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1988-09-20 CITY OF SOUTHLAKE 667 N. Carroll Avenue Regular City Council Meeting September 20, 1988 7:30 p.m. MINUTES Present: Mayor, Johnny H. Westerholm; Councilmembers: Betty Springer, Pam Muller, Ralph Evans and Jim Wooll. Sally Hall, City Staff Present: Acting City Manager, William D. LeGrand; Fire Chief R.P. Steele; City Accountant, Renee McCarty; City Attorney, Adrienne Leonard; City Engineer, Mike Monroe. Invocation: Ralph Evans The meeting was called to order by Mayor Westerholm. The minutes of the September 6, City Council as presented. Motion: Wooll Second: Evans Ayes: wooll, Evans, Springer, Hall and Muller Nays: None Approved: 5-0 Meeting were approved The minutes of the Emergency City Council Meeting of September were approved as presented. Motion: Springer Second: Hall Ayes: Springer, Hall, Muller and Evans Nays: None Abstained: Wooll Approved: 4-0-1 The Special City Council Meeting of September approved as presented. Motion: Wooll Second: Hall Ayes: Wooll, Hall, Springer, Muller and Evans Nays: None Approved: 5-0 12, minutes were Agenda Item # 3, Mayor's Report A proclamation requested by the Northeast Tarrant County Area Council proclaiming September 30, October 1 and October 2 as "Care Fair Days", being held in the Northeast Mall, was read by Mayor Westerholm. Motion was made and approval proclamation. Motion: Springer Second: Wooll Ayes: Springer, Wooll, Muller, Nays: None Approved: 5-0 given for the "Care Fair Days" Hall and Evans City Council Minutes September 20, 1988 Page 2 Mayor's Report Continued Mayor Westerholm noted that comes the fear of many discharged near residences. regulating the discharge of next City Council Meeting. dove season is beginning and with that property owners with firearms being The City of Southlake has an ordinance firearms which will be discussed at the Agenda Item #4, City Manager's Report Acting City Manager, William D. LeGrand, reported that there has been an increase in questions concerning our area growth. In regards to the monthly financial report, it was determined that the projected cost to complete the fiscal year, will result with a shortfall of $171,958. If the revenues come in higher than expected the shortfall will be adjusted. Agenda Item #5~ Ord. 445, FY89 Budget, 2nd. Reading Councilmember Wooll stated his largest concern in this budget is the change from 25 to 20 employees in the police department. He feels it is an unwise reduction. Public Hearing: Bill Lowe - 3111 woodland Trail. For Southlake to cut manpower of the police department is wrong. The budget allocations are set according to priorities. Please don't ask him to put his family in jeopardy. Rick Stacy - 1000 W. Southlake Blvd. Animal control--he is asking to have it cut from the budget. The legal fees are going to continue, he is encouraging the city to look into this. The major reason we are behind now is the legal fees-. $80,000 in the budget is not enough for legal fees. He feels the estimated revenue in fines and forfeitures is to high with less police force. He wants an increase in police staff. The Public Hearing was closed. Motion was made to add $31,000 increase for 2 additional police cars and add $7,500 in the police department training for accreditation. Motion: Wooll Second: Springer Ayes: Wooll, Springer, Muller, Hall and Evans Nays: None Approved: 5-0 City Council Minutes September 20, 1988 Page 3 Agenda Item 95, FY89 Budget, Continued The motion was amended to add 3 police officers department at a cost of approximately $80,000. Motion: Wooll Second: Evans Ayes: Wooll and Evans Nays: Springer, Muller and Hall Denied: 2-3 making Motion was then made to add one (1) additional officer at Motion: Hall Second: Springer Ayes: Hall, Springer, Muller, Evans and Wooll Nays: None Approved: 5-0 24 in the $27,112. Agenda Item #6, Ord 446, Tax Lev~, 2nd Reading There were no comments on the Tax Levy Ordinance #446, public hearing. Motion was made to approve Ordinance #446, 2nd reading, tax rate at .3882¢ per $100.00 assessed valuation. Motion: Hall Second: Muller Ayes: Hall, Muller, Springer and Wooll Nays: Evans Approved: 4-1 during the setting the Agenda Item 97, Ord 447, Master Plan/Land Use Plan, 2nd Reading The Master Plan/Land Use Plan was discussed. There were no comments during the public hearing. Motion was made to approve Ordinance #447, 2nd. reading. Motion: Wooll Second: Springer Ayes: Wooll, Springer, Muller, Hall and Evans Nays: None Approved: 5-0 Agenda Item #8, Ord. 448, Ambulance Fees, Amending Ord. #395 The amendment to Ordinance #395, increasing ambulance fees, discussed. was City Council Minutes September 20, 1988 Page 4 Agenda Item #8, Ambulance Fees Continued Motion was made to approve Ordinance #448 with a charged to persons outside the city limits, where we agreement, increasing that fee to $300. Motion: Hall Second: Wooll Ayes: Hall, Wooll, Springer, Muller and Evans Nays: None Approved: 5-0 correction to fee don't have an Agenda Item #9, Ord. 449 Changing Street Name, West Beach Addn. Ordinance #449, changing the street name of Mockingbird to Bluebird. The property is located in the West Beach Addition, an area annexed into the city in May of this year (Tract 31-D). Motion was made and approval given to Ordinance #449, 1st. Motion: Wooll Second: Evans Ayes: Wooll, Evans, Muller, Hall and Springer Nays: None Approved: 5-0 reading. Agenda Item #10, Ord. 334-43 (ZA 88-28), Selwyn School Addn. Request for Special Exception Use permit for an addition of modular classroom to Selwyn Country Day School site was discussed. a Robert Strong, Board of Trustees for Selwyn Schools in Denton and Southlake, gave a presentation. Mr. Strong stated growth is always an issue. He gave a summary of the growth of the school, stating they are bringing quality education to Southlake. Acting City Manager, William D. LeGrand, suggested that the Planning and Zoning Commission recommended approval of the portable structure with a 2 year limit and was subject to the items in the letter from the city being met. John Doncaster, headmaster of the Selwyn School, stated that they are working on a master plan and currently own 5 acres around the school. It was stated that the school is going to try and put in a concrete parking area and driveway in the near future. City Council Minutes September 20, 1988 Page 5 Agenda Item #10, Selwyn School, Continued Public Hearing: Charles Curry - 1203 Ridgewood. He encouraged the City Council to grant the request. He feels there is a temporary need in order to grow. The Public Hearing was closed. Motion was made to approve ZA88-28, Ordinance ~334-43, 1st. reading. Motion: Wooll Second: Springer Ayes: Wooll, Springer, Hall, Muller and Evans Nays: None Approved: 5-0 A~enda Item #11, ZA88-29 Final Plat, Hwy ll4/Carroll Addn The Planning and Zoning recommendation was final plat of Hwy ll4/Carroll Ave. according Acting City Manager. The only problem percolation tests. for approval of the to William D. LeGrand, was related to the Larry Cates of Lawrence Cates and Associates was present and answered questions concerning the plat. He stated they are platting now in order to get the right-of-way in order. They have no problem with the Cheatham review letter of September 14. Motion was made to table the final plat of Hwy ll4/Carroll Addition until October 4, City Council meeting. Motion: wooll Second: Hall Ayes: Wooll, Hall, Springer, Muller and Evans Nays: None Approved (to table): 5-0 A~enda Item #12, Personnel Rules and Regulations Acting City Manager, William D. LeGrand, requested tabled. the item Motion was made and approval given to table the amendment Personnel Rules and Regulations time certain October 4, 1988. Motion: Wooll Second: Springer Ayes: Wooll, Springer, Hall, Muller and Evans Nays: None Approved (to table): 5-0 to be the City Council Minutes September 20, 1988 Page 6 Agenda Item #13, Res 88-86, Public Hearings for Annexation Resolution #88-86, which calls two public hearings and allows the annexation process to begin, was approved in a motion stating the same. Motion: Evans Second: Hall Ayes: Evans, Hall, Springer, Hall, Muller and Wooll Nays: None Approved: 5-0 Agenda Item #14, Res 88-79, Roadway from 1-35W & North End of DFW Resolution ~88-79, 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 the north end of DFW Airport was discussed. It was established that the City of Colleyville had passed the resolution. Motion was made to approve Resolution #88-79 Motion: Springer Second: Wooll Ayes: Springer, wooll and Evans Nays: Hall and Muller Approved: 3-2 as amended. A~enda Item #15, Temporary Sign Permit, Yerky Company A request from Yerky Company for a temporary sign permit discussed. Acting City Manager, William D. LeGrand, stated City Council can only deny a sign permit as per our ordinance. was the Jeff Pope with the Yerky Company stated they had a similar sign last year and that the sign is better advertisement for them than the newspaper. Mr. LeGrand informed the City Council that banners are permitted according to our sign ordinance. After discussion, motion was made to deny portable sign for Yerky Company. Motion: Muller Second: Hall Ayes: Muller, Hall, Springer, Wooll and Evans Nays: None Denied: 5-0 the request for a City Council Minutes September 20, 1988 Page 7 Agenda Item 916, Discussion, Employee/Council Communication A discussion was held in regards to communication between city employees and City Councilmembers. Councilmember Wooll stated he asked for this item to be on the agenda. He read from the City Charter, Chapter III, Section 3.05, and noted that "deal" is the operative word. City Attorney, Adrienne Leonard, replied that the City Council can establish guidelines, however, they need to keep in mind the purpose and intent of the Charter. They can go as far as they can without going out of the chain of command. Public Comments: Bill Lowe - this is a great step in the right direction. Cheryl Gielow - agrees this is a step in the right direction. Wooll is to prepare a resolution on the matter and it will be on the next meeting agenda. Agenda Item 917, Res 88-87, Amendment, Ft. Worth Water Contract Resolution #88-87 was discussed, giving the mayor the authority to execute the amendment to the Fort Worth Water Contract. The amendment includes changing the rate. Motion was made to approve Resolution #88-87. Motion: wooll Second: Springer Ayes: Wooll, Springer, Muller, Hall and Evans Nays: None Approved: 5-0 Agenda Item #18, Public Forum Jeff Paul - elected spokesman for a committee formed of concerned police officers. Mr. Paul stated the officers are concerned about the 5 positions being dropped from the budget. They have never felt they.had the support of the City Council. He addressed police cars, rifles, uniforms, and equipment for the police cars. Rick Stacy - 1000 W. Southlake Blvd. We need to form a committee to study possible Charter amendments for the May 1989, election. He stated he pointed out many important things in the budget and no one will listen to him. City Council has just approved the largest tax increase in the history of the City. He predicts a $320,000 deficit. He asked that the Chief of Police be reinstated. City Council Minutes September 20, 1988 Page 8 Lowell McGuire - passed. Aloha Payne - 1213 Whispering Ln. Does not statement about reinstating the Police Chief. Marsha Palla 1207 Cross Timber Drive. should she go to. agree with Mr. Stacy Has a complaint, who Rhonda Smith. She stated the officers on administrative leave were not told why they were off. Jeff Marler - Police Officer. He wants the facts on "due process" in case it happens to him. A recess was held at 10:25 p.m. Agenda Item #19, Executive Session, and (B) Pendin~ Litigations Mayor Westerholm announced that the City Council would go executive session under V.T.A.S. Article 6252-17, under provision dealing with litigations and personnel. Council went into Executive Session at 10:30 p.m. Council reconvened in public session at 11:35 p.m. (A) City Manager Position into the Mayor Westerholm stated, as per the agenda, City Council reviewed the candidates for the position of City Manager and discussed the pending litigation of Knuff, Higgins, & Schnabel vs City of Southlake. He announced that no action would be taken tonight on either item. Motion was made and approval given to Motion: Wooll Second: Evans Ayes: Wooll, Evans, Springer, Hall Nays: None Approved: 5-0 ATTEST: ,,~% ,~ ........ ~ ~,,,~ Sandra L. 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