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1982-05-17 CC Minutesi. 0 CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING MAY 17, 1982 COUNCIL CHAMBERS POLICE BUILDING The following members of the City Mayor Mayor Pro Tem Council Members Council were present: John Dodd Carol Dingman David Blair Fred Johnson Bill Glancy Herb Weidinger The following members of the City Administration were present: City Manager Paul M. West City Secretary J. W. Wade City Attorney John Boyle Recording Secretary Ruth Ann Parish Mayor Dodd called the City Council meeting of May 17, 1982 to order at 7:30 P.M. AGENDA ITEM NO. A.1-INVOCATION. Councilman Johnson gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES. A motion by Councilman Wei inger, a second by Councilwoman Dingman, all voting "Aye", tabled approval of the minutes of a Regular Meeting of May 3, 1982 because of a missing page. AGENDA ITEM NO, CHANGE. Upon motion by Councilwoman Dingman, seconded by Councilman Weidinger, all voting "Aye", item no. D.9 shall follow item no. C.3. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARDS. Mayor Dodd presented a 5 year Employee Service Award to Thomas D. Langley of the Fire Department. Mayor Dodd presented a 5 year Employee Service Award to Michael D. Crone of the Park and Recreation Department. MAYOR DODD RECOGNIZED MRS. KAY BAILEY HUTCHISON, CONGRESSIONAL CANDIDATE AGENDA ITEM NO. B.2-PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item is placed on tie agenda to give citizens an opportunity to present applications to the Council for serving on any of the various advisory boards. Mr. Charlie Arnett, 3120 Glengold, addressed the Council and presented an application of his desire to serve on the Library Board. Vol. 37, Page 45- Mrs. Gladys Rehberg, 2818 Esterbrook, addressed the Council and presented an application of her desire to serve on the Library Board. AGENDA ITEM NO. B.3-PRESENTATION OF POLICE SCHOLARSHIPS. Mayor Do opens the discussion by giving the following information from an administrative memo. The Mayor of the City of Farmers Branch is a trustee of the Farmers Branch Police Department Scholarship Fund, Inc., a State chartered tax exempt corporation. Two $500 scholarships from the Farmers Branch Police Department Scholarship Fund. The scholarship fund was incorporated on October 27, 1972, after Mrs. Jean P. Bohart (deceased) of 2710 Farmers Branch Lane, contacted Police Chief Roger Robbins expressing her desire to initiate a scholarship fund for the children of Police Officers. Current trustees of the fund are John Dodd, Mayor of Farmers Branch; J.T. Parish, Principal of R.L. Turner High School; and Brad Moore, Vice- President of First City Bank-Farmers Branch. Mayor Dodd presented the scholarship awards to Tami Taylor, daughter of Detective Bill Taylor and Brian Harrelson, son of Warrant Officer James Harrelson. AGENDA ITEM NO. B.4-PRESENTATION OF CERTIFICATE OF APPRECIATION. Mayor Dodd presented a certificate of appreciation to Roland Walden, President of Metropolitan National Bank for the Bank's participation in the Neighborhood Crime Watch Program. AGENDA ITEM NO. B.5-CONSIDER PROCLAIMING JUNE AS PARK AND RECREATION MONTH IN FARMERS BRANCH. Mayor Dodd opened the discussion by giving the following information from an administrative memo. The National Parks and Recreation Association has declared June as National Parks and Recreation month. To emphasize National Parks and Recreation month on a local level, the City of Farmers Branch will be joining 4200 other cities across the nation and proclaim the month of June as National Parks and Recreation month. After some consideration, a motion by Councilman Weidinger, a second by Councilman Blair, approved the proclaiming of the month of June as National Parks and Recreation month. Motion carried unanimously. AGENDA ITEM NO. C.1-CONSIDER REQUEST OF APPEAL ON DECISION OF THE DANGEROUS BUILDING BOARD AND TAKE APPROPRIATE ACTION. Mayor Do opens the iscussion y giving the 17oll owing information from an administrative memo. This item was continued from the May 17, 1982, City Council meeting to allow Mr. Schuchat to be present. The Dangerous Building Code (Ordinance No. 1004) provides a means for decisions of the Dangerous Building Board of Appeals to be appealed to the City Council. On April 13, 1982, the Dangerous Building Board of Appeals upheld the directive of the Building Official to demolish a wooden structure at 2409 Fruitland and to clear the property of remains of building materials, etc. Vol. 37, Page 46. Mr. Thomas R. Schuchat is asking the City Council to reverse the decision of the Dangerous Building Board of Appeals. A reversal of the Board's decision will nulify the directive of the Building Official to demolish the structure. Mr. Schuchat stated he bought the vacant wooden frame structure 2 2 years ago and would like to remodel and use as a residence, but money is not available at this time. The Council explained to Mr. Schuchat that the structure was located in an area zoned Light Industrial. Since the residential nonconforming use was abandoned, the structure cannot be lagally restored as a residence according to the zoning ordinance. After some consideration, a motion by Councilman Johnson, a second by Councilman Glancy, upheld the decision of the Dangerous Building Code Board. Motion carried unanimously. AGENDA ITEM NO., C.2-PUBLIC HEARING: CONSIDER REQUEST TO DELETE A SPECIFIC DE TI G ORDINANCE N. 1357 THAT WTS ISSUED OR RETAIL AUTOMOBILE STEREO SALES AND OUTSIDE INSTALLATION AT #101 JOSEY SQUARE SHOPPING CENTER IN THE LR- ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing by giving the following information from an administrative memo. On August 3, 1981, Ordinance No. 1537 was adopted allowing "retail automobile stereo sales with outside installation" at 101 Josey Square Shopping Center. The automobile stereo sales and installation facility was never installed. On April 19, 1982, a specific use permit was approved for Alvin Ord's Sandwich Shop to be installed at 101 Josey Square Shopping Center. The sandwich shop will replace the proposed retail automobile stereo sales with outside installation facility at 101 Josey Square Shopping Center. The Planning and Zoning Commission recommends, by unanimous vote, that the specific use permit issued for 101 Josey Square Shopping Center allowing a "retail automobile stereo sales with outside installation" be deleted. There being no questions or comments from the audience, a motion by Councilman Johnson, a second by Councilman Weidinger, all voting "Aye", closed the public hearing. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, adopted the following captioned Ordinance #1379: "AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO DELETE A SPECIFIC USE PERMIT FOR "RETAIL AUTOMOBILE STEREO SALES WITH OUTSIDE INSTALLATION" IN AN AREA PRESENTLY ZONED LR-2 AND BEING LOCATED AT NUMBER 101 JOSEY SQUARE SHOPPING CENTER, BY REPEALING ORDINANCE NUMBER 1357; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY." Motion carried unanimously. Vol. 37, Page 47. AGENDA ITEM NO. C.3-PUBLIC HEARING: CONSIDER REQUEST TO CHANGE THE TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ANY OTHER DISTRICT WHICH IS MORE RESTRICTED BY REASON OF LAND USE AND HEIGHT AND TAKE APPROPRIATE ACTION. REQUESTED BY JOEL H. ROBUCK FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND MARSH LANE IN THE R-2 ZONING DISTRICT. Mayor Do opened the discussion by giving the following information from an administrative memo. Mr. Joel H. Robuck has withdrawn his request for a zoning change on the 52.2 acre tract of land at the northwest corner of Valley View Lane and Marsh Lane. On May 12, 1982, Mr. Robuck submitted a letter withdrawing his request for a zoning change on the subject property. The City Council has the option of accepting Mr. Robuck's withdrawal or proceeding with the public hearing. After some consideration, a motion by Councilman Weidinger, a second by Councilwoman Dingman, accepted the withdrawal of Joel Robuck's request for zoning change. Motion carried with all members voting "Aye", except Councilman Glancy, who voted "Nay". Mr. Bill Flemming, 12906 Mitchwin, complimented the Planning and Zoning Commission for the fine job they did with the public hearing. AGENDA ITEM NO. D.9-DISCUSS JUNE CITY COUNCIL MEETING DATES AND TAKE APPROPRIATE ACTION. Mayor Do opene the discussion by giving the following information from an administrative memo. It appears that a majority of the Council members will be in Austin attending the TML Mayors, Councilmembers and Commissioners conference held on June 5 through 7. June 7th is the first regularly scheduled meeting for June. After some consideration, a motion by Councilman Weidinger, a second by Councilman Glancy, scheduled the Council to meet June 14th and June 28th. Motion carried unanimously. AGENDA ITEM NO. C.4-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE ZONING ON A 2.81 ACRE TRACT OF LAND LOCATED T THE NO THWEST CORNER OF LBJ EWAY AND TREE VIEW LANE 0 IT,. CURRENT ZONING OF PD-17- M,ay3rT)8-dd-o-pe-n--e-d--th--e--p-u'b--l'ic-h--e-a'r-in'-g"b-y---g-iving the following information from an administrative memo. Mr. Paul Spain, President of Terra Properties, Inc., is requesting a continuance of the City Council public hearing. Terra Treeview Joint Venture would like to construct an eight (8) story office building at the northwest corner of Treeview Lane and LBJ Freeway. The 2.81 acre tract is unimproved and is currently zoned PD-14 (MF-2) (0). The current zoning restricts buildings to a maximum height of two (2) stories. There is an existing approved site plan for seven two (2) story condominium office buildings. Vol. 37, Page 48. Terra Treeview Joint Venture is requesting the zoning be amended to allow the construction of one eight (8) story building containing approximately 200,000 sq. ft. with a supporting parking structure. The Planning and Zoning Commission recommends to the City Council by a 4 to 2 vote that the zoning not be amended. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, continued the public hearing to June 28, 1982. Motion carried unanimously. AGENDA ITEM NO. C.5-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT 3900 JOSEY LANE IN THE PD-3, LR- ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. The Kayo Oil Co., representing the Fas Gas service station located at the corner of Josey and Dennis Lane, would like to install two new gas pumps on their property. Two new gas pumps, additional paving and new area lights along with a new 24 ft. x 30 ft. canopy is proposed for the south side of the existing building. Due to the planned development zoning, site plan approval is required before permits can be issued for the improvements. The Planning and Zoning Commission recommends to the City Council that the site plan be approved with the following conditions: 1) that an irrigation system be installed along Dennis Lane; 2) there be a minimum of a 10 ft. radius for all new driveway approaches. Mr. Larry Hartline, London Place Apartments, was present to discuss the request for site plan approval. He stated that he had no objections to the Planning and Zoning Commission's recommendations. After some consideration, a motion by Councilman Blair, a second by Councilman Johnson, approved the site plan for 13900 Josey Lane as recommended by the Planning and Zoning Commission, with the following conditions: 1) that an irrigation system be installed along Dennis Lane; 2) there be a minimum of a 10 ft. radius for all new driveway approaches. Motion carried unanimously. AGENDA ITEM NO.., C.6-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE a.ayL LJ:JV1JiJVl1'11.:LLV L ) LA-G /-UAl1Vh UlJIAlul L11VU lkul~,L AYl'KUYKlATL ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. The Dallas Car Care Center located at 2931 Valley View Lane is located within a planned development zoning district allowing Local Retail - 2 uses. Site plan approval is required before permits can be issued for any additional improvements to the property. A site plan has been submitted proposing the construction of new service bays at the rear of the existing building. Vol. 37, Page 49. Planning and Zoning Commission recommends to the City Council, by unanimous vote, that the site plan be approved subject to the following items being addressed and the site plan presented back to the Commission within a two week period for approval: 1) 15 parking spaces; 2) landscape plan; 3) sprinkler plan; 4) dumpster location; 5) dumpster screening; 6) property to be replatted at a future date; 7) driveway access between the Car Care Center and the adjoining shopping center; 8) replacement and maintenance of screening fence separating Dallas Car Carr Center from the adjoining residential area. Mr. Mike Cotton, 6422 Duffield, was present to discuss the site plan request. He explained he would like to change the recommendation from the Planning and Zoning Commission because of his plans for re-enforcing the present fence. He described the plans for landscaping and parking. After some consideration, a motion by Councilman Johnson, a second by Councilman Glancy approved the site plan for 2931 Valley View Lane with the (8) conditions set by the Planning and Zoning Commission, as described previously in this item. Motion carried unanimously. AGENDA ITEM NO.. C.7-CONSIDER REQUEST BY CF-LBJ PROPERTIES, INC_ FOR REPLAT APPROVAL OF LBJ/LUNA TRACT E'. Mayor Dodd opened the discussion by giving the following information from an administrtive memo. This tract of land is located on the northeast corner of I.H. 635 and Luna Road and is in a PD-22 (LI) zoning district. This replat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. A site plan has been approved for this project. A Developer's Contract has been executed for this project. The property is being replatted to realign existing fire lane easements. The Planning and Zoning Commission recommends that this replat be approved. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, approved the replat of LBJ/LUNA Tract "E". Motion carried unanimously. AGENDA ITEM NO. C.8-DISCUSS THE ZONING ORDINANCE RELATING TO AMUSEMENT DEVICES AND TAKE APPROPRIATE ACTION. Mayor Do opene t e discussion by giving the following information from an administrative memo. Section 8-104 of the Zoning Ordinance allows Indoor Commercial Amusement uses in LR-2, C, LI, HI, and PD zoning districts with a specific use permit only. Electronic games are considered a commercial amusement use and are therefore allowed only in LR-2 through PD zoning districts with a specific use permit. Recently Brookhaven Country Club had to remove two electronic games from their facility because the country club is within a residential zoning district and the electronic games are not allowed within such a zoning district. Vol. 37, Page 50. 0 Mr. Eugene H. Wilson, representing B & G Enterprises, was present to request the City to change the zoning ordinance as it applies to amusement devices. City Attorney, John Boyle, explained to the Council the procedure for changing the zoning ordinance. No action was taken on this item. AGENDA ITEM NO. C.9-DISCUSS FLOODING OF COOKS CREEK AT BEE STREET, AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. This item was placed on the Agenda at the request of Mr. Jerry Smith who resides at 2508 Rugby. Mr. Jerry Smith, 2508 Rugby, was present to discuss the flooding of Cooks Creek at Bee Street. He questioned whether the City issued Building Permits within a Flood Plain and reported of problems of drainage obstruction by the bridge. After some discussion of studying the creeks, Councilwoman Dingman made a motion to hire an outside consultant to do the drainage s;udy, Motion was seconded by Councilman Weidinger. Councilwoman Dingman amended the motion to include two phases in the study; finding the cause of the problem and alternative solutions. Amendment was accepted by Councilman Weidinger. Mr. Stan Ball, 14310 Valley Hi Circle, discussed the problems caused by the flooding and the need to resolve the problems. Mr. Buzz Miller, 14322 Valley Hi Circle, discussed the flooding problems and the need of plans for solving them. Mr. Jerry Smith requested some type of action be taken for drainage at the Bee Street bridge. Mr. Paul Tartaglia, 12414 Veronica Circle, questioned how long it will take to get someone to look at the log jam in the Farmers Branch Creek. Mr. Pat Rice, 14454 Valley Hi Circle, questioned why the City does not continue with the drainage study since they have already purchased the software for the computer. Mr. Ray Flaherty, 13220 Challaburton, discussed the use of the computer, which will be helpful to the drainage study. After more discussion, Councilwoman Dingman and Councilman Weidinger, withdrew the motion and second. After some consideration of engineering firms and the extent of study needed, a motion by Councilman Weidinger, a second by Councilman Blair, authorized staff to contact three engineering consultants, Freese & Nichols; Turner, Collie and Braden; and Albert Halff Associates. Staff is also directed to break down the study into two phases, identifying the problems and alternative solutions. Vol. 37, Page 51. And to find out the time and cost to do the study. Councilwoman Dingman amended the motion to limit the time to August 1, 1982. Councilmen Weidinger and Blair accepted the amendment. Motion carried unanimously. AGENDA ITEM NO. D.1-DISCUSS DATE FOR CHARTER ELECTION AND EVENTS LEADING UP TO IT AND TAKE APPROPRIATE ACTION. Mis item as been placed on the agenda at the request of Mayor Pro Tem. Carol Dingman. Councilwoman Dingman reported that the Charter Committee has submitted their proposals and there had been discussion of holding a public hearing to consider these amendments in January, 1983. The election process of considering the charter amendments was discussed and of holding election on the same date as the discussed RTA election if in order. After some consideration, a Motion by Councilwoman Dingman, a second by Councilman Weidinger, directed to place this item back on the agenda of the second meeting in August to set up a schedule. A tentative date for the election shall be January 15, 1983, and to have the charter election held at the same time and in the same location of any other election on that date. action carried unan i L.a u: ly . AGENDA ITEM NO, D.2-CONSIDER RESCINDING CITY COUNCIL_ ACTION OF MAY T_,__I_982 AWARDING MARSH LANE PAVING CONTRACT TO H.B. ZA-MHERY-COMPANY D TAKE APPROPRIATE ACTION. Mayor Do opened the discussion. This item has been placed on the agenda at the request of Mayor Dodd. Mayor Dodd gave his reasons for putting this item on the agende: 1) Higher priority need of city money (Flood protection for citizens); 2) The City does not have the City of Addison or Mr. Snadon's guaranteeing our water main in writing; 3) The County thoroughfare study is due soon; 4) County Bond election can have Marsh Lane funded for less cost to Farmers Branch citizens. Mayor Dodd discussed with the members of the Council the sequence of events that have happened in trying to get the location for a waterline easement in the City of Addison resolved. After more discussion of believing that the waterline easement location will be resolved, and the unprobability of a Bond Issue thru Dallas County to improve Marsh Lane, Councilwoman Dingman made a motion to take no action on this item. Councilman. Weidinger seconded the motion. The motion carried 4 to 1, with Councilmembers Dingman, Blair, Weidinger, and Glancy voting "Aye", and Councilman Johnson voting "Nay". Mr. Pat Haggerty, 3155 Golfing Green, discussed the urgency of the east side water lines and of the workload of the staff to see if need of contractual services. vol. 37, Page 52. AGENDA ITEM NO. D.3-CONSIDER REQUEST BY THE FARMERS BRANCH-CARROLLTON FLOOD CONTROL DISTRICT OR THE CITY TO COLLECT THE DISTRICT'S TAXES AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. The Staff has examined the request by Mr. T.N. Searcy requesting the City to collect taxes for the Flood Control District. The Staff feels the District should seek help from Carrollton, the school district or other alternates due to the reduction in our Tax Office staff. The Tax office staff has been reduced to three and the secretary will be out beginning in October. She is expecting a child and a temporary replacement is not intended. The District has also reduced their office staff and the City would have problems with calls and complaints regarding the District. Staff recommends the City Manager be authorized to notify Mr. T.N. Searcy the City will be unable to collect taxes for the Flood Control District. After some consideration, a motion by Councilman Johnson, a second by Councilman Glancy, authorized the City Manager to notify Mr. T.N. Searcy the City will be unable to collect taxes for the Flood Control District. Motion carried unanimously. AGENDA ITEM NO. D.4-CONSIDER CALLING A PUBLIC HEARING FOR PROPOSED USES IN THE 1982-83 OPERATING BUDGET AND REVENUE SHARING FUNDS. Mayor Dodd opened the discussion by giving the following information from an administrative memo. The Federal Revenue Sharing Act as amended requires a Proposed Use Hearing. This requirement provides the City Council and the City Manager with information and citizen's desires with regards to the use of Revenue Sharing Funds. It further provides an opportunity for citizen input in the 1982-83 fiscal year operating budget. The hearing should be held as near to the beginning of the budget process as possible so that those items presented by the public may be considered during the budgeting process. Staff recommends the Proposed Use Hearing on Revenue Sharing Funds and the 1982-83 Operating Budget be held on June 28, 1982. After some consideration, a motion by Councilman Weidinger, a second by Councilman Blair, authorized the holding of the Proposed Use Hearing on Revenue Sharing Funds and the 1982-83 Operating Budget on June 28, 1982. Motion carried unanimously. AGENDA ITEM NO. D.5-CONSIDER RESOLUTION N40. 82-005, NAMING THE STREET ON THE SOUTH SIDE OF DEDMAN MEDICAL CENTER AS MEDICAL CENTER DRIVE AND TAKE APPROPRIATE ACTION. Vol. 37, Page 53. Mayor Dodd opened the discussion by giving the following information from an administrative memo. The Lutheran Medical System has formally requested the the City name the street presently under construction on the suuth side of the Dedman Medical Center as "Medical Center Drive". A resolution to name this street as "Medical Center Drive" has been prepared for the Council's consideration. Staff recommends that this street name be approved. After some consideration, a motion by Councilman Weidinger, a second by Councilman Blair, adopted Resolution No. 82-005, naming the street on the south side of Dedman Medical Center as "Medical Center Drive". Motion carried unanimously. AGENDA ITEM NOM D.6-CONSIDER AWARDING BID FOR CONSTRUCTION OF BALLFIELD LIGHTING AT THE ATHLETIC COMPLEX AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. Bids were sent to seven (7) vendors, and we received bids from two vendors. The two vendors and corresponding bids were: Mel's Electrical $339,800; PYCA Industries $343,880. Mel's Electrical was low meeting all Specifications. City Council appropriated $373,000 for athletic lighting in the 1981-82 budget. Myrick, Newman & Dalberg were contacted to design the project for $8,600. This leaves a balance of $364,400. City Staff recommends awarding the bid of $339,800 to Mel's Electrical for construction of ballfield lighting at Athletic Complex. Mr. Cliff Hughes, 4820 West Grove, Addison, discussed the bids. He stated that his company, PYCA Industries, had offered an alternate bid. He stated that the equipment used in the alternate bid was not the equipment specified in the proposal, but it was equal. Mr. Hillard Falk, of Myrick, Newman, and Dalberg, consulting engineers, discussed the specifications and the equipment specified. Mr. Ron Henson, 1801 Bent Tree Lane, Euliss, Hubball Representative, explained their efforts to meet the specifications. He described the equipment offered in the alternate bid. Mr. Tim Carly, 5849 Winding Woods, Dallas, discussed the bid requirements and the bids offered. He stated that the Council should consider which bid met the specifications. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, awarded the bid of $339,800 to Mel's Electrical for construction of ballfield lighting at the Athletic Complex. Motion carried with Councilmen Johnson and Weidinger_ voting "aye", Councilwoman Dingman abstaining, Councilman Glancy voting "nay", and Councilman Blair disqualifying himself. Mayor Dodd explained that an abstention vote carries as an affirmative vote. Vol. 37, Page 54. AGENDA ITEM NO. D.7-CONSIDER AUTHORIZING THE EXECUTION OF A BEAUTIFICATION AND MAINTENANCE AGREEMENT WITH SUMMERS ELECTRIC AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. The City would like to enter into a mutual development agreement with Summers Electric for the right- of-way at the northeast corner of Welch and Spring Valley. The agreement would be for perpetual care on the part of Summers Electric.' City Staff recommends authorizing the City Manager to execute a Beautification and Maintenance Agreement with Summers Electric. After some consideration, a motion by Councilman Weidinger, a second by Councilman Johnson, authorized the City Manager to execute a Beautification and Maintenance Agreement with Summers Electric. Motion carried unanimously. f AGENDA ITEM NO. D.8-CONSIDER ORDINANCE NUMBER 1378 - AMENDING THE ZONING F THE DED N MEDICAL CENTER PROPERTY TO ALLOW A TWIN SIX- STORY TOWER AND TAKE APPROPRIATE ACTION. Mayor Do opened the discussion y giving the following information from an administrative memo. On May 3, 1982, a public hearing was conducted to consider a request to amend the zoning regulations on a 1.911 acre tract of land in the PD-18(0) zoning district to allow a twin six (6) story hospital tower. The Chief Executive Officer of the hospital stated that only one-half of the twin six-story tower will be constructed at this time; the remaining half to be constructed at a later date. The staff was directed to prepare the amending ordinance. Ordinance #1378 has been prepared as directed. The ordinance amends the PD-18(0) regulations to allow one (1) six (6) story building, requires screening along north boundary line, and prohibits access to residential streets and residential area to the north. Mr. Jack Bailey, 2 Lost Valley Lane, was present to discuss the screening and the inclusion of a chain link fence with landscaping. City Attorney, John Boyle, explained the legalities, and what the City Council was authorized to act on. Mr. Bailey discussed the wording of the ordinance as to the "One Six-Story Building". The Council expressed their desire to include in the ordinance the requirement for visual screening from ground level to 6 feet from Webbs Chapel to continue to the east property line of the house on the southeast corner of Eunice. Mr. West questioned when the screening is to take effect. Mrs. Sheryl Howerton, 3657 Morningstar, asked if the zoning change included a single or twin six-story structure. She also discussed the anticipated problems with traffic and her desire for a masonry wall as opposed to the chain link fence. She also recommended the Ordinance state that the landscaping be put in place before the new structure be occupied. Vol. 37, Page 55. Mr. Bailey explained the plans included planting the screening trees immediately so that the trees will have time to grow enough to actually screen the building upon completion. City Attorney, John Boyle, said he could amend the ordinance Section 7 to incorporate the more explicit provisions on screening and incorporate a provision that the screening plan be brought back to Council and that the certificate of occupancy not be issued until all of the screening has been put in place. He stated that this could be subject to acceptance by the applicant as to the validity and the totality of the tract. After some consideration, a motion by Councilman Weidinger, a second by Councilman Johnson, adopted Ordinance #1378 amended to incorporate the more explicit provisions on screening, incorporate a provision that the screening plan be brought back to Council and that the certificate of occupancy not be issued until all of the screening has been put in place, and that it be subject to acceptance by the applicant as to the validity and the totality of the tract. And also to include the word fence with screening. Motion carried with all members voting "Aye", except Councilwoman Dingman, who voted "Nay". AGENDA ITEM NO.. D.10-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR A MOBILE CONCRETE TRUCK AND CEMENT SILO, AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. The current budget for the Water Main Replacement Division includes funds for the purchase of one (1) mobile dry-mix type concrete truck to replace existing concrete trucks, Units #88-21 and #27-68. This truck will be used for various street repairs for the Street Division and for pavement replacement for the Water Main Replacement Division. The cement silo will be used to store cement used by the truck. City Staff recommends the advertisement for bids for one (1) mobile dry-mix type concrete truck and one (1) cement silo. After some discussion of whether the truck is needed Councilman Johnson made a motion to authorize the advertisement for bids. Motion failed for lack of a second. MAYOR DODD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE 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. Vol.. 37, Page 56. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. a. Discuss Personnel Matters There was discussion of having a policy of communicating information. C. Discuss Pending and Contemplating Litigation. City Attorney John Boyle gave an up to date report on pending litigation cases. THE COUNCIL RECONVENES INTO GENERAL SESSION. The Council discussed having a Council Study Session on Saturday, June 12, from approximately 9:30 to 4:00. AGENDA ITEM NOS. E.2, E.3, and E.4 - NO ACTION NECESSARY. AGENDA ITEM NO. F.1-ADJOURNMENT. A motion by Councilman Blair, a second by Councilman Johnson, all voting 'Ave", adjoined the meeting of May 17, 1982 at 12:07 A.M. Vol. 37, Page 57. City 7tary