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1991-11-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING NOVEMBER 4, 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 November, 4, 1991 to order at 7:30 P.M.. The meeting was televised. Vol. 61, Page 88 Mayor Blair introduced Troop 734, Pack 1 and their leaders. Mayor Blair stated Troop 734, Pack 1 will lead the pledge of allegiance after the invocation. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tem Moses gave the invocation. Cub Scout Troop 734, Pack 1 then led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTING A $1,500.00 DONATION FROM SAVINGS OF AMERICA TO BE USED FOR A SENIOR CITIZEN'S GAMES NIGHT AT THE SENIOR ADULT ACTIVITY CENTER. Mayor Blair presented the following information for consideration. Savings of America would like to provide the funds to hold a Senior Citizen's Games Night. The Games Night would be from 7:00 p.m. to 10:00 p.m. on January 11, 1992. The funds provided by Savings of America will cover the cost of equipment rental and prizes. If accepted, this will be the third consecutive year Savings of America has made a donation to the senior program. In 1990, funds were donated for a trip to the State Fair Music Hall to see the "Nutcracker. " In 1989 funds were donated for a trip to Christmas in the Park at Six Flags over Texas. The Parks and Recreation Director recommends accepting the $1,500.00 donation from Savings of America to be used for a Senior Citizen's Games Night. Mrs. Martie Matheidas, Assistant Vice President of Savings of America, presented Mayor Blair with a check for $1,500.00 for a senior citizen's games night at the Senior Adult Activity Center. A motion by Councilman Binford, a second by Mayor Pro Tem Moses, all voting "aye", accepted the $1,500.00 donation from Savings of American. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a twenty year employee service award to Barbara Hess of the Police Department. Mayor Blair presented a ten year employee service award to Cathy Fettke of the Library. Mayor Blair presented a five year employee service award to Larry Butler of the Parks and Recreation Department. Vol. 61, Page 89 Mayor Blair presented a five year employee service award to Janet Young of the Library. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.2. 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. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF OCTOBER 21, 1991. B.2 ADOPTED RESOLUTION NO. 91-166 APPROVING CHANGE ORDER NO. 5 RELATIVE TO A CONSTRUCTION CONTRACT WITH EAGLE CONTRACTING CORPORATION, FOR THE CONSTRUCTION OF THE WICKER STREET 5MG GROUND STORAGE RESERVOIR. 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 A REQUEST FROM DALLAS TAYLOR, ON BEHALF OF STOR, TO CONSIDER AMENDING THE PLANNED DEVELOPMENT NUMBER 51 ZONING DISTRICT (PD-51) AND APPROVAL OF AN ASSOCIATED SITE PLAN FOR A RETAIL SHOPPING CENTER AT THE NORTHWEST CORNER OF LBJ FREEWAY AND MIDWAY ROAD AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. This item was continued at the Council's October 21, 1991 meeting in order to allow Staff and the applicant additional time to prepare the final zoning amendment and complete the site plan. PD-51 includes approximately 17.5 acres of land and is located at the northwest corner of Midway Road and LBJ Freeway. The subject property is the former site of the Treasury Department Store and is presently being used by American Airlines as a Vol. 61, Page 90 temporary park and ride facility. PD-51 currently limits principal land uses to office and office-related uses. The proposed amendment would allow a variety of retail uses as principal uses, in addition to the office uses, and modify the existing development standards to better accommodate a retail shopping center. The proposed site plan would allow approximately 260,000 square feet of retail floor space. Both the proposed zoning amendment and the proposed site plan are consistent with the objectives of the Comprehensive Plan. The Planning and Zoning Commission, by unanimous vote, recommends the proposed zoning amendment be approved as submitted and the proposed site plan be approved with the condition that a "headache" bar be installed at the Blue Lake Circle driveway to prohibit truck access. Mr. Mike Salmon, MPR Architects, representing Stor came forward. Mr. Salmon explained the concept of a power center. Mr. Salmon stated high volume tenants are in power centers such as Wal-Mart, Home Depot, and Toys R Us. Mr. Salmon explained power centers range from 16 acres to 60 acres. Mr. Salmon stated power centers are in direct visual contact with high volume streets. Mr. Salmon stated other retail areas are proposed in future development of this site. Mr. Salmon stated among the development are restaurants to be located in the front of the development facing Valley View. Mr. Walt Mitchell, with Stor, came forward. Mr. Mitchell stated the first location opened in 1987. Mr. Mitchell stated Stor now has 4 operational locations. Mr. Mitchell then presented a slide presentation showing the inside and outside of a Stor facility. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", closed the public hearing. Mayor Blair asked Tom Scales to come forward and explain the meetings with Stor and the Planning and Zoning Commission's recommendation. Mr. Tom Scales stated that Mr. Michael Spicer had been the Staff representative assisting Stor with the zoning process and could better answer any questions. Mayor Blair asked Mr. Spicer what landscaping requirements were required of Stor. Mr. Spicer stated the general landscaping requirement for the City was 5 percent, but this PD zoning district required 10 percent. Mr. Spicer stated Stor is willing to exceed this Vol. 61, Page 91 amount with 12 percent landscaping. Mr. Spicer stated Stor had agreed to decrease their signage from 50 feet to 40 feet. Mr. Spicer stated one property owner had concern over the height of the southeast corner of the Stor facility. Mr. Spicer stated the Planning and Zoning Commission felt this was not a problem. Mr. Spicer stated the only condition the Planning and Zoning Commission put on this site was a "headache bar" be placed over the driveway to prevent trucks from entering into Blue Lake. Mayor Blair asked if the pad sites would be constructed the same time as the Stor facility. Mr. Spicer stated they would not, but all landscaping would be installed at these pad sites. Mayor Blair asked if any traffic studies of the area had been conducted. Mr. Dave Davis stated the City had done extensive studies over the years. Mr. Davis stated the most recent study included this development, which would have a negative affect on traffic in the morning and a minimal affect in the afternoon. Mr. Davis stated a right turn on southbound Midway compensates for the added capacity of traffic. Mrs. Norma Nichols, Director of Economic Development, stated the sales for Stor would gross 40 million the first year and the sales tax would be 1 % of that amount equalling $400,000. The ad valorem would be approximately $17,000 and personal property would be $44,000. Mr. Binford asked how trucks would access the facility for deliveries. Mr. Binford stated that if trucks were not allowed through Blue Lake, would deliveries be made from Valley View. Mr. Dave Davis showed members of the City Council the route trucks would take to enter and exit the complex. Mr. Davis stated the exiting trucks would have enough gaps in traffic to get onto Midway. Mr. Mitchell stated 8 to 10 deliveries would made each day with most being in the morning hours. A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, all voting "aye", adopted Ordinance No. 1965 approving the zoning amendment and site plan with the condition that a "headache bar" be installed at the Blue Lake Circle driveway to prohibit truck access. Vol. 61, Page 92 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; BY AMENDING ORDINANCE NUMBER 1761, WHICH ESTABLISHED SPECIFIC USE AND DEVELOPMENT STANDARDS FOR 18.3 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE MIDWAY ROAD AND LBJ FREEWAY INTERSECTION AND DESIGNATED SUCH AREA AS THE PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 51 (PD-51); ESTABLISHING REVISED USE AND DEVELOPMENT STANDARDS FOR 17.5 ACRES OF THE SAME PROPERTY AND DESIGNATING THIS PORTION AS PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 68; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILPTY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.3 CONSIDER REQUEST BY DOOR KING OF TEXAS, INC., ON BEHALF OF AETNA PROPERTY SERVICES, INC., FOR SITE PLAN APPROVAL OF VEHICULAR DRIVE GATES AT ALL ENTRANCES TO THE PROPERTY LOCATED AT 12200 STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 32 (PD-32) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The applicant would like to erect wrought iron gates, each five feet in height, at all five driveways serving the Interchange North Business Park development. The gates are intended to enhance site security by restricting vehicular access to the property. Pedestrian access to the property will remain essentially unaffected. On October 22, 1991 a variance was granted by the Zoning Board of Adjustment to allow the gates to be located in the required front yard. The Planning and Zoning Commission, by a vote of 6 to 1, recommends the site plan be approved as submitted. Ms. Paula Reece, representing Door King, was present to answer any questions. Councilman Phelps asked if the gates were automatic or manual. Ms. Reece stated the gate on Denton and the gate on Stemmons were automatic. The three remaining gates were to be manual. 0 Vol. 61, Page 93 A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 91-159 approving the site plan for Door King of Texas, Inc. D.1 CONSIDER CASTING VOTE FOR A REPRESENTATIVE TO SERVE ON THE DALLAS COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Dallas County Appraisal District submitted a resolution requesting the City Council to officially cast a vote for a representative to serve on the Board of Directors. Thomas Landrum has been nominated at a previous Council meeting. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 91-167 casting a vote for Thomas Landrum to serve on the Dallas Central Appraisal District Board of Directors. D.2 CONSIDER ADOPTING RESOLUTION NO. 91-152 AWARDING A BID TO REPAIR RUST AND REPAINT LADDER TRUCK TO POWERCO INDUSTRIES, INC., AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. In August of 1991, the City requested bids to repair rust and repaint the Fire Department's 1970 Model aerial ladder truck. No bids were received. The repairs were re-bid and sent to eight vendors. Five bids were received and opened on October 3, 1991. A review of the bids reveals that the lowest bidder, Tandem Truck Services did not satisfy the bid specifications. Tandem Truck Services bid was to replace the rusted metal with Dyna Glass and fiberglass, instead of new metal as stated in the specifications. The other four bidders met specifications. The lowest approved bid was submitted by Powerco Industries, Inc., in the amount of $14,982. References have been checked for Powerco Industries, Inc. and were found to be satisfactory. Originally, $15,000 was budgeted in the 1990-91 budget for these repairs. A total of $58,000 is budgeted for vehicle maintenance in the 1991-92 budget. With this expenditure and other projected costs, additional funds will probably be required at mid-year in the Fire Department's budget. The Fire Chief recommends adopting Resolution No. 91-152 awarding a bid to repair rust and repaint the aerial ladder truck to Powerco Industries, Inc., in the amount of $14,982.00. A motion by Councilman Binford, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 91-152 awarding a bid to repair rust and repaint the aerial ladder truck to Powerco Industries, Inc. in the amount of $14,982.00. Vol. 61, Page 94 D.3 CONSIDER ADOPTING RESOLUTION NO. 91-158 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH E.L. HENLEY FOR THE PURCHASE OF AN 1885 VICTORIAN HOUSE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Historical Park Masterplan calls for the addition of a Victorian House to be located east of the School and Church. An appropriate house has been located in Gainesville. On August 5, 1991, Council approved the purchase of the Victorian House, in an amount not to exceed $50,000. The staff and owner have negotiated a purchase price of $40,000. The closing date is November 14, 1991. In addition to this action, an Architectural Services Contract and a Professional Service Agreement will be necessary to relocate the house to a permanent foundation in the Historical Park. The Historical Preservation and Restoration Board and the Director of the Parks and Recreation Department recommend the adoption of Resolution No. 91-158 authorizing the City Manager to execute a contract with E.L. Henley for the purchase of an 1885 Victorian House. Councilman Phelps explained this project will be funded from the Hotel/Motel taxes. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 91-158 authorizing the City Manager to execute a contract with E. L. Henley for the purchase of an 1885 Victorian House. DA CONSIDER ADOPTING RESOLUTION NO. 91-153 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ARCHITECTURAL SERVICES AGREEMENT WITH THE FIRM OF JPJ ARCHITECTS, INC. IN AN AMOUNT NOT TO EXCEED $8,500 FOR THE RELOCATION OF AN 1885 VICTORIAN HOUSE TO THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Historical Park Masterplan calls for the addition of a Victorian House to be located east of the Church and School. An appropriate house has been located in Gainesville. On August 5, 1991, Council approved funding for the purchase and relocation of the Victorian House, in an amount not to exceed $149,000. Staff has negotiated a purchase price of $40,000, and closing is scheduled for November 14. Architectural Design Services will cost $8,500, and a Professional Services Agreement for relocation of the Victorian House to Farmers Branch is estimated at $90,000 for a total estimated project Vol. 61, Page 95 cost of $138,500. This contract is for design and engineering services for the permanent foundation. Additionally, the architect will oversee construction of the foundation and all plans of moving the house. The Historical Preservation and Restoration Board and the Director of the Parks and Recreation Department recommend adoption of Resolution No. 91-153 authorizing the City Manager to execute an Architectural Services Agreement with the firm of JPJ Architects, Inc. in an amount not to exceed $8,500 for the relocation of an 1885 Victorian House to the Historical Park. A motion by Councilman Pyle, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 91-153 authorizing the City Manager to execute an Architectural Services Agreement with JPJ Architects, for the relocation of an 1885 Victorian House to the Historical Park. D.5 CONSIDER ADOPTING RESOLUTION NO. 91-157 AWARDING THE 1991-92 CUSTODIAL SERVICE CONTRACT TO OMNI-CLEAN IN THE AMOUNT OF $77,032.60 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bid requests for the 1991-92 Custodial Services contract were mailed to 21 vendors on September 19, 1991 and three packets were picked up from the Purchasing Division. Nine companies attended the mandatory walk-through, only five submitted bids. Of the five bid packets received, all met specifications. The low bid is from Omni-Clean in the amount of $77,032.60 for basic services. Basic services include: nightly cleaning, trash removal, disinfecting, a floor treatment program, and a window cleaning program. Additional services will be paid for on an as needed basis to include: stripping, sealing and waxing of the slate floor at City Hall, carpet cleaning service, additional cleaning for special events and rentals, and outside cleanings. A total of $144,000 was budgeted in 1991/92 to cover basic custodial services and additional services as needed. This contract may be renewed for an additional one year period or up to five years by mutual agreement of the parties. References for Omni-Clean have been checked and responses were favorable. The Director of the Parks and Recreation Department recommends adopting Resolution No. 91-157 awarding the 1991-92 Custodial Service Contract to Omni-Clean in the amount of $77,032.60. Vol. 61, Page 96 Councilman Pyle asked if the current company servicing City Hall had bid. City Manager Richard Escalante stated the company did bid. Jeff Fuller, Director of Parks and Recreation, stated Tech Clean came in third highest bidder. Mr. Fuller stated Tech Clean's contract last year was $90,000. A motion by Councilman Pyle, a second by Mayor Pro Tern Moses, all voting "aye", adopted Resolution 91-157 awarding the 1991-92 Custodial Service Contract to Omni- Clean in the amount of $77,032.60. D.6 CONSIDER ADOPTING RESOLUTION NO. 91-162 AWARDING A BID FOR THE PURCHASE OF A REPLACEMENT LANDFILL COMPACTOR, MINUS WHEELS, LESS TRADE-IN OF AN EXISTING COMPACTOR TO DARR EQUIPMENT COMPANY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Staff reviewed with City Council during a Study Session meeting held August 19, 1991, the need for replacement landfill equipment. Staff indicated that operational requirements would limit vendors to those supplying Caterpillar equipment. Bid requests were mailed to four vendors and two bids were received and opened on October 25, 1991. Darr Equipment Company submitted the only qualified bid; one vendor submitted a "no bid," and two vendors declined to bid. The base bid for the compactor with compaction wheels is $283,695. An alternate bid was requested for a compactor without compaction wheels to determine if using the wheels from the existing compactor would be cost effective. The price of the alternate bid is $263,985. The bid also requested a trade-in option. The bid offered $55,000 credit for the trade-in. Staff recommends accepting the alternate bid and exercising its option to trade-in for a total cost of $208,985. The 1991/1992 Fixed Asset Fund contains $290,000 for this purchase. The Directors of Public Works and Equipment Services recommend adopting Resolution No. 91-162 awarding a bid for the purchase of a replacement compactor, minus wheels, less trade-in of an existing compactor to Darr Equipment Company in the amount of $208,985. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 91-162 awarding the bid for a replacement compactor, minus wheels, less trade-in of an existing compactor to Darr Equipment Company in the amount Vol. 61, Page 97 of $208,985. D.7 CONSIDER ADOPTING RESOLUTION NO. 91-163 AWARDING THE BID FOR CONSTRUCTION OF THE COOKS CREEK CHANNEL IMPROVEMENTS WEST OF BEE STREET TO JESKE CONSTRUCTION COMPANY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bids for the Cooks Creek Channel Improvements West of Bee Street were received on Monday, October 21, 1991. The successful low bidder is Jeske Construction Company submitting a bid of $113,375.00 and a contract time of 90 calendar days. Jeske Construction has provided adequate qualifications and references for similar work. The project is a part of the 1991-92 Drainage Bond Capital Improvement Program budgeted in the amount of $95,000.00. The low bid, design cost and materials testing bring the project cost to $120,901.00. The additional $25,901.00 needed can be appropriated from the $250,000.00 available in the Drainage Bond Contingencies. The City Engineer recommends awarding the bid for construction of the Cooks Creek Channel Improvements West of Bee Street to Jeske Construction Company, in the amount of $113,375.00. Mayor Blair stated this bid was higher than anticipated but felt this area of the City needed the channel improvements. A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, all voting "aye", adopted Resolution No. 91-163 awarding the bid for construction of the Cooks Creek Channel Improvements west of Bee Street to Jeske Construction Company, in the amount of $113,375.00. D.8 CONSIDER ADOPTING RESOLUTION NO. 91-165 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BUCHANAN PRINTING FOR THE DESIGN AND PRINTING OF THE 1992 CITY CALENDAR AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. In the 1991-92 budget for Communications, $13,000 was budgeted for the printing of the 1992 City Calendar. Staff secured proposals from four companies for the printing of the calendar. The low proposal of $12,157 came from Ralph Trimmer Illustrations and Design. However, Ralph Trimmer, is a design artist and would subcontract printing and typesetting and would not directly provide these services. It is extremely important on a project such as this, which involves creative interaction between city staff and the contractor, to maintain direct contact with the company providing the services. In the Vol. 61, Page 98 case of Mr. Trimmer's proposal, city staff would have to deal with three separate companies. All of the other companies that submitted proposals, except Ralph Trimmer's provide complete in-house art work, design, typesetting, and printing. Staff recommends the City contract with Buchanan Printing. Buchanan Printing proposed the second lowest quote of $13,000 to design and print 5,000 copies of the 32 page calendar. Buchanan Printing has provided excellent service in the past. The Communications Director recommends the adoption of Resolution No. 91-165 authorizing the City Manager to execute a Professional Services Agreement with Buchanan Printing for the design and printing of the 1992 City Calendar in an amount not to exceed $13,000. Councilwoman Davis explained that the 32 page calendar would include the Annual Report. Mayor Blair stated that Buchanan Printing was a local Farmers Branch company. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 91-165 authorizing the City Manager to execute a Professional Service Agreement with Buchanan Printing for the design and printing of the 1992 City Calendar in an amount not to exceed $13,000.00. D.9 CONSIDER ADOPTING RESOLUTION NO. 91-168 DECLARING AN EMERGENCY AND AUTHORIZING THE PURCHASE OF A WATER PUMP FOR UNIT 42-6, AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The water pump on a Fire Department pumper truck is not functioning and needs to be replaced. Engine 3 is a first line water pumper used by the fire fighters. Currently, a back-up unit has been put in service, leaving no back-up unit available. It is imperative that Engine 3 be placed back in service. After placing an order for the water pump, it will take approximately four weeks to arrive. Since this purchase is over $5,000, the City Council is requested to declare an emergency to approve the purchase of the water pump without following regular bidding procedures. Only two companies have been located to provide the needed pump. Quotes were secured from both of these companies. The lowest quote was received from Riggs Fire Equipment Co., for $9,700.00. This purchase can be made from the Fire Department's vehicle maintenance budget, which totals $58,000.00. With this expenditure and other projected costs additional funds will probably be required at mid-year in the Fire Vol. 61, Page 99 Department's vehicle maintenance account. The Fire Chief recommends adopting Resolution No. 91-168 declaring an emergency and authorizing the purchase of a water pump from Riggs Fire Equipment Co., for $9,700.00. Councilman Phelps asked what kind of warranty came with the new water pump. Fire Chief Kyle King stated he did not know the particulars of the factory warranty. A motion by Councilman Pyle, a second by Mayor Pro Tem Moses, all voting "aye", adopted Resolution No. 91-168 declaring an emergency and authorizing the purchase of a water pump from Riggs Fire Equipment Co., for $9,700.00. D.10 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. City Manager Richard Escalante stated he attended the Texas Municipal League conference in Ft. Worth on October 25 and October 26, 1991. Mr. Escalante stated several informative seminars were given on youth programs and activities. Mayor Blair stated he also attended the conference and a sister city program between Mexico was being offered by a grant from the Kellogg company. Mayor Blair would like to see this item on a future agenda to discuss further. D.11 CITIZEN PARTICIPATION. There was no one in the audience wishing to speak. MAYOR BLAIR ANNOUNCED THAT THE COUNCIL WILL CONVENE TO THE COUNCIL CONFERENCE ROOM UPSTAIRS FOR DISCUSSION OF THE EXECUTIVE SESSION ITEMS. 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 PERSONNEL MATTERS, LAND ACQUISITION, AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENT TO THE LIBRARY BOARD. 2. DISCUSS PERFORMANCE EVALUATION AND COMPENSATION FOR THE CITY MANAGER. Vol. 61, Page 100 A discussion was held relating to the appointment to the Library Board. A discussion was held relating to the performance evaluation and compensation for the City Manager. E. lb DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) 1. DISCUSS STATUS OF CHAPMAN ET AL, AND GATCOMB ET AL, VS. CITY OF FARMERS BRANCH LITIGATION. A discussion was held by the City Attorney John Boyle with the City Council relating to the status of the Chapman et al, and Gatcomb et al, vs. City of Farmers Branch Litigation. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated the appointment to the Library Board was discussed and appointment would be considered at the next meeting. A motion by Councilman Davis, a second by Councilman Pyle, with all voting "aye", increased City Manager Richard Escalante's annual salary by 21 effective October 1, 1991. E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that City Attorney John Boyle presented a status report on litigation involving the city. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of November 4, 1991, at 10:00 P.M. 4 Mayor City Secretary Vol. 61, Page 101