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1978-03-20 CC Minutes1 n CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING March 20, 1978 COUNCIL CHAMBER POLICE BUILDING All members of the City Council Mayor Mayor Pro Tem Councilmen: were present: George G. Grimmer Bill Binford John Dodd Fred Johnson Ken Quevreaux Gene Matthews The following members of the City Administration were present: City Manager Paul 11. West City Attorney John Boyle Acting City Secretary Ruth Ann Parish Director of Staff Services Glenn Moore Mayor Grimmer called the City Council meeting of March 20, 1978 to order at 7:30 P.M. AGENDA ITEM NO. A.1 -INVOCATION Councilman Jo on gave the invocation. DECLARING AN EMERGENCY After due consideration, a motion by Councilman Dodd, a second by Councilman Ouevreaux, all voting "aye", declared an emergency and placed on the agenda as Item No. C.7 -Discuss Youth Activities in Farmers Branch. AGENDA ITEM NO. A.2 -APPROVAL OF MINUTES After due consideration, a motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", approved the minutes of the City Council meeting of February 20, 1978 as submitted. Councilman Quevreaux requested that the City Manager contact the Texas Power and Light Company to see if the information requested at the rate increase request hearing by the Council could be obtained. AGENDA ITEM NO. B.1 -PRESENTATION OF SERVICE AWARD Mayor Grimmer presented Tom McDougald, the City Sanitarian of the Building Inspection Division, a five year service award for his employment with the city. AGENDA ITEM NO. B.2 -PRESENTATION FROM THE SUBURBAN NEWS. Mr. Pete Brock, publisher o the Suburban News, presented to Mayor Grimmer a framed printed replica of the front page of the special section of the newspaper announcing Mayor Grimmer as citizen of the year by the Chamber of Commerce. Vol. 29, Page 9. AGENDA ITEM NO. CA -CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY THE EL CHICO CORPORATION FOR A SITE PLAN_ ON WEST VALLEY VIEW NE. The Council reviewed the request by El Chico Corporation for site plan approval of an addition to their property on west Valley View Lane. The site plan submitted is for an addition to the laundry building only. A 2000 sq. ft. addition was proposed. The addition will be of the same appearance to the existing building. The property is in Planned Development area #22 which allows LI uses. Site plan approval is required by the P.D. zoning. The Planning and Zoning recommended the approval of the site plan. After due consideration, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", approved the site plan requested by the El Chico Corporation for the addition to their property on west Valley View Lane. AGENDA ITEM NO. C.2 -CONSIDER PASSING AN ORDINANCE ESTABLISHING GUIDELINES FOR DEVELOPING PROPERTY IN THE FLOOD PLAIN. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The Flood Plain Management Ordinance was written for city-wide application. No attempt was made in that ordinance to set specific guidelines and standards for each area which might be proposed for protection from floodwaters. Ordinance No. 1181 being presented by the Administration sets out specific guidelines which will be required for designation of lands within the Farmers Branch-Carrollton Flood Control District as an area of controlled flood protection. The ordinance prescribes the minimum elevations necessary to permit development of all land within Farmers Branch. The re- quired elevation of flood plain, tops of curbs, building elevations and building site elevations are covered by the ordinance. Mr. Charles Page, General Manager of the Farmers Branch-Carrollton Flood Control District, office at 13030 Branchview in Farmers Branch, stated that he had received a copy of the ordinance in question the morning before this meeting and had not had sufficient time to study its effect relative to the present plans of the Flood Control District. Mr. Page stated that the purpose of the next item on the agenda was to meet the guidelines of the ordinance adopted December 19, 1977 in relation to drainage facilities of.the plan of reclamation approved in 1975 by the City Council. Mr. Page stated that the two ordinances, Nos. 1172 and 1181, disagree with the plan of reclamation and suggested that the District and the City Staff should work together in order that the guidelines can be met on a mutual agreement. Councilman Binford made a motion to table Agenda Item Nos. C.2 and C.3 for further study to see'if the Flood Control District.-and the City Staff can"'arrive-at something that is mutually-agreeable. Councilman Dodd seconded the motion. Vol. 29, Page 10. Councilman Johnson asked to amend the motion to include that the City Staff is instructed to meet with the consultants for the Districts before the next Council meeting and explore all possibilities and for the City Staff to feel free to explore the various possibilities and not feel bound or restricted by prior action of the Council. Councilman Binford accepted the amendment to his motion. Councilman Dodd accepted the amendment. The motion carried with all voting "aye". AGENDA ITEM NO. C.3 -CONSIDER REQUEST FOR APPROVAL OF INTERNAL DRAINAGE PLAN FOR THE FLOOD CONTROL DISTRICT. This item was tabled as stipulated in the motion in the preceding agenda item. AGENDA ITEM NO. C.4. -DISCUSS RELOCATION OF STORYBOOK PARK AS REQUESTED BY THE PARK BOARD. Councilman Bord state hat he had asked this item be placed on the agenda for the Council had not responded to the Park Board on their request for the removal of Storybook Park from its present location. After some discussion, a motion by Councilman Binford, a second by Councilman Matthews, all voting "aye", instructed the City Administration to furnish the Council with the necessary infor- mation as to the cost for the relocation of Storybook Park at the next Council meeting. AGENDA ITEM NO. C.5 -CONSIDER ELIMINATING FEE FOR PERMIT FOR THE INTRUSION ALARM AS PROVIDED IN ORDINANCE NO. 1147. Councilman Do state tat e a asked this item be placed on the agenda to consider eliminating the $25.00 permit fee of the intrusion alarm requirement on residential dwellings only. City Manager Paul West stated that the ordinance that had been prepared for consideration provided that the $25.00 permit fee be eliminated for every user and not just for residential users. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye'", tabled this consideration and instructed the City Administration to make a study to determine how many residential alarm user permits have been issued and possible reimbursement of the fee to the ones that have already paid. AGENDA ITEM NO. C. 6. -DISCUSS THE LEGAL RAMIFICATIONS OF A COUNCIL MEMBER DISQUALIFYING HIMSELF FROM VOTING. After some discussion, Councilman Quevreaux made a motion that the written opinion of the legal Counsel of a Council member disqualifying himself from voting that is attached be entered into the minutes for record. Councilman Dodd seconded the motion. The motion carried with all voting "aye". Vol. 29, Page 11. ~I LAW OFFICES HUTCHISON, PRICE & BOYLE A PROFESSIONAL CORPORATION RAY HUTCHISON RAYFORO PRICE JOHN F BOYLE, JR BEN A BROOKS ROBERT D DRANSFIELD 1313 FIDELITY UNION LIFE BUILDING DALLAS, TEXAS 75201 March Ib, 1978 Paul West, City Manager P.O. Box 34335 City of Farmers Branch Farmers Branch, Texas 75234 Re: Legal Opinion - Section 2.14 of the City Charter Dear Paul, ._97,8 5. TELEPHONE (214) 742-3882 H P KUCERA OF COUNSEL Pursuant to your request, this opinion is submitted as a more detailed and definitive opinion on the question of the interpretation of Section 2.14 of the City Charter relating to "disqualification" from voting that has previously been submitted by this firm. Section 2.14 states as follows: "any Council member abstaining from voting, except when disqualified, shall be. taken as an affirmative vote. As to what is a legal disqualification, Section 9.02 of the City Charter, Article 988, Tex. Rev. Civ. Stat. Ann. and Art. 39.01, Texas Penal Code (formerly Art. 373 of the Penal Code) are the only statutes or laws that are applicably. A copy of each of the applicable laws is attached to this opinion. Section 9.02 of the Charter relates to City Officers (which would incl udP City Councilmen) and employees and precludes such from having a "pyrsonal financial interest, whether direct or indirect in any contract with or sale to the City of: (A) Land (B) Materials (C) Supplies (D) Services The Section also precludes any City Officer or employee from acting as an agent, broker or representative for others in "dealing" with the City whether paid or not. In the two aspects of the Charter above described, the officer or employye is required to disclose such financial interest or legal relationship (agent, etc.) and is precluded from voting or participating in the transaction. I. An officer or employee violating this Section is deemed quilty of malfeasance in office and shall forfeit his position. The Section also makes the contract voidable if done "knowlingly." The only legal disqualification under this provision in the Charter is under the following circumstances: (1) "Personal financial interest" (2) in "contract" with City, and; (3) Acting as agent for party dealing with the City. Relative to what constitues a "personal financial interest", the law has not defined this with any great degree of certainty but it is clear that if the officer falls into any of the following catagories it would constitute such an interest: (A) Sole owner of business. (B) Partner. (C) Director of a Corporation. (D) Officer of a Corporation. (E). Major stockholder in Corporation. (F) Sales agent for contracting party. In a case dealing with "indirect" interest, the San Antonio Court of Civil Appeals held a contract void between Bexar County and a voting machine company where one of the County Commissioners was an agent for the voting machine company. The agency sales contract excluded Bexar County and the Commissioner received no compensation because of the contract. The Court held (BPxar County vs. Wentworth , 378, S.W.2d 126, N.R.E.) as follows: "The question is whether there is evidence showing that Plach (the County Commissioner) has a probable interest, either directly or indirectly, in the contract of BPxar County to purchase 100 Shoup Machines. In our opinion the records show such probable interest." Art. 988 (very similar to the repealed provision of the PAnal Code 373) precludes a member of the City Council or officer either directly or indirectly being interested in any (A) work (B) business or contract , the expense priceard consideration of which is paid from the City Treasury. This also precludes an office from voting on an assessment on his own property and from being a surety on an official bond. J Unless the matter at hand falls into one of specifically precluded catagories, there is no legal disqualification. This does not preclude a Councilman from abstaining (which results in his vote being counted as an affirmative vote) or from excusing himself from the Council Chambers on any matter that he believes as a matter of personal conscience that he cannot or should not vote on. A number of such fact situations come to mind, namely: (1) Close friends (2) Relatives such as cousins, etc. In some cases a relative such as wife, son, etc., would clearly disqualify (3) Former Business Associates. (4) Owning of property being zoned or owning property within 200' or within close proximity of a zoning case. There are not many cases on the subject. Under the present state of the ia~,v, the only legal disqualification concern, direct or indirect financial interest in contracts directly with the City. The City has the legal authority to enact a Code of Ethics Ordinance or Code of Conduct Ordinance that spells out further legal disqualifications. Any such ordinance could not be inconsistent with the City Charter or State Law and could expand on what constitutes a legal disqualification. Sincerely, HISON, P JFS/kd John F. Boyle, Jr. s r J AGENDA ITEM NO. C.7 -DISCUSS YOUTH ACTIVITIES IN FARMERS BRANCH. Councilman Matthews stated that he had asked this item be placed on the agenda to discuss and request the City Administration to provide the Council an update report of the activities of the Youth Task Force in relation to activities for the young people of the city. Also to inquire about the employment of the Juvenile Officer status. City Manager Paul West told of the difficulties of hiring an Assistant Juvenile Officer because of the high standards required for the people in the Police Department. He stated that the City Administration is still seeking to hire a person for this position. Councilman Matthews stated that he wanted to see the city go forward with the youth program and that is why he brought this up. Councilman Binford stated that along with the report that Council- man Matthews is requesting consideration might be given into looking into the possibilities of placing a person of the adolesent age on the Library Board and the Park and Recreation Board. After more discussion of placing youths on boards mentioned, Councilman Binford made a motion that the City Administration contact the principals of all the high schools in the area to provide the city with recommendations of names of students for possible appointments to various advisory boards. Councilman Matthews seconded the motion. The motion carried with all voting "aye". AGENDA ITEM NO. D.1 -CONSIDER ORDINANCE NO. 1182 AMENDING THE I~ 1976 EDITION OF THE UNIFORM BUILDING CODE. ayor Grimmer gave the following information from a memo to the City Council from the City Administration: The City of Farmers Branch has adopted the 1976 Edition of the Uniform Building Code. Local amendments require all buildings 3 or more stories in height to have fire sprinkler systems. Office buildings not exceeding 50 feet in height are not required to be sprinklered. The building code requires buildings exceeding 65 feet in height to provide sprinkler systems designed for earthquake conditions. Farmers Branch is not within an earthquake zone. Ordinance No. 1182 that is being presented for consideration proposes the adoption of the revisions eliminating excessive sprinkler system requirements & providing for smoke detector systems in buildings 3 or more stories in height and combining of standpipes in high rise buildings. The standpipe systems are water distribution systems used by the Fire Department for fighting fires and by tenants in the building for fighting fires. Vol. 29, Page 12. 0 After due consideration, a motion by Councilman Binford, a second by Councilman Johnson, all voting "aye", adopted the following captioned Ordinance No. 1182: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE 1976 EDITION OF THE UNIFORM BUILDING CODE, ALSO KNOWN AS THE BUILDING CODE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; BY AMEND- ING SECTION 3802(b) BY ADDING PARAGRAPH TWELVE (12); BY AMENDING SECTION 3805, COMBINATION STANDPIPES; BY ADDING SECTION 3808; BY AMENDING SECTION 1107; BY AMENDING SECTION 1807, PARAGRAPHS (d) AND (m); PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. E.1 - CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF DALLAS TO OVERLAY CITY STREETS. Mayor Grimmer explained that the County of Dallas has offered to let their contractor overlay some existing city streets. The cost for this will be approximately $14.77 per ton, and the amount to be expended will be approximately $45,000.00. Holbrook Drive Harrisburg Circle Lineville from Wilmington to Harrisburg project and they are as follows: Springvale from Josey Lane to Bee Street Bee Street from Havenhurst Street to Sable Street Mount View from Epps Field to Wilmington Drive Wilmington Drive from Mount View to Valley View Lane Marietta Drive Dixiana Street Epps Field Rd from Tom Field Rd. to carve turnkag:south The map sent to the Council indicated only the streets that have been overlayed in 1977 and not the proposed ones. City Manager Paul West named the following streets that will be included in the 1978 overlay After due consideration, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", authorized the City Manager to enter into an agreement with the County of Dallas to overlay city streets named by the City Manager and instructed the City Manager to send a map to the Council members showing the streets to be over- layed. Vol. 29, Page 13. AGENDA ITEM NO. E.2 -CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT OF AGREEMENT WITH THE CITY OF ADDISON, TEXAS FOR THE WIDENING AND RECONSTRUCTION OF MIDWAY ROAD FROM SPRING VALLEY ROAD TO BELT LINE ROAD. Mayor Grimmer gave the following information from a memo to the Council from the City Administration: Council permission is required for the City Manager to sign a contractural agreement binding the City to its terms and conditions. This agreement establishes the guide- lines of a cooperative effort to reconstruct the portion of Midway Road from Spring Valley Road north to Belt Line Road. After due consideration, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to enter into a contract of agreement with the City of Addison for the reconstruction of Midway Road from Spring Valley Road to Belt Line Road. AGENDA ITEM NO. E.3 - CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO A BEAUTIFICATION EASEMENT AGREEMENT BETWEEN THE CITY AND VALLEY VIEW CENTRAL. The Counci members reviewed a beautification easement agreement proposed for the city and the owners of Valley View Central Shopping Center. This agreement will commit the Valley View Central owner to the joint development and beautification of the northeast shopping center at Valley View and Josey Lane. City Manager Paul West reported that the city's expense in this phase of the project is approximately $30.00 for the removal of a tree. After some discussion, a motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to sign a beautification agreement with Valley View Central Shopping Center. AGENDA ITEM NO. E.4 -CONSIDER AWARDING THE BID ON CONTAINERS FOR THE SANITATION DEPARTMENT AND THE RECREATION DEPARTMENT. The Council members reviewed the our bids received on 23 containers for the Sanitation Department and 7 containers for the Recreation Department. The containers to be used by the Recreation Department are for storage facilities at the parks for the ball leagues. Industrial Disposal Supply was the best bidder in the amount of $31,727.00 with a delivery time of 30 days. After some discussion, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", awarded the bid to Industrial Disposal Supply in the amount of $31,727.00 with a delivery time of thirty days for 23 containers for the Sanitation Department and 7 containers for the Recreation Department. Vol. 29, Page 14. Councilman Matthews requested the City Administration to add to the information memo sent to the Council, specific amounts for the specific items that are budgetted. AGENDA ITEM NO. E.5 -CONSIDER AWARDING BID FOR IMPROVEMENTS TO THE RECREATION CENTER AND LIBRARY. The Council reviewed the two bids received for the construction of addition and remodeling to the Recreation Center and the Library. Stevens Construction Company, Inc. was the low bidder meeting the specifications in the amount of $50,011.00.. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", awarded the bid to Stevens Construction Company, Inc. for the amount of $50,011.00 for the addition to the Recreation Center and the Library. AGENDA ITEM NO. E.6 -CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR NINE POLICE VEHICLES. After some discussion, a motion by Councilman Dodd, a second by Councilman Binford, all voting "aye", authorized the advertisement for bids for nine police vheicles. Councilman Quevreaux requested that bid forms and specifications be sent to Tom Molloy with Carter Chevrolet Company of McKinney, Texas. AGENDA ITEM NO. E.7 - CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO THE AIR CONDITIONING SYSTEM AT THE CITY HALL. After some discussion, a motion by Councilman Matthews, a second by Councilman Quevreaux, all voting "aye", authorized the City Administra- tion to advertise for bids for installation of roof top air conditioning units on the City Hall. MAYOR GRIMMER 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 Mr. Jack Deleporte had requested to speak to the Council in the Executive Session on Personnel Matters but was not present for the discussion. The vacancy on the Planning and Zoning Commission was discussed. b. Discuss Pending and Contemplated Litigation. City Manager Paul West gave a status report on the Water Rate Case with the City of Dallas. City Attorney John Boyle gave a status report on law suit involving T's and Things; and,also a status report on the Dallas Housing Authority activities. Vol. 29, Page 15. c. Discuss Land Acquisition. Mr. West reported of receiving a proposal from the City of Carrollton relating to some land swapping along the northwestern part of the city. Mr. [pest gave a status report on possible landfill site locations. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. F.2 -CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", tabled the appointment to the vacancy on the Planning and Zoning Commission until the next Council meeting. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", established a policy whereby any citizen lodging a complaint of action or misdeed on the part of any city employee; such person should make such accusations it writing to the City Manager and, appeal, if necessary, to be made to the Council only after the City Manager has completed his study of the situation. AGENDA ITEM NO. F.3 AND F.4. There was no necessary action needed on Pending and Contemplated Litigation and Land Acquisition discussed in the Executive Session. AGENDA ITEM G.1.-ADJOURNMENT. A motion by Councilman Matt ews, voting "aye", adjourned the City at 9:15 P.M. Mayor Ge6rge G. Primmer a second by Councilman Dodd, all Council meeting of March 20, 1978 C ty Secretary 11'~ Vol. 29, Page 16.