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1992-09-28 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 1992 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Bob Phelps Councilmembers Calla Davis Ron Pyle Jeff Binford Bill Moses 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 September 28, 1992 to order at 7:30 P.M.. The meeting was televised. Vol. 63, Page 15 A.1 INVOCATION. Councilman Moses gave the invocation. Boy Scout Troop 1233 posted the colors of the flag and led the pledge of allegiance to the flag. A.2 CONSIDER PROCLAIMING OCTOBER 4-10, 1992 AS "FIRE PREVENTION WEEK". Mayor Blair read the proclamation and proclaimed October 4-10, 1992 as "Fire Prevention Week" in Farmers Branch. Mayor Blair presented the proclamation to "Fire Pup" . Fire Chief Kyle King stated the Fire Department appreciates the proclamation being made and recognition of the reduction in fire losses for this year. Fire Marshall Gordon Robbins stated 3,000 fire inspections were made this year and 2,000 fire hazards were corrected. Mr. Robbins stated there had been a 51 % decrease in serious fires from the previous year. A.3 RECOGNITION OF MOTOROLA, INC. AS AN OUTSTANDING CORPORATE CITIZEN. Mayor Blair presented the following information. Motorola, Inc. has recently donated a 30,000 square foot building situated on 6 acres of land to the City of Farmers Branch. The property is located at 3320 Beltline with access both from Beltline and Towerwood. Ultimately the City plans to use the facility as a new Senior Citizens Center. This donation has an appraised value of $1,694,930. Mr. Chip Saunders, Vice President and General Manager of the South Central Region and Mr. Jeff Muradian, Director of Finance for the South Central Division, are present to represent Motorola, Inc. Mayor Blair presented a plaque to Mr. Chip Saunders and Mr. Jeff Muradian. Mr. Saunders stated that Mr. Muradian originally had the idea to donate this building to the City. Mr. Muradian presented a plaque to Mayor Blair which represented the key to the building at 3320 Beltline Road. A.4 PRESENTATION OF BROCHURE COMPILED BY THE METROCREST NON- PROFIT FORUM. Vol. 63, Page 16 Mayor Blair stated this item was placed on the agenda at the request of Ms. Nancy Strickland of the Metrocrest Non-Profit Forum. Mayor Blair recognized Ms. Strickland. Ms. Nancy Strickland stated this brochure was created as a directory of information for citizens who live in the metroplex areas. Ms. Strickland stated that 27 different organizations are listed and explains what each organization does. Ms. Strickland stated that GTE printed 5,000 copies for the Metrocrest Non-Profit Forum at no cost. Ms. Strickland stated she would like the City to display these brochures in City Hall, the Fire Stations, Police Station, Library, and distributed by employees who may come in contact with a citizen who needs this information. Ms. Strickland stated a new steering committee had been formed to help determine the needs of the Community. Ms. Strickland stated Metrocrest SCAN (Surveying our Community and its Needs) will survey 500 households by the first of next year. The University of Texas at Dallas will identify at random the samples so that it will reflect the demographics of the 1990 census. Ms. Strickland stated the top 2 or 3 concerns in the survey will be addressed. Mayor Blair explained this was an important step to provide information to the citizens of Farmers Branch what services are available. A.5 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.4. 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.S, C.6, D.2 and D.3 to the consent agenda. A motion by Mayor Pro Tem Phelps, a second by Councilman Pyle, all voting "aye", approved the following Consent Agenda. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF SEPTEMBER 14, 1992. Vol. 63, Page 17 B.2 ADOPTED RESOLUTION NO. 92-143 AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH DART RELATIVE TO THE VALLEY VIEW TRAFFIC SIGNAL IMPROVEMENT PROJECT. B.3 ADOPTED RESOLUTION NO. 92-144 APPROVING CHANGE ORDER NO. 1 RELATIVE TO A CONSTRUCTION CONTRACT WITH CHENCO, INC. FOR INSTALLATION OF AN ABOVE GROUND FUEL STORAGE SYSTEM AT THE SENLAC SERVICE CENTER. B.4 ADOPTED RESOLUTION NO. 92-148 APPOINTING A MUNICIPAL COURT JUDGE AND AN ALTERNATE MUNICIPAL COURT JUDGE FOR THE CITY OF FARMERS BRANCH. CA APPROVED THE REQUEST OF PREMISYS REAL ESTATE SERVICES FOR SITE PLAN APPROVAL FOR AN ON-PREMISE SIGN TO BE LOCATED AT 4100 ALPHA ROAD AT THE SOUTHWEST CORNER OF THE ALPHA ROAD/MIDWAY ROAD INTERSECTION AND WITHIN THE PLANNED DEVELOPMENT NUMBER 1 (PD-1) ZONING DISTRICT. C.5 APPROVED THE REQUEST OF UNITED COMMERCIAL DEVELOPMENT, INC., ON BEHALF OF VANNOY ENTERPRISES, FOR SITE PLAN APPROVAL OF A RETAIL BUILDING AT 4515 LBJ FREEWAY AND WITHIN PLANNED DEVELOPMENT NUMBER 40 (PD-40) ZONING DISTRICT. C.6 APPROVED REQUEST BY VANNOY ENTERPRISES, ACTING BY AND THROUGH ITS DULY AUTHORIZED AGENT, UNITED COMMERCIAL DEVELOPMENT, INC., FOR FINAL PLAT APPROVAL OF LOT 4 AND 5, BLOCK 1, METROPOLITAN INDUSTRIAL PARK, SECTION THREE, LOCATED AT 4515 LBJ FREEWAY. D.2 ADOPTED ORDINANCE NO. 2006 AMENDING THE WATER RATE CHARGES. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 1 OF ORDINANCE NO. 1962 SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICES FURNISHED BY THE WATER WORKS SYSTEM OF THE CITY FOR VARIOUS TYPES OF RESIDENTIAL DWELLINGS, BUSINESSES OR COMMERCIAL ESTABLISHMENTS OR COMBINATION THEREOF WHEN SUCH COMBINED UNITS ARE TO BE CHARGED SEPARATELY FOR SERVICE; AND PROVIDING THAT ALL PORTIONS OF OTHER ORDINANCES NOT IN CONFLICT WITH Vol. 63, Page 18 THIS ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT; AND DECLARING AN EMERGENCY. D.3 ADOPTED ORDINANCE NO. 2007 AMENDING THE SANITARY SEWER RATE CHARGES. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 1 OF ORDINANCE NO. 1963 SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICES FURNISHED BY THE SANITARY SEWER SYSTEM; PROVIDING THAT ALL PORTIONS OF OTHER ORDINANCES NOT IN CONFLICT WITH THIS ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT; AND DECLARING AN EMERGENCY. 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. MAYOR'S ANNOUNCEMENT Mayor Blair apologized for not recognizing members of the Historical Board during the dedication of Gussie Field Watterworth Park. C.2 PUBLIC HEARING: CONSIDER A REQUEST BY CORNERSTONE BANK, N.A., FOR REPLAT APPROVAL OF LOT 1, PARK PLACE ADDITION AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The property owner has requested to withdraw his plat from the September 28, 1992 Council Agenda. The City Engineer recommends property owner's request be granted. A motion by Mayor Blair, a second by Councilman Pyle, all voting "aye", accepted the withdrawal of Cornerstone Bank for replat approval of Lot 1, Park Place Addition. C.3 PUBLIC HEARING: CONSIDER REQUEST OF METROCEL CELLULAR TELEPHONE COMPANY FOR A SPECIFIC USE PERMIT (SUP) TO ALLOW THE ERECTION OF A CELLULAR COMMUNICATIONS ANTENNA, FORTY (40) FEET IN HEIGHT, AT 2740 VALWOOD PARKWAY, SUITE 130, AND WITHIN A LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The applicant intends to Vol. 63, Page 19 erect the proposed antenna tower behind the Valwood Village Shopping Center near the rear entrance to Suite 130, approximately 465 feet south of Valwood Parkway and 520 feet east of 7osey Lane. It would be setback about 40 feet from the rear property line abutting Farmers Branch Park. The nearest residential property is located more than 600 feet away on the west side of 7osey Lane. The antenna tower is comprised of a galvanized steel pole 40 feet tall capped with a triangle-shaped, steel lattice platform to which the actual antenna apparatus is attached. The platform itself measures 10 feet along each of its three sides and approximately 3 feet in height. The base of the tower will be enclosed within a 100 square foot area secured by a chain link fence 8 feet in height. All associated computer equipment will be located within space leased inside Suite 130. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit for a cellular communications antenna at 2740 Valwood Parkway, Suite 130, be approved as submitted. Mayor Blair opened the public hearing. Mr. Nick Korba, 13210 Shahan, stated these antennas were not being placed on the tax roll of Farmers Branch and escaping the taxes by leasing out space. Mr. Korba stated he had talked with the City of Dallas and found they were not paying taxes on this type equipment. Mayor Blair explained they were not escaping taxes because the lease holder pays taxes on the property. Mr. Doug Vanderslice, Director of Finance, stated he did not know exactly how the equipment was assessed but felt it was by business personal property. Mr. Vanderslice stated he would research this further. Mr. Steve Dutton, with Metrocel Cellular, stated Metrocel Cellular company does pay taxes on this equipment. Mr. Dutton stated Metrocel pays city, county and school taxes in all cities of the metroplex where they have equipment. Mr. Dutton stated equipment was assessed through business personal property and raw land was assessed into improvements. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", closed the public hearing. Mayor Pro Tem Phelps explained the last request of this type had the equipment valued over $100,000. Vol. 63, Page 20 A motion by Mayor Pro Tem Phelps, a second by Councilman Moses, all voting "aye adopted the following captioned Ordinance No. 2005 approving the specific use permit for a cellular communications antenna at 2740 Valwood Parkway, Suite 130. 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 COMMUNICATIONS ANTENNA WITHIN A LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AT 2740 VALWOOD PARKWAY, SUITE 130; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. CA CONSENT C.5 CONSENT C.6 CONSENT C.7 CONSIDER REQUEST OF JERRY DURAND OF 12117 AMSTERDAM TO AMEND ORDINANCE NUMBER 811 TO ALLOW RESIDENTS TO KEEP MINIATURE POT BELLIED PIGS AND TAKE APPROPRIATE ACTION. Mayor Blair presented 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. Ms. Durand appeared before the Council on September 14, 1992 to request that the City amend Ordinance No. 811 so that miniature pot bellied pigs may be kept as pets on residential premises. The Council denied her request. Ms. Durand wants the City to look at another proposal. Staff recommends that the request to amend Ordinance No. 811 be denied because keeping pigs could create a health hazard, has the potential for additional animal control problems, and will require modifications at the animal shelter and additional equipment or personnel for capturing and transporting pot bellied pigs. Ms. Debra Durand stated she has made many calls to different shelters on how they handle complaints, registration, and any other calls about pot bellied pigs. Ms. Durand stated the pig owner does the running around and no city manpower is involved. Ms. Vol. 63, Page 21 Durand stated other cities charge a registration fee and are therefore not out any money. Ms. Durand gave a brief summary of her proposal and stated she would have her phone number along with Mr. Bobo's phone number listed to call if a pet needed to be picked up. Ms. Durand stated she would hold the animal until rescuers could come get the animal. Ms. Durand stated her children were allergic to all other animals and this miniature pot bellied pig was the only animal the children could be around. Mr. Christian Bobo explained he would like to convey similar remarks to the City Council that Debra Durand did. He would be willing to work with City Staff with enforcement. Mr. Bobo stated he believes the overall opinion of citizens is that the ordinance should be amended to allow these animals. Ms. Mildred Rogers stated she is in favor of letting these people have their miniature pot-bellied pig. Ms. Faye Gruntz stated she is the neighbor of Mr. Bobo. Ms. Gruntz stated she loves Mr. Bobo's pig and has fed him on many occasions. Ms. Gruntz stated she started collecting signatures but stopped after a certain councilmember informed her that signatures would not help change the ordinance. Ms. Gruntz stated this animal was like a child to Mr. Bobo. Mrs. Gruntz stated this is not a hog like she had when she lived in the country. Mrs. Gruntz stated several people are willing to go door to door to bring this to a vote if necessary. Mr. Nick Korba stated it was time the City allowed people to obtain a Special Pet Permit for different type animals. Mayor Blair stated he had talked to Mr. Bobo and explained his concerns. Mayor Blair stated he had two basic concerns with this issue. Mayor Blair stated the first issue was how people would look at a neighbor having a pig next door. Mayor Blair stated many citizens had called him or seen him in on the street and voiced their opposition to having the ordinance amended. Mayor Blair stated his second concern was the conception of "miniature". Mayor Blair felt "miniature" was about the size of a miniature poodle or other animal in the miniature range. Mayor Blair stated he was surprised to see in Mr. Bobo's and Ms. Durand's suggested regulations that they are going from a miniature pig of 50 pounds to a 95 pound animal. Mayor Blair explained in his mind this was a full grown barn yard animal. Mayor Blair stated the suggested regulations would allow this type animal only as an inside animal. Mayor Blair felt in the minds of people, a 95 pound pot-bellied pig would not be considered as an inside domestic pet. Mayor Blair explained several citizens had asked why the City Council was spending so much time on this item. Mayor Blair explained that any citizen is allowed to come before this Council and present their request. Councilwoman Davis stated she had also talked to Mr. Bobo and had read his suggested regulations. Councilwoman Davis felt some of the ideas were reasonable. Vol. 63, Page 22 Councilwoman Davis said since their conversation she has talked to many residents of Farmers Branch and the general consensus is they do not want pot-bellied pigs allowed in the City. Councilwoman Davis stated she had asked herself the question what she would do if someone told her she had to give up her pet. Councilwoman Davis stated the issue was totally different and for the good of the City the ordinance should not be amended because it may create mass problems. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye denied the request to amend Ordinance No. 811. D.1 CONSIDER ADOPTING ORDINANCE NO. 2004 AMENDING THE CITY'S ALARM ORDINANCE NO. 1299 AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Ordinance No. 2004 will amend Section 3(b) of City Alarm Ordinance No. 1299 to allow for specified types of local alarms which are currently prohibited. Ordinance No. 2004 would permit an alarm system that emits a flashing white light that is tied into a light at the front of the house. The ordinance would also allow an alarm which emits an audible signal that cannot be heard outside a radius of 200 feet from the exterior of the residence. Finally, Ordinance No. 2004 would require that an alarm's audible signal cease after five consecutive minutes. The Police Chief recommends the adoption of Ordinance No. 2004 amending the City's alarm Ordinance No. 1299. Mayor Blair explained in the neighborhood meetings residents wanted an ordinance that would allow them to have an outside alarm. Mayor Blair stated this was a good ordinance and well thought out because it restricts the length of time the alarm could go off. A motion by Mayor Blair, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2004. AN ORDINANCE AMENDING ORDINANCE NO. 1299, PASSED ON THE 3RD DAY OF MARCH, 1980, THAT RELATES TO PERMITS AND OTHER REGULATORY MATTERS GOVERNING THE USE OF ALARMS, WHICH ORDINANCE NO. 1299 WAS AMENDED BY ORDINANCE NO. 1970 PASSED ON FEBRUARY 17, 1992, BY AMENDING SECTION 3(B) RELATING TO LOCAL ALARM SYSTEMS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Vol. 63, Page 23 D.2 CONSENT D.3 CONSENT DA CONSIDER ADOPTING RESOLUTION NO. 92-140 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH ARTLEY OWEN GARRITSON, A CORPORATION AND DIVISION OF OWEN/GARRITSON, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Artley Owen Garritson has satisfactorily performed advertising services for the tourism program for the 1991-92 program year. The Professional Service Agreement with Artley Owen Garritson is for the 1992-93 fiscal year. The total advertising budget for the 1992-93 contract will be $260,000 and the fee will be $39,000 leaving a balance of $221,000 for direct media placement and productions. The staff recommends the approval of Resolution No. 92-140 authorizing execution of a Professional Service Agreement with Artley Owen Garritson a division of Owen Garritson, Inc. a Texas Corporation. Mayor Blair explained these funds were from the hotel/motel tax. Mayor Blair explained that customers who stay in hotels actually pay this tax. Mayor Pro Tem Phelps asked if the percentage was the same as last year. Norma Nichols, Director of Economic Development, stated the percentage is exactly the same as last year. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", authorized execution of a Professional Service Agreement with Artley Owen Garritson a division of Owen Garritson, Inc. a Texas Corporation. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. City Manager Richard Escalante stated he had attended the ICMA Conference and found the meetings very informative. Mr. Escalante stated prior years had subject matters that were more appropriate for our community. Mr. Escalante stated it gave cities an opportunity to exchange ideas and programs. D.6 CITIZEN PARTICIPATION. Mildred Rogers, 14440 Shoredale, stated she could not see the justice in raising these rates and felt they were unfair. Ms. Rogers stated she has a large yard with a swimming Vol. 63, Page 24 pool and her bill did not reflect the discount. Ms. Rogers stated she had understood that the higher users of water would receive a discount on their water bill. Mayor Blair stated the past several years the City has subsidized the water rate increases imposed by Dallas. Mayor Blair stated tax money had helped pay for the increases. Mayor Blair explained in the neighborhood meetings the City Council had explained to citizens that the City of Farmers Branch would either have to raise taxes or raise the sewer rates or make the system pay for itself. Mayor Blair explained the citizens chose to raise the rates rather than raise taxes. Mayor Blair stated the rate system is set up that only big commercial users get a discount. Ms. Rogers stated she had a complaint against an animal control policy of trapping cats. Ms. Rogers felt the traps were unfair. Ms. Rogers stated she had been feeding a cat that had been treated very badly by humans. Ms. Rogers stated the cat had been missing for several days and called the shelter. Ms. Rogers explained she was told her cat was not at the shelter but decided to check the shelter anyway. Ms. Rogers stated her cat was at the shelter and paid the fee to get the animal out. Ms. Rogers explained the cat is now missing again and has checked the shelter but it is not there. Ms. Rogers thinks they may have put the cat to sleep. Ms. Rogers stated she is not complaining about the animal control officers but she thinks it is not fair they are put in little cages before they are put to sleep. Tom McDougald, Environmental Health Officer, stated the City does have an ordinance that allows citizens to check out traps from the shelter to capture stray animals. Mr. McDougald stated it was very difficult for animal control personnel because some citizens feel the officers are not aggressive enough in catching stray animals and other citizens feel the officers are trying hard to catch these animals. Mr. McDougald stated he would check on Ms. Rogers cat to see if it might have been picked up. Mr. McDougald stated the cages for cats are standard in size. Mr. McDougald stated that if an overflow of animals occur, some may be put in the quarantine room which does have smaller cages. Councilwoman Davis asked why the City did not register animals that live in Farmers Branch. Mr. McDougald stated the City has an ordinance which states animals are considered licensed with the City of Farmers Branch if they have a current rabies vaccination tag. Mr. McDougall made a plea to animal owners to keep current rabies tags on their animals so the City could get their animals home safe. MAYOR'S ANNOUNCEMENT Mayor Blair made a motion that there be no meeting on October 5th and that there would be only one meeting in October and that being on October 19th. Councilwoman Davis Vol. 63, Page 25 seconded the motion with all voting "aye". MAYOR BLAIR ANNOUNCED THAT ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 7:15 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:35 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION WERE RECESSED UNTIL THE 7:30 P.M MEETING. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEM AS PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.la DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) 1. DISCUSS PENDING LITIGATION OF COMPLAINT OF WALKER PROJECT INC. VS. CITY OF FARMERS BRANCH. Mayor Blair announced that the Attorney John Boyle presented a status report on the pending litigation of Walker Project, Inc. vs. City of Farmers Branch in the Executive Session. E.2 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary on discussion of litigation in the Executive Session. 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 28, 1992, at 9:00 P.M. Mayor City Secretary Vol. 63, Page 26