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1989-10-03 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING October 3, 1989 7:30 P.M. COUNCILMEMBERS PRESENT: Mayor Gary Fickes; Mayor Pro Tem Betty Springer. Members: Sally Hall, Rick wilhelm, Pamela Muller and Ralph Evans. CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Mike Barnes, Director of Public Works; Billy Campbell, Police Chief; R.P. Steele, Fire Chief; Karen Gandy, Zoning Administrator; Eddie Cheatham and Greg Last, City Engineers; E. Allen Taylor, City Attorney; and, Sandra L. LeGrand, City Secretary. INVOCATION: Councilmember Ralph Evans. A work session was held beginning at 6:30 p.m. in order for City Council to discuss the items on tonight's agenda. The meeting was called to order by Mayor Pro Tem Betty Springer, as Mayor Fickes will be arriving at a later time for the meeting. A~enda Item #2. Approval of Minutes The minutes of the September 19, 1989 City Council approved as discussed in the work session. Motion: Hall Second: Evans Ayes: Hall, Evans, Muller, Wilhelm, Springer Nays: None Approved: 5-0 vote meeting were Agenda Item ~3 Mayor's Report Mayor Pro Tem Springer announced that agenda item #6 will be removed from the consent agenda. Springer invited council and audience alike to attend the Southlake Economic Development Council meeting to be held on October 4, beginning at 8:30 a.m., in the council chambers of city hall. Dr. Bernard L. Weinstein, Director of the Center for Economic Development and Research at the University of North Texas, will be speaking on the subject of tax abatements. On October 6, 1989, a Southlake Fire and EMS team will be participating in Care Fair 1989, at Northeast Mall. Councilmembers Muller and Hall will represent the city council. City Council Minutes October 3, 1989 page two A~enda Item 93 Continued October 6, will be "Denton County Day", held in Denton at the University of North Texas Coliseum. If anyone is interested in dropping by, it will be an" expo" of what is going on in and around Denton. October 25, Metroport Board of Governors will be meeting in Grapevine and on October 28, Southlake will be sponsoring a "Wrangler Barbecue" at the Skaggs Alpha Beta in Grapevine. A~enda Item %4. City Manager's Report Curtis Hawk, City Manager stated that he and the Director of Public Works, Mike Barnes, attended a meeting with Trinity River Authority (TRA), and will have some information to report by the next city council meeting. A~enda Item %5 Consent A~enda 5. Consider: Resolution No. 89-54, authorizing the Mayor to enter into an agreement for Mutual Aid for Fire Service with Tarrant County. Motion was made to approve Resolution 89-54 as written. Motion: Hall Second: Muller Ayes: Hall, Muller, wilhelm, Evans and Springer Nays: None Approved: 5-0 vote. A~enda Item %6 Resolution 89-55, Continuin~ Education for EMS Motion was made to table Resolution 89-55, time certain October 1989, in order for corrections to be made to the contract. Motion: wilhelm Second: Evans Ayes: Wilhelm, Evans, Muller, Hall and Springer Nays: None Approved: 5-0 vote 17, A~enda Item %7 Public Forum No comments were made during the public forum. City Council Minutes October 3, 1989 page three Agenda Item #8. Ordinance No. 334-69, 2nd readin~ Zoning request for a 3.85 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521. Current zoning is Agricultural, request is for the Single Family-1 Zoning District. Owners are Jim and Cathy Brewerton. A presentation was made by Karen Gandy, Zoning Administrator, who noted that six letters were sent to property owners within 200'. The Planning and Zoning Commission approved the zoning on September 7, by a vote of 6-0 and the City Council approved the first reading on the ordinance on September 19, 1989. The public hearing resulted with no comments from the audience. Motion was made to approve Ordinance No. 334-69, 2nd reading. Motion: Wilhelm Second: Muller Ayes: Wilhelm, Muller, Hall, Evans and Springer Nays: None Mayor Pro Tem Springer read the caption of the ordinance. Approved: 5-0 vote Agenda Item #9. Ordinance No. 480-01, 1st reading The zoning request for a 826.386 acre tract of land out of the O.W. Knight Survey, Abstract No. 899, H. Medlin Survey, Abstract No. 1037 and 1038, Hollingsworth & Barrett Survey, Abstract NO. 798, John Gibson Survey, Abstract No. 591, is currently zoned Agricultural and Single Family with a request for Planned Unit Development (PUD). The presentation was made by the zoning administrator who stated that eighty-nine (89) letters were sent to property owners within 200' of the property in question. She stated that Phase I, will consist of seventy-five (75) to one hundred (100) acres with one-hundred twenty (120) to one hundred fifty (150) homes being planned. The total project will be completed in from ten (10) to twenty (20) years, depending on the market, with a start time of from one (1) to three (3) years. Larry Midtbo, representing Mobil Land Acquisitions, was present to answer questions for the commission. He explained that Bear Creek Communities is a subsidiary of Mobil. He has worked on the plan in Southlake for about one (1) year now. Midtbo presented the slide presentation for the Council and the audience, assisted by Dennis Jerke, Dannenbaum Engineering. City Council Minutes October 3, 1989 page five Agenda Item #9 Continued Councilmember Wilhelm talked to the developer, as he is concerned about lot sizes also. With the PUD, the city can have alot of good out of this. He would like to see this be PUD of 20,000 square foot lots. Mayor Pro Tem Springer stated she has seen Mobil over all is very impressed with the developments. everything, but over all she likes what she sees. Developments and She may not like wilhelm is very concerned about PUD developers having the zoning to get around the lot sizes as in our ordinances. PUD developers will be looked at very hard, he feels. Mayor Fickes stated PUD is performance zoning. It is density and quality and a uniqueness of plan. Councilmember Hall stated she prefers PUD if landscaping, topography and etc. are handled right, there should be no problems. Motion was made to approve Ordinance No. 480-01, 1st reading, contingent upon items in the September 20, 1989, Cheatham review letter being complied with and that construction will commence before three (3) years from the date of approval of the final plat. Motion: Springer Second: Wilhelm Ayes: Springer, Wilhelm, Hall, Evans, Muller Nays: None Mayor Fickes read the caption of the ordinance. Mr. Wilhelm added 581, be added to reading. to the motion, that H. Granberry, Abstract No. the caption of the ordinance, before the 2nd Approved: 5-0 vote. Council adjourned for recess at 9:10 p.m. Council reconvened to session at 9:20 p.m. Agenda Item #15 Executive Session Mayor Fickes announced that City Council would be going into executive session pursuant to V.T.A.S. Article 6252-17 Section 2 (e), 2 (f), and 2 (g). Refer to posted list of litigations. Council adjourned to executive session at 9:20 p.m. City Council Minutes October 3, 1989 page four Agenda Item #9 Continued Mayor Gary Fickes arrived at 8:05 p.m. william L. Elkjer with Mobil Land Corporation was also present for the meeting, answering questions for the City Council. He stated as a theme for the project, their choice is, "sophisticated rural development", however, the issue is not settled as of this time. Councilmember Wilhelm stated he would like to set a tone tonight on this case and possibly future Planned Unit Developments in the event Council passes this request. He wants to go over the unique characteristics as to why they selected a PUD instead of R-20. He asked them to think of items that hit them about the site, other than the sixteen (16) or so that were discussed in the presentation tonight. Mr. Elkjer stated when they look for land, they look for a property that will be hard to work with, as it makes one think, and come up with something unique. Mobil develops communities, they do not develop subdivisions. This is a wonderful piece of land, not to ruin. If this is going to be developed, a PUD is the best way to go. Wilhelm asked if they are going to require landscaping. Elkjer stated they landscape the roadway, common areas and the builder purchases lots and that landscaping is up to the builder. Wilhelm questioned the "Clusters", and was informed that they can be zero lot lines. Councilmember Hall has done some very extensive research this year on Landscaping. She noted that water is a shortage in Texas and she also suggested that a wide variety of trees be planted so that they will never have the entire city or community totaled by a tree disease. Mr Elkjer stated that all their projects have underground utilities. Public Hearing Jim wooll- 1400 Emerald, Southlake He stated he is opposed to this development for many reasons. For density, he feels this is a corruption for what the PUD district was put in the ordinance for. The PUD was for flood plane, water ways, and not for postage stamp size lots. If there are no fences, how are their swimming pools. A development this size has a major effect on the neighbors. His idea of preserving green space is larger lots. This is a community to itself-- it is an isolated community. Public hearing closed. City Council Minutes October 3, 1989 page six A~enda Item 916 Any Action Necessary Councilmember Wilhelm stated it is his understanding that they have reached a potential settlement agreement with the plaintiffs in the Swift et al, Lemke v. City of Southlake lawsuit. He moved to authorize the city to expend the sum of $30,000 to settle the litigation and all liabilities related to the plaintiff in the Lemke lawsuit and authorize the city to execute the settlement agreement that is reached by the parties. Motion: Wilhelm Second: Evans Ayes: wilhelm, Evans, Muller, Hall Nays: Springer Approved: 4-1 vote Mayor Pro Tem Springer stated she voted against the item, not because she does not sympathize with the property owners in question, but because she does not feel that the City did anything that warrants this type of settlement and it is almost an admission that council did do something wrong. City Attorney, E. Allen Taylor commented that this action will totally terminate the litigation and appeal related to the four original plaintiff families in the Lemke dispute. A~enda Item #17. Resolution 89-53 Appt. to Parks to approve Resolution 89-53, Motion was made appointing Janet Murphy to the Park and Recreation Board, filling the unexpired term of Larry Goldstein. Motion: Muller Second: Hall Ayes: Muller, Hall, Springer, Wilhelm and Evans Nays: None Approved: 5-0 vote Councilmember Sally Hall left the meeting at 9:50 p.m. Agenda Item #10. ZA 89-46. Final Plat of Whitener Addition The final plat of Whitener Addition, Block 1, Lot 2, was by the City Council. Owner of the property is Hinds Enterprises, Inc. considered and Stone A presentation was made by Karen Gandy, Zoning Administrator. Motion was made to approve the final plat of whitener Addition, ZA 89-46. Motion: Muller Second: Springer Ayes: Muller, Springer, Wilhelm and Evans Nays: None Approved: 4-0 vote (Hall had left the meeting) City Council Minutes October 3, 1989 page seven Agenda Item #11 Technical Review Committee Recommendation Barry Emerson, representative of the Technical Review Committee, was present for the meeting and stated the committee was formed in June 1989, for the purpose of reviewing the water and sewer and perimeter road policies of the city and to make a recommendation to the City Council on the results of their findings. The committee determined that they wanted the city to encourage developments within the City of Southlake. They feel the recommendations that are being made are fair to all the existing citizens of the City as well as the new citizens that will be moving here. A copy of the information presented by the committee is incorporated into the minutes of this meeting. Curtis Hawk stated he has thoroughly enjoyed working with the committee and appreciates the work which they have accomplished. Agenda Item 913 Ordinance No. 483, Subdivision Control A discussion was led by Greg Last, City Engineer, on subdivision control ordinance. The ordinance is to the October 17, City Council meeting for consideration. the proposed be placed on Agenda Item 912 Ordinance No. 482, Drainage A discussion was led by Eddie Cheatham and Greg Last, City Engineers, in regards to the proposed drainage ordinance which has been recommended by the Planning and Zoning Commission. The ordinance is to be placed on the October 17, City Council meeting for consideration. Agenda Item 914 Discussion: Variance provision to Swimming Pool Ord A brief discussion was held in regards to consideration for a variance provision and other amendments to Ordinance No. 481, swimming pool ordinance and to the construction codes. City Council Minutes October 3, 1989 page eight Agenda Item #18. Adjournment Motion was made and approval given to the meeting. Motion: Muller Second: Evans Ayes: Muller, Evans, Hall, Wilhelm, Springer Nays: None Approved: 5-0 vote adjournment of this Mayor Fickes announced that he and the Mayor Pro Tem would be traveling to Atlanta, Georgia, on October 12 and 13, in order to view several Arvida Projects.