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.
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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,
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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.
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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
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