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1981-08-03 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING AUGUST 3, 1981 COUNCIL CHAMBER POLICE BUILDING The following members of the City Mayor Mayor Pro Tem Council Members: Council were present: Bill Binford Herb Weidinger John Dodd Fred Johnson Carol Dingman Pat Haggerty The following members of the City Administration were present: City Manager Paul M. West City Secretary J. W. Wade City Attorney John Boyle, Jr. Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting on August 3, 1981 to order at 7:30 P.M. AGENDA ITEM NO. A. 1 INVOCATION. City Secretary J. W. Wade gave the invocation. AGENDA ITEM NO. A. 2 APPROVAL OF MINUTES. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", approved the minutes of the meeting of July 20, 1981 with the following corrections: Vol. 35, Page 65, top of page first paragraph to read; "The Planning and Zoning Commission recommended that the City Council grant the specific use permit with the condition that all 14 items and questions listed on the information memo be complied with or answered satisfactorily and with the condition that the parking lot be reversed so as to have the parking on the west side of the building and the fire lane be modified accordingly. Vol. 35, Page 66 fourth paragraph to read: "Upon more discussion of some of the recommended 14 items being questions to be answered, Councilman Dodd made a motion to table this consideration until, the next meeting for the staff to clarify the 14 listed items. Councilman Weidinger seconded the motion, and all voted "aye"." AGENDA ITEM NO. B. 1 PRESENTATION OF SERVICE AWARDS. Mayor Binford presented a 5 year service award to Tarry Smart of the Police Department, and a 20 year award to Donald W. Atteberry of the Police Department. AGENDA ITEM NO. B. 2 PRESENTATION OF BOARD APPLICATIONS. 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. Vol. 35, Page 78. Mr. Robert Mason, 3424 Janlyn, Farmers Branch, presented an application desiring to serve on the Hospital Board, the Planning and Zoning Commission, or the Parks and Recreation Board in order listed. AGENDA ITEM NO. C. 1 CONSIDER REQUEST FOR A SPECIFIC USE PERMIT FOR "RETAIL AUTOMOBILE STEREO SALES AND OUTSIDE INSTALLATION." REQUESTED FOR THE PROPERTY LOCATED AT 101 JOSEY SQUARE SHOPPING CENTER. Mayor Binford opened the public hearing by giving the following information from an administrative memo. Mr. Johnny A. Cook of 3515 Whitney in Carrollton, Texas, operates a car stereo and radio retail sales store at 101 Josey Square Shopping Center. The shopping center is in an LR-2 zoning district. Mr. Cook would like to install the equipment sold at his retail store in an outside, open area located at the rear of his building. The City's Zoning Ordinance requires a Specific Use Permit for the outside installation of automobile stereo and radio equipment in an LR-2 zoning district. Mr. Cook is requesting the City Council approve the request for a Specific Use Permit. The Planning and Zoning Commission recommends that the Specific Use Permit be approved with 18 conditions. Mr. J. Caskie, attorney representing Johnny Cook, was present in behalf of the request and discussed in detail portions of the conditions recommended by the Planning and Zoning Zommission. Mr. Caskie described Mr. Cook's operation of installing stereo and radio equipment in automobiles. 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. Mr. Caskie submitted for Council's approval a drawing of a site plan for the Specific Use. The site plan complied with the items of the recommendation of the Planning and Zoning Commission relating to areas of providing installation area, installation parking spaces, and vehicle waiting parking area. Mr. Caskie stated that Mr. Cook shared a trash container with other tenants. He explained that there was very little trash created by the operation. Mr. Caskie asked they not be required to screen the installation area from the residential areas. He explained he did not feel there was a need for the screening because of egress and ingress to the back area of the other tenants in the Shopping Center. Mr. Caskie also stated Mr. Cook would be open on Sunday and would like to be able to do installations. Vol. 35, Page 79. Ordinance #k1357 presented for consideration incorporated all the 18 recommendations of the Planning and Zoning Commission. After more discussion of whether there is a need for screening, Councilman Haggerty made a motion to approve Ordinance No. 1357, granting the Specific Use Permit with the stipulation that screening be approved by the City Staff. Councilman Dodd seconded the motion. Councilman Johnson made a substitute motion to approve Ordinance No. 1357 (captioned below) with the stipulation that the screening provision in the recommendations of the Planning and Zoning Commission be at the discretion of the City Staff of whether there is a need and type of fencing. Councilman Weidinger seconded the motion. The sub- stitute motion carried 3 to 2, with Council Members Johnson, Weidinger and Dodd voting "aye", and Council Members Dingman and Haggerty voting "nay". AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY THE GRANTING OF A SPECIFIC USE PERMIT FOR THE USE "RETAIL AUTOMOBILE STEREO SALES AND OUTSIDE. INSTALLATION" TO BE CONDUCTED AT NUMBER 101 JOSEY SQUARE SHOPPING CENTER IN THE LR-2 ZONING DISTRICT: ESTABLISHING CONDITIONS OF OPERATION: PROVIDING FOR A SEVER- ABILITY CLAUSE: PROVIDING FOR INJUNCTIVE RELIEF: PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE: AND DECLARING AN EMERGENCY. After reviewing the drawing submitted for the site plan, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", approved the drawing of the site plan for the Specific Use Permit for the automobile stereo sales and outside installation at 101 Josey Square Shopping Center subject to the approval of the City Staff. AGENDA ITEM NO. C. 2 CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY THERMALLOY INCORPORATED FOR THE PROPERTY LOCATED AT 2021 VALLEY VIEW LANE IN THE PD-22 (LI) ZONING DISTRICT. Mayor Binford opened the discussion by giving the following information from an administrative memo. Thermalloy Incorporated is proposing to construct a 100,000 square feet addition to their existing building located at 2021 Valley View Lane. The property is located within the PD-22 (LI) zoning district. Site Plan approval is required before building permits can be issued for the property. The Planning and Zoning Commission recommends to the City Council that the Site Plan be approved as submitted with the following conditions: 1. That there be diagonal parking along the south side of the building and there be only two curb cuts allowed. 2. That a detailed landscape plan and automatic underground irrigation plan be submitted to the City Staff for approval before a Certificate of Occupancy is issued. Vol. 35, Page 80. 3. Provide adequate trash collection area and provide screening as approved by the City Staff before a Certificate of occupancy is issued,, 4. Dedicate 6.5' of additional R.O.W. for the future widening of Senlac Street and 5 additional feet of R.O.W. for the future widening of Valley View Lane. 5. If future parking is added, the revised Site Plan is to be submitted to the Planning and Zoning Commission for their review before building permits are issued. The City Staff recommends the Site Plan be denied because of concerns relating to building and parking area set back requirements; of pro- viding building sprinkler system; and of possible future plans of constructing buildings abutting the Thermalloy property. Mr. Larry Craddock, Senior Vice President of Thermalloy, Mr. Aubrey Hallum, Architect and Mr. David Kennington, Chairman of the Board, Mr. Howard Henshaw, Vice President in Charge of Engineering, and Mr. Bill Chip, Vice President in Charge of Marketing & Executive Vice President were present in behalf of the request. MR. Hallum presented the request by describing existing and proposed plans of Thermalloy. Thermalloy wishes to construct the 100,000 sq. ft. addition to the existing building with parking facilities provided within the front building set back requirements along Valley View. Mr. Hallum described proposed landscape plans for the Thermalloy prop- erty. A lengthy discussion was held between the members of the City Council, Mr. Craddock and Mr. Hallum relating to the conditions of the recomm- endations of the Planning and Zoning Commission and the Staff's comments. Councilwoman Dingman made a motion to approve the site plan submitted by Thermalloy for 2021 Valley View Lane as recommended by the Planning and Zoning Commission with the five above listed conditions, and subject to the clearance from the Fire Department relating to the installation of fire walls. Councilman Dodd seconded the motion. The motion carried 4 to 1, with Council Members Dingman, Dodd, Weidinger, and Haggerty voting "aye", and Councilman Johnson voting "nay". AGENDA ITEM NO. C. 3 CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY THE CENTRE DEVELOPMENT COMPANY FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MIDWAY ROAD AND ALPHA ROAD IN THE PD-1 (0, LI) ZONING DISTRICT. Mayor Binford opened the discussion by giving the following information from an administrative memo. Centre Development Company is planning to construct a four story office building and an eleven story office building at the southwest corner of Midway Road and Alpha Road. The property is located within the PD-1 (O,LI) zoning district. Site plan approval is required before building permits can be issued. Vol. 35, Page 81. The Planning and Zoning Commission recommends to the City Council that the site plan be approved with the following conditions: 1. A detailed landscape plan be submitted to the City Staff for approval. 2. A detailed automatic underground irrigation plan to be submitted to the City Staff for approval. 3. The dumpster location for the four story building should be rearranged to permit easy access. 4. Provide screening around both dumpsters. 5. Replat the property to include fire lanes and utility easement for required fire hydrant. Mr. Roland Partia, with Centre Development Corporation was present in behalf of this request. After reviewing the site plan, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye" approved the Site Plan for the property located at the Southwest Corner of Midway Road and Alpha Road with the conditons recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C. 4 CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED FOR THE PROPERTY LOCATED AT 13350 JOSEY LANE IN THE PD-6 ZONING DISTRICT. Mayor Binford opened the discussion by giving the following information from an administrative memo. Regal Companies is proposing to construct a one story office building to be located at 13350 Josey Lane. The building will contain approximately 4200 square feet. The property is located within the PD-6 MR-1) zoning district. Site Plan approval is required before building permits can be issued. The Planning and Zoning Commission recommends to the City Council that the site plan be approved with the following conditions: 1. An access easement agreement between Mr. Parks and the property owner to the south (Valley View Shopping Center) guaranteeing access for refuge collection, be submitted to the City prior to any building permits being issued. The City Staff recommends to the City Council that the site plan be approved with the condition recommended by the Planning and Zoning Commission and the easement agreement be an agreement running with the land which cannot be altered or removed without the consent of the City. Mr. Jerry Parks was present in behalf of this request. After reviewing the site plan, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", approved the Site Plan for the property located at 13350 Josey Lane with the recommendation by the Planning and Zoning Commission. Vol. 35, Page 82. AGENDA ITEM NO. C. 5 CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED FOR THE PROPERTY LOCATED AT 2521 PEPPERWOOD IN THE PD-5 (C) ZONING DISTRICT. Mayor B3_nford opened the discussion by giving the following infor- mation from an administrative memo. A site plan has been submitted for a proposed 3000 sq. ft. office building to be located at 2521 Pepperwood. The property is located within the PD--5 (C) zoning district. Site plan approval is required before a building permit can be issued. The Planning and Zoning Commission recommends that the site plan be approved with four conditions. The City Staff recommends to the City Council that the site plan be approved with the conditions recommended by the Planning and Zoning Commission and the easement agreement be an agreement running with the land which cannot be altered or removed without the consent of the City. Mr. Braack explained that the proposed office complex will be a 1 or 2 person office type building. There would be no in and out visiting traffic. There would be no food served in the building, but would have vending machines. Mr. Braack agreed with the recommendations of the Planning and Zoning Commission. He indicated that he preferred the sack method of trash pick up rather than providing a dumpster. Mr. Braack stated that he would like to be able to share, in a joint agreement, the dumpster with the First Baptist Church. After discussions pertaining to the conditions recommended by the Planning and Zoning Commission, a motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", approve the site plan as submitted for 2521 Pepperwood as recommended by the Planning and Zoning Commission with the following conditions: 1. The property be platted. 2. An agreement to be worked out with the church as to the location of the dumpster and access to it. 3. The dumpster be screened to the satisfaction of the City Staff. 4. The proposed sign be located on the building. AGENDA ITEM NO. C.. 6 CONSIDER REQUEST FOR DISCUSSION OF CONSTRUCTION AT 3478 and 3480 COURTYARD. This item was placed on the Agenda at the request of Mr. John Davis. Mr. John Davis, a building contractor, addressed the City Council Members and requested relief of Ordinance 1076 that requires a minimum of 40% of all interior walls to be of masonry construction. Mr. Davis was informed by the City Staff that 3478 and 3480 Courtyard Circle were being constructed with more than 40% wood and he would Vol. 35, Page 83. have to comply with the ordinance. Mr. Davis stated that the use of wood siding has been confined inside court areas and is more desirable than brick. Mr. Davis expressed he did not think a court area should be considered as an exterior wall. Upon discussion, City Attorney, John Boyle, explained the procedure that Mr. Davis should go through the Building Code Board of Appeals for his request relating to a building code requirement. AGENDA ITEM NO. C. 7 CONSIDER RATE INCREASE REQUEST OF TEXAS POWER AND LIGHT COMPANY AND TAKE APPROPRIATE ACTION. Mayor Binford opened the discussion by giving the following inform- ation from an administrative memo. The City Council suspended the Texas Power & Light Co. rate request for 120 days on March 23, 1981. The 120 days will expire August 9, 1981. The Public Utility Commission will not make a final determination on the rural rate case until August 4, 1981. Information from the TML City's Rate Consultant explains the following: Company requested increase $199,850,000.00 TML City Consultant recommended 32,673,000.00 PUC Staff recommended 43,500,000.00 PUC Hearing Examiner recommended 57,000.000.00 There is some question regarding the Examiners recommendation. The figure has been circulated regarding an $88,000,000.00 increase; however the Consultants feel the $57,000,000.00 is the appropriate figure. The amount determined by the PUC on August 4, 1981 will be the rate established by TP&L because any determination of different rates by the Council will be appealed by TP&L to the PUC. The PUC will rule in favor of TP&L. Mr. Mike Arrington, Manager of TP&L Company for the Farmers Branch area was present in behalf of this consideration. After reviewing Ordinance #1356 that provides rates to be increased according to the TML City's Rate Consultants recommendation, a motion by Councilman Haggerty, a second by Councilman Johnson all voting "aye", adopted the following captioned Ordinance #1356: AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS POWER & LIGHT COMPANY IN THE CITY OF FARMERS BRANCH TEXAS: PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES AND PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN. AGENDA ITEM NO. C. 8 CONSIDER ACCEPTANCE OF TEXAS POWER AND LIGHT COMPANY'S SURITY BOND AND TAKE APPROPRIATE ACTION. Mayor Binford explained that no action was needed for this item since Ordinance #1356 was passed in the previous Item C.7. Vol. 35, Page 84. AGENDA ITEM NO. C. 9 RECREATION BOARD AND Mayor Binford opened information from an placed on the agenda CONSIDER REQUEST FROM THE PARKS AND TAKE APPROPRIATE ACTION. the discussion by giving the following administrative memo. This item has been at the request of Councilman Dodd., Mrs. Lorraine Skamfer, Barney Wood, Dick Chapman, and Dan Chrisman, members of the Parks and Recreation Board, were present in behalf of this item. Mr. Wood presented a revised budget for recommendations for 1981- 1982 capital improvements for the parks and recreation in Farmers Branch. Total recommended projects amounted to $943,500.00. Projects included the following: Out of Hotel Tax Fund: 1. Consultant Fees for Historical Property $35,000. C Out 1. 2. 3. 4. 5. 6. 7. 8. 9. of C.I.P. Funds Swimming Pool Roof Repair Recreation Center Roof Repair Athletic Complex Improvements Rawhide Creek Park Josey Lane-Valwood to Charcoal Don Showman Park Gussie Field Waterworth Park Don Showman Park $10,000. $30,000. $81,500. $333,000. Beautifications$187,000. $67,000. $10,000. $40,000. Athletic Complex - Cox Park Soccer Field Lighting $150,000. Mr. Wood explained that there are no new projects on this list and this revised budget is distributed as to immediate needs of the City. Mr. Wood stated he feels the projects are needed, and asked for a fair share of the City's budget for these projects. The following persons spoke representing parks and recreation programs: Mr. John Glasschroder and Mr. Carl Miller were present representing Carrollton-Farmers Branch Soccer Association. Mr. Glasschroder distributed a folder giving details on information of the Soccer Association as to participation and finances. Mr. Glasschroder asked the consideration of improving the parks for the sport of soccer and other sports in Farmers Branch. Mrs. Carol Dorn, representing Womens Softball stated that girls softball was in need for adequate and lighted fields. Mrs. Dorn stated the Womens Softball organization heartily supports the Park Board's recommendation in requesting a fair share of funds in the city's budget. Vol. 35, Page 85. Mr. John Wells, 13521 Heartside, recommended that a fair share of revenue be used to upgrade the quality of parks and its facilities. Mr. Wells reported of erosion of Rawhide Creek that needs immediate attention. Mr. Marvey Moore, representing Farmers Branch Little League Baseball, made statements supporting the recommendations of the Parks and Recreation Board. Mr. Odie Harrelson, representing Bengal Football Organization made statements supporting the recommendations of the Parks and Recreation Board. Mr. Dale King, speaking for Associated Sports, stated that lighted fields were needed as well as furniture in the parks for the use of citizens. Mr. King requested the Parks and Recreation projects get their fair share in the budget. Mrs. Georgia Cagle, a resident of Farmers Branch, and a participant in the Women's Soccer Program, expressed the need for more practice and playing fields for the ladies soccer program. Mrs, Cagle express- ed the need for more investment into the Parks and Recreation fac- ilities. Mr. Christopher Hause, representing the Men's Soccer organization, expressed the need for more lighted soccer fields and recommended the Council adopt the Parks and Recreation Board's recommendations. Mr. Dick Chapman, member of Parks and Recreation Board, expressed the need for Parks and Recreation facilities. Mr. Dick Curry, a resident of Farmers Branch, and President of the Parents Club of Girls Gymnastics, expressed the need for adequate facilities for all parks and recreation programs for the citizens of Farmers Branch to enjoy. Mr. Curry asked the Council to seriously consider for approval the recommendations of the Parks and Recre- ation Board. Mr. Barney Wood stated that Mr. Joe Findley of the Men's Softball Organization, and Mr. Al Chapman, with the Farmers Branch Little League Baseball Organization were present. Mr. Wood explained on behalf of Mr. Findley and Mr. Chapman of the need for playing fields and asked that a fair share in the budget be assigned to Parks and Recreation projects. After some discussion between the members of the Council, and members in the audience, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", set the date of August 31st at 7:00 P.M. in the Community Building (if available) for a study session to study the Parks and Recreation Department Budget for the 1981-1982 Fiscal Year. Vol. 35, Page 86. AGENDA ITEM NO. D. 1 CONSIDER ALTERNATIVES FOR MARSH LANE FROM BROOKHAVEN CLUB DRIVE TO BELT LINE ROAD AND. TAKE APPROPRIATE ACTION. Mayor Binford explained that the Marsh Lane committee for the Cities of Farmers Branch and Addison met on July 23rd with representatives of E.D.I., the firm retained to make the conceptual design for Marsh Lane. Two alternate designs were presented. One would be a five lane design with three lanes of pavement on the east side and two lanes of pavement on the west side. The other design was a standard six lane thoroughfare design. Mayor Binford recognized Councilmen Bill Sellmeyer and Richard Roder of Addison who were in attendance. Councilman Dodd reviewed a memo dated June 1980, and a plan that was displayed on the wall that indicated two traffic lanes each direction with left turn lanes. There followed a discussion among the membem of the Council relating to having representatives from E.D.I. appear before the City Council and explain the alternative plans. The following spoke relating to plans for Marsh Lane: Mr. Jim Hawn, speaking as owner of Brookhaven Apartments on Marsh Lane, requested to have input in the final analysis of the plans for Marsh Lane relating to egress and ingress for his tenants. Mr. Paul Anderson, 14030 Tanglewood Court, stated that his property backed up to Marsh Lane and was under the impression that Marsh Lane would not come closer than 29' to his property line. Mr. Robert Wood, 14312 Tanglewood Drive, questioned the need for improving Marsh Lane saying the street would benefit commercial areas across the street in Addison and not the residents of Farmers Branch. He questioned as to where money would come from for this project. Mr. Dale Nixon, 14734 Cherry Hills, suggested that the elevation of the street should be the lowest possible grade and should be as far away from the residents as possible. Mrs. Mae Lewin, 3669 Pine Valley, questioned the width of the proposed street being 100' right of way. Mrs. Lewin expressed desire for a safe straight street. Mrs. Maryanne Chapman, 14416 Tanglewood Drive, expressed desire to see a safe jogging and bicycle path provided along Marsh Lane. Mr. Bob Linker, 14435 Valley Hi, asked where does the city go from this point and what are the next steps for the whole plan? Mr. Linker stated he would like to see the design proposal explained. After some discussion, Councilman Haggerty made a motion to approve the concept plan and instruct the Committee to meet witI, Addison and recommend an engineer to complete the design for further consideration. Councilman Weidinger seconded the motion. Vol. 35, Page 87. After more discussion, Councilman Johnson made a substitute motion to invite a representative from E.D.I. to attend the Council Meeting on August 17th to explain their proposal to the Council and to any interested citizens. Councilman Dodd seconded the motion. The substitute motion carried 3 to 2 with Council Members Johnson, Dodd and Dingman voting "aye", and Council Members Weidinger and Haggerty voting "nay". AGENDA ITEM NO. D. 2 CONSIDER EFFECTIVE TAX RATE FOR FISCAL YEAR 1981-82 AND TAKE APPROPRIATE ACTION. Mayor Binford opened the discussion by giving the following information from an administrative memo. The procedure required by State law when the revaluation program of a Taxing entity exceeds 30, a public hearing has to be called on the tax rate. The 1981-82 preliminary budget recommends the tax rate remain at $.475 per $100.00 of assessed value. Each 1G of the tax rate produces an estimated $143,635.34. The minimum reduction required to eliminate the need for a public hearing is 2~ and would reduce available rev- enues by $287,270.68. The following options were presented for Council consideration: 1. Instruct the City Manager to reduce the tax rate in the proposed 1981-82 budget by 2G. 2. Set date for a public hearing on the tax rate. The time requirements would indicate a need for the public hearing on August 17, 1981 should this be the option desired by the City Council. After some discussion, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", instructed the City Manager to reduce the tax rate by 2~ in the recommended 1981-82 Operating Budget. AGENDA ITEM NO. D. 3 CONSIDER ORDINANCE NO. 1354 GRANTING SPECIFIC USE PERMIT FOR A HEALTH AND FITNESS CENTER AT 2720 HOLLANDALE AND TAKE APPROPRIATE ACTION. Mayor Binford opened the discussion by giving the following information from an administrative memo. On July 20, 1981, Mr. Stacy Stewart, the applicant, appeared before the City Council requesting a Specific Use Permit for a health and physical fitness center to be located at 2720 Hollandale Lane. The facility would consist of a building 25,151 sq. ft. in area, jogging paths, swimming pool, and other related equipment. The Planning and Zoning Commission had recommended approval of the Specific Use Permit with conditions. The conditions are included in Ordinance #1354 which is submitted for the Council's consideration. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", as recommended by the Planning and Zoning Commission, adopted the following captioned Ordinance No. 1354. Vol. 35, Page 88. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONINC ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED BY GRANTING A SPECIFIC USE PERMIT FOR A PHYSICAL FITNESS CENTER TO BE LOCATED ON THE PROPERTY AT 2720 HOLLANDALE LANE IN A LOCAL RETAIL-TWO ZONING DISTRICT ESTABLISHING CONDITION OF DEVELOPMENT AND OPERATION, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE: PROVIDING A SAVINGS CLAUSE: PROVIDING AN INJUNCTIVE RELIEF: AND DECLARING AN EMERGENCY. AGENDA ITEM NO. D.4 CONSIDER ORDINANCE NO. 1355 SETTING WATER RATES. Mayor Binford opened the discussion by giving the following info- rmation from an administrative memo. Since the City of Dallas has increased their charges for water to Farmers Branch approx- imately 33% or an estimated $300,000.00 for fiscal year 1981-82. Ordinance No. 1355 has been prepared for consideration that will increase the water cost to Farmers--Branch customers by 25% or an estimated $432,625.00 for fiscal year 1981-82. This increase will pay the increased charges from the City of Dallas and provide an additional $323,221.00 for increased debt service due on the Cooks Creek lift station (esta, total $254,000.00) or these funds could be used for Utility Capital Improvements or any option desired by the City Council. After some discussion, a motion was made by Councilman Haggerty to adopt the following captioned Ordinance #1355. A second by Council- man Weidinger, the motion carried 3 to 2, with Council Members Haggerty, Weidinger and Dingman voting "aye" and Council Members Johnson and Dodd voting "nay". AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING SECTION 1 OF ORDINANCE NO. 1158, SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICE BY THE WATER WORKS SYSTEM OF THE CITY FOR VARIOUS TYPES OF RESIDENTIAL DWELLINGS, BUSI- NESSES OR COMMERCIAL ESTABLISHMENTS, OR COMBINATION THERE- OF WHEN SUCH COMBINED UNITS ARE TO BE CHARGED SEPARATELY FOR SERVICE: AND PROVIDING THAT ALL OTHER PORTIONS OF ORDINANCE NO. 1158, 1130 & 765 SHALL REMAIN IN FULL FORCE AND 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, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. Vol. 35, Page 89. AGENDA ITEM NO. E. 1 EXECUTIVE SESSION An executive session was held at this time. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEMS NO. E.2, E.3, EA - NO ACTION NECESSARY AGENDA ITEM NO. F. 1 ADJOURNMENT A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye" adjourned the City Council meeting of August 3, 1981 at 11:16 P.M. May r Bill infor c~ I g, - ".,q City cretary Vol. 35, Page 90.