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1969-07-01 46 ` A G E N D A REGULAR MEETING OF THE CITY COUNCIL JULY 1, 1969 r~ ITEM I. Public Hearing - ZA-69-8 "PUD" - Gonzalez & Elder ITEM II. Public Hearing - ZA-69-15 Heavy Commercial - Alpha Development Corp. ITEM III. Animal Control Ideas presented by Mrs. John Quinn r ITEM IV. '!Junk- 'YarW', Glyn Morrison r ITEM V. Ambulance Service J. E. Foust, Jr. " ITEM VI. Corps of Engineers land - park usage Dick Drummond " ITEM VII. Texas Highway Dept. Maintenance Agreement " ITEM VIII. Fire Department Report Bob Steele, Fire Chief " ITEM IX. Police Department Report G. D. Ince, Police Chief w M t e r y N _.rr.a..~Ir~10 ONFAwYINMRr._^...e..•r.,n+r~'w.w City of Sopvthrake, Texas 133 W.RUVE D By City Council Action MINUTES OF THE Ordinance No. gZ- 3 PUBLIC HEARING JUNE 17, 196 c4L The Meeting was called to order at 7:30 M. Tfty1%1&Va t ro Tom Thurman Hearn in the SouthlAU City all. Present F. the Council. J. D. Cate, W. B. Brown an Wade Booker. Present for the Commission: Manuel Gonzalez. ZA-69-9: The Planning & Zoning Commission unanimously recommended that the request of W. J.' McClellan for a change in zoning from Agricultureto Light Commercial ("L" District) be granted on the following described property: Beginning at the Northeast corner of Tract 8B1, out of the T. M. Hood Survey, Abstract No. 706, at White Chapel Road; thence west 138'; thence south 1 135'; thence east 138'; thence 135' to point of beginning. This action was taken May 13, 1969, and the City Council so advised. Notfte of this public hearing was published in the Grapevine Sun on May 22, 1969. J. D. Cate made the motion to accept the Commission's recommendation as set forth above and W. B. Brown seconded it. The motion carried unanimously. The City Attorney will prepare the proper ordinance. 1 ZA-69-5: Thurman Hearn read a letter from Mr. Douglas Kinser in which a denial of his request without prejudice was asked for inasmuch as it is his intention to completely revise his request. It was ruled that ZA-69-5 had to be acted on and the matter closed, leaving Mr. Kinser free ' to file a new application. The following citizens entered their objections to ZA-69-5: Corbin Crews, Glen Remmer, R. A. Cummings and Mrs. O'San Neeley. ' Wade Booker made the motion to deny the zoning change re- quest by Douglas Kinser as set forth in Zoning Application ' No. 69-5; seconded by W. B. Brown. The motion carried unanimously. ' Meeting adjourned. rXhur an Hearn, Mayor Pro Tem m ATTEST: 10 Aliceanne Wallace ' City Secretary City of South!ake, Texas 134 APPROVED By City Council Action MINUTES OF THE Ordinance No. • PUBLIC HEARING JULY 1, 1969 City Secretary The meeting was called to order at 7:30 P L. Clow in the City Hall of Southlake , Texas. Present for the Council: J. L. Clow, Thurman Hearn, J. D. Cate, Jr., Wade , Booker and Buddy Brown. Present for the Commission: Manuel Gonzalez and R. W. Mussina. ZA-69 8 . A request for "PUD" District submitted by Manuel Gonzalez and William Elder recommended for approval by the Planning & Zoning Commission at their meeting Tuesday, May 27, 1969. In answer to a question asked by Mr. Edward Seydler, this request conforms to Southlake's Master Plan of Carter & Burgess, Inc. In answer to Councilman Hearn's ' question, Mssrs. Gonzalez and Elder have no immediate plans for development at this time due to the loan situation, etc. Mr. Gonzalez stated their willingness to dedicate 25 feet ' along Carroll Road to widen same provided 25 feet will be dedicated from the opposite side of Carroll Road. Also, he stated their willingness to dedicate 30 feet on the south ' side of the land in question for a 60 ft. road. There being no further questions, Councilman Hearn made a motion that "PUD" District zoning be granted on the land known as Tract ' 7, Tract 7A, Tract 7B and Tract 7B1, out of the John A. Freeman Survey, Abstract No. 529; seconded by Councilman Booker. The motion carried unanimously. , ZA-69-15: A request for Heavy Commercial submitted by Alpha Development Corporation recommended for approval by the Planning & Zoning Commission at their meeting Tuesday, May 27, 1969. There being no questions, Councilman Brown recommended that a decision on this matter be tabled. ' Meeting adjourned. , J. L. Clow, Mayor ' ATTEST: Aliceaune Wallace City Secretary • 134-A CITY OF SOUTHLAKE, TEXAS PLANNING AND ZONING COMMISSION TO: The City Council Southlake, Texas Gentlemen: RE: ZA-69-15 Alpha Dev. Corp. At a regular public meeting of the Planning and Zoning Commission on Tuesday, May 27, 1969, at the Southlake City Hall, the Commission, by unanimous vote, agreed to recommend to the City Council that the above application ' of the Alpha Development Corporation for a change in zoning from Agriculture Residential to Heavy Commercial be approved. I The property involved is known as Tract 3A of the Richard Eads Survey, Abstract No. 481 and Tract 5A of ' the Thomas Mahan Survey, Abstract No. 1049. Present for the Commission: Tate Gordon Knight Williams ' Gonzalez F , nR REGULAR MEETING OF THE CITY COUNCIL JULY 1, 1969 The City Council of.the City of Southlake, Texas, met in regular session at the City Hall on Tuesday, July 1, 1969, with the following members present: J. L. Clow, Mayor Thurman Hearn, Mayor Pro Tem J. D. Cate, Jr., Councilman William B. Brown, Councilman Wade Booker, Councilman Absent: M. J. O'Brien, Councilman Mayor Clow called the meeting to order. The minutes of the last meeting were approved as Animal Control: Mrs. John Quinn presented the Council with ® several ideas regarding animal control as handled by cities such as Irving and Richland Hills, etc. The Council was informed that Mr. Wade of Grapevine will pick up stray dogs (on his own time) for $4 a dog and has already indicated a willingness to work with Southlake until such time as our city is able to set up its own full-time control. Council- man Brown suggested we try to work something out with ' Grapevine. Mayor Clow thanked Mrs. Quinn for her efforts. "Junky" Yards Mr. Glyn Morrison again appeared before the- City Council complaining of a "junk yard" next door to him, stating he did not feel the Council was interested in cor- recting the problem. The City Attorney, Mr. Glenn Goodnight, answered that there is no ordinance in Southlake prohibiting anything offensive to the sight and, in his personal opinion, no condition exists which is illegal and for the City to pursue this point would prove costly and mast likely to no avail. The matter of operating a garbage hauling business was brought to light. (The City Secretary left the room to get City Ordinance No. 75.) Mr. Goodnight said action on this point would be more feasible. Ambulance Service: Mr. J. E. Foust, Jr., presented the Council with facts and figures to prove his point that Southlake receives good coverage, all things considered. Corps of Engineers Land: Mr. Dick Drummond spoke to the Council regarding use of such land from the Corps of Engineers for a ball park, or park. He informed the Councilrias to the procedure to be followed, i.e.: 1. A letter from the City requesting use of the land. 2. Proposed devlopment of the land. 3. Location map to accompany said request. 4. Set of plans (for ball park, tennis court, or whatever is planned to be done on the land.) 5. A resolution from the Council that the City would like to have the use of the land, and would maintain it. Mayor.Clow thanked Mr. Drummond for the information and requested that he pursue the matter. Texas Hwy. Dept. Maintenance Agreement: Councilman Hearn made a motion to adopt Resolution No. 69-5 approving this agreement; seconded by Councilman Booker. Following dis- cussion between the Council and the City Attorney, Glenn Goodnight, the motion was withdrawn. Councilman Hearn, then made the motion to adopt Municipal Maintenance Ordinance No. 164 (copy attached); seconded by Councilman Booker. Motion carried unanimously. Fire Department Report: Assistant Fire Chief Lester Barrett, filling in for Chief Steele, reported the need for two battery chargers. Councilman Hearn made a motion authorizing the Fire Chief to buy same, setting a maximum price of $35 on the purchase; seconded by Councilman Brown. The motion carried unanimously. The Council was informed that Mr. Babe Anderson has resigned as Fire Marshall. Mayor Clow asked Mr. Barrett to have Mr. Anderson submit his resignation to the Council by letter. Police Department Report: Chief Ince submitted his re- port (copy attached and advised that he has hired Bud Hall as a part-time reserve officer..The Council had no questions. Mayor Clow reported on the latest meeting with COG and announced plans to begin the first phase of securing additional water. ® There being no further business, the meeting was adjourned. ATTEST. J. L. Clow, Mayor Aliceanne Wallace, City Secy. Y/l/69-Page 2 49 r~ A ~~ls ~c att. fti sop"Naft ire *b* mostb of Joan ifd9. ft"" "*am In lay 45 (fwty it") `i is los"A s , r U (fifty am) a1Q Its" imu in or A Two to" in dmAS ~ l,ffl.64 Iftifts A"1404W is My 10 (too 'fMOSA 1401" In jam 6 (fivo) p of *ale is or ISO *Omm of calls 1A as 221 mtuw Asives is lby 6*193 OKI" dairy" W iww so"s ~r of pasom is J&l to iii 6 (014 wait If of pssso" is foil W Jmo 11 (rte 40 lov"l M aM D* is" *11" sf Form 1037 c,e'~ 50 MUNICIPAL MAINTENANCE ORDINANCE AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF COUNTY OF s TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE„AND,AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN AGREEMMT BETWEEN THE CITY AND THE STATE OF TEXAS,-PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE- CLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the Public convenience, safety and necessity of the City, and the people of the City require that State Highway routes within the City be adequately maintained; and WHEREAS, the City has requested that the State of Texas, enter upon and contribute financially to the maintenance of said project; and WHEREAS, the State of Texas has made it known to the City that it will, with its own forces and equipment and at its sole cost and expense, enter upon and maintain said project, conditioned upon the provisions concerning liabilities and responsibilities for maintenance, control, supervision) and regulation which are set out in the form attached hereto, made a part hereof, and marked "MUNICIPAL MAINTENANCE AGREEMENT"; and WHEREAS, said project consists of those State Highways and/or portions thereof which are described and included in the form attached hereto and marked "MUNICIPAL MAINTENANCE AGREEMENT." NOW, THEREFORE, BE IT ORDAIN by the SECTION 1. That the public convenience, safety and necessity of the City and the people of the City require said project be adequately maintained. SECTION 2. That the State of Texas be and,'is hereby authorized to enter upon and maintain said maintenance project. SECTION 3. That the Mayor, or proper City official, of the City, be and is hereby authorized to execute for and on behalf of the City an agreement with the State of Texas, in accordance with and for the purpose of carrying out the terms and provisions of this order, in the form attached hereto, made a part hereto, and marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is hereby directed to attest the agreement and to affix the proper seal of the City thereto. SECTION 4. The Mayor of the City, having requested in writing.that this ordinance take effect forthwith and there being in tact an emergency and 3m orative necessity that the work herein provided for be begun and carried out promptly and with expedition ID and that the agreement aforesaid shall be immediately made, executed and delivered to the end that such work herein provided for may be begun and carried out promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. Form 1038 4 (Revised 7-1-67)5 1 ® MUNICIPAL MAINTENANCE AGREEMENT STATE OF TEXAS O COUNTY OF TRAVIS O THIS AGREEMENT made this day of 19 s a , by and between the State of Texas, hereinafter referred to as the "State", , party of the first part, and the City of BOOM- awwq* County, Texas (population ry, 1960 Federal Census) acting by -a and through its duly authorized officers, hereinafter called the "City party of the second part. W I T N E S S E T H WHEREAS, the City has requested the State to assist in the mainten- ance of State Highway routes within such city; and WHEREAS, the State Highway Engineer, acting for and in behalf of the State Highway Commission, has made it known to the City that the State will assist the City in the maintenance, control, supervision, and regulation of State Highway routes within such city, conditioned that the City will enter into agreements with the State for the purpose of determining the responsi- bilities of the parties thereto: A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: AM, -1- Form 1038 5-2 (Revised 7-1-67) Coverage 1. This agreement is intended to cover and provide for State participation in the maintenance of the following classifi- cation of State Highway routes within the City: A. Non-Controlled Access routes or portions thereof which I are described and/or graphically shown as "State Main- tained" routes in Exhibit "A", which is attached hereto and made a part hereof. I B. All State Highway routes or portions thereof which have been designated by the Texas Highway Commission as Con- trolled Access Highways and which are described and/or graphically shown in Exhibit "B", which is attached hereto and made a part hereof. I 2. The City shall retain full responsibility for the. mainten ance of those State Highway routes and portions thereof which are listed and/or graphically shown in Exhibit" A" and. Exhibit "B" as "City Maintained" routes, except that the State is hereby authorized by the City to erect and maintain normal route markers and directional and desti- nation signs thereon for direction of highway traffic. 3. In the event that the present system of State Highway I routes within the City is changed by cancellation, modified routing, new routes, or change.in the City's corporate limits, the State shall terminate maintenance and this. agreement shall become null and void on that portion of the routes which are no longer routes of a State Highway; and the full effect and all conditions of this agreement shall apply to the changed routes or new routes of the State Highways within the City and shall be classified as "State Maintained under paragraph l above, unless the execution of a new agreement on the changed portion of the routes is requested by either the City or the State. GENERAL CONDITIONS 1. The City hereby agrees and does hereby authorize the State to maintain the State Highway routes covered*by this agreement in the manner set out herein. -2- Form 1038 5 3 (Revised 7-1-67) 2. This agreement shall supplement and existing agreements between 1 the State and the City for the maintenance or construction and maintenance of the highways covered herein and this agreement shall supersede such existing agreements only in respect to points of conflict. 3. Traffic regulations including speed limits, will be established ' and fixed by agreement with the State after traffic and engi- neering surveys have been conducted. 4. It is mutually agreed that, subject to approval by the State, any street lighting system may be installed by the City provided the City shall pay all cost of installation, maintenance and operation except in those installations specifically covered by separate agreements between the City and State. 5. It is understood and agreed that this agreement is for the purpose of defining the authority and responsibility of both parties for maintenance of highway routes through the City and shall in no way be considered to cover any present or past obli- gation either real or anticipated concerning such State Highway routes through the City. • 6. The City shall prohibit the movement of loads over State main- tained streets which exceed the legal limits for either weight, length, height or width, as prescribed in Vernon's Penal Code 827a for public highways outside corporate limits of cities, 1 except those having proper permits from the State for such movements. The City shall also, by ordinance and enforcement, prescribe and enforce lower weight limits when mutually agreed ' by the City and the State that such restrictions are needed to avoid damage to the street and/or for traffic safety. ' 7. The City shall prevent future encroachments within the right of way of the highway routes and assist in removal of any present encroachments when requested by the State except where specifi- cally authorized by separate agreement; and prohibit the plant- ing of trees or shrubbery or the creation or construction of any other obstruction within the right of way without prior ' agreement with the State. 8. The City agrees that traffic control devices, such as stop and slow signs, traffic signal lights and other types of devices for traffic control, in respect to type of device, points of installation, and necessity will be fixed by-agree- -3- Form 1038 5 4 (Revised 7-1-67) ment with the State after traffic and engineering surveys have. been made. The City agrees that it will not install or main- tain or permit the installation or maintenance of any type of traffic control device which will affect or influence the utility of the State Highway routes without having obtained in writing the prior approval of the State. Traffic control de- vices installed prior to the date of this agreement are hereby made subject to the terms of this agreement and the City agrees to the removal of such devices which affect or influence the utility of the State Highway routes unless their continued use is approved in writing by the State. It is understood that future traffic signal lights installed as a joint project by the City and State will be the subject of a separate agreement outlining the responsibilities for installation and maintenance. 9. The City agrees to continue its responsibility for proper con- ' struction, maintenance and control of access driveway facilities in accordance with "Regulations for Access Driveways to State Highways" adopted by the Texas Highway Department or in accord- ' ance with other standards and specifications for the design, construction and maintenance details subject to approval by the Texas Highway Department. ® 10. It is understood that the use of unused right of way and areas beneath structures for parking, will be the responsibility of ' the City as determined by a separate agreement. NON-CONTROLLED ACCESS HIGHWAYS State'.s Responsibilities 1. Maintain the pavement, base and its support and maintain the , shoulders on those sections where there is no curb and gutter. 2. Install and maintain normal highway markings necessary for ' directing highway traffic in a safe and efficient manner, which shall include normal route markers, directional and destination signs, center line, lane line and no-passing barrier line stripes, and such other pavement markings considered necessary for direction of traffic, except crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to the approval of the State. -4- Form 1038 55 (Revised 7-1-67) 3. Assist the City in sweeping and otherwise cleaning the pavement, I • in mowing and cleaning of litter; and in maintenance of roadway ditches, on those sections of State Highway routes where and to the extent that such duties are delineated on Exhibit "A". 4. Assist in snow and ice control as availability of labor and equipment will allow. ' City's Responsibilities 1. Prohibit angle parking, except upon written approval by the State after traffic and engineering surveys have been conducted to determine that the roadway is of sufficient width to permit angle parking without interfering with the free movement of I traffic. ' 2. Require installations, repairs, removals or adjustments of publicly or privately owned utilities or services to be per- formed in accordance with State Highway Department specifi- cations and subject to approval of the State. 3. Retain all functions and responsibilities for maintenance, control, supervision, and regulation which are not specifi- I cally described as the responsibility of the State. The assistance by the State in maintenance of-roadway ditches I does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits except where participation by the State other than above is speci- fically covered in a separate agreement between the City and the State. I I I -5- 5C ' Form 1038 (Revised 7-1-67), Y ® CONTROLLED ACCESS HIGHWAYS w The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the "General Conditions" con tained herein above. Routes of controlled access highways or portions thereof covered by this section are those listed and/or graphically.shown in Exhibit "B". State's Duties 1. Maintain the travelled surface of the through lanes, ramps and frontage roads and those things beneath such travelled surface necessary for the proper support of same under vehicular loads encountered. ' 2. Mow and clean-up litter within the outermost curbs of the frontage roads or the entire right of way width where no frontage roads exist, and assist in performing these operations between the right of way line and the outermost curb or crown line of the frontage roads in undeveloped areas. I 3. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways,and frontage roads. ® 4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of equipment and labor will allow on the frontage roads and separation structures or roadways. 5. Erect and maintain all normal markings and signs necessary for the proper use of the facility and direction of traffic thereon. 6. Maintain all drainage facilities within the limits of the right of way. City's Duties 1. Restrict parking on frontage roads to parallel parking on one 1 side only and prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing ordinances and taking other appropriate action in addition to full compliance with current laws on parking. 1 -5a- Form 1038 5 7 (Revised 7-1-67) 2. Pass and enforce an ordinance providing for one way traffic on the frontage roads except as may be otherwise agreed to by separ- ate agreements with the State. 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal or adjustment is under- taken, crossing over or under the highway facility or entering the right of way. In the event of an emergency, it being evident that immediate action is necessary for.protection of the public and to minimize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as practicable. 4.. Pass necessary ordinances and retain its responsibility for en- forcing the control of access to the Freeway facility. -5b- Form 1038 5 8 (Revised 7-1-67) Termination 1. It,is understood and agreed between the parties hereto that all obligation of the State created herein to maintain the State Highway routes covered by this agreement shall terminate if and when they are no longer routes of State Highways; and further, that should either party fail to properly fulfill itIa obligations as herein outlined, the other party may terminate this agreement upon thirty days written notice. Said State assumption of maintenance shall be effective the date of execution of this agreement by the Highway Department. IN WITNESS WHEREOF, the parties have hereunto affixed their signa- tures, the City of AA~ on the day of 196, and the Highway Department on the day of 19 ' ATTEST: CITY OF P ® BY i (Title of Signing Official) STATE OF TEXAS APPROVAL RECOMMENDED: Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established District Engineer, District policies, or work programs heretofore approved and authorized by the State Highway Commission. Engineer of Maintenance By: Chief Engineer of Maintenance Operations Note: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of City Secretary. I -6- 59 "EXHIBIT All NON CONTROLLED ACCESS HIGHWAYS I, STATE MAINTAINED As STATE HIGHWAY 114; From Northwest City Limits to Southeast City t Limits (Assist in sweeping and otherwise cleaning the pavement, in mowing; and cleaning of litter, and in maintenance of roadway ditches). B. FARM TO MARKET 1709: From West City Limits to STATE HIGHWAY 114 (Assist in sweeping and otherwise cleaning the pavements in mow- ing and cleaning of litter, and in maintenance of roadway ditches), II. CITY MAINTAINED: None "EXHIBIT B" CONTROLLED ACCESS HIGHWAYS I. STATE MAINTAINED: None ® II. CITY MAINTAINED: None 1 1 + C 0 U N T Y I GRAPEVINE ® J 00 -i rO ,970 10' RESERVOIR l N • ripk, Q,. ~ l('` _ l - 97005 2499 AKA ON CO. POP.46 Ittil$ET I ✓ 1NT CO. POP. 67 w3. wl, 14 Vine '.e. se • SOUTHLAKE POP. i,023 • 382 1709. ~ YING CAP r . • s soul ~LAK i 1 503 (t~r -Grape GRAPEVINE r FA .,i _ Bear GRAD INE / POP. 2,821 MUNIC AL F 1938 .L.' ~~1 ~1 'J RIGWT FARM • AIRFIE D.,' 157 rr (I. t . AIRFIELD •l'~_ • II• is E I EI I~j J PRIG •tw, AIRFILL • • . • I f Esteiie: Oro, btI 1 ~ ~~~ar ..1 { 11114 • • ~ CI err' .u F Hope Wntars i• • .I Church -1 L 40 Nay - C 0mrRusLeb A o:. 1 Ci8ek STATE I~lMA rAINE,p ~ r -vln j t L I