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1979-05-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING MAY 7, 1979 COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Bill Binford Mayor Pro Tem John Dodd Councilmen: Fred Johnson Pat Haggerty Herb Weidinger The following member of the City Council was absent: Councilman: Ken Quevreaux The absence of Councilman Quevreaux 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 Public Information Officer Sherry Walden Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of May 7, 1979 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION. Mr. Ray Flaherty gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES-APRIL 16 AND APRIL 30, 1979 After some discussion, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the minutes of April 16, 1979 after the following correction was made on Page 5 of Volume 31, the third paragraph from the bottom of the page to read as: Mr. George Grimmer, 3040 Eric Lane, asked how high the ground level of the proposed building site would be above the ground level of the college. Mr. New replied that the proposed building; site is approximately 25 feet below the ground elevation of the college. A motion by Councilman Johnson, a second by Councilman Weidinger, all voting "aye", approved the minutes of the meeting of April 30, 1979, as 'submitted. AGENDA ITEM B.1-PRESENTATION OF SERVICE A1,IARDS. Mayor Bin or presents Joy Lee Broughton o the Library Department a 10 year service award and 5 year service awards to Joe Alvis Lyons of the Building Maintenance Division and John E. Moore of the Utilities Department for their years of service with the city. Mr. Lyons was unable to be present to receive the award. Vol. 31, Page 9. AGENDA ITEM NO. B.2-PRESENTATION OF SLIDE PROGRAM. A slid e program was presented explaining t e City policy of handling hazardous spills. A brief discussion followed. AGENDA ITEM NO. C.1- PRESENTAT"I"ON "ON "CABLE" TV BY 'STORER CABLE TV, INC. Mr. Gerald Proctor of Storer Cable TV, Inc. presented a proposal for a cable television franchise. Background information on the company was given by Mr. Proctor. Mr. Proctor explained the services available for cable television by Storer. Costs of package options were explained. There was discussion held between members of the City Council and Mr. Proctor relating to the various services available that would benefit the city; the various costs of various services; the value of equipment and building; the location of the installation of the cable; the regulation of rates; and, possible provision in the franchise providing a review clause to review the cable system's performance at increment periods. The Council thanked Mr. Proctor for the presentation of the appli- cation. Mayor Binford advised that the Administration is studying all allplications to make a recommendation to the City Council at a later date. AGENDA ITEM NO. C.2-PUBLIC HEARING: TO DETERMINE WHETHER A SPECI- FIC USE PERMIT" SHOULD BE' ISSUED FOR OUTSIDE SALES OF NURSERY AND SEASONAL ITEMS IN A LIGHT INDUSTRIAL ZONING DISTRICT. REOUESTED BY FREDERICK HARRIS FOR THE PROPERTY LOCATED AT 242'0 VAL1400D PARKWAY. Mayor Binford opened the public hearing. The City's Zoning Ordinance requires a Specific Use Permit for outside sales of garden and nursery items. Ordinance No. 1240 establishes operation standards for garden and nursery sales (outside). Frederick Harris is leasing the property at 2420 Valwood Parkway. The property was originally constructed for service station uses, Mr. Harris is conducting outside sale of nursery and garden items as well as selling gasoline products. Mr. Harris proposes to have outside sales of seasonal items on the parking lot and paved driveway areas of the service station. Mr. Harris has previously operated under a variance granted by the Building Code Board of Appeals to dis- play and sell merchandise on paved parking areas. The time period for the variance expired in 1978. Mr. Harris sold christmas trees, and firewood under a temporary permit during the winter season. In 1978 the City Council adopted ordinances allowing temporary permits to be issued for outside sales of Christmas trees and firewood during certain months of the year. Mayor Binford asked if there was anyone present wishing to speak on the request. No one spoke. A motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", closed the public hearing. Vol.31, Page 10. The Planning and Zoning Commission recommended that the Specific Use Permit be denied and requested the City Council to review the request in light of expanding the seasonal sales permits to include produce and other seasonal items. After some discussion, Councilman Johnson made a motion to deny the request for the Specific Use Permit and instructed the City Administration to recommend to the Council possible ways of amending the Christmas tree and firewood sales ordinances to include other seasonal items. The motion died for the lack of a second. A discussion continued relating to a provision for selling seasonal items. Mr. Harris stated he probably could continue operating his business with a provision of this type; especially with the flowers and plants and could with the product if could be sold outside. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", denied the request for a Specific Use Permit by Mr. Harris. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", instructed the City Administration to study the possibility of adding produce and plants to the city's seasonal sales ordinance and report back to the City Council at the first meeting in June. AGENDA ITEM NO. C.3-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR OUTSIDE SALES OF NURSERY AND SEASONAL ITEMS IN A LIGHT INDUSTRIAL ZONING DISTRICT. REQUESTED BY MILFORD ST RY R THE PROPERTY LOCATED T 2410 V LWOOD PARKWAY. Mayor Bin or opened the public hearing. The City's Zoning Ordi- nance requires a Specific Use Permit for outside sales of garden and nursery items. Ordinance No. 1240 establishes operation standards for garden and nursery sales (outside). Milford Sterry operates a produce stand at 2410 Valwood Parkway. Mr. Sterry has previously operated under a variance granted by the Building Code Board of Appeals to display and sell merchandise on paved parking areas. The time period for the variance expired in 1978. Mr. Harris sold Christmas trees and firewood under a temporary permit during the winter season. (In 1978 the City Council adopted Ordinances allowing temporary permits to be issued for outside sales of Christmas trees and firewood during certain months of the year.) Mr. Sterry is conducting outside sales of nursery and garden items as well as selling gasoline. Mr. Sterry proposes to have outside sales of seasonal items on the parking lot of the produce stand. Mayor Binford asked if there was anyone present wishing to speak on the request. The following spoke: Vol. 31, Page 11. Mr. Tom Lunn requested the Council to take in mind of the supply and demand of such items. 1 Mr. Vernon Smith, 2715 Bay Meadows, asked if the City had ever considered a centralized location for a farmers type market. Mr. Milford Sterry, 2110 Toluka, stated he had been in business in Farmers Branch for five years. He stated he was granted to have outside sales under awning and had done everything he said he would do as far as outside sales is concerned. There being no one else wishing to speak, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", closed the public hearing. The Planning and Zoning Commission recommended that the Specific Use Permit be denied and requested the City Council to review the request in light of expanding the seasonal sales permits to include produce and other seasonal items. A discussion was held between the members of the City Council and Mr. Sterry relating to his business being operated without violating city codes and ordinances; and that produce and plants are primary source of business and gas is secondly. After more discussion, Councilman Johnson made a motion to deny the request for the Specific Use Permit by Mr. Sterry. Councilman Weidinger seconded the motion. Further discussion related to Mr. Sterry's business being operated according to the city requirements and having ample parking facilities. Mayor Binford brought to the attention of the Council that a denial on the Specific Use Permit request imposes a time limit upon which reapplication can not be made in 18 months unless the requirement ig waived by the City Council. Councilman Johnson amended his motion to waive the 18 month require- ment for reapplication. Councilman Haggerty made a motion to table this consideration. Councilman Dodd seconded the motion" The motion to table carried with all voting "aye". A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", instructed that this consideration be placed on the agenda for the next meeting. AGENDA ITEM NO. C.4-PUBLIC HEARING TO CONSIDER REQUEST FOR A NON DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW IN LR-2 ZONING LVLJ VCILLLI V 1LYV L.L11Y 1J, uv--- - Mayor Bin or opene t e public earing. Section 8-114 of the City's Zoning Ordinance requires a Specific Use Permit to locate a non drive in restaurant without outside sales window in an LR-2 Zoning District. Vol. 31, Page 12. Mr. Donald Jones would like to operate a barbeque restaurant in Suite 101 of the building at 2825 Valley View Lane in the Corner Shopping Center. The Planning and Zoning Commission recomended that the Specific Use Permit for a restaurant in a LR-2 Zoning District be approved with the condition that a site plan be required to indicate the location of and screening of the refuge container, firewood storage, fences, and parking. Mayor Binford asked if there was anyone present that wished to speak on the request. The following spoke: Mr. Don Jones, 1224 Woodland in Irving, Texas, presented a site plan tothe City Council. Mr. Jones stated that the site plan shows all the recommendations of the Planning and Zoning Commission. Mr. Jones pointed out that the plan designates 48 parking spaces which is 10 more than required by the city, and the plan includes a ramp for handicapped persons. There being no one else wishing to speak, a motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye'' closed the public hearing. A discussion was held between the members of the City Council and Mr. Jones. Mr. Jones stated that he and his two brothers have been operating a restaurant in Oak Cliff for the past 2k years. The hours of operation for the proposal would be from 11:00 A.M. until 9:00 P.M., seven days a week. Mr. Jones stated that he would be the manager of the Farmers Branch restaurant. Mr. Jones stated that his investments would be approximately $45,000.00 in the building and $50,000.00 in equipment. After some discussion, Councilman Haggerty made a motion to table this consideration until the Council receives a recommendation from the Planning and Zoning Commission on the site plan. Councilman Weidinger seconded the motion and all voted "aye' AGENDA ITEM NO. C.5 -RECONSIDER REQUEST FOR APPROVAL OF A PRE- LIMINARY SITE PLANS PARSS THE METRO SQUARE DE ELOPMENT AT FORD ROAD AND COLLEGE DRIVE. This item was placed on the agenda at the request of Councilman Johnson. Mayor Binford stated that the preliminary site plan was reviewed by the City Council on April 16, 1979 and approved with conditions. Mr. Fritz New with Baldwin Harris, Inc., was present in behalf of the consideration. Mr. New reported that some of the members of the City Council, the Planning and Zoning Commission and the City Administration met with representatives of Baldwin-Harris to view two balloonsthat were displayed at heights representing 20 and 16 story building sites. A helicopter was available for persons who wanted to view the building site from the air. Vol. 31, Page 13. Mr. New stated that in reviewing the building codes, the devel- opment in requesting a 20 story building complies with the codes under a planned development area. Mr. New stated that Baldwin Harris is requesting site plan approval of two buildings, at heights of 20 and 12, or 16 and 16, or 18 and 14 stories for a total of 32 floors on the approximate 10 acre site. Mr. New reported of receiving a letter from the City of Dallas stating intentions of improvements to streets in the vicinity of this proposal. Mr. New stated that additional access to the site can be provided by the extension of Villa Creek Drive to Denton Drive. Mr. New stated that objections of this development has been traffic concerns and the heights of the buildings. He said that they could not build a project of this magnitude unless the traffic problems could adequately be handled. Mr. New stated that it is their belief that the bulk of the traffic from this site is oriented back toward L. B. J., Denton Drive, Harry Hines and Stemmons. Mr. New stated that a 20 story building will give Farmers Branch and Metro Square identity over a 4 story building, and will influence development for the western portion of Farmers Branch. Mr. New stated that the office park would make a valuable contri- bution in dollars to the City. Mr. New said that the development would add an approximate $200,000.00 to the revenues of the city. The members of the City Council held a discussion with Mr. New concerning the reason for a 20 story building. Mr. New stated that the reasons were for identity of the building which could be seen from L. B. J.; and for the attraction to tenants who plan to expand in future years; and, for economics because of increasing land and building values. Mr. Vernon Smith, 2715 Bay Meadows, presented a petition of 80 signatures of property owners in the area of the proposal opposing the building of the two building. Mr. Smith read and discussed the petition. The petition is attached for record. Councilman Dodd informed of making a personal visit to 14 homes on Leta Mae Lane which is in the residential area located north of Farmers Branch Lane. Councilman Dodd stated he questioned the citizens on their feelings of the proposal. Councilman Johnson expressed opposition to the heights of the buildings and to the traffic problems. Councilman Johnson questioned some of the statements made by Mr. New regarding to the city codes allowing high rise buildings, computation of tax revenues projected over the next 30 years comparing to sales tax revenues, and of traffic moving into the residential areas to get to the main thoroughfares: Mr. Bill Lawson, 2666 Mount View Drive, stated that he moved to Farmers Branch about 25 years ago and has watched once barren land become developed land which has caused increased traffic in all areas. He stated that you can't stop growth because of a few problems. Vol. 31, Page 14. Mr. Ray Flaherty, 13220 Challaburton, stated that this proposal will cause a traffic problem and the citizens need assurance of adequate egress and ingress to the area. Mr. Flaherty stated that he doubted if Dallas would live up to any committment on street improvements because the development of concern is not in the city limits of Dallas. Mr. New responded that traffic is a major concern to them and the project could not be accomplished if the traffic problems are not resolved. Mr. New stated that Dallas passed a bond issue which included improvements to Forrest, L.B.J. service road, and Ford Road and is hoped that Dallas will proceed with plans for these improvements. Upon more discussion relating to the heights of the buildings and traffic circulation problems, Councilman Johnson made a motion to rescind the Council's prior action of approval of the preliminary site plan for the Metro Square Development. Councilman Haggerty seconded the motion and all voted "aye". A discussion followed between Mr. New and the members of the City Council relating to alternative plans for the development. AGENDA ITEM NO. C.6-DISCUSS ADJUSTING C014MON CITY LIMIT BOUNDARY WITH THE CITY OF CARROLLTON. T is item was placed on t He agenda at the request of Mayor Binford. Mayor Binford reported of having met with Mayor Steenson of Carrollton. Mayor Binford stated that Mayor Steenson discussed the proposal relating to the boundary adjustments made to the City of Farmers Branch from the City of Carrollton. After a brief discussion, Councilman Dodd made a motion that the Council stands on the previous decision of dropping the consider- ation of a land swap for city limit adjustment; and that the two City Councils get together and discuss the mutual problems. Councilman Haggerty second the motion. The vote was 2 to 2 with Councilmen Dodd and Haggerty voting "aye", and Councilmen Johnson and Weidinger voting "nay". Mayor Binford abstained. An absten- tion vote is an affirmative vote. The motion carried. AGENDA ITEM NO. C.7-CONSIDER REQUEST FOR FUNDING BY THE NORTHWEST DALLAS COUNTY SERVICE CENTER. The report from the City Administration concerning the newsletter for senior citizens was reviewed by the City Council. Councilman Dodd reported of having conversation with Mr. Joe Montego, president of the Lions Club. Mr. Montego related to Councilman Dodd that a majority of the Lions Club Board members would like to fund the newsletter as a service project and the matter was to be consider at a meeting this Thursday. Councilman Dodd expressed his desire for allowing the Lions Club to fund the newsletter. Vol. 31, Page 15. Councilman Dodd made a motion to table this item until May 21st. The motion died for the lack of a second. Councilman Dodd stated that this was an opportunity for an organization to help another service organization and believes they should have that opportunity. Mr. Clint Whitlow stated that the Lions Club had not yet made a decision for this project. After some discussion of the City providing the funds for the newsletter, Councilman Haggerty made a motion to enter into a contractual agreement with the Northwest Dallas County Service Center to fund the Senior Citizen Newsletter in the amount of $130.00. Councilman Weidinger seconded the motion. The motion failed 3 to 2 with Councilmen Haggerty and Weidinger voting "aye", and Councilmen Johnson and Dodd voting "nay", and Mayor Binford voting "nay" breaking the tie vote. AGENDA ITEM NO. 8-CONSIDER AUTHORIZING PAYMENT OF MEMBERSHIP DUES TO THE CHAMBER OF COMMERCE, ADDISON, CARROLLTON, COPPELL, FARMERS BRANCH. Mayor Binford stated that the City received a statement from the Chamber of Commerce -Addison, Carrollton, Coppell, Farmers Branch, for membership dues in the amount of $1,000.00. There was some discussion of whether the payment could legally be paid with funds from the hotel occupancy tax monies. City Attorney John Boyle advised that the State Statutes 1269J41 authorizes the expenditure of funds such as this for the purpose of pro- motion and development of the city. A motion by Councilman Haggerty, a second by Councilman Johnson, all voting "aye", authorized the payment of membership dues to the Chamber of Commerce -Addison, Carrollton, Coppell, Farmers Branch, in the amount of $1,000.00 out of the hotel occupancy tax funds. AGENDA ITEM NO. 9-CONSIDER RECOMMENDATION OF PARK AND RECREATION BOARD. Mayor Binford stated that the Park and Recreation Board recommended that the swimming pool rates remain the same this year as last and be reviewed again next year. The Administration recommended that the senior adults be given a 50% discount. The rates recommended are as follows: General Admission @ $ .50 Season Tags @ 8.00 Family Tags @ 35.00 Rents & Concessions @ 35.00 After reviewing the recommendation of the Park and Recreation Board, Councilman Dodd made a motion to accept the recommendation of the Park and Recreation Board at the swimming pool rates listed above. Councilman Haggerty seconded the motion. Vol.31, Page 16. Councilman Johnson asked to amend the motion to include the 50% discount to senior adults. Councilmen Dodd and Haggerty accepted the amendment. The motion and amendment carried with all voting "aye". L1 AGENDA ITEM NO. C.10-DISCUSS MARSH LANE. This item was placed on the agenda at t e request of Councilman Haggerty. Councilman Haggerty explained that he believes by previous Council action that it is the intent of the Council to widen Marsh Lane. Councilman Haggerty made a motion that the City Council signify its intention to widen Marsh Lane to 4 lanes: two 2-lane road- ways with a country lane atmosphere; to authorize the advertisement for bids for an additional 2 lane bridge south of Brookhaven Club Drive; and, to instruct the City Manager to meet with the City Manager of Addison and convey this Council's intention and come back in perhaps a month with recommendations agreeable to the City Managers for the widening of Marsh Lane from Valley View Lane to Belt Line Road. The motion died for lack of a second. After some discussion, Councilman Dodd made a motion that the City Council hold a study session on all alternatives to widen Marsh Lane and instruct the City Manager to contact the City Manager of Addison and get input on feasibilities as to the alternatives. Councilman Haggerty seconded the motion, and all voted "aye". The date of the study session was set for May 14, 1979 at 4:00 P.M. and to be held at the City Hall. AGENDA ITEM NO. C.11-CONSIDER CITY COUNCIL PROCEDURE. motion by Councilman Johnson, a second by ounce man Dodd, all voting "aye", approved the cover page for the agenda as prepared by the City Administration; and approved the designation of Consent Items on the agenda with an explanation that any item may be removed from this section and discussed at the desire of any member of the Council. Vol. 31, Page 17. AGENDA ITEM NO. C.12-CONSIDER SUPPORTING THE APPEAL OF THE PUBLIC UTILITY COMMISSION'S RULING ON ELECTRIC C RES. Mayor Bin ford gave the following information rom a memo to the City Council fromthe Administration: For several months the Public Utility Commission has held extensive hearings regarding transactions between various companies within the Texas Utilities System. The Public Utility Commission rendered its decision in this case. Although the Public Utility Commission has ordered refunds to rate payers at approximately $3.2 million because of improper interest charges by the companies, the decision was extremely disappointing. The Public Utility Commission ignored the position of the cities, other intervenors and its own General Council by finding, among other things the following: 1. Texas Electric Service Company and Texas Power & Light Company, are not affiliated companies. 2. The extraordinary sale from TESCO to Texas Power & Light of energy generated with 210, natural gas is to be terminated because it is not in the public interest. TESCO rate payers were denied almost $40 million in refunds. At the same time, TP&L rate payers will see dramatic increases because of increased fuel cost due to their having given up low cost future lignite generating capacity. Another issue which has been raised consistently by the cities in past hearings, the Public Utility Commission finally agreed that the Texas Utilities subsidiaries should not be allowed to flow accelarated depreciation through the fuel adjustment clause and should use straightline depreciation in the future. The cities again made a strong argument for revision of':the present fuel cost adjustment clause. The Public Utility Commission took the final action on this point. The Commission did indicate an intent to make some future revision because of past abuses of the fuel adjustment clause. The Steering Committee for Texas Power & Light cities has recom- mended the decision by the Public Utility Commission be reheard and an appeal to the courts, if necessary. The Administration recommended that the City of Farmers Branch join with other cities served by Texas Power & Light and request a rehearing before the Public Utility Commission and an appeal to the courts if necessary. After some discussion, a motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", authorized the Administration to join other cities served by Texas Power & Light in the rehearing and appeal of the Public Utility Commission's decision regarding transactions between various companies within the Texas Utilities 0 System. Vol. 31, Page 18. AGENDA ITEM NO. C.13-CONSIDER RESOLUTION NO. 79-007 ADOPTING A CITY EMERGENCY SHELTER PLAN". Mayor Binford state that Resolution No. 79-007 was being presented for consideration which adopts a City Emergency Shelter Plan. The plan would provide for emergency housing and feeding of citizens in the city during periods of emergency because of natural or man-made disasters. After some discussion, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", adopted Resolution No. 79-007 which adopts a City Emergency Shelter Plan. AGENDA ITEM NO. C.14-CONSIDER ADOPTING ORDINANCE NO. 1246 ESTABLISHING STANDARDS FOR OPERATING PUBLIC AND SEMI-PUBLIC SWIMMING POOLS. Mayor Bin ford gave the following information from a memo to the Council from the City Adminsitration: Proposed Ordinance No. 1246 establishes standards for safe and sanitary operation of public and semi-public pools by requiring operational permit, inspection of operation, proper maintenance and operation, safety provisions, and regulations in pool area. The ordinance makes provisions for suspension of operational permit and penalty of fine for violation of standards. The ordinance will not apply to private pools at private residences. The standards will regulate the operations of semi-public pools located on pre- mises of hotels, motels, apartments, townhouses, private clubs, and other similar establishments where pools are limited to members or residents and their guests. The ordinance will apply to any public pool. Councilman Haggerty opposed the requirement of the annual operational permit. After more discussion, Councilman Johnson made a motion to adopt the following captioned Ordinance No. 1246; Councilman Weidinger seconded the motion. The motion carried 3 to 1 with Councilmen Johnson, Weidinger and Dodd voting "aye", and Councilman Haggerty voting "nay". AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RELATING TO THE SAFE AND SANITARY OPERATION OF PUBLIC AND SEMI-PUBLIC POOLS; PROVIDING FOR DEFINITIONS; PROVIDING FOR BUILDING PERMITS; PROVIDING FOR OPERATIONAL PERMIT; PROVIDING FOR INSPECTIONS; PROVIDING FOR MAINTENANCE AND OPERATION; PRO- VIDING FOR SAFETY PROVISIONS; PROVIDING FOR REGULATIONS IN POOL AREAS; PROVIDING FOR NOTIFICATION OF OPERATION; PRO- VIDING FOR FAILURE TO COMPLY; PROVIDING FOR SUSPENSION OF PERMIT; PROVIDING FOR APPEAL; PROVIDING FOR ENFORCEMENT RESPONSIBILITY; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOFt EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. Vol. 31, Page 19. AGENDA ITEM NO, D.1-D.5-CONSENT ITEMS, A motion by Councilman Johnson, a second by Councilman Haggerty, all voting "aye", approved Agenda Consent Items Nos. 1, 2, 3, 4 and 5. The items approved are as follows: 1. Authorized the City Manager to sign a land use agreement with Brookhaven College for a tract of land 400 ft. by 600 ft. to be used for soccer game fields. 2. A replat of part of Block A of Metropolitan Business Park Section 3 located on Alpha Road in order to realign the fire lane location. 3. A site plan requested by Sy Clark for the property located at 13217 Goodland for a new building for Mrs. Richardson's School and Kindergarten. 4. Authorized the advertisement for bids for 3000 PSI Concrete for the Street Division. 5. The Substitute Maintenance Bond for the Good Estates Subdivision that provides an irrevocable letter of credit from First City Bank-Farmers Branch as security for the proposed maintenance bond of insuring the public improvements to be constructed for a period of one year. MAYOR BINFORD ANNOUNCED THAT THE. ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL MEETING 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, OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. An Executive Session was held relating to discussions of personnel matters and pending and contemplated litigation. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Dodd made a motion that all future advisory board applications be presented to the City Council at a Council meeting by the applicant. Councilman Johnson asked to amend the motion with the provision that by a majority of the vote of the Council this requirement can be waived. Councilman Dodd accepted the amendment. Councilman Weidinger seconded the motion with the amendment. The motion carried with all voting "aye". Vol. 31, Page 20. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", reappointed J. C. Foster and Joe Byrd and appointed Gary Carley for Place 5,to serve a three year term, expiring May 3, 1982, on the Planning and Zoning Commission conditioned upon acceptance of the appointment. A motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye", reappointed Nancy Farmer and Florence Mason and appointed Frances Glancy for Place 2, to serve on the Library Board for a two year term expiring May 5, 1981, conditioned upon acceptance of the appointment. A motion by Councilman Johnson, a second by Councilman Haggerty, all voting "aye", formally accepted the resignation of Gerald Patterson from the Parks and Recreation Board and that the Mayor write a letter thanking him for his valuable service. AGENDA ITEM NO. G.1 ADJOURNMENT- A motion by Councilman Do UT, a -second by Councilman Weidinger, all voting "aye", adjourned the City Council meeting of May 7, 1979 at 12:00 Midnight. Mayor Bill Bi or 16~d 4,VO City Secretary, Acting Vol. 31, Page 21.