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1988-04-18 CC Minutes (2)CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 01/18/88 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers John D. Dodd Bob Phelps John Dunagan Calla Davis Dave Blair Herb Weidinger The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter City Attorney John Boyle City Secretary Ruth Ann Parish Director of Community Services Tom Scales Director of Public Works Earl Deland City Engineer Jerry Murawski Director of Parks & Recreation John Burke Fire Chief Jack Dyer Traffic Engineer Larry Cervenka Recording Secretary Julie Parker Mayor Pro Tem Phelps called the City Council Meeting of January 18, 1988 to order at 7:32 p.m. The meeting was televised. A.1 INVOCATION Councilman Weidinger gave the invocation and led in the Pledge of Allegiance. A.2 COMMENDATION AWARD TO JOHN DANDOIS OF THE FARMERS BRANCH FIRE DEPARTMENT. Mayor Pro Tem Phelps explained that John Dandois grew up in Farmers Branch, and graduated from R. L. Turner High School. On June 15, 1984, John began employment with the Fire Department as a Fire and Emergency Service Officer. Vol. 54, Paqe 87. John began his paramedic training on Sept. 2, 1987 at the University of Texas Health Science Center in Dallas with 39 students from other area Fire Departments. On January 15, 1988, John graduated with a final grade of 96.45, and was selected as the class valedictorian. Mayor Pro Tem Phelps presented John with the commendation award. John was joined by his parents and children for the award presentation. A.3 PRESENTATION OF SERVICE AWARDS A. 3a. Mayor Pro Tem Phelps presented Pam Galloway of the Staff Services Department with a 5-year employee service award. A. 3b. Mayor Pro Tem Phelps presented Richard Gault of the Data Processing Department with a 5-year employee service award. A. 3c. Mayor Pro Tem Phelps presented David Ricketts of the Fire Department with a 5-year employee service award. A.4 PRESENTATION OF BOARD APPLICATIONS. Mayor Pro Tem Phelps explained that this item gives applicants an opportunity to present board applications to the City Council. No one presented a board application to the Council. COUNCILMAN DUNAGAN STATED THAT HE WOULD LIKE TO PUBLICLY ANNOUNCE THAT HE IS NOT PLANNING TO SEEK RE-ELECTION FOR A CITY COUNCIL SEAT IN THE UPCOMING ELECTIONS. Councilman Dunagan stated he is going to spend more time with his family and encouraged Farmers Branch citizens to become involved in their city government. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tem Phelps explained that under the title of consent 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 being established in order to speed up discussion for those items that need more time for discussion. Vol. 54, Page 88. Councilman Dunagan moved to add items D.1, D.2, D.4, D.5 and D.6 to the Consent Agenda Items. Councilman Blair seconded the motion and all voted "aye". Councilman Dunagan moved to accept the Consent Agenda as modified. Councilman Blair seconded the motion and all voted "aye". B.1 APPROVED MINUTES OF REGULAR MEETING OF JANUARY 4, 1988. B.2 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE GABION TREATMENT ON COOKS CREEK IMMEDIATELY SOUTH OF FYKE ROAD. B.3 AUTHORIZED APPROVAL OF THE FILL PERMIT FOR CONSTRUCTION OF A GABION RETAINING WALL ALONG COOKS CREEK IMMEDIATELY SOUTH OF FYKE ROAD. B.3 APPROVED AUTHORIZING ADVERTISEMENT FOR BID FOR A NEW OFF-PREMISE TELEPHONE SYSTEM. D.1 APPROVED UPGRADING THE KITCHEN AT THE DODSON HOUSE FOR LIMITED FOOD SERVICE CAPABILITIES. D.2 APPROVED RESOLUTION NO.88-017 TO DISCONTINUE TOUR FEES AT THE HISTORICAL PARK UNTIL JUNE 1, 1988, AND ESTABLISH A MONETARY DONATION PROCEDURE FOR ARTIFACTS. D.4 APPROVED RESOLUTION NO. 88-015 AUTHORIZING THE CITY POLICE DEPARTMENT TO OPERATE POLICE VEHICLES WITHOUT CITY MARKINGS. D.5 ADOPTED ORDINANCE NO.1752 AMENDING ORDINANCE NOS. 1209 AND 1462 OF THE CITY OF FARMERS BRANCH, TEXAS PROVIDING FOR THE LEVY OF A HOTEL/MOTEL OCCUPANCY TAX BY AMENDING SECTION 1 RELATING TO DEFINITION OF TERMS; BY AMENDING SECTION 3 RELATING TO PENALTIES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING ORDINANCE NOS. 1209 AND 1462 OF THE CITY OF FARMERS BRANCH, TEXAS PROVIDING FOR THE LEVY OF A HOTEL/MOTEL OCCUPANCY TAX BY AMENDING SECTION 1 RELATING TO DEFINITION OF TERMS; BY AMENDING SECTION 3 RELATING TO PENALTIES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE." D.6 ADOPTED ORDINANCE NO. 1754 FOR DESIGNATING A SCHOOL ZONE AND ADDITIONAL CROSS WALK ON ROSSFORD STREET ACROSS FROM THE WORD OF FAITH PARKING LOT. Vol. 54, Page 89. "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1210 SECTION 3; BY DESIGNATING SCHOOL SPEED ZONE LIMITS ON ROSSFORD STREET; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY." C.1 CITY MANAGER REPORTS. City Manager Richard Escalante stated relative to a newspaper article that concerning the Denton Drive Bridge and Cooks Creek area. This was a ma, immediately upon being notified. The Jerry Murawski, City Engineer forward to actions were taken was published Sunday other bridges in the tter Staff addressed City Manager called deliver a report. Mr. Murawski stated he and the City Manager examined the bridge on Sunday, and Monday morning the Engineering Department picked up an inspection report from the state, and they brought in a structural engineer to help in the evaluation to find out the significance of the newspaper article and the inspection report. The report is preliminary. Based on the accident that happened at Lake Ray Hubbard during the ice storm, the Dallas Morning News did some investigations and went to the state. The state is right in the middle of their annual bridge inspections and assessments program. Because the bridge evaluation has some subjectivity to it and before they start condemning any bridges the state usually has two other evaluations by other personnel. Mr. Murawski stated that because the City wanted to protect the citizens, the City did bring on Bridgefarmer & Associates to inspect the Denton Drive bridge over Cooks Creek. At the same time the Engineering Department had them inspect two other bridges which are reinforced box culverts. These are the Bee Street culvert over Cooks Creek and the Longmeade Drive culvert over Rawhide Creek. Based on the preliminary assessment, they did suggest that on Denton Drive and on Longmeade that the City load restrict the Culverts or bridges to 15,000 pounds per axle, and that action will be taken Tuesday, January 19, 1988. The Engineering Department will request that the Street Department erect the load limit signs on these two bridges. The Engineering Department will come back before the City Council with an ordinance at the next City Council meeting formally authorizing the load restrictions. Mr. Murawski stated that additionally the City is working on a replacement program. The City already has some design plans completed for the Denton Bridge but for cost effectiveness they are also going to be looking at reinforced concrete box culvert bridge that could be more economical. The Engineering Department hopes to have a decision made and an implementation plan by Friday. Vol. 54, Page 90. Returning to the City Manager's report, Mr. Escalante stated that the City Council had received copies of the Comprehensive Plan and the Staff will be reviewing that plan. Four copies have been placed in the Library with one copy being retained as a reference document. The City Manager stated that at the same time as reviewing the Comprehensive Plan the Staff has been working on budget revisions and those revisions will be presented to the City Council by the end of January. Included in that will be a tracking system of capital improvement projects which the Council has asked for. The City Manager gave an informative report on other programs and projects of various departments of the City. C.2 PUBLIC HEARING: CONSIDER REQUEST OF THE DALHO CORP. FOR A SPECIFIC USE PERMIT FOR A FUEL FACILITY IN PLANNED DEVELOPMENT ZONING DISTRICT NO. 22 ON PROPERTY LOCATED AT 1885 VALLEY VIEW LANE; AND TO CONSIDER AN AMENDMENT TO THE THOROUGHFARE PLAN TO DELETE A PROPOSED NORTH SOUTH SECONDARY STREET PRESENTLY ON THE THOROUGHFARE PLAN, AND TAKE APPROPRIATE ACTION. Dalho Corporation proposes to construct a commercial truck leasing facility which would have three pump islands for dispersion of fuel. The applicant is also requesting the deletion of a north-south secondary street from the current Thoroughfare Plan. The street would require a 32 foot ROW dedication along the western property line of this site. The Planning and Zoning Commission, by a 3-1 vote with one abstention, recommends the Thoroughfare Plan not be amended and also that the SUP not be approved because the 32 foot R.O.W. dedication for the north-south street is not shown on the site plan. Mayor Pro Tem Phelps opened the Public Hearing. Bill Clark, Attorney representing Dalho, a subsidiary of UPS, came forward to request that this item be continued until the next City Council meeting to give Dalho, the City, and an adjacent property owner an opportunity to come to some kind of an agreement on the Thoroughfare Plan. Councilman Blair moved to continue the Public Hearing until the February 1, 1988 City Council meeting. Councilman Weidinger seconded the motion and all voted "aye". C.3 CONSIDER APPROVING REVISED DESIGN DEVELOPMENT DOCUMENTS FOR THE NEW CITY HALL AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Phelps explained that revisions to the first set of design development documents for the New City Hall were Vol. 54, Page 91. required to facilitate interdepartmental operations and the interfacing of City offices with the public. The design contract with F & S Partners requires City Council approval of the design development documents before the Architect can proceed with construction document preparation. The City Engineer recommends approval of the revised design development documents. Councilman Blair made a motion to approve the revised design development documents for the New City Hall as presented by the Staff and F. & S. Partners. Councilwoman Davis seconded the motion and all voted "aye". MAYOR JOHN DODD ENTERED THE COUNCIL CHAMBER, AND MAYOR PRO TEM PHELPS TURNED THE MEETING OVER TO MAYOR DODD. D.1 Consent Agenda D.2 Consent Agenda D.3 TO CONSIDER RESOLUTION NO.88-016 GOVERNING THE OPERATION AND USE OF THE HISTORICAL PARK AND ITS FITTTTSITATC Mayor Dodd explained that members of the Historical Preservation & Restoration Board and the City Council met on January 4 to discuss the role and operation of the Historical Park. Resolution 88-016 embodies the results of that discussion. The Parks & Recreation Department recommends approval of Resolution No. 88-016. Councilman Weidinger requested that Mayor Dodd read Resolution No. 88-016. Mayor Dodd read the resolution. Councilman Phelps moved to approve Resolution No. 88-016, Example B, as amended governing the operation and use of the Historical Park and its buildings. Councilman Weidinger seconded the motion and all voted "aye". D.4 Consent Agenda D.5 Consent Agenda D.6 Consent Agenda D.7 CONSIDER ADOPTING RESOLUTION NO. 88-001 AWARDING THE BID FOR THE CITY'S BANK DEPOSITORY CONTRACT - OPERATING TO FIRST CITY BANK - FARMERS BRANCH. COUNDILMAN DUNAGAN AND COUNCILMAN BLAIR REMOVED THEMSELVES FROM THE COUNCIL CHAMBERS DUE TO A POSSIBLE CONFLICT OF INTEREST. THE APPROPRIATE PAPERS WERE FILED. Vol. 54, Page 92. Mayor Dodd explained that the City is required by law to have a depository contract with a financial institution located within the city limits. In accordance with State law, the City advertised and accepted bids for the Municipal Depository Contract. Deloitte Haskins & Sells, the City's consultant, prepared a Request for Proposal which was delivered to six qualifying banks: Texas American Bank, Park West Bank, Centre National Bank, First City Bank, Metropolitan National Bank, and Town North Bank. The proposal allowed a bank to submit a bid as the operating bank (providing full banking services), as a participating bank (providing investment services through certificates of deposits) or as both. An operating bid was received from First City Bank. The Council decided to readvertise for bids for the Bank Depository Contract - Participating. A bid was received from Centre National Bank. At the Council meeting on December 21, 1987, Council rejected the bid from Centre National Bank for the Bank Depository Contract - Participating and granted Staff 30 days to negotiate the Bank Depository Contract - Operating submitted by First City Bank - Farmers Branch. City Manager Richard Escalante gave an update on the dispute and asked that this item be tabled until the next City Council meeting on February 1, 1988, and requested an extension on the existing depository contract until February 1, 1988. Councilwoman Davis moved to postpone the bids for the depository contract until the next City Council meeting, February 1, 1988 and extended the existing depository contract with First City Bank until February 1, 1988. Councilman Phelps seconded the motion and all voted "aye". COUNCILMEN DUNAGAN AND BLAIR RE-ENTERED THE COUNCIL CHAMBERS. D.8 CONSIDER ADOPTING RESOLUTION NO. 88-010 REJECTING THE BIDS FOR A REPLACEMENT VACUUM TYPE SEWER MACHINE FOR THE UTILITY DEPARTMENT. Mayor Dodd explained that eight bids were received for a replacement truck mounted Vacuum Type Sewer Machine for the Utility Department. Two bids from Texas Underground met specifications. Three bids met specifications except that they had steel water tanks instead of plastic water tanks. It is felt that since there is only one vendor that can meet specifications, the bids should be rejected and additional research of options be explored before placing this item out to bid again. $135,000 was budgeted in the 1987-88 budget for a Vacuum Type Sewer Machine. The Assistant City Manager recommended that Resolution No. 88-010 be adopted rejecting bids for a Vacuum Type Sewer Machine. Vol. 54, Page 93. Councilman Phelps moved to approve Resolution No. 88-010 rejecting the bids for a replacement vacuum type sewer machine for the Utility Department. Councilman Blair seconded the motion and all voted "aye". D.9 CONSIDER ADOPTING RESOLUTION NO. 88-005 AWARDING THE BID FOR THE PURCHASE OF FOUR VEHICLES TO STEAKLEY CHEVROLET OF DALLAS FOR $48,882.69 AND TAKE APPROPRIATE ACTION. Mayor Dodd described the equipment that was bid and the amount budgeted by department or division and the bid amount as listed below: DESCRIPTION 1-1988 Down-size Pickup 1-1988 1 Ton Pickup w/Fleet side Bed 1-1988 1 Ton Pickup w/Utility Bed 1-1988 3/4 Ton Pickup EQUIP.SERVICES Fleet Maintenance PARKS Maintenance PARKS Maintenance PUBLIC WORKS Sanitation $10,000.00 $14,300.00* $19,500.00* $9,490.57 $12,983.00 $15,048.56 $14,100.00 Fifteen request for bids were mailed, 6 vendors All but 2 bids met specifications. DEPARTMENT/DIV. BUDGETED AMT. BID AMOUNT $11,300.00 responded. LJ The Equipment Services Department recommends that the bid in the amount of $48,822.69 be awarded to Steakley Chevrolet by adoption of Resolution No. 88-005. Councilman Weidinger moved to adopt Resolution No. 88-005 awarding the bid for the purchase of four vehicles to Steakley Chevrolet of Dallas in the amount of $48,882.69. Councilman Dunagan seconded the motion and all voted "aye". D.10 CONSIDER ADOPTING RESOLUTION NO. 88-004 AWARDING THE BID FOR A REPLACEMENT REFUSE COLLECTION TRUCK TO BOND EQUIPMENT COMPANY. Mayor Dodd explained that bids were received on December 8, 1987 for a replacement side loader refuse collection truck for the Sanitation Division. Five vendors submitted a total of sixteen bids. The lowest bid was submitted by Bond Equipment Company in the amount of $84,822.00. This bid was for a new 1986 Crane Carrier truck with a Maxon packer body. The specifications requested a new 1988 Model truck. Funds are included in the 1987-88 budget for the purchase of this replacement truck in the amount of $98,000.00. The Public Works Department recommends that Resolution No. 88-004 be adopted that awards the bid for a replacement side Vol. 54, Page 94. loader refuse collection truck to Bond Equipment Company in the amount of $84,822.00. Councilwoman Davis moved to adopt 88-004 to award the bid for a replacement refuse collection truck to Bond Equipment Company in the amount of $84,822.00. Councilman Weidinger seconded the motion and all voted "aye". D.11 CONSIDER ADOPTING RESOLUTION NO. 88-014 AWARDING THE BID FOR A TRAILER MOUNTED STORM WATER PUMP. Mayor Dodd explained that bids were received on January 11, 1988 for the purchase of a trailer mounted storm water pump for the Landfill Division. Three bids were received. The lowest and best bid was received from Barco Incorporated in the amount of $9,500. Funds are included in the FY 1987/88 budget for the acquisition of this pumping unit in the amount of $11,300. The Public Works Department recommends that Resolution No. 88-014 be adopted that awards the bid for the purchase of a trailer mounted pump to Barco, Incorporated in the amount of $9,500.00. Councilman Blair moved to adopt Resolution No. 88-014 awarding the bid for a trailer mounted storm water pump for the Landfill Division to Barco Incorporated in the amount of $9,500.00. Councilman seconded the motion and all voted "aye". D.12 CONSIDER ADOPTING RESOLUTION NO. 88-011 AWARDING THE BID FOR THE ANNUAL SUPPLY OF FINE CONCRETE AGGREGATE TO VULCAN MATERIALS COMPANY AND FOR COARSE CONCRETE AGGREGATE TO GIFFORD-HILL COMPANY, INC. Mayor Dodd explained that bids were received on January 5, 1988 for the annual supply of fine and coarse concrete aggregates for the Street Division. These aggregates are component materials needed to make concrete in the City's batch truck. Four bids were received. The lowest and best bid for fine aggregate was received from Vulcan Materials Company in the amount of $9.11 per ton for an estimated total annual cost of $5,466.00. The lowest and best bid for coarse aggregate was received from Gifford-Hill Company, Inc. in the amount of $9.53 per ton for an estimated total annual cost of $7,147.50. The total estimated annual cost of both contracts is $12,613.50. These contracts are unit price contracts and the material is ordered on an as-needed basis. The estimated total annual quantity of fine aggregate is 600 tons and coarse aggregate is 750 tons. Funds are included in the 1987-1988 budget in the amount of $20,000.00 for the purchase of the annual supply of these materials. The unit price of last years contract for these materials was $7.71 for fine aggregate and $9.91 for coarse aggregate. Vol. 54, Page 95. The Public Works Department recommended that Resolution No. 88-011 be adopted that awards the bid for the annual supply of fine concrete aggregate to Vulcan Materials Company in the amount of $9.11 per ton for a total of $5,466.00 and for coarse concrete aggregate to Gifford-Hill Company, Inc. in the amount of $9.53 per ton for a total of $7,147.50. Councilman Blair commented that there was a significant difference in price on one item and requested that the City Manager look into the economy of this batch truck and see if we are getting our money's worth. Councilman Phelps stated the bid is $8,000.00 under budget. Councilman Phelps moved to adopt Resolution No. 88-011 awarding the bid for the annual supply of fine concrete aggregate to Vulcan Materials Company for an estimated total annual cost of $5,466.00 and for coarse concrete aggregate to Gifford-Hill Company, Inc. for an estimated total annual cost of $7,147.50. Councilwoman Davis seconded the motion and all voted "aye". D.13 CONSIDER ADOPTING RESOLUTION NO. 88-012 AWARDING THE BID FOR ANNUAL SUPPLY OF BULK CEMENT FOR THE STREET DIVISION TO TEXAS INDUSTRIES, INC. Mayor Dodd explained that Bids were received on January 5, 1988 for the annual supply of bulk cement for the Street Division. Bulk cement is a component material used to make concrete in the City's concrete batch truck. Five bids were received. The lowest and best bid was from Texas Industries, Inc. at a unit price of $39.20 per ton for an estimated annual cost of $7,840.00. This contract is a unit price contract and the cement will be ordered on an as needed basis. The estimated annual quantity is 200 tons. Funds are included in the 1987-1988 budget in the amount of $10,000.00 for the purchase of the annual supply of this material. The unit price of last years contract was $48.00 per ton. The Public Works Department recommended that Resolution No. 88-012 be adopted that awards the bid for the annual supply of bulk cement to Texas Industries, Inc. in the amount of $39.20 per ton. Councilwoman Davis moved to approve Resolution No. 88-012 awarding the bid for an annual supply of bulk cement for the Street Division to Texas Industries, Inc. in the amount of $39.20 per ton for an estimated annual amount of $7,840.00. Councilman Blair seconded the motion and all voted "aye". D.14 CONSIDER ADOPTING RESOLUTION NO. 88-018 AWARDING THE BID FOR REFUSE SACKS TO STONE CONTAINER CORPORATION. Mayor Dodd explained that bids were received on January 12, 1988 for the annual supply of paper refuse sacks. Two bids Vol. 54, Page 96. L F- L,I r were received. The lowest and best bid received for printed sacks was from Stone Container Corp. in the amount of $287,340.00. Funds are included in the 1987-88 budget in the amount $320,000.00. The Public Works Department recommended that Resolution No. 88-018 be adopted that awards the bid for the annual supply of printed paper refuse sacks to Stone Container Corporation in the amount of $287,340.00. Councilman Phelps moved to approve Resolution 88-018 awarding the bid for an annual supply of refuse sacks to Stone Container Corporation in the amount of $287,340.00. Councilman Weidinger seconded the motion and all voted "aye". D.15 CONSIDER ADOPTING RESOLUTION NO. 88-019 WHICH AMENDS AND REVISES THE CITY COUNCIL ACTION ON RESOLUTION NO. 88-002 CONCERNING THE LEASE PURCHASE OF A LANDFILL SCRAPER FROM DARR EQUIPMENT. Mayor Dodd explained that at the City Council meeting of January 4, 1988, Resolution No. 88-022 was adopted which awarded the bid for a Landfill Scraper to Darr Equipment Company. The decision to award the bid was based on information that a $150,000.00 repurchase option would be exercised if the machine we were replacing has been used less than 5,000 hours. Further research indicates that the guaranteed repurchase is instead $78,538.00 The machine can also be used up to 7,500 hours. The difference in the repurchase amount means that it is economically feasible to keep our current machine to the end of the lease and then exercise the $150,000.00 repurchase option. The Public Works Director recommended that Resolution No. 88-019 be approved repealing Resolution No. 88-022 that awarded the bid for a Scraper to Darr Equipment Company. Councilwoman Davis moved to approve Resolution No. 88-019 repealing Resolution No. 88-022 that awarded a bid for a replacement scraper for the Landfill Division to Darr Equipment Company. Councilman Weidinger seconded the motion and all voted "aye". D.16 CONSIDER COUNCIL TRAVEL REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that this item is placed on the agenda for Council discussion and consideration. Mayor Dodd requested permission to attend the annual meeting of the U. S. Conference of Mayors in Washington, D.C. Wednesday, January 20, 1988 through Friday, January 22, 1988. Mayor Dodd explained that he is the chairman of a subcommittee on highway safety. Vol. 54, Page 97. Councilman Blair moved to approve funds to be made available for the Mayor's trip to Washington, D.C. to attend the annual conference of the U. S. Conference of Mayors January. 20 through January 22. Councilman Phelps seconded the motion and all voted "aye". D.17 CITIZEN PARTICIPATION. Mr. Allen Jennings, 2290 Springlake, Suite 107, Farmers Branch, came forward representing U.S.A. Today and stating his business had been denied cable service from Heritage Cable. Heritage claimed this location is remote or isolated and this would mean a charge of $3,000.00 to run cable to Mr. Jenning's business location. Mr. Jennings does not feel this area of Farmers Branch is remote or isolated and is requesting the City Council to review the matter and have the City Attorney review the matter and the City's contract with Heritage Cable. John Boyle, City Attorney, stated there are two questions involved, that of remoteness and that of rates. Mr. Boyle said that Section 2 of the cable franchise as amended does permit the company to establish a separate charge; however, the City Attorney stated he agrees with the applicant that this area would not be considered as remote since it is an office park of 30 businesses. Mr.'Scott Stevens came forward to represent Heritage Cable and stated he does not feel there are really 30 potential subscribers in that area. He does not feel that it would be economically viable for Heritage Cable to absorb the cost of running the cable to Mr. Jenning's location. Councilman Weidinger suggested the two gentlemen get together along with the City Attorney and the owners of Mr. Jenning's building and come back to the Council with this matter as an agenda item in the near future so the City Council could take some action. Mr. Stevens stated he would like the opportunity to market the area and explore the opportunities. [1 Since no one else wished to speak Mayor Dodd closed the Citizen's Participation portion of the meeting. STUDY SESSION EXECUTIVE SESSION RECONVENED FOR COUNCIL. THE COUNCIL CONTINUED THE 3:00 P.M. EXECUTIVE SESSION OF THE STUDY SESSION UNTIL THIS REGULAR COUNCIL MEETING AT 7:30 P.M. FOR ACTION. A. DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17. SEC. 2(g) 1. REVIEW OF PERFORMANCE AND LETTER OF AGREEMENT RELATIVE TO THE CITY MANAGER. MAYOR Dodd explained that the City Council did conduct the Vol. 54, Page 98. review of the City Manager's Council's action. Councilman Weidinger moved to salary from $68,000 to $71, Manager's letter. Councilman all voted "aye". performance and called for the increase the City Manager's 300 as outlined in the City Phelps seconded the motion and Councilman Blair stated that as a part of the agreement the City Council did agree that a review criteria would be established. Councilman Blair moved that the Council obtain an outside consultant to establish criteria for the City Manager's performance review and that a policy be set to review the performance each February. Councilwoman Davis seconded the motion and all voted "aye". The Mayor and the Council members commended City Manager Richard Escalante for his performance in the short time he has been in the city. APPOINTMENTS TO THE FARMERS BRANCH HISTORICAL PRESERVATION AND RESTORATION BOARD CONSIDERED IN OPEN SESSION. Councilman Blair made a motion to reappoint the following to serve another term on the Historical Preservation and Restoration Board: Place 3, Glenna Grimmer; Place 4, Ron Doeler; and, Place 5, Jane Moreno. Councilman Phelps seconded the motion and all voted "aye". MAYOR DODD ANNOUNCED 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 CONTINUED FROM STUDY SESSION B. DISCUSS PENDING AND CONTEMPLATED LITIGATION -ARTICLE 6252-17 , SEC. 2(E) 1. DISCUSS CITY VS CINEMA SHOWCASE THEATRE AND REVIEW STATUS BY THE CITY ATTORNEY. A discussion was held on the status of the City VS Cinema Showcase theatre by the City Attorney with the members of the City Council. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 NO ACTION WAS NECESSARY ON ITEM DISCUSSED IN THE EXECUTIVE SESSION RELATIVE TO LITIGATION. Vol. 54, Page 99. i I F.1 A motion Weidinger Council at ADJOURNMENT. by Councilman adjourned the 9:11 P.M. N(ayor John Dodd City Secretary Blair and a second by Councilman January 18, 1988 meeting of the City Vol. 54, Page 100.