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1977-02-15 Regular CC Meeting 3 pal CITY OF SOUTHLAKE, TEXAS 667 N. Carroll Avenue Southlake, Texas REGULAR CITY COUNCIL MEETING February 15, 1977 7:30 P.M. A G E N D A I. PUBLIC HEARING: ZA-76-5 - Paul Yates Request for L District. ZA-76-6 - Paul Yates Request for Special Alcoholic Use Permit. II. Proposed Subdivision Ordinance Discussion: A. Package Treatment Plants - Fred Joyce. III. Texas Power & Light Rate Study. Res. No. 77--7 IV. Door-To-Door Survey Permission - 8th Grader. V. ADMINISTRATION: A. Police Department Report. 1. Sale of Patrol Car. 2. Discussion of Traffic Safety Grant. B. Fire Department Report. C. Building Inspection Report. 1. Sign Replacement Material. D. Approval of Bills. 1. Maintenance Contract for I-4000 Computer. VI. PENDING LITIGATION (Closed). I hereby certify that the above Agenda was posted on the bulletin board and front door of City Hall, 667 N. Carroll Avenue on Friday, February 11, 1977 at 3:00 P.M. City Secretary 38 C C ro ro c n O o M CITY OF SOUTHLAKE z ~ d e d d >f MINUTES OF: Regular Council Meeting d ny DATE OF MEETING: 15 February 1977 ri z TIME OF MEETING: 7:30 P. M. NAME N PLACE OF MEETING.Council Chamber,City Hall OF '3 667 N. Carroll Avenue MEMBER Southlake,.Texas Index No. P e 1 of 4 Pages Caption OUNCIL MEMBERS PRESENT: Mayor Wade Booker, yor Pro Tem Pat Hawk, Councilmen W. 0. Nunn, Ben Berry, Bob Goode and Colon Sweet. STAFF PRESENT: City Attorney W. D. Campbell, uilding Inspector L. S. Senn, Water Superin- tendent W. G. Cline, Police Chief D.R.Hughes. INVOCATION: Councilman Sweet. MINUTES of the last regular meeting were ap- proved as amended. At the request of Ralph Polson, present in the audience, the Mayor read the minutes aloud. Upon opening the public hearing for ZA-76-5, ZA-76-5 REQIJESI wherein Paul Yates is requesting L District FOR L DISTRICT zoning for property on the corner of North ZONING BY PAUL Kimball Avenue and East Dove where his drive- YATES GRANTED in grocery store has operated for seventeen years and is currently operating as a n9n- conforming use, the Mayor cautioned the Council to distinguish between moral issues and matters of law. Paul Yates, owner, spoke for the zoning. Bill Tiner spoke against it. Ronnie Binion stated he represented Annie Hamm Leon Harwell, Mr. Johnson and Mrs. Webster, all of whom are not Southlake citizens but own property or live in the immediate vicinity, spoke against the zoning. C. W. "Bill" Long stated he did not object to it. James Harrell chairman of the Planning & Zoning Commission, addressed the Council stating that the Commis- sion recommended approval of the zoning and that the request was in compliance with the adopted Future Land Use Plan. Councilman Nunn pointed out the need for stores and Councilman Berry X X Berry said he agreed. Council then adopted Goode X X Ordinance No. 161-73, amending the zoning of Nunn X .54 acres of land out of the Throop Survey,Ab'. Hawk X stract 1511 and described by metes and bounds Sweet X therein from AG District to L District. 39 G C ~t tj b ro 0 0 0 n 0 rt ~ CITY OF SOUTHLAKE C z d d d d ~ MINUTES OF: Regular Council Meeting b ~'y DATE OF MEETING: 15 February 1977 H z TIME OF MEETING: 7:30 P. M. NAME PLACE OF MEETING: Council Chamber,City Hall OF 667 N. Carroll Avenue MEMBER Southlake, Texas Index No. Page 2 of 4 Pages Caption he public hearing then turned to ZA-76-6, a ZA-76-6 REQUEo request for "Alcoholic Beverages Specific Use FOR OFF-PREMIS Permit" to allow the sale of beer for off- CONSUMPTION 0 remises consumption at the same location as BEER SALES A-76-5. Paul Yates spoke for it. C. W. Long DENIED poke against it and called attention to the etition turned in to the Mayor signed by per- ons opposed to this request. Rick McPherson poke for it.Rev. M.Phillips spoke against it. am Sparger spoke against the sale of alcohol in Southlake and stated further that Mr. Yates ad the same rights as others. Jim Burrows tated he was against the request and against he sale of alcoholic beverages in the city. The city attorney explained the law. James Jarrell informed the Council, that parking pace requirements under the ordinance have een met and spoke at length as to the Plannin Zoning Commission's recommendation for ap- roval. A. C. Urbanosky, member of the Plan- ing and & Zoning Commission, stated pros and ons. Rev. Bob Stith stated that the people ave the right of self-determination and ex- ressed this in the precinct election on al- ohol. Councilman Nunn moved to grant the request for "Alcoholic Beverages Specific Use" otion died for lack of a second. Whereupon, Berry X X ouncil then voted to deny the request for an Nunn X X "Alcoholic Beverages Specific Use Permit" to Hawk X allow the sale of beer for off-premises con- Goode X umption. Sweet X Fred Joyce addressed the Council asking for a PROPOSED SUB- clarification of their position regarding his DIVISION ORDI- proposed subdivision. Leon Levitt, the engi- NANCE AND PACK neer for Joyce, informed the Council as to AGE TREATMENT costs and problems with package treatment PLANTS plants. Discussion followed. There was also discussion on one acre size lots and what street standards would be required under the street standards ordinance. Joyce stated he now had enough feel of the Council's thoughts to know how to proceed and thanked the Council for their time. 40 C C U) 110, o CITY OF SOUTHLAKE C til z ~ ~ d d >i MINUTES OF: Regular Council Meeting ay DATE OF MEETING: 15 February 1977 r-+ TIME OF MEETING: 7:30 P. M. NAME W PLACE OF MEETING:Council Chamber,City Hall OF 667 N. Carroll Avenue MEMBER Southlake, .Texas Index No. P e of 4 Pages Ca tion t this point, the meeting was closed for the AGENDA ITEM VI urpose of discussing the renewal of the CLOSED SESSIOr License permitting the sale of beer for off- remises consumption at the Circle E Drive-In. On re-opening the.meeting, Harry Tate, attorne OPEN SESSION R] for Corbett Emery, formally requested that the AGENDA ITEM VI City Council authorize the city secretary to renew the specific use permit for Corbett Emery, doing business as Circle E Food Market, to sell alcoholic beverage for off-premises consumption because notice was not given in accordance with the terms of the ordinance, i.e., less than twenty days notice was given and the notice was not mailed to the place of business named in the permit, Mr. Emery having received the notice February 7, 1977, at 1916 Camelot, Grapevine, Texas. In the alternative Mr. Tate requested the Council to rescind their action taken at the last regular council meeting where the city secretary was directed to have a new application and a new hearing. Berry X X The Mayor recommended to the Council they res- Nunn X X cind their previous action and grant the per- Hawk X mit based on the technicalities involved. Goode X This action failed to pass. Sweet X The Mayor called for a short recess and upon reconvening, Councilmen Berry and Sweet left the meeting in order to go to work. Returning to Agenda Item II regarding the pro- AGENDA ITEM II posed subdivision ordinance, Mayor Pro Tem Haw RE PROPOSED asked that it be placed on the agenda for the SUBDIVISION next regular meeting as well as a review of ORDINANCE cost figures of the sewer segment. The Council acted to have the City of South- RES. NO. 77-7 Hawk X X lake join with other cities through the Texas TP&L RATE STUDY Nunn X X Municipal League in a study of the rate in- BY TOUCHE-ROSS Goode X crease requested by Texas Power & Light to be done by Touche-Ross & Co., but not rescinding, Council's former action set forth in Resolutio No. 77-2. 41 C C N N c t1l ro t-0 ° ° ' CITY OF SOUTHLAKE e~ z o d d ~ ~ MINUTES OF: Regular Council Meeting G'y ° DATE OF MEETING: 15 February 1977 ri z TIME OF MEETING: 7:30 P. M. NAME N N PLACE OF MEETING: Council Chamber,City Hall OF y 667 N. Carroll Avenue MEMBER Southlake,.Texas Index No. Page -4 of Pages Ca tion The 8th Graders request for permission to make AGENDA ITEM a door-to-door survey was tabled to March 1st. IV Councilman Nunn asked for approval of obtain- POLICE DEPT. ing two gasoline credit cards for use in the REPORT Department. Mayor Pro Tem Hawk requested that written procedures be given first. The Council was informed that the grant for officers' over- time pay to promote traffic safety will be in quarterly increments. Councilman Nunn recom- mended that one of the patrol cars be adver- tised for sale. The Chief of Police pointed out that the Council may wish to keep the car for use in the traffic safety program dis- cussed above. The Fire Department's written report was give FIRE DEPT. to the Council. REPORT The building permits report was handed to the BLDG. DEPT. Council. The Building Inspector asked for th REPORT AND purchase of street sign poles for $1,221.11 SIGN PURCHASES Hawk X X (187 poles). Council authorized that the pur- Goode X X chase be made in lots of 50 poles per order Nunn X and that 100 clamps at $1.15 ,each be included. Discussion followed concerning a plat of part, of South Lake Park and the issuance of a build ing permit. The City Attorney said a possible solution is to give the building permit and withhold the certificate of occupancy until the amended plat is on file. The Water Department report was turned in to WATER DEPT. the Council. REPORT Nunn X X The Council approved payment of the bills as BILLS APPROVEI Goode X X listed. Mayor Pro Tem Hawk preferred.action o MAINTENANCE Hawk X the maintenance contract at the next meeting. CONTRACT TABLED Th'ere being no further Y;s, the me, ing adjourned. A ATTEST: ay or City Secretary