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1979-09-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING SEPTEMBER 17, 1979 COUNCIL CHAMBER POLICE BUILDING All members of the City Council were present: Mayor Bill Binford Mayor Pro Tem John Dodd Councilmen: Ken Quevreaux Fred Johnson Pat Haggerty Herb Weidinger The following members of the City Administration were present: City Manager Paul M. West City Secretary J. W. Wade City Attorney John Boyle Public Information Officer Sherry Walden Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of September 17, 1979 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION. 'C'ouncilman Johnson gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF SEPTEMBER 4, 1979 MINUTES. A motion by Counci man Ouevreaux, a second by Counci man Dodd, all voting "aye", approved the minutes as submitted of the City Council meeting of September 4, 1979. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARD. Ilayor Bin or state that Mr. Cor it Trapp o the Street Division was unable to be present for the presentation of a five year service award for his employment with the city. AGENDA ITEM NO. B.2-PRESENTATION OF BOARD APPLICATIONS TO CITY COUNCIL. Mayor Binford explained that this item is 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.3- PRESENTATION OF CERTIFICATES OF APPRECIATION. Mayor Binford presented certificates of appreciation to Drs. James Arledge and Jim Miller for their services and participation in the recent rabies innoculation program in Farmers Branch. Vol. 31, Page 103. AGENDA ITEM NO. B.4-CONSIDER ACCEPTANCE OF DONATION FROM THE FARMERS BRANCH CIVIC LEAGUE. Mrs. Rut ha Shackelford o the Farmers Branch Civic League organiza- tion listed items as:an electric clock, an automatic can opener and knife sharperner, 60 brown Samsonite chairs, 15 King Arthur card tables, an 18 foot Kruegar table and an antique breakfront. These items have been purchased by the Civic League and Mrs. Shackelford formally presented them to the city to be used in the Farmers Branch Community Building. Councilman Dodd pointed out that the Civic League has donated items amounting to over $18,000.00 for the community building. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", accepted the gracious gifts donated by the Farmers Branch Civic League to be used in the Farmers Branch Community Building. AGENDA ITEM NO. C.1-PUBLIC HEARING: CONSIDER WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR AN AUTOMOTIVE REPAIR GARAGE IN A LIGHT INDUSTRIAL ZONING DISTRICT. REQUESTED BY HENRY I. McGEE FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF INWOOD ROAD AND DARRELL ROAD. Mayor Binford opened the continued public hearing of August 20, 1979. The purpose of the continuation was to allow time for a study to be conducted to determine thefuture status of Darrell and Arborview Roads. Mayor Binford gave the following information: Mr. Henry McGee would like to construct an automotive repair garage at the north- west corner of Inwood Road and Darrell Road. The property is located within a Light Industrial Zoning District. Section 8-114 (b) of the city Zoning Ordinance states that ger.{eral repair garages are allowed only with a Specific Use Permit in LI Zoning Districts. Mr. McGee is seeking a Specific Use Permit so that he may construct a building that would contain an automotive repair garage in a LI Zoning District. The Planning and Zoning Commission recommended that the request be denied. Mayor Binford asked if there was anyone in the audience that wished to speak in favor or against this request. The following spoke: Mr_ Henry McGee presented his request for the Specific Use Permit to construct and operate an automotive service center. All services will be performed inside the building. The automotive service center will be a preventative maintenance type operation. Mr. McGee proposes a 6,000 sq.ft. building on the property with an estimated cost of $300,000 with equipment. Mr. McGee estimates the property to cost $150,000. Mr. McGee requested the City Council to override the recommendation of the Planning and Zoning Commission and grant the Specific Use Permit. Vol. 31, Page 104. There was discussion of the representatives for Mr. McGee securing the signatures of all property owners involved on the legal instruments for the abandonment of Darrell Road and presenting them for verification to the City Staff, and after that the zoning be considered. Councilman Dodd made a motion to deny the request for the Specific Use Permit as requested by the Planning and Zoning Commission. Councilman Johnson made a motion to table the motion to deny the request. Councilman Quevreaux seconded Councilman Johnson's motion. The motion to table carried unanimously. AGENDA ITEM NO. C.2-DISCUSS THE REQUEST FOR THE FORMATION OF AN INDUSTRIAL DEVELOPMENT CORPORATION AND CONSIDER TAKING ALL NECESSARY ACTION. Mayor Bin ford explained that Pittsburg Plate Glass has asked the Council to consider the formation of an Industrial Development Corporation. Mayor Binford called on Mr. Earnie Krute of the PPG Treasurer's office to describe the nature of his request. Mr. Krute described the operations and told of future plans of the PPG business in Farmers Branch. PPG established a regional tempering facility in Farmers Branch in 1974 with an 11,000 sq. ft. facility on a one acre tract of land and with approximately 10 individuals. In 1976, PPG expanded the facility with another acre of land with an employment of approximately 30 people, and adding the Twin-dow insulated glass manufacturing line. An office expansion was added in 1979 making a 32,000 sq. ft. facility on the two acre site and employing approximately 40 people. Mr. Krute explained that present plans are to erect a new 84,000 sq.ft. facility on a 6.3 acre tract all within Farmers Branch with the anticipation of employing approximately 50 people. Mr. Krute described proposed operations of installing a new tempering furnace. Mr. Krute distributed a copy of the 1978 Shareholders Annual Report, a copy of the 1979 second-quarter Shareholders News, and a copy of a brochure describing the history of PPG Industiries. Mr. Krute explained that PPG is the 100th largest industrial company in the United States; the company has a credit rating of AA by Moody's and A+ by Standard and Pores; and is a multi- divisional, multi-national company. Vol. 31, Page 106. Mrs. Mary Heads Carter, one of the owners of the property in question, spoke in favor of the Specific Use Permit. Mrs. Carter stated that she was interested in selling her property and this use would enhance the area. Mr. Mike Egan, attorney for Mr. McGee, supported the request for the Specific Use Permit. Mr. Egan stated that Mr. McGee was presently operating the Auto Pro Corporated facility at the corner of Marsh Lane and Preston Road, and believes the property in question is a better location. The facility would service all General Motor automobiles. The hours of operation would be from 8:00 A.M. to 5:00 P.M. but would open at 7:00 A.M. and close at 6:00 P.M.. Mrs. Lois Craig, 10204 Kilkenny in Dallas, and working for Ebby Halliday Realty Company, questioned whether Councilman Haggerty had a conflict of interest in considering this item since his .employer, Hank Dickerson & Company, may have some potential financial interest in the property in question. Mrs. Craig is the agent involved in trying to sell the property. Councilman Haggerty stated that he had no conflict of interest. City Attorney John Boyle explained that a Councilman had no conflict of interest on things that come before the Council unless the Councilman has a direct contractual involvement where benefit would flow directly. Mr. Boyle stated that in his judgement no information had been submitted to indicate a conflict of interest. Mrs. Wanda Payne, 2125 Sam Houston in Carrollton, representing her mother, Mrs. John Gray, the other owner of the property in question, spoke in favor of the Specific Use Permit. There being no one else wishing to speak, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", closed the public hearing. A discussion was held between the members of the City Council, Mrs. John Gray, Mrs. Lois Craig,.Mr. Egan and Mr. McGee concerning the procedure for abandonment of Darrell Road by securing all signatures of property owners involved agreeing to the abandonment. If this is accomplished then the road right-of-way would be dedicated to the property owner involved. If the agreement cannot be secured by all property owners then Mr. McGee would have to improve the street according to the specifications of the city. A discussion was held relating to the property owners combining all properties- together to try to sell as one unit. City Attorney John Boyle stated that two questions are in discussion at this time, (1) the Specific Use Permit zoning, and (2) consideration of abandonment of Darrell Road. Vol, 31, Page 105. Mr. Krute stated they feel they are good responsible corporate citizens and are attempting to meet all the necessary environmental, OSHA, and other government agencies dealing with workers. Mr. Krute stated that PPG had utilized the industrial development financing in other locations. Mr. Krute displayed slides depicting what had been done in other cities and states as far as other tax exempt bond financing. Mr. Krute explained that the utilization of industrial development financing is a supplement beneficial to a large company who continues to expand. Mr. Krute explained they feel industrial development financing would be an attractive offering for the City of Farmers Branch to large industries. It would be no cost to the city. The use of the City's credit is not involved and the city's bonds would not be affected by the issuance of any industrial develop- ment financing. The development corporation would review all applications and requests of any interested companies and then decide whether or not the company is to become part of the financing. Mayor Binford called Ray Hutchison to give some assurances that the city assumes no responsibility of the corporation if formed. Mr. Ray Hutchison, Attorney for the City, explained that pursuant to the Development Corporation Act of 1979, cities and counties of Texas are authorized to upon application of three registered voters within the city, to create local industrial development corporations for the purpose of taking advantage of favorable tax regulations. The Industrial Corporation Act simply pro- vides that no obligation ever created by such a corporation shall ever be the obligation of any city or county or other public body that would sponsor such a corporation. Mr. Hutchison explained the procedure that should be followed if the request is approved. PPG will submit an application signed by three registered voters of Farmers Branch and if the Council decides to proceed, a resolution forming the corporation is needed to be adopted by the City Council. Mr. Hutchison explained that the City Council appoints the Board of Directors and that it is the prerogative of the Council to remove any director with or without cause. The Board of Directors can include any qualified voter in the city, and can totally or partially include members of the City Council. It is also the prerogative of the Council to amend the articles of incorporation of the corporation formed. It is also the right of the Council to abolish the corporation at anytime. Mr. Hutchison stated that PPG Industries were asked to answer some 20 questions in relation to this project for the purpose of determining whether or not this was an exercise in futility because the Treasurer regulations are very complex. Mr. Hutchison stated that he had received the questionnaire and this project clearly complies with the applicable Treasury regulations as well as the regulations of the Texas Industrial Commission which will have to approve any financing. Vol. 31, Page 107. Mr. Hutchison explained that the questionnaire reveals that PPG has an option on the property that expires shortly and this is the reason for the rush for the consideration of the corporation. PPG cannot proceed with the exercise of an option under applicable treasury regulations unless the corporation is formed and the corporation adopts a resolution saying that bonds are going to be issued. If the Council proceeds it would be anticipated that the corporation would be formed by the end of this week through the Secretary of State's office and then the Board of Directors would be asked to meet on Monday, September 24, 1979, in order to take the official action under the Treasury regulations to pro- ceed with the PPG project. Then, PPG would be in a position of being able to go forward with its acquisition and construction. Councilman Weidinger and Councilman Haggerty expressed opposition to the consideration because of not having ample time to investigate and study all aspects of forming such a corporation. Discussions were held between the members of the City Council, Attorney Ray Hutchison and Mr. Krute relating to the quickness of the consideration; of Mr. Hutchison's law experience in Municipal Bonds; of the city not being liable in anyway of actions of an Industrial Development Corporation; the procedure of forming the corporation and for selling bonds; the possibility of other companies applying to the corporation; PPG's request; and the method of selecting members for the Board of Directors. Councilman Weidinger asked that the records show that he will not serve on this Board. After more discussion, Councilman Quevreaux made a motion to adopt a resolution authorizing the creation of the City of Farmers Branch Industrial Development Corporation under the Industrial Develop- ment Corporation Act of 1979. Councilman Dodd seconded the motion. With more discussion, Councilman Haggerty made a motion to table this consideration. Councilman Weidinger seconded the motion. The motion to table failed 3 to 2 with Councilmen Haggerty and Weidinger voting "aye", and Councilmen Quevreaux, Dodd and Johnson voting "nay". Councilman Dodd asked to amend Councilman Quevreaux's motion that the City Staff be instructed to take whatever action is necessary under the City Attorney's direction to the formation of an Industrial Development Corporation. Councilman Johnson asked to amend the motion that the Board of Directors will be the incumbent City Council members. Councilman Quevreaux accepted the amendments. Councilman Quevreaux's motion with amendments carried 3 to 2. Councilmen Quevreaux, Dodd and Johnson voted "aye", and Councilmen Haggerty and Weidinger voted "nay". (A copy of the transcript of this portion of the minutes is to be filed and microfilmed with this meeting information packet.) Vol. 31, Page 108. AGENDA ITEM NOS. 3 AND 4-CONSIDER TERM OF HISTORIC LANDMARK PRESERVATION COMMITTEE AND RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION. Councilman Quevreaux stated that he had requested Item 3 to be placed on the agenda and since the item is one of the recommenda- tions of Planning and Commission, Item 3 and Item 4 can be discussed together. Councilman Quevreaux listed the following three recommendations the City Council received from the Planning and Zoning Commission: 1. The City Council set a schedule for study of the PD-5 area and the LBJ Zoning in order to help the Planning and Zoning Commission complete its study of the area. 2. The City Council explore the possibility of turning the Gilbert House and adjacent properties into a park and that the action take place in this budget year. 3. The Historic Landmark Preservation Committee be continued as a functioning committee until such time as the City Council disbands the committee. Councilman Dodd raised a question as to whether the Historic Landmark Preservation Committee had served its purpose. Mrs. Carol Dingman, member of the Planning and Zoning Commission, discussed the Commission's intention of getting the Historic Landmark Preservation Committee to work with them on the some 22 sites listed in a report submitted to the Commission by the Committee. After more discussion, Councilman Quevreaux made a motion to approve the three recommendations received from the Planning and Zoning Commission which are listed above. Councilman Johnson seconded the motion. Upon discussion of specific time for continuing the Historic Landmark Preservation Committee's term, Councilman Quevreaux amended his motion to include that the term be continued of the Historic Landmark Preservation Committee for six months commencing August 13, 1980. Councilman Johnson accepted the amendment. The motion carried unanimously. Councilman Quevreaux requested Mayor Binford to contact the present members of the Historic Landmark Preservation Committee inquiring as to whether they would like to serve another six months on the Committee. Councilmand Dodd asked that the Park and Recreation Board be included in on the studies for proposals of park land. Mayor Binford will get with Planning and Zoning Commission Chairman J. C. Foster and set a date for a meeting between the City Council and the Planning and Zoning Commission for studying the PD-5 area and the L.B.J. Zoning. Vol. 31, Page 109. AGENDA ITEM NO. C.5-CONSIDER AWARDING THE BID FOR THE CONSTRUCTION OF MARSH LANE BRIDGE AT FARMERS BRANCH CREEK. Mayor Bin ford gave the following information from a:memo to the Council from the City Administration: The City mailed ten invita- ion to bid letters and only two bids were submitted. All contractors that declined to bid were contacted. Each contractor said the reason they were not bidding the job was that their schedules were so full they could not begin construction until 1980. J-N Construction Company submitted the lowest and best bid in the amount of $326,363.66. Mr. Mark Boehm, son of John Boehm of 13802 Wooded Creek Drive, addressed the Council making statements opposing to any construction that would take any of their property; and, of the removal and replacing of the existing dam. A discussion was held between the members of the City Council relating to the plans for Marsh Lane, the construction of the bridge, and the removal and replacing of the existing bridge. Mayor Binford pointed out that the scope of the contract for the bridge construction includes removal of the existing drainage structure, relocation, and improvements of an existing sanitary sewer line, construction of the bridge abutments, columns, pan girders, bridge slab, and north and south approach slabs. There are several other construction elements necessary for the completion of Marsh Lane which are not included in this bid. These include the constru- ction of the second roadway from Valley View to Brookhaven Club Drive, drainage improvements along the roadway, acquisition of right-of-way and construction of a new dam, channel improvements, traffic signals at Valley View, Wooded Creek, and Brookhaven Club Drive, and construction of the pathway and pedestrian bridge. After more discussion of removing the dam, Councilman Haggerty made a motion to award the bid to J-N Construction Company in the amount of $324,363.00 for the construction of a bridge on Marsh Lane at Farmers Branch Creek. Councilman Johnson seconded the motion. The motion carried 3 to 2. Councilmen Haggerty, Johnson and Weidinger voted "aye", and Councilmen Quevreaux and Dodd voted "nay". Councilman Dodd stated that the reason he voted against was because he believed the Council pledged to the people in the area that the dam would be replaced if it was taken out. Upon more discussion of future plans for replacing the dam, Council- man Dodd changed his vote on the motion. The motion to award the bid on the bridge carried 4 to 1. AGENDA ITEM NO. C.6-PUBLIC HEARING: CONSIDER EXPENDITURE OF REVENUE SHARING FUNDS AND THE OPERATING BUDGET FOR THE 1979-19 FISCAL YEAR OF THE CITY. Mayor Binford explained that after Council study sessions, Alter- nate I and Alternate II budget proposals have been prepared for consideration. Vol. 31, Page 110 . Alternate I provides for a 10(,% tax rate reduction. Alternate II provides for a reduction in water revenues and keeping the existing tax rate. Mayor Binford declared the public hearing open for input for the expenditure of Revenue Sharing Funds and the 1979-1980 Operating Budget for the city. The following citizens spoke: 1. Mr. Harold Rummel, residing at 14530 Cypress Point, President of the Farmers Branch Chapter of the American Association of Retired Persons, presented a request on behalf of the Association to raise the tax exemption to $10,000 for the senior citizens of Farmers Branch. 2. Mrs. Catherine Reeves, residing at 3122 Brookhaven Club Drive, Chairman of SAGA (Special Action Group on Aging), and Director of Second Milers, a social group for senior adults of Farmers Branch and Carrollton area, presented a request in behalf of these two groups to increase the tax exemption for the 65 years and older citizens. 3. Mr. George Grimmer, 3040 Eric Lane, asked the homestead exemption not be raised for the senior citizens because all city services will still be used. He did recommend that the school tax exemption be increased because this service is no longer need by the senior citizens. Mr. Grimmer requested that the water main replacement program be given high priority for expenditures. Mayor Binford stated that all Revenue Sharing Funds are planned to be spent on the water main rep acement program. 4. Mr. Bill Lawson, 2662 Mt. View suggested that the Council go out and investigate and find o t how many citizens in Farmers Branch are in need. There being no one else wishing to speak, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", closed the public hearing. AGENDA ITEM NO. C.7-CONSIDER ORDINANCE NO. 1264 ADOPTING THE 1979- 1980 R THE CITY FARMERS BRANCH. The Council reviewed the two budgets presented, Alternate No. 1 and Alternate No. 2. Councilman Johnson and Councilman Quevreaux spoke against proposal Alternate No. 1 reducing the tax rate and spoke for proposal Alternate No. 2 which would provide for the reduction in water and sewer costs to the citizens. Present and future costs for sewer charges by TRA were discussed. Mr. Jerry Smith, 2508 Rugby, inquired as to when the Cook Creeks sanitary sewer problem would be fixed. Mayor Binford informed that the Cook Creeks drainage project is No. 1 priority on the Capital Improvement Project list. Vol. 31, Page 111. Councilmen Haggerty, Dodd and Weidinger spoke in favor of the Alternate No. 1 proposal calling for a 10(~ tax rate reduction. After more discussion, a motion by Councilman Weidinger made a motion to adopt the following captioned Ordinance No. 1264 which is the Alternate No. 1 proposal; and, increased the senior citizens, 65 years and older, homestead exemption from $5,000 to $7,000. Councilman Dodd seconded the motion. Councilman Haggerty asked to amend the motion to include the refunding of water deposits to citizens having deposits up more than three years. Councilmen Weidinger and Dodd accepted the amendment. The motion and amendment carried 3 to 2 with Councilmen Weidinger, Dodd and Haggerty voting "aye", and Councilmen Quevreaux and Johnson voting "nay". ORDINANCE NO. 1264 CAPTION. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1979, AND ENDING SEPTEMBER 30, 1980, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. C.8-CONSIDER ORDINANCE NO. 1276 SETTING TAX RATE FOR THE CITY FOR 1979-80 FISCAL YEAR. A motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", adopted Ordinance No. 1276 that the tax rate is to be levied for the year 1979 on all taxable property, real, personal or mixed, located within the City of Farmers Branch, and fixed at $1.05 per $100.00. AGENDA ITEM NO. C.9-CONSIDER ORDINANCE NO. 1266 ESTABLISHING WATER RATES. Mayor Bin ord explained that this item i.s not appropriate for consider- ation since budget proposal No. 1 was adopted. AGENDA ITEM NO. C.10-CONSIDER ORDINANCE NO. 1267 ESTABLISHING SEWER RATES. Mayor Binford stated that the Trinity River Authority has increased charges for sewer to the City of Farmers Branch in the amount of $300,000.00. An ordinance providing for increased rates based on water usage is being considered for the recovery of the $300,000.00. The present sewage rates establish a $8.50 maximum for residential usage with no maximum on commerical. The proposed rates establish a $10.20 maximum for residential usage with no maximum on commercial. The increased revenues derived from the passage of this ordinance have been included in the 1979-80 operating budget. Vol. 31, Page 112. After some discussion that the city would be penalized through its contract if the charges were.not paid, a motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye adopted the following captioned Ordinance No. 1267: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 2 OF ORDINANCE NO. 1249 SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICES FURNISHED BY THE SANITARY SEWER SYSTEM; PROVIDING FOR ALL PORTIONS OF OTHER ORDINANCES NOT IN CONFLICT WITH THIS ORDI- NANCE SHALL REMAIN IN FULL FORCE AND EFFECT; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. C.11-CONSIDER ADOPTING ORDINANCE NO. 1273, ESTABLISHING RATES FOR COLLECTION OF COMMERCIAL SANITATION CONTAINERS. A motion y Councilman Quevreaux, a second by Councilman Haggerty, all voting "aye", adopted the following captioned Ordinance No. 1273: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 14-38 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS; AND AMENDING SECTION 2 OF ORDINANCE NO.1161 OF THE CITY OF FARMERS BRANCH, TEXAS; PROVIDING MONTHLY RATES FOR THREE (3), FOUR (4), SIX (6), AND EIGHT (8) CUBIC YARD CONTAINERS; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. AGENDA ITEM NO. C.12-CONSIDER ORDINANCE NO. 1272 AMENDING BUILDING CODE ESTABLISHING INSPECTION FEES UNDER CERTAIN CONDITIONS. Ordinance No. 1272 was reviewed by the Council. The ordinance establishes a fee for special inspections that are requested by contractors after regular working hours. This fee would not be applied to emergency inspections such as gas line relays, sewer line relays, or electrical service repairs. A motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye", adopted the following captioned Ordinance No. 1272: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE 1976 EDITION OF THE UNIFORM BUILDING CODE, ALSO KNOWN AS THE BUILDING CODE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; BY ADDING SECTION 305 (g) SPECIAL INSPECTION FEES; PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR INJUNCTIVE RELIEF, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUN- DRED DOLLARS ($200.00) FOR EACH OFFENSE, AND DECLARING AN EMERGENCY. AGENDA ITEM NO. D.-CONSENT ITEMS. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", approved Consent Items No. D.1, D.2, D.3, D.4 and D.S: The approved items are as follows: D.1 Approved final plat of Metropolitan Business Park, Section 5 located on the east side of Midway Road, north of Spring Valley Road in order to create a building site,for a two-story office complex. Vol. 31, Page 113. D.2 Approved final plat of Southcourt Business Center located east of Midway Road on Beltwood Parkway South in order to create a building site. D.3 Approved a replat of Olinkraft Subdivision located on Alpha Road in order to create an additional building site for Olinkraft, Inc. D.4 Adopted the following captioned Ordinance No. 1274 levying the assessment paving rate for Josey Lane: AN ORDINANCE LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING PORTIONS OF CERTAIN STREETS IN THE CITY OF FARMERS BRANCH TO-WIT: BEING JOSEY LANE FROM ITS SOUTH RIGHT-OF-WAY LINE OF RAWHIDE PARKWAY, NORTH TO SOUTH RIGHT-OF-WAY LINE OF SPRINGVALE LANE; FIXING CHARGES AND LIENS AGAINST THE PROPERTY ABUTTING THEREON AND AGAINST THE REAL AND TRUE OWNERS THEREOF; PROVIDING FOR COLLECTION OF SUCH ASSESSMENTS; AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. D.5 Adopted the following captioned Ordinance No. 1275 levying the assessment paving rate for Midway Road. AN ORDINANCE LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING PORTIONS OF CERTAIN STREETS IN THE CITY OF FARMERS BRANCH TO-WIT; MIDWAY ROAD FROM THE SOUTH RIGHT-OF-WAY LINE OF SPRING VALLEY ROAD, NORTH TO THE CITY LIMIT LINE OF THE CITY OF FARMERS BRANCH, TEXAS; FIXING CHARGES AND LIENS AGAINST THE PROPERTY ABUTTING THEREON AND AGAINST THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR COLLECTION OF SUCH ASSESSMENTS; AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. 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 Personnel Matters. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Vol. 31, Page 114. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", increased City Manager Paul Nest's salary by 72% effective October 1, 1979; and, reappointed Lorraine Skamfer, Eleanor McGowan, Barney Wood, Doug Abbott, Dan Chrisman and Dick Chapman to the Parks and Recreation Board for another two year term, conditioned upon acceptance of the appointment, AGENDA ITEM NOS. E.3 AND E.4-NO NECESSARY ACTION NEEDED. AGENDA ITEM NO. F.1-ADJOURNTMENT. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", adjourned the City Council meeting of September 17 1979 at 11:59 P.M.. Mayor Bit info tj Cir ecretary Vol. 31, Page 115.