1988-09-06 CITY OF SOUTHLAKE
667 N. Carroll Avenue
Regular City Council Meeting
September 6, 1988 7:30 p.m.
MINUTES
Present: Mayor, Johnny H. Westerholm; Councilmembers: Jim Wooll,
Betty Springer, Sally Hall, Pamela Muller and Ralph Evans.
City Staff Present: Acting City Manager, william D. LeGrand; Fire
Chief, R.P. Steele; Police Chief, Jerry Crowder; City Accountant,
Renee McCarty; City Engineers, Eddie Cheatham and Mike Monroe; and
City Attorney, Adrienne Leonard and Legal Assistant, Toni
Chamberlain.
Invocation: Johnny H. Westerholm
The minutes of the August 16, August 18 and August
Council Meetings were approved as presented.
Motion: Wooll
Second: Evans
Ayes: Wooll, Evans, Springer, Hall and Muller
Nays: None
Approved: 5-0
30, 1988, City
Mayor's Report
Councilmember Hall reported on the status of the selection of a
City Manager. The City Council has narrowed the choices to five.
It was interesting to note that NCTCOG came in with the same group
out of the 80 resumes. Interviews will be held next week.
Mayor Westerholm stated he appreciated the good job that Sally, Jim
and Pamela have done as a committee on the selection of a new City
Manager.
City Manager's Report
William D. LeGrand, Acting
the City has stayed within
needed to borrow any funds.
City Manager, stated in his report that
the spending level and to date has not
The street department has been busy with seasonal weed cutting and
have had numerous compliments.
City Council Minutes
September 6, 1988
Page 2
Agenda Item #5~ 3rd Public Hearing of FY89 Budget
Before the 3rd public hearing began, Acting City Manager, William
D. LeGrand, gave a summary of FY89 Budget. He stated the 41¢ tax
rate represents a 26% increase over last year's budget. It will be
a fixed cost budget with no dramatic increases.
Mayor Westerholm noted that he personally recommends a 41¢ rate to
allow for building reserves with cuts in both police and streets.
Councilmember Springer stated she wants to bring the loan back up
to a zero balance. She wants us to make some progress--holding
down the police department, eliminating the buy back of sick leave
time, animal control is a question as it is 1/2¢. She feels we
should add funds for relocation of City Manager.
Councilmember Hall commented, we should cut the sick leave buy back
and contract out streets and save 2¢. She does not like 41¢ rate,
but would like 38¢. She does not feel we should penalize the
citizens by having a .4169¢ tax rate.
Public Hearing:
Marion Compton - 225 Sweet St. She feels that by cutting sick
leave buy back and cutting the police department, we will have to
pay overtime. The police department needs an incentive. Has the
city investigated the idea of having an in-house attorney?
Ann Barnes - 1350 E. Highland. She is against increasing the
number in the police department and also against the Humane
Society. She looked into ratio of manpower in other police
departments--Grapevine, 1/500; Colleyville, 1/450; and Southlake,
1/300.
Rick Stacy - 1000 W. Southlake Blvd. He asked about the $175,000
loan. He wants the Humane Society scratched from the budget
entirely. He also wants the 2 men scratched from the street
department but believes we need the police officers. He does not
support the ambulance going to two (2) shifts. He is in favor of
raising the police department to 25 personnel.
Conner Lam - 1280 Post Oak Trail. Questioned the salary expenses
for the City Secretary's office. He questioned the liability bond
for the city. He feels that going over 40¢ and not having a sewer
system is not good. If we don't have all shifts on the ambulance,
it is worthless. We need reserve funds, our bond rating will go to
the pits.
Charles Curry - 1203 Ridgewood Circle. He endorses Ann Barnes'
statement. He commends the City Council as it is a lot of hard
long hours. He urges council to be very conservative about the
City Council Minutes
September 6, 1988
Page 3
revenue estimates. He feels this City Council has exercised good
judgement. He wants sewer put back in the budget for Continental
Park Estates. He referred to the petition which was presented to
City Council on September 6 in regards to sewer. He wants City
Council to authorize the implementation so when it becomes
available, we will be ready.
Councilmember Springer thanked the citizens in Continental Park for
the petition on sewer.
Mayor Westerholm asked City Council to restore the revenue and
general funds for the sewer system.
Cheryl Gielow 1417 Whispering Dell. She agreed, we need funds in
reserves, but, why not do it over a period of time. She thinks we
need extra police officers. If we have extra funds, she wants it
to go in the police budget.
Bill Cosgrove - 1750 Shumaker. Regarding our City
Attorney--doesn't the city have a retainer contract? Doesn't the
city have an arrangement with the Humane Society at this time?
The Public Hearing was closed.
Agenda Item #6, Ord. ~445, 1st Reading, FY89 Budget
City Council discussed the proposed budget.
Motion was made to restore the revenue budget by $269,946.
include the sewer system in both revenue and expenditures by
same amount.
Motion: Springer
Second: Wooll
Ayes: Springer, Wooll, Hall, Muller and Evans
Nays: None
Approved: 5-0
To
the
Motion was then made to adopt Ordinance #445, 1st reading as
amended, including: leaving police department personnel at 20 plus
1 warrant officer; leaving 1 vehicle in the police department;
delete the two street department workers; allowing $25,000 for the
Humane Society; drop the sick leave buy back as outlined in the
Personnel Rules and Regulations and delete the part-time park
employee.
Motion: Wooll
Second: Springer
Ayes: Wooll, Springer, Hall, Muller and Evans
Nays: None
Approved: 5-0
City Council Minutes
September 6, 1988
Page 4
Agenda Item #7, Ord. #446, Tax Levy, 1st Reading
The tax levy, Ordinance #446, was discussed by City Council.
Motion was made to set the tax rate at 40¢ on 1st.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Hall, Springer and Wooll
Nays: None
Approved: 5-0
reading.
Agenda Item #8, Ord. 447, 1st. Reading, Master Plan/Land Use Plan
The Master Plan/Land Use Plan was discussed along with the policy
manual.
Motion was made to approve Ordinance #447,
changes.
Motion: Wooll
Second: Springer
Ayes: Wooll, Springer, Hall, Muller and Evans
Nays: None
Approved: 5-0
1st. reading with
A five (5) minute recess was held at this time. (10:05 p.m.)
Agenda Item #9, Ord. 334-39, Special Exception Permit-Aztec
Ordinance #334-39, request for Special Exception Use Permit for
storing, mixing and blending of combustible components with
gasoline and diesel fuels, was discussed. The applicant, Aztec
Realty was not present for the meeting.
Public Hearing:
Rick Stacy had signed up to speak but was not present at the time.
Motion was made to deny Ordinance #334-39, 2nd. reading.
Motion: Muller
Second: Wooll
Ayes: Muller, Wooll, Springer and Evans
Nays: None
Abstained: Hall
Approved (to deny): 4-0-1
City Council Minutes
September 6, 1988
Page 5
A~enda Item #10, ZA88-26, Preliminary Plat-Oien Subdivision
ZA88-26, the preliminary plat for Oien Subdivision, was discussed.
The city staff recommended approval provided City Engineers'
comments are complied with. The land is in the city's E.T.J.
Motion was made to approve the preliminary
comments being complied with.
Motion: Wooll
Second: Springer
Ayes: Wooll, Springer, Hall, Muller and Evans
Nays: None
Approved: 5-0
plat with engineers'
Agenda Item ~11, Final Replat Lots 2 & 3, Blk 1, Randol Mill Est
ZA88-27, the final replat of Lots 2 & 3, Block 1 of the Randol Mill
Estates, was discussed.
The city staff recommends approval of the replat.
Motion was made to approve ZA88-27.
Motion: Wooll
Second: Evans
Ayes: Wooll, Evans, Springer, Muller and Hall
Nays: None
Approved: 5-0
A~enda Item #14, Res.88-75, Southlake/Trophy Club Mer~er Committee
Resolution #88-75, was discussed naming 10 members to the
Southlake/Trophy Club Merger Study Committee. They include:
Brad Bradley
Gary Fickes
Robert Steele
Charles Curry
Phillip Bressinck
Aloha Payne
Buddy Luce
Ernest Johnson
Bill Shanhouse
John Colgan
Motion was made to approve Resolution #88-75.
Motion: Springer
Second: Muller
Ayes: Springer, Muller and Hall
Nays: Wooll and Evans
Approved: 3-2
City Council Minutes
September 6, 1988
Page 6
Agenda Item #19, Res. 88-84, Humane Society Contract
Resolution ~88-84, Humane Society Contract, was discussed.
Public Comments:
Rick Stacy 1000 Southlake Blvd. He feels the $25,000
better spent.
Conner Lam - signed up to speak but was not present.
Motion was made to approve Resolution
page 2 in the contract.
Motion: wooll
Second: Muller
Ayes: Wooll, Muller and Springer
Nays: Hall and Evans
Approved: 3-2
can be
#88-84 deleting item #6 of
Agenda Item #13, Amendments to Personnel Rules & Regulations
A discussion was held in regards to amendments to the Personnel
Rules and Regulations.
Motion was made to table the amendments to the Personnel Rules and
Regulations time certain September 20, 1988, City Council Meeting.
Motion: Wooll
Second: Springer
Ayes: Wooll, Springer, Evans, Hall and Muller
Nays: None
Approved (to table): 5-0
Agenda Item #16, #17, & #18, Consent Agenda Items
Agenda items 16, 17 and 18 were approved as consent agenda items,
as follows:
#16 - Resolution #88-77 Mutual Aid Agreement with Roanoke
#17 - Resolution ~88-76 Mutual Aid Agreement with Trophy Club
#18 - Resolution ~88-78 Interlocal Agreement for fire
protection with Denton County for FY88-89
Motion: Springer
Second: Muller
Ayes: Springer, Muller,
Nays: None
Approved: 5-0
Hall,
Wooll and Evans
City Council Minutes
September 6, 1988
Page 7
A~enda Item #15, Res 88-79, Roadway Study (I-35W to North of DFW)
Resolution 988-79, committing to active involvement in a factual
study and planning activity which will address the aspects of need,
type and feasibility of a roadway between 1-35W and north end of
DFW Airport, was discussed.
After discussion, motion was made to table Resolution
after Colleyville acts on the matter.
Motion: Wooll
Second: Springer
Ayes: Wooll, Springer, Hall, Muller and Evans
Nays: none
Approved (to table): 5-0
#88-79 until
Agenda Item #12, Annexation
A discussion was held in regards to whether or not to proceed at
this time with annexation of the remaining land in the city's
extra-territorial jurisdiction.
Public Hearing:
Rick Stacy - 1000 E. Southlake Blvd. He agrees with the Mayor that
Council proceed with annexation.
A straw vote indicated approval for proceeding with annexation of
the reaming land in Southlake's ETJ.
Agenda Item #20, Resolution ~88-80, Police Dept In-house Computer
This item was withdrawn from the agenda, pending further study on
specifications for a Police Department in-house records and
Tlets II System Computer.
A~enda Item #21, Res. 88-81~ Consultant Contract for Police Dept
Resolution #88-81, allowing the City Manager to enter into a
contract with Bill Lowe as a consultant for the Police Department,
was discussed.
Mayor Westerholm stated that all consultants should work and file
all reports through the City Manager's office. The procedures
should be modified.
Public Comments:
Conner Lam - signed up to speak but at this time was out of the
meeting room.
City Council Minutes
September 6, 1988
Page 8
Robert Downard - 1255 Randol Mill Ave. Why do we need a study of
the police department at this time. He knows the Chief has a
relationship with Mr. Lowe. Is this wise?
Motion was made to table Resolution #88-81 until such time
have acceptance from a new city manager and he agrees with it.
Motion: Springer
Second: Hall
Ayes: Springer and Hall
Nays: Muller, Wooll and Evans
Denied: 3-2
as we
Motion was made to accept the contract with amendments.
Motion: Wooll
Second: Muller
Ayes: Wooll, Muller and Evans
Nays: Hall and Springer
Approved: 3-2
A~enda Item ~22~ Res. 88-83, Grandfatherin~ Nonconformin~ Uses
Resolution ~88-83,
nonconforming uses
classification.
approving the grandfathering and continuation of
and like uses under S-P-1 and S-P-2 zoning
Wayne Olson, attorney for Bill Spivey, owner of Eutectic Metals,
explained the resolution and thier problem. S-P-1 has lowered the
value of the property lower than nonconforming use value. For the
purpose of them obtaining financing.
Motion was made to approve Resolution #88-83.
Motion: Wooll
Second: Evans
Ayes: Wooll, Evans, Muller, Hall and Springer
Nays: None
Approved: 5-0
A~enda Item #23, Fee Schedule for City Services
Mayor Westerholm asked to table agenda item #23,
all City Councilmembers agreed.
fee schedule;
A~enda Item 924, Public Forum
Mr. Cosgrove - had left the meeting
Marion Compton - passed
Bill Lowe - passed
City Council Minutes
September 6, 1988
Page 9
Lemke Claim Public Comments:
John Swift - 1382 Lakeview Dr. There were two buildings put into
place prior to annexation, everything else was after that date. He
is asking that no further building take place on the property. The
burden of proof lies with the City Council. They asked to be
notified if anything is happening with Lemke.
Rick Knauff - 1381 Lakeview. Lemke is using the land for
industrial uses. There are also noise violations, dumping, and
large trucks.
Ron Higgins - 1384 Lakeview Drive. What is the logic of allowing
an industrial complex 100' from school aged children. Where there
are school age children, there is an obligation. He especially
request that City Council take a long hard look at the Lemke letter.
Nancy Schnaval - 1383 Lakeview Drive. If City Council could come
see the area, they would see the property owners point.
Agenda Item ~25, Executive Session, Lemke Claim
Council convened in closed session at 12:15 a.m.
Claim, pursuant to the Open Meeting Law, V.T.A.S.
under the provision dealing with litigation.
regarding Lemke
Article 6252-17
Agenda Item ~26, Lemke Claim
Council reconvened at 2:15 a.m.
Mayor Westerholm explained that Council has been looking at an
agreement with the attorneys as presented. It calls for several
items to take place: Agricultural zoning as a nonconforming use,
the building permits for the building that have been started will
be issued, buildings will be buffered by an 8' privacy fence and
planting of trees, shrubs and the use of buildings may be used for
offices and the preparation of post tension cabling, they will be
able to store materials behind the 8' fences, leave the job as
early as 5:00 a.m. and be back as late as 9:00 p.m. and equipment
can not operate within the noise ordinance guidelines of between
6:00 a.m. and 6:00 p.m. and cannot operate outside that time frame
except to leave the property.
In reviewing within the frame work in this point and time, he feels
it is an acceptable agreement. The agreement (settlement) is to be
finalized by the attorneys.
City Council Minutes
September 6, 1988
Page 10
Mr. Lemke and his attorney have agreed to meet with
owners in the area.
Motion was made to approve the settlement as revised.
Motion: Springer
Second: Evans
Ayes: Springer, Evans, Hall and Wooll
Nays: Muller
Approved: 4-1
the property
Agenda Item 927, Executive Session, Personnel
Pursuant to Open Meetings Law V.T.A.S. Article 6252-17 under the
provision dealing with personnel, City Council met in executive
session at 2:35 a.m.
Agenda Item ~28, Consider Action Necessary Re: Executive Session
Council reconvened in open session at 2:50 a.m.
Mayor Westerholm read the agenda item and explained that this
session is a result of letters from citizens asking for a public
hearing.
He stated that no action will be taken by the City Council, with
respect to matters relative to the prior police department
investigation.
The meeting was adjourned at 2:55 a.m.
Motion: Hall
Second: Wooll
Ayes: Hall, Wooll, Springer, Muller
Nays: None
~. mV,~ d: 5- 0
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Sandra T.. T.eGrand
City Secretary
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