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February 9, 2010 Minutes CITY OF DENTON CITY COUNCIL MINUTES February 9, 2010 After determining in Open Session that a quorum was present, the City Council convened in a Closed Session on Tuesday, February 9, 2010 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins, Council Member Mulroy and Council Member Watts. ABSENT: None 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Consultation, discussion, deliberation, and receipt of information from the city’s attorneys involving legal matters relating to possible annexations of property into the City of Denton where 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. B. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART or DCTA, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas, dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DART or DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said property above described 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. Following the completion of the Closed Session, the Council convened in a Special Called Meeting at 4:00 p.m. in the City Council Chambers to consider the following: A. Consider adoption of the following ordinances: City of Denton City Council Minutes February 9, 2010 Page 2 First Reading 1. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-6 of approximately 9 acres located on the east side of Teasley Lane, north of Hickory Creek Road, west of Lipizzan Court, more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 2. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-8 of approximately 29 acres located west of Old Edwards Road, north and south of Edwards Road, more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Council Member Mulroy motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 3. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-13 of approximately 16 acres located on the west side of the intersection of North Locust Street and Bobcat Road, south of Chaparral Road, more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. City of Denton City Council Minutes February 9, 2010 Page 3 First Reading 4. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-10 of approximately 87 acres located on the south side of East McKinney, east and west of Lakey Circle, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Council Member Watts motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. Ordinance No. 2010-033 5. An ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-1 of approximately 315 acres located east of H. Lively Road, south side of FM 2449, west side of John Paine Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. (First Reading) Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 6. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-1 of approximately 315 acres (less those parcels identified in Exhibit "C") located east of H. Lively Road, south side of FM 2449, west side of John Paine Road, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH-1 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Council Member Heggins motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. City of Denton City Council Minutes February 9, 2010 Page 4 Ordinance No. 2010-034 7. An ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-2 of approximately 258 acres located on the south side of University Drive, west and east sides of Thomas J. Egan Road, north of Jim Christal Road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. (First Reading) Council Member Gregory motioned, Council Member Watts seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 8. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-2 of approximately 258 acres (less those parcels identified in Exhibit "C") located on the south side of University Drive, west and east sides of Thomas J. Egan Road, north of Jim Christal Road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH-2 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Mayor Pro Tem Kamp motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. Ordinance No. 2010-035 9. An ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-3 of approximately 421 acres located on the south side of Spring Side Road, north, south and west of Corbin Road, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. (First Reading) Claudia Lynch, 2585 Underwood Road, Denton, 76207 spoke in opposition. City of Denton City Council Minutes February 9, 2010 Page 5 Council Member Gregory motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 10. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-3 of approximately 421 acres (less those parcels identified in Exhibit "C") located on the south side of Spring Side Road, north, south and west of Corbin Road, west of I-35, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH-3 subject to non- annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. Ordinance No. 2010-036 11. An ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-4 of approximately 347 acres located on the east side of Bonnie Brae Street, west of Fort Worth Drive, east and west of Vintage Boulevard, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. (First Reading) Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 12. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-4 of approximately 347 acres (less those parcels identified in Exhibit "C") located on the east side of Bonnie Brae Street, west of Fort Worth Drive, east and west of Vintage Boulevard, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH-4 subject to non- annexation agreements for agricultural, wildlife management or timberland use from City of Denton City Council Minutes February 9, 2010 Page 6 the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Council Member Mulroy motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. Ordinance No. 2010-037 13. An ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-5 of approximately 307 acres located on the east side of Fort Worth Drive, west side of Country Club Drive, north of Brush Creek Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. (First Reading) Council Member Heggins motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 14. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-5 of approximately 307 acres (less those parcels identified in Exhibit "C") located on the east side of Fort Worth Drive, west side of Country Club Drive, north of Brush Creek Road, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH-5 subject to non- annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Council Member Mulroy motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. Ordinance No. 2010-038 15. An ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-11 of approximately 388 acres located southeast of the City of Denton City Council Minutes February 9, 2010 Page 7 intersection of Mayhill Road and McKinney Street, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. (First Reading) Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 16. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-11 of approximately 388 acres (less those parcels identified in Exhibit "C") located southeast of the intersection of Mayhill Road and McKinney Street, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH-11 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Council Member Mulroy motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. Ordinance No. 2010-039 17. An ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-14 of approximately 30 acres located on the south side of Robinson Road, east of Teasley Lane, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. (First Reading) Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 18. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-14 of approximately 30 acres (less those parcels identified in Exhibit "C") located on the south side of Robinson Road, east of Teasley Lane, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and City of Denton City Council Minutes February 9, 2010 Page 8 abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within DH-14 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Council Member Watts motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. Mayor Burroughs indicated that Comment Cards were received from the following for Items #11, #12, #13, and #14: Richard and Janelle Burch, 4478 Country Club Road, Denton, 76210 – opposed Charles and Nelda Hackett, PO Box 998, Argyle, 87226 - opposed Ordinance No. 2010-040 19. An ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA1 of approximately 1,171 acres located on the south side of Jim Christal Road, the north side of Tom Cole Road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. (First Reading) Speaker Cards were submitted by: Billie Glasser, 990 Tom Cole Road, Denton, 76207 – opposed Deborah Cottle, 480 Hickory Creek Court, Krum, 76249 - opposed Mayor Burroughs indicated that Comment Cards were received from the following for Items #19 and #20: Larry and Ladonna Pockrus, 9080 Wolf Run, Ponder, 76259 – opposed Council Member Heggins motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 20. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as PAA1 of approximately 1,171 acres (less those parcels identified in Exhibit "C") located on the south side of Jim Christal Road, the north side of Tom City of Denton City Council Minutes February 9, 2010 Page 9 Cole Road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within PAA1 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Silvia Pena, 470 Hickory Creek Court, Krum, 76249 spoke in opposition. Joey Hurst, 9711 Jim Christal Road, Krum, 76249 submitted a Comment Card in opposition. Council Member Mulroy motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. Ordinance No. 2010-041 21. An ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA2 South of approximately 1,472 acres located on the south side of FM 1173, north of W. University Drive, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. (First Reading) Mayor Pro Tem Kamp motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 22. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as PAA2 South of approximately 1,472 acres (less those parcels identified in Exhibit "C") located on the south side of FM 1173, north of W. University Drive, west of I-35, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within PAA2 South subject to non- annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Richard Harris, 425 Fry Street, Denton, 76201 submitted a Comment Card in opposition. City of Denton City Council Minutes February 9, 2010 Page 10 Council Member Heggins motioned, Council Member Watts seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. Ordinance No. 2010-042 23. An ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA3 of approximately 1,075 acres located on the south side of Ganzer Road, north and south of Barthold Road, north of FM 1173, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. (First Reading) Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 24. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as PAA3 of approximately 1,075 acres (less those parcels identified in Exhibit "C") located on the south side of Ganzer Road, north and south of Barthold Road, north of FM 1173, west of I-35, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within PAA3 subject to non- annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. Ordinance No. 2010-043 25. An ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA4 of approximately 1,555 acres located on the south side of Milam Road, north of Loop 288, east of 1-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. (First Reading) Bent Carter, 2043 Chinn Road, Denton, 76206, spoke in opposition. City of Denton City Council Minutes February 9, 2010 Page 11 Melissa Vargas, 6954 Ganzer Road, Denton, 76207 spoke in opposition. Mayor Burroughs indicated that Comment Cards were received from the following in regards to Items #25 and #26: Kenneth Hatridge, 2062 Chinn Road, Denton, 76207 - opposed Linda Chapa, 6306 Milam Ridge, Sanger, 76266 – opposed Council Member Engelbrecht motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. First Reading 26. An ordinance annexing an area of land to the City of Denton, Texas, generally identified as PAA4 of approximately 1,555 acres (less those parcels identified in Exhibit "C") located on the south side of Milam Road, north of Loop 288, east of I-35, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; providing for inclusion of a service plan in this ordinance; excluding properties within PAA4 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the city map to include this annexed area; providing a savings clause; and providing an effective date. (First Reading) Council Member Heggins motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Mayor Pro Tem Kamp "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Mayor Burroughs "aye", Council Member Engelbrecht "aye", and Council Member Heggins "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 5:30 pm _______________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _______________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS