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1978-04-03 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING April 3, 1978 COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor George G. Grimmer - Bill Binford Mayor Pro Tem Bill Binford - Ken Ouevreaux Councilmen: Fred Johnson Ken Ouevreaux Gene Matthews The following member of the City Council was absent: Councilman John Dodd The absence of Councilman Dodd was recognized and excused because he was out of the city on business. The following members of the City Administration were present: City Manager Paul M. West City Attorney John Boyle City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of April 3, 1978 to order at 7:30 P.M.. AGENDA ITEM NO. A.1 -INVOCATION Rev. Walker Railey, o Christ United Methodist church, gave the invocation. AGENDA ITEM NO. A.2 -APPROVAL OF MINUTES After due consideration, a motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", approved the minutes of the City Council meeting of March 20, 1978 as submitted. AGENDA ITEM NO. A.3 -CANVASS ELECTION RETURNS' OF CITY COUNCIL ELECTION OF APRIL 1, 1978. Mayor Grimmer declared that one copy of the returns of the City Election of April 1, 1978 for Mayor, Councilmen Places 2 and 4, a poll list and tally list were delivered to him and has been in his possession until the present time. Mayor Grimmer gave the results of the election. The following number of votes were cast for the following named candidates for the office of Mayor, to-wit- Name Number of votes Bill Binford 1268 John D. Dodd 9I_7 Vol. 29, Page 17. The following number of votes were cast candidate for the office of Councilman, Name Fred 12. Johnson The following number of votes were cast candidates for the office of Councilman, Name for the following named Place 2, to-wit: Number of Votes 1259 for the following named Place 4, to-wit: Number of Votes Sue Goodwin 546 Jack M. Pugh _1T Carol Dingman 5T~ Patrick Haggerty _Z75- A motion by Councilman Quevreaux, a second by Councilman Matthews, all voting "aye", passed the election order declaring that Bill Binford having received a majority of the votes cast for the office of Mayor to be elected to said office to serve after qualifying until the regular municipal election of 1980, and until his suc- cessor shall have been elected and shall have qualified; and, declaring that Fred M. Johnson having received a majority of the votes for the office of Councilman, Place 2, to be elected to said office to serve after qualifying until the regular municipal election in 1980, and until his successor shall have been elected and shall have qualified; and,appearing that no candidate received a majority of the votes cast for the office of Councilman, Place 4, a run-off election shall be necessary. Mayor George Grimmer administered the oath of office to Bill Binford as Mayor of the City of Farmers Branch. Mayor Binford administered the oath of office to Councilman, Place 2, Fred M. Johnson. AGENDA ITEM NO. A.4 -CALLING COUNCIL RUN-OFF ELECTION A motion by Councilman Johnson, a second by Counci man Quevreaux, all voting "aye", passed an order calling a special run-off election for the election of one Councilman, Place 4, on April 15, 1978 which will be between Pat Haggerty and Carol Dingman. AGENDA ITEM NO. B.1 - PRESENTATION TO MAYOR GEORGE GRIMMER. Mayor Bin ford presented certificates to Ex-Mayor Grimmer for having served as Councilman from June 5, 1967 to October 6, 1969 and Mayor from October 6, 1969 to April 3, 1978. The gavel which Mr. Grimmer used while being Mayor had been mounted on a plaque and presented to him. Mayor Binford also presented a watch to Mr. Grimmer. These presentations were given to express appreciation to Mr. Grimmer for having served the community. Vol. 29, Page 18. AGENDA ITEM NO. CA -ELECT MAYOR PRO TEM. A motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", elected Councilman Ken Quevreaux as Mayor Pro Tem. AGENDA ITEM NO. C.2 PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR A MR. GETTI S RESTAURANT IN A PD-14 MF-2, 0 ZONING DISTRICT. REQUESTED BY EXECUTIVE SYSTEMS INC. FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF TREEVIEW LANE AND INTERSTATE HIGHWAY 635E. Mayor Bin or explained that t is item had been withdrawn from the agenda at the request of Executive Systems Inc. AGENDA ITEM NO. C.3 PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC E PER IT SHOULD BE ISSUED F N EL CHICO RESTAURANT IN A PD-14 1`TF- ,0 ZONING DISTRICT. REQUESTED BY EXECUTIVE SYSTEMS INC. FOR THE PROPERTY LOCATED T THE NORTHWEST CORNER OF TREEVIEW NE AND INTERSTATE HIGHWAY 635E. Mayor Bin or exp acne that this item had been withdrawn from the agenda at the request of Executive Systems Inc. AGENDA ITEM NO. CA PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC AGENDA ITEM NO. C.5 PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR GENERAL BUSINESS SIGNS'IN A PD-1 (O) ZONING DISTRICT. ,UESTED "B BROOKHAVEN DIC L PL Z FOR THE PROPERTY LOCATED AT 12110 WEBBS CHAPEL ROAD. Mayor Bin or opened the public hearing to consider the request of Brookhaven Medical Plaza, Phase III, for the erection of general business signs identifying the building on the west and south walls of the three story building, and a small general business sign to be placed on the ground near the entrance to the parking lot of the three story building at the northwest corner of the building. Mr. Randy Kon of Brookhaven Medical Plaza was present in behalf of the request. Mr. Kon described the proposed signs. The sign to be placed on the south side of the building will be 16" high and located on the top facial part of the building with the letters, "Brookhaven Medical Plaza East I The sign to be placed on the west wall side will be 6" high with lettering "Brookhaven Apothecary" over a drive-in window. The sign that is to be located to the northwest of the building is a free standing landscape indentifica- tion sign. Mayor Binford asked if there was anyone present wishing to speak in favor or in opposition to the request? No one spoke. A motion by Councilman Matthews, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. Vol. 29, Page 19. AND INTERSTATE HIGHWAY 635E. Mayor Binford explained that this item had been withdrawn from the agenda at the request of El Chico Restaruants - 88 Club Inc. A discussion was held between the members of the Council and Mr. Kon concerning tenant signs. After more discussion, Councilman Quevreaux made a motion that instructed the City Administration to draft an ordinance allowing the ground sign and the sign on the south side wall of the three story building; which ordinance would not allow the apothecary sign on the west side as requested. Councilman Matthews seconded the motion. The motion carried with all voting "aye". AGENDA ITEM NO. C.6 -DISCUSS RELOCATION OF STORYBOOK PARK AS REQUESTED BY THE PARK BOARD. Mayor Binford stated that the Park and Recreation Board recommended the Council to consider the removal of the Storybook Land Playground on Golfing Green Drive east of Josey Lane. A report submitted by the Administration on possible solutions to correct problems associated with Storybook Land Playground was reviewed and discussed by the Council. After more discussion, Councilman Johnson made a motion that the City Administration remove the playground equipment from Storybook Park, relocating the swings to the Rawhide Park west of the Library, and placing the balance of the equipment in Jaycee Park. Councilman Ouevreaux seconded the motion. The motion carried with all voting 'aye". AGENDA ITEM NO. C.7 -CONSIDER PASSING AN ORDINANCE ESTABLISHING GUIDELINES FOR DEVELOPING PROPERTY IN THE FLOOD PLAIN. Mayor Binford stated that this item was on the agenda for the last Council meeting. At the request of the Council the item was placed on this agenda. Indication from the Administration is that the differences have not been mutually resolved between the staff of the Flood Control District and the City Administration. A discussion was held between the members of the Council and Charles Page, the General Manager of the Farmers Branch-Carrollton Flood Control District. Topics of discussion concerned the request of the Flood Control District to reduce the curb elevation to 427' above sea level from 429' that is proposed in an ordinance by the Adminis- tration; the additional cost of additional equipment for sumps and pumps to eliminate interior water if curb heights are set at 427'; and, guaranteed assurances by the Flood Control District that the drainage facilities will be installed and completed to bring the property out of the flood plain. After a lengthy discussion, Councilman Johnson made a motion that Flood Control District provide the City with guarantee that they will construct all flood control improvement necessary to comply with the City's management ordinance and to get approval of the guarantee from the City Attorney so that the Council would be assured that the guarantee was legally enforceable and, that the Administration should present an ordinance establishing minimum curb elevations at the Council meeting following the date of approval of the guarantee by the City Attorney. Councilman Matthews seconded the motion. The motion carried with all voting "aye". AGENDA ITEM NO. C. 8 CONSIDER REQUEST FOR APPROVAL OF INTERNAL DRAIN- AGE PLAN FOR FLOOD CONTROL DISTRICT. This item was not considered or it was related to the preceding item. Vol. 29,Page 20. REPLAT OF CENTRE ADDITION, The Council revlewe the request by Da Mac Development for the replatting of the Centre Addition, Lot 1, Block E. The Centre Addition is located north of the Treasury Store and west of Midway Road. A Romana's Resturant is planned for the northwest corner of Midway Road and the extension of McEwen Drive. The replat submitted creates a 2.199 acre tract, Lot 3 of Block E at the northwest corner of McEwen Drive and Midway Road for the Romana's Restaurant site. The replat complies with the city ordinances for plat approval. The Planning and Zoning Commission recommended that the replat be approved. A motion by Councilman Quevreaux, a second by Councilman Matthews, all voting "aye", approved the request of Dal Mac Development for replat of Centre Addition, Lot 1, Block E. AGENDA ITEM NO. C.10 -CONSIDER RELEASE OF LIEN FOR THE PORTION OF ROMANA S CAFETERIA PROPERTY THAT IS COVERED UNDER THE DAL MAC DEVELOPER -TS CONTRACT. Mayor Bin or gave t 'Fe following information from a memo to the Council from the Administration: Romana's Cafeteria is purchasing a tract of land in the Centre Development from Dal-Mac Development Company. Dal-Mac has a signed developer's contract that states that they shall provide for all public improvements on this site. This developer's contract is a covenant running with the land, and provides that a lien may be filed against the property, if all public improvements are not installed. Ramana's has requested that a release of lien be issued to them for the section that they are purchasing. Dal-Mac Development Company is presently putting in all the public improvements that are required. The developer's contract signed by Dal-Mac states that all public improvements must be installed and accepted before any Certificate of Occupancy would be issued. After reviewing the release of lien, a motion by Councilman Matthews, a second by Councilman Johnson, all voting "aye", authorized the City Manager to sign a release of lien from the developer's contract of Dal-Mac Development Company that covers the tract being purchased by Romana's Cafeteria. AGENDA ITEM NO. C. 11 -CONSIDER REQUEST FOR FINAL PLAT APPROVAL. HIGHWAY 35E. The Council reviewed the request of K & D Investments for final plat approval of the vacant tract east of Interstate Highway 35E between the York building and Truett Laboratories. The property is within a Light Industrial Zoning District. The property is being platted to create a building site. The plat has been reviewed and it complies with the city subdivision ordinance requirements for final plat approval. The Planning and Zoning Commission recommended that the final plat be approved. Vol. 29, Page 21. After due consideration, a motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", approved the request of K & D Investments for final platting of the vacant tract east of Interstate Highway 35E between the York building and Truett Labor- atories. AGENDA ITEM NO. C.12 -CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER'S CONTRACT BETWEEN & D INVESTMENTS AND THE CITY OF FARMERS BRANCH, AND ACCEPTING A HOLD HARMLESS AGREEMENT. The Council reviewed a developer's contract that provides for the installation of the required public improvements by K & D Invest- ments No. 1, in accordance with the current subdivision ordinance. The property is located east of Interstate Highway 35E between the York building and Truett Laboratories. This land is being platted, and public improvements will be installed according to the provisions of the contract, before issuance of a Certificate of Occupancy. After due consideration, a motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", authorized the City Manager to sign a developer's contract between K & D Investments and the City of Farmers Branch, and accepted a hold harmless agree- ment. AGENDA ITEM NO. C.13 -CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF THE VALWOOD NO. 3 ADDITION. REQUESTED BY VALWOOD CROW LTD. The Council reviewed the request o a woo row t or final plat approval of property located along Josey Lane, directly north of the Post Office facility. The property is within a PD-3 (LR-2) Zoning District. The property is being platted to create a building site for a Polar Bear Ice Cream Store. Site plan approval and preliminary plat approval have been obtained for the property. The final plat has been reviewed,it complies with the City require- ments for final plat approval. The Planning and Zoning Commission recommended that the final plat be approved. A motion by Councilman Matthews, a second by Councilman Johnson, all voting "aye", approved the request of Valwood Crow Ltd. for final platting of the property located along Josey Lane, directly north of the Post Office facility. AGENDA ITEM NO. C.14 -CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER'S CONTRACT BETWEEN VALWOOD-CROW, LTD. AND THE CITY OF FARMERS BRANCH, AND ACCEPTING A HOLD HARMLESS AGREEMENT. The Council reviewed a developer's contract that prove es for the installation of the required public improvements for the Valwood 3 Subdivision, in accordance with the current subdivision ordinance. This land is being platted, and public improvements will be installed according to the provisions of this contract, before issuance of a Certificate of Occupancy. A motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", authorized the City Manager to sign a developer's contract between Valwood-Crow, Ltd. and the City of Farmers Branch, and accepted a hold harmless agreement. Vol. 29, Page 22. AGENDA ITEM NO. C.15 -CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF R EW Y INN ADDITION. REQUESTED BY RV DEVELOPMENT. The Council reviewed the request of RV Development for final plat approval of a 6.252 acre tract of land located between LBJ Freeway and Villa Creek Drive, west of Metro Blvd. The property is within a Planned Development area allowing Office and Light Industrial uses. Preliminary Plat and site plan approval have been obtained for the property. The property is being platted to create a building site for Rodeway Inn. The plat complies with city ordinances and require- ments for final plat approval. The Planning and Zoning Commission recommended that the final plat be approved. A motion by Councilman Quevreaux, a second by Councilman Matthews, all voting "aye", approved the request of RV Development for final platting of a 6.252 acre tract of land located between LBJ Freeway and Villa Creek Drive, west of Metro Blvd. AGENDA ITEM NO. C.16 -CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN DEVELOPER'S CONTRACT BETWEEN RODEW Y INN -METRO SQUARE SUBDIVIS ON AND THE CITY OF FARMERS BRANCH, AND ACCEPTING A HOLD HARMLESS AGREE- MENT. The Council reviewed a developer's contract that provides for the installation of the required public improvements for the Dodeway Inn Subdivision, in accordance with the current subdivision ordinance. This land is being platted, and public improvements will be installed according to the provisions of the contract, before issuance of a Certificate of Occupancy. A motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", authorized the City Manager to sign a developer's contract between Rodeway Inn - Metro Square Subdivision and the City of Farmers Branch, and accepted a hold harmless agreement. AGENDA ITEM NO. C.17 -CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF THE IT- 11-1 (ITTT T\TTTT AT/1TT T1 ^TTTelM"Tl "X7 'KXAT3TTTMT30 TTTMUDUC'TC The Council reviewed the request o Mariners Interests or a final plat of the Hilton Hotel Addition located within Farmers Branch Office Park. The addition is located within a Light Industrial Zoning District. Site Plan approval and preliminary plat approval have been obtained for the property. The final plat makes provision for and dedicates fire lane easements and utility easements. The plat complies with the city subdivision ordinance for final plat approval. The Planning and Zoning Commission recommends that the final plat be approved. A motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", approved the request of Mariners Interests for final plat of the Hilton Hotel Addition located within Farmers Branch Office Park. Vol. 29, Page 23. AGENDA ITEM NO. C.18 -CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER'S CONTRACT BETWEEN MARINER'S INTEREST AND THE CITY OF FARMERS BRANCH, AND ACCEPTING A HOLD HARMLESS AGREEMENT. The Council reviewed a developer's contract that provides for the installation of the required public improvements by the Mariner's Interest Company, for the Hilton Hotel, in accordance with the current subdivision ordinance. This land is being platted, and public improvements will be installed according to provisions of the contract, before issuance of a Certificate of Occupancy. A motion by Councilman Matthews, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to sign a developer's contract between Mariner's Interest and the City of Farmers Branch, and accepted a hold harmless agreement. AGENDA ITEM NO. C.19 -CONSIDER REQUEST FOR REPLAT OF LOTS 1 AND 2 OF THE METROPOLITAN C014MERCIAL PARK. REQUESTED BY BELTWOOD INCOR- The Council reviewed the request of Beltwood Incorporated for replatting of Lots 1 and 2 of Metropolitan Commercial Park located at the north- west corner of Alpha Road and Welch Road. The property is within a Light Industrial Zoning District. The property is being replatted to eliminate the property line between Lots 1 and 2 to make one large lot from the two smaller lots. The property is being platted to create a building site for an office park complex. The plat has been reviewed and it complies with the city ordinances and require- ments for plat approval. The Planning and Zoning Commission recommended that the plat be approved. A motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", approved the request of Beltwood Incorporated to replat Lots 1 and 2 of the Metropolitan Commercial Park. AGENDA ITEM NO. C.20 -CONSIDER REQUEST FOR VARIANCE FROM THE CITY'S AND SOUTH OF CARRICK. Rev. Robert G. Tilton, pastor of the Word of Faith Outreach Center Churc, presented a request for the Council to remove the proposed east-west street that abuts their property on the south from the City Thoroughfare Plan and allow them to purchase the street right of way of that proposed street. He stated there was not a need for this east-west street and explained the proposed traffic flow in and out of their development. Rev. Tilton displayed renditions showing plans for Tract 1 & 2 of their Church Center Development. The Word of Faith Outreach Center property is located on the north by Carrick Street, on the west by the service road of IH35E, on the east by Rossford Street, and on the south by future east-west street. After some discussion of who rightfully owned the property in the east-west proposed street right-of-way, a motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", referred the request to the City Administration for further study and to place on the agenda of the April 17 Council meeting for further consideration. Vol. 29, Page 24. AGENDA ITEM NO. D.1 -DISCUSS NEED FOR RESTROOM FACILITIES IN CITY PARKS. Councilman Matthews requested this item be placed on the agenda. Councilman Matthews spoke of the need for possible permanent type restrooms to be placed in the city parks. After some discussion, a motion by Councilman Matthews, a second by Councilman Quevreaux, all voting "aye", instructed the City Admin- istration to study the possibilities of placing permanent restroom facilities in the city parks and report back to the Council with this information. AGENDA ITEM NO. D.2 -CONSIDER CALLING PUBLIC HEARING TO REQUIRE SPECIFIC USE PERMITS FOR SPECIFIC USES AND DECLARING A MORATORIUM ON ISSUING BUILDING PERMITS FOR SPECIFIC USES. Mayor Bin or gave the following information from a memo to the Council from the City Administration: The Zoning Ordinance controls areas where specific uses are allowed. Many zoning districts allow uses which create unusual amounts of traffic, odor, noise, unusual lighting, signage, and have unusual hours of operation. Due to the effect of these conditions on adjoining developments (in many cases residential areas), the Administration suggests that consideration be given to amending the Zoning Ordinance to require specific use permits for the following uses: 1. Service Stations 2. Drive-in Theaters 3. Indoor Theaters 4. Restaurant with drive-in service 5. Non-drive-in restaurant with outside sales window 6. Non-drive-in restaurant without outside sales window 7. Indoor commercial amusement uses. 8. Adult book stores 9. Modeling Studios 10. Fruit Stands 11. Greenhouse or plant nursery (commercial) 12. Greenhouse plants or nursery stock (retail) 13. Outside sales 14. Auto repair garages Upon discussion, the Council added the following to the list. 15. Car Washes - manual or automated 16. Mini Warehouses 17. Massage Parlors Mayor Binford continued that due to the increased number of inquiries the Administration feels that the Zoning Ordinance should be amended to require specific use permits for the above uses in any zoning district and that a moratorium should be placed upon issuing building permits for those uses or upon issuing certificates of occupancies for existing buildings. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", instructed that public hearings be called to consider amending the Zoning Ordinance to require a specific use permti for the specific uses listed above and that a moratorium be placed on issuing building permits and certificates of occupancy for those specific uses until the public hearings can be conducted. Vol. 29, Page 25. AGENDA ITEM NO. E.1 -CONSIDER JOINING TEXAS MUNICIPAL LEAGUE WITH REGARDS TO SOUTHWESTERN BELL TELEPHONE COMPANY'S RATE INCREASE REQUEST. Mayor Binford explained that the Texas Municipal League had held a meeting in Austin on March 23, 1978 for the purpose to consider what action should be taken by cities served by Southwestern Bell with regards to the $214 million rate increase request. The following are the results of this meeting: 1. A consolidated effort on behalf of cities served by Southwestern Bell was recommended. 2. A sixteen member steering committee was appointed. 3. Touche-Ross was hired by the Steering Committee as rate consultants. 4. Don Butler, TML Utility Counsel, will serve as lead counsel. 5. A recommendation that all cities served would contri- bute 22 per capita, based on 1970 population, to defray cost of consultants. The 22(,% per capita would cost the City of Farmers Branch $687.30. After some discussion, Councilman Matthews made a motion to join the Texas Municipal League by participating with the other cities served by Southwestern Bell in the rate case pending before the Public Utility Commission. Councilman Johnson seconded the motion. The motion did not pass. Councilmen Matthews and Johnson voted "aye", and Councilman Quevreaux voted "nay". To pass the motion because of the number of Councilmen present it would take 3 "aye" votes. Councilman Quevreaux made a motion not to join TML in the partici- pation. The motion died for the lack of a second. Councilman Johnson requested that this item be placed on the next agenda for further consideration. AGENDA ITEM NO. E.2 -CONSIDER MEMBERSHIP TO AMERICAN ASSOCIATION OF SMALL CITIES. After some discussion that the American Association of Small Cities had not been of benefit to the City of Farmers Branch, a motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", declined to renew membership to the American Association of Small Cities. AGENDA ITEM NO. E.3.-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS: a. Backfill material for Water Main Replacement Program A motion by Councilman Quevreaux, a second by Councilman Johnson all voting "aye", authorized the advertisement for bids for backfill material to be used by the Water Replacement Division. Vol. 29, Page 26. b. Hot Mix Asphaltic Concrete for the Street Division A motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", authorized the advertisement for bids for hot mix asphaltic concrete to be used by the Street Division. OTHER COMMENTS. Mr. Alvin Thomas, 2668 Leta Mae, complimented the Mayor for the way his first Council meeting was handled, and spoke in concern of the small property owners located in the Flood Control District. MAYOR BINFORD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAD BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDED THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION, AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. F.1 -EXECUTIVE SESSION. a. Discuss Personnel Matters An appointment to fill the vacancy on the Planning and Zoning Commission was discussed. b. Discuss Pending and Contemplated Litigation City Manager Paul West informed the Council of potential litigation involving TRA sewage charges. c. Discuss Land Acquisition City Manager Paul West reported that the Administration is still investigating possible future landfill sites. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. F.2 -NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", appointed Rod Nelson to serve an unexpired term on the Planning and Zoning Commission, conditioned upon his acceptance of the appointment. A motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", appointed Robert Collins to serve an unexpired term on the Zoning Board of Adjustment and Building Code Board of Appeals, conditioned upon his acceptance of the appointment. AGENDA ITEM NO. F.3 AND F.4 There was no necessary action needed on Pending and Contemplated Litigation and Land Acquistion discussed in the Executive Session. Vol. 29, Page 27. AGENDA ITEM NO. G.1 -ADJOURNMENT. A motion by Councilman Matthews, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of April 3, 1978 at 9:55 P.M.. Ize Ma or Bi B n or City cretary Vol. 29, Page 28.