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HomeMy WebLinkAbout11/01/1982 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON NOVEMBER 1, 1982 A REGULAR SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall with the following members present: Gene Pollard Mayor Scott North Councilman Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and with no members absent, thus, a quorum was established. 1. APPROVAL OF MINUTES Councilman Parker moved to approve the minutes of the October 18, 1982, Council meeting as presented. Seconded by Councilman Dodds, the motion carried by the following vote: Ayes: Councilmen Sample, Adeler, Parker, Dodds and Poole, Mayor Pollard Noes: None Abstention: Councilman North 2. CITIZEN INPUT Mayor Pollard briefly explained the citizen input procedure, stating that this was a time for citizens to sign up to speak to the Council on matters not covered on the agenda. Mr. John Botkin was then recognized and stated that he was here to say thank you for the support given The Colony Jaycees this weekend and during the past weeks in preparing for the circus. He stated further that the circus personnel had stated that The Colony was a very professional organization and they would like to come back here again. 3. RECEIVE STATUS REPORT Janice Carroll, Acting City Manager, stated that she would continue the practice of giving this report to the Council orally. She then reported that The Colony Fire Department and Volunteers had their annual Haunted Fire Barn this past weekend on Saturday and Sunday evenings. This year they raised in excess of $800 and they may look into having a daytime session next year. The Colony Fire Department is having a training school each night this week from 7:00 to 10:00 p.m., she reported, which is being conducted as an extension service of Texas A&M University Firemen's Training School by their staff. Both paid personnel and volunteers are taking part in this training. Mrs. Carroll stated that she would be carefully watching the City's cash flow during the next few months, especially through December. She stated that we are expecting some tax money to come in in December, and she asked for the Council's guidance during this period. Mayor Pollard asked if we might have to borrow money in order to get through this period, and Mrs. Carroll answered that this should not be necessary unless the tax money does not come in in December when expected. Councilman Sample asked how much later the tax statements were mailed out this year compared with last year, and Mrs. Carroll answered onIy about two weeks. Mayor Pollard was concerned about mortgage companies which do not pay taxes until May or June and asked if there was anything our collection agent could do about this. -1- She reported that Jane Barton, Financial Assistant, renewed two Certificates of Deposit today at 10 B/4%. She advised the Council that the budget will be ready this Wednesday, November Brd, and she stated that copies would be put in the Council's boxes. She also stated that copies of the budget will be available for purchase at that time. She stated that she had received a memorandum from N. C. Ristagno, Police Chief, regarding an auction to be held November 20th. This will include items from the Police Department, as well as other City equipment. She advised the Council that she would be out of the office the morning of November 4th, as she received a summons to serve on the Grand Jury. She advised that she had received a notice from the Texas Municipal League today informing us of their intention to raise their rates for member cities 18%. This will affect cities scheduled to pay after December 1982, and this does include The Colony. She advised the Council that Mayor Pollard had visited with Mr. King of Southwestern Bell regarding the moving of the cable along FM 423. Mr. King was to let Mayor Pollard know something concerning the timing of this project on November 2nd. Mayor Pollard reported to the Council that a Mr. Baxter, a represen- tative of Bill Bright / Bright Properties, has approached the City of Lewisville concerning a land tract south of The Colony and the possibility of setting of a municipal utility district to serve the area. He stated further that a municipal utility district is one of the options the Bright Properties have in develop- ing the area. Mr. Tom Forrest is scheduled to meet with Mr. Bright in about three weeks, Mayor Pollard advised, and Mr. Forrest does not feel there is any immediate urgency concerning these discussions. Mrs. Carroll advised the Council that there was an Employee Committee meeting scheduled for November 4th and at that time plans will be discussed concerning Thanksgiving and Christmas. She explained further that, traditionally, City Hall personnel have a covered dish dinner the day before Thanksgiving at lunch time. She also advised that there are tentative plans for a Christmas party in the evening at the home of one of the city employees. Mrs. Carroll also brought up the fact that Christmas falls on Saturday this year,therefore, according to The Colony's Personnel Rules and Regulations, City Hall will be closed on Thursday and Friday prior to Christmas, since City employees are given a day for Christmas as well as a day for Christmas Eve. She advised the Council that she had a meeting this morning with Tom Forrest, Director of The Colony MUD, concerning health insurance. City employees are currently in a group with the MUD employees through Aetna, and Aetna plans on raising their rates as of Novem- ber 15th. Mrs. Carroll explained that she would like to come up with an alternate plan to avoid the higher premiums. Mrs. Carroll explained further that the City is not required to go through a formal bid process on health insurance but can simply go out for proposals. She said that we can go in with MUD again on the proposal process, conduct our own proposal process or appoint a local agent of record and have him develop a proposal for us. MUD is interested in maintaining the group with us. Councilman North suggested that Mayor Pollard might be able to help in this process, as he does have some knowledge in the field. Councilman Sample asked about the group's experience during the past year, and Mrs. Carroll answered that the claims submitted by MUD were basically responsible for the rate increase being proposed; how- ever, she explained that the same thing could have happened to the City. Mayor Pollard strongly recommended appointing a local agent of record to handle this for us, as the process is a very complicated one. He stated further that it would take two to three weeks to get proposals back after mailing out preferred options -2- to insurance agencies. Mayor Pollard also advised that this could be discussed by the Council in a closed door session under personnel. Councilman Sample asked if the yellow van which used to serve as an ambulance and an old city truck were to be a part of the auction, and Mrs. Carroll answered that they were. Councilman North asked about a program being put on by the Fire Department to acquaint school children with what to expect in case of a fire, especially how firemen look in bunker gear and oxygen masks. He said that his wife was concerned that not enough was being done in this regard for pre-school children. Bill Metting, a member of the audience, stated that the program had been put on at the local day care centers, however, this would not include those children staying in homes. 8. CONSIDERATION OF ORDINANCE AMENDING CITY ORDINANCE NO. 222 TO PROVIDE FOR INCREASED PENALTY AND INTEREST CHARGES ON DELINQUENT TAXES AS AUTHORIZED BY STATE LAW Mayor Pollard explained that it was very important to understand that only one section of this ordinance was being amended, due to an error made by the attorney when the ordinance was prepared, and this does not change the tax rate in any way. Mayor Pollard then read the following ordinance caption aloud: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 1982 AT A RATE OF $.34 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 1982; TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. Councilman North then moved to approve this ordinance as presented. Seconded by Councilman Dodds, the motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None 5. RECEIVE COUNCIL REPORT REGARDING CATV Mayor Pollard recognized Councilman Sample and Councilman Adeler to give this report. Councilman Sample began and explained that they had had a meeting last Thursday evening with Mr. Ben Campbell of CATV as well as his CPA. Councilman Sample stated that at this time a different statement was presented than the one the City had been receiving in the past. The statement presented at this meeting showed CATV operating at a loss, however, it was not verified by a CPA and, therefore, Councilman Sample stated he would not be willing to attest to its accuracy. The statement also was not signed by an officer of the company, advised Councilman Sample. Councilman Sample went on to clarify that CATV is free under the terms of the franchise to raise the rates of the movie channels. Councilman Adeler then stated that Mr. Campbell had said that a certified copy of the financial statements would be presented to the City around the first part of February 1983, breaking out The Colony cable operation and including figures through the end of the year 1982. Mr. Campbell advised further that after this the City would be getting these certified state- ments on a quarterly basis. Councilman Poole asked if the company had been in violation of their franchise agreement all along by not providing these quarterly financial statements. Councilman Sample answered that this was correct. At this time, Mr. Ben Campbell was recognized and stated that they had consolidated all of their operations into one entity and they had not been able to produce the figures on The Colony operation at the times required, as they did not have a separate set of books for The Colony. Mayor Pollard asked if Mr. Campbell had been aware of this -3- requirement under the franchise agreement. Mr. Campbell stated that no he had not been aware of this and stated further that Mr. Savage had been primarily concerned about the gross receipts and, therefore, this is what they had been submitting. Councilman Sample stated that statements other than the ones submitted quarterly did not have to be certified by a CPA but could simply be signed by an officer of the company. Councilman Poole stated that the City does need this financial statement showing The Colony operation separately as part of its records. Mayor Pollard then asked about the charge for an additional outlet. Mr. Campbell stated that if a customer had only basic service on the additional outlet, the charge would not be raised, and he clarified that basic service is commercial TV. Councilman Sample questioned whether the rate increase would even cover the losses set out in the financial statement presented at this meeting. Mr. Campbell answered that what they were looking at was a long range projection. At this time, there was a discussion of some additional services which Councilman Sample inquired about. Mr. Campbell stated that he would be willing to work with the City on some of these services, however, he did point out that the FCC has preempted three channels and some are already taken up by the City and for an educational channel. Councilman Dodds asked if the local programs were trans- mitted by antenna or directly through the cable. Mr. Campbell answered that they were transmitted directly through the cable. Councilman North also brought up two channels in which he was interested, SPN a music service and HCN a health channel. Council- man North then asked if Mr. Campbell had considered the possibility of a loss due to customers who now have more than one movie channel opting to keep only one due to the increase in price. Councilman North felt that this might offset any benefit to the company from the price increase. Mr. Campbell stated that this factor had been considered when the decision was made to raise the rates. There was also some discussion concerning present technology and a keyboard system which Councilman North had occasion to use while on a trip to San Antonio. As a result of this discussion, Mayor Pollard stated that the Council should consider giving CATV a definition of what they feel "state of the art" technology --~ should mean, as the franchise agreement does call for state of the art technology to be used in The Colony system. Mayor Pollard then thanked Mr. Campbell for coming. 7. PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT REQUEST IN A SHOPPING CENTER ZONING ON PROPERTY LOCATED AT 5200 FM 423, AS REQUESTED BY CAMPBELL FELTON PROPERTIES, WITH MARTIN AMODEO ENTERPRISES, INC. ACTING AS AGENT Councilman North moved to open this Public Hearing. Seconded by Councilman Sample, the motion carried by the following vote: Ayes: Ail members present voted aye Noes: None Mr. I. R. Bradburry, Director of Community Development, was'then recognized to present information concerning this request. Mr. Bradburry stated that the Planning and Zoning Commission after its Public Hearing on this Specific use Permit request on October 26th, failed to make any recommendation to the City Council. The Commission had questions about the width of the entrance, as well as how well cars turning in could be seen by traffic approaching from the south. Mr. Amodeo stated that they would be willing to provide a caution sign for approaching traffic warning of the entrance, and he had made this offer at the P&Z meeting also. Mr. Bradburry advised the Council that they had met all of the requirements of the zoning ordinance, specifically mentioning parking, site plan, elevation and the water and sewer. At this time, Mayor Pollard recognized Mr. Martin Amodeo, acting as agent for Campbell Felton Properties; Mr. Felton of Ca~ipbell Felton Properties and Mr. Charles Lambert of Lambert, Ott& Associates, Inc., architect and engineer for Campbell Felton Properties. Mr. Lambert presented elevation drawings of the site showing where FM #423 is presently compared to the height it will be when the widening project is finished. Mr. Lambert stated that the building -4- would be higher than the new ~M ¢423 roadway. ~e then presented a chart to ~he Mayor and members of the City Council showing the stopping distance required on wet pavement. This chart had been taken from a traffic engineering manual. Councilman Parker aske~ if the concern about traffic turning right from FM #423 at this point was the only concern that the Planning and Zoning Commission had expressed. It was pointed out by Mr. Lambert that, as Mr. Bradburry had stated, all of the requirements of the zoning ordinance had been met, however, the Commission failed to take any action. Mayor Pollard asked if there had been a report from the traffic engineer on this, and Mr. Lambert answered that the concern of the Highway Department as well as The Colony's engineer was having 30 to 35 feet separation between the outgoing and incoming traffic at this turn in. Mayor Pollard asked if Hunter Associates, the City's engineering firm, had been consulted about this, and Mr. Lambert stated that Campbell Felton's engineer in Lewisville had talked to Hunter about this as well as to the Highway Department. It was also pointed out that the nearest exit off of FM #423 to this turn in would be the entrance to Brookshires 350 feet to the south. Councilman Sample asked if the stopping distances shown on the chart would apply going downhill. Mr. Lambert answered that this would increase the distance by 35 feet on wet pavement and 20 feet on dry pavement. Mr. John Botkin, a member of the audience, asked if filling in the pond which is on the site of the proposed building, would adversely affect drainage. Mayor Pollard answered that it should not, as the main reason for the pond was for the watering of horses. Mr. Bradburry added that a lot of money is being spent on various engineering studies, including drainage, in connection with the building of Griffin Square, which is immediately south of this site. At this time, Mayor Pollard read aloud the following two letters received by the Council concerning this Public Hearing: City Council, We are two concerned Colony homeowners who have recently learned of the possible opening of another liquor store on Highway 423, near the Colony T.V. Cable Company. We are concerned that the location of this liquor store is not in the best interest of The Colony or our property on Hetherington Dr. We are concerned that Hwy. 423 will become an eye sore for The Colony. If there must be another liquor store, why can't it be in one of the shopping centers? We would appreciate your support in not allowing a liquor store to be built at that location. Sincerely, David and Lynn Cook 4805 Hetherington Dr. The Colony Gene Pollard, Mayor 4928 Hackney Lane The Colony, Texas 75056 Dear Mayor Pollard: This letter is in reference to issuance of a specific use permit to Martin Amodeo Enterprises, Inc. for a liquor store on FM 423 adjacent to the CATV building. My husband and I are strongly opposed to a liquor store on this site. We are very optimistic about the qualitative growth of The Colony and trust in the creative planning pursued by you and other City Council members. It seems, to us, that the new shopping center would provide the appropriate zoning for such a business, as well as, minimizing the traffic hazards upon entrance there. Please consider our opposing viewpoint to the "specific use" permit. Thank you. Sincerely, Jan and Paul Rose 4801 Hetherington Dr. The Colony, Texas 75056 --5-- Mayor Pollard then opened the floor for comments from members of the audience. Robin Russell was recognized and stated that she and her husband would like to see another package store in The Colony, and she would prefer not having to go into a shopping center for this. She stated further that she and her husband feel this is a good location for this store. She added that she felt that traffic problems would be created in the shopping center with this store. Mr. Bill Metting was recognized and stated that he has visited a Marty's store in Flower Mound, which is run by the same firm proposing to lease this building, and found it to be a very nice store. However, he said he does have some real problems with a specific use permit in this area, which are, (1) he is concerned that in asking for this permit, they are asking for a variance from regular City procedure and that they should therefore give us a good reason for doing so, which he did not feel they had done, (2) in the last year, he has had an accident involving his car being hit from the rear, and he stated that the tail lights on his car are lower than shown on the drawing provided by Mr. Lambert and, further, he did not feel that his car would be as visible as indicated in the drawing, (3) this seems like piecemeal development of a section of the city, as CATV is already on this site with one use and now a different specific use is being sought, and also they have stated that they were not sure what is going to be done in the future on this site, and he feels that we should be very sure about what is going to be done in the future and, (4) the CATV building and the proposed building have the same ownership and CATV is proposing a rate increase and he would hate to think that the rate increase would be used to finance this building. Mr. Amodeo responded that he did not see any relation between the CATV rate increase and his building. Mr. David Sheets was recognized and stated that traffic will. increase greatly if this store is put in on FM 423 as well as on Hetherington where he lives, and he ws very concerned about the danger to children playing. He also stated that there are already many accidents in this area even in locations where the traffic which is turning can be easily seen, and also that there are already many places to buy beer in this area. Mayor Pollard interjected at this point that competition is not the issue at this Public Hearing. Mr. Campbell was recognized and stated that all they are doing is constructing this building and leasing it, and the cable rates will have no factor built in concerning this building, he assured the Council. Mr. Campbell stated further that this was not even the original location intended for the cable facility but, due to the fact that it was decided The Colony cable office should be a separate operation from Frisco and the present location was the only one acceptable to the City management at that time for the tower, it was built on this site for these reasons and not because a package store was planned for the future. Mr. Campbell also felt that the requirement of a specific use permit does limit competition. At this point, Councilman North asked to have it clarified exactly what the purpose of the Public Hearing was. Mrs. Carroll stated that the purpose of the rezoning was to make the site Shopping Center subject to a Specific Use Permit rather than just Shopping Center, and the purpose of the Public Hearing was to accept comments for and against the issuance of this Specific Use Permit from the public as well as members of the City Council. Councilman North asked Mr. Campbell if their plans for this property had included a shopping center or the package store only. Mr. Campbell answered that when the property was purchased, it was with the understanding that it was zoned shopping center and that he would be able to use the land under this zoning. Mr. Campbell stated further that he had no other plans for the property at the present time but that if he were approached by someone concerning another use under the shopping center zoning, he might consider it at that time. Councilman Sample then questioned the stopping distances given and also stated that he felt this package store in this location would cause a hazard because of the possibility of intoxi- cated drivers. Councilman Poole then asked if he meant that people would be intoxicated before getting to the store. At this -6- point, Mr. Amodeo clarified that it is against the law to sell liquor to someone who is already intoxicated. Councilman Sample then stated that he was not saying they would be obviously intoxi- cated but that someone who has had a small amount to drink may have a slower reaction time. Mr. Carl Endres was recognized and sta- ted that it would be safer to have the liquor store in the shopping center rather than down the road. Mr. Paul Rose was opposed also to the liquor store in this location, as he drives FM 423 every day and it is already very bad. He felt that this store would make the traffic flow problems even worse. At this point, Mayor Pollard asked about the time frame for completion of this store, and Mr. Amodeo stated that it would take 60 to 90 days from the beginning of construction. Mayor Pollard also clarified at this time that traffic would only be able to enter this road from the northbound lane of FM 423, and traffic leaving would also have to turn to the north. No traffic would be allowed to cut across FM 423 to either enter or leave the facility. Mayor Pollard also pointed out that it would be 18 months to two years before the widening of FM 423 is completed and according to their present plans, this store would be put in much sooner than that. Nancy Willingham was recognized and stated that it was her understanding that there would be another sharp turn into a parking area after the turn in to the facility, and she was concerned with the safety of this. Mr. Lambert explained that there would be an extra right-hand lane provided around this entrance which would hold around three cars waiting to turn right. Nancy Willingham also stated that she has had problems recently with cars following too closely causing her a problem when she needed to turn right off of FM 423. Sandy Dawson was recognized and stated she felt that the fact that the traffic leaving this facility would all have to turn to the north would cause an excess amount of traffic on Hetherington Drive where she ].ives. Jan Rose inquired as to whether this property zoned for a shopping center goes all the way to Hetherington. Mayor Pollard answered that the property goes only as far as the flood plain area, which is Corps of Engineers land. Paul Rose asked if something could be built below the level of the flood plain, and Mayor Pollard explained that in this instance they were planning to fill the area to raise the level. Bill Metting stated that the area south of Hetherington over to the flood plain has already been platted for housing units. It was brought up by a member of the audience that this area is zoned for custom homes, and they wondered who would buy a custom home with a view of a liquor store. Jan Rose stated that she was still opposed to the liquor store but that she might not be opposed to another type of store when the widening of FM 423 has been completed. Carl Endres asked if there was anything in the future plans to prevent other stores going in along FM 423 and not in a shopping center develop- ment. He was told that if an area was not already zoned shopping center, the matter would have to come before the City Council. Councilman Parker asked Mr. Amodeo if he had explored the possibility of ]easing space in a shopping center instead of leasing the building on this site. Mr. Amodeo stated that in his experience, it is hard for a small businessman to make it in a shopping center due to the fact that rent is often raised before the business is able to generate enough profit to pay more for the space. Mr. Amodeo also made the point that this proposed store would be tastefully done and would include other items besides alcoholic beverages, such as party goods. Councilman North then asked Mr. Amodeo if he would consider leasing space in one of The Colony shopping centers if the Council had a problem with this location. Mr. Amodeo answered by stating again that he did not feel a small businessman could make it in a shopping center. Mr. Metting then stated that he would not have much of a problem with this store if it were in a nice flat area where you could see the traffic entering and leaving and that he was not opposed to Mr. Amodeo's store in particular but mainly with another turn off of FM 423. Mr. Jim Dawson asked if Mr. Amodeo was considering putting in this store even if FM 423 is not finished and also what happens after this meeting. Mayor Pollard stated that when -7- this Public Hearing is closed, the Council has several options, which are: (1) to draft an ordinance for the November 15th meeting to allow this specific use, (2) to take no action or (3) to refer the matter back to the Planning and Zoning Commission for a formal recommendation to the Council. He further clarified that no formal action could be taken by the Council tonight on this matter as the only thin9 listed on the agenda was the Public Hearing. Jan Rose asked if Mayor Pollard was sure that the pond on this site was not a part of the flood plain, and Mayor Pollard answered that it is his understanding that this area will be raised so that it definitely will not be a part of the flood plain. At this time, Councilman Poole moved to close the Public Hearing. Seconded by Councilman Dodds, the motion carried by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard then asked for a consensus of the Council on the disposition of this matter. Councilman Sample felt that no action was warranted. Councilman North felt that they needed an answer, and he said he would like to send it back to the Planning and Zoning Commission for a recommendation. Councilman Adeler, Council- man Parker and Councilman Dodds all agreed with Councilman North. Councilman Poole felt that the Council did need a chance to act on any changes which might be made by the Planning and Zoning Commission and asked about the time frame of this procedure. She was told that this could be considered by the Council at their November 15th meeting. Councilman North then moved to refer the consideration of this Specific Use Permit request in a shopping center zoning on property located at 5200 FM #423, as requested by Campbell Felton Properties, with Martin Amodeo Enterprises, Inc. acting as agent back to the Planning and Zoning Commission for a formal recommendation to the City Council. Secon- ded by Councilman Dodds, the motion carried by the following vote: Ayes: Councilmen North, Adeler, Parker, Dodds and Poole Noes: Councilman Sample Abstention: Mayor Pollard Councilman Dodds then requested that this be put on the November 15th Council agenda. At this time, Mayor Pollard called for a five-minute recess before moving to the next agenda item. 6. PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT REQUEST IN A SHOPPING CENTER ZONING ON A LAND TRACT LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF FM #423 AND NORTH COLONY BOULE- VARD, ON THE REQUEST OF THE SOUTHLAND CORPORATION Upon reconvening, Mayor Pollard called for a motion to open this Public Hearing. Councilman North moved to open the Public Hearing. Seconded by Councilman Dodds, the motion carried by the following vorte: Ayes: All members present voted aye Noes: None Mayor Pollard then recognized Mr. I. R. Bradburry who stated that the Council had asked for two things to be done by Fox & Jacobs and the Southland Corporation, namely a letter concerning the mutual drives and easements and that the site plan show the building 20 feet off North Colony Boulevard. Mr. Bradburry pre- sented the letter concerning the drives and easements to Mayor Pollard and stated that all of the requirements concerning parking had been met and that the pumps are situated far enough back to prevent accidents. Councilman North asked about the back of the Seven-ll which faces the intersection. Mr. Bradburry -8- stated that this area would be landscaped and that the area for trash would be screened. Mayor Pollard then asked for any further comments from the Council or from members of the audience. Carl Endres asked if this would be a 24-hour operation and was told that it would be. Councilman Parker asked if electronic games would be provided in the store, and he was told that this would be up to the merchandising people. Mr. Marc Drasin, representing the Southland Corporation, did clarify that no beer or wine consump- tion would be allowed on the premises. Councilman Dodds stated that he believed that 7-Eleven did have a policy against loitering. Councilman Parker then moved to close the Public Hearing. Seconded by Councilman Dodds, the motion carried by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard then directed staff to draft an ordinance to allow this Specific Use Permit. It was the consensus of the Council that this ordinance be drafted and placed on the November 15th Council agenda along with consideration of approving the site plan. 4. CONSIDERATION OF SETTING COUNCIL MEETING DATES THROUGH NOVEMBER, DECEMBER AND JANUARY Janice Carroll, City Secretary, recommended the following dates for the next three months: November 8th, 15th and 22nd December 6th and 13th January 3rd and 17th She stated that the extra November date would primarily be for the city manager interview process, if needed. Councilman Dodds moved to conduct City Council meetings on the above dates. Seconded by Councilman Sample, the motion carried by the following vote: Ayes: All members present voted aye Noes: None It was pointed out that special sessions could also be called on other dates if they were needed. It was also decided at this time that the Council would now begin their meetings at 7:00 p.m. rather than 7:30 p.m. starting with the November 8th meeting. Mayor Pollard then called for a five-minute recess before going into the closed door session. 9. CLOSED DOOR SESSION DEALING WITH PERSONNEL AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES A. CITY MANAGER B. MUNICIPAL COURT JUDGE C. BOARD OF ADJUSTMENT AND APPEALS Mayor Pollard announced that the Council would now meet in a closed door session. 10. CONSIDERATION OF APPOINTMENT TO THE BOARD OF ADJUSTMENT AND APPEALS Upon reconvening in open session, Councilman North moved to appoint Russ Stoffregen to fill this unexpired term previously held by Don Lusk, who resigned. Seconded by Councilman Dodds, the motion carried by the following vote: Ayes: Ail members present voted aye Noes: None -9- There being no further business to be conducted by the Council, Councilman Dodds moved to adjourn the meeting. Seconded by Council- man North, the motion carried by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned the meeting at 2:00 a.m. GE~ POLLARD, MAYOR ATTEST: ! G~,?E ~ROLL, CITY SECRETARY -10-