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Minutes June 15, 2004CITY OF DENTON CITY COUNCIL M1NUTES June 15, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 15, 2004 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Council Member Redmon. 1. The Council received a report, held a discussion and gave staff direction regarding way- finding signs. Linda Ratliff, Director of Economic Development, provided the Council with an update on wayfinding signs. The project started in 1994-95 with the Vision for Denton. Money for the project was set aside in the CIP for 5 entranceway signs. The cost of those signs was restrictive and the project was not done. The Raise-the-Bar Campaign also indicated that wayfinding signs were needed in the city. The Downtown Master Plan identified wayfinding signs as a priority. The Economic Development Partnership Board recommended generic wayfinding signs starting on city streets with city right-of way. Facilities to be identified included city facilities, county facilities, the Chamber, historic/museum sites, the Visual Arts Center and public parking. Locations were identified for placement of the signs. Staff was requesting direction from Council on whether to proceed with the recommended wayfinding plan, create a new design for the signs or wait until the Image and Marketing Campaign was completed. Council discussion included: · Cost of generic signs. · Downtown area had the greatest need for wayfinding signs. · With generic signs, an appropriate logo could be added once it was selected. · The need to coordinate with TxDot for placement of signs on their right-of-way. Council Member Redmon arrived at the meeting. Consensus of the Council was to proceed with the staff recommendation to begin with the generic signs. 2. Council discussed the nomination process for the City's Boards and Commissions. Jennifer Walters, City Secretary, presented information to the Council on the upcoming board and commission nomination process. She asked Council to submit nominations for consideration during the Council break. Consideration of the nominations was scheduled for the July 20th meeting with the reception tentatively scheduled for August 3rd. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of June 15, 2004. City of Denton City Council Minutes June 15, 2004 Page 2 Following the completion of the Work Session, the Council convened into a Closed Session to consider the following: 1. Closed Meeting: Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Considered and discussed with City's attorneys the issues, valuation, potential settlement, and status of litigation styled Robert Ortegren and Eva Marie Hennicke, Individually and as Next Friends of Ariana N. Ortegren, a Minor Child, and on Behalf of the Statutory Beneficiaries of Robert T. Ortegren, Deceased, Cause No. 2002-30205-211, currently pending in the 21 lth District Court, Denton County, Texas. Considered and discussed with City's attorneys the issues, valuation, potential settlement, and status of litigation styled Patrick Robinson v. City of Denton, Denton County, Donaciano Camargo & Kansas City Southern Railway Co., Cause No. 2003-60130-393, currently pending in the 21 lth District Court, Denton County, 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 an approximate 0.593 acre public utility easement and an approximate 0.870 acre temporary construction easement both being located in the M.E.P. & P. R.R. Survey, Abstract No. 927 in the City and County of Denton, Texas, east side of State Highway Loop 288, south of the 7-11 Loop 288 Addition, north of Pecan Creek; which acquisition is for a public purpose. Receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interests. (Loop 288 Utility Relocation Project) Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Discussed and considered legal issues concerning Charter Communications d/b/a Marcus Cable Associates, L.L.C, ("Charter") concerning the settlement of the Notice to Charter of Customer Service Violations and assessment of Liquidated Damages where to discuss these legal issues concerning the above stated matters with the attorneys 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 and would jeopardize the City's position in administrative proceedings or in potential litigation. City of Denton City Council Minutes June 15, 2004 Page 3 Regular Meeting of the City of Denton City Council on Tuesday, June 15, 2004 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 A. Proclamations/Awards There were no proclamation/awards for this meeting. B. June Yard-of-the-Month Awards Mayor Brock presented Yard of the Month Awards to: Joe and Linda Davis Nancy Lowrey Harry and Charlie Marie Goss John and Jan Vann Ross and Carol Phillips Water Smart Yard-Dr. Annetta Ramsay Business - Bayless-Selby House Museum C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: 1. Willie Hudspeth regarding minority hiring and the tree ordinance. Mr. Hudspeth again addressed his comments relative to there being no African American fire fighters. He felt he should not have to pay his taxes, as he was not represented in the fire department. 2. Bob Clifton regarding apartment development at TWU. Mr. Clifton presented information relative to TWU building apartments on Locust Street. He reviewed the history of the development of TWU. Problems associated with the development included parking, the removal of a nature habitat and the closing of the RedBud Theater. He asked Council to delay providing utilities to the University until it complied with city regulations. City of Denton City Council Minutes June 15, 2004 Page 4 A representative of the 'Neighbors of TWU' regarding apartment development at TWU. No one was present at the meeting. Pam Brewer regarding amending the City ordinance pertaining to animal control in areas zoned industrial. Ms. Brewer stated that her home was zoned in an industrial area and the large undeveloped area was used primarily for the pasturing of animals. She recently learned that her daughter was not able to keep her FAA animals on their property due to city regulations. She asked for an amendment to the city's regulations in order that her daughter could keep her FAA animal projects on their property. Dessie Goodson regarding responsibility and "the shoe is on the other foot". Ms. Goodson complained about being harassed by the Police Department. The City needed to take responsibility for its actions. 4. CONSENT AGENDA Montgomery motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of May 4, May 11, May 18, and May 25, 2004. 2004-163 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Wood Utility Poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3158 - Wood Utility Poles awarded to the lowest responsible bidder for each item in the estimated amount of $210,000). 2004-164 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Corrugated Metal Pipe for the Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3171 - Annual Contract for Corrugated Metal Pipe awarded to Contech Construction Products, Inc. in the estimated amount of $40,000). 2004-165 - An ordinance accepting competitive bids and awarding a public works contract for Wet, Dry, and Auger Boring services for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3156 - Wet, Dry, and Auger Boring awarded to C&C Directional Boring in the estimated amount of $250,000). City of Denton City Council Minutes June 15, 2004 Page 5 2004-166 - An ordinance accepting competitive bids and awarding a contract for the purchase of a loader backhoe with extendable dipper boom for the Electric Distribution Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3174 - Loader Backhoe with Extendable Dipper Boom awarded to Continental Equipment Company L.P. in the amount of $60,150). 2004-167 - An ordinance of the City of Denton, Texas, granting, pursuant to Section 20-1(e)(1) b of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to sound levels and hours of operations for an outdoor music festival; and providing an effective date. (North Texas State Fair Association Three Year Agreement) Approved a request for an exception to the Noise Ordinance for the purpose of the Apollo Nights Series on Sunday, June 20th, Sunday, June 27th, Sunday, July 4th, July 11th, July 18th, and July 25th at Fred Moore Park, from 6:00 p.m. to 10:00 p.m. The requestor specifically asked for an exception to all dates to allow live music on Sunday. 2004-168 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with R. W. Beck, Incorporated, Austin, Texas, for consulting services pertaining to the Preparation of a Solid Waste Cost of Service Analysis and Rate Design; authorizing the expenditure of funds therefor; and providing an effective date. 2004-169 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute Amendment No. 1 to an agreement (Contract No. 18- 3XXH7002, CSJ: 0135-10-023) with TxDOT, in the amount of $202,443.94, for the "furnishing and installing of traffic signal equipment by a municipality" as it relates to various traffic control signal components for the construction of US 380/University Dr. between Elm St. and Loop 288. 2004-170 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.593 acre public utility easement and an approximate 0.870 acre temporary construction easement both of which are out of a parcel or tract of land described in that certain deed to Dana J. Beavers as recorded in Volume 3373, Page 10 of the Real Property Records of Denton County, being located in the M.E.P. & P.R.R. Survey, Abstract No. 927 in Denton County, Texas and being part of a tract or parcel of land owned by Dana J. Beavers, authorizing the City Manager or his designee to make an offer to purchase the easements for their 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; authorizing the City Attorney to institute legal action to obtain a court order to enter upon the subject property to perform a survey; and declaring an effective date. City of Denton City Council Minutes June 15, 2004 Page 6 R2004-032 - A resolution of the City of Denton, Texas, approving the 2005 Budget of the Denton Central Appraisal District; and declaring an effective date. 2004-171 - An ordinance authorizing the advertisement for bids for the sub- surface mineral interest of the City of Denton Water/Reclamation Landfill site approximately 978 acres of and for an Oil and Gas lease; and providing an effective date. 5. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 3.6 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 3 (NR-3) zoning district with an overlay district. The overlay district will restrict the number of lots to 8, reduce side yard setback to 4 feet, convert lot coverage to 60%, and landscape coverage to 40%. The proposed site was generally located on the southeast corner of Santa Monica Drive and E1 Paseo. The Planning and Zoning Commission recommended approval (5-1). (Z04-0018, Shadowbrook Villas') Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. There was 5.3% opposition to the case. Only two residents attended a neighborhood meeting. This was a good example of an infill project. Per the request of the developer, the property would be limited to 8 units when 12 could be developed. The Mayor opened the public hearing. The following individual spoke during the public hearing: Jim Strange, 3613 Falcon Court, Denton, 76210 - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-172 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT, FOR APPROXIMATELY 3.6 ACRES OF LAND LOCATED GENERALLY ON THE SOUTHEAST CORNER OF SANTA MONICA DRIVE AND EL PASEO AND LEGALLY DESCRIBED AS TRACT 9 OF THE A. GIBSON SURVEY IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT REGULATIONS THAN WOULD BE NORMALLY PERMITTED IN THE NR-3 DISTRICT, INCLUDING THE REDUCTION OF THE NUMBER OF PERMITTED RESIDENTIAL LOTS, REDUCTION OF REQUIRED SIDE YARD SETBACKS, THE INCREASING OF PERMITTED LOT COVERAGE, AND THE REDUCTION OF REQUIRED LANDSCAPE COVERAGE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0018) City of Denton City Council Minutes June 15, 2004 Page 7 McNeill motioned, Thomson seconded to adopt the ordinance with the noted restrictions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 13.07 acres, consisting of approximately 1.27 acres from a Employment Center Commercial (EC-C) zoning district to a Neighborhood Residential 6 (NR-6) zoning district; approximately 0.82 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Employment Center Commercial (EC-C) zoning district; approximately 4.5 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 4 (NR-4) zoning district; and approximately 6.4 acres from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 6 (NR-6) zoning district. The property was located approximately 450 feet north of Bent Creek Drive, approximately 100 feet east of Fort Worth Drive, on the west side Country Club Road. The Planning and Zoning Commission recommended approval (4-0). (Z04-0016, Central Village Estates) Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. She stated that the Council had already approved the comprehensive plan amendment in May. The changes were being made in order to make the boundaries more even. The developer and neighborhoods had worked together on the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Vicki Oppenheim, representing the petitioner, spoke in favor. Steve Ehrlich, Central Builders, spoke in favor. A Comment Card was received from Walt Parker in favor of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-173 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF APPROXIMATELY 13.07 ACRES, CONSISTING OF 1.27 ACRES FROM AN EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT; APPROXIMATELY 0.82 ACRES FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO AN EMPLOYMENT CENTER COMMERCIAL (EC- C) ZONING DISTRICT; APPROXIMATELY 4.5 ACRES FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT; AND APPROXIMATELY 6.4 ACRES FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR- 2) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT. THE PROPERTY IS LOCATED APPROXIMATELY 450 FEET NORTH OF BENT CREEK DRIVE, APPROXIMATELY 100 FEET EAST OF FORT WORTH City of Denton City Council Minutes June 15, 2004 Page 8 DRIVE, ON THE WEST SIDE COUNTRY CLUB ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND EFFECTIVE DATE. (Z04-0016) Thomson motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance amending the Denton City Code by adding Article VII, entitled "Storm Water and Detention Facility Improvements"; regulating the construction of storm water drain lines, channels and detention facilities; providing for pro rata charges; providing a method of reimbursement to the developer or to the City by pro rata payments; establishing administrative fees; providing a method of enforcing payment of pro rata charges; renumbering Article VII to Article VIII Uniform regulations to govern the use and occupancy of public rights-of-way by providers of electric service in the city; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; providing a severability clause, providing a penalty not to exceed $2000 for each day of violation hereof; and providing an effective date. Charles Fiedler, Director of Engineering, stated that Council had discussed this ordinance several weeks ago in a work session. The proposed ordinance included an implementation fee of $5000 or one percent of the oversizing costs, whichever was greater. The per transaction fee had been omitted from the ordinance. The indemnity clause had also been amended per prior council discussion. Council discussion included: · The proposal raised the initial out of pocket costs for the first developer from the prior proposal. · The proposed ordinance could be used as an economic development tool for the city. · Denton would be one of a few cities in Texas that would offer such a program. · A suggestion of dividing the fee into two portions rather than the initial outlay of the full fee. Melissa Lindelow, 1717 Main Street, #2800, Dallas, 75201, submitted a speaker card for the item. She felt the fee was too high and needed to be closer to what was generating the staff time for administration of the ordinance. She suggested a split payment option; a fee based on 1% of the oversize improvements or $5000 whichever was less; or a fee based on the number of fees existing at time, not to exceed $5000. The following ordinance was considered: NO. 2004-174 AN ORDINANCE AMENDING THE DENTON CITY CODE BY ADDING ARTICLE VII, ENTITLED "STORM WATER AND DETENTION FACILITY City of Denton City Council Minutes June 15, 2004 Page 9 IMPROVEMENTS"; REGULATING THE CONSTRUCTION OF STORM WATER DRAIN LINES, CHANNELS AND DETENTION FACILITIES; PROVIDING FOR PRO RATA CHARGES; PROVIDING A METHOD OF REIMBURSEMENT TO THE DEVELOPER OR TO THE CITY BY PRO RATA PAYMENTS; ESTABLISHING ADMINISTRATIVE FEES; PROVIDING A METHOD OF ENFORCING PAYMENT OF PRO RATA CHARGES; RENUMBERING ARTICLE VII TO ARTICLE VIII UNIFORM REGULATIONS TO GOVERN THE USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF ELECTRIC SERVICE IN THE CITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY NOT TO EXCEED $2000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Mulroy seconded to adopt the ordinance with an amendment to allow for a split payment of the $5000 fees into two increments and to take out the 1% amount. Staff would look at the cost and re-evaluate the ordinance in one year. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered an exaction variance of Section 35.19.4 (A)(5) of the Code of Ordinances concerning Drainage Standards. The 9.071-acre parcel was located on the North side of Wind River Lane just east of the Wind River Subdivision. A multi-screen movie theatre was proposed. The Planning & Zoning Commission recommended denial (4-2). (F04- 0001 Cinemark Addition Drainage Variance) McNeill motioned, Montgomery seconded to table the item until the July 20th council meeting. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of five refuse trucks for the Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3173 - Refuse Trucks awarded to the lowest responsible bidder for each item in the total amount of $651,575). Tom Shaw, Purchasing Agent, stated that this bid was for the replacement of five refuse trucks. The lowest bid had been received from Peterbilt. The following ordinance was considered: NO. 2004-175 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIVE REFUSE TRUCKS FOR THE SOLID WASTE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3173 - REFUSE TRUCKS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE TOTAL AMOUNT OF $651,575). City of Denton City Council Minutes June 15, 2004 Page 10 Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered approval of a resolution adopting the 2004 Lake Forest Park Master Plan of the City of Denton; and providing an effective date. Bob Tickner, Superintendent of Parks Planning, presented a layout of the Lake Forest Park Master Plan. A public meeting had been held in February regarding the proposed park. The proposal included the construction of an entry road on the east side of the property, parking lots in mid section of the proposal, neighborhood type playground, and the south portion would have a dog park. There would be hard surface trails all around the lake with an athletic practice field, tennis courts and multipurpose courts. This park would be designated as a community park to serve more than just the surrounding neighborhood. The following resolution was considered: NO. R2004-033 A RESOLUTION ADOPTING THE 2004 LAKE FOREST PARK MASTER PLAN OF THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the City Manager or his designee to execute a professional services agreement with Dunkin Sims, Stoffels, Inc. to provide design and development services for Lake Forest Park; authorizing the expenditure of funds therefor and providing an effective date (RFP 3176 in an amount not to exceed of $62,100). The following ordinance was considered: NO. 2004-176 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DUNKIN SIMS, STOFFELS, INC. TO PROVIDE DESIGN AND DEVELOPMENT SERVICES FOR LAKE FOREST PARK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFP 3176 IN AN AMOUNT NOT TO EXCEED OF $62,100). Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes June 15, 2004 Page 11 F. The Council considered adoption of an ordinance approving an amendment to an agreement between the City of Denton and McDonald Transit Associates, Inc. dated April 16, 2002, as amended, to provide for motor carrier passenger service and to extend such agreement through September 30, 2005; authorizing the expenditure of funds; and providing for an effective date. Mark Nelson, Director of Airport and Transportation Operations, presented the details of the proposal. This was an extension and expansion of the service agreement. It included a one-year extension of the current contract and transition of vehicle maintenance to McDonald Transit from the City. The operations would be relocated from the Service Center to the Solid Waste Facility. Dessie Goodson, 1511 North Elm #8, Denton, 76201, questioned the details of the agreement. The following ordinance was considered: NO. 2004-177 AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND MCDONALD TRANSIT ASSOCIATES, INC. DATED APRIL 16, 2002, AS AMENDED, TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE AND TO EXTEND SUCH AGREEMENT THROUGH SEPTEMBER 30, 2005; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance authorizing the City Manager, or his designee, to execute an Interlocal Agreement between the City of Denton, the University of North Texas and McDonald Transit Associates, Inc. to provide for motor carrier passenger service for UNT students, staff and faculty; and providing for an effective date. Mark Nelson, Director of Airport and Transportation Operations, presented details of both items 6G and 6H. The proposals would extend the agreement with UNT to increase number of hours of service to students, staff and faculty. $271,000 would be provided by UNT to purchase 15 transit vehicles with $75,000 for minor make ready work on the vehicles. Dessie Goodson, 1511 North Elm #8, Denton, 76201, stated that the City should not do this agreement as UNT had its own buses or the students should ride LINK service. The following ordinance was considered: NO. 2004-178 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, City of Denton City Council Minutes June 15, 2004 Page 12 THE UNIVERSITY OF NORTH TEXAS AND MCDONALD TRANSIT ASSOCIATES, INC. TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE FOR UNT STUDENTS, STAFF AND FACULTY; AND PROVIDING FOR AN EFFECTIVE DATE. Kamp motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance authorizing the Mayor, or her designee, to execute an Interlocal Agreement between the City of Denton, the Dallas Area Rapid Transit System for the City's acquisition of buses to provide for motor carrier passenger service in Denton; authorizing the expenditure of funds; and providing for an effective date. The following ordinance was considered: NO. 2004-179 AN ORDINANCE AUTHORIZING THE MAYOR, OR HER DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, THE DALLAS AREA RAPID TRANSIT SYSTEM FOR THE CITY'S ACQUISITION OF BUSES TO PROVIDE FOR MOTOR CARRIER PASSENGER SERVICE IN DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. Dessie Goodson, 1511 North Elm #8, Denton, 76201, spoke in opposition. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. I. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, as Denton's authorized representative, to file and to make application for the following grants: "Control of Nonpoint Source Loads in the Hickory Creek Sub-basin of the Lake Lewisville Watershed as a component of a Watershed-based Water Quality Trading Program" (The Section 319 Grant) and the expanded scope "Watershed Protection Plan for Hickory Creek Sub-Basin of the Lake Lewisville Watershed" through the Texas Commission on Environmental Quality, from the United States Environmental Protection Agency; as well as to take all other and further actions necessary and advisable to obtain such grant and the expansion thereto; further to comply with the project requirements of such grant and the expansion thereto; authorizing the City Manager to expend and to transfer funds as provided for in such grant, and providing an effective date. Kenneth Banks, Water Resource Manager, stated that the City had been working with a consulting firm and Texas A&M on two water grants to show incentive based pollution control programs on Lake Lewisville. The Texas Commission on Environmental Quality encouraged the City to apply for a grant to understand the nature of pollution in the Hickory Creek arm and provide a pilot project. The projected time line was a three-year frame with start date of February 2005. City of Denton City Council Minutes June 15, 2004 Page 13 The following ordinance was considered: NO. 2004-180 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE AND TO MAKE APPLICATION FOR THE FOLLOWING GRANTS: "CONTROL OF NONPOINT SOURCE LOADS IN THE HICKORY CREEK SUB-BASIN OF THE LAKE LEWISVILLE WATERSHED AS A COMPONENT OF A WATERSHED- BASED WATER QUALITY TRADING PROGRAM" (THE SECTION 319 GRANT) AND THE EXPANDED SCOPE "WATERSHED PROTECTION PLAN FOR HICKORY CREEK SUB-BASIN OF THE LAKE LEWISVILLE WATERSHED" THROUGH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; AS WELL AS TO TAKE ALL OTHER AND FURTHER ACTIONS NECESSARY AND ADVISABLE TO OBTAIN SUCH GRANT AND THE EXPANSION THERETO; FURTHER TO COMPLY WITH THE PROJECT REQUIREMENTS OF SUCH GRANT AND THE EXPANSION THERETO; AUTHORIZING THE CITY MANAGER TO EXPEND AND TO TRANSFER FUNDS AS PROVIDED FOR IN SUCH GRANT, AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing a confidential settlement agreement with Marcus Cable Associates, L.L.C., D/B/A Charter Communications; authorizing the City Manger and the City Attorney to act on the City's behalf in executing any and all documents necessary to effect such agreement; requesting Charter to collect a Public, Education and Government (PEG) fee, and to take such other actions deemed necessary to finalize the agreement; and declaring an effective date. John Cabrales, Public Information Officer, stated that the settlement was a result of an audit done by the City on Charter's Call Center regarding customer service issues. Part of the settlement would provide for enhanced government and local programming plus address a methodology to report call center violations in the future. The following ordinance was considered: NO. 204-181 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING A CONFIDENTIAL SETTLEMENT AGREEMENT WITH MARCUS CABLE ASSOCIATES, L.L.C., D/B/A CHARTER COMMUNICATIONS; AUTHORIZING THE CITY MANGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH AGREEMENT; REQUESTING CHARTER TO COLLECT A PUBLIC, EDUCATION AND GOVERNMENT (PEG) FEE, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes June 15, 2004 Page 14 Montgomery motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. K. The Council considered approval of a nomination to the Historic Landmark Commission. Redmon motioned, Brock seconded to approve the nomination of Donna Morris to the Historic Landmark Commission. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. L. New Business The following items of New Business were suggested for future agendas: 1. Mayor Pro Tem McNeill requested an update on the opening date of Spencer Road. 2. Council member Redmon requested information on impact fees as they related to infill development. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:40 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS