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Minutes August 17, 2004 CITY OF DENTON CITY COUNCIL MINUTES August 17, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 17, 2004 at 5:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Kamp, Montgomery, Redmon and Thomson. ABSENT: Council Member Mulroy 1. The Council received a report and held a discussion regarding the job descriptions and 2004 performance goals for the City Manager, City Attorney, and Municipal Judge. City Manager Conduff stated that a council subcommittee had been formed to review the job descriptions of the three council employees and 2004 performance goals had been set. Mayor Pro Tem McNeill, chair of the subcommittee, stated that the subcommittee had met with the three employees to review the job descriptions and had made minor changes. They also discussed the performance goals with the three employees and no changes had been made at the mid-year review. There was an item on the regular agenda for council approval of the job descriptions. Council Member Mulroy arrived at the meeting. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for August 17, 2004. Regular Meet'rog of the City of Denton City Council on Tuesday, August 17, 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 Mayor Brock presented a proclamation for "Alpha Company Day". B. August Yard-of-the-Month Awards Mayor Brock presented August Yard of the Month Awards to: Chris and Ladene Therson Susan Blakenship David and Judy Nichols Mark and Shara Collins Mary Dunbar City of Denton City Council Minutes August 17, 2004 Page 2 Karina and Ken Smith Watersmart - Wayne Mitchell and Marcia Staff Business - Oak Meadows Apartments C. Recognition of staff accomplishments City Manager Conduffpresented staff accomplishments to Council. 3. CITIZENS REPORTS A. The Council received citizen reports fxom the following: 1. Carolyn Phillips regarding the elderly Black and unfriendly liens. Ms. Phillips was not present at the meeting. 2. Alan Johnson regarding the Planning and Zoning Commission and the gas well ordinance. Mr. Johnson was not present at the meeting. 3. Dessie Goodson regarding responsibility. Ms. Goodson stated that she had asked to speak on an agenda item at the last council meeting and was not afforded the opportunity to do so. She had questions regarding her utility bill and her charges and would not pay the charges until her questions had been answered. 4. Phillip Young regarding police protection. Mr. Young stated he was pleased that the Council was moving forward with the addition of police officers in the proposed budget even with the possibility of a tax increase. He felt it was vital to continue with the community based policing effort. There needed to be enough officers to keep abreast of what was happening in the community. 4. CONSENT AGENDA Mayor Brock requested that Items F and G be considered separately. McNeill motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items F and G. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. Items F and G were considered. Mark Nelson, Director of Airport and Transit Operations, stated that each agreement was an opportunity to extend the current agreement with TWU and UNT to allow students, staff and faculty access to the LINK system. The universities paid for the service based on the amount of ridership. City of Denton City Council Minutes August 17, 2004 Page 3 Mayor motioned, Kamp seconded to adopt the ordinance for Item F. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. Mayor motioned, Thomson seconded to adopt the ordinance for Item G. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. 2004-225 - An ordinance authorizing the City Manager to execute a Sewer Main Cost Participation Agreement between the City of Denton, Texas and Windsor Farms Partners, L.P. for the city's participation in the oversizing of sewer mains; and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. 2004-226 - An ordinance of the City of Denton, Texas, authorizing the City Manager to execute an agreement between the City and the Owsley Community School to provide for improvements to the facility at 2535 Charlotte Street, Denton, Texas; authorizing the expenditure of funds therefor, not to exceed $35,000 and providing for an effective date. 2004-227 - An ordinance of the City Council of the City of Denton, Texas, approving an agreement between the City of Denton and the Cumberland Presbyterian Children's Home; providing for the use of funds for development for transitional housing; authorizing the City Manager to execute the agreement and to expend funds with respect to the agreement; and providing for an effective date. Do Approved the job descriptions for the City Manager, City Attorney, and Municipal Judge. 2004-228 - An ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton and the Texas Department of Public Safety ("TDPS") to implement the provisions of Chapter 706 of the Texas Transportation Code for the Denial of Driver's License Renewal upon failure to appear or failure to pay a judgment in Municipal Court; authorizing the payment of fees pursuant to the provisions of said agreement; and providing for an effective date. 2004-229 - An ordinance authorizing the Mayor to execute an Inteflocal Agreement between the City of Denton and Texas Woman's University to provide for off-campus motor carrier passenger service for TWU students, staff and faculty; and providing for an effective date. 2004-230 - An ordinance authorizing the Mayor to execute an Interlocal Agreement between the City of Denton and University of North Texas to provide for off-campus motor carrier passenger service for LINT students, staff and faculty; and providing for an effective date. City of Denton City Council Minutes August 17, 2004 Page 4 2004-231 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Polymer Concrete Pull Boxes for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3190 - Concrete Polymer Pull Boxes awarded to Techline, Inc. in the estimated amount of $72,590). 2004-232 - An ordinance approving the expenditure of funds for the purchase of Video Cameras and Controllers for the City of Denton Traffic Control Department; available from only one source in accordance with the provisions of State Law exempt'mg such purchases from requirements of competitive bids; and providing an effective date (File 3197 - Purchase of Video Cameras/Controllers for Traffic Signals to Paradigm Traffic Systems, Inc. in the amount of $61,640.10). Approved a request for an exception to the Noise Ordinance for the purpose of a music festival, The No Name Fest, conducted by Creatures for Awareness, in the parking lot located behind Lucky Lou's at 1207 W. Hickory, on Saturday, August 28, 2004, from 2:00 p.m. to 9:00 p.m. The exception was specifically requested for an increase in the maximum allowable decibels for an outdoor music festival. 5. PUBLIC HEARING A. The Council held a public hearing and considered adoption of an ordinance amending Subchapter 35.7 (Special Purpose and Overlay Districts) of the Denton Development Code. The Planning and Zoning Commission recommended approval (6-0). (SI04-0018, Historic District ArnendmenO Kelly Carpenter, Director of Planning and Development, stated that this was a housekeeping item. The historic district regulations were not listed in the Development Code but rather in the former zoning code. This ordinance would add those regulations to the Development Code. There were no changes from the regulations in the prior code. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-233 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 7 OF THE DENTON DEVELOPMENT CODE PERTAINING TO HISTORIC PRESERVATION AND THE OAK-HICKORY DISTRICT; PROVIDING FOR THE INCLUSION OF THE CURRENT RULES AND REGULATIONS PERTAINING TO HISTORIC PRESERVATION AND THE OAK-HICKORY HISTORIC DISTRICT TO THE DENTON DEVELOPMENT CODE, WITHOUT ANY City of Denton City Council Minutes August 17, 2004 Page 5 SUBSTANTIVE CHANGES; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2000.00 PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (S 104-0019) Thomson 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 carded unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council reviewed, discussed, and considered approval of the Charge to the Special Citizens Advisory Committee to study capital improvement needs. City Manager Conduff stated that staff had incorporated the suggested changes made the previous day by Council. Mulroy motioned, Kamp seconded to approve the charge to the Special Citizens Advisory Committee. 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 appointments to a special Citizens Advisory Committee to study capital improvement needs for projects to be included in a February 2005 bond election. Council Member Montgomery appointed Herbert Holl, June Barry and Carol Collins. Council Member Redmon appointed Alma Clark, Fred Hill, Sherri McDade, Robert Bell, Rick Woolfolk, Luz Briseno and Mafia Rivera. Mayor Brock appointed Marc Culp, David Vanderlaan and John Priddy. Mulroy motioned, Kamp seconded to approve these appointments. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. and Commissions. The Council considered nominations/appointments to the City's Boards Mayor Brock announced that she had reappointment Bill Giese and Rudy Moreno to the Denton Housing Authority. Mulroy motioned, McNeill seconded to approve the prior nomination of Bob Bland to the Public Utilities Board. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. New Business City of Denton City Council Minutes August 17, 2004 Page 6 Council suggested the following items for furore agendas: 1. Mayor Pro Tern MeNeill requested Council revisit its charge to the Airport Advisory Committee. 2. Council Member Redmon requested information relative to the Police Department and the factor of number of officers on the force. E. 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. F. There was no Closed Meeting held at this meeting. G. There was no official action on Closed Meeting Item(s) trader Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:12 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS