HomeMy WebLinkAboutMarch 03, 2016 Agendatru�ltl
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Thursday, March 3, 2016
City of Denton
Meeting Agenda
City Council
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
2:30 PM Council Chambers & Work Session Room
A quorum of the City Council of the City of Denton, Texas will convene in a Special Called Meeting on
Thursday, March 3, 2016 at 2:30 p.m. at City Hall, 215 E. McKinney Street, Denton, Texas. Council
Member Kathleen Wamy, District 3, may participate by videoconference during the Special Called
Meeting to be held in the City Council Chambers beginning at 2:30 p.m.
1. PUBLIC HEARINGS
A. ID 16 -336 Hold the second of two public hearings to consider annexing approximately
4,132.40 acres of land contained in ten of the fifteen annexation areas, which
received a Non - Annexation Agreement in 2010, and a one year extension in 2015
that will expire on March 16, 2016. Four of the annexation areas include
approximately 2,789.14 acres of land and are primarily located within the
northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ),
Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The remaining
seven areas include approximately 1,343.26 acres of land and are considered
unincorporated ETJ pockets located within the body of the City of Denton's
corporate limits and are identified as DH 1, DH2, DH3, DH4, DH5, and DH 14.
Attachments: Exhibit 1 2016 Annexation Service Plan
Following the completion of the Public Hearing, the City Council will convene in a Closed Meeting to
consider specific items when these items are listed below under the Closed Meeting section of this
agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open
Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as
otherwise allowed by law.
1. Closed Meeting:
A. ID 16 -377 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consultation, discussion, deliberation and receipt of information from the City's
attorneys involving legal matters relating to the annexation or extension /renewal of
non - annexation agreements for eligible properties, and to provide the City's
attorneys with direction, where a public discussion of these legal matters would
clearly conflict with the duty of the City's attorneys to the City of Denton and the
Denton City Council under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas.
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 , 2016 at o'clock (a.m.) (p.m.)
City ofDenton Page I Printed on 212612016
City Council Meeting Agenda March 3, 2016
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL
CHAMBERS ARE 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.
City ofDenton Page 2 Printed on 212612016
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
File #: ID 16 -336, Version: 1
Legislation Text
Agenda Information Sheet
DEPARTMENT: Department of Development Services
CM/ ACM: Jon Fortune
Date: March 3, 2016
SUBJECT
Hold the second of two public hearings to consider annexing approximately 4,132.40 acres of land contained in
ten of the fifteen annexation areas, which received a Non - Annexation Agreement in 2010, and a one year
extension in 2015 that will expire on March 16, 2016. Four of the annexation areas include approximately
2,789.14 acres of land and are primarily located within the northwestern quadrant of the City of Denton's
Extraterritorial Jurisdiction (ETJ), Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The
remaining seven areas include approximately 1,343.26 acres of land and are considered unincorporated ETJ
pockets located within the body of the City of Denton's corporate limits and are identified as DH1, DH2, DH3,
DH4, DH5, and DH14.
BACKGROUND
The Denton Plan, adopted in 1999 called for an aggressive annexation policy. Following this policy, the City
of Denton instituted a number of annexations. In 2009, Freese and Nichols was hired to perform an annexation
study. As a result, approximately 9,035 acres of land within the City of Denton Extraterritorial Jurisdiction
(ETJ) was initiated for annexation in 2010.
As part of the aggressive annexation in 2010, the City Council approved several ordinances for Non
Annexation Agreements (NAAs) in annexation areas referred to as DH 1, DH2, DH3, DH4, DH5, DH 11, DH 14,
PAA1, PAA2, PAA3, PAA4. The agreements were approved for five years and had a cessation date for
February 9, 2015 and March 2, 2015. In 2014, City Council directed staff to offer a one year extension to the
original agreement that will expire on March 16, 2016.
In total, about 130 agreements were signed and notarized for approximately 183 properties. The signed Non -
Annexation Extension Agreements were approved by City Council on March 3, 2015. These properties are
schedule to be annexed upon the expiration date.
Prior to annexation, per the Tx.LGC §43.056, a city must make provisions to provide municipal services, also
known as a Service Plan, for the proposed annexation areas no later than two and one -half years (21/2) years
after the effective date of the annexation unless:
(1) The City cannot reasonably provide certain services within that period; and
(2) The City proposes a schedule for providing the services that extends not longer than four and one -half
(41/2) years after the effective date of the annexation. Id. at §43.056(b).
City of Denton Page 1 of 3 Printed on 2/26/2016
File #: ID 16 -336, Version: 1
In 2010, the City Council approved the 2010 Service Plan for the designated annexation areas.
Immediately, the City is required to provide the following services to the proposed areas on the effective date
of the annexation:
(1) Police protection;
(2) Fire protection;
(3) Emergency medical services;
(4) Solid waste collection, except as provided by subsection (o). Subsection (o) provides that a
municipality is not required to provide collection service to a person who continues to use the collection
services of a privately owned collection service;
(5) Operation and maintenance of water and wastewater facilities in the annexed area that are not within the
service area of another water or wastewater utility;
(6) Operation and maintenance of roads and streets, including road and street lighting;
(7) Operation and maintenance of parks; and
(8) Operation and maintenance of any other publicly owned facility, building or service.
In the same manner, a Service Plan has inherent limitations. A Service Plan may not:
(1) Require the creation of another political subdivision;
(2) Require a landowner in the area to fund the capital improvements necessary to provide municipal
services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; or
(3) Provide services in the area in a manner that would have the effect of reducing by more than a
negligible amount the level of fire and police protection and emergency medical services provided
within the corporate boundaries of the municipality before annexation. Id. at §43.056(fi
Before the second (2nd) anniversary of the date an area is included within the corporate boundaries of the City
by annexation, the City may not:
(1) Prohibit the collection of solid waste in the area by a privately owned solid waste management service
provider; or
(2) Impose a fee for solid waste management services on a person who continues to use the services of a
privately owned solid waste management service provider. Id. at §43.056(n)
The City is not required to provide solid waste collection services to a person who continues to use a privately
owned solid waste management service provider. Private solid waste collection service providers operating in
the affected area immediately prior to annexation and currently providing customers with service may continue
to provide their existing service for up to 2 years in accordance with Texas Local Government Code.
The ordinances are being prepared by the City's Legal Department for the ten areas.
PRIOR ACTIONS
The following is a summary of the actions taken by the City in association with the annexation:
1. January 29, 2016, Notice of Intent to Annex was sent certified mail to the public /private entities and
railroad companies;
2. February 2, 2016, The City adopts an ordinance setting dates for two public hearing, authorizes the
publics of notice of public hearing and approves or directs preparation of a service plan for the
annexation;
3. February 3, 2016, Posted the Notice of Public Hearing on City Website;
4. February 17, 2016, The Public Hearing Notice was published in the Denton Record Chronicle; and
5. March 1, 2016, First Public Hearing was held.
City of Denton Page 2 of 3 Printed on 2/26/2016
File M ID 16 -336, Version: 1
OPTIONS
1. Proceed with annexation.
2. Decline annexation
3. Table this item.
EXHIBIT
1. 2016 Annexation Service Plan
Respectfully submitted:
Aimee Bissett
Director of Development Services
Prepared by:
Katia Boykin, CPM
Planning Supervisor
City of Denton Page 3 of 3 Printed on 2/26/2016
CITY OF DENTON SERVICE PLAN
2016 Annexation
L AREA ANNEXED
The areas to be annexed include approximately 4,132.40 acres of land contained in eight (8)
areas. Four annexation areas consist of approximately 2,789.14 acres, generally located in
northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and
are identified as PAAl, PAA2, PAA3, and PAA4. The remaining four areas include
approximately 1,343.26 acres of land, and are unincorporated ETJ pockets located within the
body of the City of Denton's corporate limits, and identified as DH1, DH2, DH3, DH4, DH 5,
and DH14. These areas are depicted in the attached location map along with a general
description of each area.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021; 43.065; and 43.056(b) -(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of
the City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of service, infrastructure, and infrastructure maintenance that are
comparable to the levels of service, infrastructure, and infrastructure maintenance available in
other parts of the City of Denton with similar topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection
Police protection from the City of Denton Police Department shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas on the effective date of the ordinance. Some
of these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of
police services consistent with the characteristics of topography, land utilization
and population density of the areas.
Upon ultimate development, police protection will be provided at a level
consistent with other similarly situated areas within the city limits.
1
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention
services to the annexation areas. These services include:
L Fire suppression and rescue;
2. Pre - hospital medical services including triage, treatment and transport
by Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at
a level consistent with current methods and procedures presently provided to
similar areas of the City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipment will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve areas now
being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C. Emmency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation areas. These services include:
1. Emergency medical dispatch and pre - arrival First Aid instructions;
2. Pre - hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas of the City of Denton on the effective date of
the ordinance.
As development commences in these areas, sufficient EMS, including personnel
and equipment will be provided to furnish these areas with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
2
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas within the city limits.
D. Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly
annexed property immediately upon the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar
areas within the city. Private solid waste collection service providers operating in
the affected area immediately prior to annexation and currently providing
customers with service, may continue to provide their existing service for up to 2
years in accordance with Texas Local Government Code.
E. Wastewater Facilities
All the proposed annexation areas are within the City of Denton Sewer Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
20072 as issued by the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended
in accordance with the provisions of the City's codes, ordinances and regulations.
City participation in the costs of these extensions shall be in accordance with
applicable City ordinances and regulations. Capacity shall be provided consistent
with the characteristics of topography, land utilization, and population density of
the areas.
Sanitary sewer mains and lift stations installed or improved to City standards
within the annexed areas which are located within dedicated easement, rights -of-
way, or any other acceptable location approved by the City Engineer, shall be
maintained by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
F. Water Facilities
PAAl, PAA4, DH -1, DH -2, DH -3, DH -4, DH -5, DH -6, DH -8, DH -10, DH -11,
DH -13, and DH -14 annexation areas are within the City of Denton Water Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
10195 as issued by the Texas Commission on Environmental Quality (TCEQ).
PAA2S and PAA3 annexation areas lie within the City of Denton Water Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
10195 as issued by the Texas Commission on Environmental Quality (TCEQ).
Bolivar Water Supply Corporation is dually certified in portions of this area under
CCN Number 11257.
3
Connections to existing City of Denton water distribution mains for water service
will be provided in accordance with existing City ordinances and policies. Upon
connection to existing distribution mains, water service will be provided at rates
established by city ordinance.
As new development occurs within these areas, water distribution mains will be
extended in accordance with Denton's Codes, ordinances and utility service
policies. City participation in the costs of these extensions shall be in accordance
with Denton's codes and ordinances. Water service capacity shall be provided
consistent with the characteristics of topography, land use and population density
of the area.
Operation and maintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line extension and
connection policies currently in place at the time the request for service is
received.
G. Roads and Streets
Emergency street maintenance shall be provided within the annexation areas on
the effective date of the applicable ordinance of acceptance. Routine maintenance
will be provided within the annexation areas and will be scheduled as part of the
City's annual program and in accordance with the current policies and procedures
defined by the ordinance and /or as established by the City Council.
Any construction or reconstruction will be considered within the annexation areas
on a City wide basis and within the context of the City's CIP and /or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the City Council. If a sign remains, it will
be reviewed and placed on the City's inventory listing for routine replacement.
All exiting signs will be reviewed for applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering
study.
Routine maintenance of road /street markings will be placed on a priority listing
and scheduled within the yearly budgetary allotments by the City Council.
M
H. Parks, Playgrounds, Swimming Pools
Residents within the areas annexed may utilize all existing park and recreation
facilities, on the effective date of this ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As development commences in these areas, additional park and recreation
facilities shall be constructed based on park policies defined in the Park Master
Plan and as specified in the Park Dedication and Development Ordinance. The
general planned locations and classifications of parks will ultimately serve
residents from the current City limits and residents from areas being considered
for annexation.
I. Publicly Owned Facilities
Any publicly owned facility, building, or service located within the annexed area,
and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation
ordinance.
J. Other Services
Other services that may be provided by the City of Denton, such as municipal and
general administration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the City
of Denton with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
IV. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
V. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be
at the discretion of City Council.
VL AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City
Council may amend the service plan to conform to the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Section 43.056.
E
Location Map and General Descriptions
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PAA1
General Location:
South side of Jim Christal Road; north side of Tom Cole Road; east side of C. Wolfe
Road; west of Masch Branch Road
Acres: 741.90
PAA2
General Location:
South side of FM 1173; north of University Drive; west of 1 -35
Acres: 476.17
PAA3
General Location:
South side of Ganzer Road; north of FM 1173; east and west of Barthold Road
Acres: 465.37
CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707
PAM
General Location: South side of Milam Road; north of Loop 288; east of 1 -35; west of Locust Street
Acres: 1105.70
DH1
General Location: South side of FM 2449; west side of John Paine Road
Acres: 261.65
DH 2
General Location: South side of University Drive; north side of Jim Christal Road; west and east sides
of Thomas J. Egan Road; west of Masch Road
Acres: 203.94
DH 3
General Location: South side of Spring Side Road; north, south and west of Corbin Road; east side of
Underwood Road; west of 1 -35
Acres: 279.61
DH 4
General Location
Boulevard
Acres: 274.16
DH 5
General Location
Acres: 321.64
DH 14
General Location
Acres: 2.26
East side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage
North side of Brush Creek Road; west side of Country Club Road
South side of Robinson Road; east of Thoroughbred Trail; west of Marbella's Court
CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
DEN'FON
File #: ID 16 -377, Version: 1
Legislation Text
Agenda Information Sheet
SUBJECT
Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consultation, discussion, deliberation and receipt of information from the City's attorneys involving legal
matters relating to the annexation or extension/renewal of non - annexation agreements for eligible properties,
and to provide the City's attorneys with direction, where a public discussion of these legal matters would
clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
City of Denton Page 1 of 1 Printed on 2/26/2016