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1981-03-03 CITY OF SOUTHLAKE 667 North Carroll Avenue Southlake, Texas REGULAR CITY COUNCIL MEETING March 3,1981 7:30 p.m. AGENDA 1. Mayors Report 2. ZA 81-2 Preliminary Plat approval for Phase 2 and 3, Briarwood Estates Subdivision. Owner: Dan Howell 3. ZA 81-4 Request for "Special Use Permit" for the Sale of alcoholic beverages. Present zoning of the land is "H" Heavy Commercial. Location is Wolf's Club. Owner: Joe and Bettye Hart. Continuation of public hearing. 4. ZA 81-6 Zoning request for a 15.963 acre tract of land out of the W.R. Eaves Survey, Abstract 500, Tract 3D. Present zoning is Agricultural, request is for the "H" Heavy Commercial District. Owner: Bonnie Kidd Public Hearing. 5. ZA 81-7 Zoning request for a .78 acre tract of land out of the John Whitman Survey, Abstract 1593, Tract 8K. Present zoning is Agricultural, request is for A-3 Single Family District. Owner: Phillip Bressinck. Public Hearing. 6. Consider: Proposed Zoning Ordinance No. 261. Continuation of Public Hearing. I hereby certify that the above agenda was posted on the bulletin board and on the front door in city hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, February 27,1981 at 1 p.m. vl ' p~ City Secretary Y CITY OF SOU`I'HLAKE , `TEXAS d n o O-A REGULAR CITY COUNCIL rd o M M MINUTES OF THE z c7 d MEETING, a y DATE: March 3,1981 H o 7:30 p.m. TIME: PLACE: CITY OF SOU` HLAKE, COUNCIL CHAMBERS 0 0 667 NORTH CARROLL AVENUE, SOUTHLAKE NAME OF o o TEXAN, COUNCIL,PERSON PAGE: 1 INDEX COUNCILPERSONS PRESENT: Mayor; Pat Hawk, Mayor Pro Tem; Sam Sparger, Councilpersons; Modine Stricker, AC Urbanosky, Shari Massey COUNCILPERSON ABSENT: Lloyd Latta PLANNING AND ZONING COMMISSIONER PRESENT: Jeff Ault CITY STAFF PRESENT: City Attorney; Bill Smith, Police Captain; Randy Martin, Fire Chief; Bob Steele INVOCATION: Sam Sparger The Minutes of the February 17 meeting were approved as presented. Sparger x x A request from Councilperson Latta Stricker x was made, asking for approved Urbanosky x x absences from the City Council meeting Massey x on March 3 and March 17, as he is out of the Country. Approval was granted. MAYORS REPORT: A letter was read from England Systems requesting relief from the City for additional expenses which occurred when the Nutt Shell System was in- stalled at the Don Teer residence in Dove Estates. This item to be discussed at the end of this meeting. Mrs. Helen Ramsour, a resident of Southlake, addressed Council concerning her problems with the adjacent propert owner, James Turner. The Turner Build ing has been inspected by Fire Marshal Bob Steele and found to be an extreme fire hazard, due to trash and etc. around the building. Mrs. Ramsour presented to Council a photo album of pictures she has taken of the area mentioned above. She ask Council help in getting the Turner property cleaned up. y -7 CITY OF SOU`I'HLAKL', TEXAS MINUTES OI~ 'ftiE REGULAR CITY COUNCIL d ° Y d d MEETING. ~ a March 3,1981 C) DATE: ° TIME: 7:30 p.m. 0 0 PLACE: CITY OF SOU`I'HLAKE, COUNCIL CHAMBERS 667 NORTH CARROLL AVENUE, SOUTHLAKB ~ NAME OF 0 0 1'f: X AS COUNCI LI'L'RSON INDEX PAGE:: 2 ZA 81-2. The revised preliminary plat ZA 81-2 Sparger x x for Phase 2 and 3, Briarwood Estates PRELIMIN- Urbanoer x x Subdivision, was approved with the RY PLAT rbansky x condition that Lot 27 (the lake), as PPROVED Massey x shown in red on the revised plat be adjointly owned and that a homeowners association be formed for the purpose of maintaining the lake. The terms are also to be apart of the Developers Agreement. Dan Howell, owner of the development was present and agreed to the terms as stated above. ZA 81-4. Request for a "Special Use ZA 81-4 Pexmit" for Bettye Hart was once again TABLED tabled and the public hearing continue due to the City Attorney's final opinion being submitted. ZA 81-6. A zoning request for a 15.961A 81-6 acre tract of land out of the W.R. ABLED Eaves Survey, Abstract 500, Tract 3D, NTIL was discussed by Council. The owners, ATER IN Mr. and Mrs. Kidd were present and HIS explained their intented use of the 14EETING property they are requesting "H" Heavy Commercial Zoning on. Jeff Ault spoke in behalf of the Planning and Zoning Commission, giving input as to the vote of 4 to 3 in favor, made by the P & Z when making a recommendation to Council. During the public hearing, Larry Samartin stated he feels precausion needs to be taken in regards to build- ing set back on the property, due to the airport landing patterns. Sparger x Motion was made to approve zoning as Stricker requested, seconded and then the motio Urbanosky was withdrawn by Ms. Massey. issey x Sparger x x Sparger then moved to table the item Stricker x until after the proposed zoning Ord. Urbanosky x 261 is discussed. Massey x x y CITY OF SOUTH LAKE , I')XAS M I NII'1'E S OF THE REGULAR CITY COUNCIL ° d d MEETING. 1-3 d DATE: March 3,1981 ° 7:30 p.m. TIME: d H PLACE: l: 1.`1'Y OF SOII'1't11.AKE, COUNCIL CHAMBER 667 NORTH CAtZROLL AVENUE, SOUTHLAKE 0 0 TEXAS, NAME OF o 0 COUNCIL I1E;IZSON PAGli 3 INDEX Sparger x x ZA 81-7. Approval was given for a ZA 81-7 Stricker X Zoning change from Agricultural to ZONING L'rbanosky x A-3 Single Family District, for a .78 APPROVEL Massey x x acre tract of land out of the John Whitman Survey, Abstract 1593, Tr. 8R. Owner Phillip Bressinck was not presen . Planning and Zoning Commission recommended approval and there were no comments during the public hearing. A letter from Councilperson Latta ORD. 26' recommending approval of the proposed ZONING Zoning Ordinance 261 was read.(attache APPROVED hereto and made a part hereof). The continuation of the public hearing on Ordinance No. 261 led to discussion of servants quarters. Council agreed that the term be changed to servants quarters and or family members quarter , and that the structure be on the same utility meters as the principal dwelling with the exception that a separate septic system be installed. Size of the quarters is not to exceed 1,000 square feet. The public hearing was closed by Mayor Hawk who recommended approval of the Ordinance with the revisions dated, February 13, February 16, February 23, as well as the revisions made during this meeting concerning servants quarters. Sparger x x Councilperson Massey moved to accept Stricker x the Ordinance No. 261 with the revisio s Urbanosky x stated above. The Ordinance No. 261 Massey x x will superceed Ordinance No. 161 and is to become effective March 3,1981. Mayor Hawk expressed great appreciatio to the members of the Citizens Advisor Commit-tee and the members of the Planning and Zoning Commission, for their many hours of effort on the project. O o C 1`I'Y OF SOUTHLAKI;, TEXAS REGULAR CITY COUNCIL e n ~ ~ --3 rr' MINUTES OF HE d MEET I NG . d DATE: March 3,1981 M d rfl n ° TIME: 7:30 p.m, 4 s PLACE: CITY OF SOUTH LAKE , COUNCIL CHAMBERS 50HAMBERS ° o 667 NORTH CAlUZOLL AVENUE-', T E' X A S . NAME OI: 0 0 COUNCI LPFIZSON PAGE: 4 INDEX Sparger x x Motion was made and approved ZA 81-6 Stricker x for ZA 81--6. (see page 2 of these APPROVED Urbanosky x x minutes). Massey X Sparger x RE: Nutt Shell System installed by Stricker x England Systems, as mentioned in the Urbanosky x x Mayor's Report. Mayor further explained Massey x x that England System is asking for relief under the "rock clause", as stated in the contract. Mayor recommended that the City absorb one half of the additional costs, not to exceed $500.00. F-.rger x x The bills presented were approved for _icker x payment (attached hereto and made a Urbanosky x part hereof). Massey x x The meeting was"at ourned by N or Hawk. Mayor ATT T: A City Secretary FEBRUARY 24,1981 MEMO.... TO: MAYOR PAT HAWK FROM: COUNCILMAN LLOYD LATTA SUBJECT: EXPECTED ABSENCE FROM CITY COUNCIL MEETING. Company business will require me to outside the Continental United States of Amercia for approximately three (3) weeks, therefore I will miss the City Council meetings on March 3 and March 17. I r ctfully ask Council to excuse my absence during this time. att r. o cilp rson February 25,1981 MEMO..... TO: MAYOR PAT HAWK AND MAYOR PRO TEM SAM SPARGER FROM: COUNCILPERSON LLOYD LATTA SUBJECT: PROPOSED ZONING ORDINANCE NO. 261 Since I will be absent at the City Council meeting when Ordinance No. 261 is considered, I would like to take this opportunity to express my opinion of the proposed Zoning Ordinance No. 261. My two years experience on the Planning and Zoning Commission and my last two years experience as eiansunusualcviewnpo~nttfromlwhenngoalook me aft Zoning Commission, provides upon the proposed Ordinance 261. The e OrdimodinancefiascatproonpoassedhienPdranning form is not perfect and will require and Zoning Commission works with I believe that it is an its approval as presently drafted. I have attended the workshopstit Planning and Zoning Commission and I believe it bridges the gaps at currently exist inOrdinance co. 161 and will be beneficial to citizens of Southlake as we I would lead the discussion recommending approval If I were present, and would cast a favorable vote for adoption of the proposed ordinance at the earliest possible date. Respectfully, X&4 Lloyd 0. Latta Councilperson C.C. City Council Members Planning and Zoning Commission Members Roy Lee, chairman Citizens Advisory Committee LAW OFFICES OF SMITH, SMITH AND RAKE 729 BEDFORD EULESS ROAD WEST - SUITE 107 HURST, TEXAS 76053 TELEPHONE WILLIAM H. SMITH (817) 282-9393 LEE M. SMITH MICHAEL R. RAKE March 2, 1981 Council Members City of Southlake Re: Alcoholic Beverage - Private Club Permits QUESTION: Under the Texas Statues governing private club permits, is there a requirement that a private club provide food service as a condition to the obtaining of a private club permit for the sale of alcoholic beverages? ANSWER: Section 32.03 of the Texas Alcoholic Beverage Code which sets forth the qualifications for the issuance: of a permit for a private club for the sale of alcoholic beverages requires under Section G thereof that, "The club must provide regular food service adequate for its members and their guests." Under the annotations of decisions set forth after the particular section there is an annotation citing a Texas Supreme Court case which was appealed to the U. S. Supreme Court (although the appeal was later dismissed) which annotation provides that a regula- tion of the Liquor Control Board which required private clubs licensed under the Liquor Control Act to provide regular food service and which regulation stated that complete meals must be available on club premises was not unconstitutional for vagueness. I have not read the particular case, but will do so prior to the council meeting on March 3rd and will answer any questions regarding that case at such meeting. It would appear from both the law and the decision of the Texas Supreme Court set forth in the annotation that the food service provision has been tested and has been upheld, although the question of what constitutes food service, including complete meals, could most likely only be answered on a case by case basis by the Courts upon challenge by either the Texas Liquor Board or a city challenging the particular club based upon violation of zoning ordinances or special use permits in the area where the club is located. It would be my further opinion as City Attorney for the City of Southlake that the actual use, and in particular the sale of food or lack of such sale, and any challenge to such might better be handled by the Liquor Control Board challenging the permit for the private club than by the City challenging such private club or its existence as a violation of a zoning ordinance. WILLIAM H. SMITH City Attorney LAW OFFICES OF SMITH, SMITH AND RAKE 729 BEDFORD EULESS ROAD WEST - SUITE 107 HURST, TEXAS 76053 TELEPHONE WILLIAM H. SMITH (817) 282-9393 LEE M. SMITH MICHAEL R. RAKE - March 2, 1981 Council Members City of Southlake Re: Briarwood Estates - Lake Question QUESTION: What liability, if any, would the City of Southlake be subject to if the City Council approved a subdivision plat upon which is reflected a lake which will be the property solely of the owners of the said subdivision either by the particular lot owners owning the lake or by the entire subdivision owners having an interest in said lake and a Home- owners Association established? ANSWER: After a thorough research of the existing laws and case law related to governmental liability, it is my conclusion that the City of Southlake would experience no liability if a subdivision plat is approved upon which there is reflected a lake which will not be owned by the City and which will not be part of any park or of any proprietary operation of the City of Southlake. There appears to be no specific Statue related to zoning which would answer this question and there has been no case heard by any appellate Court which specifically controls the present situation. There have been several cases however, in which the question of liability of a city has arisen and all of such cases have been answered upon the distinction of proprietary versus governmental action by the City. In the case which is closest in point, the City of Houston was sued by the parents of an eleven (11) year old who drowned in water located in a garbage disposal area owned by the City of Houston. The basic facts were that the deceased and several other boys were playing in a city park adjacent to the garbage disposal area. The Court found that when the boys left the city park area to begin play in the garbage disposal area there was no question but that they would have been aware that the dump ground was not a part of the park as the boundary between the dump and the park was an embankment which although not steep at the top was apparently fairly steep at the bottom and produced a clear line of demarcation between the two areas. The holes located in the dump were for the purpose of burying garbage and were approximately 25 to 30 feet in diameter and 12 to 15 feet deep. The Supreme Court of Texas concluded that the operation of the dump was a governmental function of the city and since there is no liability for governmental functions, the City of Houston had no liability for the boy's death. The Court also found that the City incurred no liability under the Texas Tort Claims Act for any type of nuisance and that the City had no liability for any failure to have a fence or warning signs in the park to prevent children from going onto the garbage dump. This case seems to provide some answer to the current question in that if the City of Houston was not liable for the death of the eleven (11) year old boy under the facts set forth in that case, I can find no basis for any liability on the part of the city where it is performing a purely governmental function of approving subdivision plats and where it certainly has no ownership interest of any nature in the lake contained in such subdivision. In providing this opinion, I am expressing no opinion as to whether it is advis- able or not to have a lake located within a subdi- vision but only answering the question of whether the City of Southlake incurs any liability in connection with such lake either for personal injuries to any children or other persons incurred as a result of the lake being located in the subdivision or any liability as a result of any sewage or septic problems with the lake or any drainage into the lake. It would be my opinion as to the sewage or septic problems that the particular property owners located adjacent to the lake would have a duty to insure that the septic system which they provide does not result in any health hazzard for the lake. It would also be my opinion that in the event that any septic system did prove to be a drainage or seepage problem for the lake that the other land owners or property owners in the area and/or the City of Southlake could enjoin further use of such septic system if it could be proved which septic system was causing the particular health hazzard. There are many practical problems with a lake being located within a subdivision but as to the particular legal liability of either the City of the City Council members for the approval of a subdivision plat with a lake located in said subdivision, it is my opinion th t no liability exists because of the long estab ished d trine of governmental immunity. l/ WILLIAM H. SMITH City Attorney CITY OF SOUTHLAKE BILLS FOR APPROVAL CITY COUNCIL MEETING MARCH 3,1981 TO WHOM FOR AMOUNT Tri County Electric 144.75 General Telephone Company 583.85 Lone Star Gas Company 235.58 Christine Salinas deed transfers 25.00 Pitney Bowes Copier 129.95 Colleyville Florist flowers for Shomaker family 32.50 Jim Parker Exxon repairs to city adm. car 171.06 The Banner Quick Print printing of newsletter 46.83 Dennis Electric repairs to park lights 478.03 General Office Supply 171.32 Pitney Bowes print powder for machine 112.15 Bell Communications 496.50 Smith, Smith, and Rake extra legal 129.00 Blue Cross/Blue Shield 1,216.44 Grapevine Sports 12 ga. riot gun 165.00 Crabtree and Powers 405.87 Village Grocery Store 65.44 Jim Parker police dept. car/repairs 628.31 Jameson Pharmacy film 57.42 Ladd Uniform Co. 5.75 4-OK Locksmith 140.00 City of Grapevine, Ambulance 180.00 Jim Parker,Exxon repairs Unit 3001 58.00 North Tx. Firemens/FireMarshal Assoc. dues 10.00 Tarrant County Firefighters banquet 147.00 Watco repairs to Station 2 89.72 Stewart Oxygen Service 37.00 Foy Keys 1 six inch tap 85.00 Burroughs Copy. paper for machine 109.60 Aqua Utility 151.42 The Rohan Company 377.76 TOTAL $ 6,686.25