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
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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.