1988-07-05 CITY OF SOUTHLAKE
667 N. Carroll Avenue
Regular City Council Meeting
July 5, 1988 7:30 p.m.
MINUTES
Present: Mayor, Johnny H. Westerholm; Councilmembers:
Ralph Evans and Pam Muller.
Jim Wooll,
Absent: Councilmembers: Betty Springer and Sally Hall.
City Staff Present: City Manager, Lloyd O. Latta, Jr.; Director of
Public Works, Bill LeGrand; Fire Chief, R.P. Steele; Police Chief,
Jerry Crowder; Finance Supervisor, Renee McCarty; City Engineer,
Eddie Cheatham; City Attorney, Ken Dippel and Legal Assistant, Toni
Chamberlain.
Invocation: Ralph Evans
Mayor Westerholm was absent for the beginning
Meeting; therefore, a Mayor Pro-Tem was
Councilmembers present.
of the City Council
elected from the
Motion was made and approval given for
Pro-Tem for tonight's meeting.
Motion: Evans
Second: Muller
Ayes: Evans, Muller and Wooll
Nays: None
Approved: 3-0
Jim Wooll to serve as Mayor
A~enda Item #2, Approval of Minutes
The minutes of the June 21 and June
were approved as presented.
Motion: Evans
Second: Muller
Ayes: Evans, Muller andWooll
Nays: None
Approved: 3-0
27, 1988,
City Council Meetings
Agenda Item $3, Mayor's Report
City Manager, Lloyd O. Latta, Jr., stated that the public hearing
on the HWYll4 interchange will be held on August 18, 1988 at 10:00
a.m. at Christ Our King Church, E. Southlake Blvd.
Agenda Item $4, Presentation, FY89 Budget
A presentation was made by City Manager, Lloyd O. Latta, Jr., on
the Fiscal Year 1989 Budget. He stated that public hearing dates
will be announced at a later date.
City Council Minutes
July 5, 1988
Page 2
Consent A~enda Items ~6, #8, ~12 and #13
The following items were approved under the provisions for consent
agenda. They include:
Item ~6
ZA88-19, Preliminary plat for HWYll4 and Carroll
Addition. A 27.7676 acre tract of land out of
Hall Survey, Abstract 695.
the W.W.
Item #8
ZA88-21, Final plat of the Hart Industrial Park. An
11.303 acre tract of land out of the J.H. Gibson Survey,
Abstract 591, Tract 2C and 2E3.
Item ~12
Ordinance #441, 1st. reading. An ordinance providing
regulations relating to the assignment and posting
street address numbers on buildings within the city.
of
Item #13
Resolution 88-62, approval of an agreement with Walnut
Grove Water System relating to service in an area
recently annexed by the city.
Motion was made and approval
items, ~6, #8, #12 and #13.
Motion: Evans
Second: Muller
Ayes: Evans, Muller and Wooll
Nays: None
Approved: 3-0
given to approve the consent agenda
A~enda Item #5, ZA88-18, Preliminary Plat, Kimball/1709 Addition
The preliminary plat for Kimball/1709 Addition, a 7.1571 acre tract
of land out of the Samuel Freeman Survey, Abstract 525. Owner:
Pang Joint Venture, was discussed.
Public Comment:
Conner Lam.
plat.
He supports the plat and is very much in favor of the
Motion was made and approval
the Kimball/1709 Addition.
Motion: Evans
Second: Muller
Ayes: Evans, Muller and Wooll
Nays: None
Approved: 3-0
given to ZA88-18,
preliminary plat of
City Council Minutes
July 5, 1988
Page 3
Agenda Item ~7, Ord. 334-40, Special Use, Fl~in~ Burrito
A request for a Special Exception Use Permit for continued
operation of the Flying Burrito Restaurant, was discussed. The
property is located in the L.H. Chivers Survey, Abstract 300, Tract
3A4A and 3A5, 202 East Northwest Parkway.
Councilmember Wooll explained to the audience that in order for the
City Council to approve any issue, it takes 3 votes of the City
Council in favor of the item.
Applicant, Janye Benavides, 144 Bell Chase, Roanoke, was present
for the meeting. She stated she wishes to apply for a permanent
use for a restaurant, not a temporary use. She has a big concern,
why did this all happen?
Director of Public Works, Bill LeGrand stated the question at hand
is the special use permit and the problem is the parking area and
the set backs.
Public Comment:
Conner Lam. As a taxpayer, he wants to see the city grant a permit
if the Flying Burrito passed the County health inspection and as
long as it is deemed safe.
Modene Stricker. Why was the project not inspected along the way
if there is a problem with the building?
Bill LeGrand stated, the building does meet the minimums. The
problem is it does not have a site plan with the parking area shown.
Councilmember Muller stated she feels, according to the ordinance,
we cannot grant a special exception use permit.
Motion was made to table the
City Council Meeting.
Motion: Wooll
Second: Muller
Ayes: Wooll, Muller and Evans
Nays: None
Approved (to table): 3-0
item until time certain the July 19,
Agenda Item ~9~ Ord. #439, Reclassifyin~/Rezonin~
Ordinance #439, 2nd. reading, reclassifying/rezoning, was
for areas 37, 47A, 47B, 48A, 48B, 48C and 48D.
Public Hearing:
Les Clow - 820 Shady Oaks Dr. Happy with Retail-1
48C and 47B.
discussed
for Areas 48B,
Harold Knight - Passed.
City Council Minutes
July 5, 1988
Page 4
Conner Lam - Passed.
Motion was made to continue
time certain July 19, 1988.
Motion: Wooll
Second: Evans
Ayes: Wooll, Evans and Muller
Nays: None
Approved (to continue): 3-0
the public hearing
on Ordinance #439
A~enda Item #10, Ord. 440, Sewer Installation/Connection
Ordinance ~440, 2nd. reading, relating to sewer
connection requirements and property to be served
where sewer service is unavailable, was discussed.
Public Hearing:
Jim Kleinkalf - Jellico Circle. No comments.
Motion was made to approve Ordinance
Motion: Muller
Second: Evans
Ayes: Muller, Evans and Wooll
Nays: None
Approved: 3-0
%440,
2nd.
installation and
by septic tanks
reading.
A~enda Item #11, Ord. 420, Lot Sizes
Ordinance ~420, 2nd. reading, was discussed.
Public Hearing:
Conner Lam - passed.
Jim Klienkaulf - 163 Jellico Circle. He asked if consideration has
been given to the tax structure to provide more services. If a
study has been done, he would like to know the results of that
study.
Mayor Westerholm answered that Mike
Associates has done an analysis and
significant.
Monroe with Cheatham and
that trade off is not that
Motion was made to table Ordinance
July 19, 1988.
Motion: Wooll
Second: Muller
Ayes: Wooll, Muller and Evans
Nays: None
Approved (to table): 3-0
%420,
2nd reading,
time certain
City Council Minutes
July 5, 1988
Page 5
Agenda Item #14~ Personnel Rules and Regulations
The City Personnel Rules and Regulations were reviewed by Council.
Motion was made to approve the rules as presented with
on pages 25 & 26 as noted to be effective immediately.
Motion: Wooll
Second: Evans
Ayes: Wooll, Evans and Muller
Nays: None
Approved: 3-0
amendments
Agenda Item 916~ Acceptance of Resignation of the City Manager
The City Manager, Mr. Lloyd O. Latta, Jr., left the Council meeting
at this time.
Mayor'Westerholm stated, the City Council has reviewed the conduct
of the management of the City. City Council has talked to him
about several issues on several occasions. Westerholm stated that
on July 2, the City Council received a packet in which Lloyd O.
Latta, Jr., resigned as City Manager to be effective at the
pleasure of the Council. He also stated, he would be willing to
continue working until the 30th day of September.
The Mayor recommended that the resignation be accepted with an
immediate effective date. The other option will be to accept the
resignation immediately with the effective date to be determined
when all City Councilmembers can be present.
Motion was made to accept the resignation as
specific date. Date to be set by entire Council.
Motion: Wooll
Second: Muller
Ayes: Wooll, Muller and Evans
Nays: None
Approved: 3-0
written without a
A Special City Council Meeting will be held on Monday, July 11,
1988, at 7:00 p.m.
Public Comments:
Bill Low - 3111 Woodland Trails. Suggested their action be taken
immediately. 1) if resignation is to be taken, he suggests the
selection of an interim City Manager. 2) The City Attorney be
dismissed immediately and 3) a task force of executives from the
city be selected to assist in the management process.
Donna'Wallace - left the meeting.
City Council Minutes
July 5, 1988
Page 6
Harold Knight - passed.
Cheryl Gielow - 1417 Whispering Dell Ct. She thanked the City
Manager for reinstating the police officers and chief of police.
She asked that Latta be allowed to work until a new city manager
can be found. She asked that the new city manager have no ties to
the city. She resents that all the blame is being placed on Latta.
Carter Barcus - passed.
Agenda Item ~15, Public Forum
Marion Compton - 225 Sweet Street. She thanked Mr. Latta for
putting the men back to work. She asked what was the cost of the
private investigator, how much was spent on city legal fees for the
last 2 months.
Charlotte Lemineux - passed.
Kathy Turner 1027 E. Continental. Have you not tried and convicted
the 6 men in the police department.
Len Edlington
agencies. They
city. It seems
it was dropped.
leave at all.
the Mayor.
975 ~Wildwood. The accusations were taken to two
chose not to be involved and sent them back to the
to me that the city manager brought them back and
It seems that the men should not have been put on
Also, he does not understand the point of view of
Dave Keyes - 1120 Taylor. why was this whole thing turned over to
the city manager. If we need a public hearing on this why don't we
call a special meeting and have the public hearing. Something is
either wrong with the charter or how they enacted it.
Roy Stacy - 320 N. Shady Oaks. Did Mayor and City Council know at
the last meeting that no action was going to be taken. If so, why
did the people have to stand out in the heat for 2 hours and 20
minutes. Did Charles Curry investigate the police department many
months ago under the direction of the Mayor?
Bill Low - 3111 Woodland Trails. He recommends that the City
Attorney be dismissed. He puts a great deal of blame on the City
Attorney for the police department matter. He asked that a task
force of business people be formed to recommend changes. He asked
that some action be taken by the City Council to give the citizens
a feel of confidence. He asked that Friday, July 8, be designated
as "Jerry Crowder Day".
Cheryl Gielow 1417 Whispering Dell. Comments concerning
employees following orders of the City Council.
City Council Minutes
July 5, 1988
Page 7
Roy Stacy 320 Shady Oaks Dr. Did the City Council ask for Lloyd
O. Latta, Jr., resignation one week ago? He believes they did.
Tom Ingle - 1101 E. Northwest Parkway, Suite 103. Attorney
representing Chief Crowder. So that there won't be any confusion
as to the 180 degree turn taken by the City Manager, Lloyd O.
Latta, Jr., he wants to say a few things. Thursday afternoon, he
received a telephone call from John Boyle. He requested that
Crowder meet with Latta to get this thing worked out. Ingle
answered "no". He called him back that afternoon and said they
could meet as long as there were 2 witnesses. That is what
happened Friday night; they got the differences worked out and
everyone is back to work and it is over.
Motion was made to adjourn the meeting.
Motion: Evans
Second: Wooll
Ayes: Evans, Wooll and Muller
Nays: None
Approved: 3-0
Joh
~ny 7' W~e~olm, Mayor
ATTEST
LeGrand, City S%~ta~