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1980-04-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING APRIL 21, 1980 COUNCIL CHAMBER POLICE BUILDING The following members of the City Mayor Mayor Pro Tem Councilmen: Council were present: Bill Binford John Dodd Ken Ouevreaux Fred Johnson Pat Haggerty Herb We-idinger 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 Shelley Cranford Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of April 21, 1980 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION. Father Ka er o Mary Immaculate Catholic Church in Farmers Branch gave the invocation. EMERGENCY ITEM DECLARED A motion by Councilman Dodd and a second by Councilman Haggerty, declared an emergency and placed on the agenda as Item D.9-Adopt Tax Policy Statement Concerning Compliance with State Law on Tax Assessment. The motion carried 4 to 1 with Councilmen Dodd, Haggerty, Johnson and Weidinger voting "aye", and Councilman Quevreaux voting "nay" AGENDA ITEM NO. A.2-APPROVAL OF MINUTES. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the minutes as submitted of the meeting of April 7, 1980. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARDS. Mayor Bin or presented five year service awards to Jimmy R. Rhodes of the Street Division and to Don Freeman of the Police Department. Vol. 33, Page 1 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. Mrs. Karen Hopkins, residing at 2748 Bay Meadows Circle in Farmers Branch, appeared before the Council with a request of desiring to serve on the Farmers Branch Hospital Authority Board of Directors. AGENDA ITEM NO. B.3-CONSIDER ADOPTING PROCLAMATION PROCLAIMING MAY 10, r9&0 AS SOCCER COMM1UjTITY NIGHT N FARMERS BRANCH. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", designated May 10, 1980 as Soccer Community Night in Farmers Branch as sponsored by the Farmers Branch Chamber of Commerce serving Addison, Carrollton, Coppell and Farmers Branch. AGENDA ITEM NO. B.4-CONSIDER A SISTER CITY PROGRAM FOR FARMERS BRANCH. Mrs. Ramona Upfield, 13542 Braemar, presented a request to the Council to consider adopting Bassetlaw District in Nottinhamshire, England, as a Sister City for Farmers Branch. Mrs. Upfield also requested that she and her husband James, Mr. and Mrs. Charles Page, Mr. and Mrs. Ted Rickenbacker, Mr. and Mrs. Steve Jordan, and, Dr. and Mrs. Tom Larkin be recognized , as the offical Farmers Branch Sister City Committee of this program. Mrs. Upfield presented to the City a plaque, a handmade bow and arrow set as a gift from the city of Bassetlaw. These gifts were presented to Mrs. Upfield and the group of persons mentioned above during their recent trip to Bassetlaw. After some discussion, Councilman Weidinger, a second by Councilman Dodd, all voting "aye", approved Bassetlaw District in Nottinghamshire, England as the Farmers Branch Sister City, and to recognize the Farmers Branch Sister City Committee as the official coordinator of a Sister City Program as requested by Mrs. Upfield. AGENDA ITEM NO. C.1-PUBLIC HEARING: CONSIDER AMENDING THE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH BY AMENDING THE DEVELOP- STANDARDS ESTABLISHED BY ORDINANCE NO. 845 FOR PLAN DEVELOPMENT DISTRICT NO. 3 WHICH ALLOWS MULTI-FAMILY TWO USES PD-3, MF-2 . t L- J, I'll: - L L) 11V lT L AI, C11 1 1\ll[111'1t11 L 1 J. v/ A V L\L _ [TEST SIDE OF DENNIS LANE AND NORTH OF JOSEY LANE. Mayor Bin or opened the public hearing by giving the following information: Mr. Glen Brovant, President of Brovant Properties, Inc., has stated that his company is ready to proceed with development of the vacant tract of land along the west side of Dennis Lane, immedi- ately north of the Post Office along Josey Lane. The property is zoned PD-3 allowing MF-2 uses. The property was zoned for MF-2 uses in April of 1970. The amending ordinance established by the MF-2 zoning (Ordinance No. 845) not only established the PD-3 (MF-2) zoning, but also established specific development standards for the property. Mr. Brovant feels that three of these standards will have an adverse effect on the development of the property. The three Vol. 33, Page 2. standards in concern are: (1) Standard 3 - A structural masonry screening wall 8 feet in height shall be constructed adjacent to all property zoned for retail purposes (2) Standard 4 - A structural masonry wall 8 feet in height shall be constructed along the right-of-way along Dennis Lane. (3) Standard 5 - The exterior walls of the apartment units shall be a low profile design incorporating a slope mansard roof as the exterior wall of the second story with a maximum building height of 19 feet. Mr. Brovant is requesting that the development standards be amended so as to allow a pitched roof with a maximum building height exceeding 19 feet and deletion or revision of the masonry screen wall requirements. The Planning and Zoning Commission recommended that the development standards be amended as follows: (1) The necessity, location, height, and type of screening fence be determined on the site plan. (2) The mansard roof and attendant 19 foot height restriction are not relevant and should be set aside to allow a pitched roof to be used with the final approval on the site plan. (3) That prior to building permits being issued, a site plan be submitted to the Planning and Zoning Commission and City Council for their consideration and approval. The site plan shall indicate all proposed improvements within the MF-2 area. There being no one desiring to speak, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", closed the public hearing. There followed a discussion between the members of the City Council and Mr. Brovant relating to the present building height requirement of 19'. Mr. Brovant stated that he needed the 26' building height because of economical reasons and in order to constuct a 2 story building with proper roof drainage. Mr. Brovant stated that plans are to attract adult tenants and the approxi- mate rent will be $320 to $340 plus utilities for a one bedroom and, $400 to $450 plus utilites for two bedrooms. The price varies according to the square footage area in the apartment. Other discussions related to density; provision of recreation facilities, landscaping and the screening fence requirements, and, possible conversion to condominiums in the future. After more discussion of the building height requirement versus the building height request, Councilman Haggerty made a motion Vol. 33, Page 3. to adopt the following captioned Ordinance No. 1304, which modifies the recommendation of the Planning and Zoning Commission: Councilman Weidinger seconded the motion. The motion carried 3 to 2 with Councilmen Haggerty, Weidinger, and Dodd voting "aye", and Councilman Quevreaux and Johnson voting "nay". AN ORDINANCE OF THE CITY OF FARMERS BRANCH AMENDING THE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH BY AMENDING SECTIONS 3, 4, 5, AND 7 OF ORDINANCE NUMBER 845 BY AMENDING THE REQUIREMENTS FOR MASONRY SCREENING WALLS, LOW PROFILE DESIGN AND SITE PLAN BY THE PUBLIC WORKS DEPARTMENT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. Mayor Binford opened the public hearing and gave the following informa- tion: Article 24-101 Paragraph (b) of the City Zoning Ordinance requires the Planning and Zoning Commission to make a recommendation to the City Council prior to the City Council taking any action on a proposed amendment supplement or change. On April 14, 1980, the City Planning and Zoning Commission continued consideration of the request for a specific use permit for the rebuilding of auto parts (transmissions) at 14415 Harry Hines. The Commission has not reached a decision or made a recommendation to the City Council concerning the request. Due to the continuation of the item, the City Council cannot take action concerning the request for a specific use permit until after receiving a recommendation from the Planning and Zoning Commission. A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", continued the Public Hearing until May 5, 1980. AGENDA ITEM NO. C.3-PUBLIC HEARING: TO CONSIDER REQUEST FOR A SPECIFIC USE PERMIT FOR AN INDOOR COMMERCIAL AMUSEMENT USE IN A LR-2 ZONING DISTRICT. REQUESTED FOR THE PROPERTY LOCATED AT 14440 JOSEY LANE. Mayor Binford opened the public hearing and gave the following information: Roy and James Childers operate a pizza restaurant at 14440 Josey Lane. The restaurant is within a Local Retail 2 zoning district. A Specific Use Permit for the restaurant was issued Vol. 33, Page 4. AGENDA ITEM NO. C.2-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC on November 20, 1978. The Childers lease a space approximately 27 feet wide by 60 feet deep in the building owned by Daton Manage- ment. The Childers would like to place video games within the restaurant and have applied for a Specific Use Permit to do so. The Planning and Zoning Commission recommended that the Specific Use Permit be denied. Mr. Roy Childers was present and presented the request for a Specific Use Permit to place two video games in the restaurant to stimulate business. Mr. Childers explained that free delivery service by the restaurant had to cease because of the cost of gasoline. The delivery service is available with a charge for that service. With the free delivery service, approximately 90 percent of the business was delivery, with 10 percent eating inside. Mr. Childers stated that with the video games available he hoped would attract customers to the restaurant. There being no one else desiring to sneak, a motion by Councilman Dodd, 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. Childers concerning the location of the restaurant and surrounding uses in the area; the hours of operation of the restaurant; and, defining of video games requested. The Council expressed concern about creating a climate for lottering and of the supervision at the games in the restaurant. Councilman Johnson made a motion to deny the request for the Specific Use Permit for an indoor commercial amusement use at the property located at 14440 Josey Lane, as recommended by the Planning and Zoning Commission. Councilman Haggerty seconded the motion. The motion carried 4 to 1 with Councilmen Johnson, Quevreaux, Haggerty and Weidinger voting "aye", and Councilman Dodd voting "nay". AGENDA ITEM NO. C.4-PUBLIC HEARING TO CONSIDER REQUEST FOR A SPECIFIC USE PERMIT FOR A GASOLINE SERVICE STATION IN AN LI ZONING DISTRICT. REQUEST IS FOR THE PROPERTY LOCATED AT 13613 DALLAS PARKWAY. Mayor Bin or opened the public earing an gave the following informa- tion. Article 24-101, Paragraph (b) of the City Zoning Ordinance requires the Planning and Zoning Commission to make a recommendation before any action on a proposed amendment is taken by the City Council. On April 14, 1980, the Planning and Zoning Commission continued Vol. 33, Page consideration of the request for a specific use permit for a gasoline service station to be located on the property located at 13613 Dallas Parkway. The item was continued until the April 28, 1980 Planning and Zoning Commission meeting, and it is recommended that the City Council continue the hearing until May 5, 1980. A motion by Councilman Weidinger, a second by Councilman Quevreaux, all voting "aye", continued the public hearing until May 5, 1980. AGENDA ITEM NO. C.5-PUBLIC HEARING: TO CONSIDER REQUEST FOR A SPECIFIC USE PERMIT FOR A PRIVATE CLUB IN A PD-16 LR-2 ZONING DISTRICT. REQUES .J. Mayor Bin ford opened the public hearing and gave the fol owing information, Section 8-104 of the City Zoning Ordinance requires a specific use permit to operate a private club within a Planned Development or Local Retail 2 Zoning District. The Red Lobster Restaurant is located at 2833 L.B.J. Freeway and is within PD-16 (LR-2) Zoning District. The Red Lobster Restaurant would like to continue operation of their-restaurant and, in addition, operate a private club for the purposes of selling mixed drinks, beer, and wine to their customers. The Planning and Zoning Commission recommended that the request be denied. Mr. Edwin Anderson, licensed administrator from Orlando, Florida and Mr. Tom Green of Red Lobster Restaurants were present presenting the request. Mr. Anderson explained that Red Lobster Restaurant has been doing business in Farmers Branch since 1973 and would like a private club permit in order to provide liquor to customers. Mr. Anderson reviewed the history of zoning activity on the Red Lobster property. Mr. Anderson explained that the firm originally elected to open 5 restaurants in the Dallas area in 1973, without beer or liquor license. Since 1973, Red Lobster has secured 3 out of that 5 private club licenses. The restaurant in Farmers Branch and one in Irving do not have a private club license. Mr. Anderson statedthat since 1973, Farmers Branch has approved 7 Specific Use Permits for private clubs. He stated that he feels the restaurant has added to the community and requested approval for this private club. Mr. Tom Green presented a slide program in support of the request. The program outlined the operation of the restaurant along the lines of purchasing food, serving food and the operation of private clubs within Red Lobster Restaurants. Mr. Green explained that $237,000 worth of remodeling had recently been completed in the Farmers Branch restaurant. Mr. Green described the design of tiheremodeling. The restaurant will still be advertised as a family restaurant. The restaurant will not entertain a 'happy hour' nor promote the club under any outside sign advertisements. The club will be out of view from the dining area. Mr. Green Vol.33, Page 6. stated that the rarmers Branch restaurant has shown a decline in return of sales in the last few years. Liquor sales is needed in order to increase the guest count and increase the return on sales. The Farmers Branch restaurant is the second to the lowest on return on sales of all restaurants in the Dallas area, Mr. Green reported. Mr. Green stated that Red Lobster is requesting a Specific Use Permit because of economical factors. The following spoke in favor of the request: Mr. Floyd Brown, 13823 Braemar, commented that there is a question of how the City of Farmers Branch can allow a private club at some locations and not at other places. Mr. Brown stated that each request should be based on its own merits and was in favor of the request of Red Lobster. Mr. Don Stearman, 3404 Chaparral, was in favor of the request stating if one was allowed then other permits should be permitted. Mr. Tom Braaten, 2947 Marsann, stated his family ate out frequently and is totally in favor of the request of Red Lobster. Mr. Bob Wood, 14312 Tanglewood, spoke in favor of the request. Mr. Wood stated that Farmers Branch has made exceptions for big hotels and he sees no reason to deny Red Lobster. Mr. Allen Gibbs, 3414 Bevann, spoke in favor of the request. Mr. Steve Korioth of 2772 Bay Meadows, Mr. Martin Fox of 13719 Pyramid, Mr. Don Newlon of 2974 Meadow Green and Miss Silver of 3425 Janlyn, employees of the Farmers Branch Red Lobster, spoke in favor of the request. The reason given for the approval of the request was of customer requests for liquor with their meals. No one was present to speak in opposition to the request. A motion by Councilman Quevreaux, a second by Councilman Haggerty, all voting "aye", closed the public hearing. There followed a discussion between the members of the City Council and Mr. Anderson concerning the remodeling programs of all the Red Lobster restaurants; the lose of income from the lack of liquor sales and not from lack of customers; and of difference in having a private club in a hotel than in a restaurant. Some of the members of the City Council expressed their view on the request. Councilman Quevreaux made a motion to approve the Specific Use Permit. The motion died for the lack of a second. Councilman Johnson made a motion to deny the request of Red Lobster for a Specific Use Permit to operate a private club. Councilman Haggerty seconded the motion. The motion carried 4 to 1 with Councilman Johnson, Haggerty, Dodd and Weidinger voting "aye", and Councilman Quevreaux voting "nay". Vol. 33, Page 9. AGENDA ITEM NO. C,6-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF PARK PLACE ADDITION. Mayor Bin ford gave the following information from a memo to the Council from the Administration: Park Place Addition is located on the south side of Farmers Branch Lane just west of Tom Field Road. The property is located within an R-2 Residential Zoning District. The property is being platted to create three new residential home sites. The plat has been reviewed by the City Engineering Division and it complies with all final plat require- ments. All utilities are presently available to the site and no major improvements to Farmers Branch Lane are proposed; therefore, no Developer's Contract for this site appears to be required. The Planning and Zoning Commission reviewed this plat and recommended that the plat be approved. Mr. Jerry Parks, owner and developer, was present in behalf of the request. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", approved the final plat for Park Place Addition located on the south side of Farmers Branch Lane just west of Tom Field Road. AGENDA ITEM NO. C.7-CONSIDER REQUEST FOR A CIVIC AND PHILANTHROPIC USE. REQUESTED FOR THE PROPERTY AT 13303 JOSEY LANE. Mayor Binford gave the following information from a memo to the Council from the Administration: Mr. David Mako, manager of the McDonald's restaurant at 13303 Josey Lane, requests,in behalf of McDonald's, approval of a McDonald's sponsored sock hop. The sock hop would be conducted outside of the building in a roped off area of the parking lot, on Wednesday, April 23, 1980. A card board replica of the McDonald's restaurant will be erected in the parking lot and will house a disc jockey. The sock hop will be conducted from 5:00 P.M. until 9:00 P.M. on Wednesday night only. Mr. David Mako was present in behalf of the request. Mr. Mako explained that the date had been changed from Wednesday until the following Sunday, April 27, 1980. The event is to celebrate McHappy Day. On this day McDonald's will donate $.25 to the Ronald McDonald House for each Big Mac that is purchased in their restaurants. McDonald's House is a halfway house provided for parents of hospitalized children. Mr. Mako described plans for the event. After some discussion, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", approved Resolution No. 80-007 that authorized the McDonald's restaurant to conduct a sock hop at their restaurant at 13303 Josey Lane on Sunday, April 27, 1980, during the hours of 5:00 P.M. until 9:00 P.M.. Vol. 33, Page 8. AGENDA ITEM NO. DA-DISCUSS THE DESIGN OF MARSH LANE BETT.ATEEN BROOKHAVEN CLUB DRIVE AND BELT LINE ROAD. This item was placed on the agenda at the request of Councilman Haggerty. Mr. John Porterfield, the City Engineer,-outline alternative plans for improvements to Marsh Lane from sketches that were displayed and gave estimated costs for these improvements. There was discussion among the members of the Council that the Council voted on December 17, 1979, that left Marsh Lane pavement as is and that any future pavement be constructed to the east. The Council discussed this action was the consensus of the citizens along this area in Farmers Branch. Councilman Haggerty explained that he requested to discuss this further in that Marsh Lane is an unsafe street and will further be hazardous when Carrollton constructs Marsh Lane from Belt Line to Keller Springs to a 6 land roadway. Councilman Haggerty proposed that the Administration get with the Addison Administration and see if agreeable plans can be reached on improving Marsh Lane to a 2 two lane roadway with a 14' median and with the western road not be less than 20' from the residential fences. Also, he proposed that the road jog to the west at a point north of the residential area and bring the road closer to abutting property in Farmers Branch. There was discussion that the citizens along the area abutting Marsh Lane were not notified of this item being on the agenda. Mr. Bob Wood of 14312 Tanglewood and Mrs. Marian Smith of 14319 Tanglewood commented in opposition to the widening of Marsh Lane. Mr. Dick Chapman of 14466 Tanglewood spoke in behalf of Mrs. Lewin of 3639 Pine Valley stating that Mrs. Lewin did not wish Marsh Lane to be constructed any closer to her fence than it is now. Mr. Melvin Locklear of 3057 Longmeade stated he lived close to Webb Chapel and he did not want it or had a choice when widened at the time of its improvement. He stated he feels there is a need for Marsh Lane to be widened. Councilmen Haggerty and Dodd described possible ways for improve- ments to Marsh Lane. Following more discussion among the members of the City Council and citizens in the audience, Councilman Dodd made a motion to maintain the existing roadbase, toxrr out and lowered with berms put in, and f,h,e replacing road not be brought any closer to the Farmers Branch residential area; but, after Tanglewood curve feasibly and conceptionally to bring it closer to the Farmers Branch apartment property units. Vol, 33, Page 9. Councilman Haggerty questioned if the intent of the motion was to construct Marsh Lane, making it a double two lane road, 14 foot median, with the roadbed not be closer that it is.presently to the residential area and then bending over west in Farmers Branch area. Councilman Dodd so moved. Councilman Haggerty seconded the motion. The motion carried 3 to 2 with Councilmen Dodd, Haggerty, and Weidinger voting "aye" and Councilmen Ouevreaux and Johnson voting "nay". AGENDA ITEM NO. D.2-CONSIDER SETTING PUBLIC HEARING FOR AMENDMENT TO THOROUGHFARE PLAN IN AREA OF FARMERS BRANCH OFFICE PARK AND INWOOD ROAD. Due to lack of notification to contiguous property owners, the Council is requested to reset a public hearing date. A motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", set the Public Hearing on May 5th, 1980, to consider amending the Thoroughfare Plan in the area of Farmers Branch Office Park and Inwood Road. AGENDA ITEM NO. D.3-CONSIDER SETTING PUBLIC HEARING FOR AMENDMENT TO THOROUGHFARE PLAN IN AREA OF DARRELL ROAD AND ARBORVIEW STREET. Due to lack o noti ication to contiguous property owners, the Council is requested to reset a public hearing date. A motion by Councilman Quevreaux, a second by Councilman Haggerty, all voting "aye", set the Public Hearing on May 5th, 1980, to consider amending the Thoroughfare Plan in the area of Darrell Road and Arborview Street. AGENDA ITEM NO. D.4-CONSIDER SETTING PUBLIC HEARING FOR AMENDMENT TO THOROUGHFARE PLAN IN AREA OF LUNA ROAD AND L.B.J. IH635 AND ROYAL LANE. Due to lack of proper notification to contiguous property owners, the Council is requested to reset a public hearing date. A motion by Councilman Johnson, a second by Councilman Weidinger, all voting "aye", set the Public Hearing on May 5th, 1980, to consider amending the Thoroughfare Plan in area of Luna Road and L.B.J. (IH635) and Royal Lane. AGENDA ITEM NO. D.5-CONSIDER RESOLUTION CHANGING THE NUMBER OF MEMBERS ON THE INDUSTRIAL DEVELOPMENT CORPORATION BOARD. Mayor Bin or explained that the Council passe a motion on November 19, 1979, changing the number of the Directors of the Industrial Development Corporation from six to four. State law requires the adoption of a resolution for this change. Vol. 33, Page 10. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", adopted Resolution No. 80-008 and the Article of Amendment, that changes the number of Directors of the Industrial Development Corporation from six to four. AGENDA ITEM NO. D.6-CONSIDER AUTHORIZING THE PAYMENT OF CHAMBERS OF COMMERCE DUES. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", authorized the payment of dues to the Farmers Branch Business Chamber of Commerce in the amount of $1,000.00, and to The Chamber of Commerce, serving Addision, Carrollton, Coppell, Farmers Branch in the amount of $1,000.00; and that these be paid out of the Hotel Occupancy Tax fund. AGENDA ITEM NO. D.7-CONSIDER APPROPRIATING FUNDS FOR SALARY ADJUSTMENTS. This item was placed on the agenda at the request of Councilman Johnson. Councilman Johnson proposed a cost of living increase across the board for all city employees. Councilman Johnson stated that the city increases has not kept up with the inflation rate and feels that the City will lose quality people and will not be able to attract quality people to employ. Councilman Johnson proposed a cost of living incrase of 64% effective May 1, 1980 and another cost of living increase of 6,% effective October 1, 1980. After some discussion of studying this further, Councilman Dodd made a motion to table this item for further study. Councilman Haggerty seconded the motion. The motion carried 4 to 1 with Councilmen Dodd, Haggerty, Quevreaux and Weidinger voting "aye", and Councilman Johnson voting "nay". AGENDA ITEM NO. D.8-CONSIDER SETTING DATE FOR STUDY SESSION. After some discussion o having a study session to stu y andfill facilities and employees salary adjustment, Councilman Dodd made a motion to have a study session on May 5, 1980, at 4:00 P.M. at the City Hall. Councilman Haggerty seconded the motion. The motion carried with all voting "aye", and Councilman Quevreaux abstaining. Vol. 33, Page 11. AGENDA ITEM NO. D.9- ADOPT TAX POLICY STATEMENT CONCERNING COMPLIANCE WITH STATE LAW ON TAX ASSESSMENT. This item was placed on the agenda at the request of Councilman Dodd. Councilman Dodd presented his request for a tax policy statement to be adopted by the Council. Councilman Haggerty made a motion that the following statement be adopted: The purpose of going to 100% assessment versus 50% assessment is not to increase tax revenue but to comply with State Law. Councilman Dodd seconded the motion. The motion carried 3 to 2 with Councilmen Haggerty, Dodd and Weidinger voting "aye", and Councilman Johnson and Quevreaux voting "nay". OTHER COMMENTS. Mrs. Carol Dingman, 3605 Tanglewood Circle, stated that the Planning and Zoning Commission requested a traffic study be made on the area of Josey Lane and Dennis where the proposed apartments are to be. 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, SECTION 2 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. EA-EXECUTIVE SESSION. An executive session was held relating to personnel matters. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye", reappointed Doug McNeill to serve Place 6 on the Planning and Zoning Commission for a three year term, conditioned upon acceptance of the appointment. Councilman Dodd made a motion to reappoint Joe Koegler to serve Place 7 on the Planning and Zoning Commission for a three year term, conditioned upon his acceptance of the appointment. Councilman Haggerty seconded the motion. Vol, 33, Wage 12. The motion carried 4 to 1 with Councilmen Dodd, Haggerty, Ouevreaux and Weidinger voting "aye", and Councilman Johnson voting "nay". Councilman Haggerty made a motion appointing Councilman Herb Weidinger, as the official NCTCOG voting representative from the City of Farmers Branch. 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". A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", reappointed Tommy Rowell as Place 1, Dorothy Leckie as Place 3 and Sally Booty as Place 7, to serve another two year term on the Library Board, conditioned upon their acceptance of the appointment; and, that the Mayor send a letter to the high school principals in Farmers Branch asking for a recommendation of a student to serve Place 4 on the Library Board. A motion by Councilman Haggerty, a second by Councilman Johnson, all voting "aye", appointed Richard W. Thomas, B. R. Gilbreath, and James D. Andrews to serve on the Tax Board of Equalization. AGENDA ITEM NO. E.3 AND NO. E.4-NO ACTION NEEDED. a second by Councilman Weidinger, City Council meeting of April 21, Vol. 33, Page 13. AGENDA ITEM NO. F.1-ADJOURNMENT. A motion by Counci man Haggerty, all voting "aye", adjourned the