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1994-08-15 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING AUGUST 15, 1994 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Pro Tem Councilmembers I I The following member of the City Council was absent: Mayor Ron Pyle Bill Moses Bob Phelps Nancy Hardie Calla Davis Dave Blair The following members of the City Administration were present: City Manager Assistant City Manager City Attorney City Secretary Communication Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works City Management Assistant Traffic Engineer Recording Secretary Richard L. Escalante John Burke John Boyle Ruth Ann Parish Donna Huerta Tom Scales Michael Spicer Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux David Reedy Dave Davis Cindee Peters Vol. 67, Page 32 Mayor Pro Tern Pyle called the City Council Meeting of August 15, 1994, to order at 7:35 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 ACCEPTING THIRD QUARTER DONATIONS TO THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle explained the Historical Preservation and Restoration Board has approved several donations to be added to the inventory, and recognized Mrs. Laverne Gilbert. Mrs. Laverne Gilbert, Chairperson of the Historical Preservation and Restoration Board, read the following donation list for Council approval: A turn of the century bonnet, from Mrs. Johnny Wheeler, Farmers Branch. A bonnet and long skirt, from Mrs. Jean Showman, Farmers Branch. A 1925 walnut vanity, a 1940's Session Mantel clock, and a turn of the century New Home sewing machine, from Mr. & Mrs. Gene Bethel, Farmers Branch. A Black & Decker iron and a blouse to be used in the wardrobe department, from Mrs. Audrey Foster, Farmers Branch. A pair of circa 1870's buffalo hide mittens, from Mr. Richard Cassel, Farmers Branch. An early twentieth century cotton scale, from Mr. Bob Bull, Farmers Branch. Three 1937 coloring books of historic Jefferson, from Mrs. Carol Sage, Farmers Branch. A string of faux pearls, from Mrs. Marie Huie, Farmers Branch. A turn of the century wooden wash bowl, from Mr. Andrew Sanchez, Dallas. A Live Oak tree and a Red Oak tree, including planting, from Sandoz Agro Incorporated, Dallas. L Vol. 67, Page 33 The Historical Preservation and Restoration Board and the Director of the Parks and Recreation Department recommend accepting the third quarter donations to the Historical Park. There being no further discussion, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", accepted these donations to the Historical Park. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Pro Tem Pyle presented a five year employee service award to Frank Anderson of the Building Maintenance Division of the Parks and Recreation Department. Mayor Pro Tern Pyle presented a five year employee service award to Phillip Wardlaw of the Police Department. Mayor Pro Tem Pyle presented a ten year employee service award to Joan Walker of the Public Works Department. City Manager Richard Escalante presented a plaque to City Manager intern Jeff Maddox for his services performed this summer in the Administration Department. A.4 PRESENTATION OF BOARD APPLICATIONS. Mr. Al Wagner presented an application for the Parks and Recreation Board. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.3. Mayor Pro Tem Pyle 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 Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", added items D.1 and D.11 to the consent agenda. There being a discussion, motion by Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda. B.l APPROVED MINUTES OF CITY COUNCIL MEETING OF JULY 11, 1994. Vol. 67, Page 34 B.2 APPROVED REQUEST BY SIDNEY LEWIS FOR FINAL PLAT APPROVAL OF BOOTH ADDITION NO. 1 LOCATED ON THE NORTH SIDE OF ROYAL LANE, EAST OF MATHIS AVENUE, ABUTTING THE FARMERS BRANCH CITY LIMIT LINE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT. B.3 APPROVED REQUEST BY TOM AND LUCY FULLERTON FOR FINAL PLAT APPROVAL OF FULLERTON ADDITION LOCATED AT 2717 VALLEY VIEW LANE AND WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT. D.1 ADOPTED RESOLUTION NO. 94-107 NOMINATING NATIONAL HAND TOOL AS AN ENTERPRISE PROJECT PURSUANT TO SECTION 10 OF THE TEXAS ENTERPRISE ZONE ACT. D.11 ADOPTED RESOLUTION NO. 94-105 AUTHORIZING THE CITY MANAGER TO SELL SHARES OF STOCK ACQUIRED AS A RESULT OF A CORPORATE RESTRUCTURING FROM SERVAM CORPORATION IN THE AMOUNT OF $8.17, AND, STOCK SHARES THROUGH A BANKRUPTCY COURT RULING AS SETTLEMENT FOR MONEY FROM SIG HOLDINGS, INC. IN THE AMOUNT OF $18,607.00. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of various projects in the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST BY PETER KAVANAGH, ON BEHALF OF SOUTHWESTERN BELL MOBILE SYSTEMS, TO CONSIDER GRANTING A SPECIFIC USE PERMIT (SUP) TO ALLOW THE ERECTION OF A CELLULAR COMMUNICATIONS ANTENNA, ONE HUNDRED (100) FEET IN HEIGHT AND AN EQUIPMENT BUILDING TWO HUNDRED AND EIGHTY SIX (286) SQUARE FEET IN AREA TO BE LOCATED AT 13505 BRANCHVIEW LANE AND WITHIN PLANNED DEVELOPMENT NUMBER 25 (PD-25) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Pro Tern Pyle presented the following information. Southwestern Bell Mobile System plans to improve their mobile telephone system by erecting an antenna at 13505 Branchview Lane located on the north side of Branchview Lane, approximately three hundred and twenty feet (320) west of Stemmons Freeway. Southwestern Bell Mobile Systems intends to lease 1,250 square feet of the lot, near its northeast corner, where the proposed antenna tower would be placed. A small building, housing electronic equipment associated with the antenna will be located at the base of the Vol. 67, Page 35 antenna. The antenna tower is comprised of a galvanized steel pole capped with a triangle- shaped, steel platform. The platform measures 10 feet along each of its three sides and approximately 4 feet in height. Maximum height of the total structure will not exceed 100 feet. The equipment building is 286 square feet in area, 13.5 feet tall, and comprised of exposed aggregate concrete. This site and all abutting properties are zoned for Light Industrial uses which allow antenna towers with a specific use permit. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit for a cellular communications antenna, and equipment building at 13505 Branchview Lane be approved as submitted. Mayor Pro Tem Pyle opened the public hearing. Mr. Peter Kavanagh, representing Southwestern Mobil System, came forward. Mr. Kavanagh showed a slide presentation indicating the location of the antenna, area located around the antenna, and a picture of what the antenna would look like. Mr. Kavanagh stated Southwestern Bell is locating this antenna to serve a particular area. Mr. Kavanagh stated as each antenna service area becomes outgrown, these antennas are supplemented with new antennas which are located between the existing antennas to improve service. Mr. Kavanagh stated this zoning designation allows antennas to be installed with a specific use permit. Mr. Doug Bruton stated he purchased the property next door to the proposed antenna location in 1976. Mr. Bruton stated he was made aware of the request approximately one month ago. Mr. Bruton explained he asked the Planning and Zoning Commission to delay this request until he could research how this antenna may impact his property. Mr. Bruton stated he has information on antennas which he distributed to the City Council. Mr. Bruton stated no one has said this will not impact his property. Mr. Bruton stated the American Planning Association, MIA Appraisers, University of Texas at Arlington, have all indicated this request will have some type of impact on his property. Mr. Bruton stated he has discussed this request with City staff and asked for specific information. Mr. Bruton stated City staff indicated that Mr. Kavanagh would provide the information he was seeking. Mr. Bruton stated at this time he has not received any information from Mr. Kavanagh. Mr. Bruton stated with new technology emerging, this type antenna may be obsolete in the future and the antenna will still be in place. Mr. Bruton asked what might happen to the antenna if Southwestern Bell merges with another company. Mr. Vol. 67, Page 36 Bruton asked that he receive some type assurance this type use would not affect the appraisal value of his property, or the rental income of the property. Mr. Bruton stated he would like to see a term limitation and height limitation attached to this request if approved. There being no further discussion, a motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", closed the public hearing. Mayor Pro Tem Pyle asked Mr. Kavanagh if a lower antenna could be installed. Mr. Kavanagh stated the antenna needed to be 100 feet in order to service this particular area. Mr. Kavanagh explained the antennas are built as low as technologically efficient. Mayor Pro Tem Pyle asked if there was a chance the applicant would request a lower antenna in the future. Mr. Kavanagh stated this was possible with new technology advancing each year. Mr. Kavanagh stated the first antennas were 150 feet and now have been installed as low as 50 feet. Mr. Kavanagh stated to date that no antenna currently installed has been replaced by a smaller antenna. Mayor Pro Tem Pyle stated there would be no incentive to install a smaller antenna. Mr. Kavanagh stated it was more economically feasible because a smaller antenna costs less than a taller antenna. Mayor Pro Tem Pyle asked if Southwestern Bell would be receptive to restrictions on removing the tower if the antenna was no longer needed? Mr. Kavanagh explained they would agree to a clause in the ordinance. Mr. Kavanagh stated the lease with the property owner stated the tower, building, and concrete under the building all had to be removed within 90 days from the time the tower is no longer used. Mr. Kavanagh stated the City of Dallas already requires such a clause. Councilman Moses stated he would like to see such a clause included in the ordinance. Councilwoman Davis explained she had concerns when this type antenna was proposed to be installed in her neighborhood. Councilwoman Davis stated she is no longer aware of the antenna that was installed in the Farmers Branch Shopping Center. Councilwoman Davis agreed antennas should be removed if they no longer are in use. Vol. 67, Page 37 Mr. Bruton stated he contacted several appraisers and several lending institutions is now regulated by Federal Government due to the savings and loans scandals. Mr. Bruton stated he wanted to know if they sent one of their people to re-appraise the site, how would they do that, and what affect would that have. Mr. Bruton stated if the bank has the property for collateral they then have to reflect a lowering or increase due to the tower. Mr. Bruton explained unlike single family residences, if it is not collateral it does not fall in the same guidelines. If the tower impacts the property, and it becomes a negative impact it lowers the collateral value which affects the appraisal value. Councilwoman Davis stated she knows of no complaints about any antennas that have been installed in Farmers Branch. Councilwoman Davis stated if an antenna had affected the appraisal value of commercial property the City would have been hearing about the lower appraisals. Mr. Bruton felt there was not enough information on this subject and would also not be cost efficient to conduct a study. Councilman Phelps asked Mr. Kavanagh how soon construction would begin if the request is approved. Mr. Kavanagh stated almost immediately, within 30 to 40 days. Councilman Phelps stated he had no problem either way of postponing or approving the request. Councilman Phelps stated he did agree with Councilwoman Davis that there had been no complaints on antennas. Councilwoman Hardie asked Mr. Bruton if plants or hedges screening the property would help on the immediate drive drive approach to his property. Mr. Bruton explained he had called the American Planning Institute in Chicago and they felt any type screening would help. Mr. Bruton stated the American Planning Institute suggested a letter be drafted to insure the plants are maintained. Councilwoman Hardie asked if this would be possible. Mr. Kavanagh stated they had planned to plant live oaks along the front of the property, however, the property is in the flood plain and trees would adjacent to the fence inhibit the flow of water. Mr. Kavanagh stated the location of the antenna is approximately 300 feet back and it would be difficult to irrigate the hedges and plants. City Attorney John Boyle stated he had drafted a Section 8 for the ordinance which would address the removal of the antenna should it become obsolete. Vol. 67, Page 38 City Manager Richard Escalante suggested the razor wire not be installed on the top of the fence. Mr. Kavanagh explained City staff had discussed this with him and felt the wire should not be installed and they would not install the wire. City Attorney John Boyle stated the deletion of the raiser wire could be added as Section 9 to the ordinance. There being no further discussion, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2133 with amendments granting a Specific Use Permit for a cellular communications antenna and equipment building at 13505 Branchview Lane. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED: SO AS TO GRANT A SPECIFIC USE PERMIT FOR A CELLULAR COMMUNICATIONS ANTENNA AND AN EQUIPMENT BUILDING WITHIN PLANNED DEVELOPMENT NO. 25 (PD-25) ZONING DISTRICT AT 13503 BRANCHVIEW LANE; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF JOJO'S RESTAURANT, INC./JRI CLUB, INC., FOR APPROVAL OF A SPECIFIC USE PERMIT FOR A PRIVATE CLUB AT 13233 STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 25 (PD-25) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. The proposed site is the existing JoJo's restaurant located on the west side of Stemmons Freeway, north of Valley View Lane between the LaQuinta motel and Mobil gasoline service station. The restaurant has been located and operating on this site since June of 1980. It is approximately 6,600 square feet in area. No changes to the existing floor plan are proposed, that is, no bar or lounge area is to be added. Alcohol sales in restaurants are permitted in this part of the City subject to approval of a Specific Use Permit and compliance with Ordinance No. 1986 which specifically regulates alcohol sales in Farmers Branch. Requirements include: a minimum area Vol. 67, Page 39 of 2,000 gross square feet, no exterior signage advertising alcohol sales, no drive-in or drive-thru service is permitted and no more than 40 percent of the restaurant's total gross sales can be attributed to alcohol sales. The submitted application and existing restaurant comply with all the requirements set forth in Ordinance No. 1986 necessary to request the Specific Use Permit. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit to allow a private club at 13233 Stemmons Freeway be approved. Mayor Pro Tern Pyle opened the public hearing. Ms. Trisha Holmes, General Manager, stated this would be a private club requiring membership. Ms. Holmes stated approximately 5% of sales would be from alcohol sales. Ms. Holmes explained they would only serve beer and wine to start out. There being no further discussion, a motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", closed the public hearing. Councilman Phelps stated he could not support this request and had been against liberalizing the ordinance in the beginning. Councilman Phelps explained this was not anything against JoJo's but with alcohol. There being no further discussion, a motion by Councilwoman Davis, a second by Councilman Moses, with Councilmembers Pyle, Hardie, Moses and Davis voting "aye", and Councilman Phelps voting "nay", motion carried by a 4 to 1 vote, adopted the following captioned Ordinance Number 2134 granting a Specific Use Permit for a private club at 13233 Stemmons Freeway as 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, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE CLUB LOCATED AT 13233 STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 25 ZONING DISTRICT (PD-25); PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A SITE PLAN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. C.4 PRESENTATION OF REQUEST FROM THE NORTHWEST FAMILY OUTREACH ORGANIZATION. Vol. 67, Page 40 Mayor Pro Tem Pyle stated Ms. Jennifer McMillian, President of Northwest Family Outreach was not present. Mayor Pro Tern Pyle requested staff contact Ms. McMillian as to when she could appear on a future City Council agenda. D.1 CONSENT. D.2 CONSIDER ADOPTING ORDINANCE NUMBER 2131 REGULATING THE REPAIR OF VEHICLES ON PUBLIC PROPERTY AND TAKE APPROPRIATE ACTION. Mayor Pro Tern Pyle presented the following information for consideration. In response to citizen complaints concerning vehicle repairs being conducted in city streets, Staff has prepared an ordinance to regulate vehicle repair on public property. Proposed Ordinance Number 2131 prohibits repair of vehicles in city streets, parks and other public properties except in the event of an emergency or as may be necessary to move the vehicle. The proposed ordinance does not prohibit minor maintenance such as checking air pressure in tires, checking fluid levels or replacing headlamps and neither would it prohibit emergency repairs such as replacing a flat tire. The intent of the ordinance is to eliminate the use of public property for more substantial vehicular maintenance such as tune ups, changing oil or other fluids and engine work. There are presently no existing ordinances which expressly prohibit the repair of vehicles on public property. City Staff recommends proposed Ordinance Number 2131 be adopted. There being no discussion, a motion by Councilman Moses, a second Councilwoman Hardie, all voting "aye", adopted the following captioned Ordinance Number 2131 regulating the repair of vehicles on City property. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REGULATING THE REPAIRING OF VEHICLES ON CITY PROPERTY; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. D.3 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTER- LOCAL AGREEMENT WITH THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF AN ALTERNATIVE FUELS PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Pro Tern Pyle presented the following information for consideration. In Vol. 67, Page 41 November, 1993 Staff requested City Council authorization to apply for a grant through the North Central Texas Council of Governments alternative fuels program. Staff's request was to convert thirty (30) City vehicles to dual fuel and purchase one prototype all electric vehicle. The City will advance $145,500.00 to fund the conversions. Under the grant program $102,000.00 is eligible for reimbursement. The net cost to the City will be $43,500.00. Funding for this program is available in the City's Fixed Asset Fund. An inter-local agreement between the City and the Texas Department of Transportation is required in order to receive reimbursement through the grant program. The Staff recommends approval of a resolution authorizing the City Manager to execute an inter-local agreement with the Texas Department of Transportation. There being no discussion, a motion by Councilwoman Hardie, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 94-101 authorizing the City Manager to execute an agreement to participate with Texas Department of Transportation in an Alternate Fuels Program. D.4 CONSIDER ADOPTING RESOLUTION NO. 94-097 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH O'BRIEN ENGINEERING FOR ENGINEERING SERVICES AND DESIGN FOR LAS CAMPANAS DRIVE DRAINAGE IMPROVEMENTS AND TAKE APPROPRIATE ACTION. Mayor Pro Tern Pyle presented the following information for consideration. At the May 23, 1994 City Council Study Session, some residents along Las Campanas discussed the flooding in their street. The City Council directed that alternatives be evaluated for improving the drainage on Las Campanas Drive and review the alternatives with the neighborhood. The City Council will then select the alternative that is to be constructed based on the engineering analysis and neighborhood input. An agreement has been negotiated with O'Brien Engineering for engineering services and design of the drainage improvements in the amount not to exceed $21,900.00. The engineering services include the analysis of two alternative storm sewer layouts and the design of the alternative that is selected by the City to construct. The estimated cost for the project including engineering services, materials testing, and construction is $280,000.00. Funding is to be provided from the Non Bond Capital Improvement Program Fund contingencies. The City Engineer recommends the approval of Resolution No. 94-097 authorizing the execution of an agreement with O'Brien Engineering for providing engineering services and design for Las Campanas Drive drainage improvements in the amount Vol. 67, Page 42 not to exceed $21,900.00. There being no discussion, a motion by Councilman Phelps, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 94-097, authorizing execution of an agreement with O'Brien Engineering for providing engineering services and design for Las Campanas Drive drainage improvements in the amount not to exceed $21,900.00. D.5 CONSIDER ADOPTING RESOLUTION NO. 94-106 AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR EMPLOYEE BENEFITS AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tern Pyle presented the following information for consideration. The City offers a Section 125 Cafeteria Plan with various benefit options. This plan provides core benefits including Major Medical, Life and Accidental Death & Dismemberment, and Long Term Disability for employees and optional additional benefit coverage. Contracts for the employee benefit package expire on September 30, 1994. Proposals for the following insurance benefits were distributed to 108 potential providers on June 23, 1994. 1. Medical/HMO,PPO/Indemnity 2. Basic Term Life/AD&D 3. Voluntary Life/AD&D/Dependent Life 4. Dental Indemnity/DMO 5. Vision 6. Section 125 Third Party Administrator 7. Long Term Disability By proposal opening date, July 22, 1994 twenty five proposals had been received. Following opening of proposals, negotiations occurred, and additional supplemental information and proposal amendments were solicited. Based on the proposals submitted as modified by supplemental proposals and negotiations the following policies are recommended by staff. Sanus/New York Life for Medical/HMO, PPO/Indemnity and Dental Indemnity/DMO, Fortis Benefits for the Basic Term Life/AD&D and Voluntary Life/AD&D Employee and Dependent coverages, the Colonial Life Ins. Co. to administer the Section 125 Plan, Vision Service Plan for the vision benefits and CIGNA Ins. Co. to provide Long Term Disability coverage. The Acting Personnel Director recommends adopting Resolution 94-106 authorizing the City Manager to enter into contracts for employee benefits. There being no discussion, a motion by Councilwoman Hardie, a second by Vol. 67, Page 43 Councilman Phelps, all voting "aye", adopted Resolution No. 94-106 authorizing the City Manager to enter into contracts awarding employee benefits as follows: A. Sanus/New York Life for Medical/HMO,PPO/Indemnity and the Dental Indemnity/DMO coverages. B. Fortis Benefits for the Basic Term Life/AD&D coverages. C. Fortis Benefits for Voluntary Life/AD&D Employee and Dependent. D. Vision Service Plan for Vision coverage. E. Colonial Life Ins. for Section 125 Third Party Administration. F. CIGNA Ins. Co. for Long Term Disability coverage. G. Authorize the City Manager to renew the contracts for additional one (1) year periods up to two (2) total additional years by mutual agreements of the parties. D.6 CONSIDER ADOPTING RESOLUTION NO. 94-100 AWARDING A BID FOR THE REHABILITATION OF SANITARY SEWER MANHOLES AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. The City contracted ADS Environmental Services Inc. to perform a Sewer System Evaluation Survey on the Rawhide Creek Drainage Basin. The completed survey submitted in July 1992, evaluated the condition of the sanitary sewer system. The survey included a detailed list of repairs as well as a cost analysis of the effectiveness of these repairs. In the 1993-1994 budget, $115,200.00 was budgeted for rehabilitation work in the Rawhide Creek Sanitary Sewer System. Request for bids were sent to nine contractors, two bids were returned and opened on July 15, 1994. Seven vendors declined to bid for various reasons. C.E.S. Construction submitted the low bid and it met all specifications. C.E.S. bid on approximately 100 manholes at a unit price of $62.50 per vertical foot of manhole interior wall, for a total bid of $75,000. Staff recommends that 50 additional manholes be rehabilitated for a total bid award not to exceed $115,200. The contractor has performed work for Farmers Branch and several surrounding cities. All work has been of high quality. Vol. 67, Page 44 The Director of Public Works recommends adopting Resolution No. 94-100 awarding a bid for the rehabilitation of sanitary sewer manholes to C.E.S. Construction for a total cost not to exceed $115,200.00. There being no discussion, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 94-100 awarding the bid for the rehabilitation of sanitary sewer manholes to C.E.S. Construction for a total cost not to exceed $115,200.00. D.7 CONSIDER ADOPTING RESOLUTION NO. 94-103 AWARDING A BID TO CLASSIC COMMERCIAL ROOFING FOR ROOFING WORK ON THE DON SHOWMAN RECREATION CENTER AND FARMERS BRANCH MANSKE LIBRARY AND TAKE APPROPRIATE ACTION. Mayor Pro Tern Pyle presented the following information for consideration. Bid requests for partial re-roofing of the Don Showman Recreation Center and re-roofing of the Farmers Branch Manske Library were sent to 11 vendors. One bid request was picked up. Two bids were received, both meeting specifications. The base bid includes re-roofing for the auxiliary gym, classrooms, and offices of the Don Showman Recreation Center and all but the auditorium roof at the Farmers Branch Manske Library. An alternate was included to re-roof the auditorium of the Farmers Branch Manske Library, to complete the Library roof replacement. The low base bid meeting specifications was from Classic Commercial Roofing in the amount of $102,000.00. Staff recommends accepting the alternate for an additional $7,800, for a total bid of $109,800.00. There is $120,000.00 budgeted for the re-roofing projects in the 1993-94 Capitol Improvement Fund. The Director of the Parks and Recreation Department recommends adopting Resolution No. 94-103 awarding the base bid and alternate to Classic Commercial Roofing for roofing work on the Don Showman Recreation Center and Farmers Branch Manske Library in the amount of $109,800.00. There being no discussion, a motion by Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 94-103 awarding the base bid and alternate to Classic Commercial Roofing for roofing work on the Don Showman Recreation Center and Farmers Branch Manske Library in the amount of $109,800.00. D.8 CONSIDER ADOPTING RESOLUTION NO. 94-104 RESPONDING TO THE DRAFT DART TRANSIT SYSTEM PLAN UPDATE AND TAKE APPROPRIATE ACTION. Vol. 67, Page 45 Mayor Pro Tem Pyle presented the following information for consideration. On July 11, 1994 the City Council was briefed by DART Board of Directors Chairman, Kathy Ingle and members of DART staff regarding the DART Draft Transit System Plan Update. At the conclusion of the discussion, Ms. Ingle requested a response from the City Council regarding DART's proposed Financing Options, Intermediate Capacity Rail Service, Cross Town Bus Service, and the Local Assistance Program. A resolution has been prepared for the City Council to consider responding to the issues raised by DART and other issues the City Council may wish to address. The City Staff recommends that the City Council adopt Resolution No. 94-104 responding to the draft DART Transit System Plan Update. Mayor Pro Tern Pyle asked Mr. Escalante to summarize the DART Transit System Plan Update. Mr. Escalante stated there are five items in the plan which concern Farmers Branch. Mr. Escalante explained they are in the financing, single track rail, cross town bus, local assistance program, and, construction of HOV lanes. There being no further discussion, a motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", adopted Resolution No. 94-104, responding to the draft DART Transit System Plan Update. D.9 CONSIDER ADOPTING RESOLUTION NO. 94-102 AWARDING A BID FOR CONFINED SPACE SAFETY EQUIPMENT AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. Request for bids were sent to seven vendors, five bids were returned and opened on July 15, 1994. Two vendors submitted bids after the deadline and were returned unopened to the vendors. Twenty-five different pieces of safety equipment were specified in the bid package. In a few cases, the low bid is not recommended for award because the vendor did not meet specifications for various reasons. Dantack Corporation was the low bidder meeting specifications on the ventilation equipment in the amount of $4,491.50. Boren Safety submitted the low bid meeting specifications on the retrieval equipment for a total of $5,320.63. Wayest Safety was the low bidder meeting specifications on the communication equipment and the self contained breathing apparatus for $8,786.20. The total of the bids is $18,598.33. The 1993-1994 Public Works budget contains $20,005.00 for the purchase of confined space safety equipment. Vol. 67, Page 46 The Director of Public Works recommends adopting Resolution No. 94-102 awarding a bid for confined space safety equipment. There being no discussion, a motion by Councilman Moses, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 94-102 awarding the bid for confined space safety equipment to Dantack Corporation for $4,491.50, Boren Safety for $5,320.63 and Wayest Safety for $8,786.20 for a total of $18,598.33. D.10 CONSIDER ADOPTING RESOLUTION NO. 94-108 AUTHORIZING THE CITY STAFF TO PURCHASE ON STATE CONTRACT ONE HIGH VOLUME HIGH SPEED COPIER AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. The 1993-94 mid year fixed asset budget includes $75,000 for a new high-volume, high- speed copier. After researching bid prices staff has found that purchasing on State contract would be less expensive than receiving bids on the copier. This copier is available on state contract for a total purchase price of $71,720 of this amount the supply company will refund $9,000 bringing the actual cost to $62,720. Five thousand dollars ($5,000) of this refund is for optional attachments included on the state contract but not necessary for the city and the remaining $4,000 is for a three month maintenance agreement which is not needed at this time. The City Manager Intern and Director of Communications recommends adopting Resolution No. 94-108 authorizing participation in the State of Texas purchasing program for the purchase of a copier at a cost of $71,720. Mayor Pro Tem Pyle asked refunding was $9,000 and the actual cost was $62,720 why the purchase price was $71,720, City Manager Richard Escalante stated the City would receive a check for the difference. There being no further discussion, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 94-108 authorizing participation in the State of Texas purchasing program for the purchase of a copier at a cost of $71,720.00. D.11 CONSENT. D.12 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Councilwoman Hardie stated that in July she and some members of the City Council and City staff attended the International Sister City conference in Louisville, Vol. 67, Page 47 Kentucky. Councilwoman Hardie stated there were several excellent sessions, including a session on Divorce of a Sister City program. City Manager Richard Escalante stated he attended a Housing Conference in Chicago on Alternative Financing. Mr. Escalante explained this was a good training program. Councilwoman Davis asked approval for any member of the City Council to attend the TML Conference in October in Austin. A motion by Councilwoman Davis, a second by Councilwoman Hardie, all voting "aye", approved travel for the City Council for the TML Conference in October in Austin. D.13 CITIZEN PARTICIPATION. Mr. Jim Davis requested the City of Farmers Branch to create a brochure outlining the positive aspects of Farmers Branch for companies who want to locate casino gambling in Farmers Branch. Mr. Davis felt this would be an excellent venture and very beneficial for Farmers Branch. Mayor Pro Tern Pyle thanked Mr. Davis for his suggestion and stated at least one company has approached Farmers Branch concerning casino gambling. MAYOR PRO TEM PYLE ANNOUNCED THAT THE ITEMS LISTED FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION ON THE ITEMS BEGAN AT 6:51 P.M. AND CONCLUDED AT 7:28 P.M. MAYOR PRO TEM PYLE ANNOUNCED THAT ACTION ON THE ITEMS DISCUSSED WERE RECESSED UNTIL THE 7:30 P.M. MEETING. TEXAS GOVERNMENT CODE, CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION, AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN EXECUTIVE SESSION. E. la DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS PERFORMANCE OF THE MUNICIPAL COURT JUDGE. 2. DISCUSS APPOINTMENT TO THE PLANNING AND ZONING COMMISSION. 3. DISCUSS APPOINTMENT OF ALTERNATE POSITION TO THE PARKS AND RECREATION BOARD. The members of the City Council discussed the various items as listed above. Vol. 67, Page 48 E.1b DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS POSSIBLE ACQUISITION OF APPROXIMATELY 20 ACRES IN LEWISVILLE THAT IS ADJACENT TO THE LANDFILL. 2. DISCUSS POSSIBLE ACQUISITION OF APPROXIMATELY 80 ACRES IN LEWISVILLE THAT IS ADJACENT TO THE LANDFILL. Assistant City Manager John Burke presented two offers of land located in Lewisville for possible use by the city. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Pro Tem Pyle stated that no action was necessary and the consideration will be continued until the next meeting. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Pro Tem Pyle stated that no action was necessary on the items discussed under the land acquisition title. F.1 ADJOURNMENT. A motion by Councilwoman Davis, a second by Councilman Phelps, all voting "aye adjourned the City Council meeting of August 15, 1994, at 9:09 P.M. ~1 q Mayor 4ityycretary Vol. 67, Page 49