Minutes July 27, 2004CITY OF DENTON CITY COUNCIL MINUTES
July 27, 2004
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Work Session on Tuesday, July 27, 2004 at 4:30 p.m. in the
Council Work Session Room at City Hall.
PRESENT:
Mayor Brock, Council Members Kamp, McNeill, Montgomery, Mulroy, Redmon,
and Thomson
ABSENT: None
1. The Council received a report and held a discussion regarding budgefmg processes.
Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services, introduced John
Gross, Finance Director of Aurora, Colorado for thirteen years, who would present an overview
of governmental budgeting processes.
Gross stated that elements of a budget included developing good fmancial policies, developing
programmatic, operating, and capital policies and plans, developing programs and services that
were consistent with policies and plans, and developing management strategies.
Gross stated that in a zero based budget, expenditures were generally identified by services or
programs and further by levels of that same service or program. He stated that it was
administratively very expensive. In program budgeting, expenditures were shown by program,
and could cut across organizational and fimding boundaries. In a line item budget, expenditures
were identified by type: salaries, contractual services, and supplies. In an organizational budget,
which the majority of governments use, expenditures were identified by organizational unit,
usually a department..
2. Staff responded to requests for clarification of consent agenda items listed on the consent
agenda for the meeting of July 27, 2004.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the following.
1. The Council considered the following in Closed Meeting:
Consultation with Attomey- Under TEXAS GOVERNMENT CODE Section
551.071.
The Council discussed and considered legal issues concerning road
damage caused by gas well operations and considered a settlement
agreement with a gas well operator, 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.
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July 27, 2004
Page 2
Special Called Regular Meeting of the City of Denton City Council on Tuesday, July 27, 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 proclamations/awards presented.
B. Recognition of staff accomplishments
City Manager Conduff presented staff accomplishments to the Council and audience.
3. CITIZENS REPORTS
A. The Council received citizen reports from the following:
1. Tenia Hoops regarding Water and Wastewater Utilities.
Ms. Hoops, 2320 E. Windsor Drive, spoke regarding her utility bill - high water usage and
wastewater charges.
2. Dessie Goodson regarding "responsibility".
Ms. Goodson was not present at the meeting.
The Mayor announced that the Council would attend a public hearing at the Civic Center being
held by the Texas Commission on Environmental Quality regarding an air quality permit sought
by Acme Brick.
The Council returned to the Council Chambers and Mayor Pro Tem McNeill reeonvened the
meeting at 8:00 p.m. with the Mayor remaining at the TCEQ Public Hearing.
The Council considered the following:
4. CONSENT AGENDA
Mulroy 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", and Thomson "aye". Motion carried 6-0.
A. R2004-036 - A resolution of the City of Denton, Texas, authorizing the City
Manager to execute a Certificate of Coordination between the City of Denton,
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July 27, 2004
Page 3
Texas and the Housing Authority of the City of Denton, providing for
coordination of certain library services with Denton Housing Authority Family
Self-Sufficiency Program; and providing for an effective date.
2004-208 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of gasoline and diesel fuel; providing for the expenditure
of funds therefor; and providing an effective date (Bid 3182 - Annual Contract
for Gasoline and Diesel Fuel in the estimated amount of $1,000,000).
2004-209 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of Tire Repair and Tire Changing Services; providing
for the expenditure of funds therefor; and providing an effective date (Bid 3183 -
Annual Contract for Tire Repair and Tire Changing awarded to Briscoe Tire Inc.
in the estimated amount of $100,000).
2004-210 - An ordinance approving the expenditure of funds for the purchase of
a standby reuse water pump and motor assembly for the Pecan Creek Water
Reclamation Plant 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 3194 - Purchase of
Standby Pump for Pecan Creek Water Reclamation Plant to Johnston Pump
Company in an amount not to exceed $37,938).
2004-211 - An ordinance approving a Pro Rata Reimbursement Agreement for
drainage improvements between the City of Denton, Texas and Windjammer, Ltd.
pursuant to the City's Drainage Pro Rata Ordinance contained in Article VII of
Chapter 26 of the Code of Ordinances of the City of Denton; modifying that
certain economic development agreement dated March 23, 2004 between the City
of Denton and Windjammer, Ltd.; and providing an effective date.
2004-212 - An ordinance of the City of Denton, Texas authorizing the City
Manager to execute a Professional Services Agreement with Teague Nail and
Perkins, Inc. for engineering services related to Channel Improvements to
Tributary PEC-4 and a branch of Tributary PEC-4; authorizing the expenditure of
funds therefor; and providing an effective date.
Approved appointments to the following boards and commissions:
2.
3.
4.
5.
Airport Advisory Board - John Vaun
Construction Advisory and Appeals Board - Larry Calvert
Human Services Advisory Committee - Mary Tisher, Jan Hillman
Library Board - Judy Deck
Traffic Safety Commission - Tracy Beck, Michael Kozak
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. 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 and Zoning Commission recommended denial (4-2). (7/04-
O00I Cinernark Addition Drainage Variance)
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July 27, 2004
Page 4
This item was pulled from consideration by the applicant.
B. The Council considered adoption of an ordinance of the City of Denton, Texas,
establishing fees to be charged for annual alarm permits as provided for in Sections 4-26 and 4-
29 of Article II of Chapter 4 "Alarm Systems" of the Code of Ordinances of the City of Denton,
Texas; repealing all ordinances in conflict herewith; providing a severability clause; and
providing for an effective date.
Captain Lee Howell stated that the proposed ordinance set the fee for an annual alarm permit at
$20.00.
The following ordinance was considered:
NO. 2004-213
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO
BE CHARGED FOR ANNUAL ALARM PERMITS AS PROVIDED FOR IN
SECTIONS 4-26 AND 4-29 OF ARTICLE II OF CHAPTER 4 "ALARM SYSTEMS"
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill
"aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried
6-0.
C. The Council considered adoption of an ordinance of the City of Denton, Texas
amending the provisions of Chapter 4 relating to alarms by amending Sections 4-26, 4-29 and 4-
31 to establish an annual time period for alarm permits and to establish the collection of an
annual alarm permit fee; providing for a severability clause; providing a repealer clause;
providing a savings clause; providing for a penalty not to exceed $500 for violations of this
ordinance; and providing for an effective date.
Captain Lee Howell stated that the proposed ordinance established the annual time period of an
alarm permit and granted authority to collect a fee.
The following ordinance was considered:
NO. 2004-214
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
PROVISIONS OF CHAPTER 4 RELATING TO ALARMS BY AMENDING
SECTIONS 4-26, 4-29 AND 4-31 TO ESTABLISH AN ANNUAL TIME PERIOD FOR
ALARM PERMITS AND TO ESTABLISH THE COLLECTION OF AN ANNUAL
ALARM PERMIT FEE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF
THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
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July 27, 2004
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Montgomery motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye",
McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion
carded 6-0.
D. The Council considered nominations/appointments to the City's boards and
commissions.
Council Member Kamp nominated Maureen Jamail to the Community Development Advisory
Committee.
Council Member Thomson nominated Charles McLain to the Human Services Advisory
Committee.
Mayor Brock nominated Pat Langa to the Library Board.
Council Member Kamp nominated Georgiaune Burlage to the Traffic Safety Commission.
E. New Business
The following items of New Business were suggested for future agendas:
1. Council Member Redmon requested that staff research the process for
raising taxi cab rates.
2. Council Member Kamp stated that at the Denton Tomorrow II Conference
there was discussion regarding cities being Wi-Fi cities. She requested information on
Denton becoming a Wi-Fi city.
Fo
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.
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
H. 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.
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July 27, 2004
Page 6
With no further business, the meeting was adjourned at 8:15 p.m.
JANE RICHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS