1990-04-03 CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MEETING
April 3, 1990 7:30 p.m.
COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Betty
Springer. Members: Pamela Muller, Ralph Evans, Rick Wilhelm, and,
Sally Hall.
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Michael Barnes,
Director of Public Works; Karen Gandy, Zoning Administrator; Robert
P. Steele, Fire Chief; Billy Campbell, Police Chief; Eddie
Cheatham, City Engineer; Wayne Olson and Betsy Elam, City
Attorneys; and, Sandra L. LeGrand, City Secretary.
INVOCATION: Councilmember Ralph Evans.
A work session was held beginning at 6:30 p.m. for the purpose of
discussing the items on the agenda for tonight's meeting.
The Regular City Council meeting was called to order by Mayor Gary
Fickes at 7:30 p.m.
Agenda Item #2, Approval of the Minutes
The Minutes of the March 27, 1990, City
approved as modified.
Motion: Springer
Second: Muller
Ayes: Springer, Muller, Evans, Wilhelm, Hall
Nays: None
Approved: 5-0 vote.
Council meeting were
Agenda Item #3, Mayor's Report
Mayor Fickes noted that this morning, Curtis Hawk, Mike Barnes,
Barry Emerson and himself attended a meeting at the State
Department of Highways in regards to the FM 1709 Project. He added
that if the right-of-way acquisition can be quickly obtained, the
actual construction can start before the March 1992 date which is
about six month ahead of the schedule.
Fickes also noted that he had met with Mayor Bill Tate of Grapevine
in regards to the possibility of Southlake using the Grapevine
sewer system for the building in front of Skaggs, which is in
Southlake. Tate was to talk to his Council during tonight's meeting.
City Council Minutes
April 3, 1990
page two
Agenda Item #3 Continued
Councilmember Wilhelm announced that the Southlake Economic
Development Council will met on Wednesday morning at 8:30 a.m. at
city hall. They will review the revised Economic profile. Sonny
Rhodes with TU Electric will met with them concerning a program
they are offering on industrial development. Wilhelm stated he
has also learned some of the things that TU Electric can offer the
city, such as marketing property.
Agenda Item #4, City Manager's Report
No comments were received during the City Manager's Report.
Agenda Item #5, Public Forum
No comments were received during the Public Forum.
Agenda Item #6, Public Hearing/Land Use Assumptions
Mayor Fickes stated the official purpose of the hearing is to
receive public comment on the land use and planning assumptions
that will underlie the water and wastewater capital improvements
plan for fee development and subsequent impact fee calculation.
Barry Emerson, chairperson of the committee, explained the general
charge of the committee is to review and recommend planning and
engineering bases for water and wastewater capital recovery fees
and act as advisory body to City Council on the capital recovery
fees. Senate Bill 336 sets the standards for this committee.
Emerson introduced the members of the committee, including: Joe
Wright, Kurt Miller, Ernest Johnson, Paul McCallum, Bob Hopkins,
Stephen Apple and Bruce McCombs, alternate member.
Mickey Fishbeck, Rimrock Consulting Company was present and gave
an overview stating that the City of Southlake intends to charge
"Capital Recovery Fees" to new water and wastewater customers and
to existing customers which require expanded service. Under
current State Law, these fees are classified as "Impact Fees" and
as such are subject to the requirements of Senate Bill 336 of the
70th Texas Legislature. Under SB336, Southlake must come into
compliance with certain technical and procedural requirements to
continue to assess these fees.
Mike Monroe, Cheatham and Associates, added that
requirements is that Southlake establish "land use
be used in the development of these fees.
apart of those
assumptions" to
City Council Minutes
April 3, 1990
page three
Agenda Item # 6 Continued
Monroe added that the proposed service areas are contiguous with
the city boundaries of the City of Southlake. The SB336 requires
that Southlake project changes in population, land uses, densities,
and intensities of development within the conceptual service area
within the next ten years and at full buildout. The projected
growth rate for the next several years is 7%. Council of
Governments (COG) uses forecast showing the annual growth rate at
1.6% for the 9 County Region. The Northeast portion of Tarrant
County is the fastest growing region adding 30,000 new jobs over
the next ten years. Southlake is projected to double over the next
10 years being 12,000 population.
Ms. Fishbeck informed the Council that they have 30 days to take
action, following the hearing.
The public hearing resulted with no comments from the audience.
Motion was made to approve or adopt the land use assumptions for
the purpose of developing impact fees for the Southlake water and
wastewater utilities, in accordance with SB336 of the 70th
legislation. Also, adopting the service area as described tonight.
Motion: Wilhelm
Second: Springer
Ayes: Wilhelm, Springer, Hall, Evans, Muller
Nays: None
Approved: 5-0 vote.
Agenda Item #7, Ordinance No. 504, 1st reading. TRA Big Bear
Wastewater Interceptor Extension Installment Sale Amendatory
Contract.
Creek
City Manager, Curtis E. Hawk, stated that in December, the city
entered into an agreement with the Trinity River Authority (TRA) to
finance, construct, and manager the installation of the S-6
sanitary sewer interceptor line. Since the adoption of the
ordinance that approve the agreement, it has become apparent to
them and to the Trinity River Authority, that because of their
timetable and the fact that they only meet every other month, if we
want to have the line completed by October, we need to make some
changes.
Hawk added, that before Council there is a contract that states the
City of Southlake would be the entity instead of TRA to finance,
construct and manage the installation of the S-6 line, otherwise,
we will not meet the October date.
City Council Minutes
April 3, 1990
page four
Agenda Item ~7 Continued
City Attorney, Wayne Olson stated he has no problems with the
principle of the agreement. Liability is always a possibility,
however, the city is looking at the same liability either way. He
has no problem with the agreement as it is written.
Motion was made to approve Ordinance No. 504, 1st reading,
authorizing and directing the execution of the Trinity River
Authority of Texas, City of Southlake, Big Bear Creek Wastewater
interceptor extension installment sale amendatory contract.
Motion: Wilhelm
Second: Hall
Mayor Fickes read the caption of the ordinance.
Ayes: Wilhelm, Hall,
Nays: None
Approved: 5-0 vote
Evans, Springer, Muller
Agenda Item #8. Ordinance No. 503, 1st reading Street Lighting
Director of Public Works, Mike Barnes, reviewed the changes made to
Ordinance No. 503, as suggested during the last City Council
meeting. He presented a revised ordinance which had the changes
underlined, the information is hereby incorporated into the minutes
of this meeting.
Motion was made to approve the 1st reading of Ordinance No.
Motion: Wilhelm
Second: Springer
503.
Mayor Fickes read the caption of the ordinance
Ayes: Wilhelm, Springer, Hall, Evans, Muller
Nays: None
Approved: 5-0 vote.
~enda Item #9, Ordinance No. 480-15, 1st reading.
Mayor Fickes announced that he has been given a letter
Golba, requesting that the
tabled, time certain, May 1,
from Mr. Ken
1st reading on Ordinance No. 480-15, be
1990, City Council meeting.
City Council Minutes
April '3, 1990
page five
Agenda Item #9 Continued
Motion was made to table 1st reading of Ordinance No. 480-15, and
continue the public hearing on May 1, 1990, at the request of the
applicant.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Springer, Wilhelm, Hall
Nays: None
Approved: 5-0 vote (to table)
Agenda Item #10, Ordinance No. 480-16, 1st reading. Zoning for
Brewer
The zoning request for a 8.234 acre tract of land out of the J.J.
Freshour Survey, Abstract No. 521, being the northern portion of
Tract 3J, was considered. The current zoning on the property is
Agricultural, request is for the Single Family-lB Zoning District.
Karen Gandy, Zoning Administrator noted that thirteen letters were
sent to property owners within 200' and she received one reply.
She located the property on the map for the Council and the
Audience.
Mr. C.J. Brewer was present to answer questions for the Council.
Motion was made to approve at the
480-16, amending the request to SF-1B.
Motion: Wilhelm
Second: Muller
1st reading of Ordinance No.
Mayor Gary Fickes read the caption of the ordinance.
Ayes: Wilhelm, Muller, Evans,
Nays: None
Approved: 5-0 vote.
Springer, Hall
Agenda Item #11, Pre Plat of Brewer Addition.
A presentation was made by the Zoning Administrator, in regards to
the preliminary plat of the Brewer Addition. She added that Mr.
Brewer proposed four lots with the temporary turn around easement
adjacent to the 5 acre tract which is #4 water tower site,owned by
the city. March 29, the Planning and Zoning Commission approved
the plat with the Cheatham review letter of March 14, 1990. There
were 13 letters sent to property owners within 200', with one reply
and no opposition.
City Council Minutes
April 3, 1990
page six
A~enda Item #11 Continued
The City Manager, Curtis E. Hawk, noted from the Subdivision
Control Ordinance No. 483, which state that the conditions of the
plat can be waived. In lieu of the Park land dedication which the
developer is required to do, he can dedicate something of value to
the city. Hawk stated, all Brewer really wanted to do was to
plat enough land, sufficient to give him a dedicated road in front
of Lot 2,. The city asked him to plat the whole piece of
property. By plating the whole property and the road up to the
water tower site, would give the city something we would not get
unless he did so. When the city asked Brewer to plat it, leaving
Lot 2 in one big lot, so that who ever buys it will have to do some
things before they can build on the lot. The Ordinance requires a
40' set back and the only place that does not comply is the house
on Lot 2, and it is 35'.
The City Attorney stated that the ordinance requires a 40' set back
on all lots. Therefore, Lot 2 will be non conforming at this time,
with a 5' encrochment. Wilhelm noted that if a lender does raise
the issue, Lot 2 will need to go before the Board of Adjustment for
a variance.
City Engineer, Eddie Cheatham noted that they have received the
drainage study and Brewer will be dedicating the drainage easement
to the city, which will appear on the final plat.
Motion was made to approve the of Brewer Addition,
subject to the engineers letter of March 28, and waiving the park
fee for Lot 2, due to the unique circumstances and undue hardship
that it would cause in this situation.
Motion: Springer
Second: Evans
Ayes: Springer, Evans, Muller, Wilhelm,
Nays: None
Approved: 5-0 vote
preliminary plat
Hall
Council recessed at 9:10 p.m.
Council returned at 9:30 p.m.
called the meeting to order.
and Mayor Pro Tem
Agenda Item #12, Ordinance No. 480-17, 1st reading.
and Concept Plat for SouthView Joint Venture
Zoning chan~e
The Zoning Administrator, Karen Gandy, made a presentation on the
first reading of Ordinance No. 480-17, a zoning change request and
concept plan for a 32.706 acre tract of land out of the W.W. Hall
Survey, Abstract No. 695, being the western portion of Tracts 5 and
5A. Current zoning is Single Family-lA Residential, request is for
the SF-20.0A.
City Council Minutes
April 3, 1990
page seven
Agenda Item #12 Continued
Scott Dyer, Levitt Engineers, was present for the meeting,
representing Dixtor International. He stated they were approached
in regards to bringing the sewer to this area, to serve the Carroll
Oaks Center and City Hall. They are coming back for SF2-0A zoning,
in order to make this more cost effective.
Council members expressed concern about the street names being so
like others in the City.
Tom Matthews, Jr., developer, agreed to look at the street names
again. The subdivision entry marker was discussed, as was the fact
that the sewer will pick up at the S-6 line.
The public hearing resulted with no comments.
Motion was made
Motion: Muller
Second: Evans
to approve the 1st reading of Ordinance No.
480-17.
Mayor Fickes read the caption of the ordinance.
Ayes: Muller, Evans,
Nays: None
Approved: 5-0 vote.
Springer, Wilhelm, Hall
Agenda Item #13, Revised Preliminary Plat of SouthView Addition
Karen Gandy made a presentation on the 32.706 acre tract of land
out of the W.W. Hall Survey, Abstract No. 695, being the western
portion of Tracts 5 and 5A. City Engineer, Eddie Cheatham stated
that the plat does meet the curvilinear requirements.
Mayor Fickes left the meeting at this time,
therefore, Mayor Pro Tem Springer chaired the
meeting.
Motion was made to approve the revised preliminary plat of
SouthView Addition, subject to the Cheatham review letter dated
March 28, 1990.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Springer, Wilhelm, Hall
Nays: None
Approved: 5-0 vote
City Council Minutes
April 3, 1990
page eight
Agenda Item 914, Final Plat of SouthView Estates, Phase I
The final plat of SouthView Estates, Phase I, a 33.04 acre tract of
land out of the W.W. Hall Survey, Abstract No. 695, being the
western portion of Tract 5 and 5A was discussed. The Zoning
Administrator noted that the developer proposes 52 lots in this
phase and on March 29, the Planning and Zoning Commission
recommended approval of the final plat, subject to the Cheatham
review letter being addressed.
Scott Dyer, Levitt Engineers, stated they have no problem providing
easements between Lots 14 and 15, Block 1.
Councilmember Wilhelm asked the developer if they are aware of the
park land dedication policy which is apart of the subdivision
ordinance.
Mr. Matthews stated, by this final plat,
benefits, however, the city will also be
development.
they are getting a lot of
getting benefits from this
Motion was made to approve the final plat of
Phase I.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Springer, Wilhelm, Hall
Nays: None
Approved: 5-0 vote.
SouthView
Estates,
Agenda Item #15, Ordinance No. 480-18, 1st reading. Bass Dev. Co.
Zoning change request and Concept plan for a 19.995 acre tract of
land out of the Littleberry G. Hall Survey, Abstract No. 686, Tract
3F and 3G, was asked to be tabled, time certain, April 17, 1990,
based on the fact that the Planning and Zoning Commission have not
considered the case at this time.
Motion was made to table Ordinance No. 480-18, 1st reading,
certain, April 17, 1990, and to continue the public hearing.
Motion: Muller
Second: Evans
Ayes: Muller, Evans, Springer, Wilhelm, Hall
Nays: None
Approved: 5-0 vote (to table)
time
City Council Minutes
April 3, 1990
page nine
Mayor Fickes returned to Council table
Agenda Item 916, Final plat of Southlake Hills, Phase I
The final plat of Southlake Hills, Phase I, was considered. Mrs.
Gandy, Zoning Administrator, stating the plat consists of 20.977
acre tract of land out of the James Thornhill Survey, Abstract No.
1505. The property is located on the north side of West
Continental Blvd., east of Chimney Hill and North of Continental
Park Estates.
Scott Dyer, Levitt Engineers, stated they hope to be ready for
building permits by August or September of this year. They propose
34 homes in this phase.
Mayor Pro Tem Springer stated that drainage is a big concern for
her, however, the March 28, Cheatham review letter addresses a lot
of her concerns.
Motion was made to approve the final plat of Phase I, Southlake
Hills, contingent upon the March 28, Cheatham review letter.
Motion: Springer
Second: Muller
Ayes: Springer, Muller, Hall, Wilhelm, Evans
Nays: None
Approved: 5-0 vote.
Agenda Item ~17, Final plat of Southlake Hills, Phase II
The final plat of Southlake Hills Addition, Phase II, was presented
and discussed by Council.
Motion was made to approve the final plat of
Hills Addition.
Motion: Springer
Second: Muller
Ayes: Springer, Muller, Hall, Evans, Wilhelm
Nays: None
Approved: 5-0 vote.
Phase II, Southlake
Agenda Item 918, Discussion: Agreement for Joint Use of Equipment
THe proposed agreement between the City of Southlake and the City
Of Keller for joint use of city equipment was discussed. The
discussion was led by Director of Public Works, Mike Barnes, who
stated he has been in contact with the City of Keller for some time
in regards to the joint use of the public works equipment. He
feels that both cities may benefit from this arrangement if it
could be worked out.
City Council Minutes
April 3, 1990
page ten
Agenda Item #18 Continued
After discussion, Councilmembers asked Barnes to look into this
further and report back to them.
Agenda Item #19, Executive Session
Mayor Fickes announced that the 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 went into Executive Session at 10:30 p.m.
Council returned to Open Session at 11:00 p.m.
Agenda Item #20, Action Necessary, Pending Litigation
No action was necessary as the result of the executive session in
regards to pending or contemplated litigations.
Agenda Item #21, Resolution 90-22, establishing a committee to
review "Court of Record"
As the result of the executive session,
approved, naming Karen Apple as the fourth
appointed to determine the advantages
Southlake going "Court of Record".
Motion: Springer
Second: Muller
Ayes: Springer, Muller, Hall, Wilhelm, Evans
Nays: None
Approved: 5-0 vote
Resolution 90-22, was
member of the co~amittee
and disadvantages of
Agenda Item # 22, Action necessary in regards to Personnel
No action was necessary as the result of the Executive Session in
regards to personnel and boards and committees.
Agenda Item #23 Adjournment
Motion was made to adjourn the meeting.
Motion: Hall
Second: Evans
Ayes: Hall, Evans, Springer, Wilhelm, Muller
Nays: None
Approved: 5-0 vote ~m..,,,,, //
/I
' 7
~andra L. LeGrand,
City of Southlake, Texas
received M
E M O R A N D U M ? �1/!
March 29, 1990
r
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Public Works Director
SUBJECT: Street Light Ordinance #503
Attached is the revised Street Light Ordinance as corrected et
at the March 27, Council meeting. The changes made are
underlined in the ordinance and are as follows:
1. Section II (A) - street lighting will be mandatory a `
in subdivisions.
2. Section II (B) - Aerial wiring will only be ft
allowed as approved by the Director of Public
Works. The minimum height of a street light will
be 20 feet. r
3. Section III - the street lighting along state
frontage /service roads and boulevards will have to
be approved by the City instead of the Director
of Public Works.
4. Section IV (B) - street layout design must be w�
approved by the City instead of the Director of
Public Works.
ft
5. Section V (C) - the verbiage in this section was
rewritten for better'clarity. ,.
6. Section VI (A)2 - The developer will pay for the
operation of street lights for one (1) year
instead of two (2) years. The last sentence in .�
this section was rewritten for better clarity. e�
7. Section VI (B)1 - the verbiage in this section was *■
rewritten for better clarity. e ,,
8. Section VI (B)1(b) - was changed to read that if
the majority of the property owners within 200
feet of the light did not want the light it would
not be installed.
Please place this on the April 3rd agenda for Council
consideration on 1st reading.
If you have any questions, please let me know. a
M
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