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1991-11-05 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING November 5, 1991 7:00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Wilhelm; Deputy Mayor Pro Tem Sally Hall. Members: Jerry Farrier and W. Ralph Evans. Pro Tem, Rick Barry Emerson, COUNCILMEMBER ABSENT: Mike O'Brien CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; Michael Barnes, Director of Public Works; LouAnn Heath, Director of Finance; Chris Terry, Assistant to the City Manager; Greg Last, City Planner; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; Malcolm Jackson, Deputy Directof of Public Safety; Wayne K. Olson, City Attorney; and, Sandra L. LeGrand, 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 agenda. Mayor Gary Fickes called the meeting to order at 7:00 p.m. Agenda Item #l-B, 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) 2(j) of the Open Meetings Act, to seek the advice 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 and regarding the deployment or specific occasions for implementation, of security personnel or devices. Council went into executive session at 7:05 p.m. Council returned to Open Session at 7:35 p.m. Agenda Item 1-C~ Action necessary/Executive Session No action was taken during the executive session in regard to pending or contemplated litigation, purchase, exchange, lease or sale of real property, or appointment and evaluation of public officials, or deployment or specific occasions for implementation of security personnel or devices. City Council Meeting Minutes November 5, 1991 page two Agenda Item #2, Approval of Minutes Motion was made and approval given to the Minutes of the City Council meeting held on October 15, 1991. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall, Emerson, Farrier, Fickes Nays: None Approved: 6-0 vote Agenda Item #3, Mayor's Report Mayor Gary Fickes noted he received a letter of resignation from Patty McCarty on the Planning and Zoning Commission. He asked the City Secretary to place an item on the next agenda for appointment to that board. Deputy Mayor Pro Tem Sally Hall reported on the process being made at Teen Court, stating several from the committee will be attending a Teen Court Conference in Bedford and their should be a report from the group in the near future. In February, representatives from the Teen Court Advisory Committee will be presenting a skit before the P.T.O. Aqenda Item #4, City Manaqer's Report The City Manager, Curtis Hawk stated the Keep Amercia Beautiful organization has been meeting and a formal application to the program has been forwarded as directed by Council at the last meeting. Aqenda Item #5, Consent Aqenda The consent agenda was approved as presented, with the following being considered: 5-A. Award of bid for Mid-size pick up truck for the Public Works Department. Motion: Wilhelm Second: Emerson Ayes: Wilhelm, Emerson, Nays: None Approved: 6-0 vote Hall, Farrier, Evans, Fickes City Council Meeting Minutes November 5, 1991 page three Aqenda Item #6t Public Forum 6-A, Public Appearance by Richard Allen, 1613 Mockingbird Lane, Southlake. Mr. Allen expressed that he has been a member of the Southlake Volunteer Fire Department for five (5) years. He stated he is President Elect of the SVFD and present to speak for quality fire services. In Southlake the Fire and Police were separate until October 1990. He stated the Department feels it is in the best interest of the City to have separate departments with a separate Fire Chief and Police Chief. He alleged the firefighters are currently under the supervision of an unqualified supervisor, Allen referenced: an accident in Highland Park; higher insurance rates under the DPS system; and the fact that the department wants an ordinance for each department with each department having their own chiefs. Mike Thompson, 250 Pine Drive, Southlake. Mr. Thompson is currently employed with the City of Grapevine Fire Department. He stated it has been brought to his attention that the Southlake paid firefighters have been put on fifteen (15) hour days. He wants the best medical and fire safety for his family. Men cannot function at 2:00 a.m. after working fifteen (15) hour days. How free is their free time? His tax dollars go to the City and he wants top dollar service. Mike Totin, 919 Emerald Blvd., Southlake. He is a Volunteer Firefighter for Southlake. He stated he feels the elected officials should admit that the DPS Program is a mistake. He referenced several areas where the concept was scrapped. He suggested it is a "trip" comparing Southlake with DFW Airport. Tony Gutierrez, 1225 Timberline Court, $outhlake. Mr. Gutierrez is a Southlake Volunteer Firemen. He read from a fire magazine, the difference in training for fire and police officers. He asked Council to reconsider the DPS program. Chris Moore, 675 Cherry Lane, Southlake. Mr. Moore is a Southlake Volunteer Firemen. He shared a list of items the volunteers have purchased with their funds, adding, the Volunteers have come a long way. He stated the City now has six (6) volunteer E.M.T. Officers, and before long, there will be twelve (12) volunteer E.M.T. Officers. He explained the problems he sees with a "DPS" Officer on the fire scene. He stated the department has no Fire Chief or Assistant Fire Chief, the moral is low and they are in need of training. Since this is Public Safety, it is the public who will pay. City Council Meeting Minutes November 5, 1991 page four Agenda Item #6~ Continued Rexenne Allen, 1613 Mockingbird Lane, Southlake. Mrs. Allen is a Southlake Volunteer Firefighter. She stated, we are an excellent Fire Department, both volunteer and paid. She stated many of the men have grown up in Southlake and have gone to schools here. They have taken the responsibility to make this a good organization. They want it back where it was. She asked Council, to not subject our citizens to higher insurance rates. Keep our Police Department "pure" with a single task, and not rob them of their identity and their pride. Don't rob our citizens of service. Scott Rudduck, 217 Lilac Lane, Southlake. Mr. Rudduck is a Southlake Volunteer Firefighter. He stated, a community needs police and fire services. He read an opinion from the National Fire Protection Association. He alleged men with divided responsibilities cannot do an adequate job. Vick Ashcraft, 1201 Emerald, Southlake. He is not a Volunteer Fireman, however, he has served as a professional fireman in three (3) Volunteer Fire Departments in Little Rock, Arkansas. The DPS System is not working, nor has it worked in other Fire Departments in the area. Barbara Rudduck, 217 Lilac Lane, Southlake. She is the Mother of Scott Rudduck, a volunteer fireman. She told a story about her son, Scott, and how devoted he is to the Southlake Fire Department, no matter what the conditions. Mayor Fickes commented on how much the City Council appreciates the Fire Department in Southlake. Fire and Police are the most expensive departments in a city and because of the growth and rural-low density, taxes are a problem. Southlake is the 3rd largest city in Tarrant County. We must have the best service at the lowest possible cost to the tax payer. The City Council was told mandatory cross-training did not work. We must have our volunteers. The City Council recognizes a system that will work, it will take years to implement and will not be done overnight. At that time, we would hire DPS Officers who are already trained. City Council felt this would be a system that would the least cost to the tax payers. One year ago, brought in on an administrative level. work well, at the system was City Council Meeting Minutes November 5, 1991 page five Aqenda Item #6~ Continued Mayor Pro Tem Rick Wilhelm stated he met with the board last night and training was the most concern. He stated the City will provide the training to those volunteers who want it. We must have trained volunteers to back up the paid people. The City must stand behind the volunteers. He stated he enjoyed meeting with each of the men and talking about the By-Laws of the group. Mike Totin, 919 Emerald, Southlake. Mr. Totin stated they were told they would not get more paid firefighters, that the new men would be Public Safety Officers. Director Billy Campbell explained there has been absolutely no talk in the administration about hiring Public Safety Officers at this point and juncture. P.S.O.'s would be established when we attain the things the Mayor said, as far as minimum standards. He does not feel it is for him to say. He feels the minimum standards should be set at a time the volunteers can reach them. His only concern is that they not put a volunteer in a position that he cannot respond to from a safety standpoint or a life safety standpoint for his self or someone else. We are not going to come in and say, the next person hired will be P.S.O. This is a budget item and it is not there. Campbell added, when they talk about minimum staffing, they are talking about minimum staffing of the paid men and not the volunteers. Mayor Fickes stated if one person per shift is hired, it will be four (4) new men. It will cost approximately 4 cents on the tax role in order to hire one person. That is why the volunteer system is essential in this city, and this Council realizes this. The City will wait ninety (90) days to hire a Fire Chief. We have someone serving in this capacity until that time. City Manager, Curtis Hawk addressed working hours of the paid men. Until today, he did not know what the perception was about the hours of the paid men. The paid personnel are working ten (10) hours per day. On paper, they are working a twelve (12) hour shift, which is what they are getting paid to do. They work a twenty-four (24) hour shift, two (2), twelve(12) hour days. Take out two (2) hours for lunch and dinner, an hour for physical training and two (2) hours for free time. He does not feel it is onerous and he does not think they think it is onerous. It is just different. Hawk feels the Acting Deputy Director is qualified to over see the fire services, and with the three (3) shift lieutenants, he feels we will make it through until we have a Fire Chief. City Council Meeting Minutes November 5, 1991 page six Aqenda Item #6, Continued Councilmember Barry Emerson commented, he finds it strange that this problem has grown relatively quickly for something that happened one and one-half years ago. He agreed we need the volunteers. There must be rules and the Volunteer Fire Department must follow the rules. We do have an ordinance, in regards to Volunteer Firemen, however, it has not been enforced since it was approved in 1966. Mayor Fickes suggested a couple of Councilmembers meet with the Volunteers to try and work out the misconceptions. Fickes stated, the Volunteers give of their time and money and in instances throughout this country, they have given their lives. They must realize when they are out on a fire, they are representing the city. In today's world of litigation, the city is liable for everything they do. If the city does not have proper documentation that the volunteers are properly training, the city is liable. It is essential, when they are representing the city as a volunteer, that the city gives them the proper training. Councilmember Sally Hall stated in response to Mike Totin's comments in regards to proper ordinances and fire codes. She stated she has spend a year and one-half working with upgrading the Fire Codes in the City. She reference the Fina, Conoco, and Diamond Shamrock fuel terminals. We now have a mowing ordinance, and a Court of Record, which is necessary to enforce the Codes, where the citations cannot be appealed to Tarrant County. Shake Shingles have also been addressed in an ordinance. Tom Snyder, President of the Volunteer Fire Department. The Volunteers are not fighting the City, they are here fighting for their department. They have special needs, they are not properly trained, they need special training. They are afraid, and their moral is bad. If the City brakes the moral of the Volunteers, it will cost the city a lot of money. Mayor Fickes stated he would like to see the City stay with the Department of Public Safety System for awhile, give it a good try. Chris Moore stated Don Wilson was the best person in support of the system. He stated the City is about to loose about eight (8) paid firemen if things don't change. He feels the problems have been sheltered from the City Council by the Administration. City Council Meeting Minutes November 5, 1991 page seven Agenda Item #6~ Continued Wayne Malouf, Attorney in Dallas. He stated he does not reside in Southlake but has been asked by members of the Fire Department to check on two things: 1) If the DPS System went through, what could be done legally, if the City Council decided to go through with it; 2) If something were organized, could City Employees be involved, as far as citizens organizations, without retaliation or job discrimination. Mr. Malouf feels it would go along way if the personnel were reassured they would not be discriminated against for this activity. Mayor Fickes stated he would be more than happy to meet with the Volunteers and paid staff. Councilmembers Wilhelm and Emerson also volunteered to meet. Mrs. Gutierrez, Tony's mother noted how much her son loves the Volunteer Fire Department. Rudy Fernandez, 1430 Brumlow Avenue, Southlake. Mr. Fernandez is a citizen of Southlake and a current Lieutenant and nineteen year veteran of the Dallas Fire Department. He is concerned that the City of Southlake is leaning toward a Department of Public Safety. He stated he hopes and prays for the sake and lives of the citizens of Southlake that this is not true. He appreciates that this may be budgetary good intentions. He hopes that this is not a power seeking play by a public official. He asked what level of risk is the City willing to accept. This may have been a good measure ten to thirty years ago, this would be a step backwards today with all the expensive construction going up in Southlake. If the citizens were smart, they would sue the city for going this direction when they have the option to specialize. Police and Fire Departments do not want it and it is horrible for moral. In summary, it might be cost efficient in the short run, but a whole lot less fire and hazard safety effective in the long run. The Fire Department needs a Fire Chief and a Police Department needs a Police Chief. Don Wilson, Southlake. Mr. Wilson, former Fire Chief, informed the Mayor and Council the incidents surrounding his resignation on October 21, 1991. He stated he has been a sponsor of the Public Safety Program since his becoming an employee of Southlake. He stated he was told that they would have minimum maned Fire and Police before they would have public safety officers. He read from a memo dated August 6, 1991, signed by Director Billy Campbell. City Council Meeting, Minutes November 5, 1991 page eight Aqenda Item #6, Continued Richard Allen stated all he hears from all he hears from the men is "lives". the Council is "dollars"; Aqenda Item #7-A, Ordinance No. 545, 2nd readinq. Burninq Permits Ordinance No. 545 is an ordinance relating to Burning Permit. Director of Public Safety presented the ordinance for 2nd reading, stating, Section #6, has been omitted, as instructed by Council, as the issue is covered in the Uniform Fire Code. The public hearing resulted with no comments. Motion was made to approve the 2nd reading of Ordinance No. presented. Motion: Wilhelm Second: Hall 545 as Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Hall, Emerson, Nays: None Approved: 6-0 vote Farrier, Evans, Fickes Agenda Item #7-B~ Ordinance No. 547~ 2nd reading. T.M.L. Ordinance No. 547, 2nd reading was presented. The Finance Director presented the second reading of an ordinance that provides for an automatic annual updating of service credits and annuity increases. 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 updates based upon the higher wages earned in more recent years. Motion was made to approve the 2nd reading of Ordinance No. 547. Motion: Emerson Second: Wilhelm Mayor Fickes read the caption of Ordinance No. 547. Ayes: Emerson, Wilhelm, Hall, Farrier, Nays: None Approved: 6-0 vote Evans, Fickes City Council Meeting Minutes November 5, 1991 page nine Agenda Item #7-C~ Ordinance No. 548~ 2nd reading T.M.R.S. Ordinance No. 548, 2nd reading was presented, as 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. Motion was made to approve Ordinance No. 548, Motion: Wilhelm Second: Emerson 2nd reading. Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Emerson, Evans, Nays: None Approved: 6-0 vote Farrier, Hall, Fickes Aqenda Item #8-A~ ZA 91-59, Final Plat of IV SouthRidge Lakes~ Phase The final plat of SouthRidge Lakes, Phase IV, Sections one and Two was discussed. Section One is legally described as 25.474 acres out of the A..A. Freeman Survey, Abstract No. 522, and Section Two is described as being 6.64 acres out of the L.B.G. Hall Survey, Abstract No. 686. Section One proposed 41 lots and is located North of Phase III, East of the J.W. Sullivan tract and South of the Fred Joyce Property. Section Two proposes 11 lots and is located North and East of Phase II and West of the Belgium American Property. Owner/Applicant is Arvida/JMB Partners, L.P. II. Karen Gandy, Zoning Administrator, commented that on October 17, 1991, the Planning and Zoning Commission recommended approval of the final plat by a 6-0-1 vote, contingent upon the October 11, 1991 staff summary review letter. The November 1, 1991 staff summary review letter is presented and a copy is hereby incorporated into the Minutes of the meeting. Sean Randol, Arvida, was present to answer questions for Council. Mayor Pro Tem Wilhelm commented in regard to several lots, and whether or not they will be buildable. The lots include 83, 86 and 87, all fronting on Pecos. Mr. Randol stated they are buildable. In regards to the informational comments concerning 125' lot widths on lots 70-73 of Block 1, Mr. Wilhelm stated that Council needs to be consistent, this ordinance was not in place until after the preliminary plat was approved. He feels it is not fair to go back and make them comply with new ordinances. City Council Meeting Minutes November 5, 1991 page ten Agenda Item #8-A~ Continued Councilmember Jerry Farrier stated he feels this particular developer is willing to accept the changes when they are in his benefit, and unwilling to make the changes when they tend to go against his plan. This is his level of consistency, as was ruled in Myers Meadows. He feels Arvida tried to cram too many lots in a small area. He does not feel we have the necessity to grant the request. Motion was made to approve the final plat of SouthRidge Lakes, Phase IV, Sections One and Two, subject to the staff summary review letter dated November 1, 1991, items, 1,3,4, & 6. Motion: Wilhelm Second: Evans Ayes: Wilhelm, Evans, Hall, Emerson, Fickes Nays: Farrier Approved: 5-1 vote Mayor Fickes stated to the developer, on the next go-around, he needs to take into consideration the request for variances. Council adjourned to recess at 10:00 p.m. Council returned to open session at 10:20 p.m. Mayor Fickes stepped out of the meeting Agenda Item #8-B~ Landscape Ordinance No. §441 1st reading. The proposed Landscape Ordinance No. 544 was discussed. Greg Last, City Planner explained several typical designs for Council. Mr. Last is to work on several sections, including: An industrial site; TNB building; and, Funds vs Landscaping. He will present the revised ordinance during the next City Council meeting. Motion was made to table the 1st reading of Ordinance November 19, 1991. Motion: Evans Second: Emerson Ayes: Evans, Emerson, Wilhelm Nays: Farrier, Hall Approved: 3-2 (to table) No. 544, to Mayor Fickes returned to the meeting. City Council Meeting Minutes November 5, 1991 page eleven Aqenda Item #9-A~ Resolution No. 91-44~ Request for Variance to Masonry~ for Timarron Motion was made to table Resolution No. 91-44, request for variance to the masonry ordinance for Timarron Addition, at the request of the developers, until the November 19, 1991 City Council meeting. Motion: Emerson Second: Evans Ayes: Emerson, Evans, Hall, Wilhelm, Farrier, Fickes Nays: None Approved: 6-0 vote (to table) Aqenda Item #10-At Interlocal Agreement for Tarrant County Health Department for Food Service and Public Swimming Pools The renewal of the Interlocal agreement between the City of Southlake and Tarrant County Health Department for food service and public swimming pool sanitation program was discussed. Motion was made to approve the renewal of the agreement with Tarrant County Health Department as presented. Motion Wilhelm Second: Evans Ayes: Wilhelm, Evans, Farrier, Emerson, Hall, Fickes Nays: None Approved: 6-0 vote Aqenda Item #10-B~ Voting for Board of Directors of TAD Mayor Fickes explained that Item #10-B, consists of Council voting for their choice of board of directors for the Tarrant Appraisal District. He noted that David Johnson, a Grapevine resident also serves on the Keller City Council. It was determined that Southlake has a total of 15 votes, which may be placed for one candidate or divided however Council wishes. Motion was made to place all for David Johnson, for a place on the Board of Directors Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Evans, Emerson, Farrier, Fickes Nays: None Approved: 6-0 vote 15 votes from the City of $outhlake of TAD. City Council Meeting Minutes November 5, 1991 page twelve Agenda Item #11-A~ Discussion: Sign Ordinance Code, Enforcement Officer, Eddie Wilson, was present to present to Council the revised Sign ordinance. He reviewed for Council the following items: Section 15, A (2) A~tached Sign: changing maximum letter/logo height from 48 inches to 36 inches. Section 18, B, Balloons and Other Floating Devices Maximum height from 200 feet to 100 feet to end of tether line (from ground to top of balloon). Hot Air Balloons, must be licensed by FAA and must have a licensed driver. Section 19, Temporary Signs Eddie Wilson is to check with other cities in regards to temporary signs. The City Attorney, Wayne Olson, recommended Council not allow signs in right of way. Section 20, A. Billboards Council agreed upon 15- square foot signs, except for multipurpose signs. Agenda Item #12, Adjournment Motion: Evans Second: Farrier Ayes: Evans, Farrier, Nays: None Approved: 6-0 vote Motion was made to adjourn the meeting. Emerson, Hall, Wilhelm, Fickes o ar s ATTEST: ~an-dra L. LeGrand City Secretary