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1983-05-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING JUNE 20, 1983 7:30 P.M. COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Mayor Pro Tem Council Members 1 John Dodd Fred Johnson David Blair Carol Dingman Herb Weidinger The following member of the City Council was absent: Bill Glancy 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 June 20, 1983 to order at 7:30 P.M. The meeting was televised. AGENDA ITEM NO. A.1-INVOCATION. Councilman Weidinger gave the invocation. AGENDA ITEM NO. A.2-PRESENTATION OF SERVICE AWARDS. Mayor Dodd presented James L. Harrelson and Edd Henry of the Police Department 15 Year Awards and Rudy Tuminello of the Fire Department a 20 Year Award. AGENDA ITEM NO. A.3-PRESENTATION OF CERTIFICATES OF RECOGNITION R FARMERS BRANCH GIRLS GYMNASTIC TEAM. Vol. 40, Page 1. Mayor Dodd opened the presentation by giving the following information from an Administrative memo. The Farmers Branch Girls Gymnastic's Team is to be presented with Certificates of Recognition for their ability in gymnastic skills. The girls recently won class 4A, class 4B and class 3 state championship titles at the Texas Amateur Athletic Federation State Meet in Austin. A total of six girls also qualified for the United States Gymnastics Federation State Meet. Mayor Dodd recognized Mr. Dick Curry, president of the Gymnastics Team Parent's Association. Mr. Curry thanked Coach Angel Sheppard for her work with the Gymnastics Team and presented awards to the City that had been won by the team this year. Mayor Dodd presented Certificates of Recognition to the following members of the Girls Gymnastic Team: Allison Bailey Muffi Bailey Kim Bartlett Elena Bernal Claudia Blanton Mindy Burchfield Sara Collard Kristi Cochran Cassie Curry Rachel Fedar Amy Gardiner Tina Herring Julie Lewis Deanne Moore Mindy Burchfield Amy Gardner Debra Moore Kim Morris Carrie O'Leary Lisa Quick Aleacia Reeder Sheila Rice Shonda Rice Nikki Seaberry Jennifer Thurman Jennifer Whealdon Stephanie Williamson Cristy Yakamavich Jenny Yakamavich Kim Bartlett Sara Collard Cheril Santini AGENDA ITEM NO. A.4-PRESENTATION OF CERTIFICATES OF APPRECIATION. Mayor Dodd presented Certificates of Appreciation to Rutha Shackelford for having served on the Historical Preservation and Restoration Board and Florence Mason for having served on the Library Board. AGENDA ITEM NO. A.5-CONSIDER ACCEPTANCE OF DONATION OF PLAYGROUND Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Farmers Branch Lions Club is ready to donate for installation eleven pieces of playground equipment for the "All Playground" at Oran Good Park. Vol. 40, Page 2. This playground equipment will be equipped for impaired children. Total value of the donation is $6800. Mayor Dodd recognized Mr. C. W. Whitmore, representing the Lions Club. Mr. Whitemore presented the donation of 11 pieces of equipment in the amount of $6800. Councilman Blair made a motion to accept the donation of equip- ment from the Lions Club. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried. MAYOR DODD RECOGNIZED MS. STACY SMITH, OF R. L. TURNER HIGH SCHOOL CHOIR. Ms. Smith presented an award to the City from the Beautify Texas Council for the Choir's work in the Farmers Branch Clean-Up Campaign. AGENDA ITEM NO. A.8-PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item is placed on the agenda to give citizens an opportunity to present applications to the Council for serving on any of the various advisory boards. Mayor Dodd recognized Mr. Wallace Waggoner, 14524 Shoredale. Mr. Waggoner presented an application to the Council for the Drainage Study Committee. AGENDA ITEM NO. B.1-CONSENT ITEMS. Mayor Dodd explained that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the Council or member of the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is being established in order to speed up discussion for those items that need more time for discussion. Councilman Blair requested that Agenda Items C.15 and C.16 be added to the consent items list. Councilwoman Dingman requested that the last sentence of Page 91 of the minutes of the June 6, 1983 Council meeting be removed. Councilman Blair made a motion, Councilman Weidinger seconding, all voting "aye", that the following consent items be approved: a. Approved the minutes of the June 6, 1983 regular meeting as amended. Vol. 40, Page 3. b. Authorized the execution of a Developer's Contract with Reynold's Development Company for the replat of Town Centre Addition located at the northeast corner of the intersection of Carrick Street and the IH35E service road. C. Approved the request by Reynolds Development Company for the replat of the Town Centre Addition located at the northeast corner of the intersection of Carrick Street and the IH35E service road. d. Approved the request by Baldwin-Harris and Associates for the approval of plat correction of the Fifth Installment of Metro Square, Phase II Addition located at the northeast corner of the intersection of Metro Blvd. and the service road of IH635, due east of the Summit Hotel. e. Authorized the execution of a Developer's Contract with J. Lawrence Martin, Trustee, for the 135 Business Park Addition located approximately 600 ft. south of Farmers Branch Lane between the IH35E service road and Denton Drive. f. Approved the request by J. Lawrence Martin, Trustee, for the final plat approval of the 135 Business Park located approximately 600 ft. south of Farmers Branch Lane bet- ween the IH35E service road and Denton Drive. AGENDA ITEM NO. C.1-PUBLIC HEARING: HEARING ON USE OF REVENUE SHARING FUNDS AND THE OPERATING BUDGET FOR FISCAL YEAR 1983-84. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. The purpose of this hearing is to secure public input at the beginning of the budget process. This will allow the City Council and the Administration to consider the desires of the citizens during budget prepara- tions. No official action is necessary other than the public hearing. The Revenue Sharing "Proposed Use Hearing" is required by law. Mayor Dodd recognized Mr. Charlie Arnett, of 3120 Glengold, representing the Library Board. Mr. Arnett presented the Council a proposed budget in the amount of $1,960.00. for consideration in the 1983-84 budget of the City for the Library Board. Mayor Dodd recognized Ms. Glenna Grimmer, of 3040 Eric Lane, chairman of the Farmers Branch Historical Park and Restoration Board. Ms. Grimmer presented the Council a proposed budget in Vol. 40, Page 4. the amount of $8,021-00. for consideration in the 1983-84 budget of the City for the Historical Preservation and Restoration Board. Mayor Dodd recognized Mr. Barney Wood, representing the Park and Recreation Board. Mr. Wood presented the Council a proposed budget in the amount of $1,501,000. for consideration in the 1983-84 budget of the City for the Park and Recreation Board. Mayor Dodd recognized Ms. Mae Lewin, of 3639 Pine Valley. Ms. Lewin requested the construction of a landscaped wall and jogging path on the west side of Marsh Lane from Tanglewood to the Farmers Branch Creek be considered on the 1983-84 budget. Councilman Blair made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye". The public hearing was closed. AGENDA ITEM NO. C.2-CONSIDER REQUEST BY WARNER AMEX CABLE COM- MUNICATIONS, INC. TO CHANGE RATES FOR CABLE T.V. AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Warner Amex has filed an intent to increase rates for cable T.V. The increased monthly rates are as follows: From To 1 . Basic Service $7.95 $8.75 2. Additional Outlet 3.00 3.25 3. Program Guide -0- 1.00 4. Premium Channels 7.95 8.95 The City Council has authority to establish charges and exercise original jurisdiction over all rates other than premium channels. Federal law prohibits the City Council's original jurisdiction over premium channels. Should the City Council agree with Warner Amex and determine this is a minor rate increase, the rates can be approved without a public hearing or additional filing of informtion as required. Should the City Council determine this is a major rate increase, the request would need to be denied and Warner would be required to follow the procedure for a major rate increase. The City Staff is of the opinion the inclusion of the $1.00 charge for the Program Guide will increase annuala revenues in excess of $50,000. which would make this request a major rate increase. The City Staff recommends the rate increase be denied as proposesd as it would constitute a major rate request. Mayor Dodd recognized Mr. Lee Jackson, general manager of Warner Amex. Mr. Jackson presented the proposal for new rates to the Council and explained the reasons for requesting these rates. Vol. 40, Page 5. Mr. Jackson introduced Ms. Lynda Kennedy, customer service manager, and Ron Kepplinger, chief technician, with Warner Amex. Mayor Dodd recognized Mr. James Talley, 3030 Longmeade. Mr. Tally stated that he was in objection to the rate increase and asked when lock boxes would be made available. After discussion concerning the rate request being a major request and the need for more information, Councilman Johnson made a motion to adopt Resolution No. 83-017 suspending the sche- dule of rates for a period of 120 days from July 12, 1983, for further study, investigation, presentation of evidence and public hearing. Councilman Blair seconded the motion with all members voting "aye". Toe motion carried unanimously. AGENDA ITEM NO. C.3-DISCUSS REPORT OF THE FARMERS BRANCH SENIOR ADULT STUDY COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by stating that the item had been placed on the agenda at the request of Mrs. Alice Ellett, chairman of the Farmers Branch Senior Adult Study Committee. Mayor Dodd recognized Mrs. Alice Ellett, of 3460 Chapparal. Mrs. Ellett presented the Council with the study from the Farmers Branch Senior Adult Study Committee and asked the Council to con- sider a senior adult center and programming needs for senior adults in Farmers Branch and be considered in the 1983-84 budget. Councilwoman Dingman made the following motion: 1. To proceed defining the senior citizen program on pro- viding a facility in the 1983-84 budget year by holding a study meeting tentatively Saturday July 16, at 9:00 a.m. 2. Instruct the City Staff to provide the Council with information from the Farmers Branch Senior Adult Study Committee about the funds available from outside sources and information about the county wide health program, their services and cost figures. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.4-CONSIDER REQUEST FOR STUDY OF ALL VACANT RESIDENTIAL PROPERTY IN FARMER BRANCH AND TAKE APPROPRIATE ACTION. Vol. 40, Page 6. Mayor Dodd opened the discussion by stating that this item had been placed on the agenda at the request of Mrs. Mae Lewin of 3639 Pine Valley. Mayor Dodd recognized Mr. Bill Fleming, 12906 Mitchwin. Mr. Fleming made the following statements: 1. All the communities in the Farmers Branch area are having a land management problem and that the oldest community in the area, Farmers Branch, ought to have leadership in land management. 2. Residents of Farmers Branch are determined that any new residential structures will reflect the neighborhood that they are built in. 3. Residents of Farmers Branch are determined to preserve the integrity of residential property. Mr. Fleming proposed that the City Council immediately authorize a 6 month moratorium for accepting applications for zoning changes from residential development and a study be performed to decide whether any further residential zoning changes should be made in Farmers Branch. There was discussion concerning a moratorium not being necessary due to the stand that the Council had taken on preserving the zoning on residential property, the need for an updated master plan and taking an immediate look at the undeveloped residential property in Farmers Branch. Mayor Dodd recognized Mr. John Wells, 13521 Heartside. Mr. Wells stated that the property where the current Safeway is located had been rezoned from residential zoning. Mayor Dodd recognized Mr. Bill Lawson, 2666 Mt. View. Mr. Lawson stated that along Tom Field and Valley View two residential pro- perties had been converted into office buildings. It was stated that the City Council intended to keep the residen- tial zoning on property where it was already designated as such. Mayor Dodd recognized Ms. Mae Lewin, 3639 Pine Valley. Ms. Lewin asked for some type of assurance to keep the residential zoning on property. She stated that there should be some way to let future developers know that residentially zoned property will stay zoned residential. Vol. 40, Page 7• Mayor Dodd recognized Ms. Ellen Miller, 2803 Lineville. Ms. Miller asked why the citizens should have to watch the possible zoning changes if the Council gives the citizens the assurance that residential property would not be rezoned. Mayor Dodd recognized Ms. Toni Bauer, 14519 Oakmont. Ms. Bauer questioned how long a period of time there is between a proposed zoning change and notification to the citizens and stated that a longer notification time might be needed. Mayor Dodd recognized City Attorney John Boyle. Mr. Boyle stated that by state statutes there was a 10 day advance notification to all property owners within 200 ft. required. He stated that for the public hearing before the City Council 15 days notice in the newspaper was required. Mr. Boyle stated that the City Staff could be instructed to lengthen the time of notification as a matter of policy instead of incorporating it into an ordinance so that the notification process could not have the chance of being invalidated. Councilwoman Dingman made a motion to instruct the City Staff to come back to the Council with recommendations for extending the time and extending the geographical notification as a matter of instructional policy. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.5-PUBLIC HEARING: CITY'S ZONING ORDINANCE BY GRANTING CHURCH AND TAKE APPROPRIATE ACTION. FAITH WORLD OUTREACH CENTER FOR THE NORTHWEST CORNER OF VALLEY VIEW LAN ZONING DISTRICT. CONSIDER REQUEST TO AMEND THE A SPECIFIC USE PERMIT FOR A REQUESTED BY THE WORD 0 PROPERTY LOCATED AT THE E AND MARSH LANE IN THE R-2 Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. The applicant has requested that the item be withdrawn from the Agenda. Notices have been sent to all property owners within 200 ft. of the subject property and a notice published in the local newspaper advertising the public hearing. The Planning and Zoning Commission accepted the withdrawal, did not conduct the public hearing and did not make a recommendation concerning the request to the City Council. Based upon the procedures established by the Zoning Ordinance for granting of a specific use permits, the City Council cannot take any action toward the specific use per- mit due to there not being any recommendation from the Planning and Zoning Commission. No action was necessary. Vol. 40, Page 8. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. The City's Zoning Ordinance requires a specific use permit for a church or institu- tion of religious or philanthropic nature within the PD-31 zoning district. Word of Faith Church would like to use the existing building at 12621 Denton Drive for conducting church services for youth and single adults. The parking area is not large enough to supply the parking requirements for a church use within the building. The Planning and Zoning Commission recommends that the request for a specific use permit be denied, but that the City Council approve a temporary use of civic and philanthropic nature to allow the church to occupy the building for a temporary period of time not to exceed one year. Mayor Dodd recognized Mr. Spencer Nordike, of 2200 Trinity Mills, youth pastor of Word of Faith World Outreach Center. Mr. Nordike requested that the Council allow Word of Faith to use the building at Denton Road and the parking lot for a temporary period of one year. Mayor Dodd recognized Ms. Mae Lewin, 3639 Pine Valley. Ms. Lewin asked for a point of information about Word of Faith World Outreach Center being an incorporated organization. Mr. Nordike responded that Word of Faith World Outreach Center Church, Inc. was a non-profit incorporated organization. Mayor Dodd recognized Ms. Toni Bauer, 14519 Oakmont. Ms. Bauer stated that there were 11 parking spaces for the building with a possible occupancy of the building of approximately 140 people. Councilman Blair made a motion to close the public hearing. Councilman Johnson seconded the motion with all members voting "aye". The public hearing was closed. Councilman Blair made a motion to deny the request for a specific use permit for Word of Faith World Outreach Center for the pro- perty located at 12621 Denton Road. Councilman Johnson seconded the motion with all members voting "aye". Vol. 40, Page 9. AGENDA ITEM NO. C.6-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR AN INSTITUTION OF RELIGIOUS OR PHILANTHROPIC NATURE AND TAKE APPRO- AGENDA ITEM NO. C.7-CONSIDER REQUEST FOR TEMPORARY USE OF CIVIC AND PHILANTHROPIC NATURE AND TAKE APPROPRIATE ACTION. REQUESTED BY THE WORD OF FAITH WORLD OUTREACH CENTER CHURCH FOR THE PRO- PERTY LOCATED AT 12621 DENTON ROAD IN THE PD-31 ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Section 8-102 of the City's Zoning Ordinance allows a temporary use of civic or philanthropic nature in any zoning district of the City by resolution of the City Council. The Word of Faith Church would like to occupy the building at 12621 Denton Road on a temporary basis for a period not to exceed 1 year. The Word of Faith Church plans to use the building for church services and activities for youth and single adults. The Planning and Zoning Commission recommends that the temporary use be approved for a period not to exceed one year. Mayor Dodd recognized Mr. Spencer Nordike, youth pastor with Word of Faith. Mr. Nordike explained that construction of streets was taking place and that construction of the building would follow. There followed discussion concerning parking, the expansion of restroom facilities, the complying with minimum code requirements and if this item is a proper use for civic and philanthropic use. Councilman Johnson made a motion to grant a temporary permit for religious and philanthropic use on this property to expire on the earliest of one year from this date or upon the granting of a Certificate of Occupancy for the Word of Faith Garden Learning Center and that the building meet all fire and health standards prior to occupancy. The motion died for a lack of second. Councilman Blair made a motion to deny the request for a tem- porary use of civic and philanthropic nature for the Word of Faith World Outreach Center Church. Councilwoman Dingman seconded the motion with Councilmembers Blair, Dingman and Weidinger voting "aye" and Councilman Johnson voting "nay". The motion carried by a 3 to 1 vote. AGENDA ITEM NO. C.8-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A JACK-IN-THE-BOX NON-DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW TAKE APPROPRIATE ACTION. REQUESTED BY JOE LANCASTER FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF VALLEY VIEW LANE AND JOSEY LANE IN THE PD-8 LR-1 ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. Article 8, Section 114 of the City's Zoning Ordinance requires a specific use permit for a non-drive-in restaurant with outside sales window in the PD-8 Vol. 40, Page 10. (LR-1) zoning district. Mr. Joe Lancaster, representing the owners of Tract 1 of the Farmers Branch Shopping Center, is requesting a specific use permit to locate a Jack-In-The-Box restaurant at the southwest corner of Valley View Lane and Josey Lane. The property is within the PD-8 (LR-1) zoning district. The Planning and Zoning Commission recommends that the specific use permit be granted subject to the following conditions: 1. A site plan be approved prior to building permits being issued. 2. The renovation of the existing buildings and parking lots in Tract 1 facing Josey Lane must be completed prior to a Certificate of Occupancy being issued for the new buildings. 3. The construction of the new buildings on Tract 1 will not begin prior to commencing renovation of existing buildings. 4. Sign details are to be provided to and approved by the City Staff. 5. Landscape plan and sprinkler plan be approved by the City Staff. Mayor Dodd recognized Mr. Joe Lancaster, representing the owners of Tract 1 of the Farmers Branch Shopping Center. Mr. Lancaster presented the request for a Jack-In-The-Box restaurant and explained that as soon as a specific use permit was approved for this restaurant the owners of Farmers Branch Shopping Center would begin the remodeling of the shopping center. Mayor Dodd recognized Mr. Robert Bruff, of 12300 Ford Road, zone development manager for Food Maker Inc. Mr. Bruff gave a presen- tation on the background and future of the Jack-In-The-Box restaurants. Mayor Dodd asked if there was anyone in favor of the request for specific use permit. No one spoke. Mayor Dodd asked if there was anyone in opposition to the request for specific use permit. Mr. John Wells, 13521 Heartside, stated that he was opposed to more traffic and trash being generated in this area. Councilman Johnson made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye". The public hearing was closed. 7 Vol. 40, Page 11. There followed discussion concerning the construction of Wendy's, similar type restaurants in the same area, traffic caused by congregating vehicles at fast food restaurants, the remodeling of the Farmers Branch Shopping Center and alternate uses for this tract of land. Mr. Lancaster stated that there was economic need for a freestanding building at that location to generate the needed funds to remodel. Councilman Blair made a motion to deny the request for specific use permit for a Jack-In-The-Box restaurant. Councilman Johnson seconded the motion with all members voting "aye". AGENDA ITEM NO. C.9-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A TRUCK LEASING AND FUELING FACILITY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. This item was continued from the June 6, 1983, City Council meeting. The Planning and Zoning Commission has continued the item until their June 27, 1983 meeting. Due to the procedures established by the Zoning Ordinance, the City Council cannot take action regarding the request until they have obtained a recommendation from the Planning and Zoning Commission. The Planning and Zoning Commission recommends that the item be continued until the July 11 , 1983 meeting. Councilman Johnson made a motion to continue the item until the July 11, 1983 meeting. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. MAYOR DODD ANNOUNCED THAT WORD OF FAITH WORLD OUTREACH CENTER CHURCH, INC. HAD REQUESTED THAT AGENDA ITEM NO. C.10-CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT WITH WORD OF FAITH WORLD OUTREACH CENTER CHURCH, INC. FOR THE WORD OF FAITH WORLD OUTREACH CENTER ADDITION AND AGENDA ITEM NO. C.11-CONSIDER REQUEST BY WORD OF FAITH WORLD OUTREACH CENTER CHURCH, INC. FOR FINAL PLAT APPROVAL OF THE WORD OF FAITH WORLD OUTREACH CENTER ADDITION BE REMOVED FROM THE AGENDA. Councilman Johnson made a motion to remove Items No. C.10 and C.11 from the agenda. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. Vol. 40, Page 12. AGENDA ITEM NO. C.12-CONSIDER ORDINANCE NO. 1440, PROVIDING FOR METHOD OF CHARGING DEVELOPMENTS FOR WATER AND SANITARY SEWER IMPROVEMENTS FOR THE EAST SIDE IMPROVEMENT AREA AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. At the June 6, 1983 meeting, the City Council adopted a policy for charging developments in the East Side Improvement Area for part of the costs for needed water and sanitary sewer system improvements. Ordinance No. 1440 has been prepared which includes the details of the policy adopted by the City Council and would enact the new policy. A brief summary of the policy included in the Ordinance is that the Developers will be charged for 806 of the total costs of the water and sanitary sewer improvements and the City will pay 20% of the costs. The City Staff recommends that the Council adopt Ordinance No. 1440. Councilwoman Dingman made a motion to amend proposed Ordinance No. 1440 as follows: 1. In Section 3, under "2. Pro Rata may be paid as follows:" amend . . from the date of the Developer's Contract . . to read . . from the date of obtaining a building permit . . 2. In Section 3, under E.4, amend . . this Section shall expire as of June 20, 1998, 15 years from date . . to read . . this Section shall expire as of June 20, 2003, 20 years from date . . Councilman Johnson seconded the motion and asked to amend the motion to include the following amendment to proposed Ordinance No. 1440: 3. In Section 3, under E.1, amend . . the percentage of buildout . . to read 11. . . the percentage of buildout of water and sanitary sewer system Councilwoman Dingman accepted the amendment with all members voting "aye". The motion carried unanimously. After discussion, Councilman Johnson made a motion to adopt Ordinance No. 1440 as amended. Councilman Blair seconded the motion. Councilman Johnson asked to amend the motion to include the following amendment to proposed Ordinance No. 1440, "An Ordinance Making Findings And Determinations Relative To A Plan Of Development For The East Side Improvement Area; Providing Definitions; Providing For Water And Sewer Pro Rata Charges In Vol. 40, Page 13. The East Side Improvement Area By The Addition Of Section 27-49-a Of The City Code, Chapter 27; Providing For Terms To Be Included In A Developers Contract; Providing A Severability Clause And Declaring An Emergency": 1. In Section 3, under E.4, amend this Section shall expire as of June 20, 2003, 20 years from date . . to read . . this Section shall expire as of June 20, 2013, 30 years from date . . Councilman Blair accepted the the amendment with Councilmembers Johnson and Blair voting "aye", Councilmembers Dingman and Weidinger voting "nay" and Mayor Dodd voting "aye". The motion carried by a 3 to 2 vote. AGENDA ITEM NO. C.13-CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT WITH CENTRE DEVELOPMENT COMPANY, INC. FOR THE REPLAT OF THE CENTRE ADDITION, LOT 1, BLOCK C AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Developer's Contract provides for the installation of the necessary public improve- ments for The Centre Addition, Lot 1, Block C in accordance with the City's Subdivision Ordinance. The City Staff recommends that the Developer's Contract be accepted. Mayor Dodd recognized Mr. Craig Knight, representing Centre Development Co. Mr. Knight stated that he was in agreement with the revised Developer's Contract. Councilman Blair made a motion to authorize the execution of the Developer's Contract that had been revised by the City Staff. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.14-CONSIDER REQUEST BY CENTRE DEVELOPMENT COMPANY, INC. FOR APPROVAL OF THE REPLAT OF THE CENTRE ADDITION, LOT 1, BLOCK C AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This tract of land is located in the now existing office development known as The Centre. This particular tract is situated in the southwest corner of the intersection of Greenview Blvd. and Alpha Road. This property is being replatted due to the fact that an addi- tional section of land was needed to accommodate parking require- ments. This replat has been reviewed by the Engineering Division and it complies with the City's requirements for replat approval. A Developer's Contract will be required for this project. The Planning and Zoning Commission recommends that this replat be approved. Vol. 40, Page 14. After discussion, Councilman Johnson made a request by Centre Development Co., Inc. for property located at the southwest corner of Greenview Blvd. and Alpha Road. Councilman the motion with all members voting "aye". unanimously. MAYOR DODD ANNOUNCED THAT AGENDA ITEMS C.16 TO CONSENT ITEMS. motion to approve the the replat of the the intersection of Weidinger seconded the motion carried AND C.17 WERE ADDED AGENDA ITEM NO. D.1-CONSIDER AWARDING THE BID FOR PURCHASE OF A MATERIALS CONVEYOR AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the disscussion by giving the following infor- mation from an Administrative memo. Bids were received at 10:30 a.m. on June 6, 1983 for one materials conveyor with an electric motor and an alternate bid for the same specifications with a gasoline engine. Requests for bids were mailed to four vendors and three receipts of acceptance were received by the City. The lowest base bid received was from Angel Manufacturing Company of Fort Worth, Texas in the amount of $14,800., with the lowest alternate bide of $17,900. for the gasoline engine conveyor. Funds are available in the current Street Division budget for this purpose. The City Staff recommends that the bid be awarded to Angel Manufacturing Company in the amount of $17,900. After some discussion of the use of the equipment, Mayor Dodd recognized City Manager, Paul West. Mr. West explained that the process now used was to load a mixer onto a flat bed truck after hand loading the cement into the mixer. Mayor Dodd recognized Director of Public Works, Earl Deland. Mr. Deland stated that obtaining a materials conveyor would at least double the productivity of the mud-jack operation. Councilman Johnson made a motion to award the bid for a materials conveyor to Angel Manufacturing Company in the amount of $17,900. Councilman Weidinger seconded the motion with Councilmembers Johnson, Weidinger and Dingman voting "aye" and Councilman Blair voting "nay". The motion carried by a 3 to 1 vote. ITEM NO. D.2-CITIZEN PARTICIPATION. No one spoke. 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 Vol. 40, Page 15. WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. a. Discuss Personnel Matters There was discussion on Board applications. b. Discuss Land Acquisition There was discussion of possible land acquisition with Mr. Lassiter and Mr. Harry Vaughn for 2.63 acres at 12800 Webb Chapel Road. C. Discuss Pending and Contemplated Litigation City Attorney John Boyle gave a status report of the Addison Sewer Suit. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Weidinger made a motion to reappoint to Boards the following people: 1. Charles Arnett to the Library Board, Place 1, for a term to expire May 1, 1985 2. Bobbye Irvin to the Library Board, Place 2, for a term to expire May 1 , 1985 3. Doug McNeill to the Planning and Zoning Commission, Place 6, for a term to expire May 1, 1985 4• Joe Koegler to the Planning and Zoning Commission, Place 7, for a term to expire May 1, 1985 and appoint Wallace Waggoner to the Drainage Study Committee. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. Vol. 40, Page 16. AGENDA ITEM NO. E.3-CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. AGENDA ITEM NO. E.4-CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESS ON. No action necessary. AGENDA ITEM NO. F.1-ADJOURNMENT. Councilman Johnson made a motion to adjourn the meeting. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried. The meeting of June 20, 1983 was adjourned at 12:20 P.M. 0 0 Vol. 40, Page 17. I'a-i City S cretary