsider more importantlythelife cycleof your installationOnce installedyour utitlityorfuelcoststoruna turbineisZERO Willithelptheenvironment ifIinstalla windturbineat myhome YesWindturbines produceno airwaterorthermalpollutionandemitnogreenhouseorsmogcausing gases Byusingwindpoweryouwillalso beoffsetting pollutionthatwouldhavebeengenerated byyour utility company Overits lifea smallresidential windturbinecan offsetapproximately12tonsof air pollutants and200 tonsof greenhouse gaspollutants carbondioxideandothergases which causeglobal warmingCourtesyof AWEAcom Howdo Iget a permit to installaturbine A buildingpermit willberequired to install yourwind turbine systemYou willneedtocontact yourlocal buildingdepartment to determineiftheyhaveestablished regulationsforwindturbines Manydepartments do nothavewindturbineregulationsestablished this shouldchange intimeaswind turbinesbecome more prevalent Therefore youmay needto apply forazoning varianceat apublic hearing withyour local planning boardIt wouldbewise to seekthe supportofyour neighborsbeforethe hearingifyouare installinginaresidential areaPermitting feescouldrange fromacouplehundreddollarsto overathousand dollars depending on whereyouliveWe canprovidethe supporttohelpyouthroughthis process Courtesy of Brightideascom Dowindturbines frightenlivestock Windfarming ispopular withfarmersbecausetheir landcan continuetobe usedfor growing cropsor grazing livestock Sheepcowsand horsesare not disturbedbywindturbines CourtesyofBweacom httpwwwwindenergysystemsllccomfaqaspxcategoryWind 1242009 FAQAbout WindandSolarEnergy WindEnergySystems LLC Page 3 How doresidential windturbines work Awindturbine whichis installedontopof atalltower collects kineticmotionenergy from thewind and converts itto electricitythatiscompatiblewith ahomeselectricalsystemIna normalresidential applicationahome isserved simultaneouslybythewindturbineandalocalutilityIfthewindspeedsare belowcutinspeed710 mph theminimumspeedtospinthe blades therewill beno outputfrom the turbineandalloftheneeded poweris purchasedfrom theutilityAswindspeedsincreaseturbineoutput increases andtheamount of powerpurchased from theutilityis proportionately decreasedWhen theturbine produces morepowerthan thehouse needs manyutilitiesinstituteapolicycallednetmeteringwhereby theextra electricityissoldbackto theutilityAllof this isdone automaticallyThereare nobatteriesina moderngridconnected residential windsystem Smallwind systemsforremote offgridapplications operatesomewhat differentlyandoftencharge batteriessoelectricityisavailablewhenthewindisnt blowing Courtesyof AWEAcom Why donttheymake turbines thatlooklikeold fashionedwindmills Theoldfashionedwindmillisviewed withnostalgiaandsomepeople preferthe lookof themto thatof theirmoderncounterparts Justbecausewindturbines aremodernitdoesntmean theywont lookjustas goodover timeAmodernwind turbine issimplyan improved windmillEveryaspect oftheir designhas beenoptimisedmaking them farmore efficientthan oldstylewindmillsat generatingelectricity Tomake them look moreold fashionedwouldjustresult inmoreexpensive electricityCourtesy ofbweacom What sizeturbinedo Ineedformyhome Homesuse approximately10000kilowatthours kWhof electricity peryearabout 830 kWhpermonth though thisamountcan varyconsiderablyAn air conditioned homeinArizonaforexamplewilluse more electricity than anonair conditioned home inVermontDepending upontheaveragewindspeed inthe area awind turbinerated inthe range of5 to 10kilowattswouldberequired tomakea significant contribution to meetthisdemand Courtesyof AWEAcom Will asmallwindturbinesave memoney Awindturbinetypically lowersahouseholdelectricity billby50 to90 Itisnotuncommon forwind turbineowners withtotalelectrichomes tohavemonthly utilitybills of only8to15 forninemonthsof the yearDepending onthe turbinesize andthe installationsite aturbinecould supplymorethan 100of a homesenergy needssometimesresultinginanegativeelectricutilitybillIn northern partsof theUS wherelessair conditioningis usedelectricitybills canbe verylow yearroundThe amountof money a small windturbinesavesyou inthelongrun willdependuponits cost theamountof electricityyouuse the average wind speedat your siteand otherfactorsSince energyconservation isusuallyless expensivethan energyproductionmakingyour houseorfarmmore energyefficientfirstwill likely reducethe amountof investment in a windsystem to meetyourneedsMostwindsystem purchasershavedoneall the reasonable efficiency measures firstCourtesy ofAWEAcom Are there anyrebate orincentive programs available whereI live For the mostuptodate listing ofincentivespoliciesand regulationsat thestateand federal levelsseethe DatabaseofStateIncentivesforRenewables EfficiencyathttpdsireusaorgCourtesy ofAWEAcom Whatabout towers http wwwwindenergysystemsllc comfaqaspxcategoryWind 1242009 FAQAboutWindandSolarEnergy WindEnergySystemsLLC Page 4 ThetallerthetowerthebetterAn 80to 120foottower isusuallysupplied along withthewindturbine Towers thistallarenecessaryto raisethewindturbine aboveturbulence generatedbyobstaclesonthe groundandtrees Windspeed increases withheightabove groundandincreasingspeedincreaseswind powerexponentially Thusrelativelysmallinvestments inincreasedtowerheightcan yieldveryhighrates ofreturninpowerproduction Forinstanceinstallinga10 kWgeneratoron a100 foot towerratherthan a 60foottower involvesa10increaseinoverall systemcost butcan result in29morepowerTaller towersalso raise bladesaboveair turbulenceallowingthe turbines to producemorepowerA ruleof thumb forproperandefficientoperation of awindturbineisthatthebottomof theturbinesbladesshould heat least 30 feetabovethetopof anythingwithin500feetAlso beaware ofany heightrestrictionsyourlocal zoningrulesmayimpose Occasionally localrulesprohibitstructures higherthan30feetorsoSeveral differenttypesof towersare available dependingupon whichmanufactureryou selectEachtypehasits advantagesthe mosteconomicaltype of toweristhe guyedlatticetowerbut ahingedtowercanbe easier foryoutoinstall yourselfand provideseasieraccess formaintenanceCourtesy ofAWEAcom How manyturbines areneededto powerahouseholdorfarm Fora home orfarm oneturbine with apowerrating of anywherefrom1 kWto25kW isnormallyinstalled Theturbinessize ischosen tomeet theenergyrequirements giventhe availablewindresourceBuying multipleturbines foroneapplicationrather thana singlelargerone isalmostalwaysless economical becauseof thecost ofbuying twoseparate towersand installingtwo separatesystems Forvillage electrificationapplications both singleandmultipleturbineinstallationsarecommon andturbines up to 100kW incapacity maybeusedCourtesy ofAWEAcom IsthereanythingIshouldwatchoutforwhenbuyingasmall windturbine If itseems toogood tobe trueitprobably isarewordsto keepinmindwhenshopping fora smallwind turbineOvertheyearsasteady streamof breakthroughwindturbines has promisedexceptional performanceat anincrediblylowprice Sometimestheclaimedperformanceviolatesthelawsof physics promisingmorepowerthan thetotalkineticenergyavailableinthewindstream thatisinterceptedbythe rotorssweptarea Theseoftenwellmeaning entrepreneursusually donothavetheengineering background toperform propercalculationsand testsThere have alsobeen outandoutfrauds inthewindbusiness wherethe entrepreneur setouttointentionally defraudthe publicparticularly fromoverseasmanufacturers Thishas been possibleatleast inthe short term becausemostpeople arentexperts on thephysics of wind energyandtheyhavea hard timesorting out reasonable claimsfromunreasonable onesWhowouldntbe temptedto buy anew windturbinetwiceasefficient asanything onthemarket Mostofthepopular models of smallwindturbines operate atabout thesameefficiencyTheenergyproduction youshould expectwill beclosely related to the sweptareaoftherotorbladeswhichisbasedon the diameter ofthe rotor Ifyouare offeredaproduct thatpromises torun your wholehouse with aturbinethatismuch smaller thanconventionalproducts itstimeto start askinghardquestionsAnother way toprotectyourself isto makesure thatthe dealerwho soldyouthe windturbinecanprovide referencesfrompriorsatisfied customersCourtesy of AWEAcom Whatis aVerticalAxiswindturbineorVAWT Thevastmajorityof windturbinesare threebladed propellershapeddevicesthatspin aroundan axisthat isparallel orhorizontal tothe groundThese arecalled horizontal axiswindturbinesorHAWTs An alternativesystem configurationfeaturesa rotorthat revolvesaround anaxisthat isperpendicular or vertical tothe groundsimilarto abarbershoppoleorcorkscrewCourtesyof AWEAcom Howreliable arewindturbinesWill Ihaveto performmuch maintenance httpwwwwindenergysystemsllccomfaqaspxcategory Wind 1242009 FAQAboutWindandSolar Energy WindEnergySystems LLC Page 5 Mostsmallturbines haveonly 23 movingpartsand aredesignedforalonglife20 30 yearsIlowever aswithanyother hard workingmachine partsmustbemaintainedand occasionallyrepaired Theaverage residentialsizedwindturbinewillputonasmany miles injustfour monthsastheaverage cardoesinits 100000milelifetimeNo responsibleautomobile ownerwouldexpect their car to performforsuchan extendedperiodoftimewithno tuneups oroilchangesletalone withoutmaintenanceCourtesy of AWEAcom Willmyutilityallowmeto hookup awindgenerator Federalregulationsspecifically thePublic UtilityRegulatory PoliciesActof 1978orPURPArequire utilitiestoconnectwith and purchase powerfrom smallwindenergysystems A windturbinemanufacturer shouldbe ableto help arrangethe requiredutility company approvals Courtesy ofAWEAcom Will my localgovernmentallowmetoinstallawindturbine A windturbineisatallstructurethatnormallyrequiresabuildingpermitZoningregulationsoften limitthe heightplacementandother characteristicsof appurtenantstructures so aconditional specialusepermit orvariancemaybenecessary Itsusuallybesttoletyour neighborsknow about yourinstallation aheadof timeBepreparedtoanswer questions andclearup commonmisconceptions withwelldocumentedfacts about smallwindturbinesCourtesy of AWEAcom Can Ipowermy wholehouse withawindturbine Manyfactors willdetermineyour abilitytopower yourwhole houseWhatis thewindresourceavailableat the site Howmuchpowerdo you consumeDoyouutilize astoragemedium forlowconsumption periods Doesyourutility allow forgridconnectednetmeteringAre youwillingto utilizelow power consuming technologiessuch asLEDlightingWe allknowthe winddoesnot blow allthe timeIf your goalistoreduceyourutilityconsumptionto near zerowetypicallyrecommend a hybridsystemcombining windwithavailable solargeothermal orhydrocourtesyof Brightideascom How do small windturbines comparewithotherrenewableenergy technologiessuitable for decentralizedruralelectrification Wind powerisverycompetitive withsolarphotovoltaics PVbiomassand dieselgenerators butis usuallymore expensive than microhydro Wind isalso veryattractive fortheeasewithwhichthe technologycanbetransferred to developingcountries Generallyspeaking windpowercomplements these otherpowersources byproviding aleast costapproachundercertain conditions Thisexpandstherange of potentialprojectspointing totheday whendecentralized electrificationprojects willbe implementedon the same scale as currentutilityline extensionprojects Inmany situationsthelowest cost centralizedsystem willbe ahybridsystem thatcombineswindphotovoltaics anddieselCourtesy of AWEAcom CanImounttheturbineon myroof TheGUSverticalaxis turbines byTangarie maybemounted onaroofwithsomestructural considerations andpotentiallyadded costHowever thiswouldnotbe the bestoptionforsitingto producethe mostpower from theavailableresourceItis bestto gettheturbine ashighaspossibleandinalocationwiththefewest obstructionsto thewindto maximizepoweryieldAndmoreoften thannotthiswouldbe awayfrom the rooftopandon a poleThehorizontal axisturbines byReDrivenarenotmountedon a roofand aretypically mountedon ahydraulicconcrete poleTheReDriven hydraulic pole isunique inthatitallows theturbineto belowered tothegroundforservicingortobetterprotecttheturbineinadvanceof extremeweather httpwwwwindenergysystemsl lccomfaqaspxcategoryWind 1242009 FAQ AboutWindandSolarEnergy WindEnergy SystemsLLC Page 6 conditions CourtesyofBrightideascom Dowindturbines make noiseorinterferewithTVreception Smallwindturbines domake somenoisebutnotenough tobe found objectionablebymost peopleA typical residential windsystem makes lessnoisethanthe averagewashingmachine Small windturbinesdo notinterfere withTVreception Courtesyof AWEAcom How muchwindpotentialdoesmy sitehave General windclassificationsforyour areacanbe found atthe Department of Energywebsite Local meterological stationscan alsoprovidewinddataforyourarea Duetosite conditions such aselevation heightof surrounding treesand buildingsyoumay wanta specificwindstudyforyoursite Wecanprovide you withmonitoringservices forafeeoryoumaypurchase yourown monitoringequipment Courtesyof Brightideascom Dosmall windturbineskill birds While no suchstudies havebeen performedspecifically forsmall windturbinesanecdotal evidence indicatesthatbirds occasionally collide withsmall windturbines astheydo withanyothertypeof structure However such eventsare rare andveryunlikelyto have anyimpact onbird populationsLargeutility scale wind turbinesaccountforless than0 003 ofall humancaused birddeathsand smallwindturbines have evenless of an impactHouse cats inthe USbycontrast areestimated to killroughlyone billionbirds eachyear Statistically a singlehousecatawindow paneoranautomobileisamuchgreaterthreatto birds than awindturbineofany sizeCourtesy ofAWEAcom Aresmallwindturbinessafe YesHoweverneighbors whoareuneasy about anearbyhomeownerinstallinga smallwindturbinemay raiseall sortsof questions aboutsafetyBriefanswers tosome ofthese concerns Falling towerThousands of windturbinesareinstalled inthe USandtheirsafetytrackrecordisexcellentTrees aremuchmore likely tofall than a properlyinstalledwindturbinebut no setbacksorminimumproperty sizesarerequired fortreesSafety of utility repair personnelduring apoweroutageSmall windsystemsshutdown automaticallyinthe eventof apoweroutageto protect utilityworkers andwill not energizea deadpower line Icethrowfrom rotorblades Icebuildupmakes windturbineblades heavierandless aerodynamicand therefore theyturnmore slowlyTypicallyicewill droptothe baseofthe turbinetowerinsteadof being thrown Childrenclimbingthe towerandfallingPossible but windturbinesshould betreated nodifferently than otherclimbablestructures such aswater towersoramateurradio antennas Courtesyof AWEAcom Arentwindturbines toohightechforregular people Thehightechnology of awindturbineisin justafew manufacturedcomponents such asthe bladesA wind turbine canactuallybe muchsimplerthan a dieselengineandalso requiresubstantially lessattention and maintenanceSometypes of smallturbines canoperate forextended periodsfive yearsormore without any attentionWith training andsparepartslocaluserscan support thewindturbineequipment theyuse Courtesy of AWEAcom Copyright 2009Wind EnergySystems LLCAll rightsreserved httpwwwwindenergysystemsllccomfaqaspxcategoryWind 1242009 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING February 9, 2010 14 ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-245-R, Barnes at Riverview, a zoning change request from R (Retail) to PD-245-R(Planned Development-245-Retail) to attach a Detail Site Plan allowing two office/ medical office/retail buildings (totaling 9,175 square feet) with a 300-square-foot restaurant, on approximately one acre of property located at the southeast corner of Sandy Lake Road and Riverview Drive and authorizing the Mayor to sign. On January 12, 2010, Council approved this ZONING CHANGE (6-1). On December 17, 2009 the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0), Staff recommends APPROVAL. @PD-245-R, B@R ORD-1 AR 1 TM 41657.2.12610 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM R (RETAIL) TO PD-245-R (PLANNED DEVELOPMENT-245-RETAIL) TO ATTACH A DETAIL SITE PLAN ALLOWING TWO OFFICE/ MEDICAL OFFICE/RETAIL BUILDINGS (TOTALING 9,175 SQUARE FEET) WITH A 300-SQUARE-FOOT RESTAURANT, ON APPROXIMATELY ONE ACRE OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE ROAD AND RIVERVIEW DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN WITH FLOOR PLAN OF RESTAURANT, LANDSCAPE PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, “C”, AND “D” RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-245-R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from R 2 TM 41657.2.12610 (Retail) to PD-245-R(Planned Development-245-Retail) to attach a Detail Site Plan allowing two buildings for office, medical and retail uses (totaling 9,175 square feet) and to include a 300-square-foot restaurant, on approximately one acre of property located at the southeast corner of Sandy Lake Road and Riverview Drive, and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes and subject to the development and use regulations in Section 2 of this ordinance. SECTION 2. That the property shall be developed and used only in accordance with following development conditions as set forth herein below; A) Uses permitted herein shall be limited to professional and medical office, retail and a maximum of 300 square feet of restaurant as defined in the Comprehensive Zoning Ordinance. The percentage of each of the permitted uses, except the restaurant, shall be determined so that the parking ratios comply with the Comprehensive Zoning Ordinance. B) A restaurant area as approved herein, is subject to the floor plan and sign plan provided on the attached Exhibit “B” Site Plan. C) The restaurant space is not approved for on-site cooked food preparation/facilities. The hours of operation of the restaurant are confined to the hours of 12:00 p.m. to 10:00 p.m., Sunday through Saturday. D) The side yard setback adjacent to the east property line shall be a minimum of twelve (12’) feet, six (6”) inches. E) Mutual access shall be provided from Riverview Drive to Sandy Lake Road from the subject property through Lot 1, Block A of the Metrocrest Church at Riverview Addition. F) Shared use of the dumpster with the property to the east shall be permitted. In the event that the existing dumpster is not sufficient to serve both developments, the additional dumpster facilities and /or increased pick-up 3 TM 41657.2.12610 times must be provided and approved by the Planning Director administratively. SECTION 3. That the Site Plan, with Floor Plan of Restaurant, Landscape Plan and Elevations, attached hereto as Exhibits “B”, “C”, “D” respectively, and made a part hereof for all purposes as special conditions, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the R (Retail) District regulations, Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. 4 TM 41657.2.12610 SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2010. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 1/27/10) Legal Description EXHIBIT “A” Description of a 1.0000 acre tract of land situated in the W. Perry Survey Abstract No. 1152 in Dallas County, Texas; said 1.0000 acre tract being conveyed to Ray B. Barnes by Special Warranty Deed recorded in County Clerk's File No. 200900271435, Deed Records, Dallas County, Texas; said 1.0000 acre tract being more particularly described by metes and bounds as follows: BEGINNING, at a 5/8" iron rod found for the north end of the corner clip at the intersection of east right-of-way line Riverview Drive (a 70 foot right-of-way) and the south right-of-way line of Sandy Lake Road (a 110 foot right-of-way); THENCE, North 90 degrees 00 minutes 00 seconds East, with said south right-of-way line of Sandy Lake Road, a distance of 219.16 feet to a 5/8-inch iron rod with "GSES, INC., RPLS 4804" cap found for corner; THENCE, South 00 degrees 00 minutes 13 seconds West, departing the south right-of-way line of Sandy Lake Road, a distance of 180.41 feet to 5/8-inch iron rod with "GSES, INC., RPLS 4804" cap found for corner on the north right-of-way line of a 15-foot alley created by the plat of Riverview Estates, an addition to the City of Coppell, Texas as recorded in Volume 97174, Page 5346, Map Records, Dallas County, Texas; THENCE, North 89 degrees 47 minutes 00 seconds West, with the north line of said Riverview Estates, a distance of 243.74 feet to a 5/8-inch iron rod with "GSES, INC., RPLS 4804" cap found at the southwest corner of said 2.9939 acre tract; said point also being on the north line of Lot 1, Block A of said Riverview Estates; said point also being on the east right-of-way line of said Riverview Drive; THENCE, North 00 degrees 13 minutes 00 seconds East, with the common line between said 2.9939 acre tract and Riverview Drive, a distance of 154.93 feet to a 5/8-inch iron rod with "GSES, INC., RPLS 4804" cap found at the south end of said corner clip at the intersection of said Riverview Drive and Sandy Lake Road; THENCE, North 45 degrees 08 minutes 10 seconds East, with said corner clip, a distance of 34.82 feet to the POINT OF BEGINNING; CONTAINING, 43,560 square feet or 1.0000 acres of land more of less. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering February 9, 2010 15 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Agreement with Freese and Nichols, Inc. for the design of improvements to Old Town Coppell/Main Street Infrastructure including mass grading, paving, drainage and utilities of the site in the amount of $207,100 and authorizing the Mayor to sign. This item represents a contract for Design Services for the City owned infrastructure to build the main entrance to the area, the "Square" and the utilities to support the new Farmers Market site. Undesignated General Fund - Fund Balance will have to be used for this contract. Staff recommends approval for design services of Old Town Coppell Infrastructure Improvements. #FNI Agreement MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: February 9, 2010 REF: Consider approval of an Agreement with Freese and Nichols, Inc. for the design of improvements to Old Town Coppell/Main Street Infrastructure including mass grading, paving, drainage and utilities of the site in the amount of $207,100 and authorizing the Mayor to sign. For some time now, the City of Coppell has been in conversations with Freese and Nichols, Inc. concerning the design of improvements associated with the development of a portion of Old Town Coppell, commonly referred to as the Carter-Crowley property. This property is located south of Bethel Road and west of South Coppell Road. Freese and Nichols, Inc. has also had conversations with the prospective developers of the property and assisted the City of Coppell in our attempt to obtain a grant to offset a portion of the infrastructure cost. The contract with Freese and Nichols, Inc. would include the design of the main street headed south from Bethel Road, the intersection of Bethel and Coppell Road, the ring road around the future side of the Farmers Market and one connection to South Coppell Road. Along with that design will be the water, sewer and drainage improvements necessary for the development of the property. The northern connection to South Coppell Road was chosen to facilitate the routing of traffic around Bethel Road, between Coppell Road and South Coppell Road, during the construction of Bethel Road. Once these improvements are in place, it will provide a natural detour path. One concern that has come up that will need to be addressed during the design of the project is the location of utility services to the adjacent property. Because of the configuration of this property with the street and on street parking on both sides, most of the water and sewer lines will be beneath paving. Therefore, it’s critical during the design phase that services to the potential development adjacent to the streets be installed with the initial construction. 1 2 It’s anticipated that if this contract is approved by Council that the consultant will come back to the City within a couple of months with an amendment to the contract to review the proposed development adjacent to the street and design all necessary services so they can be installed with the initial construction. The City of Coppell Engineering Staff has had a long successful relationship with Freese and Nichols, Inc. They are currently the design engineer on Bethel Road and South Coppell Road. Therefore, staff recommends approval of the Agreement with Freese and Nichols, Inc. for the design of infrastructure improvements to Old Town Coppell/Main Street, in an amount of $207,100 and authorizing the Mayor to sign. Staff will be available to answer any questions at the Council meeting. Old Town Coppell, Main Street Infrastructure Improvements Carter Crowley Tract Created in LDDT 1 INCH = 1 MILE 0 11/2 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\OLD TOWN Created on: 02 February 2010 by Scott Latta 1/2 CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS § CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the _______day of ______________, 2010, by and between the City of Coppell acting by and through the City Manager with approval of the City Council hereinafter referred to as "City", and Freese and Nichols, Inc., hereinafter referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with the OLD TOWN COPPELL INFRASTRUCTURE IMPROVEMENTS (South of Bethel Road, West of Coppell Road) hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment SC, incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. Page 2 AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the City Engineer. 1. Scope of Services, A. Basic Services: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment SC, Scope of Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Additional Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govern. 2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment SC, Scope of Services: Conceptual Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two-week intervals. 3. Compensation. Page 3 A. Basic Services Fee: The Engineer shall be paid a fee for Basic Services under this Contract pursuant to the Fee Schedule described in Attachment CO, Compensation. Basic Services Fee shall not exceed the lump sum of Two Hundred Seven Thousand One Hundred Dollars ($207,100) provided, however, that modifications to the Basic Services, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. B. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services on or before the twenty fifth (25th) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer the Engineer shall comply promptly with such request. C. Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. 4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the City. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and/or the City Council, if required. 5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the conditions associated with the request and determine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form Page 4 of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. Project Deliverables. For each submittal identified in Attachment SC, Scope of Services, the Engineer shall provide the City with one set of reproducibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera or larger format camera. Color laser copies may be substituted for the original photographs in the final report. A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. 7. Project Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnering. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. Page 5 9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. The decision of the City Manager or designee shall be final and binding. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. 10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Any work constructed, found to be in error because of the Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole responsibility and expense of the Engineer. The parties further agree that this liability provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of Coppell, its officers, agents and employees from any loss, damage, liability or expense, including attorney fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise from any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any Page 6 person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 16. Quality Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership. All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the City to be used as City desires, without restriction; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. Page 7 18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the City with satisfactory proof of compliance therewith. 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. Page 8 26. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. Page 9 27. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City of Coppell, Texas 255 Parkway Blvd. Coppell Texas 75019 Ken Griffin, P.E., Director of Engineering Engineer: Freese and Nichols, Inc. 1701 N. Market Street, Suite 500 Dallas, Texas 75202 Attn: B. Caleb Thornhill, P.E. IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL FREESE AND NICHOLS, INC. BY: BY: ______________________ ______________________________ Mayor Name & Title Date: __________________ Date:_________________________ ATTEST: ATTEST: _______________________ ______________________________ (CORPORATE SEAL) AGENDA REQUEST FORM DATE: February 9, 2010 ITEM #: 16 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: February 9, 2010 ITEM #: 17 MAYOR AND COUNCIL REPORTS Report by Mayor Peters regarding the Metroplex Mayors’ Meeting. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: February 9, 2010 ITEM #: 18 PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF COMMUNITY INTEREST AND NO COUNCIL ACTION OR DELIBERATION IS PERMITTED Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: February 9, 2010 ITEM #: 19 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: February 9, 2010 Department Submissions: Item No. 15 was placed on the Agenda for the above-referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Engineering Department Item Nos. 8/B and 9 were placed on the Agenda for the above-referenced City Council meeting by the Police Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Police Department Item Nos. 10, 11, 12, 13 and 14 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)