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June 12, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES June 12, 2007 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in 2nd Tuesday Session on Tuesday, June 12, 2007 at 4:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, and Watts. ABSENT: Council Member Thomson 1. The Council discussed the nomination process for the City's Boards and Commissions. Jennifer Walters, City Secretary, reviewed the nomination process for the boards and commissions. Council would be presented with a notebook containing current terms that were expiring, member responses for re-nomination, attendance, new applications and a preference chart for applicants. She asked the council to take the weeks during the summer break to contact their nominations which would be presented to Council at the July 17th meeting. Following the completion of the Work Session, the City Council convened in a Special Called Meeting. 1. The Council held the first of two public hearings to consider the voluntary annexation and service plan for two sites. The first site was approximately 7.85 acres and the second site was approximately 1.54 acres, totaling approximately 9.39 acres. The sites to be annexed were generally located on the north side of Spencer Road between Woodrow Lane and Brinker Road. The sites were within a tract of land legally described as Municipal Utility Addition, Lot 1, Block 2. (A07-0002, Denton Municipal Electric Spencer Complex Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary annexation for a portion of the Denton Municipal Electric Spencer Complex property and associated right-of way. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was required on this item at this time. 2. The Council held the first of two public hearings to consider the voluntary annexation and service plan for approximately 127.9662 acres. The property to be annexed was generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) at the northwest corner of I-35N and the future Loop 288 extension. (A07-0001, Westview Commercial Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary annexation for the Westview Commercial property and associated right-of way. There were no future plans for the property, outside the future right-of way for the Loop 288 extension. The notice of annexation had met all state mandated requirements. City of Denton City Council Minutes June 12, 2007 Page 2 Mayor McNeill asked if there would be an advantage to include state right-of way in the annexation. City Manager Campbell stated that it would assist police officers with the enforcement of traffic aws m t e area. Mayor McNeill asked why it had been left out of the annexation. Lockley replied that the property was state right-of way and not VVestview Commercial property. The State would have to provide permission for the City to annex the right-of way. Deputy Mayor Pro Tem Mulroy indicated that unless the annexation was on a critical path, staff should check with TxDot to include the right-of way in the annexation. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was needed on this item at this time. Following the completion of the Special Called Meeting, the City Council convene in a Closed Meeting at 4:20 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Deliberations regarding certain Public Power Utilities: Competitive Matters - Under TEXAS GOVERNMENT CODE Section 551.086. 1. Received a briefing and information pertaining to certain competitive electric matters including, without limitation: present and future maintenance issues, financial issues, operational issues, reliability issues, and any related issues concerning the City's interest in, and its business relationship with TMPA; and discuss, deliberate, consider, and provide Staff with direction regarding such matters. B. Consultation with Attorney -Under Texas Government Code Section 551.071 1. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under annexation case no. A05-0002, along with other legal issues related to the annexation, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, settlement, annexation agreements, service plans, utility service, and legal issues City of Denton City Council Minutes June 12, 2007 Page 3 relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. C. Consultation with Attorney -Under TEXAS GOVERNMENT CODE Section 551.071 and Deliberations regarding Real Property - Under TEXAS GOVERNMENT CODE Section 551.072. 1. Deliberations regarding value and purchase of Real Property located in downtown Denton including advice from City Attorney regarding legal issues related thereto, and legal advice from the City Attorney related to the sale of City property. With no further business, the meeting was adjourned. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS