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Home My WebLink AboutMay 13, 2008 Agenda AGENDA CITY OF DENTON CITY COUNCIL May 13, 2008 After determining that a quorum is present, the City Council of the City of Denton, Texas will 3:30 p.m. convene in Special Called Closed Meeting on Tuesday, May 13, 2008 at in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas 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, as set forth below. A. Consultation with Attorney – Under Texas Government Code Section 551.071. 1.Receive, consider and hold a discussion related to a briefing from City’s Attorneys, relating to claims, potential claims, and settlement thereof for matters pertaining to JNC Partners Denton, LLC v. City of Denton, including legal advice related to future annexation, zoning, subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, water rights, permitting and other legal issues related to the future development of land, as proposed by JNC Partners Denton, LLC. 2.Consider and discuss litigation styled Tower v. City of Denton, Civil Action No. 4:05cv302, currently pending in the U.S. District Court, Eastern District, Sherman Division. 3.Consultation with the City's attorneys to discuss and give direction regarding legal issues and remedies associated with the biodiesel program. Following the completion of the Closed Session, the Council will convene in Open Session to consider the following: 1. Consider adoption of an ordinance of the City of Denton, Texas approving a compromise settlement agreement in pending litigation styled Cary Tower v. City of Denton, Texas, Civil Action No. 4:05-cv-302, filed in the United States District Court, Eastern District of Texas, Sherman Division; authorizing the City Manager and the City’s attorneys to act on the City’s behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. 2. Consider adoption of an ordinance of the City Council of the City of Denton, Texas calling a public hearing of the Denton City Council on land use assumptions, water and wastewater capital improvements plans, and a proposed amendment to impact fees related to the possible adoption of amended water and wastewater impact fees in accordance with Chapter 395 of the Texas Local Government Code; requiring the City Secretary to post notice of the public hearing and to provide additional notice of the public hearing as set forth in the body of this ordinance; and providing an effective date. 3. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda May 13, 2008 Page 2 C E R T I F I C A T E 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 ___________________, 2008 at ________o'clock (a.m.) (p.m.) ____________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS 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: May 13, 2008 DEPARTMENT: Water & Wastewater Utilities ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas calling a public hearing of the Denton City Council on amended Land Use Assumptions, Water and Wastewater Capital Improvement Plans, and a proposed amendment to Impact Fees, related to the possible adoption and imposition of amended Water and Wastewater impact fees in accordance with Chapter 395 of the Texas Local Government Code; requiring the City Secretary to post notice of the public hearing and to provide additional notice of the public hearing as set forth in the body of this ordinance; and providing an effective date. BACKGROUND The State legislation governing impact fees requires that a political subdivision (City Council) imposing an impact fee must update the land use assumptions and capital improvements plan (CIP) at least every five years. City of Denton Water and Wastewater impact fees were first adopted in 1998 and updated in 2003. Another update is required in 2008 and the CIP Advisory Committee and Public Utilities Board have been reviewing the land use assumptions, 10-year Water and Wastewater CIP, and potential revisions to the existing impact fees. The State legislation also requires that a public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution amending land use assumption, the capital improvements plan, or impact fee. The legislation states that before th the 30 day before the date set for a public hearing, a political subdivision must adopt an order, ordinance, or resolution establishing the public hearing date. The attached ordinance sets the public hearing date for June 17, 2008. Staff is planning to present to the City Council at a work session on June 3, 2008 the results of the 2008 impact fee study, comments from CIP Advisory Committee, and recommendations from the Public Utilities Board for revisions to the Water and Wastewater impact fees. Based on guidance and direction from the City Council, Staff will present on June 17, 2008 an agenda item with an ordinance establishing amended impact fees, with a proposed effective date of July 1, 2008. RECOMMENDATION Staff recommends City Council adopt an ordinance setting a public hearing for June 17, 2008 on land use assumptions, 10-year CIP, and potential revision to the Water and Wastewater impact fees. EXHIBITS 1. Proposed Ordinance Respectfully submitted: Howard Martin ACM, Utilities Prepared by: Earl Crews ORDINANCE NO. 2008-_______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALL- ING A PUBLIC HEARING OF THE DENTON CITY COUNCIL ON LAND USE ASSUMP- TIONS, A CAPITAL IMPROVEMENTS PLAN, AND A PROPOSED AMENDMENT TO IMPACT FEES RELATED TO THE POSSIBLE ADOPTION OF AMENDED WATER AND WASTEWATER IMPACT FEES IN ACCORDANCE WITH CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; REQUIRING THE CITY SECRETARY TO POST NOTICE OF THE PUBLIC HEARING AND TO PROVIDE ADDITIONAL NOTICE OF THE PUBLIC HEARING AS SET FORTH IN THE BODY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 19th day of February, 2008, the City Council passed Ordinance No. 2008-041 appointing the City of Denton, Texas Planning and Zoning Commission members and one (1) additional ad hoc committee member from the extraterritorial jurisdiction of the City as the Denton Capital Improvements Advisory Committee (the “Committee”), in accordance with Texas Local Government Code §395.058; and WHEREAS, the Committee has met as required by law since the enactment of the above- referenced Ordinance No. 2008-041 to consider land use assumptions and a capital improve- ments plan related to the possible adoption of amended impact fees to recover those costs related to water and wastewater facilities, as allowed by law; and WHEREAS, the City Council should hold a public hearing in accordance with the re- quirements of subchapter C of Chapter 395 of the Texas Local Government Code to obtain pub- lic input on the land use assumptions, to the capital improvements plan, and relating to the possi- ble adoption of such amended impact fees; and WHEREAS, the Committee shall, as required by §395.056 file its written comments on the proposed amendments to the land use assumptions, capital improvements plan, and proposed th amended impact fees before the 5 business day before the date of the public hearing on the amendments, which is scheduled for Tuesday, June 17, 2008, in the Denton City Council Meet- ing convening at 6:30 p.m. and shall make its recommendations to the City Council known, with regard to land use assumptions, capital improvements plan, and amended impact fees; and WHEREAS, the Public Utilities Board has met in accordance with the Charter and the City of Denton procedures, and Staff will present the Board’s recommendations to the City Council regarding the land use assumptions, capital improvements plan, and the possibility of an amended impact fee; and WHEREAS, the City Council deems it in the public interest to set a public hearing on the subject of land use assumptions, a capital improvements plan, and relating to the possible adop- tion of amended impact fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby calls a public hearing to be held in the City of Denton, City Council Chambers at 215 East McKinney Street, Denton, Texas 76201 conven- ing at 6:30 p.m. on June 17, 2008 to consider the adoption of land use assumptions within a des- ignated service area that includes an area both within the corporate city limits of Denton and por- tions of its extraterritorial jurisdiction, to consider the capital improvements plan as proposed, and to consider, as more fully shown on the attached notice of public hearing, the possible adop- tion of amended impact fees to recover costs related to water and wastewater facilities. SECTION 2. That the City Secretary of the City of Denton, Texas is hereby directed to th publish notice of the public hearing on one occasion, before the 30 day before the date set for the hearing, in the Denton Record-Chronicle, a newspaper of general circulation in Denton County, Texas; said notice to be substantially in accordance with the notice of public hearing which is attached to and made a part of this ordinance for all purposes and in compliance with th Texas Local Government Code §395.055(b). Further, on or before the 30 day before the date of the public hearing on land use assumptions, capital improvements plan, and proposed amended impact fees, the City Secretary of the City of Denton, Texas shall send a notice of the public hearing by certified mail to any person who has given written notice by certified or registered mail to the City Secretary, as the designated official of the City of Denton, Texas, requesting no- tice of the public hearing within two years preceding the date of adoption of the order, ordinance, or resolution setting the public hearing. SECTION 3. That on or before the date of the first publication of the notice of the pub- lic hearing on the land use assumptions, capital improvements plan, and proposed amended im- pact fees, the City Secretary shall make available to the public the City’s land use assumptions, the time period of the projections, and a description of the general nature of the capital improve- ment facilities, that may be proposed in accordance with Texas Local Government Code §395.043, in the office of the City Secretary in the City Hall at 215 East McKinney Street, Den- ton, Texas 76201. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of ________________, 2008. __________________________________ PERRY R. McNEILL, MAYOR Page 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: _______________________________ Page 3 EXHIBIT “A” NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN RELATING TO THE POSSIBLE AMENDMENT OF WATER AND WASTEWATER IMPACT FEES A public hearing of the Denton City Council will be convened at 6:30 p.m., Tuesday, June 17, 2008 at the Denton City Council Chambers at 215 East McKinney Street, Denton, Tex- as 76201 on the following issues. The purpose of the hearing is to consider the land use assumptions and capital improve- ments plan under which amended impact fees may be proposed. Any member of the public has the right to appear at the public hearing and present evi- dence for or against the update. Page 4