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1974-02-05 Regular CC MeetingCITY OF SOUTHLAKE, TEXAS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 1974 "0 AGENDA .n 1. ZA-73-11: Public Hearing on request for change in zoning to H District by Miles Pierce. 3 2. Max Thomas regarding package treatment plant proposal. 3. Claude Jones requesting relief from Junked Car Ordinance. 4. Don Ault requesting sewer tie-in with City of Grapevine. 3 5. R. W. Doan of General Telephone regarding rate increase. 6. Ordinance No. 123-B, amending Ordinance No. 123 approving rate increase requested by Tri-County Electric Co-operative. Recommendations from Planning & Zoning Commission: A. ZA-73~42: Approval of request by Joe Wolf for Alcoholic Use District. B. Resolution finding compatible land use between Delaney- Sanders & Associates proposal and City's proposed Future Land Use Plan. 8. Mrs. Rufus Welch requesting de-annexation of her property. 9. City Administration: A. Resolution No. 74-4: Withdrawal from Anti-Trust Suite filed by Attorney General John Hill. B. Resolution No. 74-5: Disposal of 1972 Ford sedan. C. Resolution No. 74-6: Payment to Payton-Wright Ford for two 1974 patrol cars. D. Resolution No. 74-7: Payment to Colleyville Fence Co. E. Approval of Payment of Bills. F. Announcements of Civic Activities. G. 1st Quarter Cash Flow Statements. I hereby certify that this Agenda was posted on the bulletin board in City Hall at 667 N. Carroll Avenue in Southlake on Friday, February 1, 1974, at 3:50 P.M. o'clock. I liceanne Wallace,City Secretary 12 • CITY OF SOUTHLAKE, TEXAS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 1974 The City Council of the City of Southlake, Texas, met in regular session in the Council Chamber of City Hall at 667 North Carroll Avenue in Southlake on Tuesday, February 5, 1974, with the follow- ing members present: Wade Booker, Mayor Billy Joe Knox, Mayor Pro Tem R. D. Drummond, Councilman Frank Tetrault, Councilman Sam Davis, Councilman Absent: W. 0. Nunn,Councilman Also present: William D. Campbell, City Attorney. Mayor Booker called the meeting to order at 7:30 P.M. The invo- cation was given by Councilman Knox. The Minutes of the last regular meeting were approved as read. ZA-73-11: The Mayor asked those in the audience who wished to la speak to please address the Council from the podium and to state their name for the record. Mr. Max Thomas, representing the owner of the property, explained the reason for requesting a change in zoning from L District (Light Commerdial) to H District (Heavy Commercial) was accomodate locating a Dairy Queen drive-in. The Mayor then invited anyone in the audience to state their views for or against this request. Discussion on screen type fencing arose. Mary Lou Dunn stated she is the owner of the land adjoining the property on the north and it was her understanding the entrance and exit would be from SH 114 for the public. Mr. Thomas advised there would be an easement for service trucks to Shady Lane. Discussion followed regarding an easement allegedly held by the Dunns. Mr. Gene Ratcliff asked the Council for a clarification of the allowed uses in such zoning. Following more discussion, Councilman Davis moved that Ordinance No. 161-55, changing the zoning on the 3/4 acre of land described therein from L District to H District be passed and approved; seconded by Councilman Knox. Councilman Davis then moved to amend his motion to include the statement that a six foot masonry fence be built. The amend- ment to the motion was seconded by Councilman Knox. Mr. Thomas stated for the record that he would build a solid masonry fence according to the City's building code. The vote was as follows: Councilmen Davis and Knox "For"; Councilmen Tetrault and Drummond 13 7 "Against". Mayor Booker broke the tie, voting "For". Motion carried. (Ordinance No. 161-55 attached hereto and made a part hereof.) Item #6 of the Agenda was next considered. Ordinance No. 123-B, amending Ordinance No. 123 increasing the rates charged by Tri- County Electric Co-operative, Inc., eight per cent (8%) and in- creasing the street use tax paid to the City one per cent UU, was passed and approved on motion by Councilman Knox; seconded by Councilman Davis. Motion passed unanimously. (Said ordinance attached hereto and made a part hereof.) Mr. Bob Willis of Tri- County introduced Wayne Bobbit who will be taking his place upon retirement. Mr. Max Thomas again addressed the Council, this time regarding a proposed installation of a package treatment plant for sewage disposal in the area where their property is located, SH 114 and Shady Lane. He stated they would like to work with anyone in the area interested in tying onto the system. Mayor Booker requested Councilman Tetrault to contact people in that area to see if they are interested and report his findings. Citizen Claude Jones asked the Council if he were in violation of the City's Junked Car Ordinance as his vehicle is a non-licensed race car being worked on in his carport. The Mayor advised that MID if the carport were closed in, he would then be in compliance with the ordinance. The Council gave him ninety days from this date to close in the carport. Mr. Don Ault next addressed the Council regarding his property on Dove west of Kimball Avenue which is zoned A-10 District (multi- family). He stated it was impossible to develop this land in accordance with the zoning due to lack of a sewer system and that he had discussed the possibility of tying into a sewer main belong- ing to the City of Grapevine located not too far from his property. Following discussion, the Mayor directed the City Secretary to prepare a letter for his signature to the Mayor and Council of the City of Grapevine expressing Southlake's interest in an agree- ment to use their sewer main provided the details of such an agree- ment can be worked out to mutual satisfaction and that Mr. Ault bear the expense of the attorneys' fee for preparing such an agreement. General Telephone representative, Mr. R. W. Doan, reappeared before the Council regarding the rate increase. He gave a detailed ex- planation of these charges. Discussion followed. The City Attorney established that purely local service is actually no longer avail- able to Southlake citizens. Discussion again arose over the point that this City was not given a proper opportunity to vote on the rate increase. The City Attorney said the hearing on rates should 14 should be continued. Mr. Doan agreed to make March 31st the dead- ling for no charge to change back to a 488 number for Southlake citizens. Mr. Jack Hamrick was introduced by Mr. Doan; he is in charge of service and Mayor Booker said he would give him copies of the complaint letters received by him regarding telephone ser- vice. The Mayor advised Mr. Doan that following a study of the rates by the City Attorney he would let him know if he is to re- appear before the Council at the next regular meeting February 19th. A public hearing was set for March 5th, 1974, at 7:30 P.M. by the Mayor to consider the request of Joe Wolf for analcoholic beverage permit as recommended for approval by the Planning & Zoning Com- mission in ZA-73-12. The Mayor read aloud the Resolution passed by the Planning & Zoning Commission at its last regular meeting wherein it was stated that there is no conflict in the proposed City's Updated Future Land Use Plan and the proposed land use concept presented by Charles Cross of Delaney-Sanders & Associates on land located in the W. W. Hall Survey. (Attached hereto.) Disannexation of the Welch property west of Pearson Lane was put before the Council. The City Attorney stated our agreement with the City of Keller did not require Southlake to disannex property free- ing it from zoning regulations, but that our Council would be honor- bound to disannex this property if a petition is brought before the Council that the City of Keller will annex it. The Mayor stated he wants all delinquent taxes paid before disannexation occurs and directed that this matter be put on the agenda for the February 19th meeting. Resolution No. 74-4: wherein the City of Southlake withdrew from the lawsuit to a iled by the Attorney General of the State of Texas against certain corporations named therein,was passed and approved on motion by Councilman Tetrault; seconded by Councilman Drummond. Motion passed unanimously. (Said Resolution attached hereto and made a part hereof.) Resolution No. 74-5: wherein the 1972 Ford motor vehicle owned by the City be disposed of by public bid in accordance with the law, was passed and approved on motion by Councilman Knox; seconded by Councilman Tetrault. Motionlassed unanimously. (Said Resolution attached hereto and made a part hereof.) Resolution No. 74-6: wherein provision for payment to Payton-Wright Ford for the two 1974 Ford cars is set forth, such purchase having been previously authorized and provided for in the current Budget, was passed and approved on motion by Councilman Knox; seconded by Councilman Davis. Motion passed unanimously. (Said Resolution attached hereto and made a part hereof.) x ~f_ E/, H ~a►r A T• PAd+ 14. THE STATE OF TEXAS X X PETITION AND AFFIDAVIT FOR DISANNEXATION COUNTY OF TARRANT X I, the undersigned, being the sole qualified elector and owner of the territory petitioned herein for disannexation, hereby indicate my desire for said territory to be disannexed from the corporate limits of the City of Southlake. I certify that no governmental or proprietary services comparable to those furnished the rest of the City of Southlake have been extended to said territory. The territory hereby petitioned for disannexa.tion is described in Exhibit "A" attached hereto, incorporated herein and made a part hereof. WITNESS MY HAND this JW-/~ay o , 1974. Mrs. Ruf elch The above and foregoing petition and affidavit was this day sworn to before me by the said Mrs. Rufus Welch, to certify which witness my hand and seal of office this day of 1974. i N Y PUBLIC in an for Tarrant County, Texas P