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1996-09-05 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING AUGUST 5, 1996 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Calla Davis Ron Pyle Charlie Bird Berry Grubbs The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Equipment Services 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 Linda Tidwell-Groomer John Burke John Boyle Cindee Peters Donna Huerta Norma Nichols Don Moore Tom Scales Michael Spicer Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Margaret Somereve Dave Davis Suzanne Reynolds Mayor Phelps called the City Council Meeting of August 5, 1996 to order at 7:30 P.M. The meeting was televised. Vol. 72, page 33 A.1 INVOCATION. Dr. Richard Selby gave the invocation and Councilwoman Davis led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTING THIRD QUARTER DONATIONS TO THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The Historical Preservation and Restoration Board has approved several donations to be added to the inventory. Ms. Laverne Gilbert, Chairwoman of the Historical Preservation and Restoration Board, presented the following for Council approval: A turn-of-the-century "Tea Leaf" gravy boat and platter, and a serving bowl, from Ms. Shannon Pence, Carrollton. A turn-of-the-century saw, water dipper, and branding iron, from Mr. Tom Pouncy, Carrollton. A 1940's lace tablecloth, from Mrs. Mary Carole Stoltz, Carrollton. A five hundred dollar cash donation, from Mr. & Mrs. George Grimmer, Farmers Branch. A five hundred dollar cash donation, from Mr. & Mrs. Dave Blair, Farmers Branch. A motion by Councilwoman Davis, a second by Councilman Bird, all voting "aye", accepted these donations to the Historical Park. A.3a PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a fifteen year employee service award to Jim Shires of the Fire Department. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session Vol. 72, page 34 held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Moses, seconded by Councilman Pyle, all voting "aye", added items C.2, C.5, and D.2 to the Consent Agenda. A motion by Mayor Pro Tem Moses, seconded by Councilman Grubbs, all voting "aye", approved the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JULY 15, 1996. B.2 ADOPTED RESOLUTION NO. 96-103 AWARDING THE BID FOR PURCHASE OF A WATER TANK FOR THE PUBLIC WORKS LANDFILL DIVISION. B.3 ADOPTED RESOLUTION NO. 96-1 14 AUTHORIZING THE CONTINUATION OF THE HEALTH SERVICES AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS BRANCH. B.4 ADOPTED RESOLUTION NO. 96-115 AMENDING RESOLUTION NO. 96-096 BY DELETING ANY REFERENCE TO AUTOMATIC RENEWAL OF THE AGREEMENT OF COOPERATION FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOME PROGRAM. B.5 ADOPTED THE SITE PLAN APPROVAL OF REQUEST OF MAIN STREET CONCEPTS FOR A STORAGE BUILDING AT 3690 BELTLINE ROAD, THE SOUTHWEST CORNER OF MARSH LANE AND BELTLINE ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 23 (PD- 23) ZONING DISTRICT. C.2 ADOPTED THE SITE PLAN APPROVAL OF REQUEST OF THORNTON- N-ROSE, INC., FOR SITE PLAN APPROVAL OF A DAYCARE FACILITY LOCATED AT THE NORTHEAST CORNER OF VALWOOD PARKWAY AND MONETARY LANE AND WITHIN THE PLANNED DEVELOPMENT Vol. 72, page 35 NUMBER 22 (PD- 22) ZONING DISTRICT. C.5 ADOPTED RESOLUTION NO. 96-108 APPROVING THE FINAL PLAT FOR THE VILLAS AT PARKSIDE, PHASE 11. D.2 ADOPTED RESOLUTION NO. 96-109 APPROVING A DEVELOPER'S CONTRACT FOR THE VILLAS AT PARKSIDE, PHASE II. CA CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status and happenings on various projects in the City. C.2 CONSENT. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF SOUTHWESTERN BELL MOBILE SYSTEMS FOR A SPECIFIC USE PERMIT TO ALLOW THE ERECTION OF A CELLULAR COMMUNICATIONS ANTENNA TOWER, FIFTY (50) FEET IN HEIGHT, AND AN ASSOCIATED EQUIPMENT CABINET, AT 2430 VALLEY VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70 (PD-70) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps stated consideration of this request was continued from the City Council meeting of July 15, 1996. Southwestern Bell Mobile Systems is proposing the placement of a cellular communications antenna tower and equipment cabinet to the rear of the west side of the Bikers Dream building located at 2430 Valley View Lane. The antenna tower is comprised of a fifty (50) foot metal pole with a four (4) foot tall panel antenna attached to the top of the pole. The overall height of the pole with the antenna is fifty (50) feet. The associated metal equipment cabinet is approximately four (4) square feet in area and seven and a half (7 %2) feet tall. A cellular communications tower is permitted within PD-70 zoning district with a specific use permit. Mayor Phelps opened the public hearing. Mr. Dick Calvert, Calvert and Company Architects, 1301 Elm Street, Carrollton, representing Southwestern Bell Mobil Systems came forward and stated his client wishes to add additional equipment which would increase the capacity of service at the interchange of 1-35 (Stemmons Freeway) and I- Vol. 72, page 36 635 (LBJ Freeway). Mr. Calvert stated with congested traffic the old equipment has reached full capacity and additional calls cannot be handled. Mr. Calvert stated the antenna tower would be a 50 foot metal pole with a six foot tall panel, not a four foot tall panel, attached to the side of the pole itself. Mr. Calvert continued to explain the tower is a smaller scale than the existing one at Valwood Parkway and Josey Lane. Mr. Calvert also stated the equipment is housed in a metal cabinet about the size of a traffic signal control cabinet. Mr. Calvert stated the tower and cabinet will be located behind the Bikers Dream building, 100-125 feet from the western right-of-way of Stemmons Freeway. Mr. Calvert also stated the original request was presented to the Council in July and at the City's request, the applicant went back to the property owner and identified a new setback location further from Stemmons Freeway. Mr. Calvert stated he would be available to answer any questions. City Manager Richard Escalante stated the paper work presented to Council indicated the panel antenna would be four feet tall not six feet tall. Mr. Escalante also stated this issue needed to be resolved before Council takes action. A motion by Councilman Pyle, a second by Mayor Pro Tern Moses, all voting "aye", closed the public hearing. Mr. Tom Scales, Director of Community Services stated he was not aware of a six foot antenna panel, that a four foot antenna panel was requested and shown on the site plan, however, the six foot panel would not create a problem. Mr. Calvert stated the height of the tower is 50' with a six foot panel mounted on the side of the tower. Mr. Calvert also stated the overall height of the antenna tower, including the panel, would still be 50 feet. Mayor Phelps asked the staff if they had a problem with a 6 foot tall antenna panel. Mr. Scales stated staff does not have a problem with a 6 foot tall panel. Mr. Escalante stated the site plan and other related documents needed to be legally changed to reflect a six foot tall panel instead of a four foot tall panel, with an overall height of the antenna tower at 50 feet. A motion by Councilman Grubbs, a second by Councilman Bird, all voting Vol. 72, page 37 "aye", adopted the following captioned Ordinance No. 2275 with changes to the site plan and other related documents to reflect a six foot tall panel instead of the four foot tall panel, with an overall antenna tower height of 50 feet. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A CELLULAR COMMUNICATIONS ANTENNA AND AN EQUIPMENT BUILDING WITHIN THE PLANNED DEVELOPMENT NUMBER 70 (PD-70) ZONING DISTRICT AT 2430 VALLEY VIEW 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.4 PUBLIC HEARING: CONSIDER THE REQUEST OF ZONE SYSTEMS, ON BEHALF OF SOUTHWESTERN BELL MOBILE SYSTEMS, FOR A SPECIFIC USE PERMIT TO ALLOW A CELLULAR COMMUNICATIONS ANTENNA TO BE ATTACHED TO THE TOP OF THE EXISTING BUILDING LOCATED AT 4747 LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 39 (PD-39) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. Southwestern Bell proposes a cellular communications antenna on the top of the W.O. Bankston building at 4747 LBJ Freeway. The antenna will be compatible in color with the building and will be placed on the roof at the southeast corner of the service area building. The total height of the antenna will not exceed five feet four inches (5'4") above the roof of the building. An associated equipment cabinet that houses electronic equipment will be placed on the north side of the existing shop and service area building. The cabinet will be screened by the existing building from public view. A cellular communications antenna is permitted within the PD-39 zoning district with a specific use permit. Mayor Phelps opened the public hearing. Mr. Dick Calvert, Calvert and Company Architects, 1301 Elm Street, Carrollton, representing Southwestern Bell Mobil System came forward and stated the antenna will increase Southwestern Bell's capacity along the 1-635 (LBJ Freeway) corridor. Mr. Calvert went on to explain the antenna would be mounted on the roof top of the existing repair shop and would be no Vol. 72, page 38 higher than five feet four inches and would be screened by the existing building from the LBJ Freeway frontage road. Mr. Calvert stated he would be available to answer any questions the Council may have. A motion by Mayor Pro Tern Moses, a second by Councilman Pyle, all voting "aye", closed the public hearing. A motion by Councilman Pyle, a second by Mayor Pro Tem Moses, all voting "aye', adopted the following captioned Ordinance No. 2274. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A CELLULAR COMMUNICATIONS ANTENNA AND AN EQUIPMENT BUILDING WITHIN THE PLANNED DEVELOPMENT NUMBER 39 (PD-39) ZONING DISTRICT AT 4747 LBJ FREEWAY; 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.5 CONSENT. C.6 CONSIDER MATTERS RELATED TO ACTIVITIES OF THE CITY OF FARMERS BRANCH AND CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT INCLUDING THE PROPOSED NATATORIUM AND SCHOOL BOUNDARIES. Mayor Phelps gave the following information for consideration. The City Council and the Carrollton/Farmers Branch Independent School District have discussed the concept of jointly constructing and operating a natatorium. The School Board would like to continue these discussions. Staff has been contacted about arranging a meeting between the City and school staff and representatives of the government bodies. City staff will update City Council on the proposed natatorium and request City Council action on the request to the school district. On previous occasions, the Mayor and City Council have expressed concerns by the City relative to proposed revisions to school boundary lines. The district has developed an alternative proposal to address some of the concerns raised by the Mayor, City Council, and others. This matter will be discussed at the School Board Meeting of Thursday, August 8, 1996. This Vol. 72, page 39 item is placed on the agenda to permit the City Council to address these issues. Mayor Phelps stated City Manager Richard Escalante would give a brief presentation on the School Board issues. Mr. Escalante stated there are two items to be discussed, one being the natatorium. Mr. Escalante explained the School District has posted a special meeting on Thursday, August 8, 1996 at 11:30 a.m. and would be notifying Councilmembers and City staff to attend the meeting. Mr. Escalante stated it is the City's intention to propose a joint city/school natatorium constructed at the site of the old Valwood Bowling Alley and the School Board will also be receiving an alternate proposal from their staff to build a natatorium on the athletic complex located at the stadium. Mr. Escalante stated it will not be the same type of facility as proposed the Valwood site which would have a recreational and educational component, as well as a competitive 25 meter pool. Mr. Escalante stated what is being proposed for the stadium site is a proposal that would be for school functions rather than a joint city proposal. Mr. Escalante stated this is the two options which will be discussed at the Thursday meeting. Mayor Phelps asked if the notice had been posted. Mr. Escalante replied it is not a formal meeting and no formal action will be taken. Mr. Escalante stated the notice was posted. Mr. Escalante stated the City of Farmers Branch has a vested interest in the education of Farmers Branch students and the reputation of Farmers Branch schools is a vital part of the community. Mr. Escalante stated the City should be concerned that socio-economic, racial or ethnic imbalances adversely affect the City. Mr. Escalante stated the School District is undertaking a difficult realignment of school boundaries. Mr. Escalante went on to explain the City and School District have a long-standing, close, and successful relationship founded on the primary goal that our children should be our primary concern and by working together the students will be given the greatest opportunity to Vol. 72, page 40 succeed. Mr. Escalante stated together the City and schools have used resources and expertise to offer programs that educate the students. Mr. Escalante went on to explain the School District is facing critical decisions which will impact the quality of education for many years. Mr. Escalante explained with student population and construction of a third and later a fourth high school, the School District has had to reconsider the school boundaries. Mr. Escalante stated the boundaries for R. L. Turner High School and Newman Smith High School will be affected. Mr. Escalante explained if the school boundary or attendance zone is examined there must be a number of factors to consider. Mr. Escalante went on to explain the school administration is redesigning attendance zones based on four principles, (1) location of school, (2) desired capacity of schools, (3) location of students, and (4) room for growth factored in some sections of the District. 6 e Mr Escalante stated City staff and the City Council have expressed concern regarding the boundary configuration, and the concern that has been expressed is related to the quality of educational opportunities R. L. Turner High School will be able to provide students in the next few years. Mr. Escalante continued to state boundary changes will significantly change the makeup of the student body. Mr. Escalante explained with construction of a third and fourth school will create three very different schools. Mr. Steve Sims, Planning Analyst gave a presentation on the demographic comparison and the socio-economic distribution comparison on R. L. Turner High School, Newman Smith High School, and the proposed North and West High Schools. Mr. Escalante stated the calculations and demographics the city staff has developed are close to the demographics that the School District has developed and there is no dispute relative to the figures that were used. Mr. Escalante stated as the alternatives for the district were reviewed, two things were clear (1) the makeup of our schools will significantly change; and (2) each of the three schools will be very different. Mr. Escalante asked what does this mean for the quality of education for our students and should these factors be of concern. Mr. Escalante stated the City compared TAAS test results with the socio- Vol. 72, page 41 economic factors, the city specifically looked at R. L. Turner High School 1994 TAAS test and found that 56.8% of all students passed all portions of the test, and only 38.5% of the economically disadvantaged students passed all portions of the TAAS test. Mr. Escalante stated from an indicator of financial economics test results are different. Mr. Escalante stated there are differences in other criteria as well, comparing SAT, ACT, and drop out rates. Mr. Escalante also stated this will affect R. L. Turner High School and the School District. Mr. Escalante asked if the number of economically disadvantaged students increased significantly, and everything else held constant, what will be the passing rate for the school as a whole. Mr. Escalante explained a significant increase in the number of economically disadvantaged students will result in a reduced number of college bound students and lower SAT and ACT criterion scores. Mr. Escalante asked can R. L. Turner continue to offer students the same advanced courses as they currently provide with this declining percentages. Mr. Escalante stated Newman Smith and the new high schools will have significantly different socio-economic factors which will result in a high demand for college preparatory classes, advanced placement classes, and other enrichment programs. Mr. Escalante stated these same programs may not be offered at R. L. Turner High School because the number of students will be smaller. Mr. Escalante stated education is much more than the classes offered, programs such as music, art, and parental involvement in PTA are very important to the educational success of students. Mr. Escalante stated as demographics begin to change in Farmers Branch at the elementary and junior high level, involvement in programs such as orchestra and band are less. Mr. Escalante stated the City put a program in place to help supplement the purchase of band instruments. Mr. Escalante stated the City tried to develop recommendations by considering a number of options to present to the City Council. Mr. Escalante explained the City Council should ask the School District to delay the boundary adjustments and delayed until factors used to determine new proposed attendance zones be revised to add academic achievement and equal access to educational opportunities and the boundary adjustment be comprehensively studied to determine the impact and the boundary Vol. 72, page 42 changes will have on equal access to the full range of educational opportunities, and academic achievement and any inequities be addressed by development of a plan to remedy the inequities. Mr. Escalante suggested a plan and a funding plan be adopted by the School Board before attendance zones are modified. Mayor Phelps stated the City will voice their concerns at the meeting on Thursday. Mayor Phelps called upon Mr. Mike Morgan, a Carrollton/Farmers Branch Independent School Board Member. Mayor Phelps stated the City will draft a letter to the School Board showing their concern. Mayor Phelps encouraged residents who have concerns to attend the School Board Meeting on Thursday at 7 p.m. Mayor Phelps asked if anyone in the audience would like to speak on this issue. Mr. James Goode, stated the comparison of racial composition is not an issue, but the most important issue is economic composition. Mayor Phelps stated this is not intended to be a racial issue but rather a socio-economic issue. Mr. Goode stated he does not want the public to think this is a racial issue. Mr. Michael Morgan, 3308 Gatwick Place, a member of the School Board explained the School District has been working on these issues for several months and expressed a desire that the School Board work with the City Council. Mr. Frank Shor, 2517 Danny Lane, asked if there are any time constraints the school district is under in terms of getting the redistricting accomplished. Mr. Shor asked if there is an alternative proposal the City Council would support, and can academic excellence be measured and corrected. Mr. Escalante responded that moving County Place Elementary School students to R. L. Turner is a step in the right direction but the problem is more comprehensive. Mr. Escalante stated it does not address the inequities the demographics indicate may appear if more comprehensive steps are not taken. Mr. Escalante stated it is appropriate to ask for a study because the City will hold educators responsible for delivering excellence in the academic areas. Mr. Escalante stated the City staff will ask the School District to authorize Vol. 72, page 43 staff and any other resources needed to develop this plan and study the inequities. Mr. Escalante stated the City does not have all the solutions and would like to assist in any way in the development of those solutions. Mr. Escalante explained it requires more study than just looking at lines on a map and moving one elementary school district from one high school to another high school. Mr. Escalante stated the City does not want to have to address these problems in three years. Mr. Chris Chorley, 3511 Brookline, asked if the City has asked the School Board to postpone the school boundaries and do more studies. Mr. Escalante replied the City has asked for a postponement. Mr. Chorley asked if the School Board had the ability to postpone or what is it going to do. Mr. Chorley asked if there is information for citizens to look at on the proposed boundary changes. Mayor Phelps asked Mr. Morgan if he could answer the question by Mr. Chorley. Mr. Morgan stated the School District has a number of maps available with the proposed boundary lines delineated very carefully. Mr. Morgan also stated the maps will be available at the August 6th meeting. Mr. Chorley asked if there would be a vote following the meeting on Thursday. Mr. Morgan stated the Administration would probably make their final recommendation on boundary changes at the Board Meeting. Mr. Morgan stated the proposals will be distributed throughout the schools. Mr. Chorley, asked if the population would be able to give more input. Mr. Morgan stated residents could give their input. Mr. Morgan stated the School District had a series of public hearings to present the boundary changes and receive additional input from the community. Mr. Chorley asked if Farmers Branch had an equal voice for voting on the Vol. 72, page 44 School Board. Mr. Morgan responded members are elected by the entire school district population and there are no single-member districts. Mr. Morgan also stated there are presently two members that are residents of Farmers Branch. Mr. Escalante commented the City has boundary maps that would be available after the meeting. Mr. Chorley stated property values will go down if people cannot be in a good school district. Mayor Phelps stated this is a major concern and also the education of our students is very important to the City. Mayor Phelps stated Turner is an excellent school and the City wants to keep it that way. Mayor Phelps stated the Council is encouraging people to be at the meeting on Thursday night. Mr. Chorley stated we need to get more people at the meeting. Mr. Jim Barrett, 3411 Gatwick, stated he has several children in the School District and one of the nice things about the community is the educational system. Mr. Barrett stated he has been a volunteer counselor for at risk students at R. L. Turner for the last three years. Mr. Barrett stated the boundaries have changed several times in the paper and the information has not been disseminated and actually viewed. Mr. Barrett stated two weeks is a little to quick to view these boundaries and get back to the School Board. Mr. Barrett hopes the School Board will postpone their decision until residents have had time to study the recommendations. Mr. Barrett stated also the boundaries of several schools have changed since the initial plan was presented. Mr. Barrett stated residents are not opposed to diversity in the school district and no one would oppose diversity in all areas, whether its economic or racial, but the plan suggested does not allow for this and he believes it is important the School District know there must be alternatives to be fair. Mayor Phelps stated it is the consensus of the City Council to support the City Manager's recommendations and support drafting a letter to the School Vol. 72, page 45 Board. Mayor Phelps stated Councilmembers will be calling PTAs and organizations involved with children to get them lined up for the School Board Meeting. Mr. Escalante stated the staff will draft a letter to the School District and distribute to the City Council for signatures. Councilman Pyle asked Mayor Phelps if he was making the presentation at the School Board meeting on Thursday night or was Mr. Escalante. Mayor Phelps stated he would like to see as many Councilmembers present at the School Board meeting and he would be making the initial presentation, then staff would present facts and figures. Councilman Pyle reiterated the School District has a varied constituent and it is important for the City Council attend the School Board meeting. Councilman Pyle also stated the Council needs to take deliberate action, get in touch with PTAs and schools in the district, and see if the City can make Farmers Branch's position as well known and heard as other parts of the District. Councilman Grubbs stated there is a possibility he will be out of town on Thursday, but will try to get back in time for Meeting. Councilman Grubbs voiced his support of the position that the City has taken. Councilman Grubbs also stated the educational activities are important to our community, R. L. Turner is a great school, and the City just wants to keep it that way. Councilwoman Davis asked Mayor Phelps to please state the time, date, and place of Thursday's School District meeting so viewers watching at home will know where to go. Mayor Phelps stated the time would be 7 p.m. on Thursday at 1445 N. Perry in Carrollton at the School Administration Building. Mayor Phelps again encouraged as many citizens to attend the meeting as possible. D.1 CONSIDER ADOPTING RESOLUTION NO. 96-094 AWARDING THE BID FOR THE REHABILITATION OF GABION STRUCTURES ALONG RAWHIDE CREEK BETWEEN JOSEY LANE TO LONGMEADE DRIVE TO LARRY H. JACKSON Vol. 72, page 46 CONSTRUCTION, INC.. AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The existing gabion structures along the south side of Rawhide Creek are experiencing undermining and overturning in two locations between Josey Lane and Longmeade Drive. The rehabilitation of gabion structures at these two locations is included in the 1995-96 Non Bond Capital Improvement budget in the amount of $84,710. Three contractors submitted bids. All bids met specifications. Larry H. Jackson Construction Company submitted the lowest bid of $37,650 with a contract time of 45 calendar days. A protest has been raised by another bidder to the award of this bid to the lowest bidder. The City Council has been provided with the correspondence concerning this protest. The City Engineer recommends the adoption of Resolution No. 96-064 awarding the bid for the rehabilitation of the gabion structures along Rawhide Creek between Josey Lane and Longmeade Drive to Larry H. Jackson Construction, Inc. in the amount of $37,650 and waiving all formalities to the extent that any need to be waived. Councilman Grubbs stated most of the gabion work that has been done in the City and surrounding cities has been done by a firm that has protested this bid on several issues. Councilman Grubbs also asked if the staff had done an extensive investigation on the qualifications and credibility of the low bidder. Mr. Jerry Murawski, City Engineer stated the low bidder has good qualifications. Mr. Murawski also stated staff does recommend awarding the bid to Larry H. Jackson Construction Company. Councilman Grubbs asked if this is his first project. Mr. Murawski stated the contractor has a track record with four other governmental entities. Mr. Murawski also explained other governmental entities stated the work was satisfactory and was done within the amount and time allowed, and staff was satisfied with the work. Mr. Murawski stated the project would be the smallest of projects that Jackson Construction Company has performed. Councilman Grubbs asked if the contractor was bonded for this amount. Vol. 72, page 47 Mr. Murawski replied this was correct. Councilman Bird asked how long the present gabions have been in the City. Mr. Murawski replied they have been in place for approximately ten years. Councilman Bird asked how long the new gabions would last. Mr. Murawski stated they should last longer than the original ones. Mr. Murawski stated turbulence in some areas undermined the gabions in some areas. Mr. Murawski stated repair includes placement of a gabion blanket in front of the gabions. Mr. Murawski stated six years ago the City completed repairs down stream by installing a blanket gabion one foot thick and six feet into the creek bottom. Mr. Murawski stated this is about the closest to a permanent solution the City is going to have. Councilman Bird asked will the gabions be in place for a long time. Mr. Murawski replied the gabions would easily be in place for 20-25 years. Mayor Phelps stated in the information sheet the gabions were constructed in November of 1984. Mayor Phelps stated a protest was raised over the failures of the low bidder to submit a completed contractor information sheet with the bid. Mr. Murawski replied the completed contractor information sheet was submitted the next day. Mayor Phelps also asked if the detailed information sheet was reviewed by the City Attorney. Mr. John Boyle, City Attorney stated he is satisfied the low bidder did submit a responsive bid and the City has the ability to award the contract if it is the City's desire. Mr. Murawski added the contractor information sheet is a separate document in the City's specifications. Mr. Murawski stated sometimes contractors do not submit the contractor information sheet with the bid proposal. Mr. Murawski stated immediately after staff has identified the low bidder, staff asks for the contract Vol. 72, page 48 information sheet; staff evaluates the contractors information sheet; it is always reviewed by staff before staff makes recommendation to City Council for any project. Mayor Phelps stated paperwork submitted to Council with grand total amount and the statement all above items must be filled in by contractor, failure to provide all requested information would disqualify the bidder. Mayor Phelps stated this statement was confusing. Mr. Murawski stated the project manual is composed of 150 pages and contains information regarding notice to bidders, specifications, bid proposals, contractor information, and special conditions. Mr. Murawski added there are only four pages of the bid proposals that need to be completely filled out. Mr. Murawski also stated this was the first time that a protest had been submitted on this issue. A motion by Councilwoman Davis, a second by Mayor Pro Tern Moses, all voting "aye", adopted Resolution No. 96-094 awarding the bid for the rehabilitation of the gabion structures along Rawhide Creek between Josey Lane and Longmeade Drive to Larry H. Jackson Construction, Inc. in the amount of $37,650 and waiving all formalities to the extent that any need to be waived. D.2 CONSENT. D.3 CONSIDER ADOPTING ORDINANCE NO. 2148 GRANTING A FRANCHISE TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO FURNISH, TRANSPORT, AND SUPPLY GAS AND TAKE APPROPRIATE ACTION Mayor Phelps gave the following information for consideration. Ordinance No. 4, approved by the City of Farmers Branch City Council on May 28, 1946, granted a fifty year franchise for gas service to the Lone Star Gas Company. This ordinance was temporarily extended on May 20, 1996, by Ordinance No. 2260 to allow additional negotiations on a longer term franchise agreement. Ordinance No. 2148 provides for a new twenty year franchise. The original franchise provided that a 2% fee be paid on the gross receipts received by Lone Star Gas for service provided to Farmers Branch customers. This fee represents $120,000 in revenues this year. Ordinance No. 2148 will increase the revenues by increasing the franchise fee to 4%. Lone Star Gas customer rates, which include City franchise fees, are set by regional distribution system. All customers on a particular distribution Vol. 72, page 49 system are charged the same rate. Farmers Branch, Carrollton, and Addison share the same distribution system. Addison has a 4% gas franchise fee and Carrollton is currently in negotiations to renew their franchise fee at 4%. Farmers Branch would effectively be subsidizing customers of Addison if the City adopted a rate less than 4%. An increase in franchise fees may temporarily increase Farmers Branch customer gas bills until Lone Star Gas receives a regional rate increase. Franchise fees are passed through to the gas customer in the "Base Cost of Gas Service" line item on the customer's bill. At the time of a regional rate increase, the Farmers Branch franchise fee increase will be spread among all regional distribution customers and the subsidization of Addison will end. Mayor Phelps stated the Franchise Agreement would require a second reading and be advertised in the newspaper. Mayor Phelps asked if the Franchise Agreement had been published in the newspaper. Mr. Charles Cox, Finance Director, stated the City Charter provides the Ordinance will be published for four consecutive weeks in the newspaper after the second reading of the Ordinance, which is scheduled for September 9, 1996. Councilwoman Davis asked in the event another City gets a rate increase, will Farmers Branch be able to change the rate. Mr. Cox stated that the Ordinance does not include a favored nations clause which would allow an increase in the city's rate if another city approved an ordinance with a higher rate than Farmers Branch. Mr. Cox explained the Ordinance allows for renegotiation of the Franchise Agreement for any reason at anytime. Mr. Escalante stated the legislature will be taking up the issue of electric wheeling in the future. Mr. Escalante also stated there is a possibility it will impact this gas franchise. Mr. Escalante also stated the Franchise Agreement could change with state law relative to the regulation on how it will impact municipal franchises and this is not known at this time. Ms. Jeanne Hooker, Lone Star Gas, hoped the City would renew the Franchise Agreement with Lone Star Gas. Vol. 72, page 50 A motion by Councilman Pyle, a second Councilman Grubbs, all voting "aye", adopted the first reading of the following captioned Ordinance No. 2148 providing for a 20 year gas franchise agreement. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, GRANTING TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH, TRANSPORT, AND SUPPLY GAS AND TAKE APPROPRIATE ACTION. D.4 CONSIDER ADOPTING RESOLUTION NO. 96-111 AWARDING THE BID FOR DEMOLITION OF THE PRESENT BATHHOUSE, CONSTRUCTION OF A NEW BATHHOUSE AT DON SHOWMAN PARK AND CONSTRUCTION OF A RESTROOM/CONCESSION STAND AT W. L. COX PARK TO ROME CONSTRUCTION, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The bathhouse at Don Showman Park was constructed over 30 years ago, and the building is outdated. The restroom at W. L. Cox Park is a portable facility mounted on a trailer and is too small to handle large numbers of park users, and requires frequent maintenance and major repairs. The bathhouse was previously bid in October 1995, but the bids were rejected as they were well above the budget. In an attempt to attract more bidders, the bathhouse project was combined with construction of a restroom and concession stand in W. L. Cox Park. The 1995-96 Non-Bond CIP budget for these projects is $475,000. Six bids were submitted. The lowest bidder is Rome Construction, Inc. with a base bid of $363,000. Three add alternates totaling $17,000 are recommended for a total project cost of $380,000. The Parks and Recreation Department Director recommends adopting Resolution No. 96-111 awarding the bid for demolition of the present bathhouse, construction of a new bathhouse at Don Showman Park, and construction of a restroom/concession stand in W. L. Cox Park to Rome Construction, Inc. in the amount of $380,000. Councilman Grubbs stated this item was discussed in the afternoon Study Session and there was indication by staff member that there were two systems considered for the foundation system on this structure. Councilman Grubbs stated it was the consensus of the City Council that staff get additional information on the foundation system. Vol. 72, page 51 A motion by Councilman Grubbs, a second by Councilman Bird, all voting "aye", tabled this item until the August 19, 1996 Budget Workshop meeting. Mayor Pro Tern Moses asked if this delay would have any effect on the bid process. Mr. Murawski, City Engineer stated if the review shows no change in foundation and revised design, there should not be an impact on the contract. Mr. Murawski explained if there is an impact based on the review of the two proposals, staff will get back with the Council at a later date. Councilman Grubbs asked how long the contractor's bid would be valid. Mr. Murawski stated the bid is valid for 60 days and the project would need to be completed before the summer of 1997 and should not be a problem. Mr. Jeff Fuller, Director of Parks and Recreation stated construction time for this project is 180 days and does not see any problems unless the foundation has to be redesigned. A motion by Councilman Grubbs, a second by Councilman Bird, all voting "aye", tabled this item until the August 19, 1996 Budget Workshop meeting. D.5 CONSIDER ADOPTING RESOLUTION NO. 96-1 16 AWARDING THE BID FOR ONE TRUCK WITH A MOUNTED SEWER CLEANING MACHINE TO UNDERGROUND, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The 1995- 96 Public Works Department budget includes $60,000 for the purchase of a replacement truck with a mounted sewer cleaning machine for the Utilities Division. The lowest bid, meeting specifications, was submitted by Underground, Inc. in the amount of $52,999.00. Staff recommends adopting Resolution No. 96-116 awarding the bid for the purchase of one truck with a mounted sewer cleaning machine to Underground, Inc. the low bidder meeting specifications, in the amount of $52,999.00. A motion by Mayor Pro Tern Moses, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 96-1 16 awarding the bid for the purchase of one truck with a mounted sewer cleaning machine to Underground, Inc. the low bidder meeting specifications, in the amount of 552,999.00. Vol. 72, page 52 D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated he attended the Association of Mayors, Councilmembers and Commissioners Leadership Institute in Odessa on July 25-27. Mayor Phelps stated he was impressed with one session titled "Attraction or Distraction of your Local School District." Mayor Phelps stated the session dealt with enhancing relationships with the local school district. Mayor Phelps also stated after listening to other Mayors and Councilmembers throughout the State of Texas, Farmers Branch is fortunate to have excellent management and excellent staff which makes the Council's job a lot easier. Councilman Grubbs stated he also attend this conference in Odessa. Councilman Grubbs stated he was impressed by a session on the Pros and Cons of Privatization of Landfill Operations, and Operations Water Treatment Plant. Councilman Grubbs stated of equal importance was the opportunity to visit with elected officials from other cities and discuss their city's operations. Councilman Bird stated he was also fortunate to attend the Conference in Odessa and was in agreement with Mayor Phelps on the session titled "Attraction or Distraction of Your Local School District." Councilman Bird stated this session was very beneficial and will be useful in dealing with the School Board. Councilman Bird stated he attended six additional seminars in addition to the regular sessions and was impressed with the Attorney General update. Councilman Bird stated he learned about new laws that would affect the Council's decision making. Councilman Bird stated another seminar he attended was Legal Questions and Answers for Home Rule Cities. Councilman Bird stated the City of Farmers Branch will not spend money unnecessarily. Councilwoman Davis stated she attended the Odessa meeting and it was an opportunity for the Council to work as a group. Councilwoman Davis reiterated it was an excellent conference and was sorry that Councilman Pyle and Mayor Pro Tern Moses were not able to attend. Mr. Escalante explained he attended the TML session with the Council and added there was no wasted time and after the sessions Councilman Grubbs Vol. 72, page 53 and Bird asked to go over the budget. Councilwoman Davis stated she received an invitation to attend a session on a Small City Problem Solving Clinic from TML and asks that staff look into it. D.7 CITIZEN PARTICIPATION. Mrs. Mildred Rogers, 14400 Shoredale, stated she is still concerned with City Council travel. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. STUDY SESSION. THE DISCUSSION BEGAN AT 6:50 P.M. AND CONCLUDED AT 7:20 P.M.. TEXAS GOVERNMENT CODE CHAPTER 551 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.1 a DISCUSS PERSONNEL MATTERS -TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS APPOINTMENT TO THE DALLAS COUNTY HEALTH ADVISORY COMMITTEE. 2. DISCUSS APPOINTMENT OF A DIRECTOR FOR THE FARMERS BRANCH NEIGHBORHOOD CRIME WATCH PROGRAM. 3. DISCUSS APPOINTMENTS TO THE PARKS AND RECREATION BOARD. 4. DISCUSS APPOINTMENT OF MUNICIPAL COURT JUDGES. 5. DISCUSS APPOINTMENT TO THE FARMERS BRANCH INDUSTRIAL DEVELOPMENT CORPORATION. 6. DISCUSS APPOINTMENT TO THE FARMERS BRANCH HOUSING FINANCE CORPORATION. 7. DISCUSS APPOINTMENT TO THE METROCREST HOSPITAL AUTHORITY. Mayor Phelps and members of the City Council discussed appointments to the various boards indicated above. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION IN OLD FARMERS BRANCH. 2. DISCUSS LAND ACQUISITION AT 13327 MIDWAY ROAD ASSOCIATED WITH MIDWAY ROAD WIDENING PROJECT. Assistant City Manager John Burke gave a report on possible land acquisition Vol. 72, page 54 at several sites. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on personnel matters discussed in the Executive Session. A motion by Councilman Pyle, a second by Mayor Pro Tern Moses, all voting "aye", appointed Tom McDougald on City staff to the Dallas County Health Advisory Committee. Mayor Phelps stated no decision has been made to appoint a Crime Watch Director at this time and postponed this item until the next regularly scheduled City Council meeting. No action was necessary. A motion by Mayor Pro Tern Moses, a second by Councilman Bird, all voting "aye", moved David Martinez from Alternate Place 2 to Place 5 and appointed Jimmy Thompson as Alternate Place 2 on the Parks and Recreation Board. Mayor Phelps reported the appointment of Municipal Court Judges will be postponed until the regularly scheduled City Council meeting on September 9, 1996. No action was necessary. A motion by Councilman Grubbs, a second by Mayor Pro Tem Moses, all voting "aye", appointed Jim Andrews to serve on the Farmers Branch Industrial Development Board and the Farmers Branch Housing Finance Corporation. A motion by Councilman Pyle, a second by Councilman Grubbs, all voting "aye", appointed Jeff Binford to the Metrocrest Hospital Authority. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported that Assistant City Manager John Burke gave an update on land acquisition in the Old Farmers Branch area. No action was necessary. Mayor Phelps reported that City Council authorized City staff to continue negotiations with the property owner at 13327 Midway Road. No action was necessary. Vol. 72, page 55 F.1 ADJOURNMENT. A motion by Mayor Pro Tern Moses, a second by Councilman Pyle, all voting "aye", adjourned the City Council meeting of August 5, 1996, at 9:30 P.M. Mayor City Secretary 7 i Vol. 72, page 56