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1975-08-05 Regular CC Meeting 129 CITY OF SOUTHLAKE, TEXAS ' 667 N. Carroll Avenue Southlake, Texas REGULAR CITY COUNCIL MEETING ' August 5, 1975 7:30 P.M. ' A G E N D A ' I Sewer Grant - Step II: Gerald Lemons, Carter & Burgess ' II. Lone Star Gas Rate Increase Request: V. R. Henderson ' III. TP&L Rate Increase Request: Charles Paige (Ord. No. 220). ' IV. Public Hearing on ZA-75-5: Request of C. F. Emery for H District and Alcoholic Use. V. Resolution re Acceptance of Dove Estates. VI. Resolution re Continental Park Estates Developer's Agree- ' ment: James Rust VII. Resolution re Continuing Membership in the Southern Build- ing Code Congress. VIII. Board of Equalization Report: ' A. Council Acceptance of 1975 Tax Roll Assessments. ' B. Recommendation of the Board. C. Resolution re Cancellation of Erroneous Tax Items. ' IX. City Administration: A. Approval of Bills. B. Presentation of Proposed 1976 Budget followed by Work- shop. I hereby certify that the foregoing Agenda was posted on the bulletin board ' in City Hall, 667 N. Carroll Avenue, at 4 P.M. Friday, August 1, 1975. 130 PITY OF SOUTHLAKE REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 1975 The City Council of the City of Southlake, Texas, met in regu- lar session in the Council Chamber of City Hall, at 667 North Carroll Avenue in Southlake on Tuesday, August 5, 1975, with the following members present: i Wade Booker, Mayor Sam Davis, Mayor Pro Tern Billy Joe Knox, Councilman W. 0. Nunn, Councilman James Winfrey, Councilman Ben H. Berry, Councilman Staff members present: William D. Campbell, City Attorney Gerald Lemons, Consultant Engineer Douglas R. Hughes, Police Chief R. P. Steele, Fire Chief Also Present: Vernon Henderson, Lone Star Gas Charles Page, Texas Power & Light C. F. Emery, Applicant for Zoning Harry Tate, Attorney for Mr. Emery Alex Sharp, Developer of Dove Estates. Mayor Booker called the meeting to order at 7:30 P.M. The invo- cation was given by Councilman Nunn. The Minutes of the last regular meeting were approved as read. STEP II OF THE SEWER GRANT was presented to the Council by Gerald Lemons, who explained that STEP II consists of engineering and actions to be taken at this time. He advised that STEP II's cost to the City will be approximately $22,500. Resolution No. 75-22, authorizing the Mayor to sign the application, the assurances of land acquisition, relocation of anyone having to be moved, re- vised time schedule, and user charges; and Resolution No. 75-23, giving the Mayor authority to enter into a contract with Carter & Burgess, Inc., for the engineering connected with this project at an agreed firm figure, were unanimously passed and approved on motion by Councilman Knox; seconded by Councilman Winfrey. (Said Resolutions attached hereto and made a part hereof.) 131 LONE STAR GAS COMPANY'S rate increase request was presented to IV the Council by its area manager, Vernon Henderson. The City Attorney questioned the percentage of increase of the city gate f rate. The percentage factor for Southlake citizens would be 11.8%, advised Mr. Henderson, which amounts to $1.44 per month per average customer. The City Attorney requested more time to illl study the rate schedule and ordinance submitted. Councilman Knox moved that the City Attorney look over the proposed ordi- nance granting the rate increase and if it meets with his ap- proval to pass it at the.next regular Council meeting; seconded by Councilman Nunn. Motion passed unanimously. TEXAS POWER & LIGHT COMPANY'S representative Charles Page apolo- gized to the Council for missing them at the last meeting. The Mayor recommended that the City Attorney review the ordinance and schedule and if it meets with his approval that the Council act on it at its next regular meeting. Councilman Davis moved that Ordinance 220, granting TP&L a rate increase as scheduled in its Rate Book No. 75-35 subject to the City Attorney's re- view be passed and approved; seconded by Councilman Winfrey. , Councilmen Davis, Winfrey, Knox and Nunn voted "For"; Councilman Berry voted "Against". Motion carried. (Said Ordinance attached hereto and made a part hereof.) (Note: The City Attorney ad- ' ® vised City Secretary by phone Wednesday, August 6, 1975, that he found all things to be in order and directed that the Mayor sign Ordinance No. 220.) , ZA-75-5: Wherein C. F. Emery is requesting a change of zoning on 6/10's of an acre of land, more or less, on the east corner of Northwest Parkway and North Kimball Avenue, from F District to H District for the purpose of operating a convenience store only if he is also granted a specific use permit to sell alcoholic ' beverages for off-premise consumption. The Mayor informed the Council that the Planning& Zoning Commission had recommended ap- proval of the requests. No citizens present spoke either for or against it. Much discussion followed on how to grant the appli- cant's request. Councilman Winfrey stated all such permits should run from October 1 to October 1 of each year. Mr. Emery advised he was shooting for a March lst target date. The Mayor said the first year's permit would be pro-rated from the starting date to October 1st. Councilman Winfrey moved that Ordinance No. 161-65, changing the zoning on land described by metes and bounds therein from F District to H District to be effective when the applicant, C. F. Emery, requests his building permit, provided such request is made prior to March 1, 1976, be passed and approved; and that Ordinance No. 161-66, granting a specific use permit for the sale of alcoholic beverages for off-premise consumption, effective when Regular Meeting of Council - 8/5/75 - Pagd 2 of 4. 132 the State of Texas grants Mr. Emery his State liquor license, be passed and approved; seconded by Councilman Davis. Councilmen Winfrey, Davis, Nunn, and Berry voted "For"; Councilman Knox voted "Against". Motion carried. (Ordinance No. 161-65 and Ordinance No. 161-66 are attached hereto and made a part hereof.) RESOLUTION NO. 75-24, accepting the subdivision called "Dove Estates" was unanimously passed and approved on motion by Councilman Knox; seconded by Councilman Winfrey. (Said Resol- ution attached hereto and made a part hereof.) Discussion followed regarding Burney Lane. City Secretary advised she would let Mr. Sharp know when a time frame is developed on its completion. RESOLUTION NO. 75-25, authorizing the Mayor to sign the Devel- opers Agreement of Continental Park Estates, already signed by James Rust, as president of B & R Development Company, was unan- imously passed and approved on motion by Councilman Knox; seconded ' by Councilman Davis. (Said Resolution attached hereto and made a part hereof.) ' The Mayor announced a ten minute recess and reconvened the meet- ing at 9:30 P.M. RESOLUTION NO. 75-26, continuing membership in the Southern Building Code Congress, was unanimously passed and approved on motion by Councilman Nunn; seconded by Councilman Knox. (Said 1 Resolution attached hereto and made a part hereof.) The Council was advised as to the recommendation made by the ' 1975 Board of Tax Equalization at its meeting July 19th, and unanimously accepted the 1975 Tax Roll as certified by the Tax Assessor, M. E. Whiteside, on motion by Councilman Knox; seconded by Councilman Nunn. (The Mayor announced a public hearing will be held Tuesday, September 2, 1975, on the 1976 Budget.) RESOLUTION NO. 75-27, canceling erroneous tax items on several Tax Rolls, was unanimously passed and approved on motion by Councilman Nunn; seconded by Councilman Knox. (Said Resolution attached hereto and made a part hereof.) Councilman Knox moved that the bills presented as per the at- tached list be approved for payment; seconded by Councilman Winfrey. Motion passed unanimously. City Attorney advised the Council it would not be of any point for the City to file an Amicus Curia brief in the law suit pending Regular Council Meeting - 8/5/75 - Page 3 of 4. 133 r between Colleyville and Hurst if that meets Council's approval. i Councilman Knox moved that such a brief not be filed; seconded by Councilman Davis. Motion passed unanimously. The Mayor announced he filed the 1976 Budget with the City A" Secretary, August 1st and that a workshop on same will fmllow. There being no further business, the meeting adjourned. Mayor ATTEST: City Secretary Regular Council Meeting - 8/5/75 - Page 4 of 4.I