MINUTES OF THE DALLAS CITY COUNCIL WEDNESDAY, DECEMBER 18, 1996

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MINUTES OF THE DALLAS CITY COUNCIL WEDNESDAY, DECEMBER 18, 1996 96-3921 BRIEFING MEETING CITY COUNCIL CHAMBER, CITY HALL MAYOR RON KIRK, PRESIDING PRESENT: [15] Kirk, Wells, Mayes, Salazar, Luna, Stimson, Duncan, Hicks, Mallory Caraway, Lipscomb, Poss, Fielding, Walne, Blumer, McDaniel ABSENT: [0] The meeting was called to order at 9:18 a.m. The assistant city secretary announced that a quorum of the city council was present. The invocation was given by the Rev. Holsey Hickman, assistant director, Greater Dallas Community of Churches. The meeting agenda, which was posted in accordance with Chapter 551, "OPEN MEETINGS," of the Texas Government Code, was presented. After all business properly brought before the city council had been considered the city council adjourned at 4:17 p.m. ATTEST: Mayor Assistant City Secretary The meeting agenda is attached to the minutes of this meeting as EXHIBIT A. The actions taken on each matter considered by the city council are attached to the minutes of this meeting as EXHIBIT B. Ordinances, resolutions, reports and other records pertaining to matters considered by the city council, are filed with the city secretary as official public records and comprise EXHIBIT C to the minutes of this meeting.

MINUTES OF THE DALLAS CITY COUNCIL WEDNESDAY, DECEMBER 18, 1996 E X H I B I T A

MINUTES OF THE DALLAS CITY COUNCIL WEDNESDAY, DECEMBER 18, 1996 E X H I B I T B

BRIEFING MEETING OF THE DALLAS CITY COUNCIL December 18, 1996 96-3922 Agenda item (3): Special Presentations At the beginning of each briefing meeting of the city council a time is set aside for the mayor to recognize special individuals or groups, to read mayoral proclamations, to confer honorary citizenship, and to make special presentations.

BRIEFING MEETING OF THE DALLAS CITY COUNCIL December 18, 1996 96-3923 OPEN MICROPHONE In accordance with Subsection 6.3 of the City Council Rules of Procedure, the city council provided an opportunity for the following individuals to present concerns or address issues during an "open microphone" period. OPEN MICROPHONE - BEGINNING OF MEETING: SPEAKER: SUBJECT: SPEAKER: SUBJECT: SPEAKER: SUBJECT: Joe Burkleo, 545 Lacewood Dr. Fear Theodus Barnes, 9803 Walnut St. Housing Authority contracts Charles Tynan, 11210 Zodiac Ln. WRR Radio OPEN MICROPHONE - END OF MEETING: SPEAKER: SUBJECT: SPEAKER: SUBJECT: SPEAKER: SUBJECT: SPEAKER: SUBJECT: William Hopkins, 2011 Leath St. Attorney General issues Jewel Floyd, 3815 Myrtle St. Claim against the City G.O. Lagbara, 2735 Meadow Dawn Ln. Integrity Joe Holmes, 437 Ridgewood Dr., DeSoto Employee Retirement Fund

BRIEFING MEETING OF THE DALLAS CITY COUNCIL December 18, 1996 96-3924 Agenda item (5): Public Hearing - Zoning Case Z956-194/2068-NC(KC) A public hearing was called on zoning case Z956-194/2068-NC(KC), an application for and an ordinance granting a Planned Development District for Mixed Uses on property presently zoned an R-7.5(A)Single Family District at the southwest corner of North Central Expressway and Northwest Highway. (The city plan commission recommended approval, subject to a conceptual plan and conditions. This application was considered by the City Council on December 11, 1996, and was taken under advisement until December 18, 1996, with the public hearing open.) Appearing in opposition to the recommendation of the city plan commission: -- Ellen Beadling, 7538 Marquette St. -- Bev Ficke, 7601 S. Western Blvd. -- Bill O'Connor, 7408 Centenary Ave. -- Tim McCarthy, 7541 Centenary Ave. -- Tim O'Connor, 7438 Villanova St. -- Kendall Laughlin, 7502 Villanova St. Appearing in favor of the recommendation of the city plan commission: -- Kirk Williams, 5400 Renaissance Tower, representing the applicant, Lincoln Properties, Inc. -- P.J. Wolf, 8202 Boedeker, representing Highland Baptist Church -- Sid Reagan, 10 Duncannon Ct. -- George McAttee, 7466 Greenbrier Dr. -- Michael Jung, 4300 Nations Bank Plaza, representing the Coalition of North Park Homeowners Association

BRIEFING MEETING OF THE DALLAS CITY COUNCIL December 18, 1996 96-3924 Page 2 Councilmember Blumer moved to close the public hearing, modify the recommendation of the city plan commission, and approve the application with the following amendments: -- Remove the maximum number of stories in Tract I, the Multifamily Tract; -- Remove the requirement that a parking garage structure match the design of other structures; -- Allow a clock tower with a premise identification sign on Tract II as delineated on the Conceptual Plan; -- Prohibit MF-1(A) District prohibited accessory uses in Tract I; -- Allow a maximum of 650,000 square feet of floor area prior to the completion of the North Central Expressway improvements if a minimum of 50,000 square feet of the 650,000 square feet is either retirement housing, nursing home or assisted living uses; -- Remove the requirement that the open space must have a minimum size of 20,000 square feet and change the required amount of open space from 20% of the floor area within a tract to 20% of the land area within a tract; and -- Direct staff to insure that the connection between Boedeker Street and the Caruth Haven Extension is consistent with the design negotiated between the North Park Coalition and the applicant, and pass the ordinance with those changes. Motion seconded by Councilmember Duncan. During discussion, and at the request of Councilmember Luna, Mayor Kirk called a recess of the meeting in order that the city council could meet in executive session under Section 551.071 of the Texas Government Code (Open Meetings Act) to confer with the city attorney. Following the executive session the city council reconvened in open session. Councilmember Luna moved to amend Councilmember Blumer's motion to add the following amendments to the amendments suggested by Councilmember Blumer: -- The maximum number of dwelling units permitted on Tract I is 20 units per acre with no standard affordable housing dwelling unit component; 22 units per acres with a 5% SAH component; and 24 units per acre with a 10% SAH component, with the understanding that SAH units must be provided in accordance with Division 51A-4.900 of the Dallas Development Code, which provides that the SAH units may be located either on the lot receiving the density bonus or within three miles of that lot and that the property owner may satisfy the SAH unit obligation by alternative ways listed in Section 51A-4.910, which include an in-lieu payment. Motion seconded by Councilmember McDaniel.

BRIEFING MEETING OF THE DALLAS CITY COUNCIL December 18, 1996 96-3924 Page 3 During debate on Councilmember Luna's motion, Councilmember Fielding moved the previous question. Motion seconded by Councilmember Duncan. Mayor Kirk called the vote on Councilmember's Fielding motion to end debate and proceed to an immediate vote on the pending question, Councilmember Luna's amendment. to Councilmember Blumer's motion. Voting Yes: [10] Wells, Mayes, Salazar, Duncan, Hicks, Mallory Caraway, Poss, Walne, Fielding, Blumer Voting No: [5] Kirk, Luna, Stimson, Lipscomb, McDaniel Mayor Kirk declared the previous question was ordered as two-thirds of the city council members present had voted in the affirmative. Mayor Kirk then called the vote on Councilmember Luna's amendment. Voting Yes: [4] Mayes, Luna, Stimson, McDaniel Voting No: [11] Kirk, Wells, Salazar, Duncan, Hicks, Mallory Caraway, Lipscomb, Poss, Walne, Fielding, Blumer Mayor Kirk declared the amendment lost. After further discussion Mayor Kirk called the vote on Councilmember Blumer's original motion: Voting Yes: [14] Kirk, Wells, Mayes, Salazar, Stimson, Duncan, Hicks, Mallory Caraway, Lipscomb, Poss, Walne, Fielding, Blumer, McDaniel Voting No: [1] Luna Mayor Kirk declared the motion adopted. Assigned ORDINANCE NO. 22978.

BRIEFING MEETING OF THE DALLAS CITY COUNCIL December 18, 1996 96-3925 Agenda item (6): Briefings A. Dallas Plan Progress Report on '96 and Agenda for 1997-98 Robert Hoffman, co-chairman of the Dallas Plan Board, and Karen Walz, executive director of the Dallas Plan briefed the city council on the item.

BRIEFING MEETING OF THE DALLAS CITY COUNCIL December 18, 1996 96-3926 Agenda item (6): Briefings B. WRR Review of Appraisal/Options The city manager briefed the city council on the item.

BRIEFING MEETING OF THE DALLAS CITY COUNCIL December 18, 1996 96-3927 EXECUTIVE SESSION Attorney Briefings (Sec. 551.071 T.O.M.A.) -- Debra Walker, et al. v. HUD, et al. -- James Jennings, et al. v. City of Dallas, Cause No. 95-11931-B -- Legal Issues Regarding the Performance of and Possible Removal of the Council - Appointed Board Members (Trustees) of the Employees' Retirement Fund -- Downtown Sports Development Project - Alternative Site Acquisition Negotiations, and Negotiations between the City and Dallas Basketball, Limited -- Status of Dallas Stars and Dallas Mavericks Long Term Reunion Arena Lease Agreements Deliberation Regarding Real Property (Sec. 551.072 T.O.M.A.) -- Downtown Sports Development Project - Alternative Site Acquisition Negotiations, and Negotiations between the City and Dallas Basketball, Limited Personnel (Sec. 551.074 T.O.M.A.) -- Discussion Regarding the Performance of and Possible Removal of the Council - Appointed Board Members (Trustees) of the Employees' Retirement Fund An executive session was held as authorized by Chapter 551, "OPEN MEETINGS", of the Texas Government Code (Texas Open Meetings Act) to discuss the following matters: Attorney Briefings (Sec. 551.071 T.O.M.A.) -- Debra Walker, et al. v. HUD, et al. -- James Jennings, et al. v. City of Dallas, Cause No. 95-11931-B -- Legal Issues Regarding the Performance of and Possible Removal of the Council - Appointed Board Members (Trustees) of the Employees' Retirement Fund Personnel (Sec. 551.074 T.O.M.A.) -- Discussion Regarding the Performance of and Possible Removal of the Council - Appointed Board Members (Trustees) of the Employees' Retirement Fund No other matters were discussed during the executive session.

BRIEFING MEETING OF THE DALLAS CITY COUNCIL December 18, 1996 96-3928 Agenda item (6): Briefings C. Nonconforming Alcoholic Beverage Establishment & Dance Hall Uses The city manager briefed the city council on the item.

MINUTES OF THE DALLAS CITY COUNCIL WEDNESDAY, DECEMBER 18, 1996 E X H I B I T C