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1979-05-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING MAY 21, 1979 COUNCIL CHAMBER POLICE BUILDING The following members of the City Mayor Mayor Pro Tem Councilmen: The following members of the City City Manager City Attorney Public Information Officer Recording Secretary Council were present: Bill Binford John Dodd Ken Quevreaux Fred Johnson Pat Haggerty Herb Weidinger Administration were present: Paul M. West John Boyle Sherry Walden Ruth Ann Parish Mayor Binford called the City Council meeting of May 21, 1979 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION Mayor Pro Tem John Do gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES OF MAY 7th MEETING A ter some consideration, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the minutes of the City Council meeting of May 7, 1979 after the spelling of Mr. Joe Montag had been changed on page 15 of the last paragraph in the first sentence. AGENDA ITEM NO. B.1-PRESENTATION OF CERTIFICATE OF APPRECIATION. Mayor Binford in the behalf of the City Council presented a certificate of appreciation to Joe Byrd recognizing his service to the city by serving as a member of the Planning and Zoning Commission for the past 11 years. Mr. Byrd has accepted to serve another 3 year term on the Commission. AGENDA ITEM NO. B.2-PRESENTATION OF TROPHIES TO CITY WON BY GIRLS GYMNASTIC AND BATON. Twenty-one o twenty-six representatives of the Girls Gymnastics team and Baton team were present and presented trophies to the city that had been won in the five State Regional competition which was held at Lake Highland School in Richardson. The girls now qualify for the National competition at Notre Dame and the group will go to State competition on June 15th in San Antonio. Coaches Joyce Gleich and Angel Sheppard were present also. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", accepted the trophies in behalf of the city. Vol. 31, Page 24. AGENDA ITEM NO. B.3-PRESENTATION FROM LIONS CLUB TO THE NORTHWEST DALLAS COUNTY SERVICE CENTER. Mr. Joe Montag, president o the Farmers Branch Lions Club, presented a check in the amount of $130.00 to the Northwest Dallas County Service Center for the publication of the Senior Citizen Newsletter. Mrs. Carol Dingman accepted the check in~behalf of the Northwest Dallas County Service Center. AGENDA ITEM NO. B.4-PRESENTATION OF BOARD APPLICATIONS TO CITY COUNCIL. Mayor Binford stated that this item will be placed on the agenda of each meeting in order to give anyone who would like to serve on an advisory board or commission an opportunity to meet and address the City Council. AGENDA ITEM NO. B.5-PRESENTATION OF SLIDE PROGRAM. A slide presentation prepare by the Fire Department on the training activities and requirements of personnel for the department was presented. Upon some discussion, Councilman Haggerty made a motion that the department head in charge of the slide program being presented be present at the Council meetings in the future. Councilman Dodd seconded the motion. The motion carried 3 to 2 with Councilmen Haggerty, Dodd, and Weidinger voting "aye", and Councilmen Quevreaux and Johnson voting "nay". AGENDA ITEM NO. C.1-DISCUSS PRELIMINARY STUDY FOR MULTI FUNCTIONAL CIVIC COMPLEX. Councilman Dodd made a motion to table this item of discussion of the preliminary study for a multi functional civic complex until the next City Council meeting in order for the Council to have more time to study the report. Councilman Quevreaux seconded the motion. The motion carried 4 to 1 with Councilman Dodd, Quevreaux, Johnson and Weidinger voting "aye", and Councilman Haggerty voting "nay". AGENDA ITEM NO. B.4- PRESENTATION OF BOARD APPLICATIONS TO CITY COUNCIL. Mr. Di.c C apman, 14466 Tanglewood, appeared before the Council stating his desire to serve on the Parks and Recreation Board. After interviewing with the Council, Mayor Binford informed Mr. Chapman that his application will be kept in file for consideration of future appointments. AGENDA ITEM NO. C.2-CONSIDER REQUEST FOR SANITARY SEWER LINE EASE- MENT FROM CONNELL DEVELOPMENT COMPANY. Mr. George Connell, Chief Executive Officer of Connell Development Company, presented a request for an easement along the south side of the Cooks Branch Levee between Wallace Road and the Trinity River Authority sewer line for the installation of a sewer line facility to serve his property which lies in the city limits of the City of Carrollton. Vol. 31, Page 25. Mr. Connell explained that he understands that the cities of Farmers Branch and Carrollton have been unsuccessful in res3.01 ing a city limit boundary adjustment and this is the reason for the request for an easement from the City of Farmers Branch. Councilman Haggerty pointed out that with the development, the tax base for the school and the levee district would be broadened. Councilman Haggerty stated that the Connell property is the only property south of the levees that is not in the City of Farmers Branch, and he understands that the deed restrictions on this pro- perty are more strict than the Planned Development zoning require- ments on the surrounding property that is in the City of Farmers Branch. Councilman Haggerty spoke in favor of granting the request. After more discussion, Councilman Haggerty made a motion to approve the request of the Connell Development Company for the easement. The motion died for the lack of a second. AGENDA ITEM NO. C.3-CONSIDER REQUEST FOR PRELIMINARY SITE PLAN bL1LLW 11V-I1tit~itlJ , tiVl, . HlViJ IJVLLr,IsL. Lnl V C . iCGVULJ 1L,L DI Mr. Fritz New of Baldwin-Harris, Inc., the developers of Metro Square Office Park, presented a request for site plan approval of a 20 story and 12 story building complex or two 16 story buildings. Mr. New discussed solutions to proposed traffic problems in the area if the development was granted. Mr. New reiterated as presented at the last Council meeting, plans of the City of Dallas for improvements of Forest Lane, a loop passing under L. B. J. tieing into Anaheims Road, and the extension of the service road from Ford Road to Harry Hines. Mr. New told of possible plans to establish a traffic light system for Josey Lane from Farmers Branch Lane through Villa Creek intersection to Forest Lane in Dallas. Mr. New distributed a fact sheet showing a summary of the tax benefits to the city from the Metro Square IV tract assuming construction of two buildings totaled thirty two stories. A discussion was held between the members of the City Council and Mr. New relating to visual effects of the heights of the buildings; traffic circulation and traffic problems in the area; the inade- quacy of buffer between buildings and residential area; street improvements; tax revenue estimates; and the fact that residents in area expressed opposition to the requested proposal. Councilman with two li Councilman Councilman who wished Councilman Quevreaux made a motion that the site plan be approved 5 story buildings. Dodd seconded the motion. Johnson made a motion to hear from persons in the audience to speak on this consideration. Dodd seconded the motion and all voted "aye". Vol. 31, Page 26. Mr. Scott Johnson of 2973 Las Companas, representing Ed Bonneau who owns property at 2710 Farmers Branch Lane and 2710 Bay Meadows Circle, stated that Mr. Bonneau presented a letter to the City Council previously giving his opposition to the proposal. Mr. Johnson reiterated the objections of Mr. Bonneau's. Mr. Johnson stated that he once lived in the area in question and his children walked to school down Farmers Branch Lane. He said that Farmers Branch Lane would bear the bulk of the traffic from the development which would be unsafe for the area. After more discussion, the vote of the motion to approve the site plan for two 16 story buildings failed 3 to 2 with Councilmen Johnson, Haggerty and Weidinger voting "nay", and Councilmen Quevreaux and Dodd voting "aye". AGENDA ITEM NO. C.4-CONSIDER ACTION ON PUBLIC HEARING HELD TO DETERMINE WHETHER SPECIFIC USE. PERMIT SHOULD BE ISSUED FOR OUTSIDE SALES OF NURSERY AND SEASONAL ITEMS IN A LIGHT INDUSTRIAL ZONING DISTRICT AS REQUESTED BY MILFORD STERRY FOR THE PROPETY LOCATED Al L41U VALWVVV rAr-ItWAi. Mayor Bin or gave the following information: Milford Sterry appeared before the City Council on May 7, 1979, to request a specific use permit for outside sales of nursery and garden items. A public hearing was conducted on May 7, 1979. The Council tabled the item until the May 21, 1979 meeting. The Planning and Zoning Commission recommended that the specific use permit be denied and requested the Council to review the request in light of expanding the seasonal sales permit to include produce and other seasonal items. Mr. Milford Sterry was present in behalf of the request for a permanent permit for outside sales of nursery and seasonal items. After some discussion relating to the zoning on the property running with the land rather than the individual, Councilman Haggerty made a motion to approve the specific use permit as requested and directed the City Administration to prepare the appropriate amending ordinance. Councilman Dodd seconded the motion. The motion carried 4 to 1 with Councilmen Haggerty, Dodd, Quevreaux and Weidinger voting "aye", and Councilman Johnson voting "nay". AGENDA ITEM NO. C.5-CONSIDER ORDINANCE NO. 1248 ESTABLISHING PERMIT REQUIREMENT FOR OUTSIDE SALE OF SEASONAL ITEMS. The Council reviewed propose Ordinance No. 1248 that allows a permit to be issued for temporary sales of seasonal items. The ordinance requires the following: 1. An application for temporary permit to be filed. 2. A $50.00 filing fee. 3. Allows permits to be issued only in retail through light industrial zoning districts. Exempts civic groups and churches from the application fee: Vol. 31, Page 27. 4. Allows vegetables, fruits, plants, flowers to be sold, but prohibits furniture, clothes, garden and yard equipment and tools, pots, statues, and other decorator items from being sold. 5. Provided a maximum time limit of 90 days. It also pro- hibits items from being sold on the street, driveways, required front yard and required parking areas. 6. Provides for cancelling or revoking the permit. 7. Provides for appeal to the City Council. A motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", adopted the following captioned Ordinance No. 1248: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PRO- VIDING FOR ISSUANCE OF SPECIAL LIMITED TIME PERMITS FOR THE OUTDOOR SALE OF SEASONAL ITEMS; PROVIDING FOR AN APPLICATION; PROVIDING A FEE; PROVIDING CERTAIN SPECIFIED MINIMAL REQUIREMENTS; PROVIDING FOR THE CITY MANAGER OR HIS DESIGNATEE TO IMPOSE ADDITIONAL REQUIREMENTS; PRO- VIDING FOR DENIAL OF APPLICATIONS; PROVIDING FOR APPEAL TO THE CITY COUNCIL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EMERGENCY. AGENDA ITEM NO. C.6-CONSIDER REQUEST FOR SITE PLAN APPROVAL. VIEW NE, SUITE 101. Mayor Bin or gave the following information. Mr. Donald Jones has requested a specific use permit for a restaruant in a LR-2 zoning district. The restaurant will be located in Suite 101 of the Corner Shopping Center. On April 23, 1979, the Planning and Zoning Commission recommended that the specific use permit be approved with the condition that the site plan be submitted for approval. The site plan was to show such items as screening and location of firewood and refuse container, and location of fences and parking areas. On May 7, 1979, Mr. Jones appeared before the City Council and the item was tabled to allow Mr. Jones time to prepare a site plan; submit it to the Planning and Zoning Commission,and to obtain a recommendation from the Commission. Mr. Jones prepared and and Zoning Commission. that the site plan be in front of the refuse fence be completed and work are to be done at restaurant. submitted the site plan to the Planning The Planning and Zoning Commission recommended approved provided a concrete pad be poured container and the shopping center screening repaired. Screening fence and concrete pad the same time as concrete work on the Mr. Jones revised the site plan to comply with the Planning and Zoning Commission recommendations. A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", adopted the following captioned Ordinance No. 1247 Vol. 31, Page 28. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR A NON-DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW IN A LR-2 ZONING DISTRICT; ESTABLISHING SPECIFIC REQUIREMENTS FOR DEVELOPMENT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. C.7-CONSIDER REQUEST OF FARMERS BRANCH BUSINESS CHAMBER OF COMMERCE CONCERNING TRANSPORTATION COMMITTEE. Mr. Chuck Wade, Vice President o the Farmers Branch Business Chamber of Commerce, representing the Transportation Committee, presented a request to the City Council for help in trying to get Surtran Bus Service to and from the Dallas/Ft.Worth Airport. Mr. Wade is the General Manager of the Hilton L.B.J. Hotel. Mr. Wade reported that in 1980 there will be approximately 1630 hotel rooms in Farmers Branch and there is a concern of transporta- tion facilities to the hotels to and from the airport. He stated that he and other hotel representatives have been unsuccessful in getting Surtran Bus Service to this city. Mr. Wade stated that the service could be provided on a 12 hour day basis at a cost of $21,300.00 a month less the amount of each rider that does pay the Surtran Bus. Mr. Wade stated that this cost divided by the hotels using the service would be a great expense at this time because a few of the hotels will not be completely constructed until approximately the end of 1980. Mr. Wade stated that they have investigated possibilities of private limousine service and hotel van service. Mr. Al Korioth, representative of the Farmers Branch Business Chamber of Commerce was also present, and requested the city's support with the Chamber by adding expertise in approaching the Surtran people for service to Farmers Branch. A discussion was held relating to the possibilities of a park and ride facility in Farmers Branch which would benefit all citizens and business people in Farmers Branch. After more discussion, Councilman Haggerty made a motion that the City of Farmers Branch support the Surtran service for the guests of the hotels as well as for the citizens of the City of Farmers Branch. Councilman Quevreaux seconded the motion. The motion carried 4 to 1 with Councilman Haggerty, Quevreaux, Johnson & Weidinger voting "aye", and Councilman Dodd 'voting "nay". A motion by Councilman Johnson, a second by Councilman Quevreaux, he city all voting "aye", elected Mayor Binford to represent the' and serve on the Transportation Committee of the Farmers Branch Business Chamber of Commerce. Vol. 31, Page 29. AGENDA ITEM NO. C.8-CONSIDER AUTHORIZING PAYMENT OF MEMBERSHIP DUES TO THE FARMERS BRANCH BUSINESS CHAMBER OF COMMERCE FOR CITY EMPLOYEES. This item was placed on the agenda at the request of Councilman Quevreaux. Councilman Quevreaux made a motion that the City Manager be authorized to designate members of the city staff to join the Farmers Branch Business Chamber of Commerce; and the dues for those so designated will be paid by the city from funds accrued through the hotel occupancy tax; and furthermore, those so designated shall not participate in any membership drives while on city time. Councilman Johnson seconded the motion. After some discussion of the Chamber not having adopted a fee schedule at this time, Councilman Dodd made a motion to table this consideration until a fee schedule has been adopted. Councilman Quevreaux seconded the motion. The motion carried 4 to 1 with Councilmen Dodd, Ouevreaux, Haggerty and Weidinger voting "aye", and Councilman Johnson voting "nay". AGENDA ITEM NO. C.9-DISCUSS PAYMENTS TO CHAMBER OF COMMERCE. This item was placed on the agenda at the request o Counci an Quevreaux. Councilman Quevreaux reported that he found the Greater Northwest Chamber of Commerce which serves Addison, Carrollton, Coppell and Farmers Branch has not filed an application in Austin for doing business as a chamber of commerce, and he believes that the city's recent contribution was invalid. Councilman Quevreaux made a motion that the City Administration request a refund of the $1,000.00 which the city paid to the Chamber of Commerce serving Addison, Carrollton, Coppell and Farmers Branch, until this matter is corrected legally. Councilman Johnson seconded the motion. Councilman Quevreaux explained that the intention of the motion was to remove the City Council from any potential lawsuit resulting from an illegal expenditure of tax dollars. Councilman Dodd asked for a legal opinion. of the filing of an application in one name and using another name for the business. City Attorney John Boyle commented that an entity can be authorized as a corporation whether it be a non profit corporation or a private corporation, and receives its charter from the Secretary of State. Mr. Boyle explained the process for the filing of a DBA designation of a corporation with the County Clerk. Mr. Boyle stated that the fact that a DBA designation is not filed does not mean the corpora- tion is operating illegally. A DM would not be filed at the Sec- retary of State's office. A charter for the corporation would be filed at the Secretary of State's office. Vol. 31, Page 30. Mr. Larry Craddock, a member of the Chamber of Commerce serving Addison, Carrollton, Coppell and Farmers Branch, commented that if Farmers Branch withdraws its check at this time from this chamber and then joins the other chamber, this would appear Farmers Branch supported one and not the other. The vote on the motion to request a refund of the dues from the Chamber of Commerce serving Addison, Carrollton, Coppell and Farmers Branch failed 3 to 2. Councilmen Dodd, Haggerty and Weidinger voting "nay", and Councilmen Ouevreaux and Johnson voting "aye". AGENDA ITEM NO. C.10-CONSIDER CALLING PUBLIC HEARING ON FUTURE PLANS FOR MARSH LANE. Mayor Bi.n or reported that the City Council conducted a study session on May 14, 1979 on the subject of widening Marsh Lane. Alternative plans were discussed and the City Council decided to hold a public hearing in order that citizens can see the plans, know what the cost would be and what the time table would be. Councilman Weidinger made a motion to set the date of June 4 as the public hearing date for considering improvements to Marsh Lane. Councilman Haggerty seconded the motion. The motion failed 3 to 2 with Councilmen Ouevreaux, Johnson and Weidinger voting "nay", and Councilmen Dodd and Haggerty voting "aye". After more discussion, Councilman Weidinger made a motion to set the date of June 18 as the public hearing date to consider improve- ments to Marsh Lane. Councilman Quevreaux seconded the motion. Councilman Dodd asked to amend the motion to include that proper notices informing of the hearing be sent to the appropriate pro- perty owners. Councilman Quevreaux and Councilman Weidinger accepted the amendment. The motion carried with all voting "aye". Mr. Wayne Cloud, 3801 Wooded Creek, commented that he thought there should be two hearings since two cities are involved; one hearing for that portion from Valley View Lane to Brookhaven Club Drive and a hearing for that portion from Brookhaven Club Drive to Belt Line Road. After some discussion, City Manager Paul West stated that the plans that have been prepared for Marsh Lane will be available for viewing by anyone at the city hall. AGENDA ITEM NO. C.11-CONSIDER ORDINANCE NO. 1249 ESTABLISHING USER CHARGES. City Manager Paul West explained that Ordinance No. 1249 is one of three ordinances that has been of concern for about 6 or 7 years, ever since the Trinity River Authority took over ownership of the central sewage treatment plant and the City became a contractor for the customers. These ordinances are required to meet the EPA requirements. Trinity River Authority has received a $100 M grant to build the plant and the EPA has certain deadlines for its complaince with its standards. If these three ordinances are Vol. 31, Page 31. not passed and not accepted by the EPA, then TRA will lose the balance of their funding which means an immediate loss of $4M and a potential loss of another $13M. Ordinance No. 1249 establishes user charges. One of the basic requirements of EPA regulations is that each group of customers bear their pro rata share of the cost based on the usage. Usage can be measured either by water consumption or by metering the sewage flow. The proposed rate of $4.00 for up to 2,000 gallons of water consumed was discussed. Councilman Dodd made a motion to adopt the following captioned Ordinance No. 1249: Councilman Haggerty-seconded the motion. The motion carried 4 to 1 with Councilmen Dodd, Haggerty, Johnson and Weidinger voting "aye", and Councilman Ouevreaux voting "nay". AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 2 OF ORDINANCE NO. 1158 SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICES FURNISHED BY THE SANITARY SEWER SYSTEM; AMENDING SECTION 3 OF ORDINANCE NO. 1158, PROVIDING NO DIS- COUNT FOR ANY USER; PROVIDING THAT ALL PORTIONS OF OTHER ORDINANCES NOT IN CONFLICT WITH THIS ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT; AND DECLARING AN EMERGENCY. Mr. Larry Craddock of Thermalloy, Inc., Mr. Dale Albright of Gould, Inc., and Mr. Paul Buckwalter of Texas Color, and a representative from E1 Chico were present and requested the City Council not to take any action on Ordinance Nos. 1250 and 1251 at this time because of the tremendous cost impact on industrial users. Mr. Craddock stated that if extra time was given perhaps the indus-trial users could make pleas to Washington for some relief. AGENDA ITEM NO. C.12-CONSIDER ORDINANCE NO. 1250 PROVIDING FOR AN INDUSTRIAL COST RECOVERY SYSTEM. Councilman Quevreaux made a motion that the Council take no action on Ordinance No. 1250. Councilman Johnson seconded the motion, and all voted "aye". AGENDA ITEM NO. C.13-CONSIDER ORDINANCE NO. 1251 REGULATING SEWER USE. Councilman Johnson made a motion that the Council take no action on Ordinance No. 1251. Councilman Quevreaux seconded the motion, and all voted "aye". Vol, 31, Page 32. AGENDA ITEMS D.1 & D.2 TAKEN OUT OF CONSENT ITEMS. The City Council desire to discuss D.1 an D, separately from the consent items. D.1-Consider Authorization of Payment of Membership Dues to the Unite States Con erence o Mayors. After some discussion, Councilman Dodd made a motion to table this consideration until the Council gets more information as to its benefits for the city. Councilman Quevreaux seconded the motion. The motion carried 4 to 1 with Councilmen Dodd, Quevreaux, Haggerty, and Weidinger voting "aye", and Councilman Johnson voting "nay". D.2-Consider Setting Date for Public Hearing on Use of Revenue Sharing Funds and the Operating Budget for Fiscal Year 1979-1980. Mayor Bin or gave the following information: The Revenue S aring Act, as amended, requires each State and local government to take actions to encourage citizen involvement in the program. Each government must hold a "Proposed Use Hearing". This hearing must be held before a proposed budget is presented to the City Council. In order to allow citizen input with regards to the use of Revenue Sharing Funds in the budget process the "Proposed Use Hearing" is needed before July 1, 1979. This will allow time for the staff to consider any suggestions for the proposed 1979- 80 budget. As in past years this hearing is an excellent time to provide the Council with citizen input regarding the 1979-80 operating budget. Should the Council desire to include the 1979- 80 operating budget in the "Proposed Use Hearing" the City Manager should be so instructed. June 25, 1979 is the suggested date for the public hearing. A motion by Councilman Haggerty, a second by Councilman Quevreaux, all voting "aye", set the date of June 25, 1979 as the Revenue Sharing Fund "Proposed Use Hearing" and for the hearing of the 1979-80 operating budget of the City. After some discussion of the June 25th date conflicting with the regularly scheduled meeting of the Planning and Zoning Commission, A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", rescinded the previous action and set the date of June 18, 1979for the public hearing on use of Revenue Sharing Funds and the operating budget for the fiscal year 1979-80. AGENDA ITEM D.3 - D.8 -CONSENT ITEMS. A motion by Councilman Haggerty, a second by Councilman Johnson, all voting "aye", approved Agenda Consent Items Nos. 3, 4, 5, 6, 7 and 8. The items approved are as follows. 3. A replat of Parts of Lots C-6 and C-7, Block 3 of Metropolitan Industrial Park, Section I, Revised, in order for the building site to be contained in one lot. 4. A final plat of Lot b of Metropolitan Industrial Park, Section 1 of the Bankston Addition. Vol. 31, Page 33. 5. Authorizing the City Manager to enter into a Developers Contract with Executive Styled Homes, and accepted a Hold Harm- less Agreement. 6. A final plat of Executive Estates for property located on the south side of Brookhaven Club Drive, between the two crossings of Golfing Green Drive. 7. A replat of Part of Tract "B", Block 1 Revised, Valley View Place Addition, First Installment, in order to create a building site with dedicated fire lanes and utility easements for a La Ouinta Inn. 8. Awarded the bid to Marriott Brothers, Inc. in the amount of $31,500 for hot mix asphaltic concrete for the Street Depart- ment. 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 CONTE14PLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. F.1-EXECUTIVE SESSION. An Executive Session was held relating to discussions of personnel matters and land acquisition. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. F.2-ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", appointed Dick Chapman to serve on the Parks and Recreation Board, Place 6, for an unexpired term expiring October 1, 1979. AGENDA ITEM NO. F.3 & F.4 - NO NECESSARY ACTION TAKEN. AGENDA ITEM NO. G.1. ADJOURNMENT. motion by Councilman ei inger, a second by Councilman Haggerty, all voting "aye", adjourned the Council meeting of April 21, 1979 at 11:15 P.M.. Mayor Bi Binf d t Secretary Ci A Vol. 31, Page 34.