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HomeMy WebLinkAboutGBA 2008-12-11 MinutesMINUTES OF THE MEETING OF THE GAS BOARD OF APPEALS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS December 11, 2008 1. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:00 p.m. 2. ROLL CALL PRESENT Tom Duer Randy Shiflet (attended pre-meeting) Kathy Luppy Garry Cope Tom Lombard CITY STAFF Managing Director of Dev. Svcs. Mike Curtis Director of Planning &Dev. John Pitstick Assistant Dir. Public Works Greg VanNeiuwenhuize Recording Secretary Gina Harner 3. APPROVAL OF NOVEMBER 6, 2008 MINUTES APPROVED Tom Lombard, seconded by Randy Shiflet, motioned to approve the minutes from November 6, 2008. The motion carried unanimously (4-0) Kathy Luppy was absent. 4. Public Hearing and consideration of a request from Chesapeake Energy for an appeal from distance requirements to residential structures for Little Bear Creek #1-H through #16-H gas wells in the 7300 block of North Tarrant Parkway. Chairman Duer said that he was sure that almost everyone had been notified by newspaper and city staff that we had received a letter from Chesapeake requesting postponement. "To Whom It May Concern: Chesapeake Operating, Inc. respectfully Page 1 of 4; 12/11/08 GBA minutes requests the December 11, 2008 hearing to be tabled until January 8, 2009. Per our conversation, it is our intention to submit a permit packet providing all details necessary for staff to make a recommendation to the Gas Board of Appeals. Please accept this letter as our formal request for the Gas Board of Appeals hearing to be on January 8, 2009. Signed by Martin Johnson with Chesapeake." We don't know what they will be proposing in their submittal therefore we will not have a public hearing tonight. We can't hear any public concerns on a packet that we don't know anything about yet. We don't know what they will be resubmitting or what distances they are proposing. The city staff tried to contact as many people as they could so I do apologize if you did not receive notice. We just received the letter from Chesapeake yesterday. Now we need to hear a motion from the Gas Board of Appeals on the, request to postpone until January and we need to set a date for that meeting. Garry Cope,seconded by Tom Lombard motioned to approve the request from Chesapeake for postponement and to reschedule the public hearing for Tuesday January 13, 2009. The motion was carried unanimously (4-0). Kathy Luppy was absent. 5. Review Proposed Changed to Gas Drilling & Production Ordinance John Pitstick said that we think that we have a pretty aggressive and conservative ordinance. We want to have high standards and we are constantly looking into that. We have made a few changes. We originally adopted our ordinance in 2005 and we have made a few changes since that time. There are three changes that we discussed at our last meeting and there is some clarification that we would like to bring to you. In Section 104-6 Gas well permit requirements we are recommending a change to paragraph (j) that would include the requirement to allow for 180 days to commence drilling with a 90 day extension. We are recommending the 90 day extension to be under the two following conditions. That upon written request by the gas well operator and that the proof that the permit for which the extension is sought could be issued on the date of such extension under the regulations and conditions then existing. Once the city has issued a gas drilling permit they would have up to 180 days to begin drilling and then in order to receive a 90 day extension they would have to meet those two conditions. Currently on the existing ordinance they have 90 days to begin drilling with one additional 90 day extension. We have talked to Chesapeake and some of the other gas well operators and have also looked over other citys' ordinances. We know that it is sometimes difficult to bring in equipment and drilling rigs and to schedule these things. Therefore we are comfortable with extending the time allowed to 180 days with one 90 day extension. In Section 104-6 section (o) we are recommending a change. Our current ordinance requires 150 foot no build zone around the outside barrier or fence of the final production pad site. We don't want to see any future construction of any structures within that 150 foot barrier. We are allowing an exception for public institutions which Page 2 of 4; 12/11/08 GBA minutes provide a resolution commiting not to construct any buildings within the 150 ft from the outside wall. These would include Tarrant County College the school district, the city and any public institutions. Sometimes it is difficult to get easements so we are recommending an exception for public institutions. All other private companies or properties would be required to file an easement. This is not an easement to the city necessarily but an easement that specifies that no building would be allowed. Within that 150 feet they can put landscaping, streets, parking lots. Finally in 104-6 (p) This will be a new addition to the ordinance. Within that 600 feet is a community standard prior to issuance of any permit the operator shall record a gas well vicinity notice in Tarrant County real property records giving notice of the location of such proposed well in the name of each recorded subdivision within 600 feet of such well or if there is land within such distance which is not within a recorded subdivision the name of each survey within 600 feet of such well location. Again this is not a safety standard it is just a community public notice. If construction occurred after the fact then they would be notified by their title company that there is a gas well within 600 feet. Once this is filed and the initial permit has been applied then there is notification for the property owners and it stays with the property as it is sold. This is not a burden on the property it is just a notification that you are within 600 feet. These are the three changes that we are recommending. As we mentioned in the briefing we are aware that Fort Worth has been under a lot of study in their ordinances. We are certainly keeping up with their ordinances and if there are changes in their ordinance that we feel that we need to adopt we will bring those back before the board. We have not had an opportunity to review all of their changes but at this time we feel comfortable that all ordinances are fairly restrictive and are protective for the safety of life and also the protection of the aesthetics of the area. We think that we have very high standards and we are encouraging drilling in our community but with those very high standards. We are asking for a recommendation to take to city council for adoption of these three changes to the ordinance. This board wouldn't necessarily vote on these but would be recommending the change for the city council for them to adopt any new changes. Tom Duer asked it they are eliminating that 90 day extension after the first 90 days? John Pitstick said yes. Tom Duer said that the first period would be 180 days with one extension for 90 days? John Pitstick said yes. Garry Cope asked if the extension would only be allowed if they had begun drilling within that 180 days? Page 3 of 4; 12/11/08 GBA minutes John Pitstick said no. They have 180 days to drill. The only way they can get an extension is by filing a written request and also have to prove that we haven't changed the regulations in that time period. Garry Cope asked if the time tops out at 270 days? John Pitstick said yes. Tom Lombard asked if we recommend this revision when would it be presented to the City Council? John Pitstick said that we are prepared to move it forward and hope to have it ready to present to City Council at the January meeting. Tom Lombard asked if the City Council approves the change in the ordinance if it goes into affect immediately? John Pitstick said yes. Tom Duer asked with the 90 day extension. If they go 178 days without doing anything and then file for an extension. Even if it is a multiple drill site they only have 90 days more to initiate the wells that they were going to drill? John Pitstick said that we are treating each well separately. If they have permitted for 5 wells than they would have to complete drilling within the 270 days. Randy Shiflet, seconded by Tom Lombard motioned to approve proposed changes to Gas Drilling & Production Ordinance to the City Council. The motion was carried unanimously (4-0). Kathy Luppy was absent. 6. ADJOURNMENT The chairman adjourned the meeting at 7:14 p.m. Chairman Secretary ~i4~e.~~ Tom Duer Kathy Luppy Page 4 of 4; 12/11/08 GBA minutes