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Minutes January 06, 2004CITY OF DENTON CITY COUNCIL M1NUTES January 6, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 6, 2004 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Kamp, McNeill, Montgomery, and Thomson. ABSENT: Council Member Redmon 1. The Council received a report, held a discussion and gave staff direction regarding proposed amendments to Sub-chapter 22 (Gas Well Drilling and Production) of the Development Code. (SI03-0024, Gas Well gmendments) Larry Reichhart, Assistant Director of Planning and Development, reviewed the specifics of the current regulations dealing with gas well development. He stated that a major issue from the gas well developers dealt with the requirement of a specific use permit. There was also an issue of water quality that was at a near impasse with the Planning and Zoning Commission. The Commission had requested that the Council consider hiring an outside source to review the proposed regulations to make sure they were stringent enough to protect water quality and the environment. The Commission would use these proposals as guidelines during the interim until the new regulations were approved. No gas wells would be approved in the floodway and the floodway fringe was being considered. The existing regulations also had no inspection regulations. Environmental monitoring and screening would be additional requirements included in the ordinance. A clarification of definitions would also be incorporated into the new ordinance for better interpretation of terms. Council Member Redmon arrived at the meeting. Council discussion included the following points: · If part of the purpose of the new regulations was to protect the watershed and water supply, were gas wells compatible with the floodway fringe? · Have the proposed regulations gone far enough to protect the watershed and water supply? · The proposed fees would cover the inspection and monitoring requirements. · Once a well was complete, the level of monitoring would be reduced. · City engineers and gas well developers had provided positive evaluations of the proposal. · There was no real sense to hire outside engineers to look at the proposal again. · A consideration was needed for the temporary nature of this business. Bob Cates, Lynx Oil Company, stated that as a representative of the gas developers, he was in favor of the proposed ordinance. Consensus of the Council was to not hire a consultant and to encourage the Planning and Zoning Commission to move forward with the public hearing and ordinance so that Council could approve final passage of the ordinance and get it in place. City of Denton City Council Minutes January 6, 2004 Page 2 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of January 6, 2004. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below. 1. Council considered the following in Closed Meeting: Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072, and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberated the potential purchase and/or value of real property interests for potential sites which will support a fire station, public safety training facility, and neighborhood or regional park facilities including that following real property: tracts within The Vintage development, located southwest of the proposed intersection of Vintage Boulevard and Bonnie Brae Road, and adjacent tracts to the south bordered by Allred Road, a 94 acre site along the east side of Country Club Road and bounded on the south by Hickory Creek Road, and a 9.84 acre tract along the north side of Airport Road, west of and adjacent to a 41.629 acre tract to the City of Denton recorded in Volume 516, Page 648 of the Deed Records of Denton County, Texas; which acquisitions would be for a public purpose. Receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition of such real property interests. Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Discussed and considered legal issues concerning the Specific Use Permit and performance standard requirements for gas wells in the floodplain, 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. Deliberations regarding economic development negotiations - Under TEXAS GOVERNMENT CODE Section 551.087. Deliberated and discussed commercial or financial information received from a business prospect and offers of financial or other incentives to the business prospect for the purposes of economic development negotiations with Teasley Partners, a Limited Partnership, regarding the construction of a mixed-use development consisting of retail, commercial and residential development generally located on the north side of I-35E between Teasley Lane and Fort Worth Drive. City of Denton City Council Minutes January 6, 2004 Page 3 Regular Meeting of the City of Denton City Council on Tuesday, January 6, 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 Alex Pettit, Director of Technology Services, presented the Digital Cities Award to the Council. Mayor Brock read a letter from the Mayor of the City of LaMarque, Texas regarding the recent Denton Ryan High School state championship football game. B. December Yard-of-the-Month Awards Mayor Brock presented the December Yard of the Month Awards to: Margaret and Bryant Scalf Bob and Cheryl Imsley Kirk and Cindy Simmons Paul and Janice Carr Water Smart Yard-Fox Electric 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. Dessie Goodson regarding constitutional rights and responsibility. Ms. Goodson made comments regarding Quaker Town and the events that took place during the moving of homes to Quaker Town 70 years ago. She felt that the city had violated her constitutional rights during her last arrest. 4. CONSENT AGENDA Burroughs motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes January 6, 2004 Page 4 A. Approved the minutes of November 18, 2003 and December 2, 2003. B. Approved a tax refund for the following property tax: Tax Name Reason Amount Year St~ Tit l~ ~glifogi~ Qvep~Bent 2 ~ 2004-001 - An ordinance of the City of Denton, Texas, amending Ordinance No. 2003-280 prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of Fire Fighter; providing a savings clause; providing a severability clause; and declaring an effective date. 2004-002 - An ordinance amending and superceding Ordinance No. 2002-408, declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring an easement in an approximate 8.91 acre tract or parcel of land for electric utility purposes being a part of the M.T. Cole Tract described in deed recorded in Volume 249, Page 387 of the Deed Records of Denton County, Texas, said property being located in the B.B.B. and C.R.R. Survey, Abstract No. 176, Denton County, Texas, and an easement in an approximate 16.30 acre tract or parcel of land for electric utility purposes being a part of the M.T. Cole Tract described in deed recorded in Volume 249, page 387 of the Deed Records of Denton County, Texas, said property being located in the J. Kjelberg Survey Abstract No. 1610, the J. Bacon Survey Abstract No. 1540, the I. Hembrie Survey Abstract No. 594, the J. Dalton Survey Abstract No. 353, and the I. Byerly Survey Abstract No. 1458, Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the property for 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 necessary for the public purpose of electric utility facilities and installation; declaring an effective date. (West Electric Project) R2004-001 A resolution of the City of Denton, Texas urging the Texas Transportation Commission to continue its strong and historic support for using Toll Credits in maintaining the existing system of public transportation in Texas; and providing an effective date. 2004-003 - 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 an electrical line, a portion of right-of-way and a storm drain across an existing TMPA Easement as part of the North Pointe Phase 3 improvements, located within two tracts of land situated in the T. Toby Survey Abstract Number 1288, City of Denton, Denton County, Texas and being a portion of a called 102.9 acre tract of land described in the Deed to Nicosia & 77, L.P. recorded in Volume 5144 Page 1032 of the Deed Records of Denton County, Texas and also being a potion of a the remainder of Tract 1 described in the Deed to Locust / 288 Partners, Ltd., recorded by County Clerk File Number 99- City of Denton City Council Minutes January 6, 2004 Page 5 R00025993 of the Real Property Records of Denton County, Texas; and providing an effective date. 2004-004 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of pad mounted distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3101 - Pad Mounted Distribution Transformers awarded to the lowest responsible bidder for each item in the estimated amount of $2,500,000). 2004-005 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of pole-mounted distribution transformers; providing for the expenditure of funds therefor; and providing an effective date (Bid 3102 - Pole-Mounted Distribution Transformers awarded to the lowest responsible bidder for each item in the estimated amount of $131,728). 2004-006 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of a 25 yard rear load refuse truck by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3128 - HGAC-Purchase of 25 Yard Rear Load Refuse Truck in the amount of $139,570). 2004-007 - An ordinance approving the expenditure of funds for the purchase of the Caterpillar Computer Aided Earthmoving System (CAES) software package 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 3123 - Purchase of a Computer Aided Earthmoving System to Holt CAT in the amount of $72,914). 2004-008 - An ordinance accepting competitive bids and awarding a contract for the purchase of a uniform rental service for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3109 - Uniform Rental Service awarded to G&K Services, Inc. in the estimated amount of $105,000). R2004-002 - A resolution of the joint position of the Cities of Denton and Lewisville, Texas regarding flexibility on the use of Section 5307 Transit Formula Grants; and providing an effective date. 5. PUBLIC HEARINGS amendments requirements, Preservation) The Council held a public hearing to receive comments regarding proposed to the City of Denton Development Code, setting forth definitions, permit standards, and an appeal process concerning tree preservation. (SI03-0012, Tree City of Denton City Council Minutes January 6, 2004 Page 6 Kelly Carpenter, Director of Planning and Development, stated that many of the individuals present tonight had been at prior Planning and Zoning Commission meetings to speak on the proposed ordinance. The purpose of this public hearing was to receive public comments regarding the proposed regulations. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Alan Bussell, 1621 Amanda Court, Ponder 76259 - opposed to the "vision" of the ordinance-it was a short-term vision, not one for the long-term future. Mike Cochran, 610 West Oak Street, Denton, 76201 - opposed to ordinance as written - tree sizes for when ordinance applied, limited list of trees to protect; language in criteria for appeals. Melissa Lindelow, 1717 Main Street, Dallas, 75201 - opposed - problems included preservation of trees began with 2" trees; certain species and certain sizes required 100% compliance, appeal process was a problem, and no cap on litigation - recommended a cap on the dollar amount; species list included trees that might not be desirable. Rick Baria, 5138 Edwards Road, Denton, 76208 - favor of the concept but details needed to be worked out - alternative site criteria might be proposed, species list too long. Chuck Carpenter, 1112 Pennsylvania, Denton, 76205 - Denton Chamber of Commerce- no official position but felt it was a complex issue to consider - proposed ordinance not conducive to economic development. Dorothy Damico, 1801 Panhandle Street, Denton, 76201 - favor of saving the Cross Timbers Forest, not all the burden for saving trees should be on developers and land owners- a good ordinance was needed to follow. Paul Cauduro, 5816 W. Plano Parkway, Plano, 75093 - favor of concept but proposed ordinance had flaws-include diagrams/examples in ordinance; permit process for removal; appeal process was cumbersome. Ron Slovacek, 318A Dallas Drive, Denton, 76205 - proposed ordinance had problems that would affect new developments; species list was poor; would also affect more than just new developments such as single lots currently not developed; Section 2b was too vague. Wayne Allen, 2541 West Windsor, Denton, 76201 -tree preservation ordinance should be combined with the Denton Development Code. George Mitchell, 2025 Georgetown, Denton, 76201 - favor of an ordinance to help keep the air clean. City of Denton City Council Minutes January 6, 2004 Page 7 Jay Thomas, 3301 Cooper Branch East, Denton, 76209 - felt proposed ordinance was a result of a reaction to the clear cutting of trees at the old Flow Hospital site - look for long-term solution and not short-term solution. Patrice Lyke, 1109 Egan, Denton, 76201 - favor of ordinance; trees were beneficial to value of homes, beneficial to quality of life. A Comment Card was received from Russell Bates, 1300 N. Locust, Denton, 76201, in opposition to the ordinance. The Mayor closed the pubic hearing. She indicated that no action would be taken at this meeting regarding the proposed ordinance. The Council was only receiving comments from the public. B. The Council held a public hearing and considered adoption of an ordinance amending Sub-Chapters 5 and 23 of the Development Code regarding movie theaters. The Planning and Zoning Commission recommended approval 7-0. (SI03-0023, Major Event EntertainmenO Larry Reichhart, Assistant Director of Planning and Development, stated that the proposed ordinance created a new movie theater category, movie theaters by right in a regional mixed-use activity center, movie theaters with specific use permits in certain areas, and provided definitions for major events. 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. 2004-009 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 5 (ZONING DISTRICTS AND LIMITATIONS) AND SUBCHAPTER 23 (DEFINITIONS) OF THE DENTON DEVELOPMENT CODE, PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (S103-0023) McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately .34-acre tract from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Neighborhood Residential Mixed Use - 12 (NRMU-12) zoning district. The property was generally located at the northwest corner of Emery Street and Ector City of Denton City Council Minutes January 6, 2004 Page 8 Street. The proposal was to construct a single-family home. The Planning and Zoning Commission recommended approval (6-1). (Z03-0028, 2004Emery StreeO Kelly Carpenter, Director of Planning and Development Services, presented the details of the proposal. A single family home was proposed for the site but current zoning did not allow for the development of the home. 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. 2004-010 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE-12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY .34 ACRE OF LAND LOCATED AT THE NORTHWEST CORNER OF EMERY STREET AND ECTOR STREET 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 AN EFFECTIVE DATE. (Z03-0028) Thomson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance concerning the rezoning of approximately 20.1 acres from Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), and Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning districts to approximately 10.7 acres of Neighborhood Residential Mixed Use (NRMU) and 9.4 acres of Neighborhood Residential Mixed Use 12 (NRMU-12) zoning districts. The properties, commonly known as 2500, 2520, 2528, 2605, and 2700 McKinney Street, were located along both sides of McKinney Street approximately 300 feet west of Bellaire and McKinney intersection. Neighborhood services were proposed. The Planning and Zoning Commission recommended approval (7-0). (Z03-0027, Oak Grove Commercial Developmen0 Kelly Carpenter, Director of Planning and Development Services, stated that these were several parcels on both sides of McKinney Street for proposed redevelopment. She clarified the staff report that indicated that the proposed zoning change was not in compliance with the Denton Development Plan. The zoning categories were in compliance with the land use shown on the Denton Plan but not in compliance with particular zoning categories chosen. City of Denton City Council Minutes January 6, 2004 Page 9 Council discussion included concerns regarding strip developments on a large scale, concerns that multi-family might be built as it was allowed in the proposed zoning category, and a possible business park for the area instead of apartments. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Lee Allison, Isabel Engineering - favor Vicki Oppenheim, Isabel Engineering - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-011 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3), NEIGHBORHOOD RESIDENTIAL 4 (NR-4), AND NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU-12) AND NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZON1NG DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR APPROXIMATELY 20.1 ACRES OF LAND COMMONLY KNOWN AS 2500, 2520, 2528, 2605, AND 2700 MCKINNEY STREET AND GENERALLY LOCATED ALONG BOTH SIDES OF MCKINNEY STREET APPROXIMATELY 300 FEET WEST OF BELLAIRE DRIVE AND MCKINNEY STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0027) Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance allowing the City Manager to execute a Non-drill Site/Pooling Agreement with Lynx Oil Company, Inc. for 50% of the mineral interest for 10.475 acres of Vintage Parkway east of 1- 35W in the City of Denton, Texas; and providing an effective date. Dottie Palumbo, Assistant City Attorney, presented the details of the proposal. Only one bid had been received but there were good conditions associated with the bid terms. The Mayor opened the public hearing. No one spoke during the public hearing. City of Denton City Council Minutes January 6, 2004 Page 10 The Mayor closed the public hearing. The following ordinance was considered: No. 2004-012 AN ORDINANCE ALLOWING THE CITY MANAGER TO EXECUTE AN OIL AND GAS NON-DRILL SITE/POOLING AGREEMENT FOR A NON-DRILLING SITE/POOLING AGREEMENT OIL AND GAS LEASE AGREEMENT FOR THE 10.475 ACRES OF VINTAGE PARKWAY RIGHT-OF-WAY; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "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 establishing an economic development program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Teasley Partners, Ltd. regarding the development of approximately 65 acres of land located on the north side of 1- 35E between Teasley Lane and Fort Worth Drive in the City of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. Linda Ratliff, Director of Economic Development, presented the details of the proposal. This was a 65-acre mixed- use development located between Teasley Lane and Fort Worth Drive. The proposal provided for a lA cent rebate on sales tax to encourage development of infill of the site. Existing businesses at the location would not be included in the rebate; only the new retail sites would be eligible. The following ordinance was considered: NO. 2004-013 AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUS1NESS ACTIVITY IN THE CITY OF DENTON; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH TEASLEY PARTNERS, LTD. REGARDING THE DEVELOPMENT OF APPROXIMATELY 65 ACRES OF LAND LOCATED ON THE NORTH SIDE OF 1- 35E BETWEEN TEASLEY LANE AND FORT WORTH DRIVE IN THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes January 6, 2004 Page 11 Burroughs motioned, Thomson seconded to adopt the ordinance with the condition that Exhibit C be amended by staff to accommodate and incorporate the urban design demonstrated during the Closed Session. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance amending ordinance No. 2002- 018 and Section 2-29 of the City Code relating to the Rules of Procedure to clarify Section 6.5(2-29(f)(5)) "Time Limits"; providing a savings clause; and providing an effective date. The following ordinance was considered: NO. 2004-014 AN ORDINANCE AMENDING ORDINANCE NO. 2002-018 AND SECTION 2-29 OF THE CITY CODE RELATING TO THE RULES OF PROCEDURE TO CLARIFY SECTION 6.5(2-29(F)(5)) "TIME LIMITS"; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered approval of a resolution of the City Council of the City of Denton, Texas calling for the City of Denton, Texas to take a leadership role in assisting the North Texas region in attaining federal clean air standards for ozone by reducing emissions from its diesel-fueled vehicles and equipment and by incorporating further energy efficiency measures in its buildings and facilities; calling for the City of Denton, Texas, in addition to meeting the requirements of existing state law, striving to reduce electricity consumption rates from its existing buildings and facilities by at least fifteen (15%) percent from a baseline of August 1999; calling for the City of Denton, Texas to either amend existing or enacting new ordinances which will result in reductions of emissions from diesel-fueled vehicles in both the public and private fleets and which will result in the application of more energy efficiency measures in public and private buildings and facilities; calling for the City of Denton, Texas to use the attached listing of control measures as a guidance document in its action strategies; and providing an effective date. Catherine Barnett, Utilities Special Projects Coordinator, presented the details of the proposal dealing with the reduction of air pollution, reduction of electricity consumption rates, reducing emissions from diesel fueled vehicles and action strategies. The following resolution was considered: NO. R2004-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALLING FOR THE CITY OF DENTON, TEXAS TO TAKE A LEADERSHIP ROLE IN ASSISTING THE NORTH TEXAS REGION IN ATTAINING FEDERAL CLEAN AIR STANDARDS FOR OZONE BY REDUCING EMISSIONS FROM ITS DIESEL- FUELED VEHICLES AND EQUIPMENT AND BY INCORPORATING FURTHER City of Denton City Council Minutes January 6, 2004 Page 12 ENERGY EFFICIENCY MEASURES iN ITS BUILDINGS AND FACILITIES; CALLING FOR THE CITY OF DENTON, TEXAS, IN ADDITION TO MEETING THE REQUIREMENTS OF EXISTING STATE LAW, STRIVING TO REDUCE ELECTRICITY CONSUMPTION RATES FROM ITS EXISTING BUILDINGS AND FACILITIES BY AT LEAST FIFTEEN (15%) PERCENT FROM A BASELINE OF AUGUST 1999; CALLING FOR THE CITY OF DENTON, TEXAS TO EITHER AMEND EXISTING OR ENACTING NEW ORDINANCES WHICH WILL RESULT IN REDUCTIONS OF EMISSIONS FROM DIESEL-FUELED VEHICLES IN BOTH THE PUBLIC AND PRIVATE FLEETS AND WHICH WILL RESULT IN THE APPLICATION OF MORE ENERGY EFFICIENCY MEASURES IN PUBLIC AND PRIVATE BUILDINGS AND FACILITIES; CALLING FOR THE CITY OF DENTON, TEXAS TO USE THE ATTACHED LISTING OF CONTROL MEASURES AS A GUIDANCE DOCUMENT IN ITS ACTION STRATEGIES; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Thomson seconded to approve the resolution. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Thomson nominated Don Smith to the Airport Advisory Board. Mayor Brock nominated Angela Vanecek to the Animal Shelter Advisory Board. Council Member Montgomery nominated Joella Orr to the Animal Shelter Advisory Board. Council Member Kamp nominated Marilyn Wells to the Animal Shelter Advisory Board. Council nominated Ron Aldridge to the Community Development Advisory Committee. Council Member Kamp nominated Chuck Smith to the Parks, Recreation and Beautification Board. Council Member Montgomery nominated Cecil Adkins to the Zoning Board of Adjustment. Mayor Brock nominated Sheila Hailey to the Denton Housing Authority. Montgomery motioned, McNeill seconded to suspend the rules and vote on the nominations at this meeting. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. New Business The following item of New Business was suggested by a Council Member for a future agenda: City of Denton City Council Minutes January 6, 2004 Page 13 1. Council Member McNeill requested information regarding House Bill 136 relative to ad valorem taxes. F. Items from the City Manager 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 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. With no further business, the meeting was adjourned at 8:30 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS