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Minutes March 03, 1998 CITY OF DENTON CITY COUNCIL MINUTES March 3, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, March 3, 1998 at 5:45 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Young and Durrance. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Considered strategy and discussed status of case with City Attorney in litigation styled Denton County Historical Museum, Inc. v. Denton County, Texas and City of Denton, Texas, et al., Cause No. GC-98-00098-C filed in the Probate Court of Denton County, including, but not limited to issues related to allegations of breach of contract and ownership of artifacts. B. Conference with Employees—Under TEX. GOV’T. CODE Sec. 551.075. The Council received information from employees or question employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, March 3, 1998 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Young and Durrance. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PRESENTATIONS/AWARDS 2. March Yard of the Month Awards Mayor Miller presented the March Yard of the Month awards to: Rod & Jeanne Wiley Joe & Lisa Meritt Mack Park Apartments - Business Award Salon 114 - Downtown Business Award 3. Proclamations Mayor Miller presented the following proclamations: City of Denton City Council Minutes March 3, 1998 Page 2 Professional Social Work Centennial Month Redbud Arbor Day 4. The Council considered approval of a resolution of appreciation for Mark Boyd. Beasley motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously. CITIZEN REPORTS 5. The Council received a report from Rebecca Parker regarding an exception to the City ordinance to allow hay and sudan to be grown within the city limits on agricultural zoned property and to further define wildscaping within the city limits. Ms. Parker stated that Article III dealing with grass and weeds and height limitations, provided an agricultural exception to the rule to keep grass under a height on 12". Hay was included as an agricultural crop in Denton County and on the federal level. It was also considered a crop through the Natural Conservation Service. Her proposal was to make the consideration that hay and sudan were crops with respect to the height limitation. There could be a stipulation between a vacant lot and a productive pasture land. Council Member Durrance expressed a concern that someone could use that for an excuse to not mow his yard. He questioned what safeguards Parker proposed against that. Parker stated that a one acre tract could be very productive. She could help build parameters for an ordinance. 6. The Council received a report from Nell Yeldell regarding changing addresses on property. Ms. Yeldell was not present at the meeting. 7. The Council received a report “sing along with Ross” from Ross Melton regarding street lights. Mr. Melton stated that he had seen street lights on after he had reported them to the city. He felt it was incompetence that the City could not get these taken care of. He also felt that the letter and spirit of the Constitution was not adhered to at the City. The trash and debris ordinance was illegal. He offered to fix the lights himself. NOISE EXCEPTIONS 8. The Council considered a request for an exception to the noise ordinance for the Denton rdth County Unit of the American Cancer Society’s Relay for Life on April 3 and 4 from 10:00 p.m. to 7:00 a.m. City of Denton City Council Minutes March 3, 1998 Page 3 Jennifer Goodman, Management Assistant, stated that this request was for April 3rd and 4th by the American Cancer Society. Teams walk the track at UNT with other events happening at the same time. The main source of music would be from speakers on a stage. The event was held last year with no problems. Brock motioned, Young seconded to approve the request. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously. CONSENT AGENDA Brock motioned, Beasley seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously. 9. Approved a tax refund to Lisa R. Kennon for $627.21 due to a double payment to account. 10. NO. 98-047 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF THE LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A IN THE AMOUNT OF $1,550,055.68; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2165 – Landfill Expansion Phase I Construction Permit 1590A) 11. NO. 98-048 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A MOBILE TROMMEL SCREEN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2163 – Mobile Trommel Screen to Power Screen of Texas in the amount of $120,000.00) 12. NO. 98-049 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR THE ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2166 – Water Treatment Chemicals – various suppliers estimated expenditure $450,000.00) 13. NO. 98-050 AN ORDINANCE APPROVING THE PURCHASE OF AND PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE SOLE SOURCE ACQUISITION OF TWO (2) HELMET MOUNTED THERMAL IMAGING SYSTEMS; AND PROVIDING AN City of Denton City Council Minutes March 3, 1998 Page 4 EFFECTIVE DATE. (PO #83109 – Cairns & Brother, Inc. for $50,700.00) 14. NO. 98-051 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (Texas Industries for the Blind and Handicapped–Easter Seals Society; Parks Restroom Cleaning, $18,935.00) 15. NO. 98-052 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (Texas Industries for the Blind and Handicapped–Easter Seals Society; Parks Litter Cleaning, $18,579.98) 16. Approved adoption of the ordinances and interlocal ambulance agreements between the City of Denton and the: NO. 98-053 City of Argyle NO. 98-054 City of Corinth NO. 98-055 City of Hickory Creek NO. 98-056 City of Krum NO. 98-057 City of Lake Dallas NO. 98-058 City of Ponder NO. 98-059 City of Sanger 17. NO. R98-012 A RESOLUTION AND APPROVAL OF AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY. 18. NO. 98-060 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH REED CONSULTING GROUP PROVIDING FOR CONSULTING SERVICES RELATED TO ELECTRIC RESTRUCTURING; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (The Public Utilities Board recommended approval 4-0.) City of Denton City Council Minutes March 3, 1998 Page 5 19.NO. 98-061 AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 3 “AIRPORTS” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR THE SPONSORSHIP OF AIRSHOWS; PROVIDING FOR EXCEPTIONS TO REGULATIONS PROHIBITING THE SALE OF REFRESHMENTS, AEROBATIC FLYING AND SKYDIVING WHEN SUCH ACTIVITIES OCCUR AT AN AIRSHOW; PROVIDING REQUIREMENTS FOR PARTICIPATING IN AIRSHOW; PROVIDING A PENALTY IN THE AMOUNT OF $500;.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING 20. The Council held a public hearing and considered approval of a Detailed Plan to allow the development of multi-family residential uses in a planned development district (PD-41). The proposed development would create 250 multi-family residential units on an 11.4951 acre tract located south of McKinney Street, between Loop 288 and Mayhill Road. (Z-98-004) (The Planning and Zoning Commission recommended approval 5-0.) Dave Hill, Director of Planning and Development, stated that the applicant was requesting that the planned development be approved. The development would create 250 multifamily residential units. The entire tract was 35.7 acres. As result of the park dedication ordinance and negotiations with the developer, approximately 24.5 acres would be dedicated to the city as a park. The Planning and Zoning Commission recommended approval. Twenty one property owners were notified of the application. Extra notices were mailed out as there seemed to be some properties that were very close to the 200' line. One response was received in support and one in opposition. Approval of the detailed plan would complete the zoning process as the preliminary plan had previously been approved by the Planning and Zoning Commission. The landscape plan would exceed the proposed landscape requirements. Required transportation improvements included the construction of right and left hand turn lanes into the site and improvements to Mayhill near Ryan High School. Council Member Young asked about a traffic study. Hill stated that there were recent traffic counts but no actual levels of service for the intersections. The average daily count through McKinney was 17,000 vehicles and on the other side of McKinney was approximately 18,000 vehicles. Loop 288 had 25,000 vehicles. Council Member Young asked how children would walk to schools and stores in the area. Hill stated that this development was not treated any different than any other apartment complex as in other parts of the city. There would be required sidewalks as shown on the plat. Rick Svehla, Deputy City Manager, stated that the part of the site that would be developed did not touch another street. If someone wanted to cross the street, he should do so at the signal. There were pedestrian indications at both intersections which would tell someone when to cross the street. Council Member Cochran asked if Dutchess Drive would be completed. City of Denton City Council Minutes March 3, 1998 Page 6 Hill stated that a large portion of the site was dedicated park land. The end of the development was the end of Dutchess Drive. After that, it was city property. Council Member Kristoferson stated that there was light industrial zoning on every side of this proposal. The 1988 Denton Development Plan redesignated this area as a low intensity area. She questioned if that designation intent was overlooked. Hill stated that the proposed detailed plan was consistent with the concept plan and the presumption was that the zoning was in place. The detailed plan was then evaluated on the merits of the details. The zoning was already in place. Council Member Kristoferson asked which type of zoning would be better given the current situations - residential or light industrial. Hill stated that it would depend on the use of the property. If the thought was for the highest and best use of the land he did not think any other type of residential property would fit with light industrial zoning. The Mayor opened the public hearing. James Driskel stated that he managed another multi-family affordable housing development in Denton. The proposal would be no different from any other type of multifamily housing. This development would be designated for those who made 60% of the median income of the Dallas MSA. The intention was to provide quality affordable housing to those who could not afford something else. There was a need in the City for affordable multihousing. The units would have a club house area with a swimming pool, volleyball court, and two playgrounds. This would be a quality product that would provide a solution for the city. As many of the buildings as possible would be located behind the park area in order to benefit the residents as well as the community. He asked Council to approve the detailed plan for the proposal. David Biles stated that the proposal exceeded the landscape and park dedication ordinances. An objective of the Engineering Department was to avoid as many interruptions on McKinney as possible Originally the driveway into the complex was designed to be on McKinney. The Engineering staff felt that Dutchess Drive would be better to use than McKinney. It was intended that Dutchess Drive would continue to Loop 288. One problem was what the State was going to do with Loop 288. A second problem was that Pecan Creek was near where Dutchess joined Loop 288. Once the land was given to the city, the city would have the freedom to develop the land and move the street where necessary. The site was already zoned multi-family. Council was considering a detailed plan to make sure it conformed to multi-family zoning. With the development of Lot 1, Lot 2 would be entirely dedicated to the City. There were seven acres of good land for the development of a park. Kent Key stated that he owned the property across the street. He explained the surrounding zoning of the property. He indicated that he was in favor of the proposal and felt it was the best use of the property. The Mayor closed the public hearing. City of Denton City Council Minutes March 3, 1998 Page 7 Council Member Beasley stated that originally she had concerns about traffic on McKinney but liked that fact that this would be the first use of the park dedication ordinance. The City would receive good land for a park. The following ordinance was considered: NO. 98-062 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A DETAILED PLAN FOR 11.49 ACRES OF LAND, BEING A PORTION OF A PLANNED DEVELOPMENT DISTRICT (PD-41), LOCATED SOUTH OF EAST MCKINNEY STREET, BETWEEN LOOP 288 AND MAYHILL ROAD; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to adopt the ordinance. Mayor Pro Tem Brock felt that given what was already approved, this was a good use of the area and she liked the dedication of park land. Council Member Young stated that he had original concerns about traffic but felt that other development in the area would help with the traffic. This was a well developed plan. There was a pressing need for affordable housing in Denton. He hoped that the City would develop the other end of road as soon as possible. Council Member Cochran stated that the dedication of park land and the use of affordable housing was great. There were, however, overriding issues that he could not balance out. One was the traffic issue. Traffic was a mess in the area and this project would generate a lot of traffic and would not help the situation in the area. Many children would be living in this development with a difficult road to cross. He did not feel that one way in- one way out was appropriate for the development. Council Member Kristoferson did not feel this was the highest and best use of the land. Traffic was terrible in this location and the proposed development would not help that problem. Mayor Miller indicated that he would support the proposal. Traffic was a problem but there was a need to differentiate between certain types of infrastructure. There was a need to have development in order to afford the infrastructure. This proposal addressed high quality accommodations for those not able to afford better housing. On roll vote, Beasley “aye”, Kristoferson “nay”, Cochran “nay”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote. 21. The Council held a public hearing and considered adoption of an ordinance replacing Chapter 31 “Landscaping, Screening and Tree Preservation” of the Code of Ordinances of the City of Denton relating to the draft Interim Landscape Ordinance; providing a criminal penalty in an amount not to City of Denton City Council Minutes March 3, 1998 Page 8 exceed $500.00 for each violation thereof; providing a civil penalty not to exceed $1,000.00 for each day of violation thereof; providing a severability date; providing a savings clause; and providing an effective date. Dave Hill, Director of Planning and Development, stated that two City Council Work Sessions had been held regarding this item. Revisions had been made since those sessions in an attempt to refine the ordinance. One such revision was the inclusion of an artificial lot line that would allow for alternative compliance for large lots that would not be fully developed. There was a change in the effective date to May 1, 1998. The 20-20 rule which would reserve 20% of the total site area for planting and 20 trees per acre would remain in tact in the draft. The monarch tree designation had been extensively changed. Staff worked with the Tree Board to make changes. The suggestion was to use the Texas Forest Service Big Tree Registry. Monarch trees would be designated either during landscape plan review by the Director or by other individuals. In order to be eligible for nomination, the tree would have to be 50% of the size listed in the most current edition of the Big Tree Registry if it had proper designation in the selected species list. Any other tree that reached 75% of diameter of the same species in the Registry would also be eligible for nomination. Council Member Cochran stated that the Big Tree Registry was state-wide and some trees grew bigger in other areas of the state. Hill stated that the percentage number could be changed as Council desired. This would be the starting point for nomination and other factors would be considered. Irrigation was not required but advisory language indicating the critical need for watering would be included in the ordinance. Single family home owners could claim a pre-construction exemption from the ordinance if their status of ownership/occupants of the home was verified after completion of construction. Hill showed visuals of the proposed artificial lot lines and the effect of the ordinance on current proposals. Council Member Young asked if a developer built 200 houses would he have to meet the 20-20 rule on all of the homes. Hill stated that the developer would first select the land to develop and then inventory the existing trees. The developer would then decide on landscaping to comply with the ordinance. With multi- family and single family development, the 20% was not a problem. Council Member Young asked why trees were required even if the purchaser did not like the trees. He suggested that the individual be allowed to purchase his own trees. Hill stated that some type of escrow might be established in order to make sure the trees were built. Council Member Young felt that there was a flaw in the ordinance. Why make the developer go through the expense if the homeowner did not like the trees. Hill stated that the basic premise behind the ordinance was that the time when trees were clear cut or when mass grading took place was when subdivision improvements were made or during home construction. Experience indicated that in the majority of cases, individuals would keep the trees and even plant more. The proposal was to not enforce the ordinance with residential homes. When a City of Denton City Council Minutes March 3, 1998 Page 9 homeowner moved into the home, the city no longer had responsibility for the trees. There was an escrow account allowed for the planting of trees after occupancy. Mayor Pro Tem Brock asked about species diversity. If all of the existing trees were of one species, would that conflict with species diversity. Hill stated that the intent would be to give full credit for all trees. Language could be written to make sure there was not a conflict. Council Member Kristoferson asked about street trees. If there were residential streets that would not be built right away or a business under street repair, would there be an escrow account for those trees. Hill stated that an escrow arrangement could be worked out but that it would not last forever. The use of the escrow could be triggered by the return and completion of the street tree section. Council Member Cochran asked about the species list. He suggested listing the common name as well for the trees on the list. Hill stated that the intent was not to limit the kind of trees allowed. Council Member Young asked about the requirements for landscaping a parking lot. Hill stated that the parking space could be no more than 50' from the trunk of a tree. There was a way of measuring trees so that they would be evenly distributed around the parking lot. This might require a larger site to develop properly. The Mayor opened the public hearing. Dave Noble stated that Trammell Crow was pro-Denton. They wanted to keep the energy going but also keep the vision of Denton. He felt there was confusion with the 20-20 rule and that the ordinance needed a few amendments. One amendment was to take a percentage ruling minus the pad site of the buildings and then overlay the 20% landscape rule. That would be a good general base and then overlay that with a tree per parking ratio. Their recommendation would be one tree per 20 car spaces. They were also suggesting including irrigation of the site. They supported the street trees. Trammel Crow was in general support of what was proposed. They suggested looking at the general cost of the whole development. Council Member Kristoferson stated that the proposed ordinance indicated that as long as the 20-20 rule was in effect, it did not matter where the trees were placed. She questioned if an outside individual interpreted it in that same manner. Cliff Mycoskie stated that there would have to be 20 trees per acre as written but could be in the parking lot, etc. Hill stated that no matter whether there were parking lot trees or not or street trees, all would be counted toward the 20-20 rule. City of Denton City Council Minutes March 3, 1998 Page 10 Council Member Beasley asked how many cities had a 20-20 rule. Hill stated that the back-up materials included a list of cities that compared in the landscaping ordinance. The ordinances did not always add up to what the total impact was. Staff took a best estimate of where cities would lie in comparison. Cliff Mycoskie stated that Trammel Crow would prefer land area requirements that had a minimum of 20% of land area net the proposed building area. Consideration should be given to allow tree credits for right-of-way trees. If not, the developer would take them down. Schools and churches needed to be included in the ordinance. As it was currently written, it was not clear whether or not they were included. All parking lots should comply with the ordinance. More space should be allowed between the trees so as to cluster the trees together. There should be an easy appeal process to allow for a substitute plan. He also suggested a prohibited list of trees that would not satisfy the list. Council Member Beasley asked if schools could be required to have landscaping. City Attorney Prouty stated that churches could be required, but schools were questionable. There were Attorney General opinions and one case that indicated depending on it was viewed, whether a zoning or subdivision regulation, schools might not have to comply. The way it was proposed was that it was more of a subdivision regulation as opposed to zoning regulation. Kent Key stated that he could not support the ordinance. Twenty trees per acre was a burden to developers. He suggested relooking at the ordinance and not pass it as was currently proposed. He did not feel it was right to tell an individual he had to have trees on a lot. Mayor Pro Tem Brock stated that trees affected the value of the community. If Denton was going to be compared as a “quality” community, the Council needed to decide whether it was going to have standards for a “quality” community. Council Member Young felt that government did not have the place to tell private citizens what kind and how many trees to have on a lot. Commercial development might be different but it should not do be done with a residential development. Robert Barland stated that he wanted quality building, good irrigation and good trees. He agreed with increasing the standards and the intent of ordinance. He recommended tabling the ordinance. Craig Irwin stated that he was not opposed to the ordinance but he would like to see the 20-20 rule adjusted. He suggested a time period to take effect, perhaps 6 months from date of passage. This would give developers time to determine the impact of the regulations on a development and would provide a time span for implementation. Jack McFarland asked if it would affect the ETJ. Mayor Miller stated that it was only in the city limits. Scott Richer felt that it would be a financial burden to new homeowners to have to plant trees when just buying a home. City of Denton City Council Minutes March 3, 1998 Page 11 Mayor Miller indicated that he had the following speaker cards: Anthony Jaecques Owen Yost Shirley Haisler Chuck Carpenter Andy Sitzer Jeff Kittleson Dylan Bath The Mayor closed the public hearing. Council Member Young felt that Council should not pass the ordinance at this point in time. There was a need to work out further details and felt that it should be tabled at this time. Council Member Cochran suggested considering it again at a work session to consider some of the proposed amendments. Young motioned, Cochran seconded to postpone consideration for further study. Council Member Beasley stated that she was not comfortable whether 20-20 was excessive. She felt most of the ordinance was very good. Some of her concerns were already addressed in the revised ordinance. Mayor Miller stated that he would agree to postpone consideration. He was concerned about residential property. He suggested modifying the residential requirements to protect what was already there and encourage the planting of more trees. Mayor Pro Tem Brock wanted to consider the parking lot suggestions such as clustering the trees in a parking lot. She also liked the distribution of trees along the front of the development. Council Member Durrance stated that he would be voting against the motion. There had been many considerations of the ordinance. The ordinance did not exempt schools and churches. Council had been given examples of how it would affect internal and external trees. The 20-20 rule was because the City had good neighborhoods and that was the way the City wanted to keep them. It was necessary to examine the goals the Council was trying to accomplish. This ordinance would be a good starting point and could be amended later if desired. The Council also needed to consider what was wanted for infill in the community. The amendments proposed to the ordinance were good ideas and could be incorporated at a later date. He urged the Council to go forward with the present proposal. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “nay”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. ITEMS FOR INDIVIDUAL CONSIDERATION 22. The Council consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 815 North Locust Street as a historic landmark under Section 35-215, Article V of City of Denton City Council Minutes March 3, 1998 Page 12 Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. (HLC recommended approval 6-0; P&Z recommended approval 7-0.) This item was pulled from consideration. 23. The Council considered adoption of an ordinance of the City of Denton, Texas, designating the property located at 821 North Locust Street as a historic landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. (HLC recommended approval 6-0; P&Z recommended approval 6-1.) This item was pulled from consideration. 24. The Council considered nominations/appointments to City’s Boards and Commissions. Council Member Young nominated Tony Reece to the Zoning Board of Adjustment. 25. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 26. New Business The following items of new Business were suggested by Council for future agendas: A. Council Member Young asked that staff follow up on the report regarding growing hay and sudan in the city limits. 27. There was no continuation of Closed Meeting under Sections 551-071–551.085 of the Texas Open Meetings Act. 28. The following official action was taken on Closed Meeting items held under Section 551-071– 551.085 of the Texas Open Meetings Act. Durrance motioned, Brock seconded to give the staff and the City Attorney direction pursuant to the discussion during Closed Meeting. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Brock “aye”, and Mayor Miller “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 11:15 p.m. ____________________________ Jack Miller, Mayor City of Denton, Texas City of Denton City Council Minutes March 3, 1998 Page 13 _____________________ Jennifer Walters City Secretary City of Denton, Texas