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Minutes October 15, 2002CITY OF DENTON CITY COUNCIL M1NUTES October 15, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 15, 2002 at 5:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon ABSENT: Mayor Pro Tem Burroughs 1. The staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of October 15, 2002. Following the Work Session, the Council convened in a Closed Session: 1. The Council considered the following in Closed Meeting: Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Received a status report on pending litigation entitled: GN#200100, City of San Antonio, Texas vs. Brazos Power Cooperative, et al and GN#200090, Reliant Energy, Inc. vs. Big Country_ Electric Cooperative, et al, both pending before the-353rd Judicial District Court in and for Travis County, Texas, in which litigation Denton Municipal Electric was one of the many parties defendant. Discussed, considered, and took action regarding a settlement offer proposed by the parties to both causes of action, which would dismiss said causes of action. Discussed and considered other legal issues concerning this litigation with the City's attorneys where to discuss these matters in public 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. Deliberations regarding real property -- Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Deliberated the purchase and value of real property interests for electric utility purposes in the J.W. Hardin Survey, Abstract No. 1656 Denton County, Texas, and being an approximate 6.85 acre tract located along the west side of Corbin Road, south of F.M. 1515; which acquisition was for a public purpose. Received legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interests. (West Electric Transmission Line) Deliberated the purchase and value of real property interests for electric utility purposes in the W. Neil Survey, Abstract No. 970 Denton County, Texas, and being an approximate 1.18 acre tract located along the west side of Corbin Road, south of F.M. 1515; which acquisition is for a public purpose. Received legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interests. (West Electric Transmission Line) City of Denton City Council Minutes October 15, 2002 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, October 15, 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. 2. PROCLAMATIONS/PRESENTATIONS Mayor Brock presented the following proclamations: Relationship Violence Awareness Month World Population Awareness Week Make A Difference Day ICMA Award to Mike Conduff The October Yard-of-the-Month Awards were presented to: J.D. & Roxie McNeely Rebecca Mullett Daniel & Lisa Bidleman Denise Wallace Mark Holiman Tommy & Teresa Nelson Cecil & Alis Adkins - Xeriscaped Yard University Courtyard Apartments - Commercial D. City Manager Conduff presented recognition of staff accomplishments. 3. CITIZEN REPORTS A. The following individuals presented citizen reports: 1. Loretta May regarding the name change at the Denton Senior Center. Ms. May, 2000 Cindy Lane, stated she was opposed to the name change for the Senior Center and provided a signed petition. 2. Nikolas Eassa regarding the name change at the Denton Senior Center. Mr. Eassa stated that Denton had the best senior center there ever was. He was opposed to the name change. Clifford "Pop" Sickles regarding the name change at the Denton Senior Center. Mr. Sickles stated that he opposed the name change for the Senior Center. 4. Pam Snider regarding the name change at the Denton Senior Center. Ms. Snider was present but could not speak but she also opposes the name change for the Senior Center. City of Denton City Council Minutes October 15, 2002 Page 3 5. Elsie Carnes regarding the name change at the Denton Senior Center. Ms. Carnes was not present but gave her statement to Loretta May to read to the Council. 4. CONSENT AGENDA McNeill motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried 6-0. A. NO. 2002-332 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE ONCOR ELECTRIC DELIVERY COMPANY ("ONCOR"), AND THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF A CITY SANITARY SEWER LiNE ACROSS AN EXISTING ONCOR EASEMENT LOCATED IN THE BERRY MERCHANT SURVEY, ABSTRACT NO. 800 AND BEING LOCATED IN PART OF TWO TRACTS OF LAND DESCRIBED IN DEEDS RECORDED IN VOL. 605, PAGE 621 AND DOCUMENT NO. 2002- R0073881 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. NO. 2002-333 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY ("TMPA"), AND THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF A CITY SANITARY SEWER LiNE ACROSS AN EXISTING TMPA EASEMENT AS PART OF THE DEVELOPMENT OF LEXINGTON PARK PHASE 1 ADDITION, LOCATED WITHIN A TRACT OF LAND SITUATED IN THE B. MERCHANT SURVEY ABSTRACT NUMBER 800, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF A CALLED 37.817 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM A.L. LONG AND WIFE, ETHEL LONG TO HERSCHEL V. FORESTER RECORDED UNDER VOLUME 605 PAGE 621 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND ALSO BEING A PORTION OF A CALLED 253.926 ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM WHEELER RANCH, LTD. TO CENTEX HOMES RECORDED BY COUNTY CLERK FILE NUMBER 2002-R0073881 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. NO. 2002-334 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE DENTON HOUSING AUTHORITY TO PROVIDE FOR IMPROVEMENTS TO THE SENIOR HOUSING FACILITY AT 2501 N. BELL AVENUE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, NOT TO EXCEED $60,000; AND PROVIDING AN EFFECTIVE DATE. Approved an exaction variance of Section 35.20.2 (L.3.a.) of the Code of Ordinances concerning improvements to a perimeter street. The 98.0-acre parcel was located on the City of Denton City Council Minutes October 15, 2002 Page 4 westerly side of Stuart Road and just north of LP288. The property was currently in a NR-4, a Neighborhood Residential (4 lots to the acre) zoning district. No development currently existed. The Planning and Zoning Commission recommended approval of the variance as requested (7-0) ('F02-0019). NO. 2002-335 AN ORDINANCE BY THE CITY OF DENTON ABANDONING AND VACATING ITS GAS AND UTILITY EASEMENT RECORDED IN VOLUME 569, PAGE 681, DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. NO. 2002-336 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE ADVERTISEMENT FOR A NON-DRILLING, PAID-UP POOLING AGREEMENT FOR AN OIL AND GAS LEASE AGREEMENT FOR SOUTH LAKES PARK WITHIN THE CITY OF DENTON, TEXAS AND PROVIDING AN EFFECTIVE DATE. NO. 2002-337 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING A PERSONAL AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND LYNN CARDONA FOR CONSULTING SERVICES AND SYSTEM ASSISTANCE IN THE FINANCIAL/HUMAN RESOURCES SOFTWARE KNOWN AS JD EDWARDS; AND PROVIDING FOR AN EFFECTIVE DATE (PERSONAL AND PROFESSIONAL SERVICES AGREEMENT WITH LYNN CARDONA IN THE AMOUNT NOT TO EXCEED $89,000). NO. 2002-338 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF NOVELL PRODUCT LICENSES, THE ADDITIONAL MAINTENANCE ASSOCIATED WITH THE ADDITIONAL LICENSES, AND THE ANNUAL MAINTENANCE FOR THE CURRENTLY LICENSED PRODUCTS AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE QUALIFIED INFORMATION SERVICE VENDOR (QISV) CATALOGUE PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2903 TO SHI GOVERNMENT SOLUTIONS IN AN AMOUNT NOT TO EXCEED $115,362.88). NO. 2002-339 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN ANNUAL MAINTENANCE AGREEMENT FOR THE JD EDWARDS ONEWORLD SOFTWARE PACKAGE WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2904 TO JD EDWARDS IN THE AMOUNT OF $80,400). City of Demon City Council Minutes October 15, 2002 Page 5 NO. 2002-340 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE RENEWAL OF AT&T WIRELESS SERVICES FOR CELLULAR DIGITAL PACKET DATA (CDPD) AND FRAME RELAY SERVICES WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2905 TO AT&T WIRELESS IN AN AMOUNT NOT TO EXCEED $98,000). NO. 2002-341 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF FORT WORTH FOR THE MITIGATION OF LEAD BASED PAINT HAZARDS; AND DECLARING AN EFFECTIVE DATE. NO. 2002-342 AN ORDINANCE CREATING A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §395.058 AS A REQUIREMENT BEFORE AUTHORIZING IMPACT FEES; APPOINTING THE PLANNING AND ZONING COMMISSION'S MEMBERS AS MEMBERS OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE; PROVIDING FOR THE APPOINTMENT OF AND APPOINTING ONE ADDITIONAL AD HOC MEMBER TO THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS; PROVIDING FOR THE ADOPTION OF PROCEDURAL RULES FOR THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE TO FOLLOW IN PERFORMING OUT ITS DUTIES; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 2002-343 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF A SETTLEMENT OFFER AUTHORIZING THE CITY MANAGER, OR HIS DELEGATE, THE AUTHORITY TO EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS NECESSARY TO EFFECT AND COMPLETE THE SETTLEMENT AND DISMISSAL OF TWO LAWSUITS NOW PENDING BEFORE THE 353RD JUDICIAL DISTRICT COURT IN AND FOR TRAVIS COUNTY, TEXAS, STYLED: GN#200090 RELIANT ENERGY, INC. VS. BIG COUNTRY ELECTRIC COOPERATIVE, ET AL AND GN#200100 CITY OF SAN ANTONIO VS. BRAZOS POWER COOPERATIVE, ET AL, IN WHICH LAWSUITS THE CITY OF DENTON, TEXAS IS A PARTY DEFENDANT; AUTHORIZING SAID CITY MANAGER TO EXPEND A SUM OF MONIES, NOT TO EXCEED $37,500 IN ORDER TO OBTAIN SETTLEMENT AND DISMISSAL OF BOTH SAID LAWSUITS; AND PROVIDING AN EFFECTIVE DATE. City of Demon City Council Minutes October 15, 2002 Page 6 NO. R2002-050 A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING NECESSARY LEGISLATION AND DALLAS AREA RAPID TRANSIT (DART) POLICY CHANGES TO ALLOW EXPANSION AND EXTENSION OF DART SERVICES TO LOCAL GOVERNMENT JURISDICTIONS THROUGH LOCAL OPTION CITIZEN ELECTIONS PLEDGING PAYMENTS TO THE DART SYSTEM IN AN AMOUNT EQUIVALENT TO A ONE-CENT SALES TAX; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 2002-344 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND F1NDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 6.85 ACRE TRACT OR PARCEL OF LAND FOR ELECTRIC UTILITY PURPOSES BEING PART OF A TRACT CONVEYED TO THE HUDSON FAMILY PARTNERSHIP, LTD. BY DEED RECORDED IN COUNTY CLERK'S FILE NUMBER 95-R0080500 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, SAID PROPERTY BEING LOCATED IN J. W. HARDIN SURVEY, ABSTRACT NO. 1656, DENTON COUNTY TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF ELECTRIC UTILITY FACILITIES AND INSTALLATION; DECLARING AN EFFECTIVE DATE. (WEST ELECTRIC PROJECT) NO. 2002-345 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND F1NDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1.18 ACRE TRACT OR PARCEL OF LAND FOR ELECTRIC UTILITY PURPOSES BEING PART OF A TRACT CONVEYED TO WILLIAM F. CHESTER BY DEED RECORDED IN VOLUME 4989, PAGE 1571 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, SAID PROPERTY BEING LOCATED IN W. NElL SURVEY, ABSTRACT NO. 970, DENTON COUNTY TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF ELECTRIC UTILITY FACILITIES AND INSTALLATION; DECLARING AN EFFECTIVE DATE. (WEST ELECTRIC PROJECT) NO. R2002-051 A RESOLUTION OF THE CITY OF DENTON, TEXAS ENDORSING THE NATIONAL LEAGUE OF CITIES HOMETOWN SECURITY DAY TO EMPHASIZE City of Denton City Council Minutes October 15, 2002 Page 7 THE ESSENTIAL ROLE OF AMERICA'S CITIES IN HOMELAND DEFENSE AND THE NEED FOR A FEDERAL-LOCAL PARTNERSHIP; URGING CONGRESS TO PASS THE HOMELAND SECURITY BILL AND TO FINALIZE FUNDING FOR HOMELAND SECURITY; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 2002-346 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE EXECUTION OF A CONSENT AGREEMENT AND FINAL ORDER BY THE CITY MANAGER REGARDING THE SETTLEMENT OF A DISPUTED CLAIM, IN CASE NO. CWA-06-2002-1628 WITH THE ENVIRONMENTAL PROTECTION AGENCY; AUTHORIZING THE PAYMENT OF $46,800, IN SETTLEMENT AND COMPROMISE THEREOF; AND DECLARING AN EFFECTIVE DATE. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding amendments to Subchapter 5 of the Development Code related to the NRMU-12 and NRMU zoning districts. The Planning and Zoning Commission recommended approval (7-0 on 5 amendments and 4-3 on one amendment). (SI02-0010, NRMU-12 & NRMU Zoning Districts) Doug Powell, Director of Planning and Development, stated the following changes had been proposed to the NRMU-12 and NRMU zoning districts: NRMU-12 (1) Change limitation of"Retail Sales and Service" to L-15. (2) Change limitation of"Professional Services and Office" to L-14. (3) Require an SUP for multi-family development within 200 feet of an existing single- family house. NRMU (4) Change to allow SUP for "Quick Vehicle Servicing" & "Drive Through Facilities". (5) Change L-11 to eliminate the "take out" restriction for restaurants. (6) Allow "Attached Single Family Dwellings" at a maximum density of 12 units per acre by right. Council Member McNeill asked what would happen with a project that was underway and the owner did not want to go thru the SUP process. City Attorney Prouty stated that if a property owner had spent substantial sums of money or made substantial progress on a project it would be unfair to change the zoning at that point in time and that property could be grandfathered. The Mayor opened the public hearing. The following citizens spoke during the public hearing: Ed Wolski, 2301 Hollyhill, spoke in opposition Elise Ridenour, 2205 W. Oak, complemented the council on having a quarterly review, expressed concerns that public hearings would be eliminated City of Denton City Council Minutes October 15, 2002 Page 8 Mike Cochran, 610 W. Oak, in favor of part of it and not in favor of part of it - need to protect right of public input Mark Donaldson, 3216 Staghorn Circle, spoke in support of removing the requirement for a Specific Use Permit from single-family attached residences (Town Homes) in the NRMU zoning district Mayor Pro Tem Burroughs arrived at the meeting. The Mayor closed the public hearing. The Mayor asked for clarification on the proposed change to attached single-family dwellings in NRMU. Powell stated that the proposed change to NRMU was that attached single-family dwellings would be allowed by right at a maximum density of 12 units per acre. Council Member Phillips asked if they had to vote on all the changes at once or if they could vote on each change one at a time. Powell stated they could vote on them one at a time or all at once. The following ordinance was considered: NO. 2002-347 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE NRMU-12 AND NRMU ZONING DISTRICTS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM F1NE OF $2000.00 PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (SI02-0010) Burroughs motioned to approve Change Nos. 1, 2, 4, and 5, McNeill seconded. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion approved unanimously. Burroughs stated that he had not heard a good explanation of Change #3 but that he was ok with Change #6. McNeill motioned to approve Change #6, Burroughs seconded. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion approved unanimously. Consensus of the Council was to have staff work on Change #3 and bring it back to the Council. Fulton motioned, McNeill seconded to continue the public hearing until December 10, 2002 and have staff work on Change #3 and bring it back to the Council. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion approved unanimously. City of Denton City Council Minutes October 15, 2002 Page 9 B. The Council held a public hearing and considered adoption of an ordinance regarding an amendment to Subchapter 5 of the Development Code related to multi-family density calculations. The Planning and Zoning Commission recommended approval (7-0). (SI02-0011, Multi-family Density) Doug Powell, Director of Planning and Development, stated that for multi-family development, especially student housing, the use of density did not adequately measure the number of units or the impact. Using the number of units vs. bedrooms to calculate density in essence penalized efficiency and one-bedroom developments. He stated that the recommended change was to calculate multi-family density, in the Downtown University Core District only, on the number of bedrooms as opposed to the number of units. The result was a better relationship between the impact of a student multi-family development and stated density. 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. 2002-348 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 OF THE DENTON DEVELOPMENT CODE PERTAINING TO MULTI-FAMILY DENSITY CALCULATIONS WITHIN THE DOWNTOWN UNIVERSITY CORE DISTRICTS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM F1NE OF $2000.00 PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (SI02-0011) Burroughs motioned, McNeill seconded to approve the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion approved unanimously. C. The Council held a public hearing and considered adoption of an ordinance granting approval of a sub-surface use of a portion of Airport Open Space Park on Masch Branch Road for the purpose of a public utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a public utility easement; and providing an effective date. The Mayor opened the public hearing No one spoke during the public hearing. The Mayor closed the public hearing The following ordinance was considered: City of Denton City Council Minutes October 15, 2002 Page 10 NO. 2002-349 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF AIRPORT OPEN SPACE PARK ON MASCH BRANCH ROAD FOR THE PURPOSE OF A PUBLIC UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned to approve the ordinance, Redmon seconded. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion approved unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. New Business The following items of New Business were suggested by Council for future agendas: plan. 2. late. Council Member Redmon requested a discussion about CDBG targeted area funding and Council Member Redmon expressed concern about the U.S. mail in his district arriving B. Items from the City Manager The City Manager did not have any additional items C. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. D. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:29 p.m. EULiNEBROCK MAYOR CITY OFDENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS