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1992-09-14 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING SEPTEMBER 14, 1992 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers 1 Dave Blair Bob Phelps Jeff Binford Calla Davis Ron Pyle Bill Moses The following members of the City Administration were present: Acting City Manager John Burke Assistant City Manager Steve Carpenter 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 Director of Personnel Judy Conley Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters The following member of the City Administration was absent: City Manager Richard Escalante Vol. 63, Page 1 Mayor Blair called the City Council Meeting of September 14, 1992 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. A.2 CONSIDER PRESENTING A PLAQUE TO SCOTT FORD, AND RECOGNIZING TROOP 713 FOR REPAINTING THE SMOKE HOUSE AND CONSTRUCTING A STONE PATHWAY IN THE HISTORICAL PARK. Mayor Blair gave the following information. In February of this year, Scott Ford, Troop 713 contacted Ron Harmon, Historical Park Superintendent, inquiring about a suitable Eagle Scout project. Scott chose to repaint the smoke house located near the Dodson House, and to construct a stone pathway leading from north of the McKee addition to the Playhouse southwest of the Gilbert House. To complete the requirements for Eagle Scout, Scott had to find a 40 to 60 hour community service project, develop a plan, acquire materials, provide labor, and complete the project. The project required scraping the loose paint from the smoke house, and repainting the smoke house. The pathway required laying out a desired path, digging a trench, laying rock to fill the desired pathway, and backfilling with soil. The Boy Scouts of Troop 713 devoted approximately 120 worker hours to this project. Mayor Blair presented Scott Ford with a plaque recognizing Troop 713 for repainting the smoke house and constructing a stone pathway in the Historical Park. A.3 CONSIDER PROCLAMATION PROCLAIMING THE WEEK OF SEPTEMBER 14 THROUGH 20TH AS CONSTITUTION WEEK. Mayor Blair read the proclamation and proclaimed the week of September 14th through September 20th as "Constitution Week" in Farmers Branch. Mayor Blair recognized Ms. Kim McClung and Ms. Rose Piper who are members of the Daughters of the American Revolution. Ms. Piper urged all citizens to read our constitution. A.4 PRESENTATION OF BROCHURE COMPILED BY THE METROCREST NON- PROFIT FORUM. Mayor Blair announced that Nancy Strickland of the Metrocrest Non-Profit Forum could not be present tonight. Mayor Blair explained this item would be postponed for a future City Council meeting. Vol. 63, Page 2 A.5 PRESENTATION OF SERVICE AWARDS. Mayor Blair explained that McKinley Toney of the Parks and Recreation Department could not attend the City Council meeting. Mayor Blair presented a 5 year employee service award to Mason Sarles of the Police Department. A.6 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.5., CA, C.9, D.4, D.5, D.6, D.7. Mayor Blair stated 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 Phelps, a second by Councilwoman Davis, all voting "aye", added items CA, C.9, DA, D.5, D.6 and D.7 to the consent agenda. A motion by Mayor Pro Tem Phelps, a second by Councilman Pyle, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF AUGUST 17, 1992. B.2 APPROVED A RESOLUTION AUTHORIZING AMERICAN INDIAN EXPERIENCE DAY AS A CIVIC AND PHILANTHROPIC USE TO BE CONDUCTED BY FRIENDS OF THE FARMERS BRANCH MANSKE LIBRARY ON OCTOBER 24, 1992. B.3 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1998, AMENDING ORDINANCE NO. 1210, SECTION 4; DELETING THE IDENTIFICATION OF RICHLAND STREET AND GOODWATER STREET AS ONE-WAY STREETS. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING ORDINANCE NO. 1210, SECTION 4; DELETING THE IDENTIFICATION OF RICHLAND STREET AND GOODWATER Vol. 63, Page 3 STREET AS ONE-WAY STREETS; AND PROVIDING A SEVERABILITY CLAUSE. B.4 ADOPTED RESOLUTION NO. 92-129 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH MAXIM ENGINEERS, INC. FOR SERVICES ASSOCIATED WITH THE MOTOROLA BUILDING NOT TO EXCEED $7,500. B.5 AUTHORIZED THE CITY MANAGER TO EXECUTE A RELEASE OF LIABILITY FORM WITH MORRIS ROBINOWITZ, RAYMOND LAMBERT, AND LSR JOINT VENTURE NO. 2 FOR USE OF PARKING FACILITIES FOR THE SEPTEMBER 18, 1992 ARTS IN THE PARK CONCERT. CA ADOPTED RESOLUTION NO. 92-139 APPROVING AMENDMENT NO. 2 AND RESTATEMENT OF DEVELOPER'S CONTRACT WITH MEIER MIDWAY LIMITED PARTNERSHIP AND RODGER MEIER HOLDINGS, INC.. C.9 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2000 AMENDING THE CITY'S OPERATING BUDGET FOR THE 1991-92 FISCAL YEAR. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 1991-92 FISCAL YEAR OPERATING BUDGET; DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.4 ADOPTED RESOLUTION NO. 92-141 APPROVING A SUBURBAN DALLAS AREA RAPID TRANSIT POSITION STATEMENT REGARDING VARIOUS LEGISLATIVE PROPOSALS. D.5 ADOPTED RESOLUTION NO. 92-142 APPROVING A SUBURBAN DALLAS AREA RAPID TRANSIT POSITION STATEMENT REGARDING THE DART SERVICE PLAN. D.6 APPROVED A FILL PERMIT FOR CONSTRUCTION OF A DAM ALONG FARMERS BRANCH CREEK. D.7 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1997 PROHIBITING U-TURNS ON SPRING VALLEY ROAD AT PROTON ROAD. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROHIBITING U-TURNS ON SPRING VALLEY ROAD AT PROTON ROAD, PROVIDING A PENALTY CLAUSE; PROVIDING A Vol. 63, Page 4 SEVERABILITY CLAUSE; AND REPEALING ORDINANCE NO. 1807. C.1 CITY MANAGER REPORTS. Acting City Manager John Burke gave an informative report on the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF A. ROBERT BEER, TRUSTEE, TO GRANT A SPECIFIC USE PERMIT (SUP) FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW AT 2407 VALWOOD PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 33 (PD-33) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. This item was continued from the August 17, 1992 City Council Meeting to allow the applicant sufficient time to revise the development plan associated with the Specific Use Permit. The subject property is a .2 acre lot located on the north side of Valwood Parkway, east of Denton Drive, between the Dairy Queen restaurant and a small retail strip center. The property is presently developed as a self-service car wash. The applicant proposes to raze the car wash and erect a fast food restaurant, 1,176 square feet in area, having an outside sales window along its west side. The restaurant would seat 30 customers. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit be approved subject to the following conditions: 1. Prior to the issuance of any building permits, a Hold Harmless Agreement must be executed to allow paving and use of the 10 foot utility easement along the property's west side. 2. Prior to the issuance of a Certificate of Occupancy (C.O.), a mutual access agreement must be executed between the subject property and the adjacent property to the east. Mayor Blair opened the public hearing. No one spoke. A motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye" , closed the public hearing. Mr. Mitchell Terry, representing the applicant was present to answer any questions of the City Council. Vol. 63, Page 5 Mayor Blair asked Mr. Terry if he understood and agreed with both conditions recommended by the Planning and Zoning Commission. Mr. Terry stated he understood both conditions and had no problem with them. Councilman Moses asked if the applicant was prepared to help with traffic such as the Red Lion Burger restaurant does by hiring police at lunch. Mr. Terry stated patrons could enter the restaurant from either Spring Valley or from Valwood. Mr. Terry explained with access from these streets, he felt there should not be a problem with traffic. Mr. Terry stated the restaurant would provide police to control traffic if necessary. Councilman Binford asked if the access agreement was controlled by the same trustee and had been executed. Mr. Terry stated it was controlled by the same trustee and the access agreement had been executed but needed to be recorded. Councilman Phelps asked if the owner of the Dairy Queen was satisfied that patrons would not be using his parking lot and vice versa. Mr. Michael Spicer, Planning Director, stated the vehicular traffic flow won't interfere with either property owner and all parties were satisfied. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance 2003 with the conditions 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, SO AS TO GRANT A SPECIFIC USE PERMIT FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW WITHIN THE PLANNED DEVELOPMENT NUMBER 33 ZONING DISTRICT AND LOCATED AT 2425 VALWOOD PARKWAY, A .2089 ACRE LOT LOCATED ON THE NORTH SIDE OF VALWOOD PARKWAY AND EAST OF DENTON DRIVE; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. C.3 CONSIDER REQUEST OF JERRY DURAND OF 12117 AMSTERDAM TO AMEND Vol. 63, Page 6 ORDINANCE NUMBER 811 TO ALLOW RESIDENTS TO KEEP MINIATURE POT BELLIED PIGS AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Ordinance No. 811 regulates the keeping of livestock within the City limits of Farmers Branch. It expressly prohibits keeping horses, mules, cows, pigs, goats and sheep on any premises unless the animals are located more than 100 feet from any adjacent property. Farms or ranches abutting nonresidential zoning districts are exempted. Mr. Durand requests that the City amend Ordinance No. 811 so that miniature pot bellied pigs may be kept as pets on residential premises. Staff recommends that the request to amend Ordinance No. 811 be denied for the following reasons: (1) keeping pigs as pets could create a health hazard, particularly since there are many diseases, including rabies, for which no vaccinations are available, (2) the behavioral needs of the pigs, such as pasturing, rooting, and wallowing, cannot be satisfactorily provided when they are treated as companion animals, (3) the addition of pigs as domestic pets will increase the potential of animal control problems, particularly as the pigs become large and elderly, (4) the City's Animal Control Shelter is not presently equipped to accommodate pigs, particularly in providing soaking pools or other means for pigs to maintain proper body temperature. Mrs. Debra Durand, 12117 Amsterdam came forward. Mrs. Durand stated her pig was guaranteed by the breeder not to exceed 50 pounds or grow above 14 inches. Mrs. Durand stated that any miniature pot-bellied pig would have to follow a strict diet or they would gain more than 50 pounds. Mrs. Durand stated many breeders are out for fast money and are breeding miniature pot-bellied pigs with regular swine. Mrs. Durand stated she walks her pig so the hoofs are filed naturally. Mrs. Durand stated these animals if kept indoors do not need soaking pools or need to wallow. Mrs. Durand stated when she allows her pet to go outdoors she keeps a constant watch on her because they will tear up the grass, plants or shrubs. Mrs. Durand has brought her pig to special education classes at Cabell Elementary and is now trying to visit nursing homes. Mrs. Durand requested the City Council to consider amending the ordinance to allow these animals up to 50 pounds and require these animals to be registered with the City. Mrs. Durand explained that when she walks her miniature pot-bellied pig people in her neighborhood come outside to see her. Mrs. Durand stated her children were very upset they may lose their family pet. Mr. Nick Korba, 13210 Shahan stated the City already had a Specific Use Permit and stated the Citv should have a Special Pet Permit for animals such as this. Mayor Blair explained there were many drawbacks to amending this ordinance. Mayor Blair stated the City could amend the ordinance to allow any kind of swine which could Vol. 63, Page 7 open the door for any kind of animal or amend the ordinance to allow a particular kind of swine. Mayor Blair stated to register these animals would cost the City for new employees to control the registration process. Mayor Blair explained the City could allow these animals on a Special Use Permit basis but the City would be out funds for administrative costs and personnel costs. Mayor Blair stated he had heard no new information to change his mind on allowing these animals. Mrs. Durand stated she would help the City by volunteering to help with administrative costs and felt she would have no trouble in finding other people to volunteer. Ms. Durand stated she had a petition signed by the neighborhood and only 6 people would not sign the petition. Mrs. Durand stated her pig does not roam the streets and the neighbors really like the pig. Mrs. Durand stated there is an organization called HAPPE who already have over 100 people on waiting lists to take these animals if someone did not want their pet any longer. Mrs. Durand stated she would volunteer 40 hours a week in order to keep her pig. Councilman Phelps asked how the City found out that Mrs. Durand had a miniature pot- bellied pig. Mr. Tom McDougall, Environmental Health Officer, stated the City had received a complaint from a neighbor that Mrs. Durand allows her pig to roam up and down the streets. Mrs. Durand stated she does not allow the miniature pot-bellied pig to roam the neighborhood without a leash or harness. Councilman Binford explained that the rabies issue is not a concern with him, Mrs. Durand was probably a good pet owner, and the complaint was not a big concern. Mr. Binford stated the City has worked so hard in the neighborhood meetings to hear citizens concerned over the perception of their neighborhood such as parking vehicles in the front yard, people working on cars in the front of their house, and the condition of homes and buildings in the City. Councilman Binford stated City staff worked many hours on an ordinance to address these problems. Councilman Binford stated the issued of keeping a pig was a problem of perception and distracts from the value of the home. Councilman Binford stated if Mrs. Durand came back with a plan to address all the problems such as budget constraints and man hours needed to allow these animals the City Council would be willing to hear these new plans. A motion by Councilman Binford, a second by Mayor Pro Tem Phelps, all voting "aye", denied the request to amend Ordinance No. 811 to allow the keeping of pot bellied pigs as household pets and allow Mrs. Durand 60 days to remove the miniature pot-bellied pig from Farmers Branch. C.4 CONSENT. Vol. 63, Page 8 C.5 PUBLIC HEARING: 1992-93 BUDGET Mayor Blair gave the following information for consideration. A public hearing is being held to consider the 1992-93 budget. A preliminary public hearing for the budget was held on June 15, 1992. The proposed budget was filed with the City Secretary on July 15, 1992, and copies of the proposed budget were made available for public inspection at the Farmers Branch Library. Open Study Sessions of the City Council were held on August 6, August 17, and August 25, 1992, to discuss the budget. Mayor Blair opened the public hearing. No one came forward to discuss this item. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", closed the public hearing. Mayor Blair explained he met with Sid Allen of the Metrocrest Chamber to discuss their request for $7,000. Mayor Blair stated the money would remain in the budget at this time to see if the Metrocrest Chamber could help the City with Economic Development. C.6 CONSIDER ORDINANCE NO. 1999 ADOPTING THE OPERATING BUDGET FOR THE 1992-93 FISCAL YEAR AND TAKE THE APPROPRIATE ACTION Mayor Blair gave the following information for consideration. Ordinance No. 1999 adopts the operating budget for the 1992-93 fiscal year. All applicable laws and charter provisions necessary for adoption of the budget have been followed. Copies of the budget document are available for public inspection at the Library. Staff recommends the adoption of Ordinance No. 1999 adopting the 1992-93 operating budget. A motion by Councilwoman Davis, a second by Mayor Pro Tem Phelps, all voting "aye", adopted the following captioned Ordinance No. 1999 adopting the 1992-93 operating budget. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY. C.7 CONSIDER ORDINANCE NO. 2001 TO LEVY THE TAX RATE FOR 1992 AND Vol. 63, Page 9 TAKE APPROPRIATE ACTION Mayor Blair gave the following information for consideration. Ordinance No. 2001 sets the tax rate for the 1992 tax year at 44 cents per $100 of assessed value on all real and business personal property within the City. This represents the same tax rate in place during 1991. The City of Farmers Branch has one of the very lowest rates in the metroplex. Staff recommends the adoption of Ordinance No. 2001 to levy the tax rate for 1992 at 44 cents per $100. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 2001 levying the tax rate for the 1992 tax year. AN ORDINANCE TO LEVY THE TAX RATE FOR THE 1992 TAX YEAR. C.8 CONSIDER ORDINANCE NO. 2002 TO APPROVE THE 1992 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Ordinance No. 2002 approves the tax roll certified by the Dallas Central Appraisal District. The certified tax roll sets forth the taxable value for all real and business personal property in the City of Farmers Branch at $2,530,053,616 (two billion, five hundred thirty million, fifty-three thousand, six hundred sixteen). Staff recommends the adoption of Ordinance No. 2002 approving the tax roll certified by the Dallas Central Appraisal District. A motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2002 approving the tax roll certified by the Dallas Central Appraisal District. AN ORDINANCE TO APPROVE THE 1992 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT. C.9 CONSENT. D.1 CONSIDER ADOPTING RESOLUTION NO. 92-134 AWARDING THE BID FOR CONSTRUCTION OF THE ALLEY LOCATED BETWEEN VALLEY VIEW LANE AND PRIMROSE LANE FROM VERONICA ROAD TO AUSTELL PARKWAY AND THE ALLEY LOCATED BETWEEN PORTLOCK DRIVE AND BROCKWAY DRIVE FROM SHAHAN DRIVE TO CASTLETON DRIVE TO CAMINO CONSTRUCTION, Vol. 63, Page 10 INC. AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Five bids were received and opened on August 18, 1992. All bids met specifications. The low bidder is Camino Construction, Inc. submitting a bid of $180,022.50 with a contract time of 135 calendar days. Camino Construction, Inc. has provided adequate qualifications and references for similar work. There is $242,839.00 available for construction of the two alleys in the 1991-92 Alley Paving Program. Materials testing is estimated at $2,302.00 making the total estimated construction cost $182,324.50. The City Engineer recommends awarding the bid for construction of the alley located between Valley View Lane and Primrose Lane from Veronica Road to Austell Parkway and the alley located between Portlock Drive and Brockway Drive from Shahan Drive to Castleton Drive to Camino Construction, Inc. in an amount of $180,022.50. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution No. 92-134 awarding the bid for construction of the alley located between Valley View Lane and Primrose Lane from Veronica Road to Austell Parkway and the alley located between Portlock Drive and Brockway Drive from Shahan Drive to Castleton Drive to Camino Construction, Inc. in an amount of $180,022.50. D.2 CONSIDER RESOLUTION NO. 92-136 AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT WITH DART RELATIVE TO IMPROVEMENT OF LUNA ROAD FROM IH635 TO ROYAL LANE AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The DART Board of Directors on July 28, 1992 authorized execution of an Interlocal Agreement with the City of Farmers Branch to reconstruct Luna Road from a two-lane to a six-lane divided road between IH635 to Royal Lane. The total estimated cost of this project is $2,239,696. The Texas Department of Transportation and DART have agreed to provide $564,848 each toward the cost of the project, for a total State/DART contribution of $1,129,696. The agreement provides that the City will fund any necessary right-of-way acquisition, utility relocation, coordination, and construction costs exceeding $1,129,696.00. The approved 1991-92 CIP Budget includes $1,110,000.00 as the anticipated City share of the project. The Traffic Engineer and the City Engineer recommend adoption of Resolution No. 92- 136 authorizing execution of an Interlocal Agreement with DART relative to Vol. 63, Page 11 improvement of Luna Road from IH635 to Royal Lane. Mayor Pro Tem Phelps stated the 1991-92 CIP Budget included $1,110,000.00 as the anticipated City share of the project. Mayor Pro Tem Phelps asked where this money was coming from. Mr. Jerry Murawski, City Engineer, stated this money is from funds received from DART for improvement on roads with a transit route. A motion by Mayor Pro Tem Phelps, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 92-136 authorizing execution of an Interlocal Agreement with DART relative to improvement of Luna Road from IH635 to Royal Lane. D.3 CONSIDER ADOPTING RESOLUTION NO. 92-137 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JAMES CRAWFORD FOR THE EXTERIOR RESTORATION OF THE VICTORIAN HOUSE IN THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. On May 15, 1992, the City Council approved funding for the exterior restoration of the Victorian House. Included in the restoration is repairing, replacing, or remanufacturing items such as damaged siding, exterior doors, and window trim. Also included will be the installation of pathways extending to the front and side porches. Parks and Recreation Department staff members have negotiated a professional services agreement with James Crawford to perform the needed renovation services for an amount not to exceed $62,360. The 1992-93 Hotel-Motel CIP Budget includes $75,000 for exterior restoration. The Director of the Parks and Recreation Department recommends the adoption of Resolution No. 92-137 authorizing the City Manager to execute a Professional Services Agreement with James Crawford for the exterior restoration of the Victorian House in the Historical Park. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", adopted Resolution No. 92-137 authorizing the City Manager to execute a Professional Services Agreement with James Crawford for the exterior restoration of the Victorian House in the Historical Park not to exceed $62,360. D.4 CONSENT. D.5 CONSENT. Vol. 63, Page 12 D.6 CONSENT. D.7 CONSENT. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair called for any travel reports or requests. No member of City Council had a report or request. D.9 CITIZEN PARTICIPATION. Mr. Nick Korba, 13210 Shahan, stated the walkway from Farmers Branch Creek to Templeton Trail is in need of repair. Mr. Korba stated the children using this route are slipping and falling. Mr. Nick Korba stated hedges are very overgrown. Mr. John Burke, Acting City Manager, stated about 10 days ago he had the Public Works Department and the Parks and Recreation Department staff to get a contract to have the pathway paved and widened by 5 feet. Mr. Burke stated in about 10 to 15 days citizens should see improvement on the pavement and the hedges should be cut. Mr. Korba also felt that citizens of Farmers Branch should be allowed to decide if the new PACE store should sell alcohol. Mr. Korba felt that PACE would need all the help it could get to stay open. Mr. John Boyle, City Attorney, stated the County Commissioner is the one authorized to call an election for this type request if a petition is submitted. Mayor Blair explained he had a meeting with Mr. Ward, Principal of W. T. White. Mayor Blair explained the City of Farmers Branch would like W. T. White students who live in Farmers Branch to be recognized by the City. Mayor Blair explained to Mr. Ward about Student Government Day with the R. L. Turner students. Mayor Blair stated Mr. Ward was very excited about the program, but felt they could not participate this year but would look into it for next year. Mayor Blair stated he and Mr. Ward had set a date for the City Council and school administrators to have dinner and discuss ways to involve W. T. White students who live in Farmers Branch. Mayor Blair stated he had spoken to Commissioner Jim Jackson and Denton Drive improvements for the reconstruction were included on the County Bond Program and the County would be approving the engineering contract in the near future. MAYOR BLAIR ANNOUNCED THAT THE ITEM FOR THE EXECUTIVE SESSION WAS DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEM BEGAN AT 5:55 P.M. WITH THE COUNCIL RECONVENING INTO OPEN Vol. 63, Page 13 GENERAL SESSION AT 6:06 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEM DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION ON THE ITEM DISCUSSED IN THE EXECUTIVE SESSION WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS MAY BE DISCUSSED IN CLOSED SESSION. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS COMPENSATION FOR MUNICIPAL COURT JUDGE AND THE ALTERNATE MUNICIPAL COURT JUDGE. Discussion was held in the Study Session relating to the compensation of the Municipal Court Judges. ACTION TAKEN BY COUNCIL AT THE 7:30 P.M. MEETING OF THE EXECUTIVE SESSION ITEMS DISCUSSED IN THE STUDY SESSION BEGINNING AT 5:55 P.M. AND ENDING AT 6:06 P.M. Mayor Blair called for action on the items discussed in the Executive Session. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", set the monthly salary of $2,000.00 for Municipal Court Judge Deanna Burnett as a part- time employee, and, authorized the compensation of Alternate Municipal Court Judge Terry Carnes be disbursed to Mr. Carnes by Judge Burnett. F.1 ADJOURNMENT. A motion by Councilman Binford, a second by Mayor Pro Tem Phelps, all voting "aye" adjourned the City Council meeting of September 14, 1992, at 8:50 P.M. Mayor City Secretary Vol. 63, Page 14