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1989-11-06 CC Minutes1 CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING NOVEMBER 6, 1989 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Jeff Binford Bob Phelps Calla Davis Bill Moses Ron Pyle The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Police Chief Fire Chief Director of Community Services City Engineer Director of Parks & Recreation Director of Public Works Director of Finance Public Information Officer City Management Assistant Recording Secretary Richard L. Escalante Steve Carpenter John Burke Toby Bartholow Ruth Ann Parish Roger Robbins Jack Dyer Tom Scales Jerry Murawski Jeff Fuller Mark Pavageaux Doug Vanderslice Donna Huerta Dave Reedy Brenda Anderson Mayor Blair called the City Council Meeting of November 6, 1989 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION Councilman Moses gave the invocation and led the pledge of allegiance to the flag. MAYOR BLAIR ANNOUNCED HIS DAUGHTER, BETSY, HAD GIVEN BIRTH TODAY TO HIS NEW GRANDDAUGHTER, KATIE, AND ALL ARE DOING FINE. A.7 PRESENTATION OF LOCAL ASSISTANCE PROGRAM GRANT FROM THE DALLAS AREA RAPID TRANSIT SYSTEM. Mayor Blair stated Agenda Item A.7 would be taken out of sequence due to Berry Grubbs' need for early departure of the Council Meeting. Vol. 57, Page 42 Mayor Blair recognized Berry Grubbs, DART representative, who presented a check to the City of Farmers Branch for $256,669.52 for the Local Assistance Program (LAP) Grant. Mayor Blair presented the following information. The Dallas Area Rapid Transit System (DART) has created a program whereby a portion of the DART sales taxes collected from a member city can be made available to that city for local mobility improvements consistent with transit. From its allocation through September 30, 1989, the City of Farmers Branch has identified four projects to be funded by this Local Assistance Program (LAP) from DART. • Traffic signals at Valwood Parkway and Denton Drive coordinated with the signals at IH35E. • Traffic signals at Valwood Parkway and Diplomat Drive also coordinated with the signals at IH35E. • Traffic signals at Spring Valley Road and Proton Road coordinated with the signals at Midway Road. • Traffic signals at Valley View Lane and Tom Field Road coordinated with the signals at Josey Lane. Mayor Blair thanked Mr. Grubbs for the check. A.2 PROCLAIM SATURDAY, NOVEMBER 11, AS "TEXAS VIETNAM MEMORIAL DAY" IN FARMERS BRANCH AND RECOGNIZE ALL VETERANS OF WAR. Mayor Blair presented the following information and read the proclamation that had been prepared. November 11, 1989, is National Veteran's Day and the City of Farmers Branch honors those men and women who have served their country in times of war. Mayor Blair recognized the veterans attending the Council Meeting. Mayor Blair stated the Vietnam Memorial is to be dedicated on Saturday, November 11, at 10:30 a.m. at Fair Park in Dallas. Mayor Blair proclaimed November 11, 1989 as "Texas Vietnam Memorial Day" in Farmers Branch. A.3 CONSIDER PROCLAIMING NOVEMBER 11 -18, 1989, AS "WEEK FOR HUNGER" IN THE CITY AND REQUEST THE CITIZENS TO HELP IN THE COLLECTION OF FOOD AND OTHER STAPLE GOODS FOR THE NEEDY. Mayor Blair presented the proclamation. The Metrocr area food bank. The local need of help. The Mayors support the program of the following information and read the est Sharing Center is the metrocrest food bank supplies are low and in of the four metrocrest area cities Metrocrest Service Center and praise Vol. 57, Page 43 the Sharing Center for the collection and distribution of food to the needy. Mayor Blair proclaimed November 11 -18, 1989, as "Week Of Hunger" and encouraged employees and citizens to support the campaign by contributing needed food items. Mayor Blair requested the proclamation be posted in all City buildings. A.4 CITY COUNCIL TO RECOGNIZE THE FARMERS BRANCH LIONS CLUB AS A RECIPIENT OF THE NATIONAL RECREATION AND PARKS ASSOCIATION'S NATIONAL VOLUNTARY SERVICE AWARD. Mayor Blair presented the following information. The Farmers Branch Lions Club was awarded the National Recreation and Parks Association's National Voluntary Service Award. The award was presented to Mr. Al Wagner, Past President of the Lions Club on October 20, 1989 during the opening of the 1989 National Congress for Recreation and Parks. The Lions Club was nominated for their efforts in making Oran Good All Children's Playground a reality. The Lions Club is one of three entities in the United States to receive such a prestigious award in 1989. Mayor Blair recognized Al Wagner, Past President of the Farmers Branch Lions Club, and Mark Hawkins, President of the Farmers Branch Lions Club, and congratulated them on the continuing efforts of the Lions Club to improve the Oran Good All Children's Playground. He congratulated the Lions Club on being one of three in the United States to receive such an honor for the Lions Club and the City of Farmers Branch. A.5 CONSIDER ACCEPTANCE OF DONATION OF TWO RED -LEAF PHILODENDRON PLANTS FROM VERNON SMITH. Mayor Blair presented the following information for consideration. Vernon Smith, 2715 Bay Meadows Circle, wishes to donate two Red -leaf Philodendron plants for the new City Hall. These are specimen quality plants, 5 -6' height with a 5 -6' width. The approximate value of the plants is $300.00 each. The Parks and Recreation Department recommends acceptance of donation of two Red -leaf Philodendron plants from Vernon Smith. A motion by Councilmember Davis, a second by Mayor Pro Tem Binford, all voting "aye ", accepted the donation of two Red -leaf Philodendron plants from Vernon Smith with the appropriate thank you letter to be sent. A.6 CONSIDER ACCEPTING DONATION FROM SAVINGS OF AMERICA OF $600 TO BE USED TO TAKE SENIOR CITIZENS TO CHRISTMAS IN THE PARK AT SIX FLAGS OVER TEXAS. Vol. 57, Page 44 Mayor Blair consideration. funds to take volunteers, and Flags over Texa December 18. presented the following information for Savings of America would like to provide the 45 Senior Citizens, 3 Savings of America 1 staff member to Christmas in the Park at Six 3. The trip would be 5:00 p.m. to 9:30 p.m. on The funds provided by Savings of America will cover the cost of transportation, admission fee to the park, parking fee, and snacks for the bus ride. Martie Deal of Savings of America is present to make this donation. The Parks and Recreation Department recommends accepting the donation from Savings of America of $600. Mayor Blair recognized Martie Deal of Savings of America who stated they take great pleasure in helping the senior citizens of our community. A motion by Councilman Phelps, a second by Councilmember Davis, all voting "aye ", accepted the donation from Savings of America of $600 to be used to take Senior Citizens to Christmas in the Park at Six Flags over Texas. A.7 This item was presented at first of agenda. A.8 PRESENTATION OF SERVICE AWARDS Mayor Blair presented a 25 year employee service award to Roger Robbins, Chief of the Police Department. Councilmember Davis presented Chief Robbins with a plaque from Police Constable Gordon Hardy of the Bassetlaw District in England. Mayor Blair presented a 15 year employee service award to John Creel of the Police Department. Mayor Blair presented a 10 year employee service award to Bill Strickland of the Building Maintenance Division of the Parks Department. Mayor Blair presented a 5 year employee service award to Terry Barthold of the Fire Department. Mayor Blair presented a 5 year employee service award to Linda Wright of the Library. A.9 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Vol. 57, Page 45 B.1 - B.4 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Blair explained that under the title items that are to be considered and actii need discussion individually. Any member or the audience may request to withdraw consent items and place the item before discussion. The concept for the consent in order to speed up discussion for those time for discussion. of consent items are Dn taken that may not of the City Council any item from the the Council for full items is established items that need more A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye ", approved the addition of C.6 and C.7 to the Consent Agenda. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye ", approved the Consent Agenda. B.1 APPROVED MINUTES OF COUNCIL MEETING OF OCTOBER 23, 1989. B.2 AUTHORIZED THE ADVERTISEMENT- FOR BIDS FOR ONE APPLE MACINTOSH COMPUTER AND ONE LASERWRITER NT PRINTER FOR THE FIRE DEPARTMENT TO STORE HAZARDOUS MATERIALS DATA INFORMATION. B.3 ADOPTED RESOLUTION NO. 89 -159 AUTHORIZING THE CITY POLICE DEPARTMENT TO OPERATE POLICE VEHICLES WITHOUT CITY MARKINGS AS APPROVED BY THE POLICE CHIEF. B.4 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1847 PLACING A STOP SIGN AT NORTHBOUND "ROAD B" IN THE FARMERS BRANCH OFFICE PARK AT ITS "T INTERSECTION" WITH MCEWEN DRIVE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING ORDINANCE NO. 1382; SPECIFYING THE PLACEMENT OF A STOP SIGN ON NORTHBOUND "ROAD B" OF FARMERS BRANCH OFFICE PARK AT ITS "T INTERSECTION" WITH MCEWEN DRIVE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY;. PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. C.6 ADOPTED RESOLUTION NO. 89 -162 APPROVING REQUEST OF TEAM BANK FOR SITE PLAN APPROVAL FOR AN EXPANSION OF A BANKING FACILITY WITHIN THE PLANNED DEV LOPMENT NO. 25 ZONING DISTRICT AND LOCATED AT 2301 VALLEY VIEW LANE. C.7 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1851 CHANGING THE NAME OF THE FARMERS BRANCH HOSPITAL AUTHORITY TO THE METROCREST HOSPITAL AUTHORITY. Vol. 57, Page 46 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1087, SECTION 1, TO CHANGE THE NAME OF FARMERS BRANCH HOSPITAL AUTHORITY TO METROCREST HOSPITAL AUTHORITY. C.1 CITY MANAGER REPORTS City Manager Richard Escalante gave an informative report of the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER REQUEST OF MRS. DAVID GOLDSTEIN TO AMEND THE PLANNED DEVELOPMENT NO. 34 (PD -34) ZONING DISTRICT BY EXPANDING THE SCOPE OF PRESENTLY PERMITTED USES TO INCLUDE ADDITIONAL RETAIL USES AND TAKE APPROPRIATE ACTION. Councilman Phelps excused himself from the Council Chambers due to a conflict of interest on this item. The appropriate document was filed with the City Secretary. Mayor Blair presented the following information for consideration. The PD -34 Zoning District is bounded by Valley View Lane, Denton Road, Havenhurst Street and residential lots which front the west side of Nestle Street. PD -34 allows a variety of uses including commercial, multi - family and local retail uses. The applicant is asking that additional service and retail uses be permitted in order to enhance the marketability of property owned within the PD -34 District. A special study of the "Old Farmers Branch Area" (which includes PD -34) will be getting underway in early 1990. The study will be examining land use, regulatory and economic issues that may impact retail activity in this area. The Planning and Zoning Commission, by unanimous vote, recommends PD -34 be amended as requested by the applicant with the following modifications: 1. "Community center (private) ", "second hand store and used furniture or rummage sale" are not to be added to the list of permitted uses. 2. The sale, repair or modification of firearms and any other retail type activities associated with firearms are to continue to be permitted only with SUP approval. 3. Retail uses as regulated in the Local Retail District 2 (LR -2) should be permitted. Vol. 57, Page 47 Mayor Blair opened the Public Hearing and recognized Marcie Overstreet, representing the real estate company for the property, who respectfully requested approval. Mayor Blair recognized Lorraine Henderson, 2435 Havenhurst, who favored approval. Mrs. Henderson also requested the City to work on the parking problem and the flooding of the area around Bee Street and Fruitland. A motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye ", closed the Public Hearing. Mayor Pro Tem Binford asked Staff's opinion concerning the effect this would have on the "Old Farmers Branch Area" study. Mayor Blair recognized Tom Scales, Director of Community Services, who stated he did not feel this action would limit the effectiveness of the "Old Farmers Branch Area" study. A motion by Councilmember Davis, a second by Councilman Pyle, all voting "aye ", adopted the following captioned Ordinance No. 1848 amending the Planned Development No. 34 zoning as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS BY AMENDING ORDINANCE NO. 1391 AS HERETOFORE AMENDED; RELATIVE TO PERMITTED USES WITHIN THE PLANNED DEVELOPMENT NO. 34 (PD -34) ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Phelps returned to the Council Chamber. MAYOR BLAIR STATED THAT AGENDA ITEMS C.3, C.4 AND C.5 WOULD BE TAKEN TOGETHER FOR DISCUSSION PURPOSES, BUT VOTED ON SEPARATELY SINCE THEY ARE THE SAME ISSUE. C.3 CONSIDER REQUEST OF CARLOS MONTERO FOR SITE PLAN APPROVAL FOR A RETAIL CENTER INCLUDING RESTAURANTS AND A GASOLINE SERVICE STATION LOCATED AT THE SOUTHWEST CORNER OF BELTLINE ROAD AND MARSH LANE AND WITHIN THE PLANNED DEVELOPMENT NO. 23 (PD -23) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Mr. Carlos Montero intends to purchase the 5.56 acre site at the southwest corner of Beltline Road and Marsh Lane. The property is zoned Planned Development Number 23, A revised site plan has been submitted which proposes a gasoline service station (Parcel 2) and a fast food restaurant (Parcel Vol. 57, Page 48 3) along Beltline Road just west of Marsh Lane with retail uses proposed for the balance of the site (Parcel 1). Only the development of the service station and the restaurant is planned at this time. Specific Use Permits are required for the service station (Parcel 2) and the restaurant (Parcel 3). The Planning and Zoning Commission, by unanimous vote, recommends the site plan be approved with the condition that the fire hydrant required for Parcel #1 be relocated within 3 to 6 feet of the required fire lane. C.4 PUBLIC HEARING: CONSIDER REQUEST OF CARLOS MONTERO FOR APPROVAL OF A SPECIFIC USE PERMIT FOR A NON DRIVE -IN RESTAURANT WITH OUTSIDE SALES WINDOW LOCATED APPROXIMATELY 190 FEET WEST OF THE SOUTHWEST CORNER OF BELTLINE ROAD AND MARSH LANE AND WITHIN THE PLANNED DEVELOPMENT NO. 23 (PD -23) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The proposed restaurant site is approximately seven tenths (.7) of an acre in area, undeveloped and located within the Planned Development number 23 zoning district which allows light industrial uses. The proposed restaurant will be a Burger King franchise with seating for 106 customers and a drive -thru window. The proposed development is consistent recommendations of the Comprehensive Plan with the community design objectives. The Planning and Zoning Commission, recommends the specific use permit restaurant with outside sales window be a: with the land use and poses no conflict by unanimous vote, for a non - drive -in pproved as submitted. C.5 PUBLIC HEARING: CONSIDER REQUEST OF CARLOS MONTERO FOR APPROVAL OF A SPECIFIC USE PERMIT FOR A GASOLINE SERVICE STATION AT THE SOUTHWEST CORNER OF BELTLINE ROAD AND MARSH LANE AND WITHIN THE PLANNED DEVELOPMENT NO. 23 (PD -23) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The proposed gasoline service station site is approximately an acre in size, vacant and is within the PD -23 zoning district which allows light industrial uses. The station's operation includes dispensing gasoline, sell of convenience store items, snack food items, refrigeration area, office and restroom areas. An automatic car wash is proposed to be located to the west of the station. The proposed development is consistent with the land use recom- Vol. 57, Page 49 mendations of the Comprehensive Plan and poses no conflict with the plan's community design objectives. Note: At the time the subject property is to be platted, five (5) feet of right -of -way for a right turn lane from east bound Belt line Road to south bound Marsh Lane will be requested. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit for a gasoline service station be approved as submitted. Mayor Blair stated that discussion would now be held on C.3, C.4 and C.5. Mayor Blair recognized Kirk Williams, representing Carlos Montero, who stated he was available for any questions of the Council. Mr. Williams said he was in agreement with the condition recommended by the Planning and Zoning Commission to relocate the fire hydrant. He also was willing to dedicate the five feet of right -of -way for a right turn lane from eastbound Beltline Road to southbound Marsh Lane which would be needed when the subject property is platted. c, C.3 COUNCIL ACTION. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye ", adopted Resolution No. 89 -161 approving the site plan for a retail center as recommended by the Planning and Zoning Commission. C.4 COUNCIL ACTION. Mayor Blair opened the Public Hearing and recognized Kirk Williams. Mr. Williams stated Mr. Montero and himself were available for any questions of Council. Mayor Blair recognized Lorene Henderson, 2435 Havenhurst, who favored approval of the request. There being no one else wishing to speak, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye ", closed the Public Hearing. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye ", adopted the following captioned Ordinance No. 1849 approving a specific use permit for a non drive -in restaurant with outside sales window. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A NON DRIVE -IN RESTAURANT WITH OUTSIDE SALES WINDOW ON A 0.689 ACRE PARCEL OF LAND BEING A PART OF LOTS 1, 2 AND 3, BLOCK 7A OF REPLAT PART BLOCK 7 PHASE II BROOKHAVEN Vol. 57, Page 50 BUSINESS PARK ADDITION AND WITHIN THE PLANNED DEVELOPMENT NO. 23 (PD -23) ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.5 COUNCIL ACTION. Mayor Blair opened the Public Hearing and recognized Kirk Williams. Mr. Williams stated Mr. Montero and himself were available for any questions of Council. There being no one else wishing to speak, a motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye ", closed the Public Hearing. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye ", adopted the following captioned Ordinance No. 1850 approving a specific use permit for a gasoline service station as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A GASOLINE SERVICE STATION ON A 0.918 ACRE PARCEL OF LAND BEING IN PART OF LOTS 1, 2 AND 3, BLOCK 7A OF REPLAT PART BLOCK 7 PHASE II BROOKHAVEN BUSINESS PARK ADDITION AND WITHIN THE PLANNED DEVELOPMENT NO. 23 (PD -23) ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.6 Consent Item C.7 Consent Item C.8 CONSIDER REQUEST BY BROOKHAVEN COUNTRY CLUB TO DISCUSS CONSTRUCTION OF NEW SIDEWALKS IN THE 3200 BLOCK OF PEBBLE BEACH. This item has been placed on the agenda at the request of Bill Francis, Club Manager of Brookhaven Country Club. Mayor Blair recognized Quinton Johnson, 14421 Southern Pines Court, representing Brookhaven Country Club. Mr. Johnson requested the City not construct sidewalks in the 3200 block of Pebble Beach. He stated there were various reasons such as they are not needed and of safety responsibilities because of Vol. 57, Page 51 flying golf balls. Mr. Johnson stated that school children often use the golf course instead of sidewalks. Also there was a verbal agreement between the City of Farmers Branch, Brookhaven Country Club and the developer 25 years ago to not put sidewalks where the greenbelt of the Club met the public street and right -of -way. He stated this was true all over the addition and requested the Council to delete the sidewalks that were planned for the 3200 block of Pebble Beach. Mayor Blair recognized Harold Harnish, 14334 Southern Pines, who was concerned as to how sidewalk repairs were handled and requested the City consider spending money to improve existing sidewalks as the ones in his area are frequently under water resulting from an underground utility box being removed. Mr. Harnish asked if the reconstruction project included a drain around the southeast corner of Southern Pines as drainage is a problem there. Mayor Blair explained the Council has adopted the policy that whenever old pavement is removed and replaced with new, the sidewalks will be replaced also. Construction techniques of sidewalks have been reviewed to establish a better quality sidewalk to be installed. Mayor Blair stated the sidewalks are the responsibility of the homeowner unless problems have resulted due to City's fault or utility company's fault. Then they are responsible for repairs. Mayor Blair recognized City Engineer Jerry Murawski to address the issue of drainage. Mr. Murawski stated he would get together with Mr. Harnish to review the drainage plans for the southeast corner in question. Mr. Murawski stated he would also review the depressed sidewalks in the area. Mr. Murawski further stated the reconstruction of Pebble Beach Drive from Webb Chapel Road to east of Southern Pines Drive will have all old sidewalks replaced with new. Mr. Murawski explained a Public Hearing was held with the residents to explain the project. The residents attending asked the question would the sidewalks be replaced with new ones as well as adding sidewalks by the golf course. The staff answered yes and the residents were pleased. Mr. Murawski stated this is the City's policy to install sidewalks on all reconstruction projects unless otherwise directed by Council. One alternative given to Brookhaven Country Club was to install the sidewalk by the curb and with a five foot drainage instead of four. The contract has been let and this would not change the unit cost. Mr. Johnson stated the Brookhaven Country Club wanted to encourage the greenbelt to stay green by the deletion of the sidewalks. Vol. 57, Page 52 1 J Mayor Pro Tem Binford made a motion to postpone this issue to solicit input from area residents along Pebble Beach down to the next intersection. Discussion was held concerning the need to gain citizen's input on the sidewalks since it was covered in the public meeting and how many people would be impacted by the sidewalks directly or indirectly. After some discussion, the motion died for lack of a second. A motion by Councilman Pyle, a second by Councilmember Davis, all voting "aye ", approved to maintain continuity of prior practice of requiring sidewalks along new construction and if to the advantage of Brookhaven Country Club, the sidewalks will be installed next to the curb. C.9 CONSIDER REQUEST OF PRESENTATION BY THE TEEX FACILITY OF THE TEXAS A &M SYSTEM RELATING TO INDUSTRIAL TRAINING FACILITIES. This item has been placed on the agenda at the request of Doug Symmank, 3110 Pebble Beach Drive, Farmers Branch, Texas. Mayor Blair recognized Doug Symmank. Mr. Symmank introduced Peggy Sham, 329 Brooks, Coppell, who gave a slide presentation and discussion of the benefits of the new relocated facility, North Texas Regional Training Center, proposed for Coppell. Ms. Sham requested the City to consider any economic development funds to help with this. Mayor Blair thanked Mr. Symmank and Ms. Sham for the presentation and explained the budget had already been adopted. D.1 CONSIDER CASTING A VOTE FOR A REPRESENTATIVE TO SERVE ON THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Dallas Central Appraisal District has submitted a resolution requesting the City Council to officially cast a vote for a representative to serve on the Board of Directors. Mayor Blair stated Thomas.Landrum had been nominated at a previous Council meeting. A motion by Councilmember Davis, a second by Councilman Moses, all voting "aye ", approved to cast a vote for Thomas Landrum as a representative for the Board of Directors of the Dallas Central Appraisal District. D.2 CONSIDER RESOLUTION NO. 89 -160 ENDORSING PARTICIPATION BY THE CITY IN THE REGIONALIZATION OF THE CRIME STOPPERS PROGRAM AND APPOINTING TWO MEMBERS TO THE ORGANIZATION AND TAKE APPROPRIATE ACTION. Vol. 57, Page 53 Mayor Blair presented the following information for consideration. By endorsing participation in the regionalization of the Crime Stoppers program, a community will be eligible for privileges and benefits afforded members of the Greater Dallas Crime Commission. Participation requires a minimum of one private citizen to serve on the Crime Stoppers Reward Committee and one private citizen to serve on the Crime Stoppers Regional Board. Neighborhood Crime Watch Coordinator Steve Devers has submitted names of two volunteers. Nancy Williams has offered to serve on the Regional Board, and Ruth Lee has volunteered to serve on the Reward Committee. The Police Chief and the Neighborhood Crime Watch Coordinator recommend Resolution No. 89 -160 be adopted endorsing the participation of the City in the Regionalization of the Crime Stoppers program and appointing two members to the organization. A motion by Councilmember Davis, a second by Councilman Binford, all voting "aye ", adopted Resolution No. 89 -160 endorsing participation by the City in the Regionalization of the Crime Stoppers program and approving to appoint two members to the organization. A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye ", appointed Nancy Williams to serve on the Regional Board and Ruth Lee to serve on the Reward Committee. Ms. Nancy Williams and Ruth Lee were in attendance and were agreeable to serve on the committees. D.3 CONSIDER ADOPTING RESOLUTION NO. 89 -158 AWARDING THE BID FOR CLEANING AND SEALING OF JOINTS AND CRACKS IN VARIOUS STREETS FOR THE PUBLIC WORKS DEPARTMENT. Mayor Blair presented the following information for consideration. The Public Works Department has developed a joint and crack sealing program for fiscal year 1989/1990. Approximately 25 lane miles of pavement are targeted for sealing in this program. Five bids were received on October 26, 1989; three of these bids qualified for consideration. Two of the bids did not qualify due to the fact that the bidders failed to submit complete proposals. The bid request called for the submission of both a base and an alternate bid, one of which was omitted from each of the two proposals. Vol. 57, Page 54 The lowest qualified bid received was from Primate Construction, Incorporated in the amount of $95,657.52. Funds in the amount of $90,000 are included in the 1989/1990 Street Maintenance budget to finance this program. The additional $5,657.52 required is available in the 1989/1990 contingency fund. The Director of Public Works recommends adopting Resolution No. 89 -158 awarding the bid to Primate Construction, Incorporated in the amount of $95,657.52. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye ", adopted Resolution No. 89 -158 awarding the bid for cleaning and sealing of joints and cracks in various streets to Primate Construction, Incorporated in the amount of $95,657.52. D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. This item is placed on the agenda for Council discussion and consideration. Mayor Blair, Councilmember Davis, and City Manager Richard Escalante gave favorable reports on their trip to the Texas Municipal League Conference held in San Antonio. Mayor Blair requested authorization to travel to Toronto, on the way to the Bond Hearings in New York, to promote economic development ventures with the City of Markham per their request. A motion by Councilman Pyle, a second by Councilmember Davis, all voting "aye ", approved for the Mayor to travel to Toronto, on the way to New York for the Bond Hearings, to promote economic development ventures with the City of Markham. D.5 CITIZEN PARTICIPATION. There was no one wishing to speak. MAYOR BLAIR ANNOUNCES THAT THE ITEMS ON THE AGENDA OR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252 -17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONAL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 EXECUTIVE SESSION. a. DISCUSS PERSONNEL MATTERS - ARTICLE 6252 -17, SEC. 2(g) Vol. 57, Page 55 1. DISCUSS APPOINTMENTS TO THE PARK AND RECREATION BOARD. A discussion was held relating to the appointments to the Park and Recreation Board. b. DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252 -17 SEC. 2(e) 1. DISCUSS THE WATER RATE CASE. A discussion was held relating to the Water Rate Case between the City of Farmers Branch and the City of Dallas. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Pyle, a second by Councilman Phelps, all voting "aye ", reappointed Bill Boudreau, Place 3, and Josh Lewis, Place 5, to serve on the Park and Recreation Board. The terms to expire October 1, 1991. E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that no action was needed on this item. The City Manager provided the Council with an up to date report relating to the Water Rate Case between the City of Farmers Branch and the City of Dallas. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye ", adjourned the City Council meeting of November 6, 1989 at 9:59 p.m.. Q�� CAIL, 1, Mayor Dave Blair City Secretary Vol. 57, Page 56 MINUTES AND CERTIFICATION PERTAINING TO PASSAGE AND ADOPTION OF AN ORDINANCE CANVASSING RETURNS AND DECLARING RESULTS OF AN ELECTION FOR THE CITY OF FARMERS BRANCH, TEXAS THE STATE OF TEXAS )( COUNTY OF DALLAS )( CITY OF FARMERS BRANCH )( On this the 13th day of November, 1989, the City Council of the City of Farmers Branch, Texas, convened in a Special Session at the Farmers Branch Manske Library, the meeting being open to the public and notice of said meeting, giving the date, place and subject thereof, having been posted as prescribed by Article 6252 -17, Section 3A, V.T.C.S., and the roll was called of the duly constituted officers and members of said City Council, to -wit: Dave Blair, Mayor Jeff Binford, Mayor Pro Tem Councilmembers: Bob Phelps Calla Davis Bill Moses Ron Pyle Richard L. Escalante, City Manager Ruth Ann Parish, City Secretary and all of said persons were present thus constituting a quorum. The Mayor presented for the consideration of the City Council an ordinance bearing the following caption, to -wit: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, CANVASSING RETURNS AND DECLARING THE RESULT OF AN ELECTION HELD IN SAID CITY ON THE 7TH DAY OF NOVEMBER, 1989, RELATIVE TO CONTINUING IN THE DALLAS AREA RAPID TRANSIT SYSTEM IN THE CITY OF FARMERS BRANCH. The Ordinance, a full, true and correct copy of which is attached hereto, was read and reviewed by the City Council. Councilmember Davis moved that the ordinance be finally passed as an emergency measure. The motion was seconded by Mayor Pro Tem Binford and carried by the following vote: AYES: Davis, Binford, Phelps, Moses, Pyle NAYS: (None) M The Mayor then declared the Ordinance passed and adopted as an emergency measure, and signed and approved the same in the presence of the City Council, and declared the ordinance effective immediately. Minutes approved and certified to be true and correct, and the attached and following copy of said Ordinance is hereby certified to be a true and correct copy of an official copy thereof on file among the official records of the City, all on this the 13th day of November, 1989. APPROVED AS TO FORM: City Attorney cz��,Q Mayor, City of Farme s Branch, Texas ti ATTEST: City Secretary ORDINANCE NO. 1852 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, CANVASSING RETURNS AND DECLARING THE RESULT OF AN ELECTION HELD IN SAID CITY ON THE 7TH DAY OF NOVEMBER, 1989, RELATIVE TO CONTINUING IN THE DALLAS AREA RAPID TRANSIT SYSTEM IN THE CITY OF FARMERS BRANCH. WHEREAS, the governing body, by ordinance duly passed and adopted, made provision for an election to be held within this City of the 7th day of November, 1989; and WHEREAS, the returns of the said election have been made to this governing body and from an examination of those returns, it appears that the same was held in accordance with applicable law and the authorizing proceedings and was in all respects legally held after due notice had been given, and the said returns duly and legally made, and other instruments, showed the following results: PROPOSITION NO. 1. SHALL THE DALLAS AREA RAPID TRANSIT BE CONTINUED IN THE CITY OF FARMERS BRANCH, TEXAS? FOR: 1,735 AGAINST: 733 Section 1. That all of the results contained in the preamble of this Ordinance are found to be true and are adopted as findings of fact by this governing body and as part of its conclusions and judgment. Section 2. It is further found and determined that the results of the election as canvassed and tabulated in the preamble thereof reflect the expressed desires of the electors. Section 3.' The City Secretary is instruct to duly notify all parties required by law to be notified of the results of the election. PASSED, APPROVED AND EFFECTIVE this 13th day of November, 1989. a -i Q� Mayor, City of FarmetskBranch, APPROVED AS TO FORM: Texas I/V ATTEST: City Attorney city Secretary C ■ FaRmeRS Brand -i "BEST LIVInG PLRCE" P R O C L A M A T I O N WHEREAS, The Metrocrest Sharing Center is the metrocrest area food bank; and WHEREAS, the Metrocrest Sharing Center this year has assisted 7,829 individuals and 2,181 families; and WHEREAS, the local food bank supplies are low and is in need of our help; and WHEREAS, the Mayors of the four (4) cities in the metrocrest area whole heartily support the program of the Metrocrest Service Center and praise the Sharing Center for the collection and distribution of food to the needy. NOW, THEREFORE, I, DAVE BLAIR, MAYOR OF THE CITY OF FARMERS BRANCH DECLARE THE WEEK OF NOVEMBER 11 -18, 1989, as "WEEK OF HUNGER" IN THE CITY OF FARMERS BRANCH, TEXAS, AND ENCOURAGE EMPLOYEES AND CITIZENS TO SUPPORT A CAMPAIGN OF FILLING THE CUPBOARDS AT THE METI20CREST SHARING CENTER DURING THIS TIME. e i Dave Blair Mayor November 6, 1989 CALL THE METROCREST SERVICE CENTER FOR COLLECTION LOCATIONS 446 -2100. ITEMS NEEDED: Canned Meats Canned Soups Peanut Butter Jams & Jellies Macaroni & Cheese Canned Dinners Canned Fruits Fruit Juices Spaghetti & Sauce Powdered Milk Cereals Toilet Articles Paper Goods Laundry Products Dried Beans Dried Rice Or fill a baby bag: Canned Baby Food Formula Cereals Baby Juices Diapers Powder Soap CITY OF FcanmeRS eRcancH P.O.SOX B'19010 Fa R, -neRS BRc,!'ICH,TEXaS 75661 -9030 2141247 -SIS1 LinWEO in FRIECIOSHIP WfTH THE OISTRiCT OF BRSSETLRW. 6lOTTITIGHRMSHIRE, GRERT BRITRIn