1991-10-15 CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MEETING
October 15, 1991 7:00 p.m.
MINUTES
COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor
Wilhelm; Deputy Mayor Pro Tem Sally Hall. Members:
Barry Emerson, Jerry Farrier, and W. Ralph Evans.
Pro Tem Rick
Mike O'Brien,
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell,
Director of Public Safety; Michael Barnes, Director of Public
Works; Lou Ann Heath, Director of Finance; Don Wilson, Deputy
Director of Public Safety, Fire Services; Chris Terry, Assistant to
the City Manager; Greg Last, City Planner; Karen Gandy, Zoning
Administrator; Eddie Cheatham, City Engineer; Wayne Olson, City
Attorney;..and Sandra L. L~Grand, City Secretary.
INVOCATION: Councilmember W. Ralph Evans.
The work session was called to order at 6:30 p.m. to discuss the
agenda items for tonight's meeting.
Mayor Gary Fickes called to meeting to order at 7:00 p.m.
Aqenda Item #1-Bt Executive Session
The Mayor hereby advised the audience that Council would be going
into executive session pursuant to Sections 2(e) 2(f) 2(g) of the
Open Meetings Act, to seek the advise of our City Attorney with
respect to pending and contemplated litigations, to discuss the
purchase, exchange, lease or sale of real property, and to consider
the appointment and evaluation of public officials. Council left
for executive session at 7:05 p.m.
Council returned to open session at 7:40 p.m.
Council recessed from 7:40 p.m. to 7:50 p.m.
Aqenda Item #1-Ct Reconvene/Action necessary on items discussed in
Executive Session.
As the result of the executive session, motion was made to approve
the settlement of the Sivey Lawsuit.
Motion: Wilhelm
Second: Evans
Ayes: Wilhelm, Evans, Farrier, O'Brien, Hall, Emerson, Fickes
Nays: None
Approved: 7~0 vote
Councilmember Barry Emerson left the meeting at this time.
City Council Minutes
October 15, 1991
page two
Agenda Item #2~ Approval of the Minutes
Motion was made to approve the Minutes of the Regular City
meeting held on October 1, 1991 as presented.
Motion: O'Brien
Second: Farrier
Ayes: O'Brien, Farrier, Evans, Hall, Wilhelm, Fickes
Nays: None
Approved: 6-0 vote
Council
Aqenda Item #3, Mayor's Report
Mayor Fickes referenced a public hearing held in Grapevine in
regards to the improvememts to be made on Hwy 121, and SH 114
exchange(in Grapevine. A consultant was retained to recommend some
improvements.
Deputy Mayor Pro Tem Sally Hall reported on the Teen Court Advisory
Committee meeting, stating the committee will be posting agenda and
having minutes taken at their meetings. She referenced donations
which have been made by the Southlake Chamber, Women's Division,
and the Chamber of Commerce, for members of the Teen Court Advisory
Committee, who wish to attend a Teen Court Conference to be held
in November.
Agenda Item #4~ City Manager's Report
No comments were made during this agenda item.
Agenda Item #5, Consent Agenda
The Consent agenda consisted of the following item:
5-ao
Permission to advertise for bids for Lift Stations to
be located at Bicentennial Park and on East Southlake
Blvd.
Motion was made to approve the consent agenda as presented.
Motion: Wilhelm
Second: Hall
Ayes: Wilhelm, Hall, O'Brien, Farrier, Evans, Fickes
Nays: None
Approved: 6-0 vote
Aqenda Item #6~ Public Forum
Peter Sporrer, 1214 Woodsey Court, Southlake. He asked if the
Citizens could offer input into the street priority list, which is
being complied by the Road Improvements Task Force. He asked if
the list could be placed in the City newsletter.
City Council Minutes
October 15, 1991
page three
Agenda Item #7-A~ Ordinance No. 480-59~ 2nd readinq (ZA 91-52)
Ordinance No. 480-59, is a zoning change request for 128.33 acres
out of the W.E. Crooks Survey, Abstract No. 295, Tract 2 and Hall
Medlin Survey, Abstract No. 1038, Tracts 2, 2A, and 2B. The
current zoning is "SF-20A" Single Family-20 Residential with a
requested zoning for "PUD" Planned Unit Development. Amended
request is for 126.94 acres excluding the "C-l" lot on the corner.
Owner/applicant: Charles Young and Larry Cole dba The Hills of
Monticello.
Karen Gandy, Zoning Administrator, noted thirteen notices were sent
to property owners within 200' and one response was received, Dee
Irwin, 1~03 Ridgewood Cirgle, opposing the request.
On October 1, City Council approved the 1st reading by a 7-0 vote
subject to the September 29, summary review letter.
Terry Wilkenson, representing Larry Cole was present to answer
questions for Council.
The public hearing resulted with no comments from the audience.
Mayor Pro Tem Wilhelm stated about one and one/half years ago
he represented a shareholder in this development and has not
represented him since. He stated he has had nothing to do
with this development during any of these stages and does not
feel he is disqualified from a legal standpoint, or from any
other standpoint and is going to continue to sit on this
situation and is going to continue to vote on this issue.
Motion was made to approve Ordinance No. 480-59, 2nd
subject to the September 27, 1991 summary review letter.
Motion: Farrier
Second: O'Brien
reading,
Mayor Flckes read the caption of the ordinance.
Ayes: Farrier, O'Brien,
Nays: None
Approved: 6-0 vote.
Hall, Wilhelm, Evans, Fickes
Councilmember Barry Emerson returned to the Council table.
City Council Minutes
October 15, 1991
page four
Aqenda Item #10-A~ "Keep America Beautiful"
The City Manager reminded Council that during the budget work
sessions a presentation was made by Bob Mundlin, to the Council
concerning participation in the Keep American Beautiful Program.
The consensus of the Council during the budget presentation was to
direct staff to look at funding the Southlake participation through
proceeds from the recycling program, rather than to budget
specifically in the General Fund.
Bob Mundlin stated for a city our size, there is a one-time
certification fee of $850. and an annual program service fee of
$85. There is also the cost of training the three (3) member
team. The next available training session will be in the
metrople~, which will cut'down on expenses.
Councilmember Mike O'Brien suggested the City Council only commit
for one (1) year at a time. He would like to see the exact dollar
amounts of the program.
Mayor Fickes stated the Keep American Beautiful Program was taken
out of the budget and is to be funded by profits from recycling.
Councilmember Barry Emerson stated he feels the program is a good
one. He encourages getting businesses involved. He added, the
project is fairly well known throughout the state.
Councilmember Ralph Evans stated he feels individuals will also
want to get involved.
Councilmember Jerry Farrier stated he appreciates
concerns, however, he shares the~Mayor's opinion,
hamstring this group that is being put together at
stage.
Mr. O'Brien's
that we do not
this initial
Motion was made to accept the recommendation that the City make
application into the Keep America Beautiful Program and commit the
funds for the application and to pay our dues. The funds are to be
coming out of the recycling program.
Motion: Farrier
Second: Hall
Ayes: Farrier, Hall, Evans, Emerson, Wilhelm, Fickes
Nays: O'Brien
Approved: 6-1 vote
City Council Minutes
October 15, 1991
page five
Agenda Item #8-A, Ordinance No. 544t 1st reading. Landscape
The City Manager stated this item will need to be tabled as the
Planning and Zoning Commission will hopefully complete their review
at their next meeting.
Motion was made to table Ordinance No. 544, 1st reading.
Motion: Emerson
Second: Farrier
Ayes: Emerson, Farrier, Evans, O'Brien, Hall, Wilhelm, Flckes
Nays: None
Approved: 7-0 vote (to table)
Agenda It.em #8-Bt Ordinance No. 545~ 1st readinq Burninq Permits
Director of Public Safety, Billy Campbell, presented Ordinance No.
545, explaining Section #6 will be omitted as it is covered in the
Uniform Fire Code.
After discussion, motion was made to approve Ordinance No.
reading, omitting Section #6.
Motion: Emerson
Second: Farrier
Mayor Fickes read the caption of the ordinance.
545, 1st
Ayes: Emerson, Farrier, Evans, O'Brien,
Nays: None
Approved: 7-0 vote
Hall, Wilhelm, Fickes
Agenda Item #8-C~ Ordinance No. 547~ 1st readinq TMRS Update
LouAnn Heath, Finance Director, introduced an ordinance that
provides for an automatic annual updating of service credits and
annuity increases. This is the first time this option has been
available in the Texas Municipal Retirement Program. In prior
years, updated service credits and annuity increases had to be
annually approved.
The updated service credit provides for a recalculation of
retirement benefits based upon a member's average monthly salary
for the previous three year period. Retirement benefits are
updated based upon the higher wages earned in more recent years.
Motion was made to approve the 1st reading of Ordinance No. 547.
Motion: Farrier
Second: Emerson
Mayor Fickes read the caption of the ordinance.
Ayes: Farrier, Emerson, Hall, Evans, O'Brien, Wilhelm, Fickes
Nays: None
Approved: 7-0 vote
City Council Minutes
October 15, 1991
page six
Aqenda Item #8-D~ Ordinance No. 548~ 1st reading TMRS
Finance Director, LouAnn Heath, presented Ordinance No. 548, 1st
reading, stating the fiscal year 1991-92 budget recently adopted
made a provision for increasing the matching ratio for the
retirement program. The city pays for its retirement program
through TMRS. Currently, the city's matching ratio is 1-1/2 to 1,
with employees contributing 5% of salary. The budget incorporates
a change in the plan to a 2 to 1 matching ratio, effective January
1, 1992.
The City's current contribution rate is 3.01% of total salary with
the 1-1/2 to 1 matching ratio. The proposed 2 to 1 ratio plan
increases the rate to 4.19%, plus, .01% for the increase in
annuitants benefits, for a total rate of 4.20%. The 1991-92 budget
for retirement benefit~ increased approximately $30,000, from
$80,000 to $111,000 to provide for this additional benefit.
Motion was made to approve Ordinance No.
Motion: Farrier
Second: Emerson
548, 1st reading.
Mayor Fickes read the caption of the ordinance.
Ayes: Farrier, Emerson,
Nays: None
Approved: 7-0 vote
Hall,
Evans, O'Brien, Wilhelm, Fickes
Agenda Item #10-B~ Agreement for Utility Billing Audit
The City Manager, Curtis Hawk, stated the audit agreement is
similar to the contract we entered with City Research Services in
1989 to audit our sales tax receipts. The sales tax audit resulted
in a new return of $9,562.88 to the City. Although the 60% fee
sounds high on the surface, any revenue the audit generates will be
lost without the audit. Staff does not have the time to conduct
such an audit.
City Council asked this item to be brought back
the next meeting, in the meantime, Staff
options.
to Council during
will look into other
Agenda Item #ll-A~ Discussion: Slqn Ordinance.
Eddie Wilson, Code Enforcement Officer, present and explained the
recommendations made by the Planning and Zoning Commission on the
Sign Ordinance. The draft presented also has the comments made by
Wayne Olson, City Attorney. Areas discussed include:
City Council Minutes
October 15, 1991
page seven
Agenda Item #i1-At Continued
Section 16-B, Political signs in right-of-way.
Council suggested they not be allowed.
Section 20, Billboards. The City Attorney
recommended a minimum of 672 square feet-
1,760 feet a part and 1,760 feet from a residence.
3. Section 2. Balloons.
4. Article 2- Fee Structure
Council went into recess at 9:32 p.m.
Council returned to open session at 9:45 p.m.
Agenda Item #ii-Et Southwestern Bell Franchise Agreement
Gary Terry, was present, representing SW Bell Telephone Company.
He stated most of the franchise ordinances in the area are at least
twenty (20) years old, and Southlake's ordinance will expire in
January 1992. He stated Southwestern Bell has been discussing a
new uniform agreement for the 535 cities they have agreements wit'
for the past several months. He presented their position t
Council.
Agenda Item #ii-Bt Discussion: Weed Lien Ordinance
The City Manager, Curtis Hawk, expressed this ordinance for weed
liens, is a follow-up to the agenda item of July 9, 1991. The
proposed ordinance reflects changes necessary due to statutory
amendments in the last legislative session.
Director of Public Safety, Billy Campbell reviewed the recommended
changes for Council, stating this ordinance will be presented for
1st reading in the near future.
Agenda Item #ii-Ct Discussion: City Council Procedures
The City Manager, Curtis Hawk, stated over the past several years,
the City Council Procedures ordinance has been discussed. The
memorandum from Chris Terry, Assistant to the City Manager, has
outlined the discrepancies between our practice and the ordinance
which was adopted in 1985, and amended in 1987.
Councilmember Mike O'Brien stated he would like to work on this
item with a couple of other Councilmembers and bring a suggested
amendment back to Council in the near future. He would like t
find a way to streamline the Council meetings.
City Council Minutes
October 15 ,1991
page eight
Aqenda Item #11-D~ Discussion: Continental Park Sewer
Curtis Hawk, City Manger, stated their is still a number of people
in Continental Park Estates who have not yet connected to the sewer
system. He informed Council that in July he sent out letters to
each individual property owner not connected and told them we would
begin enforcing the ordinance beginning Friday, November 1, 1991.
Agenda Item #12, Adjournment
Motion: Wilhelm
Second: Emerson
Ayes: Wilhelm, Emerson,
Nays: None
Approved~ 7-0 vote
Motion was made to adjourn the meeting at 11:15 p.m.
Hall, O'Brien, Farrier, Evans, Fickes
ATTEST:
S~fldra L. LeGrand
City Secretary