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Minutes September 17, 2002CITY OF DENTON CITY COUNCIL M1NUTES September 17, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 17, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding the history of the Fry Street Fair, related public safety issues, and staff recommendation to relocate the event. Charles Wiley, Police Chief, and Ross Chadwick, Fire Chief, presented an overview of the Fry Street Fair. Chief Wiley reviewed the boundaries of the Fair, streets impacted by the Fair, arrests and citations, photos taken during the Fair, police manpower required for the Fair, and recommendation. It was staff's recommendation that the Police and Fire Departments deny permits to locate the Fair in the Fry Street area, and encourage the Lodge to locate the event at a more conducive site. Ross Chadwick, Fire Department, presented fire department concerns regarding the Fair. A major concern was getting fire and rescue personnel on site in the quickest response time in order to assist with fire and emergency situations. Council discussed alternative locations for the Fair, logistics of the Fair dealing with arrests and injuries, and financial considerations. Mayor Pro Tem Burroughs suggested Council receive feedback on safety measures to accommodate the Fair at the present location, cost of those measures and feedback from Delta Lodge to finance those measures. Council Member McNeill suggested looking into any possible increase of City sales tax due to the event. 2. The staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of September 17, 2002. Following the Work Session, the Council convened in a Closed Session: 1. Council considered the following in Closed Meeting: Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Considered and discussed status of litigation styled Impact Outdoor Advertising, et al. v. City of Denton, Cause No. TI-2000-01224, currently pending in the Probate Court of Denton County, Texas City of Denton City Council Minutes September 17, 2002 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, September 17, 2002 at 6:30 p.m. in the Council Chambers at City Hall. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. PROCLAMATIONS/PRESENTATIONS Mayor Brock presented the following proclamations: Constitution Week Destination Dignity Month Our Daily Bread Volunteer Month American Association of University Women Race Unity in City of Denton Day The September Yard-of-the-Month Awards were presented to: Mr. and Mrs. Howard A. Foster Wally and Sue Kille Donald and Laura Grahl Mr. and Mrs. Russell Lee Morgan Zulah L. Coleman Howard and Sharon Weatherly Joe and Joy Wright-Xeriscaped Yard All for Your Nails-Commercial 4. City Manager Conduff presented recognitions of staff accomplishments. CITIZEN REPORTS 5. The following individuals presented citizen reports: A. Joe Ialenti regarding the Council decision-making process. Mr. Ialenti stated that he was concerned about the way Council gathered information for its decisions and citizen participation in those decisions. In particular was the method used in the decision made in regards to automated solid waste collection. He presented suggestions for governance enhancements. B. Robert Kam regarding KDTN - Channel 2. Mr. Kam was not present at the meeting. C. Nell Yeldell regarding concrete waste and Customer Service. Ms. Yeldell was not present at the meeting. City of Denton City Council Minutes September 17, 2002 Page 3 D. Dessie Goodson regarding Denton Housing Authority appointees and the City of Denton public transportation. Ms. Goodson stated that she had problems contacting the members of the Denton Housing Authority. She again stated she had concerns with the Denton public transportation system, the routes, and the lack of benches at the stops. E. Ross Melton, Jr. regarding the budget, Melton lawsuits, Code Enforcement, the lawyers, and witness subpoenas. Mr. Melton stated that he was still having problems with his lawsuits concerning Code Enforcement. He also had problems with the budget approved by the Council. F. Paul Mcenany regarding the Fry Street Fair. Mr. Mcenany stated that the Fry Street Fair was very important to the culture of the City of Denton including the music culture of the City. Local businesses were also positively affected by the Fair. He felt that some of the issues presented in the Work Session discussion were not part of the Fair but rather outside the Fair. G. Robert Slusarski regarding the Fry Street Fair. Mr. Slusarski stated that he owned a business in the area of the Fry Street Fair and was in favor of keeping the Fair in its present location. He felt that the problems stated in the Work Session could be solved. H. Kavita Vadgama regarding the Fry Street Fair. Ms. Vadgama stated that the Fry Street Fair proceeds helped various organizations in the City. Before the fire at their house, over 50% of the proceeds of the Fair went to charities. She listed the various charities that received contributions from the Fair proceeds. I. B.J. Chiszar regarding the Fry Street Fair. Mr. Chiszar stated that the City administration should respect the rights of all citizens regardless of age and concept of quality of life. He did not feel that the safety issues were greater than the benefits of the Fair. He felt that the event needed to be enlarged in order to better control the crowds. CONSENT AGENDA Mayor Brock withdraw Item #25 for separate consideration. McNeill motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item #25 and to change the amount of Item #23 to $2,000.00. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes September 17, 2002 Page 4 Item #25 was considered. Burroughs motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Approved the minutes of August 1, 2002, August 13, 2002, August 20, 2002, and August 21, 2002. 7. NO. 2002-290 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES AGREEMENT WITH BARBARA T. MCCALL ASSOCIATES, INC. TO PROVIDE CERTAIN INFORMATION AND SERVICES WITH REGARD TO LEGISLATION OF INTEREST TO THE CITY. NO. R2002-039 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPOINTMENT OF THE RESERVE POLICE OFFICERS LISTED IN THE RESOLUTION. NO. R2002-040 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT TO FACILITATE PUBLIC AWARENESS AND EDUCATION OPPORTUNITIES TO REDUCE LITTERING AND ILLEGAL DUMPING; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. 10. NO. R2002-041 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT TO REDUCE THE NUMBER OF ILLEGAL DUMP SITES AND EXPAND CLEAN-UP EVENT S THROUGH PUBLIC AND PRIVATE PARTNERSHIPS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF City of Demon City Council Minutes September 17, 2002 Page 5 THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. 11 NO. 2002-291 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL AID LAW ENFORCEMENT AGREEMENT BETWEEN THE CITY OF DENTON POLICE DEPARTMENT AND THE UNIVERSITY OF NORTH TEXAS POLICE DEPARTMENT TO ALLOW COOPERATION IN THE INVESTIGATION OF CRIMINAL ACTIVITY AND TO PROTECT HEALTH, LIFE, AND PROPERTY AGAINST SUCH THINGS AS RIOT AND NATURAL DISASTER OR MAN-MADE CALAMITY; AND PROVIDING FOR AN EFFECTIVE DATE. 12. NO. R2002-042 A RESOLUTION OF THE CITY OF DENTON TO FORM A REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT WITH OTHER AREA LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PROVIDING AND RECEIVING LAW ENFORCEMENT ASSISTANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 13. NO. R2002-043 A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE DENTON POLICE DEPARTMENT'S PARTICIPATION IN AN INTER-JURISDICTIONAL PURSUIT POLICY AGREEMENT WITH LOCAL LAW ENFORCEMENT AGENCIES IN THE GREATER DALLAS-FT. WORTH NORTH TEXAS AREA FOR THE PURPOSE OF COORDINATING A LAW ENFORCEMENT RESPONSE TO THE EMERGENCY CONDITIONS CAUSED BY VEHICULAR PURSUITS; AND PROVIDING FOR AN EFFECTIVE DATE. 14. NO. R2002-044 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. 15. NO. 2002-292 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DAYCARE PROGRAM FOR LOW-INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2878 - DAYCARE PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO DENTON CITY COUNTY DAY SCHOOL IN THE AMOUNT OF $35,000). 16. NO. 2002-293 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE CONGREGATE AND HOME DELIVERED MEALS City of Demon City Council Minutes September 17, 2002 Page 6 PROGRAM FOR SENIOR CITIZENS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2880 - CONGREGATE AND HOME DELIVERED MEALS PROGRAM FOR SENIOR CITIZENS AWARDED TO SPAN IN THE AMOUNT OF $29,000). 17. NO. 2002-294 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PRENATAL PROGRAM FOR LOW-INCOME FAMILIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2881 - PRENATAL PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO FAMILY HEALTH CARE, INC. FOR $30,000). 18. NO. 2002-295 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SELF-SUFFICIENCY PROGRAM FOR LOW INCOME AND HOMELESS HOUSEHOLDS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2882 - SELF- SUFFICIENCY PROGRAM FOR LOW INCOME AND HOMELESS HOUSEHOLDS AWARDED TO HOPE, INC. IN THE AMOUNT OF $30,000). 19. NO. 2002-296 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION AND PREVENTION PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2883 - RELATIONSHIP VIOLENCE AND SEXUAL ASSAULT PROGRAM AWARDED TO DENTON COUNTY FRIENDS OF THE FAMILY, INC. IN THE AMOUNT OF $36,000). 20. NO. 2002-297 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CHILDCARE EXPANSION PROGRAM FOR LOW INCOME CHILDREN, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2892 - CHILDCARE EXPANSION PROGRAM FOR LOW-INCOME CHILDREN AWARDED TO DENTON CHRISTIAN PRESCHOOL IN THE AMOUNT OF $30,000). 21. NO. 2002-298 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2893 - INFANT AND CHILD City of Demon City Council Minutes September 17, 2002 Page 7 PROGRAM FOR LOW-INCOME FAMILIES AWARDED TO FRED MOORE DAY NURSERY SCHOOL IN THE AMOUNT OF $39,000). 22. NO. 2002-299 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND REACH, INC. FOR PROVISION OF GROUP COUNSELING SESSIONS FOR DENTON RESIDENTS WITH DISABILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 23. NO. 2002-300 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A 2002-2003 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND CUMBERLAND PRESBYTERIAN CHILDREN'S HOME FOR PROVISION OF VARIOUS COUNSELING AND OTHER FAMILY SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 24. NO. 2002-301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME IMPROVEMENT AND OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $25,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. 25. NO. 2002-302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $25,000 FOR PROJECTS MEETING THE PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. 26. NO. 2002-303 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING A PERSONAL AND PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND LYNN CARDONA FOR CONSULTING SERVICES AND SYSTEM ASSISTANCE IN THE FINANCIAL/HUMAN RESOURCE SOFTWARE KNOWN AS JD EDWARDS; AND PROVIDING AN EFFECTIVE DATE (PERSONAL AND PROFESSIONAL SERVICES AGREEMENT WITH LYNN CARDONA IN THE AMOUNT NOT TO EXCEED $22,000). City of Demon City Council Minutes September 17, 2002 Page 8 27. NO. 2002-304 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DRUG TESTING AND PHYSICALS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (RFSP 2873 - OCCUPATIONAL HEALTH SERVICES, CONTRACT NURSE, DRUG TESTING, AND PHYSICALS AWARDED TO P1NNACLE DIAGNOSTICS ACCORDING TO THE FEE SCHEDULE). 28. NO. 2002-305 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 32 FT. QUARTER FRAME END DUMP TRAILER; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE (BID 2888 - 32 FT. QUARTER FRAME END DUMP TRAILER AWARDED TO CLEMENT TRAILERS DALLAS, INC. IN THE AMOUNT OF $28,250). 29. NO. 2002-306 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A MOTOR GRADER AND RUBBER TIRE LOADER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2889 - MOTOR GRADER, RUBBER TIRE LOADER AWARDED TO HOLT CAT IN THE AMOUNT OF $336,706). 30. NO. 2002-307 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF AN AERIAL DEVICE (BUCKET TRUCK) 82' AND BRUSH CHIPPER; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE (BID 2890 - AERIAL DEVICE (BUCKET TRUCK) 82' AND BRUSH CHIPPER AWARDED AS LISTED IN THE TOTAL AMOUNT OF $175,844). 31 NO. 2002-308 AN ORDINANCE PROVIDING FOR THE PURCHASE OF A POST-WARRANTY SUPPORT CONTRACT FOR THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2896 - POST-WARRANTY SUPPORT CONTRACT AWARDED TO ADVANCED CONTROL SYSTEMS IN THE AMOUNT OF $29,484). City of Denton City Council Minutes September 17, 2002 Page 9 32. NO. 2002-309 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 28 "BUILDING AND BUILDING REGULATIONS" BY AMENDING SECTION 28- l ll(A), LICENSE REQUIRED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES THAT CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 33. NO. 2002-310 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY ("TMPA"), AND THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF A CITY WATER PIPELINE ACROSS AN EXISTING TMPA EASEMENT AS PART OF THE CITY OF DENTON LOOP 288 42-INCH AND 36-INCH WATER TRANSMISSION PIPELINE PROJECT, LOCATED WITHIN A TRACT OF LAND SITUATED IN THE T. TOBY SURVEY ABSTRACT NUMBER 1288, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PART OF THE 110.257 ACRES DESCRIBED IN THE DEED FROM TERI TAYLOR COMPANIES, INC. TO VANDALAR PARTNERS RECORDED UNDER CLERK'S FILE NUMBER 93-R0094497 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 34. NO. 2002-311 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, RELATING TO THE PURCHASE OF AN APPROXIMATE SIXTY-NINE ACRE TRACT OR PARCEL OF LAND BEING A PART OF LOT 1, BLOCK A OF THE LAKE FOREST GOOD SAMARITAN VILLAGE, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET F, PAGE 36, PLAT RECORDS, DENTON COUNTY, TEXAS, FOR USE AS A COMMUNITY PARK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 35. Approved an exaction variance of Section 35.20.2(B.) of the Code of Ordinances concerning sidewalk for the San Jacinto Plaza Addition, being a 2.602 acre commercial parcel located in a Regional Center Commercial Downtown (RCC-D) zoning district and on the northeasterly corner of IH35E northbound frontage road and San Jacinto Blvd. The Planning and Zoning Commission recommended approval of a full variance (5-0). (F02-0014) 36. Approved an exaction variance of Section 35.20.3(B.) of the Code of Ordinances concerning sidewalk for the San Jacinto Plaza Addition, being a 3.569 acre commercial parcel located in a Regional Center Commercial Downtown (RCC-D) zoning district and City of Denton City Council Minutes September 17, 2002 Page 10 on the IH35E northbound frontage road approximately 700 feet north of San Jacinto Blvd. The Planning and Zoning Commission recommended approval of a full variance (5-0). (r02-00~5) 37. Approved an exaction variance of Section 35.20.2(H. 1.) of the Code of Ordinances concerning easements and right of ways for the San Jacinto Plaza Addition, being a 2.602 acre commercial parcel located in a Regional Center Commercial Downtown (RCC-D) zoning district and on the northeasterly corner of IH35E northbound frontage road and San Jacinto Blvd. The Planning and Zoning Commission recommended approval of a full variance (5-0). (V02-0016) 38. NO. 2002-312 AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 2002-002 (SCHOOL ZONES) REVISING THE P.M. HOUR OF OPERATION FOR STRICKLAND, CALHOUN AND MCMATH MIDDLE SCHOOLS, FROM THE EXISTING "3:30 P.M. UNTIL 4:30 P.M. ON SCHOOL DAYS" TO "3:00 P.M. UNTIL 4:00 P.M. ON SCHOOL DAYS". 39. NO. 2002-313 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TIP STRATEGIES, INC. TO PROVIDE CONSULTING SERVICES FOR A DENTON ECONOMIC DEVELOPMENT STRATEGIC ACTION PLAN; AND PROVIDING AN EFFECTIVE DATE. 40. NO. 2002-314 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PAY THE CITY'S ANNUAL DUES TO THE TEXAS PUBLIC POWER ASSOCIATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. 41. NO. 2002-315 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH LLOYD, GOSSEL1NK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C., FOR LEGAL SERVICES PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, IN THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING THE PROTECTION OF THE CITY'S INTERESTS IN ITS APPLICATION TO CHANGE DENTON MUNICIPAL ELECTRIC'S RATES FOR WHOLESALE TRANSMISSION SERVICE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. City of Demon City Council Minutes September 17, 2002 Page 11 42. NO. 2002-316 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 26 RELATING TO THE FURNISHING OF UTILITIES BY AMENDING SECTIONS 26-3(B)(2), 26-4(A)(2) AND (3), 26-4(C), 26-5(B), 26- 6(A) THROUGH (L), 26-8(A), (C) AND (D), 26-9(A), (C), (D), (F), (G), (I), AND (K), AND 26-10(5); FURTHER PROVIDING FOR AMENDMENTS TO SECTIONS 26-6 TO PROVIDE FOR AN INSTALLATION CHARGE; TO PROVIDE FOR AN UNAUTHORIZED USAGE PENALTY; TO PROVIDE FOR A METER READING CHARGE; TO PROVIDE FOR A METER TESTING CHARGE; TO PROVIDE FOR A METER TAMPERING AND/OR DAMAGE CHARGE; TO PROVIDE FOR A METER INACCESSIBILITY CHARGE; TO PROVIDE FOR A RETURNED PAYMENT CHARGE; TO PROVIDE FOR A LATE PAYMENT CHARGE DUE ON DELINQUENT BALANCES; TO PROVIDE FOR AN INTEREST CHARGE ON PAST DUE ACCOUNT BALANCES PRIOR MONTH PAST DUE BALANCE; TO PROVIDE FOR A CREDIT REPORT CHARGE; TO ENACT AND PROVIDE FOR SECTION 26-126.2 OF THE CITY OF DENTON CODE OF ORDINANCES REGARDING TAMPERING WITH OR DAMAGING ELECTRIC OR WATER OR WASTEWATER SYSTEM; ILLEGAL CONNECTION TO ELECTRIC OR, WATER OR, WASTEWATER SYSTEM; UNLAWFUL USE OF ELECTRIC OR, WATER OR, WASTEWATER SYSTEM; ESTABLISHING VARIOUS PENALTIES FOR A VIOLATION OF SECTION 26-126.2 SUCH AS PUNISHMENT AS PROVIDED IN SECTION 1-12(A)(1) OF THE CODE OF ORDINANCES, AND/OR THE CITY ATTORNEY AUTHORIZED TO COMMENCE AN ACTION IN A COURT OF COMPETENT JURISDICTION FOR AN INJUNCTION TO PREVENT A VIOLATION OF THIS SECTION; AND/OR RECOVERY FOR DAMAGES TO THE WATER, WASTEWATER, OR ELECTRIC SYSTEMS RESULTING FROM A VIOLATION OF THIS SECTION; AND/OR RECOVERY FOR EXPENSES INCURRED BY THE CITY IN RESPONDING TO A VIOLATION OF THIS SECTION; AND/OR A CIVIL FINE OF UP TO ONE THOUSAND DOLLARS ($1,000) PER DAY FOR A VIOLATION OF THIS SECTION; AND/OR ALL OTHER DAMAGES, COSTS, AND REMEDIES TO WHICH THE CITY MAY BE ENTITLED; PROVIDING FOR PUBLICATION OF THE CAPTION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE FOR SECTION 26-126.2; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR AN EFFECTIVE DATE AS TO THE REMAINING PROVISIONS OF THIS ORDINANCE. 43. NO. 2002-317 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN THE FORM OF FIRST AMENDED TASK ORDER NO. 02-B WITH R. J. COVINGTON CONSULTING, LLC, FOR TRANSMISSION COST OF SERVICE AND EARNINGS REPORT FILINGS WITH THE PUBLIC UTILITY COMMISSION OF TEXAS RELATING TO DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE City of Demon City Council Minutes September 17, 2002 Page 12 EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 44. NO. 2002-318 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE DESIGNATION OF RATE STABILIZATION FUNDS TO MEET RATE COVENANT COVERAGE REQUIREMENTS REQUIRED BY BOND RATING AGENCIES. 45. Re-appointed Mayor Pro Tem Mark Burroughs to the North Central Texas Council of Governments Regional Transportation Council. 46. NO. 2002-319 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND WELLS FARGO BANK, NATIONAL ASSOCIATION FOR LEASE OF SPACE FOR THE ECONOMIC DEVELOPMENT DEPARTMENT AND PUBLIC TRANSPORTATION OFFICE; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 47. NO. 2002-320 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON FESTIVAL FOUNDATION AMENDING THAT CERTAIN AGREEMENT DATED JULY 23, 2002 FOR SUPPLEMENTAL FUNDING FOR THE 2003 DENTON ARTS AND JAZZ FESTIVAL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 48. NO. 2002-321 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A SERVICE AGREEMENT IN THE AMOUNT OF $3,000 BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY HISTORICAL MUSEUM, INC.; PROVIDING FOR THE EXPENDITURES OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 49. NO. R2002-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A FUNDING OBJECTIVE ENCOMPASSING THE FOLLOWING: "CREATE AND EXPAND MULTI-FAMILY HOUSING RECYCLING PROGRAMS THROUGHOUT THE REGION"; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS IN ALL MATTERS RELATED City of Denton City Council Minutes September 17, 2002 Page 13 TO THE APPLICATION; AND PLEDG1NG THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON, TEXAS WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. 50. NO. R2002-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ("NCTCOG") FOR A FUNDING OBJECTIVE ENCOMPASSING THE FOLLOWING: "EXPAND COMMERCIAL RECYCLING EFFORTS IN BUS1NESS AND GOVERNMENTS ACROSS THE REGION"; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY OF DENTON, TEXAS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED THE CITY OF DENTON, TEXAS WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 51. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas amending Chapter 35, Subchapter 7 of the City of Denton Code of Ordinances, "Denton Development Code," "Special Purpose and Overlay Districts" to add Section 35.7.6 "Historic Conservation Districts" providing for the creation of historic conservation overlay districts; providing for a penalty in the maximum amount of $2000.00 for each and every violation thereof; providing a severability clause; and providing for an effective date. Julie Glover, Main Street Manager, presented the details of the proposed ordinance. Eddie Martin, Assistant City Attorney, reviewed the changes made after the Council public hearing by the ad hoc committee formed by Council to review the ordinance. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Bernadette Johansson, 1926 North Bell, Denton, 76201 - favor of the concept but not in favor of the proposed ordinance Gary Haden, 2106 N. Bell Denton, 76209 - favor of the concept but not in favor of the proposed ordinance A comment card was received from Peggy Capps, 915 W. Oak Street, in favor of the ordinance. The Mayor closed the public hearing. City of Denton City Council Minutes September 17, 2002 Page 14 The following ordinance was considered: NO. 2002-322 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE", "SPECIAL PURPOSE AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.6 "HISTORIC CONSERVATION OVERLAY DISTRICTS" PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR EACH AND EVERY VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Fulton seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 52. The Council considered appointing a voting delegate and alternate voting delegate to the National League of Cities Annual Congress of Cities. Fulton motioned, McNeill seconded to nominated Mayor Brock as voting delegate and Mayor Pro Tem Burroughs as alternate voting delegate. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 53. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Phillips asked for a report on who would be responsible for the maintenance of the day laborer site after the present contract expired. B. Council Member Phillips asked for a report on the reconsideration of the zoning on the Bynum property on Oak Street. C. Council Member Phillips asked for a report on off-duty response time for on-call chiefs during off duty time D. Council Member Montgomery requested a report on the parking restrictions on Willowood Street. E. Council Member Redmon requested a meeting with Delta Lodge representatives, city staff, the police department and a non-quorum of council for airing of the proposal for Fry Street Fair City of Denton City Council Minutes September 17, 2002 Page 15 F. Council Member Redmon asked for a report on the budget strategy presented by the Fire Chief. 54. Items from the City Manager The City Manager reminded Council of the dedicated area on the City's web site for items of new business. 55. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 56. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:00 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS