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