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February 17, 2011 MinutesCITY OF DENTON CITY COUNCIL MINUTES February 17, 2011 After determining that a quorum was present, the City Council convened in a Special Called Session on Thursday, February 17, 2011 at 6:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Engelbrecht, Mayor Burroughs, Council Member Watts, and Mayor Pro Tem Kamp. ABSENT: Council Member Heggins and Council Member Gregory. 1. PUBLIC HEARING A. Hold a third public hearing to consider the involuntary annexation and service plan for approximately 1,595 acres of land contained in three (3) areas located within the City of Denton's Extraterritorial (ETJ) Jurisdiction, in accordance with Texas Local Government Code. The proposed annexation consists of three (3) distinct areas under multiple ownerships and of an approximate total of 1,595 acres. The 3 areas are identified and generally located as follows: 1. DH-7: 143 acres, located east and north of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive; 2. DH-9: 298 acres, located north of Pockris Page Road, north, south and northeast of Edwards Road; and 3. DH-12: 1,154 acres, located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road. Mark Cunningham, Director of Planning and Development, presented the details of the proposed annexation, indicating that this was the third public hearing on the proposal due to the inclement weather for the first public hearing. Overview/Background - In 2009, 18 potential annexation areas were identified. Of the 18 areas, all but three were exempted from the 3-year annexation plan requirements. The 15 areas that were exempted from the requirement of the 3-year annexation plan were annexed on May 4, 2010 except for properties that qualified for non-annexation agreements. The areas to be included in the proposed annexation in terms of acres and parcels were reviewed. Annexation plan process included (1) the adoption of a 3 year annexation plan, (2) providing written notice of intent to annex, (3) conducting an inventory of services and facilities, (4) preparing a service plan for extension of full municipal services, (5) holding two public hearings, (6) negotiating for the provision of services and (7) holding two readings of the annexation ordinance. A Service Plan must be prepared that provided for full municipal services to the annexed areas. The City may provide the services by any of the methods by which it extended services to other areas of the City. The City was not required to extend services to a newly annexed area prior to the extension of services to existing similar areas. The City was not required to provide a uniform level of full municipal services to each area annexed if different City of Denton City Council Minutes February 17, 2011 Page 2 characteristics of topography, land use and population density constituted a sufficient basis for providing different levels of service. Staff was recommending the same Service Plan for the three-year annexation areas that was prepared and adopted for the other 15 recently annexed exempted areas. Elements of the Service Plan - (1) Fire - would be provided at a level consistent with current methods and procedures consistent with those services provided to other areas of the city including fire suppression, pre-hospital medical services, hazardous materials response, emergency prevention, technical rescue response and constriction plan review. (2) EMS - included emergency medical dispatch, pre-hospital emergency advanced life support and medical rescue services. (3) Solid Waste - solid waste and recycling services would be made available immediately upon the effective date of annexation with private collection services continuing up to two years after the annexation. (4) Parks and Recreation - the annexed areas would be able to utilize all existing park and recreation facilities on the effective date of the annexation. (5) Streets - emergency street maintenance would be provided on the effective date of the annexation, routine maintenance would be provided consistent with current policies of the City, and roadway signage would be provided in priority of importance starting with emergencies. (6) Water - connection to existing city water in accordance with existing city policies would be available at the established rates. As new development occurred in the annexed areas, the extension of water would be consistent with city policies. Water service capacity would be provided consistent with the same fashion in the current city limits. Existing developments, businesses or homes on individual water systems would be allowed to remain as such until a request was made for service. (7) Wastewater - sanitary sewer mains would be extended in accordance with the provisions of the City's codes, ordinances and regulations. (8) Operation and Maintenance - the City would assume the operation and maintenance of wastewater facilities; roads and streets; and any other publicly owned facility, building or service following the effective date of the annexation. After holding the public hearings, the City and property owners must negotiate with area representatives for the provision of services to the area after annexation. The Denton County Commissioners Court would select the representatives to negotiate with the City for the provision of services. The City would not be able to annex those areas appraised for agriculture, wildlife management or timberland uses unless offered a non- annexation agreement and the property owner declined to make the agreement. Annexation schedule - the next step would be negotiation for services, the first reading of the ordinance would be 1/10/12 and the second reading would be determined but no later than 5/20/13. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Ken Stout, 4608 Mills Road, Denton, 76208 - opposed Kevin McCormack, 3031 Swisher Road, Denton, 76208 - opposed Georgina Nunez, 3325 Swisher Road, Denton, 76208 - opposed Lisa Polster, 415 Bronco Circle, Shady Shores, 76208 - opposed Hunter Phillips, 3409 Swisher Road, Denton, 76208 - opposed City of Denton City Council Minutes February 17, 2011 Page 3 The Mayor closed the public hearing. No action was required by Council on this item at this time. 2. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. There were no items suggested by Council. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. A Closed Meeting was not held. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 7:02 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS