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Minutes May 21, 2002CITY OF DENTON CITY COUNCIL MINUTES May 21, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, May 21, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None. 1. The Council received a report, held a discussion, and gave staff direction regarding the City of Denton Watershed Protection Program and Drainage Fee issues. Jim Coulter, Director of Water/Wastewater Utilities, stated that the Drainage Fee was collected to pay for costs associated with providing drainage services to the community. The fee would also provide funding to comply with the federally mandated Storm Water Phase II requirements. Kenny Banks, Watershed Protection Manager, stated that the Watershed Protection Program was established in January 2001. The program was part of a 5-year plan to improve water quality standards in the Pecan Creek, Cooper Creek, and Hickory Creek watersheds. He stated that Denton was located in the Trinity River Watershed. Kevin Thuesen, Water Resource Program Manager, reviewed the Storm Water Phase II requirements. He stated that the goals of the program were to establish baseline water quality conditions; determine areas of greatest concern from sub-basins to watershed scales; bring relevant information to the public via W/WW annual report, and outreach. He stated that Dursban residential sales ceased in December 2001. There were dramatic changes in Denton area watersheds from March 2001-2002 and April 2001-2002. The following were the results of the 2001 program: continuous monitoring was used to establish baseline water quality conditions. Dry weather screening was used for pesticide monitoring, illicit discharge detection, construction related runoff. Storm water sampling was used to characterize storm water. Presentations were used to address public education and participation. Volunteer activities were used to address public involvement. Reports for monthly monitoring results were used for public education. Thuesen stated that future efforts would continue monitoring baseline conditions, and identify and prioritize problem areas. He stated that many issues were non-point source in nature and required public participation/education to address the problems. Jim Coulter, Director of Water/Wastewater Utilities, discussed drainage issues. He stated that the drainage program had been operated from transfers from Water and Wastewater Funds. Funding levels since 1998 equaled $2.5 million per year. There were approximately 25 road closures during high water episodes. He stated that there were approximately 1000 homes or businesses located in the 100-yr. flood plain. Coulter stated that the rate structures for W/WW were not designed to support the Drainage Program. Rate revenues for W/WW were needed to fund infrastructure improvements due to aging water lines, wastewater lines and plants in need of repair and replacement, and state highway infrastructure relocations. City of Denton City Council Minutes May 21, 2002 Page 2 2. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of May 21, 2002. Staff responded to Council's requests for clarification of consent agenda items. Following the completion of the Work Session, the Council convened in a Closed Meeting. 1. The following items were considered in Closed Meeting: A. Consultation with Attorney~dnder TEX. GOV'T. CODE Section 551.071 Discussed, deliberated and consulted with the City's attorneys the claim of R.N. Realty and potential litigation concerning alleged water infiltration and subsequent damage to the Bank Building at Locust and Hickory in Denton, Texas claimed to have been caused by the Downtown Improvement Project, where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct." (2) Received update and gave staff direction regarding litigation styled Binkert v. Phillips, et al., Cause No. 4:02cv131, currently pending in the U.S. District Court, Eastern District, Sherman Division. Regular Meeting of the City of Denton City Council on Tuesday, May 21, 2002 at 6:30 p.m. in the Council Chambers at City Hall. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PROCLAMATIONS/PRESENTATIONS 2. May Yard-of-the-Month Awards Mayor Brock presented the May Yard-of-the-Month Awards to: Diana and David Johnson Denise Ray M.B. and Jimmie Holland John and Leslie Enlow Opal Dollarhide Jan and John Vann Joe and Betty Alford MayDay Manufacturing Company City of Denton City Council Minutes May 21, 2002 Page 3 3. Proclamations Mayor Brock presented the following proclamation: Alternative Transportation Day Katherine Barnett-Dixon, Special Projects Coordinator, Utility Administration, presented the following certificates of appreciation for sponsoring Alternative Transportation Day: Joe Mulroy, CBS Mechanical; University of North Texas; Denton Municipal Electric; Bike-O-Rama; LINK; and North Texas Clean Air Coalition. Amanda Oneacre with the Greater Dallas Chamber of Commerce presented the City a check for $5,000 from the North Texas Clean Air Coalition. 4. Recognition of staff accomplishments. City Manager Conduff presented staff accomplishments to the Council. CITIZEN REPORTS 5. Dessie Goodson regarding deception. Ms. Goodson was not present. 6. Ross Melton regarding code enforcement, lawsuits, the budget, and a review of prior citizen reports. Ross Melton reviewed for the council some of his prior citizen reports. He stated that nothing good grew in the dark. He stated that it seemed like the Council was more concerned with aesthetics not health and safety. CONSENT AGENDA Burroughs motioned, Fulton seconded to approve the Consent Agenda and the accompanying ordinances and resolutions. On roll vote, Burroughs"ayg', Fulton"ayg', McNeill"ayg', Montgomery 'by6', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayd'. Motion carried unanimously. 7. NO. 2002-151 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE UNIVERSITY OF NORTH TEXAS (UNT) FOR THE REPLACEMENT, INSTALLATION AND MAINTENANCE OF EMERGENCY WARNING SIRENS; AUTHORIZING THE EXPENDITURE OF FUNDS FOR LABOR AND AUTHORIZING THE CITY OF DENTON TO BE REIMBURSED BY UNT FOR MATERIALS PURCHASED; AND PROVIDING AN EFFECTIVE DATE. 8. NO. 2002-152 City of Demon City Council Minutes May 21, 2002 Page 4 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE SPENCER/WOODROW 138 KV TRANSMISSION LiNE UPGRADE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2838 - SPENCER/WOODROW 138 KV LiNE UPGRADE AWARDED TO ERNEST P. BREAUX ELECTRICAL, INC. IN THE AMOUNT OF $475,648.20). 9. NO. 2002-153 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF MAYHILL ROAD BOX CULVERT AND DRAINAGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2843- MAYHILL ROAD BOX CULVERT AND DRAINAGE IMPROVEMENTS AWARDED TO DBR CONSTRUCTION THE BASE BID AMOUNT OF $78,157.25 AND ALTERNATE 1 IN THE AMOUNT OF $38,766.50 FOR A TOTAL BID AWARD OF $116,923.75). 10. NO. 2002-154 AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR THE SERVICES OF AN INSURANCE CONSULTANT FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFSP 2829-INSURANCE CONSULTANT SERVICES AWARDED TO MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. IN THE AMOUNT OF $145,000 OVER A THREE-YEAR PERIOD). 11. NO. 2002-155 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF UNDERGROUND SUPERVISOR ELECTRIC DISTRIBUTION SWITCHGEAR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2827- ANNUAL PRICE AGREEMENT FOR UNDERGROUND SUPERVISOR ELECTRIC DISTRIBUTION SWITCHGEAR AWARDED TO PRIESTER SUPPLY CO., IN THE ESTIMATED AMOUNT OF $300,000). 12. NO. 2002-156 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING DEFERMENT OF RENTAL PAYMENTS FOR CERTAIN LEASES AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. 13. NO. R2002-019 A RESOLUTION GRANTING APPROVAL TO THE DENTON COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2002 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES City of Denton City Council Minutes May 21, 2002 Page 5 FOR SINGLE-FAMILY HOMES LOCATED WITHIN THE CITY AND PROVIDING AN EFFECTIVE DATE. 14. NO. 2002-157 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN & ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE FINAL DESIGN OF THE SOUTHWEST BOOSTER PUMP STATION AND STORAGE FACILITIES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING 15. The Council continued a public hearing and considered adoption of an ordinance rezoning approximately 0.52 acres from a Downtown Residential 1 (DR-l) zoning district to a Downtown Residential 2 (DR-2) zoning district. The property was commonly known as 915 Avenue A, 917 Avenue A and 1124 Fannin and was located at the northeast corner of Fannin and Avenue A. An apartment complex was proposed. The Planning and Zoning Commission recommended approval (6-0). (Z02-0015) Larry Reichhart, Assistant Director of Planning and Development, stated that this property was located in the Downtown University Core District. The development of a multifamily complex was consistent with the Comprehensive Plan. The Mayor opened the public hearing. Karen Mitchell, 7823 Nine Mile Ridge Road, Ft. Worth, spoke representing the applicant. The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-158 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND LAND USE DESIGNATION FOR APPROXIMATELY 0.52 ACRE OF LAND LOCATED AT THE NORTHEAST CORNER OF AVENUE A AND FANN1N; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0015) McNeill motioned, Redmon seconded to adopt the ordinance. On roll vote, Burroughs "ayg', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. 16. The Council held the second of two public hearings to consider the voluntary annexation City of Denton City Council Minutes May 21, 2002 Page 6 and service plan for approximately 345.5 acres of land generally located north of Loop 288, east of Bonnie Brae and west of Locust, in the northern section of the City of Denton Extraterritorial Jurisdiction (ET J). (A02-0001) Larry Reichhart, Assistant Director of Planning and Development, stated that the property was located in the extra territorial jurisdiction and was not zoned at this time. He stated that the applicant was proposing to develop residential and commercial uses, including a park and a high school. 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. 17. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 46 acres from an Agriculture (A) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The site was generally located on the south side of Blagg Road, approximately 1000' west of Lakeview Boulevard. The rezoning was required to bring property into compliance with the Development Code zoning classifications. The Planning and Zoning Commission recommended approval of Neighborhood Residential 1 (NR- 1) (7-0). (Z02-0010) Larry Reichhart, Assistant Director of Planning and Development, stated that the original property owner had requested NR-6. Staff had recommended NR-3 and the Planning and Zoning Commission recommended NR-1. He stated that the new property owner, who purchased the property after the Planning and Zoning Commission public hearing, was opposed to NR-1. Any zoning recommendation tonight would require a super majority vote. Mayor Brock asked if staff was recommending NR-3. Reichhart stated staff felt NR-3 was appropriate for this property. The Mayor opened the public hearing. Eric Janssen, 413 Fox Creek Court, stated that he protested the NR-1 zoning and requested the Council's consideration of rezoning the property to NR-4. Council Member Burroughs asked Janssen when he purchased the property. Janssen stated that he purchased it on the Monday following the Planning and Zoning Commission public hearing, April 29, 2002. The Mayor closed the public hearing. Burroughs motioned, Redmon seconded to adopt the ordinance rezoning the tract from City of Denton City Council Minutes May 21, 2002 Page 7 Agriculture to NR-3. City Attorney, Herb Prouty, advised the Council that the applicant had stated in materials handed out to the Council tonight that if they were not ready to rezone it, he was agreeable to sending it back to the Planning and Zoning Commission for reconsideration. On roll vote, Burroughs"ayg', Fulton"na~', McNeill "ayg', Montgomery"ayg', Phillips"na~', Redmon 'ha~', and Mayor Brock"ayg'. Motion failed 4-3. Brock motioned, Redmon seconded to return the case back to the Planning and Zoning Commission for further study and consideration. Redmon withdrew his second. Burroughs seconded the motion. On roll vote, Burroughs"ayg', Fulton"na~', McNeill "ayg', Montgomery"ayg', Phillips"na~', Redmon 'hyg', and Mayor Brock"ayg'. Motion passed 5-2. 18. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 2.67 acres from a Commercial (C) zoning district to a Neighborhood Residential Mixed Use (NKMU) zoning district. The site was generally located north of Crawford Road, east of Interstate Highway 35W and west of John Paine Road. The rezoning was required to bring property into compliance with the Development Code zoning classifications. The Planning and Zoning Commission recommended approval (7-0). (Z02-0012) Larry Reichhart, Assistant Director of Planning and Development, stated that the proposed NRMU zoning designation was consistent with The Denton Plan. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-159 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 2.67 ACRES IN THE CITY OF DENTON FROM COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU); THE TRACT BEING GENERALLY LOCATED NORTH OF CRAWFORD ROAD, EAST OF INTERSTATE HIGHWAY 35W AND WEST OF JOHN PAINE ROAD, WITHIN THE E. PIZANO SURVEY, ABSTRACT NO. 994, IN THE CITY OF DENTON; PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE. (Z02-0012) City of Denton City Council Minutes May 21, 2002 Page 8 Burroughs motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "ayg', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. 19. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 300 acres from an Agriculture (A) zoning district to a Rural Residential 5 (RD-5) zoning district. The site was generally located north of Lively Road, south of FM 2449 and west of C. Wolfe. The rezoning was required to bring property into compliance with the new Development Code zoning classifications. The Planning and Zoning Commissions recommended approval (7-0). (Z02-0013) Larry Reichhart, Assistant Director of Planning and Development, stated that the proposed RD-5 zoning designation was consistent with The Denton Plan. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-160 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONNG A TRACT OF LAND, COMPRISING APPROXIMATELY 300 ACRES IN THE CITY OF DENTON FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION TO RURAL RESIDENTIAL 5 (RD-5); THE TRACT BEING GENERALLY LOCATED NORTH OF H. LIVELY ROAD, SOUTH OF FM 2449 AND WEST OF H. LIVELY ROAD, WITHIN THE C. MANCHACA SURVEY, ABSTRACT NO. 789 IN THE CITY OF DENTON, TEXAS; PROVIDING A PENALTY CLAUSE; AND AN EFFECTIVE DATE. (Z02-0013). Fulton motioned, Rurroughs seconded to adopt the ordinance. On roll vote, Burroughs "ayg', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. 20. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 67.7 acres from an Agriculture (A) zoning district to an Industrial Center Employment (IC-E) zoning district. The site was generally located north of Jim Christal Road, south of University and west of Masch Branch Road. The rezoning was required to bring property into compliance with the new Development Code zoning classifications. The Planning and Zoning Commission recommended approval (7-0). (Z02-0014) Larry Reichhart, Assistant Director of Planning and Development, stated that the proposed IC-E zoning designation was consistent with The Denton Plan. The Mayor opened the public hearing. City of Denton City Council Minutes May 21, 2002 Page 9 No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-161 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 67.66 ACRES IN THE CITY OF DENTON FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION TO AN INDUSTRIAL CENTER EMPLOYMENT (IC-E); THE TRACT BEING GENERALLY LOCATED NORTH OF JIM CHRISTAL ROAD, SOUTH OF UNIVERSITY AND WEST OF MASCH BRANCH ROAD IN THE MYERS BRUMMET JOHNSON SURVEY, ABSTRACT NO. 1699; PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE. (Z02-0014) Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock "ayg'. Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 21. The Council considered approval of a resolution establishing maximum permitted rates that Charter Communications may charge its Denton cable television subscribers for basic cable service, associated equipment, changing tiers, and the hourly service charge; providing a severability clause; and providing an effective date. John Cabrales, Public Information Officer, stated that staff recommended approving the rates recommended by C2 Consulting. The consultant recommended a rate of $9.80/month for Basic Service instead of Charters proposed rate of $10.19/month. Cabrales stated that Charter had announced they would postpone implementing the new rate until July 1, 2002. The following resolution was considered: NO. R2002-020 A RESOLUTION ESTABLISHING MAXIMUM RATES THAT CHARTER COMMUNICATIONS MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER, CHANGING TIERS, AND ASSOCIATED EQUIPMENT; ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton "ayd', McNeill "ayg', Montgomery "ayd', Phillips "ayd', Redmon "ayd', and Mayor Brock "ayg'. Motion carried unanimously. City of Denton City Council Minutes May 21, 2002 Page 10 22. The Council considered adoption of an ordinance authorizing the City Manager or his designee to execute a Quit Claim Deed to abandon an all purpose utility easement consisting of a 0.427 acre tract of land being a part of Shadow Brook Place, an addition to the City of Denton, as recorded in Cabinet T, Page 171 of the plat records of Denton County, Texas; and providing an effective date. Beverly Stephens, representing Shadow Brook Place, spoke in support. The following ordinance was considered: NO. 2002-162 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A QUIT CLAIM DEED TO ABANDON AN ALL PURPOSE UTILITY EASEMENT CONSISTING OF A 0.427 ACRE TRACT OF LAND BEING A PART OF SHADOW BROOK PLACE, AN ADDITION TO THE CITY OF DENTON, AS RECORDED IN CABINET T, PAGE 171 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs 'hyg', Fulton "ayg', McNeill "ayg', Montgomery "ayg', Phillips "ayg', Redmon "ayg', and Mayor Brock 'hyg'. Motion carried unanimously. 23. The Council considered adoption of an ordinance authorizing the City Manager or his designee to execute a Quit Claim Deed to abandon a sanitary sewer easement consisting of a 0.293 acre tract of land being a part of Shadow Brook Place, an addition to the City of Denton, as recorded in Cabinet T, Page 171 of the plat records of Denton County, Texas; and providing an effective date. The following ordinance was considered: NO. 2002-163 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A QUIT CLAIM DEED TO ABANDON A SANITARY SEWER EASEMENT CONSISTING OF A 0.293 ACRE TRACT OF LAND BEING A PART OF SHADOW BROOK PLACE, AN ADDITION TO THE CITY OF DENTON, AS RECORDED IN CABINET T, PAGE 171 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs"ayg', Fulton 'hyg', McNeill "ayg', Montgomery"ayg', Phillips"ayg', Redmon"ayg', and Mayor Brock"ayg'. Motion carried unanimously. 24. New Business The following items of New Business were suggested by Council for future agendas: City of Denton City Council Minutes May 21, 2002 Page 11 Council Member Redmon requested clarification on vested rights for property owners in zoning cases. Council Member Fulton asked about discussing the possibility of resurfacing and repaving Mayhill after the new culverts were in. Council Member Fulton requested staff look into the possibility of realigning the railroad crossing at 377 and Bonnie Brae and installing a crossing gate. D. Council Member Redmon requested detailed remarks of a previous zoning case. 25. Items from the City Manager City Manager Conduff did not have any items for Council. 26. There was no continuation of the Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 27. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Burroughs motioned, Montgomery seconded to give the authority to the City Attorney to take action as discussed and recommended by the City Attorney in Closed Session on Cause No. 4:02cv131. On roll vote, Burroughs"ayd', Fulton"ayd', McNeill "ayd', Montgomery"ayd', Phillips"ayd', Redmon 'hyg', and Mayor Brock"ayd'. Motion carried unanimously. With no further business, the meeting was adjourned at 8:05 p.m. EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS