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HomeMy WebLinkAboutJune 15, 2004 Luncheon Agenda AGENDA CITY OF DENTON CITY COUNCIL June 15, 2004 After determining that a quorum is presem, the City Council of the City of Demon, Texas will convene in a Work Session on Tuesday, June 15, 2004 at 11:30 a.m. in the Council Work Session Room, 215 E. McKinney, Denton, Texas at which the following item will be considered: Receive a report, hold a discussion and give staff direction regarding an update on the aquatic center and natatorium operations. 2. Hold a discussion and determine membership to Council Committees. Hold a discussion and give staff direction regarding Council Rules of Procedure, including but not limited to the recording of excused absences. 4. Hold a discussion and give staff direction regarding the Council annual retreat. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, Texas, on the day of , 2004 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: June 15, 2004 DEPARTMENT: ACM: Parks and Recreation Department Howard Martin, 349-8232 ~ SUBJECT Receive a report, hold a discussion and give staff direction regarding an update on the Aquatic Center and Natatorium operations. BACKGROUND The regular season for Water Works Park opened Saturday, May 29, 2004 and will continue through Labor Day weekend in September. The Parks and Recreation Department is implementing a new fee structure, and other operational changes including: allowing families to bring food and drinks into the facility, discounted evening hours on Monday, Tuesday, Thursday & Friday, and no additional charge for natatorium with Water Works Park admission. After the first full year of operation, staff is continuing to face financial challenges related to the aquatic center facility. A detailed presentation with options, recommendations and fiscal information will be provided by staff during the meeting. Respectfully submitted: Janet Simpson, Director Parks and Recreation Department AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: June 15, 2004 City Manager's Office Mike Conduff, City Manager SUBJECT Consider appointments to Council Committees. BACKGROUND Members of the City Council serve on designated standing committees to afford policy guidance and direction to the staff. The committee assignments are reviewed annually by the City Council to allow the opportunity to make adjustments if necessary. The attached information provides a brief history of each Council committee plus includes a listing of current assignments. Respectfully submitted: Jennifer Walters City Secretary CITY COUNCIL COMMITTEES AGENDA COMMITTEE Ordinance 96-085 established the Agenda Committee. The ordinance indicates that the Agenda Committee will be composed of the Mayor, one other member of the City Council selected by the Council, and the City Manager. This ordinance was amended by Ordinance 2001-204 to increase the number of Council Members on the Committee to two to be selected by the Council. Ordinance 2003-235 again amended the ordinance on August 5, 2003 to reduce the number of Council appointees to two members composed of the Mayor and the Mayor Pro Tem. AUDIT COMMITTEE The Audit Committee was started in 1992 but does not have any formal enactment document. Audit standards recommend independent representation on the committee. Current members include the Mayor (a permanent position), two council members, the Internal Auditor, the City Manager, the Assistant City Manager for Fiscal & Municipal Operations and the Assistant City Manager for Utilities. Council membership on the committee may be as many or as few as desired. INVESTMENT POLICY COMMITTEE The Investment Policy Committee was enacted by Policy #408.04. The Policy indicates that the members will consist of the City Manager, Executive Director of Finance (now the Assistant City Manager for Fiscal & Municipal Operations), the Director of Fiscal Operations, Mayor and one member of the City Council. LALOR FUND COMMITTEE Started in 1995, the Lalor Fund Committee does not have any formal enabling document. The Committee was started at the request of the then current Council to monitor the allocation and use of the hotel occupancy tax and make recommendations to the full Council to ensure that the tax is being used to promote tourism and the hotel and convention industry. The original membership resulted from council members who were interested in the issue at that time. There is no set number of Council members who can serve on this committee. COMMUNITY JUSTICE COUNCIL The Community Justice Council was established according to Article 42.131 of the Texas Code of Criminal Procedure. That Article indicates that a Justice Council has to be established as a prerequisite to establishing a community corrections facility. The Community Justice Council provides continuing policy guidance and direction for the development of criminal justice plans and community correction facilities and programs. Among the members of the Justice Council is a council member of the most populous municipality in the County that the facility will serve. LAKE RA Y ROBERTS PLANNING AND ZONING Enacted by S.B. 209, the Lake Ray Roberts Planning and Zoning consists of 3 residents of affected precincts who own land in the County appointed by the County Judge, one resident of each commissioners precinct that is affected appointed by the County Commissioner for that precincts, and the Mayor or his designee that includes any part of the lake area in the county. CONVENTION AND VISITOR BUREAU The Demon Convention & Visitor Bureau was initiated in 1976 by the Demon Chamber of Commerce to promote evems and attractions, provide hospitality education, and ensure a positive experience to Demon visitors. It operates via an agreemem between the City of Demon and the Demon Chamber of Commerce. The Bureau consists of an Advisory Board that makes recommendations to the Chamber of Commerce Board of Directors. This Board includes Chamber members, community volumeers, and a city council represemative. ENVIRONMENTAL COMMITTEE There is no official document enacting the Environmemal Committee. The Committee was started in 1998 at the request of two Council members who were imerested in tracking water and air quality issues as well as environmemally sensitive areas. No specific number of members has been set for this committee. DALLAS REGIONAL MOBILITY COALITION In, 1997, the City of Demon emered imo an imerlocal agreemem with the Dallas Regional Mobility Coalition for the purpose of examining all issues related to and recommending transportation improvements and other related actions for the portion of the Dallas Metropolitan Area served by District 18 of the Texas Department of Transportation. The Executive Committee administers and governs the affairs of the Coalition. It consists of seven members, one each from the cities of Carrollton, Garland, Grand Prairie, Irving, Mesquite, Plano and Richardson being either the Mayor or another elected official designated by the City Council; four members, designated by the Mayor of Dallas, being either two or three elected officials from the City of Dallas and one or two community leaders who are non-elected officials; four members, one each from Collin, Dallas, Demon, and Ellis County, being either the County Judge or another elected official designated by the County Judge; elected officials from those cities not represented in either of the first two categories; one community leader (non-elected official) appoimed by the Dallas County Judge; four ex-officio members being the Texas Department of Transportation District 18 District Engineer, the Executive Director of the Texas Turnpike Authority, the Executive Director of the Dallas Area Rapid Transit Authority, the Staff Director of the Regional Transportation Council; and one business leader (non-elected official) appoimed annually by the Legislative Coalition of the Dallas Area Chambers of Commerce. Based on Demon's population, one Executive Committee seat is available to be filled by the Mayor or another elected official. Mayor Brock has asked Council Member Burroughs to be the City's designee to the Coalition. REGIONAL TRANSPOR TA TION CO UNCIL Since 1974, the North Cemral Texas Council of Govemmems has served as the Metropolitan Planning Organization (MPa) for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council (RTC) is the policy body for the MPa. The RTC consists of 37 members, predominamly locally elected officials, overseeing the regional transportation planning process and project selection. The City of Demon has one representative on the RTC. COUNCIL MOBILITY COMMITTEE There is no official documem enacting the Council Mobility Committee. The Committee was started in 2001 at the request of the Mayor. No specific number of members has been set for this committee. CITY COUNCIL COMMITTEES 2003-04 AUDIT COMMITTEE Mayor Brock Council Member Kamp CONVENTION & VISITORS BUREAU Council Member Kamp Council Member Montgomery REVIEW COMMITTEE iXd U°~t ~i~ ~mb~ M~ntg~ COUNCIL MOBILITY COMMITTEE Mayor Brock VACANT (Buxoughs) Council Member McNeill Council Member Montgome~ COALIilON ETHICS COMMITTEE (Ad Hoc) Mayor Brock Council Member Kamp Council Member Thomson ENVIRONMENTAL COMMIttEE INVESTMENT POLICY COMMITTEE Mayor Brock Council Member Thomson LAee Ua~ ma~R!S ~ ~ Z C~gil Memb~ M~ntg0~e~y LALOR FUND COMMITTEE Mayor Brock Council Member Kamp Council Member Montgome~ Council Member Redmon T~E COMMITTEE (Ad Hoc) VACANT (Buxoughs) Council Member McNeill Council Member Montgomew S:\Boards & Comm\Council Committees.doc AGENDA INFORMATION SHEET AGENDA DATE: June 15, 2004 (Work Session Agenda) DEPARTMENT: Legal CM/DCM/ACM: Herbert L. Prouty, City Attorney SUBJECT: Receive a report, hold a discussion and give staff direction on the adoption of an ordinance amending Ordinance No. 2001-193 and Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas, and all amending ordinances and repealing and consolidating ordinances 2001-204, 2002-018, 2003-235, 2003- 373, 2004-014 and 2004-033; providing for recording of attendance at council meetings and setting work session times. BACKGROUND: Council Member Thomson has requested that the Rules be amended to provide a process for recording council members as either present, absent, or with an excused absence at council meetings. Rule 2.3 of your Rules of Procedure currently states that no council member shall be excused from attendance at a meeting except for good and valid reasons. There is no process currently for recording absences or for defining excused absences. The City Secretary has also requested that we consolidate all amendments to the Rules of Procedure. The last time the Rules of Procedure were consolidated was in May of 2001. Since that time there have been six amendments to the Rules of Procedure. Consolidating these amendments into one ordinance would facilitate your use of the Rules. The proposed Ordinance would consolidate all amendments to the Rules into one document. It also requires the City Secretary to record, in the minutes for each meeting, each member of the Council as either present, absent, or with an excused absence. Excused absence is defined to include a broad variety of matters including personal or family illness, jury service and testifying before the legislature. It will be the duty of each council member to report to the City Secretary the reasons for being absent from a meeting. The Ordinance also makes a minor change to Section 2.4 "Misconduct" due to your adoption of an Ethics Policy. The change merely indicates that any punishment that the Council may give for misconduct will be consistent with any adopted Ethics Policy. Finally, the Ordinance changes the times of workshop meetings in Section 4.3 of the Rules to make it consistent with current practice. It also allows the agenda committee to adjust the times of workshop meetings to provide for more flexible scheduling. PRIOR ACTION/REVIEW: The definition of unexcused absence is taken from Section 2- 83(c) of the City Code which was adopted in February of 1999 due to a Council concern with excessive absences of some board and commission members. The proposed Ordinance adopts this definition. Agenda Information Sheet June 15, 2004 Page 2 OPTIONS: Enact the Ordinance consolidating previous amendments to the Rules of Procedure and establishing a method for recording absences. 2. Council can pass the Ordinance with changes from the current language. 3. Council can refuse to adopt the Ordinance. RECOMMENDATION: Staff recommends Council adopt the Ordinance consolidating the various amendments to the Rules into one document. This will facilitate easy reference to the Rules and provide a process for accurately recording council members attendance at Council meetings. Since Section 2.14 of the Rules require that any amendment to the Rules must be discussed at a prior meeting of the Council before being finally adopted, if you recommend approval of this Ordinance it will be placed on your July 20, 2004 agenda for consideration and adoption. FISCAL IMPACT: This Ordinance has no fiscal impact. Respectfully submitted: Herbert L. Prouty City Attorney ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2001-193 AND SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND ALL AMENDING ORDINANCES AND REPEALING AND CONSOLIDATING ORDINANCES 2001-204, 2002-018, 2003-235, 2003-373, 2004-014 and 2004-033 PROVIDING FOR RECORDING OF ATTENDANCE AT COUNCIL MEETINGS AND SETTING WORK SESSION TIMES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and establish rules of procedure to govem and conduct meetings, order of business, and decorum, while acting as a legislative body representing said City; and WHEREAS, because of its desire to more effectively and efficiently serve the public through the medium of public meetings, it has become necessary to amend and consolidate all amendments of the City Council Rules of Procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SF, CTION 1 That Ordinance Numbers 2001-193, 2001-204, 2002-018, 2003-235, 2003- 373, 2004-014 and 2004-033 and Section 2-29 of the City Code are hereby amended and consolidated into one Ordinance known as the Denton City Council Rules of Procedure to read as follows: 1. (2-29(a)) AIITHORIT¥ 1.1 (1) Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City Council of the City of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. 2. (2-29(b)) GF~NF~RAI~ RIII~F.S 2.1 (1) Meetings to be Public: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T. CODE ANN. (Vernons Annotated Texas Civil Statutes 2003 (Vernons), as amended, shall be open to the public. PAGE 1 2.2 (2) Quorum: Four members of the Council shall constitute a quorum for the transaction of business. (Charter, Section 2.06) 2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council meeting except for good and compelling reasons including personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, absence necessary for the member's business or employment, and any related emergencies or other matters which the City Council finds qualify as an excused absence. It will be the duty of the Council Member claiming an excused absence to notify the City Secretary prior to the meeting at which he or she is going to be absent or within seven days after the meeting of the reasons for the absence. The City Secretary will record each Council Member as being present, absent or with an excused absence as a part of the minutes prepared for each Council meeting. 2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent with any Ethics Policy adopted by the Council. 2.5 (5) Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared for all closed meetings and shall be approved by the Mayor in accordance with Chapter 552, TEX. GOV'T. CODE ANN. (Vemons 2003), as amended. 2.6 (6) Questions to Contain One Su~ect: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Councilmember. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 (7) Right of Floor: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 (8) City Manager: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the fight to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d)) 2.9 (9) City Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's PAGE 2 parliamentarian. 2.10 (10) Ci~ Secretary.: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.11 (11) Officers and Employees: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.12 (12) l~ules of Order: These rules govern the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised shall govern. 2.13 (13) Suspension of l~ules: Any provision of these rules not governed by the City Charter or Code may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and entered into the minutes of the Council. 2.14 (14) Amendment of Rules: These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3. (2-29(c)) CODE OF CONDUCT 3.1 (1) Councilmembers: a. During Council meetings, Councilmembers shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. b. A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a Councilmember is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 (2) Administrmive Staff: a. Members of the Administrative staff and employees of the City shall observe the same rules or procedure and decorum applicable to members of the Council, and shall have no PAGE 3 voice unless and until recognized by the Chaff. b. While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under his or her direction and control. c. The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. d. All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. e. No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer. 3.3 (3) Citizens: Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room. All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the Council is in session. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted. Placards, banners, or signs will not be permitted in the City Council Chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. Audience members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting. f. Only City Council members and City staff may step on to the dais. g. All people wishing to address the City Council shall first be recognized by the PAGE 4 presiding officer and shall limit their remarks to the matter under discussion. All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members. Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so. People addressing the City Council shall not be permitted to approach the dais. If they wish to hand out papers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out the materials. When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speaking to cease. A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the City Council Chambers or of any other room in which the City Council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time (several minutes) from the entranceway to the City Council Chambers using hand- held cameras only. Any radio station, which broadcasts the regular City Council meetings live may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. There will be a uniformed City of Denton police officer present at all regular meetings of the City Council. This police officer shall act in the capacity of a security officer/sergeant-at-arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Council or who otherwise violates any of the above-mentioned rules while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require the offending person's removal, and the affirmative vote of a majority of the City Council shall require the presiding officer to act. The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the PAGE 5 meeting. 3.4 (4) Enforcement: The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. 3.5 (5) Seating Arrangement: The City Secretary, City Manager and City Attorney shall occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats. 4. (2-29(d)) TYPES OF MF. ETINGS 4.1 (1) Regular Meetings: The Council shall meet at 6:30 p.m. on the first and third Tuesday of each month, with executive sessions (closed meetings) of the Council commencing at 5:30 p.m., or at any other time set by the Council, unless the meeting is postponed or cancelled for valid reasons. All regular meetings of the Council will be held in the Municipal Building at 215 East McKinney Street, Denton, Texas or at such other location as the City Council may, by motion, resolution or ordinance from time to time designate. 4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, TEX. GOV'T. CODE ANN. § 551.001, et seq. (Vemons 2003, as amended). The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than the Municipal Building as long as the location is open to the public. 4.3 (3) Workshop Meetings: Workshop meetings or work sessions may be held from 4:00 p.m. to 5:15 p.m. on the first and third Tuesday of each month, or at such other times the Agenda Committee may designate, to discuss near to mid range issues. Workshop meetings or work sessions may be held from 5:15 p.m. to 6:30 p.m. or at such other times as the agenda committee may designate, on the first and third Tuesday of each month, to answer Council questions concerning consent agenda items. Workshop or Work Sessions may be held from 4:00 p.m. to 6:30 p.m. or at such other times as the agenda committee may designate, on the second Tuesday of each month to discuss mid to long-range issues. Workshops or Work Sessions may be called using the same procedure required for special meetings as provided for in Section 4.2(2) above. The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City Boards, Commission, or Committee Members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally, no final action shall be taken unless the posted agenda indicates otherwise. Citizens or other interested persons attending the work session will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be PAGE 6 taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 (4) Emergency Meetngs: In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. 4.5 (5) Closed Meetings: The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vernons 2003), as amended. 4.6 (6) l~ecessed Meetngs: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 4.7 (7) Notce of Meetngs: The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vernons 2003, as amended.) 5. (2-29(e)) PRESIDING OFFICER AND DUTIES 5.1 (1) Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro- Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of both the Mayor and Mayor Pro-Tem, the Council shall elect a temporary presiding officer. (Charter, Section 2.03) 5.2 (2) Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. 5.3 (3) Preservmion of Order: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein. 5.4 (4) Points of Order: The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, PAGE 7 "Shall the decision of the presiding officer be sustained?". If a majority of the members present vote "No", the ruling of the chair is overruled; otherwise, it is sustained. 5.5 (5) Questions to be Stated: The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 (6) Substitution for Presiding Officer: The presiding officer may call any other member to take his or her place in the chaff, such substitution not to continue beyond adjournment. 5.7 (7) Call for Recess: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. ORDER OF BUSINESS (Section 2-29 (f) 6.1 (1) Agenda: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, the Mayor Pro Tem, and the City Manager. When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Council Member has an "emergency" item that the Council Member believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee. Conduct of business at special meetings and Council Committees and subcommittees will likewise be governed by an agenda and these Rules of Procedure. 6.2 (2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with article 6139 (b) of Vemons Annotated Texas Civil Statutes. 6.3 (3) Presentations by Members of Council: The agenda shall provide a time when the Mayor or any Councilmember may bring before the Council any business that he or she feels should be deliberated upon by the Council at a future Council meeting. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or city staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. PAGE 8 6.4 (4) Presentmion by Citizens: a. Citizen Reports: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such citizen reports shall be provided on the agenda after the pledge of allegiance, approval of the minutes, and the presentation of proclamations. Any speaker providing a citizen report shall speak for no longer than five (5) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No citizen may fill out a "request to speak" form or have an opportunity to speak or comment on another citizen's report which is given at the same Council meeting. b. Speaking on Regular and Consent Agenda Items: Any person who wishes to address the Council regarding a non-public hearing item that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. Any person wishing to address the Council on a public hearing item should complete a request to speak form and return it to the City Secretary. The Mayor will call upon the citizen to speak for no longer than three minutes as that particular agenda item is considered by the City Council except that persons giving citizen reports and applicants and their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated in paragraph 6.5 (5) "Time l,imit~," The provisions of this paragraph do not apply to workshop meetings, and a citizen's fight to speak and provide input at these meetings shall be limited and controlled by subsection 4.3 (2-29(d)(3)) "Workshop Meetings". c. Any person who wishes to address the Council at a public hearing should complete a "request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the citizen to speak for no longer than three (3) minutes or five (5) minutes for applicants and their agents in accordance with paragraph 6.5(5) "Time !,imits." d. Any group or organization comprised of ten or more members present in the City Council Chambers who wishes to address the Council at a public hearing on a non-public hearing agenda item shall designate a representative to address the City Council and shall limit their remarks to ten (10) minutes or less. 6.5 (5) Time Limits: Speakers before the Council shall limit their remarks to three (3) or less minutes or less for public heating items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Citizens reports shall be limited to five (5) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the parameters established in paragraph 6.4d(4). At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension PAGE 9 of time to speak. 6.6 (6) Oral Presentations by City Manager: Matters requiring the Council's attention or action which may have developed after the deadline for delivery of the written communication to the Council may be presented orally by the City Manager. If formal Council action on a subject is required, such action may be taken only if the provisions of the Texas Open Meetings Act have been satisfied. 6.7 (7) Presentation of Proclamations: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. 7. CONSIDERATION OF ORDINANCES. RESOLUTIONS. AND MOTIONS (2-29(g)) 7.1 (l) Printed or T~vpewritten Form: All ordinances and resolutions shall be presented to the Council in printed or typewritten form. The Council may, by proper motion, amend any ordinance or resolution presented to it and direct that the amended ordinance be placed on the next Council Agenda for adoption. 7.2 (2) City Attorney to Approve: All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, Section 6.02). 7.3 (3) Distribution of Ordinances and Resolutions: The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. 7.4 (4) Recording of Votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06 (b)). 7.5 (5) Majority Vote Reo)fired: An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter or by the laws of the State of Texas. (Charter, Section 2.06). 7.5.1(a) Tie-Vote: Matters voted on by the City Council which end in a tie-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present. 7.6 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for PAGE 10 yeas and nays upon any question before the Council, with the exception of those circumstances set forth in Section 7 12~ The Previous Question. It shall not be in order for members to explain their vote during the roll call. 7.7 (7) Personal Privilege: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned. 7.8 (8) Dissents and Protests: Any member shall have the fight to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefore entered upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7.9 (9) Voting Required: No member shall be excused from voting except for lack of information and except on matters involving the consideration of his or her own official conduct, or where his or her personal interests are involved in accordance with Chapter 171, TEX. GOV'T. CODE ANN. (Vemons 2003), and in these instances he or she shall abstain. Any member prohibited from voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting room. The member having briefly stated the reason for his or her request, the excuse from voting shall be made without debate. 7.10 (10)Order of Precedence of Motions: a. The following motions shall have priority in the order indicated: 1. Adjourn (when unqualified) and is not debatable and may not be amended; 2. Take a recess (when privileged); 3. Raise a question of privilege; 4. Lay on the table; 5. Previous question (2/3 vote required); 6. Limit or extend limits of debate (2/3 vote required); 7. Postpone to a certain time; 8. Commit or refer; PAGE 11 9. Amend; 10. Postpone indefinitely; 11. Main Motion. b. The first two motions are not always privileged. To adjourn shall lose its privilege character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. c. A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; 2. When made as an interruption of a member while speaking; 3. While a vote is being taken. d. Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is undebatable. 7.11 (11) Reconsideration: A motion to reconsider any action of the Council can be made not later than the next succeeding official meeting of the Council. Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any Councilmember who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof. A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure. 7.12 (12) The Previous Question: When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?". There shall then be no further amendment or debate; except that nothing herein shall allow the previous o~]esfion to be called prior to a least one opporn]nity, for each member of the Council to speak on the o~]esfion before the Council. Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of 2/3 of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving "That debate now cease, and the Council PAGE 12 shall immediately proceed to vote on the pending motion". In practice, this is done with the phrase "Call for the question", or simply saying "Question". 7.13 (13) Withdrawal of Motions: A motion may be withdrawn, or modified, by its movant without asking permission until the motion has been stated by the Presiding Officer. If the movant modifies his or her motion, the seconding councilmember may withdraw his or her second. After the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 (14) Appropriations of Money: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation. In addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the availability of funds and his or her recommendations as to the desirability of the appropriation. 7.15 (15) Transfer of Appropriations: At the request of the City Manager, at anytime during the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or eamings of any non-tax supported public utility to any other purpose. 8. CREATION OF COMMITTEES.. BOARDS AND COMMISSIONS (2-29(h)) 8.1 (1) Council Committees: The Council may, as the need arises, authorize the appointment of the "ad hoc" Council committees. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. 8.2 (2) Citizen Floards~ Commissions~ and Committees: The Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City govemment with such duties as the Council may specify not inconsistent with the City Charter or Code. Memberships and selection of members shall be as provided by the Council if not specified by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority of the vote of the Council. No Committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. 8.3 (3) Appointments: a. Individual City Councilmembers making nominations for members to citizen boards and PAGE 13 commissions will consider interested persons on a citywide basis. b. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Councilmembers will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. d. In an effort to ensure maximum citizen participation, City Councilmembers will continue the general practice of nominating new citizens to replace board members who have served three consecutive, full terms on the same board. e. Each City Councilmember will be responsible for making nominations for board and commission places assigned to him or her, which may correspond to the City Councilmember's place. Individual City Councilmembers will make nominations to the full City Council for the governing body's approval or disapproval. 8.4 (4) Rules of Procedure: Board and Commission members shall comply with the provisions of Article IH of Chapter 2 of the Code of Ordinances. Each Board shall be provided a copy of these rules of procedure and each advisory board shall adopt rules of procedure governing the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible. 9. VOTES REQUIRED (2-20 (i)) Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1 (1) Charter and State Statutory Rea2firements: a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments must be adopted by a two-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vernons 2003.) For a seven member Council, this means five members must vote affirmatively. b. l,evyfi'ng Taxes - Five Votes: Ordinances providing for the assessment and collection of certain taxes require the approval of two-thirds of the members of the Council (Section 302.101, Texas Tax Code) (Vernons, 2003) c. Changing Paving Assessment Plans - Five Votes: Changes in plans for paving assessment require a two-thirds vote of the Council. (Section 313.053(e) Transportation Code, PAGE 14 Vernons 2003.) d. Changes in Zoning Ordinance or Zoning Classifications: In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty (20%) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council; six (6) votes of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied. e. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the City's Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members of the City Council. (Section 312.002(c)) Texas Tax Code (Vernons 2003.) 10. SEVERABILITV CLAUSE (2-29(j)) That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. ~ That Ordinances 2001-204, 2002-018, 2003-235, 2003-373, 2004-014 and 2004-033 are hereby repealed. SECTION 3_ That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __ day of _, 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 15 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 16 AGENDA INFORMATION SHEET AGENDA DATE: June 15, 2004 DEPARTMENT: City Manager's Office CM/DCM/ACM: Michael A. Conduff, City Manager SUBJECT: Hold a discussion and give staff direction regarding the Council annual retreat. BACKGROUND: The Council meets for a full day or more at least annually to discuss strategic issues and to set priorities for the upcoming year. The annual retreat meeting is usually held offsite to allow Council discussion to occur in a more relaxed atmosphere with limited interruption. While the meeting is held offsite, the Council has chosen to stay in Denton County so that participants can return to Denton quickly if necessary and to keep costs at a minimum. For the last two year's, the Council has had a one-day annual retreat held in the clubhouse at Robson Ranch. RECOMMENDATIONS: The recommendation is to hold a one and half day retreat at the Lantana Lodge located on Lake Ray Roberts. FISCAL INFORMATION: Costs associated with the retreat were approved in the FY 03/04 City Manager's Office budget. Respectfully submitted: Betty Williams Director of Management & Public