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HomeMy WebLinkAbout04/07/1980 City Council CITY OF THE COLONY DEWfON COUNTY, TEXAS APRIL 7, 1980 A REGULAR MEETING of the City Council for the City of The Colony was called to order with the following members present: Ri chard Turner Mayor William J. Longo Councilman Linda Adams Councilman Sandra Shearer Councilman Gary Shipman Councilman Chris Fabian Councilman thus establishing a quorum. Prior to Agenda Item ~1, Councilman Longo requested that Norman Adeler, encumbent to Place 3, be able to participate in the meeting. Mayor Turner granted this request. 1. APPROVAL OF MINUTES Councilman Shipman noted that in the minutes of Special Session held on q/10/80 Mr. Adeler's name was omitted from Agenda Item #2 on the Order of Places on Ballots. Councilman Shipman then moved to approve the minutes of the Special Session held March 10, 1980 as corrected and the Regular Meeting minutes of the meeting held March 17, 1980 as presented. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2. CANVASS OF VOTES FOR THE CITY OFFICERS ELECTION HELD ON APRIL 5, 1980 Councilman Fabian moved that the Ci_ty Council consider the official returns of the election held in the City on April 5, 1980. Seconded by Councilman Shitmmn, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None After review of election forms, Mayor %lk~ner read aloud the following Canvass of Returns and Declaration of Results of Election: ~,~IERtL%S, heretofore, the City Council of the City of The Colony, Texas, called an election to be held in the City on April 5, 1980, for the purpose of electing one Councilmember for Place No. 3, one Councilmember for Place No. 4 and one Councilmember for Place No. 5; and WHEREAS, iar~diately after said election the Presiding Judge and other officials holding said election made their returns of the results thereof to the City Council as follows, and said returns being made according to law, and duly authenticated, and it being shown that written not~i~of said election was posted for the time and in the manner provided by law, and all other proceedings pertaining to said election having been shown to have been done and performed at and within the time and in the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Council and no protest or objection being made to or regarding any matter pertaining to said election; NOW THEREFORE, be it resolved by the City Council of the City of The Colony, Texas, after examining said returns and opening and canvassing the votes of said election, that the results of said election are as follows: 000566 That the following number of votes were cast for the following named candidates for the office of Councilmember Place No. 3, to-wit: NAME NUMBER OF VOTES P. David Brown, Jr. 118 Norman H. Adeler 320 Charles T. Dodd 132 D.E. (Del) Crouser, III 76 It appearing that Norman Adeler received a majority of all votes cast for all the candidates for the office of Councilmember Place No. 3 and he is hereby -- declared to be elected to the office to serve after qualifying for said term conmencing April, 1980. That the following number of votes were cast for the following named candidates for the office of Councilmember Place No. 4, to-wit: NAME NUMBER OF VOTES Chris Fabian 314 Gary Shipman 362 It appearing that Gary Shi~xnan received a majority of all votes cast for all the candidates for .the office of Councilmember Place No. 4 and he is hereby declared to be elected to the office to serve after qualifying for said term commencing April, 1980. That ~he following number of votes were cast for the following named candidates for the office of Councilmember Plact No. 5, to-wit: NAME NUMBER OF VOTES Nick Oprea 188 Gene Pollard 205 Greg Norwood 272 It appears that none received a majority of all votes cast for all the candidates for the office of Councilmember Place 5 and he is hereby declared to be elected to the office to serve after qualifying for said term conmencing April, 1980. IT IS FURTHER ORDERED that this canvass and declaration of results of said election be entered in the Minutes of the City Council and that said officers, after they have qualified and taken their oaths, shall serve during the term cc~mencing April, 1980 and thereafter until their successors are duly elected and qualified. That this Resolution, declaring the results of the election called for April 5, 1980 shall become effective immediately after its passage. DULY PASSED by the City Council of the City of The Colony, Texas, this the 7 day of April, 1980. Councilman Shipman moved to approve this Canvassing. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. PUBLIC HEARING - ZONING CHANGE RZQUEST FROM AGRICULTURAL TO NEIGHBORHOOD SERVICES CLASSIFICATION; .499 TRACT OF LAND LOCA~ ON CAMEY ROAD EAST OF PA~GE ROAD Councilman Longo moved to open this public hearing. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None - 2- 000,567 Mushteq Ahmed Fazlani, M.D., presented revised plot plans to the Council explaining' his building location, parking, ingress, egress, solid waste disposal and further cor~nerci~ expansion. Mr. I.R. Bradburry, Director of C~tu~unity Develo~nent for the City, stated that the staff and the Planning and Zoning Conmission saw no problems with this property being zoned Neighborhood Services. He also advised the Council that the commercial construction would be in a later phase which Dr. Fazlani explained would depend upon the growth of other shopping areas. Councilman Fabian asked if the n~dular building propos~ by Dr. Fazlani to be placed upon the property would come up to all City codes. Dr. Fazlani answered that the 1344 square foot building could be brought up to m~et all City codes. There followed a lengthy discussion concerning the use of a modular building, the cc~petition that would be generated by other n~dical facilities in our City, garbage pick up and water and sewer connections. Mrs. J.Y. Eberhart, a member of the audience, advised that the property being discussed was located in the Lebanon water system but was not in The Colony's Municipal Utilities District. Councilman Fabian stated that he felt it was necessary that Dr. Fazlani petition to ccme into the M.U.D. District prior to second reading of this ordinance. After further discussion, Mr. Frank Henry, a member of the audience and serving as Member of the Planning and Zoning Co~ssion, reminded the Council that the Council only consideration was the highest and best utilization of this property which did concern only the zoning, not the structure upon the property. There being no further conments for or against this zoning change, Councilman Adams moved to close the public hearing. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 5. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE FROM AGRICULTURAL TO NEIGHBORFf~D SERVICE FOR A . 499 ACRE LAND TRACT Mayor Turner read aloud, in its entirety, the following captioned ordinance: AN ORDINANCE OF 7~HE CITY OF ~HE COLONY, TEXAS, AMENDING THE COMPPdKqENSIVE ZONING ORDIN~CZ OF ~ CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED HEREIN TO "NS" NEIG~ORH(~D SERVICE DISTRICT CLASSIFICATION; PROVIDING FOR ~ AMENDMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED ~HE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFf~SE; AND PROVIDING AN EFFECTIVE DATE. Councilman Fabian moved to approve this ordinance upon first reading. The motion was seconded by Councilman Shipman. Councilman Longo wanted it noted that Dr. Fazlani must begin the procedure of annexation into the Municipal Utilities District prior to the second reading of the ordinance. It being duly noted, Mayor Turner then called for a vote on the motion on the floor. The motion was passed by the following roll call vote: Ayes: Councilmen Longo, Shearer, Shipman & Fabian Noes: Councilman Az]ams 19. CONSIDERATION OF RfQUEST TO PLACE MOBIL CHAPEL BY THE FIRST BAPTIST CHURCH TO BE USED AS A MISSION CHURCH Reverand Bill Tinsely of the First Baptist Church of The Colony introduced to the Council Reverand David Bird and explained that Reverand Bird would be the minister for the new Mission Church to be located at North Colony Boulevard and Taylor Street. Reverand Tinsley requested that they be able to use a "mobile chapel" building on this five acre tract of land at Taylor and North Colony prior to construction of a permanent structure. Councilman Adams asked if this temporary facility would meet codes. Mr. Bradburry answered that it would not and for this reason he felt the Council should make the decision. -3- 000568 After further discussion, Councilman Adams suggested that the structure be approved for temporary use of six months and then ~ back to the Council for consideration of permanent structure plans and continuation of use. Councilman Adams put this suggestion into the form of a motion. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All n~mbers present voted aye Noes: None 3. RECE/VE M.U.D. REPORT Municipal Utilities District Board Member, Wes Gray, gave a brief report to the Council regarding the completion of the well and an update on the service center. 6. PUBLIC HEARING - ZONING CHANGE REQUEST FROM SINGLE FAMILY TO SPECIAL PERMIT #9 TO AIJ32~ MUNICIPAL SERVICES ON 1.3 ACRES OF LAND LOCATED ON NORTH COLONY BOULEVARD Councilman Fabian moved that the public hearing be opened. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mr. Tom Hart, City Manager, explained to the Council that this area located adjacent to the Utilities District water well on North Colony Boulevard would be used for a fire station, municipal building and medical clinic and that there would be adequate parking and ingress and egress for these facilities. At this time Robert Dillard, Attorney for the City, recomnended that the zoning be changed to Neighborhood Services rather than Special Permit which would cover all three of these proposed uses. Councilman Adams asked if this would invalidate the present zoning procedures. Mr. Dillard answered that it would not as the application was for Special Permit but the Council has the right to zone it as they saw fit for its highest and best use. There being no further comments for or against, Councilman Shipman moved that the public hearing be closed. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING R/HE COMPREHENSIVE ZONING ORDINANCE FROM AGRICI/LTURAL TO SPECIAL PERMIT #9 ON 1.3 ACRE LAND TRACT Councilman Longo moved that this item be tabled until the April 21 meeting to give the attorney an opportunity to prepare the corrected zoning ordinance. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. PUBLIC HEARING - UNILATERAL ANNEXATION ON A TWO ACRE LAND TRACT LOCATED WEST OF PAIGE ROAD ON CAMEY ROAD; SAID LAND TRACT BEING OWNED BY J.Y. EBERHART Councilman Longo moved to open the public hearing. Seconred by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -4- 000 69 Mr. Hart informed the flDuncil that the two acres of land involved in this public hearing was surrounded by the City and met all other legal requirements for unilateral annexation. He further stated that the City had been providing services to the area and felt that these services could be provided at a higher level if the property was within the legal City limits of The Colony. It w~s noted by Mr. Hart that J.U. and Vera Eberhart, owners of the property, were present for this public hearing. There being no further c~L,,ents for or against this annexation, Councilman Adams moved to close the public hearing. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF ORDER C~T,I,ING A RUN OFF ELECTION FOR MAY 10, 1980 Mayor Turner read aloud, in its entirety, the following Order: BE IT ~RED that on this day the following Order was issued by the City Council of the City of The Colony, Tex~s, to wit: WHEREAS, in the election held in the City of The Colony, Texas, on April 5, 1980, Gene Pollard and Greg Norwood received the highest nunber of votes for the office of Councilman, Place 5, for a two (2) year term, thereby making it necessary to hold a run off election for such offices. IT IS THEREFORE ORDERED THAT an election be held in the City of The Golony, Texas, on the 10th dya of May, 1980, for thepurpose of electing one (1) City Councilman for a two (2) year term and at which time such candidates shall be entitled to have their names printed on the ballot. No other nan, s shall be permitted and no write in votes shall be permitted. The candidate who receives the highest number of votes for the office of Councilman, Place 5, shall be elected for a term of two (2) years. None but legally qualified votes of the City shall be entitled to vote at said election. The polling place for said election shall be Camey Elementary School at The Colony, Texas. The polls will be open frc~ 7:00 A.M. to 7:00 P.M. The said election shall be held in accordance with the Election Cede of the State of Texas. Notice of said election shall be posted at the City Hall and two (2) other public places within the City on or before the first day following the issuance of this Order. Absentee voting for such run off election shall conmence at 8:00 A.M. on the 21st day of April, 1980, and shall run daily frcm 8:00 A.M. to 5:00 P.M. weekdays, through the 6th day of May, 1980. A certified copy of this Order shall constitute notice of such election and the City Secretary shall make return of such posting by an affidavit of such fact. Rose Ashman is designated as the presiding Election Judge and Dianne Kovar is appointed alternate presiding Election Judge. Seven clerks, including the alternate judge, may be appointed. After holding said election, the Election Judge shall prcmptly make their returns to the City Secretary and to the Mayor, and the Secretary shall thereafter present such returns to the City Council for the canvassing of said election. The presiding Election Judge shall be paid the sum of Twenty ($20.00) Dollars for making such returns. Both Election Judge and Clerks shall be paid the sum of Three ($3.00) Dollars per hour for their services in holding said election. ORDERED this 7 day of April, 1980. -5- 000570 Coucnilman Fabian moved to approve this Order. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF AGRE~4ENT WITH CITY OF LEWISVI!.I.E FOR MUTUAL AID AND DISASTER ASSISTANCE Mr. Bradburry, Director of C~m~0nity Development/Fire Chief, reccmnended that this Mutual Aid A~reement be signed between the City of Lewisville and The Colony Volunteer Fire Department. He explained that this Ac3re~ment was for fire services only. After a brief discussion, Councilman Longo moved that the City Manager be authorized to enter into This Agreenmet with the City of Lewisville. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 11. CONSIDERATION OF FIRST READING OF ORDINANCE ALrlI~ORIZING CITY MANAGER TO ENTER INTO A CONTRACT WITH NORTH TEXAS STATE UNIVERSITY REGARDING RECREATIONAL PROGRAMS FOR THE CITY Mr. Hart introduced Chris Edgington and Dan Plaza, representatives frcrn North Texas State University, Department of Recreation. Mr. Edginton reviewed the four objectives of this project which include: 1. The establishment and implementation of services for the citizens of The Colony 2. The providing of a recreational program and leisure program for our citizens 3. The assisting of the City of The Colony in the acquisition and develotmnent of resources including the preparation and submission of grants for park acquisition, recreation and leisure programs. ~ 4. The establishment of professional work experiences for all classes within the Division of Recreation and Leisure Studies at North Texas State He further explained the following twelve deliverables proposed by this contract: 1. Administration, supervision - NTSU will provide for administration and supervision of all activities during the contract period including the planning, organizing, recruiting, staff selection, training and evaluation related to the program. 2. Policy Formulation - Project staff will assist the City Council and the Parks and Recreation Board in the identification and formulation of policy stat~nents in the areas of programs, ccrmnunity relations, maintenance, finance, personnel, organization and administration through periodic meetings. 3. Com~t~ity Relations - Project staff will meet with various organizations and governmental officials to establish a program of public relations and cc~nunity advocacy for the Parks and Recreation Department. 4. Neighborhood Recration Advisory Councils that will identify programs needs, human resources, facilitate the dissemination of information, '- assist in the organization of neighborhood recreational services and organize n~aningful citizen involvement. 5. Information Network - Project staff will establish a system to collect, sort and disseminate information on ccrmmunity leisure resources. This will result, ultimately, in the production of a brochure and telephone system to disseminate information. -6- 000571 6. NTSU Consultant Tean - A consultant team to be available for consultation not to excede 20 days to advise, take under consideration various recommendations of project staff, advise city, Park & Recreation Board and staff on matters of program, policy, standards and other facets of delivery of services to citizens of The Colony. 7. g~ult Instructional Programs - Project staff will organize ten adult instructional leisure classes and where appropriate will offer multiple sections. 8. Children Instructional Programs - Project staff will organize ten children instructional leisure classes and where appropriate will offer multiple sections. 9. Jr. High Leisure Services - Project staff will organize a drop in teen program 6-10 at both elementary schools five nights a week. Specialized programs and services will be organized by staff in conjunction with the program's partic~nnts. 10. Liaison with Sport Association - NTSU will provide a liaison with all sports associations, coordinating use of facilities, programs and other services. Project staff will assist in training of coaches, officials and others where appropriate. 11. Day Camp (Outdoor Rough) - Project staff will organize a day camp program and provide two week sessions operated 9-4 at one location. Program will be operated during the months of June and July. The number of sessions will be based on participant demand. 12. Special Events - Project staff will organize and conduct monthly (one) cumtunity wide special event in April, May, August and two events a month in June and July.. The Council was concerned regarding the cost of this program at $12,534.00 for a four and one-half month period as compared to their previous contract presented to the Council for a nine month period (i.e, fall, winter, spring) for approximately the same amount. Mr. Hart explained that this program consisted of a full time director rather than a part time director, the availability of help was scarce for the University during the sumner months and a sumner program is a more concentrated effort than a fall, winter or spring recreational program. Councilman Longo emphasized his concern regarding the continuance of the City's recreational program after the sumner program had ended. Mr. Hart advised the Council that he had already asked North Texas to present a nine month program for their review and study in the near future. It was noted by Richard Froehardt, Chairman of the Parks and Recreation Board, that the Board did recommend that this contract be approved by the Council. After a lengthy discussion and clarification of cost, CounciLman Adams stated that she did not see this as a cheaper route than in-house hiring of personnel. Council- man Fabian stated that as of this date, the Council has not done anything in a positive effort to initiate a recreational program for the City and he saw this as an opportunity to begin a program. It was moved by Councilman Fabian that this ordinance authorizing the City Manager to enter into a contract with North Texas State be approved upon first reading. This motion was seconded by Councilman Longo. Prior to voting, Mayor Turner read aloud, in its entirety, the following captioned ordinance: AN ORDINANCE OF THE CITY OF 5HE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WIl/q THE TEXAS DEP~ OF ~ITY AFFAIRS, AN AGS~CY OF THE STATE OF TEXAS, TO PERFORM IN A COMPLETE AND SATISFACTORY MANNER %/qE PERSONNEL MANAGEMENT AND/OR TRAINING ACTIVITES; ATTACHING 5HE APPROVED FORM OF THE (IANTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. -7- 000572 The motion carried by the following roll call vote: Ayes: Oouncilman Longo, Shearer, Shi~n and Fabian Noes: Councilman Adams 12. GONSIDERATION OF RE APPOINTM~Xrf OF THE COLONY POLICE RESERVES Mr. Hart stated that Chief Ristagno has requested that the existing Police Reserve Officers be reinstated by the Council for a period of one year. Councilman Longo n~ved that Officers Gary Green, James Jordan and Gary Carroll be reappointed to The Colony Police Reserve Force. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 13. RECEIVE A REPORT ON PERRYMAN PARK Councilman Longo stated that with assistance from the VFW, Jaycee's, Boy Scout Troup and other volunteers, thirty Juniper trees and several Ligustrums were planted Saturday, April 5. He stated thathe had spent $210.65 of the $570.00 allocated by Council and did ask that the Council permit him to use the balance for further improvement of Perryman Park. The Council concurred. Councilman Longo publicly thanked Pete's Gang frcm LaPetite Academy for planting marigolds on the easement of North Colony Boulevard. He also presented to the Council The Colony Jaycee's request that a park area be named after the late David Cowan, the past President and founder of the Jaycee' s. 14 & 15. CONSIDERATION OF FIRST READING OF ORDINANCE AUTHORIZING CITY MANAGER TO ENTER INTO A CONTRACT WITH THE TEXAS DEPARTMENT OF COM~3NITY AFFAIRS REGARDING A PERSONNEL GRANT FOR THE CITY. CONSIDERATION OF FIRST READING OF ORDINANCE AUTHORIZING CITY MANAGER TO ENTER INTO A CONTRACT WITH THE OFFICE OF PERSONNEL MANAG~4ENT TO IMPLEMENT THE PERSONNEL GRANT FOR THE CITY. At the request of Mr.Hart, City Manager, Councilman Longo moved to table these Agenda items for further clarification on the contracts with the Departn~nt of Ccr~unity Affairs. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 16. CONSIDERATION OF ACCEPTANCE AND APPROVAL OF BIDS TO MOVE ONE NDDLVIJ~ BUILDING Mr. Hart presented the bid from the Denton County House Movers and reconmended the approval of the bid in the amount of $7,000. Councilman Shearer so moved. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 17. CONSIDERATION OF FIRST READING OF ORDINANCE AUTOHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS ON BEHALF OF THE CITY: (1) TO LEASE/PURCHASE WITH NORTH TEXAS BANK FOR ONE NDIXILAR BUILDING; (2) CONTRACT FOR MOVING MODULAR BUILDING Mr. Hart explained to the Council the cost involved in the lease/purchase of the building and setting up of same as follows: · Fiscal Year 1979/1980 - $ 6,635.70 · Fiscal Year 1980/1981 - 15,925.00 ** · Fiscal Year 1981/1982 - 9,289.98 **No fiscal impact beyond this year 000 S78 with the initial payment being taken from Account Number ol-61 that had appropriated $25,000 for building costs. Additional costs involved are: 1. Parking lot -- no cost -- to be installed by Fox & Jacobs and Methodist Hospital 2. Utility Cost - $3000 3. Telephone Cost - Unknc~n - to be worked at a later date 4. Miscellaneous cost - $4,000 5. Landscaping and sign cost - $1,000 6. Furniture cost - $1,000 7. Trailer relocation - $1,000 The Co~mcil agreed to the cost effectiveness of the lease/purchase for the building; however, Councilman Longo was concerned that the City would be caught in the "credit card syndrome." Councilman Adams agreed with Councilman Longo stating that it was too easy to purchase items on a lease/purchase contract and she w-as concerned that this was not the appropriate method to purchase the building at this time. Mr. Hart read aloud, in its entirety, the following captioned ordinance: AN ORDINANCE OF %HE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE PURCHASE AGREEMENT BEYWEEN ~ CITY AND NORTH TEXAS BANK FOR THE LEASE PURCHASE OF A MDDULAR BUTT,DING; AUIIqORIZING THE CITY MANAGER TO EXPEND FROM THE GENERAL FUNDS OF THE CITY SUCH AMDLIXri~ AS ARE NECESSARY TO PAY THE LEASE RENTAL WHICH WILL BECOME DUE DURING THE CURRENT FISCAL YEAR; PROVIDING FOR %HE EXECUTION OF A FINANCING STATEMENT BY THE CITY MANAGER; AUTHORIZING %HE CITY MANAGER TO ENTER INTO A CONTRACT FOR %IHE MOVING OF SAID BUILDING FROM LEWISVILLE TO %HE COLONY; AIYIHORIZING 11qE CITY MANAGER TO EXPEND FROM THE GENERAL FUND OF %HE CITY SUCH AMDUNT AS IS NECESSARY TO PAY THE APPROVED BID AMOUNT FOR MOVING THE BUILDING; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Shearer moved to approve this ordinance on first reading. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Councilmen Longo, Shearer, Shipman & Fabian Noes: Councilman Adams 18. CONSIDERATION OF LITIGATION: (1) EASTVALE SUIT; (2) J.Y. EBERHART SUIT Mayor Turner announced that the Council would meet in a closed door session to consider the above referenced litigation as authorized by Article 6252-17, Section 2, VACSo Upon reconvening in open session and there being no further action to be taken by the Council, Councilman Shearer moved that the meeting be adjourned. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 11:10 P.M. _ //~ /~ ~  ~AY~OR / ~ ATTEST: