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1991-08-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING AUGUST 19, 1991 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Bill Moses Councilmembers Bob Phelps Jeff Binford Calla Davis Ron Pyle The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Finance Doug Vanderslice Director of Parks & Recreation Jeff Fuller Police Chief Jimmy Fawcett Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of August, 19, 1991 to order at 7:30 P.M.. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tem Moses gave the invocation and led the pledge of allegiance to the flag. A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.4. Mayor Blair explained that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Moses, a second by Councilman Phelps, all voting "aye", placed item C.S, item D.1 and item D.5 from the regular agenda on the consent agenda. A motion by Mayor Pro Tem Moses, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED OF THE MINUTES OF COUNCIL MEETING OF AUGUST 5, 1991. B.2 ADOPTED RESOLUTION NO. 91-114 AUTHORIZING CHANGE ORDER NO. 2 FOR THE 1990/1991 PAVEMENT REPAIR CONTRACT TO GARLAND CONCRETE IN THE AMOUNT OF $2,887.88. B.3 ADOPTED RESOLUTION NO. 91-116 ACCEPTING A PETITION AND ALLEY EASEMENT DOCUMENTS FOR THE PAVING AND IMPROVEMENT OF A 15-FOOT WIDE UTILITY EASEMENT BETWEEN ERIC LANE AND RANDY LANE FROM VERONICA ROAD TO AUSTELL PARKWAY AND CONSIDER AUTHORIZING THE PREPARATION OF PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE CONSTRUCTION OF SAID ALLEY IMPROVEMENTS. B.4 ADOPTED RESOLUTION NO. 91-122 AUTHORIZING PARTICIPATION IN THE IH35E TASK FORCE ACTION. C.5 APPROVED A REQUEST BY THE CITY OF DALLAS TO SUPPORT LEGISLATION OF REGULATING POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS. Vol. 61, Page 23 D.1 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1952 AMENDING ORDINANCE NO. 1210 RELOCATING THE SCHOOL SPEED LIMIT SIGN ON RIDGEOAK WAY. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING ORDINANCE NO. 1210 SECTION 3; BY DESIGNATING SCHOOL SPEED ZONE LIMITS ON RIDGEOAK WAY; PROVIDING FOR A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. D.5 ADOPTED RESOLUTION NO. 91-120 APPROVING A DESIGN AGREEMENT WITH MILTON POWELL AND PARTNERS FOR RENOVATION OF THE DON SHOWMAN SWIMMING POOL IN THE AMOUNT OF $9,300.00. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER REQUEST OF THE HIGHLANDS EDUCATIONAL CORPORATION FOR A SPECIFIC USE PERMIT FOR AN INDOOR COMMERCIAL AMUSEMENT USE TO ALLOW BINGO GAMES AT 2740 VALWOOD PARKWAY, SUITE #122, WITHIN A LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. Highlands Educational Corporation is a nonprofit corporation that currently operates a bingo facility in the Pleasant Grove area of Dallas and would like to transfer its license to Suite #122 at the Valwood Village Shopping Center. Four other nonprofit organizations would be conducting bingo games at the Valwood location as well. All together, the 5 agencies intend to operate 7 days a week from 3:00 p.m. to 6:00 p.m. The proposed bingo facility would encompass 12,930 square feet, accommodate 320 patrons and include a snack bar. No alcoholic beverages will be sold. The Planning and Zoning Commission, by a 6 to 1 vote, recommends the Specific Use Permit be denied. Mayor Blair opened the public hearing. Mr. Dan Hennessy came forward to represent Highlands Educational Corporation. Mr. Hennessy stated he was Vice President of Highlands Educational Corporation. Mr. Hennessy explained that the State had raised the tax on bingo from 4 % to 7 % of gross. Mr. Hennessy stated only between 4% to 5% of net proceeds go to charities. Vol. 61, Page 24 Mr. Hennessy explained the school was not a religious organization and was a true educational facility. Mr. Hennessy felt this request was defeated by the Planning and Zoning Commission because it would actually take money out of Farmers Branch. Mr. Hennessy felt the amount of additional tax dollars could be as much as $25,000 to Farmers Branch. Mr. Hennessy stated the bingo games would only be run in the daytime from 3:00 p.m. until 6:00 p.m. Mr. Hennessy invited any charity in Farmers Branch to hold a bingo game at the requested facility. Ms. Kim Sylvan came forward representing the owner Valwood Village Shopping Center Joint Venture. Ms. Sylvan stated this tenant could bring in additional tenants to the shopping center which would increase tax revenue. Ms. Sylvan felt visitors to the bingo games would visit shops and dine at area restaurants in Farmers Branch. Ms. Sylvan asked that this request be approved. Mr. Merv Cassatt came forward representing the Loyal Order of Moose. Mr. Cassatt explained how the Moose Lodge has helped repaint a park and provided a new fountain the park. Mr. Cassatt felt the hours of 3 p.m. to 6 p.m. would not satisfy the bingo players and this organization would be back to ask to later hours. Mr. Cassatt would like to see this request denied. Mr. Mark Hawkins representing the Farmers Branch Lions Club came forward. Mr. Hawkins passed out a packet of information to the City Council on the various charities the Lions Club help. Mr. Hawkins felt this bingo hall would be a detriment to the City of Farmers Branch and felt this request should be denied. Mr. Jim Tomassini representing the Knights of Columbus came forward. Mr. Tomassini explained the difference between the applicant and his organization. Mr. Tomassini stated that all profits of the Knights of Columbus go to charities, volunteers work bingo games at no charge, the organization sponsors a dinner once a year for the fire department and police department employees. Mr. Tomassini felt since the Highlands Educational Corporation school was in Irving, no money would come into Farmers Branch. Mr. Tomassini stated he would like to see this request denied. Mr. Joe Garrett came forward. Mr. Garrett stated he was a member of the Loyal Order of Moose in Farmers Branch. Mr. Garrett felt the applicant would hurt the efforts of groups already in Farmers Branch and was opposed to the request. Mrs. Kathryn Reeves came forward representing Valwood Park Baptist Church. Mrs. Reeves saw no benefit to the City and felt this did not meet the Comprehensive Plan of Farmers Branch. Mrs. Reeves felt this location was a bad location because of gangs in the area and felt this request should be denied. Vol. 61, Page 25 A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye", closed the public hearing. Mayor Blair thanked all organizations present tonight for having just one spokesperson to help with time. Mayor Blair stated this was not a question of having bingo in Farmers Branch but rather a questions of land use. Mayor Blair had three reasons against this type SUP request. First, when a SUP is issued it does run with the land. Therefore, if Highlands Educational Corporation left the area, another organization of lesser quality could move in; second, this location is directly across the street from several churches and third, a seven day a week operation was a problem. Other organizations having bingo in Farmers Branch only played the game one night a week. Councilman Phelps asked for clarification on a statement made earlier about school proceeds. Do only qualified students get scholarships or do all students get a scholarship. Mr. Hennessy stated all students get some form of financial assistance. Councilman Phelps stated in the Planning and Zoning Commission meeting it was stated that 5 students attended the school from Farmers Branch, was this a true statement. Mr. Hennessy stated at the meeting a teacher from Highlands had misinformed him and no students going to the school live in Farmers Branch. Mr. Phelps stated many people believe bingo games bring in business for area retailers. Mr. Phelps stated the bingo hall in Preston Forest Shopping Center has a petition from other tenants in the center to remove this tenant. Mr. Phelps explained that bingo players to not shop in the center, do not eat in the center, but do take all the parking spaces in the center. Mr. Hennessy stated that if this request were approved he would agree to a condition that if Highlands Educational Corporation left the SUP permit would stop. Councilwoman Davis apologized for any bad experiences Mr. Hennessey may have had in applying for this SUP. Councilwoman Davis felt another location in a light industrial area of Farmers Branch would help their chances for approval. A motion by Councilman Phelps, a second by Mayor Pro Tern Moses, all voting "aye", denied the request for a specific use permit for a bingo hall for Highlands Educational Corporation. Mayor Blair called a five minutes recess. C.3 PUBLIC HEARING: CONSIDER REQUEST OF PETER KAVANAGH FOR A SPECIFIC USE PERMIT TO ALLOW ERECTION OF A CELLULAR MOBILE . TELEPHONE ANTENNA, NINETY-TWO (92) FEET IN HEIGHT, AT 13835 WELCH ROAD AND WITHIN A LIGHT INDUSTRIAL ZONING DISTRICT AND Vol. 61, Page 26 TAKE APPROPRIATE ACTION. Mayor presented the following information for presentation. Southwestern Bell Mobile Systems would like to erect a cellular mobile telephone antenna and small equipment building on 1300 square feet of property leased from National Aircraft Services, Inc., at the southwest corner of Welch Road and Sigma Road. At the Planning and Zoning Commission meeting on August 12, 1991 the applicant voluntarily reduced the height of the antenna structure to a maximum of 65 feet. The proposed antenna and building comply with all pertinent zoning standards and will not affect on-site operations of the National Aircraft Services facility. The proposed use is appropriate within an industrial zoning district and presents no conflict with the Comprehensive Plan. The Planning and Zoning Commission, by unanimous vote, recommends proposed Ordinance Number 1953, approving a cellular mobile telephone antenna, 65 feet in height, at 13835 Welch Road, be adopted as submitted. Mayor Blair opened the public hearing. Mr. Peter Kavanagh, representing Southwestern Bell Mobile Systems, came forward. Mr. Kavanagh stated this antenna was an exact replica of an antenna approved a few months ago at Valley View Lane and Josey Lane. Mayor Pro Tern Moses stated he had seen the antenna at Valley View and Josey Lane and it looked very good. Councilman Binford asked if the two competitors shared this system or if they had their own network. Mr. Kavanagh stated that each company had their own network. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", closed the public hearing. A motion by Councilman Binford, a second by Mayor Pro Tern Moses, all voting "aye", approved the following captioned Ordinance No 1953: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A CELLULAR MOBILE TELEPHONE ANTENNA AT 13835 WELCH ROAD AND WITHIN A LIGHT INDUSTRIAL ZONING DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE Vol. 61, Page 27 SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. C.4 CONSIDER A MOTION TO PROPOSE A FOUR CENT INCREASE IN THE AD VALOREM TAX RATE FOR 1991 AND SCHEDULE A PUBLIC HEARING, IN ACCORDANCE WITH THE STATE PROPERTY TAX CODE, TO DISCUSS THE PROPOSED TAX RATE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following for presentation. The City Council discussed the 1991-92 proposed budget in study sessions on August 1st and August 2nd, 1991. The proposed budget contains a recommendation to increase the ad valorem tax rate by 4 cents from 40 cents per $100 assessed to 44 cents per $100 assessed value. This increase is recommended primarily because the City's property valuations decreased 3.5% in 1991, which marks the third consecutive year that property values in the City have declined. Within the four cent increase, three cents is proposed to fund the reconstruction of the southern portion of Josey Lane. Under the State Property Tax Code, adoption of this increase would require that the City Council first pass a motion to propose the tax increase and set a public hearing date. This public hearing has been tentatively scheduled to take place at the final neighborhood meeting on Thursday, August 29, 1990 at the Library. Staff recommends that the City Council adopt a motion to propose a four cent increase in the ad valorem tax rate for 1991 and set a public hearing on August 29, 1991 at the Farmers Branch Manske Library. Councilman Phelps stated he felt with the new 4 % tax increase most residents would pay about the same as they presently pay. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", set the official public hearing for a tax increase at the Farmers Branch Public Library on August 29, 1991. C.5 CONSENT D.1 CONSENT D.2 CONSIDER ADOPTING RESOLUTION NO. 91-110 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ADS SERVICES, INC., FOR ENGINEERING SUPPORT SERVICES FOR RAWHIDE CREEK SANITARY SEWER INFILTRATIONANFLOW REDUCTION PLAN STUDY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following for presentation. The Rawhide Creek Sanitary Vol. 61, Page 28 Sewer Infiltration/Inflow Reduction Plan Study is included in the 1990/1991 budget. Funds for the study are available in the Public Works Department, Utility Division's services account in the amount of $110,000.00. The Public Works Department has negotiated a contract with ADS Services, Inc., for engineering services for this contract in an amount not to exceed $110,000.00. Services will include above ground reconnaissance, manhole and visual line inspection, smoke testing, and final written report with priorities and recommendations of repair action required. The Director of Public Works recommends the adoption of Resolution No. 91-110, authorizing the execution of an agreement with ADS Services, Inc., in an amount not to exceed $110,000.00 for Rawhide Creek Sanitary Sewer Infiltration/ Inflow Reduction Plan Study. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", approved Resolution No. 91-110 authorizing the execution of an agreement with ADS Services, Inc., in an amount not to exceed $110,000.00 for Rawhide Creek Sanitary Sewer Infiltration/Inflow Reduction Plan Study. D3 CONSIDER ADOPTING RESOLUTION NO. 91-117 AWARDING THE BID FOR MALLON PARK DREDGING PROJECT TO U.S. EXCAVATION & MINING CO. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following for presentation. The dredging of Mallon Park is part of the 1990-91 Non-Bond Drainage Capital Improvement Program budgeted in an amount of $50,000.00. This new project was presented to the City Council at the mid- year budget review on Friday, May 10, 1991. Five (5) contractors submitted bids on Friday, August 7, 1991. All bids met specifications. U.S. Excavating and Mining Co. submitted a low bid of $51,100.00. Upon tabulation of all bids submitted, it was found that the contractor made an error and that the correct low bid amount is $49,900.00 based on unit prices. The contract amount will be $49,900.00. The contract time is fifty (50) calendar days. There is $50,000.00 available for this project. U.S. Excavation and Mining Co. has successfully completed similar work for the City of Plano and has provided adequate qualifications and references for similar work. The City Engineer recommends awarding the bid for Mallon Park Dredging Project to U.S. Excavating and Mining Co. in an amount of $49,900.00. Councilman Binford questioned why the low bidder had made an error of $1200.00 in Vol. 61, Page 29 his tabulation and was this contractor notified of the error. Mr. Jerry Murawski, City Engineer, explained that the mistake was an error in correctly adding the bid tabulation and the contractor was notified of his error and had it rectified. Mr. Murawski stated it did not change the low bid in any way. Councilman Phelps suggested city staff contact area residents that the contractor would be dredging Mallon Park in such that residents may privately hire the contractor to dredge their portion of the creek. Mr. Murawski stated he would notify homeowners in the area. Councilman Pyle asked why the other vendors had come in at a much higher bid. Mr. Murawski stated he did not know, but projections done by city staff came in about the same as the low bidder. Chad Lauderback, representing U. S. Excavating, stated their low bid was due to the fact that the City of Carrollton is taking the material and would bring their own equipment to haul it away. U. S. Excavating would not have to dispose of any materials. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", approved Resolution 91-117 awarding the bid for Mallon Park dredging project to U. S. Excavating and Mining Co. in an amount of $49,900.00. DA CONSIDER ADOPTING RESOLUTION NO. 91-118 APPROVING AN ENGINEERING SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., FOR EROSION CONTROL IMPROVEMENTS ON FARMERS BRANCH CREEK ALONG VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Blair present the following for presentation. Erosion control improvements on Farmers Branch Creek along Valley View Lane are budgeted in the 1990/1991 Drainage Bond Fund in the amount of $290,000.00. The proposed 1991-92 budget combines two line items to reflect a total of $400,000.00 available for this project. An agreement has been negotiated with Freese and Nichols, Inc. for engineering design and construction services for the protection of the north right-of-way of Valley View Lane, for an amount not to exceed $71,187.80. The improvements will not adversely affect the adjacent property owners nor raise the water surface elevation. The City Engineer recommends adopting Resolution No. 91-118 approving an Engineering Services Agreement with Freese and Nichols, Inc., for erosion control improvements on Farmers Branch Creek along Valley View Lane for an amount not to exceed $71,187.80. A motion by Councilman Binford, a motion by Mayor Pro Tem. Moses, all voting "aye", adopted Resolution 91-118 approving an Engineering Services Agreement with Freese Vol 61, Page 30 and Nichols, Inc. for erosion control improvements on Farmers Branch Creek along Valley View Lane for an amount not to exceed $71,187.80. D.5 CONSENT D.6 CONSIDER ADOPTING RESOLUTION NO. 91-121 AWARDING THE BID FOR IH35 STREET LIGHT MAINTENANCE TO D.W. CONSTRUCTION AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following for presentation. Funds for IH35 Street Light Maintenance are included in the 1990-91 and the proposed 1991-92 Traffic Division Operating Budget. This contract is part of the Traffic Division Maintenance Program for a twelve month period from September 1991 to September 1992.. Nine (9) contractors picked up bid documents and four (4) submitted bids on July 26, 1991. All bids met specifications. The lowest bidder was D.W. Construction with a bid of $15,250.00 based on estimated quantities. There is $12,000.00 available for this project in the 1990/91 City Budget. The proposed 1991/92 City Budget also includes $12,000.00 for IH35 Street Light Maintenance. The bid documents make it clear that work will be authorized only as needed and within the amount budgeted for any Fiscal Year. The contract will utilize funds from both the 1990/91 and 1991/92 budgets. No bonds are required. D.W. Construction was employed by the City for Temporary Signal Installation on Valley View Lane at Luna and Senlac Roads and is considered qualified for this project. The Traffic Engineer and the City Engineer recommend awarding the contract for IH35 Street Light Maintenance to D.W. Construction in the total amount of $15,250.00. Councilman Binford asked when the agreement would expire. Mr. Murawski stated the agreement was for a 12 month period. Mr. Murawski stated the Highway Department put the lights in but the City was responsible for maintaining the lights. Mr. Murawski stated the City could not do maintenance on these fixtures because of height. Councilman Binford asked if this was the only location for this type maintenance or were there others. Mr. Murawski stated this was the only location and a rather unique situation. Councilman Phelps asked why one vendor only charged $87.00 for a light bulb yet another vendor charged as much as $800.00 for a light bulb. Mr. Murawski explained that Sharrock Electric, Inc. was the high bidder on this item and they specialize in traffic signals. Sharrock Electric, Inc. bid only as a courtesy. Vol. 61, Page 31 Mayor Pro Tem. Moses inquired that if a light standard was destroyed would the City have to replace it. Mr. Murawski stated that the City would be responsible but did not foresee this happening because the light standards sat on jersey barriers and were to high to hit or destroy. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 91-121 awarding the contract for IH35 Street Light Maintenance to D. W. Construction in the total amount of $15,250.00. D.7 CONSIDER ADOPTING RESOLUTION NO. 91-123 AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH CONSUMER PAYMENT SERVICES, AMERITRUST COMPANY AND THE INNOVATION GROUPS TO PROVIDE ELECTRONIC POINT OF SALE SERVICES AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following for presentation. Consumer Payment Services, Ameritrust Company, and the Innovation Groups offer a two year evaluation program of electronic point of sale services (credit card acceptance) to governments. Credit card acceptance would allow residents and businesses to use authorized credit cards to pay fees, taxes and fines. The credit card program meets the requirements of VISA and Mastercard and allows that bank fees be passed on to credit card holders. Participation in the credit card program involves no direct costs to the City, other than electricity and a telephone line. In addition, the credit card processing equipment, software, city staff training and support services are furnished at no cost. Credit card services would be set up at Community Services, Customer Service, Municipal Court and the Recreation Center. The services could be on-line and operational in October, 1991. City Staff recommends Resolution No. 91-123 be adopted authorizing the City manager to enter into agreements with Consumer Payment Services, Ameritrust Company and the Innovation Groups to provide electronic point of sale services. A motion by Mayor Pro Tem Moses, a second by Councilman Davis, to approve the contract as submitted. No vote was taken due to a question by Councilman Binford. Councilman Binford stated he had a problem with the term of this contract. Councilman Binford felt that another company might offer citizens a lower cost. Councilman Binford would also like to see more flexibility to terminate the contract. David Reedy, City Management Assistant, stated he had attended an organizational meeting and had learned from the City of Carrollton they had used NCNB with no luck at all. Mr. Reedy stated the contract with Consumer Payment Services, was for a two . year period with a 60 day notice. Mr. Reedy stated he would contact Consumer Payment Services and see if they were acceptable to a shorter term. Vol. 61, Page 32 Councilman Binford stated he would like to see a twelve month contract with a 30 day notice. Councilwoman Davis felt that a shorter contract term would not allow Consumer Payment Services to recoup their investment. A motion by Mayor Pro Tem Moses, a second by Councilwoman Davis, all voting "aye", amended the motion to have Staff negotiate for a lesser term if possible but not to exceed the twenty-four month, 60 day notice period. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair asked for reports and requests. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", approved the travel of the following planned conferences for members of the City Council and City Manager. September 28-October 4, 1991 -Metrocrest Chamber Economic Development Tour October 23 -October 26, 1991 -TML Annual Conference Ft. Worth December 12-December 16, 1991 -NLC 1991 Congress of Cities and Exposition Las Vegas, Nevada D.9 CITIZEN PARTICIPATION. Mr. Ray McDowell of 3525 Courtdale came forward. Mr. McDowell stated he had problems with a water line break that was repaired after residents showed them the location where the water was coming from. Mr. McDowell also stated he would like to see repairs or new construction of sidewalks be equipped for the handicapped. He stated no one would return his calls or all members of staff were in meetings. Mr. McDowell suggested different working hours would help residents contact city staff. Mr. McDowell stated he would like to see the business community carry the load for awhile. Mr. McDowell felt the residential community had carried the burden long enough. Mayor Blair responded that the City is trying to put in handicap access when repairs are made at proper locations. Mayor Blair informed Mr. McDowell that State Law dictates how much homestead exemption will be assessed to residents. Mayor Blair stated the business community pay Vol. 61, Page 33 83 % of ad valorem taxes while residential customers pay only 17 MAYOR BLAIR ANNOUNCED THAT ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 6:50 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:15 P.M. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENT OF MUNICIPAL COURT JUDGE AND ALTERNATE COURT JUDGE. A discussion was held relating to appointment of Municipal Court Judge and Alternate Court Judge. Councilman Pyle was not present for the Study Session, therefore did not participate in discussion. E. lb DISCUSS LAND ACQUISITIONS - ARTICLE 6252-17, SEC. 2(f) 1. DISCUSS MOTOROLA PROPERTY DEDICATION. A status report was presented by the Staff. E.lc DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) 1. DISCUSS CHAPMAN AND GATCOMB VS. CITY OF FARMERS BRANCH LITIGATION. City Attorney John Boyle presented a status report to the City Council relating to the litigation of Chapman and Gatcomb vs. City of Farmers Branch. Mayor Blair announced that action on the items discussed in the Executive Session at the Study Session would be taken at this time. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, appointed Deanna Burnett as Municipal Court Judge and Terry Carnes as Alternate Court Judge. The motion carried with Councilmembers Phelps, Moses, Davis and Binford voting "aye". Councilman Pyle did not vote because of conflict of interest. Councilman Pyle signed and filed with the City Secretary the appropriate conflict of interest form. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Vol. 61, Page 34 No action necessary. EA CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of August 19, 1991, at 9:20 P.M. Mayor f City Secretary 1 Vol. 61, Page 35