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HomeMy WebLinkAboutAugust 2, 2010 AgendaAGENDA CITY OF DENTON CITY COUNCIL August 2, 2010 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Closed Session on Monday, August 2, 2010 at 11:30 a.m. in the Council Work Session Room, 215 E. McKinney Street, Denton, Texas at which the following item will be considered: 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with City's attorneys regarding: (1) legal issues associated with the regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority and statutory preemption of municipal regulatory authority; (2) Federal preemption (and limitations on that preemption) of certain municipal regulations relating to the compression and transmission of natural gas, and the location of gas pipelines; (3) analysis of risks and enforceability of such regulations, including impacts and strategies associated with local permit protections; (4) legal limitations associated with the setting of fees for administration, inspection, enforcement, and other governmental or proprietary services related to gas well drilling and production, both within the City and its extraterritorial jurisdiction and; (5) legal issues relating to item No. 1 on the Work Session and item No. 1 on the Open Session. B. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive a report and presentation from Denton Municipal Electric staff regarding future strategic competitive and financial planning issues regarding the operations of Denton Municipal Electric and its involvement in the City's capital improvements plan; discuss, deliberate and provide staff with direction regarding such matters. 2. Receive a report and presentation from Denton Municipal Electric staff regarding future additional compliance and regulatory issues with the THE (Texas Regional Entity) and NERC (North American Electric Reliability Corporation) to begin in 2011, and the methods and practices necessary for meeting those requirements, together with strategic competitive and financial planning issues regarding the operations of Denton Municipal Electric; discuss, deliberate and provide staff with direction regarding such matters. Following the completion of the Closed Meeting, the Council will convene in a Work Session at which the following items will be considered: NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City of Denton City Council Agenda August 2, 2010 Page 2 City Council deliberation and formal City action. At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Receive a report, hold a discussion and give staff direction regarding Ordinance 2010- 181 and any other matter relating to gas well drilling and production in the ETJ and within the City limits of the City of Denton. 2. Receive a report, hold a discussion and give staff direction regarding approval of Clear Creek Natural Heritage Center Long Range Plan. Following the completion of the Work Session, the City Council will convene in Open Session to consider the following: 1. Consider adoption of an ordinance of the City of Denton, Texas, setting Planning and Development Fees relating to gas well drilling and production in the City of Denton and its extraterritorial jurisdiction; repealing Section 4 of Ordinance 2010-181; and setting an effective date. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2010 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: August 2, 2010 DEPARTMENT: Environmental Services and Sustainability ACM: Howard Martin, 349-8231 SUBJECT Receive a report, hold a discussion and give staff direction regarding approval of Clear Creels Natural Heritage Center Long Range Plan. BACKGROUND The City of Denton originally leased the project area from the Corps of Engineers in 2000. The 2,835 acres that is primarily floodplain and floodway, is identified as a wildlife management area and is part of the watershed for Lake Lewisville. The original phase of the project included the constriction of 2 wetlands and the planting of over 190 acres to restore forest areas and wildlife habitat. Following the restoration and wetland projects, the City worked with the Corps to have a small portion of the area that is outside of floodplain identified as a higher recreation use. This allowed Denton to pursue opportunities to develop partnerships, create a center and ultimately develop a facility that could implement the principles of sustainable building, development, and living and be a gateway to the remaining 2,800 acres that offer so much to both our community and our region. Through our lease with the Corps we have filed development and mitigation plans and are restricted to certain parameters for development. The area, including Clear Creek and the Elm Fork of the Trinity River, has a memorable history in the community and many of our local citizens have shared stories about frequenting the area as they were growing up in Aubrey and Denton area. The Clear Creek Master Plan was completed by Overland Partners in 2002. Overland Partners stated "The existing mission and core purpose are reflected by the name choice, Clear Creek Natural Heritage Center. The balanced emphasis on nature and human interaction with nature provides a powerful platform for a much broader scope of educational programs, exhibits, demonstrations, research and workshops among other activities. Unlike a zoo or nature center where exhibitions are typically more "show and tell," Clear Creek has the distinct advantage of articulating a broader message that centers on our history and future opportunities as partners and stewards of our natural world. The mission of Clear Creek is to inspire environmental citizenship through an understanding of the natural heritage of North Central Texas. Clear Creek Natural Heritage Center can help pave the way for improved natural resource conservation by all citizens who are moved to embrace a new or renewed land ethic as a result of their experiences at the Center. The Center will be developed using sustainable building practices and will serve as a learning center for environmental citizenship and sustainability in general. Clear Creek can be a catalyst to promoting our sustainability goals and practices as our Sustainability Plan develops and community education is expanded. Clear Creels has the advantage of having the ability to teach about watershed protection, water quality, use of native plants for urban landscaping, habitat protection and restoration. It also can be a resource for the history and heritage of North Texas, recent farming and ranching practices as well as the opportunity through adjacent property to bring back an education component related to farming and ranching. While the western portion of the area has been used as a higher intensity learning area, it is important to note that the eastern portion is, by lease agreement, still operated as a wildlife management area. Hunting is limited to waterfowl, migratory bird and hogs. The Corps previously offered unlimited free hunting permits for the Lake Lewisville area, but when this responsibility was passed on to Denton, we requested and received permission to both limit the number of permits and charge a fee for each permit. All funds collected for activities at the site must go directly back into Clear Creek operations; this applies to both the Wildlife Management area and the Natural Heritage Center. We have used money generated to repair fence and gates and will improve a parking area prior to the beginning of the next hunting season. The Clear Creek/Elm Fork area has long been a favorite of fishermen and hunters making this a part of the heritage of the area. The goals of the Overland Partners Clear Creek Master Plan, though far reaching, are slowly being executed. Through the constriction of the interim education facility in 2006/2007, a 3000 square foot building with restrooms, , Denton Independent School District was able to launch an Elementary Outdoor Education curriculum that provides hands on activities and interaction with nature to reinforce classroom curriculum. The number of students that have no other avenue to experience nature is alarming. The program was expanded in 2009 to include a presentation by the Denton County Museum on the Square travelling museum to introduce the way of life of the Indians and early settlers to Denton County. The ability to teach about the early settlers in a natural environment only enhances the message. Recent Activities 2009-2010 has been an exciting time at Clear Creek; we have installed much of the Denton County Master Gardener designed landscaping, installed and already expanded a rainwater collection system, installed drip irrigation to the planted beds and with the incredible amount of rainfall this winter the trees planted last fall are thriving. Volunteers from a class at the University of North Texas Art Department planted two of the beds as an earth day project and then completed art installation pieces across the prairie using natural materials. Denton ISD teachers are becoming more comfortable with Clear Creek Field Trips, the experience of being outside of the classroom, though scary for some at first, is so much appreciated by the children and parents that participate that the teachers are seeing the benefits and overcoming concerns. The teachers have less need for Master Naturalist as guides this year which has allowed the Master Naturalists to set up stations for advanced learning activities. New for Denton ISD in 2009-2010 is water quality testing for the 5th grade, and lichen observation for both 4th and 5th grades. Several high school ecology class field trips have also been conducted over the past school year. The Clear Creek Sponsored lectured series that the Parks and Recreation department promotes and provides assistance for has been a huge success. We have had Bat World for the past 2 years with well over 500 people attending and have expanded to 2 sessions for 2010. A wildlife rescue lecture was added this year as well as a rainwater harvesting class and a birds of prey lecture. Nature hikes are held by parks throughout the year and are very well attended. Both local and regional partnerships with Texas Parks and Wildlife have resulted in several classes being held by the Ray Roberts Interpretive Program group. As well as the preparation for outdoor activities planned at the Regional Level, sample programs include basic camping skills, an outdoor family fun day that introduces families to archery, angling, camping, and many other opportunities to get outdoors. The Clear Creek Long Range Plan provides a framework to help achieve the original goals set for the Clear Creek Natural Heritage Center and a timeline for implementation. Several of the 2010-2011 tasks are already underway and will lay the groundwork for moving into the coming years. OPTIONS 1. Approve Clear Creek Long Range Plan as presented. 2. Approve with modification. 3. Postpone approval of Clear Creek Long Range Plan No Action RECOMMENDATION 1. Staff recommends approval of Clear Creek Long Range Plan as submitted. ESTIMATED SCHEDULE OF PROJECT Long Range Plan is 5 year plan beginning in 2010 and ending in 2015. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Approved by City Council Committee on the Environment April 23, 2010. EXHIBITS 1. Clear Creek long Range Plan 2010-2015 2. City Council Committee on the Environment Meeting Minutes - draft Respectfully submitted: Kenneth Banks, Director Environmental Services and Sustainability Prepared by: ~~i,~~2eicc 7 Katherine Barnett-White Sustainability & Util Proj Crd Clear Creek Natural Heritage Center Long Range Master Plan 2010-2015 2010-2011 • Increase Advertising for lecture series and nature hikes to increase visitor numbers • Include more lectures regarding sustainability and sustainable living (backyard composting, rainwater harvesting, and community gardens) • Begin prairie restoration experiment, work with junior high after school program • Complete trail maintenance and natural surface trail master plan • Continue partnership with Denton ISD, Introduce watershed model to 4t" grade classes as a precursor to water quality testing • Create 5010 for Clear Creek to begin applying for grant funding for future facilities • Hold a fundraising Trail Run for National Trails Day (June 2011) • Continue to expand Texas Parks and Wildlife programs • Continue to establish appropriate contracts for maintenance and repairs 2011-2012 • Review Master Plan to determine implementation priorities and what could be pared down to make the project more manageable financially. • Apply for Grant Funding for Future facilities • Construct Nature Explore Classroom for Denton ISD kindergarten and advertise to local preschools to encourage increased awareness of area • Increase Sustainability training and education at Clear Creek • Install trails proposed through the natural surface trail master plan • Install bird blinds and offer more birding opportunities • Implement CIP funding for increased infrastructure at Clear Creek 2012-2013 • Create a part time position at Clear Creek to oversee day to day operations to allow Sustainability and Special Projects Coordinator to further pursue funding opportunities. • Develop a comprehensive marketing and advertising campaign to promote Clear Creek at both the local and regional level. • Budget for design of structure to act as gateway to the Clear Creek Natural Heritage Area • Construct trail for physically challenged students in partnership with Denton ISD. • Implement summer camp program for youth who do not typically experience nature programs 2013-2014 • Begin Construction of facility that will be sustainably built and serve as demonstration project for living sustainably. We will highlight alternative energy, alternative waste water treatment, composting, and aim for a zero waste facility. This facility should be a showplace and destination for conferences, private events, fundraisers etc. • Promote use of facility for sustainable growth conferences. • Continue to expand Denton ISD programs and offer new experiences to encourage return visits. 2014-2015 • Open first phase of sustainably constructed Clear Creek Natural Heritage Center and have full time position that can coordinate activities on site. Draft Minutes Committee on the Environment April 23, 2010 2. Receive a report, hold a discussion and give staff direction regarding Clear Creek Natural Heritage Center Long Range Planning. Barnett stated that the mission of Clear Creek Natural Heritage Center is clear and that staff needs to focus on and to continue that mission. Barnett then stated that the master plan was completed by Overland Partners in 2002 and that one of the great quotes from that plan states that "the existing mission and core purpose are reflected by the name choice, Clear Creek Natural Heritage Center. The balanced emphasis on nature and human interaction with nature provides a powerful platform for a much broader scope of educational programs, exhibits, demonstrations, research and workshops among other activities. Unlike a zoo or nature center where exhibitions are typically more `show and tell' Clear Creek has the distinct advantage of articulating a broader message that centers on our history and future opportunities as partners and stewards of our natural world." The mission of Clear Creek is to inspire environmental citizenship through an understanding of the natural heritage of North Central Texas. Barnett stated the Center will be developed using sustainable building practices and will serve as a learning center for environmental citizenship and sustainability in general. Clear Creek can be a catalyst to promoting our sustainability goals and practices as our Sustainability Plan develops and community education is expanded. Clear Creek has the advantage of having the ability to teach about watershed protection, water quality, use of native plants for urban landscaping, habitat protection and restoration. It also can be a resource for the history and heritage of North Texas, recent farming and ranching practices as well as the opportunity through adjacent property to bring back an education component related to farming and ranching. Barnett then stated that there are partnerships at Clear Creek with the Master Gardeners' involved and that the front entrance flower beds were planted by the UNT art students as a project for Earth Day. Barnett stated that the money generated to repair fence and gates and will improve a parking area prior to the beginning of the next hunting season. The Clear Creek/Elm Fork area has long been a favorite of fishermen and hunters making this a part of the heritage of the area. Barnett then stated that the goals of the Overland Partners Clear Creek Master Plan, though far reaching, are slowly being executed. Through the constriction of the facility in 2006/2007 Denton Independent School District was able to launch an Elementary Outdoor Education curriculum that provides hands on activities and interaction with nature to reinforce classroom curriculum. The number of students that have no other avenue to experience nature is alarming. The program was expanded in 2009 to include a presentation by the Denton County Museum on the Square travelling museum to introduce the way of life of the Indians and early settlers to Denton County. The ability to teach about the early settlers in a natural environment only enhances the message. The Clear Creek Sponsored lectured series that the Parks and Recreation department promotes and provides assistance for has been a huge success. There has been a Bat World for the past 2 years and will expand to 2 sessions for 2010. A Wildlife rescue lecture was added this year as well as a rainwater harvesting and a birds of prey lecture. Nature hikes are held by parks throughout the year and are very well attended. Both local and regional partnerships with Texas Parks and Wildlife have resulted in several classes being held by the Ray Roberts Interpretive Program group. As well as the preparation for outdoor activities planned at the Regional Level, sample programs include basic camping skills, an outdoor family fun day that introduces families to archery, angling, camping, as well as other opportunities to get outdoors. Barnett stated that while much as been accomplished, it is an important time for Denton to refocus on the larger goals of the Master Plan. The following goals were presented for the next five years. 2010-11 • increase advertising for lecture series and nature hikes to increase visitor numbers • include more lectures regarding sustainability and sustainable living (backyard composting, rainwater harvesting, and community gardens) • begin prairie restoration experiment, work with junior high after school program • complete trail maintenance and natural surface trail master plan • continue the partnership with Denton ISD, Introduce watershed model to 4th grade classes as a precursor to water quality testing • create a 5010 for Clear Creek to begin applying for grant funding for future facilities • Hold a fundraising Trail Run for National Trails Day (June 2011) • continue to expand Texas Parks and Wildlife programs • continue to establish appropriate contracts for maintenance and repairs 2011-2012 • Review Master Plan to determine implementation priorities and what could be pared down to make the project more manageable financially. • Apply for Grant Funding for Future facilities • Constrict Nature Explore Classroom for Denton ISD kindergarten and advertise to local preschools to encourage increased awareness of area • Increase Sustainability training and education at Clear Creek • Install trails proposed through the natural surface trail master plan • Install bird blinds and offer more birding opportunities • Implement CIP funding for increased infrastructure at Clear Creek 20 1 2.-20 1 '1 • Create a part time position at Clear Creels to oversee day to day operations to allow Sustainability and Special Projects Coordinator to further pursue funding opportunities. • Develop a comprehensive marketing and advertising campaign to promote Clear Creels at both the local and regional level. • Budget for design of stricture to act as gateway to the Clear Creek Natural Heritage Area • Constrict trail for physically challenged students in partnership with Denton ISD. • Implement summer camp program for youth who do not typically experience nature programs 2013-2014 • Begin Constriction of facility that will be sustainably built and serve as demonstration project for living sustainably. We will highlight alternative energy, alternative waste water treatment, composting, and aim for a zero waste facility. This facility should be a showplace and destination for conferences, private events, fundraisers etc. • Promote use of facility for sustainable growth conferences. • Continue to expand Denton ISD programs and offer new experiences to encourage return visits. 20 14-20 15 • Open first phase of sustainably constricted Clear Creek Natural Heritage Center and have full time position that can coordinate activities on site. Mayor Pro Tem Kamp asked about funding for advertising. Barnett replied that funding had been drastically cut this year and staff is looking at additional and varied ways to advertise. Chair Mulroy asked if the Denton Independent School District contributed financially to the Center. Barnett replied it did not. Mulroy then suggested that in the future to hold a j oint session with the DISD and CC to discuss how DISD could contribute to the Center. Chair Mulroy also suggested a field trip to the Center with the City Council. Barnett stated that a waiver has created controversy and has had a significant impact on the volunteer program for the Center. Chair Mulroy moved to forward the Master Plan to the City Council for adoption with a second from Mayor Pro Tem Kamp. The motion was approved by a 2-0 vote. S:IL.egallOur Documents\Ordinances1101A vended Gas Well fees 080210.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING PLANNING AND DEVELOPMENT FEES RELATING TO GAS WELL DRILLING AND PRODUCTION IN THE CITY OF DENTON AND ITS EXTRATERRITORIAL JURISDICTION; REPEALING SECTION 4 OF ORDINANCE 2010-181; AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2010-181, the City Council of the City of Denton, Texas amended the Planning Fee Schedule established by prior ordinances, by amending fees relating to gas well drilling and production within the city limits and extraterritorial jurisdiction; and WHEREAS, after giving further consideration to the cost of services analysis supporting such fees, and to the questions raised and opinions expressed in a public hearing related to those fees by citizens, staff and industry representatives, and in due consideration of the fact that such fees represent a component of interim measures taken by the City Council pending a more comprehensive review of fees, standards and procedures associated with gas well drilling and production, and further finding that such fees, as set forth herein, are reasonable, do not exceed the reasonable cost to the City in providing the scheduled services; and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Planning and Development Fee Schedule for gas well production is adopted, as set forth in the table below: A ti it c v y Fce The follo«ing fees shall be charged for the first t =n (2) revrews Gas Well SUP Review - - - $12,500 Gas Well Development Site Plan $7,500 Gas Well Development Plat Review $5,000 Gas Well Plat/Site Plan Amendment $5,000 Each additional two (2) reviews $5,000 The following fees,.shall be charged annually, per- gas well Annual Inspection and Administration Fee (within City) $3,200 Annual Inspection and Administration Fee (within ETJ) No fee The following fees sha11 be charged per each application Transfer of Operation $700 Watershed Protection Permit $3,000 Gas Well Permit $550 Fracture/Drill Pond $550 Compressor Facility Permit $550 Page 1 S:1Lega[lOur Documents\Ordinances\10\Amended Gas Well fees 080210.doc SECTION 3. Section 4 of Ordinance 2010-181 is hereby superseded and repealed. SECTION 4. This ordinance shall become effective at 12:01 a.m., August 4, 2010. PASSED AND APPROVED this, the 42nd _ day of August , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2