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1978-07-03 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING July 3, 1978 COUNCIL CHAMBER POLICE BUILDING The following members of the City Mayor Mayor Pro Tem Councilmen: Council were present: Bill Binford Ken Quevreaux John Dodd Fred Johnson Pat Haggerty Gene Matthews The following members of the City City Manager City Attorney City Secretary Director of Staff Services Secretary Administration were present: Paul M. West John Boyle J. W. Wade Glenn Moore Ruth Ann Parish Mayor Binford called the City Council meeting of July 3, 1978 to order at 7:30 P.M.. AGENDA ITEM NO. A.1 -INVOCATION. G enn Moore gave the invocation. AGENDA ITEM NO. A.2 -APPROVAL OF MINUTES - JUNE 19, 1978 After some discussion and consideration, a motion -Sy Councilman Johnson, a second by Councilman Matthews,all voting "aye", approved the minutes of the Council meeting of June 19, 1978 with the following addition to the third paragraph on Page 61 of Vol. 29, under Agenda Item No. (1.2; "The incinerator in question was already in place,- Mr. DeBlasi apologized and stated that in the future the proper procedures would be followed." AGENDA ITEM NO. B.1 -PRESENTATION OF CERTIFICATES OF APPRECIATION The Council recognize Ms. Lo i.e Archer an Ms-: Cynt ia.StanA and for their service to the city by serving on the Library Board. Ms. Archer nor Ms. Stanaland were present to receive their certificate of appreciation for their service. AGENDA ITEM NO. B.2 -FIRE DEPARTMENT SLIDE PRESENTATION. A s i e program was presented on Grass an Weed -Control which had been prepared by the Fire Department. AGENDA ITEM NO. B.3 -CONSIDER PROCLAMATION PROCLAIMING JULY 27th AS RANGER BASEBALL COMMUNITY NIGHT IN FARMERS BRANCH. Mr; Lee Tench, Executive Vice President of the Cham er of Commerce, requested that the Council support and recognize July 27th as Ranger Baseball Community Night at Arlington Stadium.. Vol. 29, Page 80. Mr. Tench stated that the Rangers will be playing the Boston Red Sox and tickets will be available for $5.50 each at the Chamber office. Mayor Binford signed a proclamation proclaiming July 27, 1978 as Ranger Baseball Community Night at Arlington Stadium.. AGENDA ITEM NO. C.1 -CONSIDER APPOINTMENT OF AUDITING FIRM FOR FISCAL YEAR BEGINNING OCTOBER 1,1977, AND ENDING SEPTEMBER 30, 197 . Mayor Bin or gave the o owing in ormation rom a memo to the City Council from the Administration: The City Charter requires the audit of the financial records by an independent CPA firm. The appointment of an auditing firm at this time will allow pre- liminary work to be done prior to the close of the fiscal year. The firm of Smith, Baines and Solana has been retained by the City in past years. This firm is familiar with Municipal audits as they perform this service for over thirty cities and municipal water districts. The Administration recommends the appointment of Smith, Baines and Solana as auditors for the fiscal year 1977-78. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Matthews, all voting "aye", appointed the firm of Smith,Baines and Solana as auditors for the fiscal year 1977-78 for the city. AGENDA ITEM NO. D.1 - CONSIDER ORDINANCE NO. 1196 ESTABLISHING A 20 MPH SPEED LIMIT ON A PORTION OF VERONICA. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1196: AN ORDINANCE OF THE CITY OF FARMERS,BRANCH, TEXAS, ESTABLISHING A SPEED OF TWENTY (20) MILES PER HOUR ON VERONICA ROAD, FROM THE INTERSECTION OF VERONICA ROAD AND WEBB CHAPEL TO THE INTERSECTION OF VERONICA ROAD AND TREEVIEW LANE; MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE ANY MOTOR VEHICLE ON SAID STREET AT A SPEED GREATER THAN TWENTY (20) MILES PER HOUR; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. D.2 -CONSIDER ORDINANCE NO. 1197, GRANTING A FRANCHISE TO BROOKHAVEN COUNTRY CLUB TO USE, OPERATE AND MAINTAIN A UTILITY SYSTEM WITHIN A DEDICATED RIGHT-OF-WAY. Mayor Bin ord gave the following information from a memo to the Council from the Administration: Ordinance No. 1197 grants a franchise to use, operate and maintain a utility system within a dedicated public street right-of-way to Brookhaven Country Club. The ordinance pro- vides for the following:: restrictions and requirements; an annual fee; revocation and termination; a hold harmless agreement and insurance; written acceptance by the grantees; and an effective date. All ordinances granting or amending franchises for utilities must be read at two separate regular meetings of the City Council, and shall not be finally passed until thirty days after the first reading. Vol. 29, Page 81. This will be the first reading of the ordinance for this franchise; therefore, if the Council approves the ordinance at this meeting, it will be necessary to bring the ordinance back before the Council for the second and final reading. After some discussion, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved Ordinance No. 1197 for the first reading which grants a franchise to use, operate and maintain a utility system within a dedicated public street right-of-way to Brookhaven Country Club. AGENDA ITEM NO. D.3.-CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACTURAL AGREEMENT WITH THE FARMERS BRANCH-CARROLLTON FLOOD CONTROL DISTRICT. The Counci reviewed an agreement that was proposed by the Farmers Branch-Carrollton Flood Control District after joint efforts be- tween representatives of the District and representatives of the city staff. Execution of the contract by the District and its approval by the City Council will permit the District to plan for street construction having minimum top of curb elevations at 427.0 prior to the construction of all facilities required of the District. The agreement has been approved and signed by the proper officers of the Farmers Branch-Carrollton Flood Control District. The City Attorney submitted an opinion that the offered agreement has been properly executed by the Flood Control District and constitutes a legally enforceable and binding agreement on the District. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", authorized the City Manager to sign a contractural agreement with the Farmers Brnch-Carrollton Flood Control District. AGENDA ITEM NO. D.4 - CONSIDER RATIFYING THE CITY MANAGER'S EMERGENCY DECISION TO REPLACE TWO AIR CONDITIONING UNITS FOR THE FIRE DEPARTMENT. Information given to the City Council in a memo from the City Administration is as follows: The heating and air conditioning systems in the Fire Administration building and Number 1 Fire Station are 18 and 19 years' old respectively. On June 22, 1978 the compressor in the Administration building burned out and on June 26, 1978, the compressor at Number 1 Fire Station burned out. Written quotes were requested from four heating and air conditioning firms to replace the complete units in both buildings. Four quotes were received. The Administration requests ratification from the Council on the decision made by the City Manager to replace the complete heating and air conditioning systems. The lowest cote received was from Bridges Service Company in the amount of 8,216.00. After some discussion, a motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", ratified the decision made by the City Manager in awarding ac.ontract to Bridges Service Company. in the amount of $8,216.00 to replace the heating and air conditioning units in the Fire Administration building and the Number 1 Fire Station; declaring it an emergency and waiving the bidding procedures. Vol. 29, Page 82. MAYOR BINFORD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAD BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDED THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION, AND PENDING AND CONTEMPLATED LITIGA- TION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. F.1 -EXECUTIVE SESSION. a. Discuss Personnel Matters There was discussion of Councilman Haggerty being the liaison from the Council to the Northwest Dallas County Service Center, Inc. Councilman Haggerty discussed with the Council of the City Manager's policy concerning the relationship of the Council with the City Manager and his staff. b. Discuss Pending and Contemplated Litigation City Attorney John Boyle distributed and discussed the latest draft of State Representative Clayton's tax bill. c. Discuss Land Acquisition City Manager Paul West gave an up-to-date status report of possible landfill sites. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. F.2 -NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Dodd made a motion to request that each Advisory Board member notify the appropriate Board secretary in sufficient legal time in advance of the meeting as to their attending a Board meeting. The sufficient time in advance is to be determined by each Board. And instructed that the Board secretary call each member to verify their attendance for the meeting. Councilman Haggerty.seconded and the motion carried with all voting aye'. The Council directed the City Manager to send the Council a quarterly report of the attendance at meetings of each Advisory Board member. After discussing the present policy of the City Manager of the city employees not attending city meetings where Council members are present and the employees not talking to the Council without the permission of the City Manager, Councilman Haggerty made the motion that the City Manager or any city employee shall not refuse to participate in a meeting between the city and another governmental or nongovernmental entity because a member of the City Council chooses to be a nonparticipating observer of that meeting. And, that if the City Manager or any city employee feels that their function is being impaired by that attendance of a member of the City Council, they may appeal to the Mayor and the City Council. A majority of the City Council may prohibit a Council member from Vol. 29. Page 83. attending specific meetings involving city employees. The motion died for the lack of a second. Councilman Johnson made a motion that the Council, acting as a committee, consider several items relative to a Council policy of the conduct of the Council and the intent to cover items as: (1) Parliamentary procedures; (2) delegation of attendance at seminars and conventions by Council members; (3) a reporting procedure for expenses incurred by Council members in fulfillment of their duties; and (4) a reporting procedure of intended absences of the Council from regular or called meetings. Councilman Matthews seconded the motion. Upon discussion, Councilman Johnson added to his motion that the Council coment or add input relative to the relationship between the Council and the City Manager and his staff. The motion carried with all voting "aye". AGENDA ITEM NO. F.3 AND F.4 No necessary action is nee ed for items of Land Acquisition and Pending and Contemplated Litigation discussed in the Executive Session. AGENDA ITEM NO. G.1 -ADJOURNMENT. A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of July 3, 1978 at 9:10 p.m.. 1 Mayor Bill Bin 'ord -1 Gi ~~A City ecretary U Vol. 29, Page 84.