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1989-07-05 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING July 5, 1989 7:30 p.m. Present: Mayor, Gary Fickes; Mayor Pro Tem, Betty Springer. Councilmembers: Rick Wilhelm, Ralph Evans and Pamela Muller Absent: Councilmember Sally Hall City Staff Present: Curtis E. Hawk, City Manager; City Engineer, Eddie Cheatham; City Attorney, E. Allen Taylor and Karen Gandy, Zoning Assistant. Invocation: Ralph Evans A work session was held beginning at 6:30 p.m. for the purpose of reviewing agenda items for tonight's meeting. Agenda Item #~. Approval of Minutes The minutes of the June 20, 1989, City approved as amended. Motion: Springer Second: Evans Ayes: Springer, Evans, Muller and Wilhelm Nays: None Approved:4-0 vote Council meeting were Agenda Item #3. Mayor's Report Mayor Fickes stated in regards to tonight's agenda, item 914 will be discussed after the executive session. Fickes reported that he and, Councilmembers Springer and Muller, attended the TML Conference in Corpis Christi the last week in June. They attended several seminars while there, and hopefully, they learned as much as he did, he added. The Mayor asked that the absence of Councilmember Sally Hall be excused, as she is on vacation. Agenda Item 94. City Manager's Report Mr. Hawk reported that last week, Federal Emergency Management Association (FEMA) people came to the city and reviewed the areas where damage had occurred as a result of the heavy rains. We expect to receive approximately $18,000. for repairs to heavily damaged bridges, roads and etc. There is a possibility that we may be eligible for funds as a result of damage to the Telemetry System. City Council Minutes July 5, 1989 page two Consent Agenda #5. Resolution No. City Manager. 89-43. Appointment of an Acting Motion was made to approve the consent agenda as Motion: Springer Second: Muller Ayes: Springer, Muller, Evans and Wilhelm Nays: None Approved:4-0 vote. shown above. Agenda Item #6. Ordinance No. 481, 2nd reading. Ordinance No. 481, 2nd reading was discussed by the city council. With no comments during the public hearing, Mayor Fickes read the caption of the ordinance as required by city charter. Motion was made to approve feet fence, and the from the ground and inches. Motion: Springer Second: Muller Ayes: Springer, Muller, Nays: None Approved:4-0 vote Ordinance No. 481, to read, a five (5) gate latch being no less than four (4) feet the pass through sphere no more than four (4) Evans and Wilhelm Agenda Item %7. Ordinance NO. 334-49, 2nd reading. Mayor Fickes read a letter from the developer, John Moore, requesting that the second reading be tabled, time certain, September 5, 1989, for Ordinance No. 334-49, zoning request. Mayor Pro Tem Springer stated she has no problem with tabling the item, however, it has been six (6) months since the initial first reading. She does not want a situation where property owners in the area within 200' feet have changed. She is suggesting the city notify the property owners again before the second reading. Motion was made to table, time certain, September 5, Motion: Muller Second: Evans Ayes: Muller, Evans, Wilhelm and Springer Nays: None Approved: 4-0 vote 1989. City Council Minutes July 5, 1989 page three Agenda Item #7 Continued Mayor Fickes stated that the record should show that the additional letter being sent to property owners will be done so as a courtesy to the property owner but not as a requirement of the city. Agenda Item #8. Ordinance No. 334-59, 2nd reading Ordinance No. 334-59, 2nd reading, was discussed. The zoning request is for a 17.876 acre tract of land out of the Heirs of Christopher Dart Survey, Abstract No. 2003, and the W.H. Martin Survey, Abstract No. 1068. Present zoning is agricultural, request is for the Single Family-1 Zoning District. The presentation was made by Karen Gandy, zoning assistant, who indicated that the proposed addition will be called Hillwood Estates. Public Hearing: Eddie Craig, 8103 Springwood, representing the owners. Carrollton, was present There were no comments during the public hearing. Mayor Fickes read the caption of the ordinance the city charter. Motion was made to approved the 2nd reading 334-59. in accordance with of Ordinance No. Motion: Evans Second: Springer Ayes: Evans, Springer, Muller, Wilhelm Nays: None Approved: 4-0 vote Agenda Item #9. Ordinance No. 334-60, 2nd reading A zoning request for a 73.188 acre tract of land Thompson Survey, Abstract No. 1563. Concept plan. out of the N.E. The presentation was made by the zoning assistant. Councilmember Muller noted that an entrance on Lonesome Dove Road would be desirable. There were no comments during the public hearing. City Council Minutes July 5, 1989 page four Agenda Item 99 Continued The caption of the ordinance was read by Mayor Fickes. Motion was made to approved Ordinance No. subject to the provision that the five (5) lots bordering Emerald Estates, on the south lots no smaller than 30,000 square feet with zoning district. The remainder of the lots be Motion: Muller Second: Evans Ayes: Muller, Evans, Springer, Wilhelm Nays: None Approved: 4-0 vote. 334-60, in 2nd reading, lots on Court D (the side of the street) be a designation of 20.0A zoned 20.0B. Agenda Item 910. Replat of Block 1, Lots 1,2, &3 Southlake Park The purpose of the replat is to replat all three lots together, making Lot 1R, Block 1. Owner of the property, Paxton Vaught was present and answered questions for the council. City Attorney, Allen Taylor, suggested that no action be taken tonight so that the owner can check with the utility company in reference to the utility easement. Motion was made to table the replat, time council meeting. Motion: Muller Second: Evans Ayes: Muller, Evans, Springer and Wilhelm. Nays: None Approved: 4-0 vote (to table) certain July 18, city A~enda Item 911. Final plat, SouthRid~e Addition, Phase 1 The final plat of Phase 1, SouthRidge Addition, was discussed. The presentation was given by Karen Gandy of the zoning department, who indicated that the first phase consists of sixty-six (66) residential lots, one (1) lot open space and approximately six (6) acres of recreation development. Bruce Smith of Arvida Communities was present to answer questions for the council. City Council Minutes July 5, 1989 page five Agenda Item #11 Continued Mr. Smith stated they asked for a varied front building line so that in driving down the street, the houses will not be in a row. It will give them the flexibility to help with street appeal. South Ridge Parkway will be a 40'building line on both sides, and they are proposing that 45 out of the 69 lots will be set at 30' building line or somewhere in between. This is due to the 100' lot widths, or somewhere in between. It was established that the City Council does not have the authority to grant 30' building lines and that alternatives are to go the Zoning Board of Adjustments for each lot or an ordinance amendment or to apply for a Planned Unit Development. Councilmember Muller stated she feels the council should be careful about granting variances to the ordinance. Motion was made to approve the final plat of SouthRidge Addition as requested by the applicant, 40' building line at this time and that the items in review letter of June 13, 1989, be complied with. Motion: Springer Second: Muller Ayes: Springer, Muller, wilhelm and Evans Nays: None Approved:4-0 vote phase 1 of retaining the the Cheatham Agenda Item #12 Ordinance No. 334-61, 1st readin~ Ordinance No. 334-61 is a request for a zoning change for a 5.681 acre tract of land out of the Hall Medlin Survey, Abstract No. 1038. Present zoning is Agricultural with a request for RE Residential Estates Addition. Owner: Terry Wilkinson. The presentation was made by Karen Gandy of the Zoning Department. Darrell Perry with Washington and Associates Engineering was present, representing Mr. wilkinson, and answered questions for the council. He stated that they wish to build one single family dwelling on the property. He also stated that they will fill the lot to create a building pad on the flood plane area. The public hearing resulted with no comments. City Council Minutes July 5, 1989 page six Agenda Item #12 Continued Mayor Fickes read the caption of the ordinance as required by the city charter. Motion was made to approved Ordinance No. 334-61, Motion: Springer Second: Wilhelm Ayes: Springer, wilhelm, Muller and Evans Nays: None Approved:4-0 vote 1st reading. Agenda Item #13. Resolution 89-44, Flying Burrito Restaurant Resolution 89-44 was discussed when Mrs. Jayne Benavides requested an extension of three (3) months on her permit which is to expire on July 19, 1989. Resolution 88-65, allowed her to operate the restaurant for one (1) year. She stated she had plans to move the restaurant to Keller, however, at this time, they may move out of the state. Motion was made to approve Resolution 89-44, operation of the Flying Burrito Restaurant for extension. The resolution will expire on October Motion: Wilhelm Second: Muller Ayes: Wilhelm, Muller Nays: Springer, Evans which will allow the a three (3) month 19, 1989. Due to the fact that a tie vote existed, Mayor Fickes cast the vote to break the tie, by voting in favor of the motion. Approved: 3-2 vote Agenda Item #15. Public Forum Mary Knuff- 1381 Lake View Drive She read a statement from the Swift Group in regards to Suit. A copy of the statement is attached to the minutes. the Lemke Robert Downard- Randol Mill Road He resents the personal attack on the Board of Adjustments members as a result of the meeting where the Swift Group was on the agenda. He stated Cross Timber Hills folks are residents of the city, but Mr. Lemke is also a resident of the city. Council adjourned to recess at 9:12 p.m. City Council Minutes July 5, 1989 page seven Agenda Item ~16. Executive Session An executive session was held pursuant to the Open Meetings Law, Article 6252-17, Section 2(e), 2(g), 2(j), under the provision dealing with Litigations and Personnel. (Refer to posted list of litigations and personnel). Mayor Fickes stated the reason for the executive session is for Council to discuss pending or contemplated litigations and personnel matters, including Boards and Commissions. Council convened into executive session at 9:18 p.m. Council reconvened in Open Session at 10:25 p.m. A~enda Item #17, #18. Any Action Mayor Fickes stated that as a result of the executive session, no action is necessary on agenda item #17 or #18. Agenda Item 14. New Proposed Zoning Ordinance No. 480 A discussion was held in regards to the new proposed zoning ordinance by the City Council members present. A listing of corrections is attached to the minutes. Agenda Item #19. Adjournment Motion was made to adjourn the meeting. Motion: Evans Second: Muller Ayes: Evans, Muller, Wilhelm and Springer Nays: None Approved: 4-0 vote a · ... AT~EST. / ,, ~ .' .... ... .~ ,,,% ...' ..,, ~, I ZlI~U~.~.4~ I ~ /v'/ ~J/'b6~--f=~ Z ..- ~'. ~/ : ~ ~ 8andra ~. LeGrand ?-:. ":'....' "s City Secretary %%~ t/~ j g .. ....... .,' CITY COUNCIL DISCUSSION: July; 5, 1989 ZONING ORDINANCE NO. 480-Draft 91 dated May 18, 1989 Page 23-4 Page 25-3 Page 24-2 Page 24-3 Page 24-1 (c) (d) add: if the land abuts residential, the set back is a 25 feet minirman or equal to the height of the building, which ever is greater. (k) add: Add this to all "C" Districts, word for word, in O-1, 0-2, C-l, C-2. "Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be totally encircledor screened by fence, planting or other suitable visual barrier." (19) Not to include "outdoor" ( City Attorney will change the wording on this paragraph). Section 24.5 (a) change "or" to "nor" Section 24.2 (3) c~it this sentence.