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January 11, 2011 MinutesCITY OF DENTON CITY COUNCIL MINUTES January 11, 2011 After determining that a quorum was present, the City Council convened in a Special Called Session on Tuesday, January 11, 2011 at 4:00 p.m. in the City Council Chambers. PRESENT: Council Member King, Council Member Watts, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: None. 1. Proclamation for Guyer High School football team Mayor Burroughs presented a proclamation for the Guyer High School football team. 2. Proclamation for Ryan High School football team Mayor Burroughs presented a proclamation for the Ryan High School football team. Following the completion of the Special Called Session, the City Council of the City of Denton, Texas convened in 2nd Tuesday Session in the City Council Work Session Room. 1. Receive a briefing and hold a discussion regarding the annexation procedures in accordance with Texas Local Government Code. The briefing and discussion will including: (1) the requirements of a 3-year Annexation Plan; (2) the provision of municipal services; and (3) the provision of non-annexation development agreement for property appraised for ad valorem tax purposes as land for agricultural, timber land or wildlife management. 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, stated that this was the second phase of the City's three year annexation plan. Overview/Background Information -staff had conducted and presented an annexation study to Council including goals, planning rationale, and priority rankings. Council had provided direction to proceed with the annexation process of specific areas. The annexation areas were separated into two processes - exempted and non-exempted. The City had already adopted a three year plan and completed an inventory of services and facilities for the non-exempted annexation areas named DH7, DH9 and DH12. He reviewed the location of the three proposed annexation areas, the current uses, number of acres and number of parcels. City of Denton City Council Minutes January 11, 2011 Page 2 Annexation process - The annexation process included the adoption of a three year annexation plan; providing written notice of intent to annex; conducting an inventory of services and facilities; preparing a service plan for the extension of full municipal services; providing for two public hearings; negotiating for services for the provision of services; and arbitration if required. Service plan - staff was recommending offering the same service plan to the three year annexation plan areas that was offered to the recently annexed exempted areas. Negotiation for services - property owners within the areas to be annexed had the right to negotiate for the provision of services to the area after annexation. A negotiation team for the property owners would be appointed by the Commissioners Court. Arbitration - if the City and representatives of the area could not reach an agreement for the provision of services, an arbitrator would be appointed. Cunningham reviewed the process involved in the arbitration process. If the City did not agree with terms of the arbitrator's decision, the City could not annex the area before the fifth anniversary of the date of the arbitrator's decision. The City would have to pay for the arbitration services unless determined that it was in arbitration in bad faith. Non-annexation agreements - the City could not annex areas approved for ad valorem tax purposes as land appraised for agricultural use, wildlife management or timber land use unless a development agreement was offered. Annexation schedule - the first public hearing was scheduled for February 1st and the second public hearing schedule for February 15th. The first reading of the ordinance was scheduled for January 10, 2012 with the second reading to be determined but done before May 7, 2013. Council Member Gregory asked if the annexation schedule was posted on the City's web site. Cunningham stated that an abbreviated schedule was on the website that provided dates of interest to the citizens. 2. Receive a report, hold a discussion and give staff direction regarding a proposed lease of property located on the Denton Municipal Airport, specifically the area northeast of the Airport Terminal parking lot and the lease of said property to NE Interests, Ltd. for the constriction and operation of a restaurant. This item was not considered. Following the completion of the 2" d Tuesday Session, the Council convened in a Closed Session to discuss the following: 1. Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071. City of Denton City Council Minutes January 11, 2011 Page 3 1. Consult with City's attorneys regarding legal issues associated with the proposed annexation of three areas previously identified in the City's most recent Growth Management Plan as areas DH-7, DH-9, and DH-12, generally described and 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. 2. Consult with City's attorneys regarding legal issues associated with the referendum petition to repeal Ordinance No. 2010-292. B. Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087, and Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Receive a report, hold a discussion and give staff direction regarding the value of real property located on the Denton Municipal Airport, specifically the area northeast of the Airport Terminal parking lot and the lease of said real property to NE Interests, Ltd. for the constriction and operation of a restaurant where deliberation in an open meeting would have a detrimental effect on the position of the City of Denton in negotiations with a third person. Item B 1 was not discussed. Following the completion of the Closed Meeting, the Council was to convene in a Special Called Session to consider the following: 1. Consider adoption of an ordinance approving a Commercial Operator Airport Lease Agreement between the City of Denton, Texas and NE Development and Constriction at the Denton Municipal Airport for lease of property on which to build and operate a restaurant; and providing an effective date. The Airport Advisory Board recommends approval (5-0). This item was not considered. 2. Consider adoption of an ordinance establishing an economic development program under Chapter 380 of the Local Government Code for making grants of public money to promote City of Denton City Council Minutes January 11, 2011 Page 4 economic development and to stimulate business activity in the City of Denton; approving an economic development program grant agreement with NE Interests, Ltd. regarding the constriction of a restaurant at the Denton Municipal Airport in the City of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Airport Advisory Board recommends approval (5-0). This item was not considered. With no further business, the meeting was adjourned at 6:03 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS