City of Farmers Branch

City Council Regular Meeting Agenda

City Hall Plaza

13000 William Dodson Parkway

Farmers Branch, Texas

Monday, July 11, 2005

7:30 P.M.

The following members of the City Council were present:

Mayor Bob Phelps

Mayor Pro Tem Charlie Bird

Deputy Mayor Pro Tem Ben Robinson

Councilmembers Junie Smith

Tim O’Hare

Bill Moses

The following members of the Administration were present:

City Manager Linda Groomer

Assistant City Manager Mary Jane Stevenson

Assistant City Manager Greg Vick

City Attorney Doug Conner

City Secretary Cindee Peters

Assistant to the City Manager John Roach

Director of Economic Division Norma Nichols Reed

Finance Director Charles Cox

Director of Public Works Mark Pavageaux

Director of Community Services Michael Spicer

Director of Parks and Recreation Jeff Fuller

Police Chief Chief Fawcett

Deputy Fire Chief of Operations Ronnie Inman

Library Director Danita Barber

City Engineer Jerry Murawski

Director of Communications Tom Bryson

Director of Equipment Services Don Moore

Recording Secretary Suzanne Reynolds

Mayor Phelps called the City Council meeting of July 11, 2005 to order at 7:30 p.m. The meeting was televised.

A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.

Councilman Moses gave the invocation, and Scout William Lancaster from Troop No. 874, who is working on his Communications Badge, led the pledge of allegiance.

A.2 PROCLAIM JULY 11, 2005 AS APPRECIATION DAY FOR THE DOUBLETREE HOTEL DALLAS NEAR THE GALLERIA.

Mayor Phelps explained that the Doubletree Hotel Dallas/Farmers Branch was the host caterer for the Meeting Professionals International, Inc. May event at the Dr Pepper StarCenter in Farmers Branch. They generously donated their staff time and labor, offered tremendous discounts on their fantastic meal and served over 200 meeting industry professionals with excellent quality food and service. The Doubletree Hotel went “above and beyond” to ensure that the first event on covered ice at the City’s new Dr Pepper StarCenter was a huge success.

Mayor Phelps read and presented a proclamation to General Manager John Yeung, Director of Sales Sharon Butler and Director of Catering Fran Challahan with a proclamation proclaiming July 11, 2005 as “Appreciation Day for the Doubletree Hotel Dallas.”

A.3 PRESENT PROCLAMATION TO MARGARET COMPTON CELEBRATING HER 25 YEARS OF VOLUNTEER SERVICE TO THE MANSKE LIBRARY AND HER 2005 VOLUNTEER OF THE YEAR AWARD FROM THE NORTHEAST TEXAS LIBRARY SYSTEM.

Mayor Phelps stated that Margaret Compton began volunteering for the Manske Library in 1980. Over the years, she has helped with many major projects including the periodic inventory of the library collection and bar coding materials in preparation for the conversion from the old card catalog to the online system. She regularly processes new materials for checkout to the public, mends books in need of repair and helps with shelving the materials.

She is an excellent seamstress and has sewn costumes, puppets, stuffed animals, wall hangings and pillows for the Library’s Youth Services area. Margaret has also created crafts and games for children’s programs. One year, she even made a wedding gown for a library employee!

Margaret averages about 15 hours per week volunteering at the Library and cheerfully takes on any task given her. She regularly brings homemade treats for the staff and makes dozens of cookies and other items to help with the Friends of the Library semi-annual book sales, at which she works as a cashier.

Margaret and her husband, Jud, are world-class benefactors for the Library with many gifts throughout the years of toys and books for young patrons to enjoy. When she spots a need, Margaret is always there to donate materials to augment the Library’s collection.

Margaret was honored as the 2005 Northeast Texas Library System Volunteer of the Year for cities serving a population over 12,000 at an awards ceremony on June 15. The Northeast Texas Library System is one of 10 regional library systems that serve public libraries in Texas. Manske Library is a member of the Northeast Texas Library System along with approximately 200 other public libraries in the region. The System members noted that Margaret’s amazing energy, talent and commitment are truly inspirational to the library staff, her fellow volunteers and the Farmers Branch community.

Mayor Phelps read and presented a proclamation to Margaret Compton celebrating her 25 years of volunteer service to the Manske Library and for her 2005 Volunteer of the Year award from the Northeast Texas Library System.

A.4 CONSIDER PROCLAIMING JULY AS PARKS AND RECREATION MONTH IN FARMERS BRANCH AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. In conjunction with the nationally recognized observation of July as Parks and Recreation month, the Parks and Recreation Department requests that the City Council proclaim July as Parks and Recreation Month in Farmers Branch. The City of Farmers Branch, along with over 4,000 other cities across the nation, will celebrate this special occasion with activities to help citizens enjoy this month. In addition to usual classes, leagues, and activities, the department will feature the following events:

· July 1, Independence Celebration was held at the Senior Center

· July 3, Independence Day event was held at the Historical Park with a concert and fireworks

· July 15-23, Farmers Branch Little League Tournament

· July 28-30, Prime Time Sports National Basketball Tournament

· July 22-24, King Tut Soccer Tournament

· July 23, Senior Volleyball Play Day Tournament at the Community Recreation Center

· Numerous Summer Funshine Program and Senior Center participant field trips.

Mayor Phelps read and presented a proclamation to Margaret Young, Parks and Recreation Board Chair representing the Board.

Parks and Recreation Director Jeff Fuller announced that they had just received notice that Ms. Young had been selected to receive the prestigious Ralph C. Wilson Award at the National Recreation and Parks Association Conference in San Antonio in October.

A.5 PRESENTATION OF SERVICE AWARD - LANE HENDERSON OF THE FIRE DEPARTMENT – 15 YEARS.

Mayor Phelps presented a 15-year employee service award to Lane Henderson with the Farmers Branch Fire Department.

A.6 PRESENTATION OF SERVICE AWARD - TONY DERRICK OF THE PARKS AND RECREATION DEPARTMENT - 10 YEARS.

Mayor Phelps presented a 10-year employee service award to Tony Derrick with the Parks and Recreation Department.

A.7 PRESENTATION OF SERVICE AWARD - PAUL MATTSON OF THE COMMUNITY SERVICES DEPARTMENT - 5 YEARS.

Mayor Phelps presented a 5-year employee service award to Paul Mattson with the Community Services Department.

A.8 PRESENTATION OF SERVICE AWARD - HECTOR LOPEZ OF THE PARKS AND RECREATION DEPARTMENT - 5 YEARS.

Mayor Phelps presented a 5-year employee service award to Hector Lopez with the Parks and Recreation Department.

A.9 PRESENTATION OF BOARD APPLICATIONS.

There were no applications presented.

A.10 REPORT ON STUDY SESSION ITEMS.

Mayor Phelps and City Council gave a brief summary of the items discussed in Study Session.

B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION.

Mayor Phelps stated consent items are items that are to be considered 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 consent items is to speed up discussion for those items that need more time for discussion.

A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem Robinson, all voting “aye,” approved the Consent Agenda as submitted.

B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JUNE 13, 2005.

B.2 ADOPTED RESOLUTION NO. 2005-080, IMPLEMENTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM.

B.3 ADOPTED RESOLUTION NO. 2005-085 APPROVING A PARTIAL RELEASE OF COVENANTS TO A DEVELOPER'S CONTRACT RELATIVE TO THE GREAT INDOORS ADDITION.

B.4 ADOPTED RESOLUTION NO. 2005-088 AWARDING BIDS FOR THE ANNUAL PROCUREMENT OF TRAFFIC SIGNAL MATERIALS AND EQUIPMENT.

B.5 ADOPTED RESOLUTION NO. 2005-070 NOMINATING ESSILOR USA AS AN ENTERPRISE ZONE PROJECT.

C.1 CITIZEN PARTICIPATION.

There was no citizen participation.

C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2821 APPROVING THE REQUEST BY LINDA HADDOCK FOR A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SHOP AND A 63 SQUARE FOOT MONUMENT SIGN AT 13545 WEBB CHAPEL ROAD, WITHIN THE OFFICE ZONING DISTRICT AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The subject property is improved with a 4,700 square foot, one story building. The existing building was previously used as a medical office. Proposed improvements to the property include replacement of the existing monument sign with a larger, updated monument sign and installation of eight additional trees in front of the building. The proposed monument sign is comparable in size with nearby existing monument signs along Webb Chapel Road. The additional trees will bring the site into conformance with current zoning standards. No exterior changes to the building are proposed.

The beauty shop use and the monument sign both require approval of a specific use permit in the Office zoning district.

The Planning and Zoning Commission unanimously recommends approval of the requested specific use permit, including the associated site plan drawings.

Mayor Phelps opened the public hearing.

John Wells, 13521 Heartside Place, expressed his concerns regarding the proposed 63 square foot monument sign.

Mayor Pro Tem Bird commented the sign was comparable to existing signs in the area.

A motion by Councilman Moses, seconded by Councilwoman Smith, all voting “aye,” closed the public hearing.

There being no further discussion, a motion by Mayor Pro Tem Bird, seconded by Councilman O’Hare, all voting “aye,” adopted the following captioned Ordinance No. 2821 approving the specific use permit, including the associated site plan drawings 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, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SHOP AND A 63 SQUARE FOOT SIGN LOCATED AT 13545 WEBB CHAPEL ROAD WITHIN THE OFFICE (O) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE.

C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2822 APPROVING THE REQUEST BY NEXTEL COMMUNICATIONS FOR A SPECIFIC USE PERMIT TO ALLOW AN APPPROXIMATE 18-FOOT EXTENSION OF AN EXISTING 90-FOOT TALL MONOPOLE TOWER, THE ADDITION OF 12 ANTENNA PANELS AT A HEIGHT OF 99 FEET AND AN ASSOCIATED 230 SQUARE-FOOT EQUIPMENT SHELTER AT THE BASE OF THE TOWER, LOCATED AT 14400 JOSEY LANE AND WITHIN THE LOCAL RETAIL-2 ZONING DISTRICT AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. This application proposes installation of an 18-foot extension to the existing monopole tower, 12 antenna panels in a triangular array at a height of 99 feet, and the addition of an associated equipment shelter at the base of the tower. The subject site is within the approximately one-acre TXU service center compound at 14400 Josey Lane. There is an adjacent, existing Verizon Wireless antenna system with 9 triangular-configured antenna panels on a 90-foot tall monopole tower and an associated equipment shelter at its base.

The trees and shrubs designated on the approved landscape plan for the existing Verizon Wireless antenna system provide visual screening of the subject site from residential properties and public view. However, the current landscaping on site does not conform to the approved landscape plan due to spaces within the rows of shrubs, likely caused by death and non-replacement of the shrubs. There is no automatic irrigation system for the existing landscaping.

The application proposes to replace the missing plant material and add 15 live oak street trees along Hollandale Lane and 3 live oak street trees along Josey Lane to compensate for the additional height of the monopole and to help foster an increased urban ambiance for the neighborhood adjacent to the site. An automatic irrigation system is also being proposed.

The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit, including the associated site plan drawings, with the following conditions:

1. Within sixty days of approval of this specific use permit and before issuance of a certificate of occupancy for operation of the proposed antenna installation, the landscaping materials and irrigation system shall be installed in accordance with the landscape plan and the improvements inspected by staff.

2. The owners of the monopole, attached antenna systems, equipment cabinets, and all associated appurtenances, at such time that any of those items become obsolete and/or abandoned, shall remove said items within ninety days of receipt of written notice from the City.

Since the Planning and Zoning Commission hearing, the applicant learned of a federal permitting requirement that may likely add more time for installation of landscaping and irrigation. Therefore, condition number 1 has been modified with a mutually acceptable flexible compliance format. The amended condition number 1 is:

1. Before utility release for operation of the proposed antenna installation, the landscaping materials and irrigation system shall be installed in accordance with the landscape plan and the improvements inspected by staff.

Mayor Phelps opened the public hearing. No comments were presented.

A motion by Mayor Pro Tem Bird, seconded by Councilwoman Smith, all voting “aye,” closed the public hearing.

There being no discussion, a motion by, Councilman Robinson seconded by Councilman O’Hare, all voting “aye,” adopted the following captioned Ordinance No. 2822 approving the specific use permit including the associated site plan drawings, and repealing Ordinance No. 2770, with the conditions recommended by the Planning and Zoning Commission and with the conditions recommended by the Planning and Zoning Commission as amended by staff.

AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY REPEALING ORDINANCE NUMBER 2770 AND BY GRANTING A SPECIFIC USE PERMIT TO ALLOW an 18-foot extension to an existing 90-foot tall monopole tower, collocation of twelve additional cellular antenna panels to be mounted at a height of 99 feet on the tower and a 230 square-foot equipment shelter at the base of the tower located on aN APPROXIMATELY 1.03-acre tract at 14400 Josey Lane, within the Local Retail-2 zoning district; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE.

D.1 CONSIDER ADOPTING RESOLUTION NO. 2005-090 AWARDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR EMPLOYEE AND RETIREE INSURANCE AND BENEFIT PROGRAMS, INCLUDING HEALTH, MEDICARE SUPPLEMENT, DENTAL, LONG-TERM DISABILITY INSURANCES AND HEALTH SAVINGS ACCOUNT AND FLEXIBLE SPENDING ACCOUNT/SECTION 125 ADMINISTRATION AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The City offers a competitive employee benefits package. The plan currently provides core insurance benefits including: major medical, life and accidental death & dismemberment, long-term disability, and flexible spending accounts. Employees are responsible for paying a portion of the coverage and the City also offers a number of other optional or voluntary coverages that employees may elect at their cost. Contracts for the employee benefits package expire on September 30, 2005.

An employee committee was used to formulate recommendations to the City Manager for major medical insurance (for employees and retirees under age 65), dental care and long-term disability benefits. The committee consisted of representatives from each department and their recommendations were submitted to the City Manager and endorsed for presentation to the Mayor and Council.

A total of 20 proposals were received and opened for six lines of insurance coverage and third party administration services. The coverage and third party administrative services proposals were for: major medical, Medicare supplement, dental, and long-term disability coverages, and for the administration of Health Savings Accounts and Flexible Spending /Section 125 Accounts.

Staff recommends:

· UnitedHealthcare as the major medical insurance provider and Health Savings Account administrator for employees and retirees under age 65;

· American Association of Retired Persons, or AARP, for Medicare supplement coverage;

· Guardian as the dental care insurance provider;

· Jefferson Pilot as the long-term disability provider; and

· MGIS continuing Section 125/Flexible Spending administration with the current carrier.

There being no further discussion, a motion by Councilwoman Smith, seconded by Councilman Moses, all voting “aye,” adopted Resolution No. 2005-090 authorizing the City Manager to enter into contracts for employee benefits with United Healthcare, American Association of Retired Persons, Guardian Life Insurance Company of America, Jefferson Pilot, and MGIS.

D.2 CONSIDER ADOPTING RESOLUTION NO. 2005-087 APPROVING A MASTER AGREEMENT AND A SUPPLEMENTAL AGREEMENT WITH DALLAS COUNTY RELATIVE TO THE VALLEY VIEW WIDENING PROJECT AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The widening of Valley View Lane from Nicholson Road to the bridge over the Elm Fork of the Trinity River is budgeted in the 2004-05 Capital Improvement Program, DART Local Assistance Program Fund. The estimated cost is $2,520,000. The street is presently a four-lane divided thoroughfare. The project proposes to make Valley View Lane a six-lane thoroughfare by adding one new inside lane in each direction. The addition of the new lanes will reduce the median width from its current thirty-three feet to thirteen feet, which is the typical median width throughout the City. Dallas County has proposed to provide $520,000 for the project.

In order for Dallas County to provide funding, two agreements are proposed. They are a Master Agreement and the Project Supplemental Agreement. The Master Agreement sets forth the general provisions for Dallas County to participate in any eligible transportation improvement. The Supplemental Agreement establishes the specific provisions associated with the widening of Valley View Lane from Nicholson Road to the Elm Fork of the Trinity River.

The DART Local Assistance Program was originally created in 1989 to return to DART member cities a portion of the sales tax collected in each city to make eligible mobility improvements. Between 1989 and 2004, DART allocated over $23,000,000 in funds to Farmers Branch that have been used to help fund many projects such as widening Midway Road and the reconstruction of Josey Lane, Valwood Parkway, and Brookhaven Club Drive. The last year for the DART LAP program was 2004.

Pending approval of the agreements by the City Council, the Valley View Widening project is scheduled to begin in October 2005 and be completed in twelve months.

There being no discussion, a motion by Councilwoman Smith, seconded by Councilman O’Hare all voting “aye,” adopted Resolution No. 2005-087 approving a Master Agreement and a Supplemental Agreement with Dallas County relative to the Valley View Widening project.

D.3 CONSIDER ADOPTING RESOLUTION NO. 2005-078 AWARDING THE BID FOR THE CONSTRUCTION OF MERCER PARKWAY FROM VALLEY VIEW LANE TO 300 FEET EAST OF LUNA ROAD TO TISEO PAVING COMPANY AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. Mercer Parkway is a new street to be constructed from the President George Bush Turnpike ramps at Valley View Lane to 300 feet east of Luna Road. The construction is budgeted in the amount of $3,295,000 in the 2004-05 Amended Capital Improvement Program, Tax Increment Financing District No. 1 Fund. Mercer Parkway will ultimately be constructed east to Harry Hines Boulevard.

On May 24, 2005 four bids were received and opened for the Mercer Parkway paving, drainage, and utility improvements from Valley View Lane to 300 feet east of Luna Road. All bids received met specifications. Tiseo Paving Company submitted the lowest bid in the amount of $2,842,317.80. The contract time is 270 calendar days. Tiseo Paving Company has provided qualifications and references for similar work. Tiseo Paving Company satisfactorily completed the reconstruction of Valwood Parkway between Josey Lane and Webb Chapel Road in 1993.

Under the provisions of Development Agreement No. 2 with American Realty Trust, Inc., approved by the City Council on March 1, 2004, American Realty Trust, Inc. must advance the funds for the construction of Mercer Parkway plus ten percent contingencies before the construction bid is awarded. The City has received $3,126,549.58 from American Realty Trust, Inc., which satisfies the requirement. The landscaping, irrigation, and streetlight installation will be contracted separately.

There being no discussion, a motion by Councilman Moses, seconded by Councilwoman Smith, all voting “aye,” adopted Resolution No. 2005-078 awarding the bid for the construction of Mercer Parkway from Valley View Lane to 300 feet east of Luna Road to Tiseo Paving Company in the amount of $2,842,317.80.

D.4 CONSIDER ADOPTING RESOLUTION NO. 2005-084 APPROVING AN AGREEMENT WITH PBS&J FOR ENGINEERING SERVICES FOR NINE SANITARY SEWER IMPROVEMENTS AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. Funds for utility replacement and improvements are provided in the 2004-2005 Capital Improvement Program Non-Bond Utility Fund. There is a total of $1,637,946 available in the budget to replace nine sanitary sewer lines. The 35- to 45-year old sanitary sewer lines experience occasional backups that require frequent cleaning and maintenance. The sanitary sewer lines to be replaced are in easements at the following locations:

· Between Pyramid Drive and Birchlawn Drive from Josey Lane to Longmeade Drive

· Between Cloverdale Lane and Ridgeoak Way from Goldendale Drive to the dead end

· Between Damascus Way and Myra Lane from Webb Chapel Road to Eunice Street

· Between Morningstar Circle and Ridgeoak Way from dead end to second manhole west

· Between Danny Lane and Leta Mae Lane from Tom Field Road to Ford Road

· Between Hollandale Lane and Old North Road from Heartside Place to Joanna Drive

· Between Windmill Lane and Hollandale Lane from Heartside Place to Joanna Drive

· Between Wicker Avenue and Wasina Drive from Bee Street to Dennis Lane

· Between Danny Lane and Farmers Branch Lane from Tom Field Road to Ford Road

An engineering service agreement to design the replacement of the nine sanitary sewer lines has been negotiated with PBS&J for a total amount not to exceed $141,220. This amount is within an acceptable fee range for similar projects. PBS&J was selected based upon their experience in designing utility replacements using the pipe bursting method, which is the replacement method for all nine sanitary sewer lines.

The design will be completed in approximately 180 calendar days. Construction is tentatively scheduled to begin in summer of 2006 with a twelve-month duration. Meetings will be held with the residents towards the end of the design of the improvements.

There being no discussion, a motion by Deputy Mayor Pro Tem Robinson, seconded by Councilman O’Hare, all voting “aye,” adopted Resolution No. 2005-084 authorizing the execution of an agreement for engineering services with PBS&J for the design of sanitary sewer lines in the amount not to exceed $141,220.

D.5 CONSIDER ADOPTING RESOLUTION NO. 2005-083 APPROVING THE PURCHASE AND INSTALLATION OF FIBER OPTIC COMMUNICATIONS CABLE, CONDUIT AND EQUIPMENT FOR THE TRAFFIC SIGNAL COMMUNICATION PROJECT AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The Traffic Signal Communications Project is included in the City’s Capital Improvement Program budget in the amount of $400,000. The project provides for the installation of conduit and fiber optic cable and equipment connecting numerous City facilities. The purpose of the project is to provide high speed, high capacity voice and data communication. The fiber optic communication system will enable the City to eliminate the use of costly, leased high-speed communication lines, called T-1 lines, that are now in use.

On November 15, 2004, bids for the installation of conduit for fiber optic cable were rejected because the prices were more than twice the amount of funds allocated for the conduit installation. When the bids were rejected, staff committed to evaluating the project’s scope and alternative procurement methods to get the project within budget.

The evaluation identified that the City was eligible to procure the materials and installation services through the State of Texas Catalog Information System, which allows the State to certify an entire catalog as meeting competitive bid or quote requirements.

Quotes for the installation of conduit were requested from three vendors identified in the State of Texas Catalog Information System for the installation of conduit, and three responded. Quotes for the installation of optical fiber cable and equipment were requested from the same three vendors and two responded.

Henkels & McCoy, Inc. provided the low quote for both the conduit installation and optical fiber cable and equipment installation in the total amount of $282,733. Henkels & McCoy, Inc. has provided adequate references for similar fiber optic communication system installation.

There will be additional expenditures to procure materials and services to connect each City facility to the fiber optic communication system.

There being no discussion, a motion by Councilwoman Smith, seconded by Councilman Moses, all voting “aye,” adopted Resolution No. 2005-083 approving the purchase and installation of the fiber optic conduit, cable and equipment from Henkels & McCoy, Inc. in the total amount not to exceed $282,733.

D.6 CONSIDER ADOPTING RESOLUTION NO. 2005-086 AUTHORIZING THE CITY MANAGER TO PURCHASE ONE REPLACEMENT 31-FOOT AERIAL LIFT BUCKET TRUCK AND ONE REPLACEMENT ASPHALT COMPACTOR AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. A 1995 aerial lift bucket truck and a 1996 asphalt compactor were scheduled for replacement in the 2005-2006 Budget. However, both have experienced major mechanical failures in the past six months. The aerial lift truck can no longer be certified for use due to the condition of the boom lift assembly and the asphalt compactor rear drum has failed. Staff determined that early replacement of these units has become necessary for Engineering and Public Works to continue to provide needed services.

Funds in the amount of $65,000.00 for the aerial lift bucket truck and $34,000.00 for the asphalt compactor were requested and approved in the 2004-2005 Mid-Year Budget.

The State of Texas Municipal Purchasing Regulations allows agencies such as Councils of Governments to create cooperative purchasing programs. The North Central Texas Council of Governments does not have a cooperative purchasing program. The City of Farmers Branch entered into an interlocal agreement with the Houston-Galveston Area Council of Governments, or HGAC, and Buy Board to purchase vehicles.

Staff developed specifications for these replacement units and found they were available and could be purchased from HGAC and Buy Board vendors utilizing cooperative purchasing agreements. A HGAC quote for the replacement 31-foot aerial lift bucket truck meeting specifications in the amount of $65,827.75 was received from Philpott Motor Company. A quote for the replacement asphalt compactor meeting specifications was received from Buy Board vendor Holt Tractor Co., Texas in the amount of $34,300.

Staff recommends purchase of one 2006 aerial lift bucket truck meeting specifications from Philpott Motor Co. and the purchase of one asphalt compactor meeting specifications from Holt Tractor Co., Texas. The total of both purchases, including options and fees, is $100,127.75. The additional $1,127.75 in needed funds for these purchases is available in the 2004-2005 Fixed Asset Fund and the Fixed Asset Fund budget will be adjusted at year-end to reflect the bid amount.

Deputy Mayor Pro Tem Robinson asked how the Fixed Asset Fund is adjusted for the additional expenditure over budget. City Manager Linda Groomer confirmed that the adjustment is made from the Fund Balance in the Fixed Asset Fund.

There being no further discussion, a motion by Councilman O’Hare, seconded by Deputy Mayor Pro Tem Robinson, all voting “aye,” adopted Resolution No. 2005-086 awarding the quotes for the purchase of the two replacement vehicles.

D.7 CONSIDER ADOPTING RESOLUTION NO. 2005-089 REJECTING BIDS FOR ANNUAL CONTRACT FOR OFFICE SUPPLIES AND VARIOUS TONER CARTRIDGES; AUTHORIZING PURCHASES OF OFFICE SUPPLIES AND VARIOUS TONER CARTRIDGES UTILIZING A TARRANT COUNTY COOPERATIVE PURCHASING PROGRAM CONTRACTOR, AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. Bid requests for the purchase of office supplies and various toner cartridges were sent to twelve vendors and four bids were received.

The items in this bid were based on estimated quantities of items frequently utilized by all City departments and items issued from the City office supply storeroom by the Purchasing Office. Each department annually budgets for office supplies and various toner cartridges for their department, with frequently used items being obtained from the storeroom and other items obtained directly through discounted catalog purchases. Vendors were also requested to submit a discount percentage from catalog pricing for items not specifically priced in the bid or stocked in the storeroom. Contract pricing includes next day delivery to all City departments. The office supply and equipment account budgets for all departments include $383,100 in funding for traditional office supplies as well as for small equipment, such as computers and printers.

The low bidder was Corporate Express in the amount of $71,705.68, with discounts off of catalog pricing of 65% for non-schedule office supplies and 45% for non-schedule toner cartridges. The bid price was based on 80 highly used items that were outlined in the bid schedule. The difference between the bid amount and the budgeted amount of $100,000 is for items in the office supply and equipment account that are not basic offices supplies such as printers, scanners and file cabinets. The budgeted amount of $100,000 was based on historical annual purchase information provided by the City’s current office supply vendor.

Bid pricing was then compared to the Texas Local Government Purchasing Cooperative, or BuyBoard, and the Tarrant County Cooperative Purchasing Program contract pricing. The low bidder, Corporate Express, is also the BuyBoard and Tarrant County contractor. Corporate Express offers a 65% discount off of catalog pricing for the BuyBoard contract and discounts from 65% to 80% off of catalog pricing for the Tarrant County Cooperative Purchasing Program contract. The City of Farmers Branch has entered into interlocal agreements with BuyBoard and Tarrant County for the purpose of cooperative purchasing.

There being no discussion, a motion by Councilman O’Hare, seconded by Mayor Pro Tem Bird, all voting “aye,” adopted Resolution No. 2005-089 rejecting all bids for the annual contract for office supplies and various toner cartridges and purchasing said items utilizing the Tarrant County Cooperative Purchasing Program contractor in an estimated annual amount of $100,000.

D.8 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, THE COMMUNITY WATCH COMMITTEE AND THE SENIOR ADVISORY BOARD, AND TAKE APPROPRIATE ACTION.

There were no appointments to the School-Community Relations Committee nor to the Community Watch Committee.

A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem Robinson, all voting “aye,” reappointed Helen Bowling, Jeanne Sawyer, Elva Zombola, Jimmie May and Peggy Pyle to the Senior Advisory Board.

D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.

There were no travel reports or requests.

D.10 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.

Mayor Pro Tem Robinson stated the Sister City Group from Germany will be arriving in September and the City is in need of 13 more host families. He encouraged residents that are interested to call Traci Leach at 972-247-3131. Mayor Pro Tem Robinson also stated the City has activities planned for the days and several evenings.

Councilwoman Smith reported on the Metrocrest Hospital Authority meeting she attended on June 21^st.

MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:58 P.M. AND THEN CONCLUDED AT 6:30 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 DISCUSS LAND ACQUISITION - TEXAS GOVERNMENT CODE SECTION 551.072.

Discuss Farmers Branch Keenan Cemetery.

Mayor Phelps explained that staff was present to discuss this item with Council.

E.2 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.086.

Discuss and deliberate economic development incentives for businesses the City is conducting economic development negotiations with.

Mayor Phelps explained that staff was present to discuss this item with Council.

F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION.

Mayor Phelps stated that staff updated Council on items in Executive Session and no action was necessary.

F.2 ADJOURNMENT.

A motion by Councilman Moses, a second by Councilwoman Smith, all voting “aye,” adjourned the City Council meeting of July 11, 2005 at 8:43 p.m.

____________________________ ______________________________

Bob Phelps, Mayor Cindee Peters, City Secretary