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1969-10-07 92 RW R TING Of TRt CITY COUNCIL October 7, 1969 1. Roconmsndations from Planning b Zoning Comissioni ZA-69-19, W. D. farrar ZA-89.20, W. R. Berk, lei. D. Now appo ntuents. III. Request for publishing legal notices by Mr. Leon Wounack. IV. dater Distribution System (fir. Bart Bradford of Carter & Burgess). V. first Department Report. Vt. Police Department Report. VII. City BusinesssljTaz Search and Transfers. 211equisition for purchse of two typewriters. 3)Requsst of Mr. Ratcliff re 1966 disannesation action of Council, (Oak Knolls area). City of !'-1f,-7,t akn, TAxas 137 By City C3Znxfl Action IWO" MINUTES OF THE OrdAir.ance No. n/- PUBLIC HEARING OCTOBER 19 1969 City Secretary The meeting was called to order at 7:40 PM by Mayor J. L. Clow in the City Hall of Southlake, Texas. Present for the Council: J. L. Clow, J. D. Cate, Jr., M. J. O'Brien, Wade Booker and W. B. Brown. ZA-69-17: A request for a change in zoning from Agriculture to Heavy Commercial on the property owned by Cecil Max Hinds, as per the attached plat, more fully described by metes and bounds as follows: Being a tract or parcel of land out of the S. Freeman Survey in Tarrant County, Texas, BEGINNING at a point 302.2 ft. East and 274.2 ft. North of the Southeast corner of the T. Mahan Survey, and being 124.5 ft. North of the West Northwest corner of a 1.754 acre tract described in deed from J. M Mitchell et ux, Angie Mitchell, to Wylie Allumbaugh, et ux, Helen, recorded in Vol. 3266, page 285, Deed Records of Tarrant County, Texas, said point being the North ROW line of County Road #1709; THENCE with the ROW line of County Road 1709 as follows: NORTH 48 deg. and 22 min. East, 100 ft; North 41 deg. and 46 min. East, 100 ft.; NORTH 35 deg. and 37 min. East, 100 ft.; NORTH 29 deg. and 20 min. East, 100 ft.; NORTH 23 deg. and 01 min. East, 100.ft.; NORTH 16 deg. and 58 min. East, 100 ft.; NORTH 9 deg. and 37 min. East, 100 ft.; and North 3 deg. and 38 min. East, 149.3 ft. to a point in the South line of State Hwy. 114; THENCE North 85 deg. and 37 min. West with the South line of State Hwy.114, a distance of 344 ft.; THENCE South 733 ft. to the point of beginning and containing 4.18 acres of land, more or less. After some discussion, Councilman W.Brawn made a motion that the request for H District zoning on the above-described property be granted; seconded by Councilman O'Brien. Carried unanimously. ZA-69-16: The request of W. H. Crumbaker to change the zoning from Agriculture to A-10 (Multi-family) on a two acre site out of Tract 4 of the Thomas M. Hood Survey, Abstract No. 706, located at the southwest corner with a set back of 132 feet from the east side of Jimison-Fowler Roa Adjacent property owners did not favo this c an e, e main objection being that such zoning wou ~~tBaSDii~ll atei Tie dential property nearby. Several other c tJt zevWPJWWin favor of it, citing the need for rental A1QWYf;*u6dhAb&*e. The Planning & Zoning Commission, at the ears on A8 -us roAtnance o. 26th, voted to deny this request. I City Secretary 138 Following much discussion pro and con, Councilman' Booker made a motion that this request, to change the zoning on the two acres in the southwest corner of .Tract 4 of the Thomas M. Hood Survey, Abstract No. 706, from Agriculture to A-10 (Multi-Family) be granted; seconded by Councilman Cate. The Mayor then called upon each Councilman to vote individually. The vote was as follows: Councilman Brown, For. Councilman Booker, For Councilman O'Brien, Against" Councilman Cate, For. The motion carried by a majority of three to one, over- riding the Commission's recommendation. (Mr. Crumbaker's immediate plans call for the con- struction of two four-plex units, one on each acre.) ZA-69-18: The request of James Harrell for a change in zoning from Agriculture to H District (Heavy Commercial) on the property owned by him, Raymond C. Davis and Joel M. Hedge, consisting of 4.9 acres known as Tract 3 of the John Childress Survey, Abstract No. 254, located ad- jacent to U.S.A.Tract #C228 on its north side and on the northwest corner of County Road No. 3061. Councilman Brown made a motion that this request be granted; seconded by Councilman Booker. The motion carried unanimously." (T Commission had recommended this change 644#46eitbiake, Texas APPROVED There j0pCJV&ffliAai0%u iness, the meeting adjourned. Ordinance No. / TL. ow, Mayor City eecretcry ATTEST Aliceanne Wallace City Secretary C op 6 Public Hearing 10/1/69.Pg. 93 r REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1969 r ' The City Council of the City of Southlake, Texas, met in regular session in the Council Chamber of City Hall on Tuesday, October 7, 1969, with the following members present: I J. L. Clow, Mayor Thurman Hearn, Mayor Pro Tem 14 J. D. Cate, Jr., Councilman Michael J. O'Brien, Councilman 114 W. B. Brown, Councilman A Wade Booker, Councilman IM4 Mayor Clow called the meeting to order at 7:40 P.M. 4 A The minutes of the last meeting were approved as read. Recommendations from the Planning & Zoning Commission were read by Mayor Clow pertaining to ZA 69 19, W. D. Farrar, and ZA-69-20, Dr. W. R. Berk. The Council was reminded that the public hearing on these matters is Wednesday, November 5th. Mayor Clow then read the letter received by the City from John R. Tate (attached hereto) wherein he tendered Id his resignation from the Planning & Zoning Commission as chairman and member. His resignation was regretfully accepted by the Council. Inasmuch as the resignation became the second vacancy on the Commission, the Mayor called for appointments to be made. Councilman Hearn made a motion to appoint Mrs. William Stickley and John Shelton to the Planning & Zoning Commission; seconded by Councilman Booker. The motion carried unanimously. The Grapevine Herald representative, Marie Clark, re- quested the Council to consider the Herald as the City's „s official newspaper publication and carry its legal notices. No action was taken by the Council at this time. Fire Department Report was made by Chief Bob Steele (copy attached). The Council was asked to examine literature on a resuscitator and also to be thinking about a new (or newer) fire truck. 94 CITY OF SOUTHLAKE, TEXAS !p PLANNING AND ZONING COMMISSION j, ~r TO: The City Council Southlake, Texas' Gentlemen: F At a regular public meeting of the Planning and Zoning Commission on Tuesday, September 23, 1969, at the Southlake City Hall, the Commission by unanimous vote, agreed to recommend to the City Council that the appli- cation for a change in zoning from Agriculture to H District (Heavy Commercial) by Dr. W. R. Berk, ZA-69- 20, on approximately 32 acres of land known as Tract 2 of the Richard Eads Survey, Abstract No. 481, and Tracts 5 and 5C of the Thomas Mahan Survey, Abstract No. 1049, be denied. 1W The Commission points out that this request is not in keeping with the Master Plan. No adjacent property owners appeared in person either for or against this request. Present for the Commission: Tate, Chairman Hargadine Williams Gonzalez Quinn Gordon P ih P 6 95 CITY OF SOUTHLAKE, TEXAS PLANNING AND ZONING COMMISSION RR k TO: The City Council Southlake, Texas Gentlemen: At a regular public meeting of the Planning and Zoning Commission on Tuesday, September 23, 1969, at the Southlake City Hall, the Commission, by unanimous vote, agreed to recommend to the City Council that the application of W. D. Farrar, ZA-69-19, requesting a change in zoning from Agriculture to H District (Heavy Commercial) be approved on the 69.14 acres of land known as Tract 6 of the Thomas Mahan Survey, Abstract No. 1049, with provision for fifty feet of right-of- way along the south line of SH 114 and also fifty feet of right-of-way on the east boundary of said tract, according to the proposed traffic loop in the City's Master Plan. The Commission points out that this request is in keeping with the Master Plan. No adjacent property owners appeared in person either for or against this request. Present for the Commission: Tate, Chairman Hargadine Williams Gonzalez Quinn Gordon d { OP, dv!',aL/ylt~G ' r. ~c2.000>' ./vGa?/ ..~~Q~1~-Gib 07tf/J .~G"'r'vri is l s 96 • CITY OF SOUTH LAKE INCORPORATED1956 ~11rr PHONE 289-2200 40 P. 0. BOX 868 Iq SOUTHLAKE. TEXAS 76051 4i October 7, 1969 aW Honorable Mayor and City Council 14 Fire Department report for the month of September House fires 1 (one) 40 Grass Fires 2 (two) Ad ~ Trash Fires 1 (one) Stand by Car Accident 1 (one) The average men responding to fires were 5 (five) men per call. Total men answering calls in September 24(twenty four) Total man hours 58 hours and 20 minutes C Meetings held in September 4 (four) Business meeting 1 (one) Drill meeting 1 (one) Work meetings 2 (two) Respectfully submitted, d R. P. Steele, Fire Chief RPS : nb arl *e all ar low - 97 Police Department Report was next given by Chief Doyle Ince (copy attached). Chief Ince then reported on the recent police convention he attended. He informed the ` Council the various seminars were highly informative and he felt much good was gained by attending. Title Search and Transfers was next on the agenda. This , monthly information keeps the tax roll current and it costs $10 monthly. Councilman O'Brien made a motion ' that this service be acquired; seconded by Councilman Cate. The motion carried unanimously. Typewriters were next discussed and Councilman Brown recalled that Council action had approved the purchase of a typewriter not too long ago but one was never ob- tained. However, two typewriters are now needed and the Council instructed the City Secretary to get them. W. N. Ratcliff has requested that the proper papers be° prepared disannexing his property as per Council action; at a meeting April 5, 1966, which never had been done. The City Attorney, Mr. W. D. Campbell, was instructed by the Council to prepare such an ordinance. Carter & Burxess, Inc. representatives, Mssrs. Bart Bradford and Jim Alewine, presented the engineering study made on the water distribution system designed to serve a population of 15,000. U's`ing a minimum size line of 6", a' well, pump station and 500,000 gallon overhead storage f tank was roughly estimated to cost the City $350,000.00. W City Attorney W. D. Campbell reported to the Council that on September 23rd an injunction suit for the City was filed in the 67th District Court against Robert L. McPherson. A" copy of the letter to Mr. McPherson's attorney, Al Clyde, to is attached hereto. Mr. Campbell stated the final hearing will be held in thirty to ninety days. W, rr There being no further business, the meeting adjourned. ATTEST: J. L. Clow, Mayor Aiiceanne Wallace, City Secy. 4P r Page 2 - 10/7/69 - 98 ftWWW 7, Alit Vi a. awe "I Mr cowwu ~kwr as =go og sopoAr "do" #"am la ; Avem In 6w %=we 'ruin" Uft" in tr"or&W M Oft boduA ~ oil am) pan "M in ftaft s low'" tints in p # 3*ftS.30 Elie Amgen" in Am"% A ~ ) I&A" in milluaft 3 0&0 *Mlbw ee sau is Aqpot Uo am bma" i sw WA16e ed 4"u in #npowbu In Om ~aniai oi~i NUw} Au" om ta SSW" 9*474 *U" +hr xm #a s 901" Wm6w oat Meow !as j*U la Aqpw i8 0400aw ximmi6w oat M #o io selplim"m at t s~ Cbs" go 0. in* a~:fir WILLIAM D. CAMPBELL ATTORNEY AT LAW RIVERSIDE STATE BANK BLDG. P. O. BOX 7254 FORT WORTH, TEXAS 76111 634-7422 7, 19609 Honorable Harris Brewster Judge, 67th District Court Civil Courts bldg. Port r!orth, Texas, 76102 No. 56393-C Re: City of Southlake vs. Robert Lee McPherson, et ux Dear Judge Brewster: This letter is to evidence the agreement of the parties to the subject cause, by and through their attorneys of record, to proceed in the subject case without the scheduled hearing on the temporary injunction requested by tho Plaintiff, City of 3outhlake. It is agreed that the Defendants -gill maintain the status quo in connection with the use of their property as conditions existed October 1, 1969. A final date will be requested convenient to both parties and such hearing will be considered as a final hearing on the Plaintiff's request for a permanent injunction. It is further agreed that this agreement is without prejudice to the rights of either party and is not intended to be an admission of liability on the part of the Defendants and the Plaintiff reserves the right to request a hearing on a temporary injunction on reasonable notice in the event the Plaintiff fads that the status quo is not being maintained by the Defendants as agreed hereunder. Rsspe tfully yours, William D. Campbell, Attorney for City of Southlake, Plaintiff Al Clyde, Attorney or De endants, Robert Lee McPherson and wife Dorothy McPherson