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