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1980-05-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING MAY 19, 1980 COUNCIL CHAMBER POLICE BUILDING The following members of the Mayor Mayor Pro Tem Councilmen: City Council were present: Bill Binford John Dodd Fred Johnson Pat Haggerty Herb Weidinger The following member of the City Council was absent: Councilman Ken Quevreaux 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 May 19, 1980 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION. Councilman Fred Johnson gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES A ter consi eration, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", approved the minutes of the meeting of May 5, 1980 as submitted. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARDS. Mayor Binford presented a 15 year service award to Lu Wheeler of the Finance Division and a 20 year service award to Jerry Smith of the Police Department for their employment with the city. AGENDA ITEM NO. B.2.-PRESENTATION OF PROGRAM ON DENGUE FEVER. Building Official Tom Scales an City Sanitarian Tom McDougall pre- sented a slide program on Dengue Fever. This is a program that explains Dengue Fever, how it spreads and of steps that can be taken to prevent Dengue Fever. The program will be available for showing to schools, clubs, civic organizations, and other groups interested in its viewing. The members of the Council expressed appreciation for the program and agreed that the program should be made available to interested groups. Vol. 33, Page 30. AGENDA ITEM NO. B.3-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 of commission an opportunity to meet and address the City Council. Mr. Ricky Sorrells, residing at 13310 Nestle Street in Farmers Branch, appeared before the Council with a request of desiring to serve on the Planning and Zoning Commission or the Zoning Board of Adjustments. AGENDA ITEM NO. B.4-CONSIDER PROCLAIMING THE WEEK OF MAY 19 THROUGH MAY AS NATIONAL PUBLIC WORKS WEEK. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", proclaimed the week of May 18 through May 24 as Public Works Week in Farmers Branch. AGENDA ITEM NO. C.1-DISCUSS THE DESIGN OF VALLEY VIEW LANE BETWEEN TEMPLETON TRAIL AND MARSH LANE. This item was placed on the agenda at the request of Mr. and Mrs. Norwood Meyer of 3519 Bevann Drive. Mr. Sam N. Vilches, Jr., residing at 3539 Bevann, spoke in behalf of the citizens living on Bevann that backs up to Valley View between Templeton Trail and Marsh Lane. Mr. Vilches presented questions of concern relating to the proposed widening improvements for Valley View from Templeton Trail and Midway Road. Ouestions and discussions were in the nature of: What are the present plans for widening Valley View?, Is there a necessity for 6 lanes divided?, If so, how was it determined?, and, Have there been studies made to see the traffic flow that uses Valley View Lane? Mayor Binford answered that the plans for widening Valley View Lane to a 6 lane thoroughfare had been in existence since 1972, and that traffic counts had been made. Mayor Binford reported that Valley View is very heavily travelled with approximately 21,500 vehicles per day, and compared that with the traffic load of approximately 22,000 on Webb Chapel per day. Mr. Vilches explained that the proposed street right of way will be within 5' of his property line, taking into fact that there is a 15' easement alleyway behind his fence. Mr. Vilches opposed the street being so close to his property. A discussion was held relating to the traffic strudies made on Valley View when the Brookhaven College was being developed, and of the proposed plans for the development of the property north of Valley View Lane in the area of concern. Mr. Vilches stated that he had heard there maybe some consideration for Valley View being 4 lanes divided,with two lanes each direction. Mr. Vilches stated that he would be in favor of the 4 lanes divided plans with 'no parking at anytime' on h6th-8ides of Valley View between Templeton Trail to Marsh Lane. Vol. 33, Page 31. Mr. Vilches pointed out that on Valley View west of Templeton Trail the third lane is used for a parking lane,particularly the north side just east of Webb Chapel in front of the residences. Also, he pointed out that there would be no reason for parking along Valley View between Templeton Trail to Marsh because there would be no residences facing Valley View. There was discussion between the members of the City Council relating to anticipated traffic increase on Valley View by proposed future developments in the eastern area of the city; of the city's plans to go out for bids for the Valley View improvements in the near future; and, of preserving the treeline on both sides of the street. Mr. J. P. Schwander, 3511 Bevann, suggested that the street be moved further north,even if it did mean removing the north treeline. Mr. Schwander stated that alternatives should be considered to help reroute the traffic coming from the east industrial area. Mr. Schwander spoke in concern of preserving the hedgerow behind the houses of Bevann that back up to Valley View. Mr. Schwander questioned why the city placed stakes in the hedgerow behind these houses. City Engineer John Porterfield answered that the stakes show the existing property line and are not construction stakes. Mr. J. J. Hawn of Brookhaven Development, the developers of the vacant property across Valley View from Bevann, spoke in favor of the possibility of improving Valley View Lane to a 4 lane street rather than 6 lanes. There was more discussion among the members of the Council of studying the possibility of improving Valley View between Templeton Trail to Marsh Lane to 4 lanes with no parking on the sides. Another suggestion from a Councilman was to study the possibility of maybe 3 lanes, with one lane in one-direct16n and two lanes the other direction. Mayor Binford stated that this item would be further studied to see if plans needed to be feasibly revised. Mayor Bin or opened the public hearing. American National Trans- missions would like to locate a transmission shop located at the northwest corner of IH35E and Valwood Parkway. The property is zoned Light Industrial and a Specific Use Permit is required. The property has previously been used as a service station, trailer sales facility, and a paint and body shop. The Planning and Zoning Commission recommended that the request be denied without prejudice, which allows the applicant to reapply at a later date if he so desires, without waiting the normal eighteen month period. Vol. 33, Page 32. AGENDA ITEM N0. C.2-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC There being no one in the audience wishing to speak, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", closed the public hearing. After some discussion, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", denied the request of American National Transmissions for a Specific Use Permit for the property located at 14415 Harry Hines, without prejudice as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.3-PUBLIC HEARING: TO CONSIDER REQUEST FOR A SPECIFIC Mayor in or opened the public hearing. The City's Zoning Ordinance requires a Specific Use Permit to operate a gasoline service station in a LI Zoning District. Mr. Roland Dickey, Jr. would like to install a self-service gasoline station at the northwest corner of Dallas Parkway and Alpha Road. There is an existing barbeque restaurant on the property at 13613 Dallas North Parkway. The self-service gasoline service station is proposed to be located at the south end of the parking lot near the intersection of Dallas Parkway and Alpha Road. A tentative site plan of the proposed station has been submitted by Mr. Dickey. The Planning and Zoning Commission recommended that the request be denied. 1h% Roland Dickey, 13613 Dallas Parkway, presented the request for a Specific Use Permit for a gasoline service station at 13613 Dallas North Parkway. Mr. Dickey stated that there is not a gasoline station on the Dallas Parkway between L.B.J. and Belt Line Road, and there was a need for one. Mr. Dickey stated that Dickey's Barbeque Rest- aurant has more property than is needed for the restaurant. There is more parking space provided on the site than is needed and required. Mr. Dickey explained that they would like to utilize the excess area by erecting a self service gasoline station on the property at the intersection of Dallas Parkway and Alpha Road. Mr. Dickey reviewed plans for improvements to the parking lot to provide the gasoline sales facility. Areas of the asphalt will be torn out and landscaped with berms to make the site attractive. Mr. Dickey explained that the gasoline service station will be closed during the lunch crowd peak time of the restaurant of 11:00 A.M. to 1:00 P.M. daily. Mr. Dickey explained plans for traffic ingress and egress for the property, if the station would be allowed. Mr. Dickey stated that he had heard at the Planning and Zoning Commission meeting that the Parkway maybe a toll road later and he thinks he should not be penalized for what may or may not happen in the future. 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. Vol. 33, Page 33. The members of the Council reviewed with Mr. Dickey the proposed plans for the service station. Matters of concern were discussed such as traffic, ingress and egress to the restaurant and the proposed station; and of the existing congested traffic situation at the intersection of Dallas Parkway and Alpha Road. After more discussion, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", denied the request for the Specific Use Permit for a gasoline service station at 13613 Dallas North Parkway. AGENDA ITEM NO. C.4-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR AN INDOOR CO1,1MERCIAL AMUSEMENT USE IN A PD-1 LI,O ZONING DISTRICT AT 099 VALLEY VIEW LANE. Mayor Binford opened the public hearing. Centre Plaza Hotel Co. Ltd., the owners of the Centre Plaza Hotel being constructed at 4099 Valley View Lane would like to install a game room in the hotel. Section 8-104 of the City's Zoning Ordinance requires a Specific Use Permit to operate a game room, commercial indoor amusement use, in a LI or PD Zoning District. The property is zoned PD-1 (LI,O). The proposed game room will house a maximum of 8 electronic video type games, the room will be a maximum of 14' x 14' in size for a total area of 196 sq.ft. Representatives of the hotel state that the game room is part of an amusement package needed by the hotel in order to qualify for the Holiday Inn Holidome Rating. The Planning and Zoning Commission recommended that the request for the Specific Use Permit be approved with the following conditions: 1. That there be a maximum of 8 video type games in the game room. 2. That the room be a maximum of 14' x 14' in size with a maximum area of 194 sq.ft. Mr. Don Boitnott, representative of the Inns of the Americas who are developing a Holiday Inn at 4099 Valley View Lane, presented a request for the Specific Use Permit for an indoor commercial amusement use (game room) Mr. Boitnott stated that the game room is needed in order to qualify the hotel for a Holidome rating. Holidome rating will give the Holiday Inn special classification in their reservation system and qualify for benefits for weekend package rates to the public. An associate with Mr. Boitnott explai Inn Holidome Rating requirements. Mr. Boitnott explained that the 14' x type games will be located on a lower mechanical room off the atrium area. from the machines. Zed,the reasons for the Holiday 14'game room,housing 8 electronic level in a corner next to the There will be no noise created Vol. 33, Page 34. Mr. Boitnott stated that the Holiday Inn desires to attract family customers with children. A pool, the game room and the exercise room are facilities to attract the families. If this is granted, it will be the first Holidome in Dallas County. No one else spoke in favor of the request. The following spoke in opposition to the request. Mr. John Herndon, residing at 13517 Rawhide Parkway, a member of the Planning and Zoning Commission, spoke in concern of statements made at the Planning and Zoning Commission meeting relating that the Holiday Inn is not catering to small children. Mr. Herndon spoke in concern that no activities are planned for small children up to 8 years of age. Mr. Herndon stated that the Council has to decide whether the Council wants another game room in the City for 2 of the last 3 Specific Use Permit requests have been denied. There being no one else wishing to speak, a motion by Councilman Johnson, a second by Councilman W eidinger, all voting "aye", closed the public hearing. A discussion was held between the members of the City Council and Mr. Boitnott concerning the requirements for qualifying for the Holidome Rating, and of the supervision of the facility. Also discussed by Mr. Boitnott was that activities of the hotel catered to primarily older kids and adults. Mr. Boitnott informed that the hotel would have 24 hour security and it will be difficult for outside street business to get to the game room. Mr. Boitnott stated that the game machines would be coin operated in order to cover the cost of the maintenance of the machines which are leased from someone who has the machines. There was discussion among the members of the City Council concerning the lack of a clear definition as far as games, amusement, and this type of device in what is acceptable and not acceptable for Specific Use Permits for an indoor commercial amusement use. After more discussion of being consistent in the Council's action on requests for Specific Use Permits for game rooms, a motion by Counci- man Haggerty, a second by Councilman Dodd, all voting "aye", tabled the action on the request for the Specific Use Permit for an indoor commercial amusement use at 4099 Valley View Lane and instructed the City Administration and Planning and Zoning Commission to come up with a recommendation on a consistent policy for game room use. Vol. 33, Page 35. AGENDA ITEM NO. C.5-PUBLIC HEARING CONTINUATION: TO CONSIDER AMEND- MENT TO THOROUGHFARE PLAN IN AREA OF DARRELL ROAD AND ARBORVIEW STREET. Mayor Binford reopened the public hearing. This public hearing was continued from the City Council meeting of May 5, 1980. It was believed that one of the property owners adjacent to the affected area had not been notified of the Public Hearing. While the name of the property owner had been inadvertently left off the-list' bf property owners that was sent notices which was included in the Council's packet, the property owner had actually been sent a notice by certified mail and a signed receipt proving delivery had been made has been received by the City. All affected property owners were notified of the continuation of the public hearing. The City Administration recommended that the thoroughfare/street plan be amended as requested by Amelang/Hall Investment Builders with the exception that Arborview Street would have a 60' right- of-way and a 44' paved section and that an additional 60' right- of-way along the north side of the property be provided for access. The request for a thoroughfare/street plan amendment was made by Amelang/Hall Investment Builders for a proposed commercial develop- ment. This firm has consolidated several of the small properties in the Darrell/Arborview area and is proposing to redevelop a portion of this area for commercial and/or office/showroom uses. Mayor Binford informed that at the beginning of the meeting the Council received a letter from Mr. and Mrs. Andrew Anderson stating their approval of the request. Mr. Bob Hall of Amelang/Hall Investment Builders was present in behalf of the request. Mr. Hall stated that all property owners concerned have been in favor of the request except the one owner on the west who has not indicated oneway or the other. Mr. Hall stated that he understood that the City Council can amend the thoroughfare plan without such a positive response from all involved. City Attorney John Boyle explained that the establishment of a thoroughfare plan does not require any agreement by any of the property owners. By the City Ordinance requirement, notice of any proposed change is to be given to all property owners involved. If any additional right-of-way is required to implement any thorough- fare plan the City Council would have to either acquire that through a plat or by eminent domain or by execution of a deed. If a street or a portion of a street of a proposed amendment is to be abandoned, the City Council has the ability by ordinance to actually abandon the city's or the public's right and interest. The city has no ability to close a street until the city has secured acquiesce and agreement of all property owners involved. There was discussion that the City Council could implement the plan presented if the property came in as a plat or through eminent domain. Also discussed was that there was nothing that precludes the Council from adopting this plan presented. Vol. 33, Page 36.' Mrs. Juanita Payne, residing in Carrollton, stated she was the owner of the John Gray Estates on Darrell Road. Mr. Payne spoke in favor of closing Darrell Road. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", closed the public hearing. After some discussion, Councilman Haggerty made a motion to adopt the amendment to the Thoroughfare Plan requested by Amelang/Hall Investment Builders by vacating Darrell Road, vacating the alley, and increasing the width of Arborview to satisfy the City's thoroughfare requirements. Councilman Weidinger seconded the motion. The motion carried unanimously. AGENDA ITEM NO. C.6-CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER'S CONTRACT BETWEEN BG14 PARTNERSHIP AND THE CITY OF FARMERS BRANCH, AND ACCEPT A HOLD HAP.MLESS AGREEMENT FOR THE BGW ADDITION. Mayor Binford gave the following information from a memo to the Council from the Administration: The Developer's Contract for the BGW Addition provides for the installation of the required public improvements for the addition in accordance with the city's current subdivision ordinance. This land is being platted and public improvements will be installed according to the provisions of the contract before issuance of a certificate of occupancy. After reviewing the contract, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", authorized the City Manager to sign a Developer's Contract between BGW Partnership and the City of Farmers Branch, and accepted a hold harmless agreement for the BGW Addition. AGENDA ITEM NO. C.7-CONSIDER REOUEST FOR FINAL PLAT APPROVAL OF BGW ADDITION, A REPLAT OF PARTS OF LOTS C-5 AND C-4 OF METROPO- LITAN INDUSTRIAL PARK NO. 1. Mayor Binford gave the following information from a memo to the Council from the Administration: This tract of land is located southeast of the intersection of Dex Drive and Nall Road. The property is located in a Light Industrial (LI) Zoning district. This site is being replatted in order to create a building site for a warehouse. The plat has been reviewed by the Engineering Division and it complies with the requirements for final plat approval. After reviewing the plat, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", approved the plat of BGW Addition, a replat of parts of Lots C-5 and C-4 of Metropolitan Industrial Park No.l. Vol. 33, Page 37. AGENDA ITEM NO. C.8-CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN _ A DEVELOPER'S CONTRACT BETWEEN G. F. RAY, JR. AND THE CITY OF FARMERS BRANCH, AND ACCEPT A HOLD HARMLESS AGREEMENT FOR THE RAY ADDITION. Mayor Bin or gave the following information from a memo to the Council from the Administration: The Developer's Contract for the Ray Addition provides for the installation of the required public improvements for the addition in accordance with the city's current subdivision ordinance. This land is being platted and public improvements will be installed according to the pro- vision of this contract before issuance of a Certificate of Occupancy. After reviewing the contract, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", authorized the City Manager to sign a Developer's Contract between G.F. Ray, Jr. and the City of Farmers Branch, and accepted a hold harmless agreement for the Ray Addition. AGENDA ITEM NO. C.9-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF THE RAY ADDITION. Mayor Bin or gave the following information from a memo to the Council from the Administration: This tract of land is located between Harry Hines Blvd. (IH#35 northbound service road) and Denton Drive north of Cooks Creek. The property is located in a Light Industrial (LI) Zoning District. This site is being replatted in order to create a building site upon which a parking lot will be constructed. The plat has been reviewed by the Engineering Division and it complies with the requirements for final plat approval. After reviewing the plat, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", approved the final plat of the Ray Addition located between Harry Hines Blvd. and Denton Drive. AGENDA ITEM NO. C.10-CONSIDER REQUEST FOR VARIANCE FROM CITY POLICY ON FINANCING UTILITIES IN NEW DEVELOPMENTS. This stem was placed on the agenda at the reauest of Mr.. Ronald D. Richards of the Woodbine Development Company. Mr. Richards, representing; Hunt Investment Corporation of 3200 First National Bank Building in Dallas; Dr. Albert Haft and Mr. Joe Novoa of Albert Haft and Associates, the engineering firm for the G.loodbine Development Company, were present.in behalf of the proposed development of Valwood Park-Farmers Branch. Mr. Richards presented a request that the city share in the cost of a sanitary sewer system that extends across the Woodbine Development proposal which is property reclaimed by the Farmers Branch-Carrollton Flood Control District. Mr. Richards described past experiences in designing plans for the sanitary sewer system across the Hunt property in the western area of the city. Mr. Richards explained that the TRA sanitary sewer line was not designed to serve the Hunt property in the flood plain by gravity. The sewer from the 300 acres within the - i Vol. 33, Page 38. Valwood Park-Farmers Branch project must be lifted into the TRA line. Mr. Richards stated that the city's lift station, that was built in the 1950's on Cook's Branch, east of the Rock Island Railroad, pumps the sewage south along the railroad approximately 2900' and then flows by gravity into another TPA line located south of Valley View Lane. This lift station is antiquated, hard to maintain, and the city realizes that it needs to either be replaced or eliminated. Mr. Richards explained their latest design for the sewer system that he thought was in the best interest of the city from the point of view of initial capital costs and as well as operation and maintenance costs. The design was the construction of a gravity line which would be within a proposed street right-of- way at an estimated cost of $220,000.00. The line would eliminate the city's existing lift station and then Woodbine would construct independent lines that would enter two lift stations to handle the development at an estimated cost of $680,000.00. The construction of a gravity line from the Present lift station to the TRA, along the proposed street right-of-way, would eliminate the need for Woodbine to construct approximately 1200 feet of 8 inch sewer along the proposed development. Mr. Richards stated they would, share in the cost of the gravity line, and he feels this is the best alternative for the developers and the city. Mr. Richards stated that he did not think they should bear the total cost to serve 900 acres when they were only developing 300 acres. There followed a lengthy discussion between the members of the Council and Mr. Richards and Mr. Novoa relating to the requirement of developers paying for the construction of water and sewer facilities in the developments; of Mr. Richard's offer to pay for the cost of one bttdge and half the cost of the other bridge proposed in the western area; of the statements by Mr. Richards relating to problems with the city in preparing plans for his development; of uossible reimbursement on a pro rata basis by properties that would be developed in the future where the water and sewer lines passed by:and the collection of the reimbursement; of the cost in the approximate amount of $220,000 for oversizing the system to serve the area; and of the cost of lift stations and their operation and maintenance costs. Councilman Haggerty made a motion that the City of Farmers Branch agrees to pay the cost of excess capacity of the sewer line which will eliminate a lift station,as such a line is installed, but not to exceed the amount of $200,000.00. Mayor Binford declared the motion dead because of lack of a second. Mr. Richards stated that he had hoped the Council would agree that they would reimbuse the city for the cost of that portion of the land they would benefit from; and that the motion did not take into consideration of inflationary cycles. Vol, 33, rage 39. There followed more lengthy discussions of the installation of the sewer system in this area; the cost of replacing the pumps and putting in gravity flow lines, and of the developers being responsi- ble for all costs of the installation of improvements to the developers property. Councilman Haggerty made the motion that the city Day for the cost of the sewer system up to $200,000.00. Councilman tileidinger 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. More discussion followed between Mr. Richards and the members of the Council relating to the development of the Hunt,Property. AGENDA ITEM NO. C.11-CONSIDER AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT FOR SURVEYING SERVICE ON THE VALLEY VIEW LANE Mayor Bin or gave the of owing information from a memo to the Council from the Administration: In an effort to complete the proposed paving plans for the Valley View Lane/Marsh Lane/Alpha Road Project, the Engineering Division has evaluated several alternative methods of obtaining the necessary field data (survey information) with which the plans will be designed by. Due to the current heavy workload of the City's survey crew, some existing projects would have to be interrupted or delayed so that the field work for the Valley View/Marsh Lane/Alpha Road Project could be performed. Several surveying and engineering firms were contacted to determine the costs and availability of crews to perform the necessary field work. The City received two proposals for providing the surveying services and existing condition plans. Both consultants were interviewed and their proposals evaluated. The Administration recommended that an agreement between the firm of Espey, Huston & Associates and the City of Farmers Branch for surveying services on the Valley View/Marsh Lane/Alpha Road Project for a fee not to exceed $12,000.00 be executed. After some consideration, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", authorized the City Manager to enter into an agreement with Espey, Huston & Associates for surveying services on the Valley View/Marsh Lane/Alpha Road Project for a fee not to exceed $12,000.00. AGENDA ITEM NO. D.1-DISCUSS CITY COUNCIL MEETING DATES FOR MONTH OF JUNE. This item was placed on the agenda at the request of Councilman Haggerty. Vol. 33, Page 40. After some discussion that all members of the Council will be out of the city attending a Texas Municipal League Conference on the date of the first regular scheduled Council meeting in June, Councilman Haggerty made a motion to reset the dates for the Council to meet May 29 and June 16, 1980. The motion died for the lack of a second. Councilman Johnson made a motion to have only one meeting in June and that be June 16, 1980, unless city business warrants a special called meeting for another date. Councilman Dodd seconded the motion and ask to amend that a study session be held on June 16, 1980 at 4:00 P.M. at the City Hall. Councilman Johnson accepted the amendment. The motion carried 3 to 1 with Councilmen Johnson, Dodd and Weidinger voting "aye", and Councilman Haggerty voting "nay". AGENDA ITEM NOT D.2 DISCUSS CHARTER REVISIONS. This item was placed on the agenda at the request of Councilman Weidinger. After some discussion of reviewing and restudying the charter to see if in compliance with State Law, and, of the need for establishing guidelines for a citizens charter study committee, Councilman Haggerty made a motion to studv and determine what criteria is needed for a citizens charter study committee at the Council's study session on June 16, 1980. Councilman Weidinger seconded the motion and asked to amend that the City advertise that the Council is establishing a Charter Study Committee and is accepting applications from interested citizens for that committee. Councilman Haggerty accepted the amendment. After some discussion, Councilman Dodd made a motion to table this item. Councilman Johnson seconded the motion. The motion carried 3 to 2 with Councilmen Haggerty and Weidinger voting "nay", and Councilmen Dodd and Johnson voting "aye", and Mayor Binford voting "aye" to break the tie. AGENDA ITEM NO. D.3-CONSIDER ORDINANCE NO. 1301 -PROVIDING A FRANCHISE TO THE CITY OF CARROLLTON FOR THE PLACEMENT OF A WATER LINE ALONG VALWOOD PARK14AY -SECOND READING. Mayor Binford gave the following information from a memo to the Council from the Administration. This second reading is required by the charter of;-the City of Farmers Branch. This second reading and approval will mean that the franchise ordinance has been finally passed. However, the franchise ordinance does not take effect until sixty (60) days after it final passage. Vol, 33, Page 41. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1301: AN OP-DINANCE GRANTING A FRANCHISE TO USE, OPERATE AND MAINTAIN A UTILITY SYSTEM WITHIN A DEDICATED PUBLIC STREET RIGHT-OF-WAY (ALONG VALWOOD PARKWAY) TO THE. CITY OF CARROLLTON, TEXAS, FOR A TERM OF 99 YEARS; PROVIDING RESTRICTIONS AIND REQUIREMENTS; PROVIDING AN ANNUAL FEE; PROVIDING FOR REVOCATION AND TERMINATION; PROVIDING FOR A HOLD HARMLESS AGREEMENT AND INSURANCE; PROVIDING FOR WRITTEN ACCEPTANCE BY THE GRANTEES; PROVIDING AN EFFECTIVE DATE. AGENDA ITEM NO. D.4-CONSIDER ORDINANCE NO. 1302-PROVIDING A FRANCHISE TO THE CITY OF CARROLLTON FOR THE PLACEMENT OF A WATER LINE ALONG VALLEY VIEW LANE - SECOND READING. Mayor Bin or gave the following information from a memo to the Council from the Administration. This second reading is required by the charter of the City of Farmers Branch. This second reading and approval will mean that the franchise ordinance has been finally passed. However, the franchise ordinance does not take effect until sixty (60) days after its final passage. After some consideration a motion by Councilman Johnson, a second by, Councilman Weidinger, all voting "aye", adopted the following captioned Ordinance No. 1302: AN ORDINANCE GRANTING A FRANCHISE TO USE, OPERATE AND MAINTAIN A UTILITY SYSTEM WITHIN A DEDICATED PUBLIC STREET RIGHT-OF-WAY (ALONG VALLEY VIEW LANE) TO THE CITY OF CARROLLTON, TEXAS, FOR A TERM OF 99 YEARS; PROVIDING RESTRICTIONS AND REQUIREMENTS; PROVIDING AN ANNUAL FEE; PROVIDING FOR REVOCATION AND TERMINA- TION; PROVIDING FOR A HOLD HARMLESS AGREEMENT AND INSURANCE; PROVIDING FOR WRITTEN ACCEPTANCE BY THE GRANTEES; PROVIDING AN EFFECTIVE DATE. _AGENDA ITEM NO. D.5-CONSIDER THE RENTAL OF CONCRETE READY MIX TRUCKS. Mayor Binford gave the following information from a memo to the Council from;the Administration: The City of Farmers Branch is currently having difficulty obtaining concrete in the quantities needed for various construction projects. Although the City has authorization to purchase concrete from three ready mix suppliers, only one has been able to deliver concrete on any kind of a regular basis. In order to facilitate the construction of city projects requiring concrete, the staff is asking permission to lease ready mix trucks when needed to assure delivery of concrete. Metro Concrete Company is willing to lease ready mix trucks at $75.00 per hour, with driver included. The trucks would be leased on an hourly basis and only as needed. Vol. 33, Page 42. There followed a discussion on the need for getting the concrete to the projects when needed. Mr. Alvin Thomas, 2668 Leta Mae, suggested the Administration contact Nelson Brothers of Lewisville who are concrete suppliers, for he believe they could supply the city will all the concrete they needed. After some discussion of the suggestion of Mr. Thomas, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", authorized the City Manager to lease concrete ready mix trucks from Metro Concrete Company at $75.00 per hour, as needed to supply concrete; and, authorized the Administration to negotiate with Nelson Brothers of Lewisville for supplying concrete. 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 ACOUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. EA-EXECUTIVE SESSION. An executive session was held at this point in the meeting. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Haggerty made a motion that there be no city policy that restricts any city employee from attending City Council meetings. Councilman Weidinger seconded the motion. The motion (carried 3 to 1, with Councilmen Haggerty, Weidinger and Dodd voting "aye", and Councilman Johnson voting "nay". A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", appointed Vernon Smith to serve Place 5 on the Zoning Board of Adjustment and Building Code Board of Appeals, conditioned upon the acceptance of the appointment. AGENDA ITEM NO. E.3-NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION. A motion by Councilman Weidinger, a second by Councilman Johnson, all voting "aye", authorized Frank Booth to take whatever legal action is necessary to maintain the city's right to a hearing before the Texas Water Commission. Vol. 33, Page 43, AGENDA ITEM NO. E.4-NECESSARY ACTION ON LAND ACQUISITION. Councilman Johnson made a motion to authorized E he City Manager to sign a sales contract for Tract #3 and purchase Tracts 1, 2 and 3 for the amount of $490,849.00 and this amount to be made available by loans from the Emergency Reserve and Capital Improvement Funds. Councilman Dodd seconded the motion. The motion carried 3 to 2 with Councilmen Haggerty and Weidinger voting "nay", and Councilmen Johnson and Dodd voting "aye", and Mayor Binford voting "aye" breaking the tie. AGENDA ITEM NO. F.1-ADJOURNMENT. A motion by Councilman Johnson, a second by Councilman Haggerty, all voting "aye", adjourned the City Council meeting of May 19, 1980 at 11:49 P.M.. Mayor Bill Bi or L"j, 4 City cretary Vol. 33, Page 44.