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1989-06-06 CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING June 6, 1989 7:30 p.m. Present: Mayor, Gary Fickes; Mayor Pro Tem, Betty Springer; Councilmembers: Pamela Muller, Ralph Evans, Rick Wilhelm and Sally Hall. City Staff Present: City Manager, Curtis E. Hawk; Director of Public Works, Bill LeGrand; Police Chief, Billy Campbell; City Engineer, Eddie Cheatham; City Attorney, Wayne Olson. Karen Gandy, zoning assistant was present for the zoning item. Invocation: Ralph Evans A work session was held beginning at 6:30 p.m. for the purpose of reviewing agenda items for tonight's meeting. A~enda Item #2. Approval of Minutes The minutes of the May 16, 1989, as modified. Motion: Wilhelm Second: Springer Ayes: Wilhelm, Springer, Hall, Nays: None Approved:5-0 vote city council meeting were approved Evans, Muller A~enda Item #3. Mayor's Report Mayor Fickes announced that last week, he, the City Manager, Mayor Pro Tem and Councilmember Muller, as well as other Southlake citizens met with County Commissioner Bob Hampton. Also present was Director of Public Works for Tarrant County and the person who is in charge of right of way purchases. They met in regards to the schedule for improvements to FM 1709. This has changed since last city council meeting. The schedule is now set for starting in March 1991, according to Hampton. Reasons for the change is the right of way will be acquired within eighteen (18) months. They are in the process of acquiring right of way now. There are one hundred twenty-two (122) parcels of land to be dealt with. Mayor Pro Tem Springer added that if there are any persons in the audience who own land along East Southlake Blvd. to contact the county personally for more information. Fickes gave an update on the Southlake Economic Development Council, stating they are working on an economic profile, which should be ready in the next couple of weeks, they are working in conjunction with TU Electric doing a video of Southlake. This is being funded by TU and SEDC. They are also working on a tax abatement program. City Council Minutes June 6, 1989 page two Agenda Item #3. Mayor's Report Continued The SEDC have expressed interest in meeting with Council work session to discuss these projects and other things. in a Fickes gave a brief report on the city's first auction, stating the net proceeds were over $23,000. He thanked Chief Campbell and Captain Jackson for the work they put into this project. Agenda Item #4. City Manager's Report Curtis Hawk, City Manager stated that in regards to the public auction, there is a price inventory report available for public inspection in the office of the City Secretary if anyone is interested in reviewing it. He stated that the schedule to begin reconstruction of South Carroll Avenue is July 12, 1989. In regards to the Southlake-Trophy Club Merger Study reported they met on June 3. If there is a merger, remain separate, due to the size of their debt. Committee, he the MUD will A meeting date was discussed for the next Joint City Council and School Board Meeting. He asked Council to flag a couple of days that would be good for them, so that something can be worked out. Agenda Item #5. Consent Agenda Resolution 89-39, City Council support of locating a post office within the City of Southlake. Springer moved to approved Resolution 89-39, with the change to read: the City Council supports and encourages establishment of a post office in Southlake immediately or at the earliest possible date. Motion: Springer Second: Wilhelm Ayes: Springer, Wilhelm, Hall, Evans and Muller Nays: None Approved: 5-0 vote. City Council Minutes June 6, 1989 page three Agenda Item ~6. Park and Recreation Board/Purchase Playground Equipment Curtis Hawk explained that the Park and Recreation Board sold advertising signs in an effort to raise funds for much needed playground equipment for Bicentennial Park. They have sold thirty (30) signs and request that the City Council approve their plan for expending the funds on the equipment. A copy of the site plan is attached to the minutes. Bethann Scratchard, secretary for the Park and Recreation Board made a short presentation explaining the areas in yellow on the plat are included in Phase I of the plan. She stated the board will remove the damaged equipment, also repairing equipment that is repairable. The equipment will be purchased from Shade Tree Inc., the that furnished the playground equipment for many area Bids are not necessary as the purchase will not be over the bidding requirement. company schools. $5,000 Councilmember Muller thanked the Park and Recreation Board for coming up with innovative ways to improve our parks. Councilmember Hall also expressed thanks to the Park Board. Motion was made to approve the Phase I plan for purchase of Playground Equipment with funds earned by the sale of advertising signs. Motion: Muller Second: Evans Ayes: Muller, Evans, Nays: None Approved: 5-0 vote. Springer, Wilhelm and Hall. Agenda Item #7. Ordinance No. 334-58, 1st reading. ZA 88-35, a zoning change request for H&S Properties, Inc. A 2.45 acre tract of land out of the Jesse G. Allen Survey, Abstract No. 18, Tracts 6C2 and 6ClA. Present zoning is Agricultural, the requested zoning is Industrial-1 on the east portion totalling 0.79 acres and Industrial-2 on the west portion totalling 1.615 acres. Karen Gandy, zoning assistant, made a presentation, explaining the property was annexed into the city in October, 1987. Letters were reissued due to the length of tabling of the item from the Planning and Zoning level. City Council Minutes June 6, 1989 page four A~enda Item %7 Continued Public Hearin~ George Staples- attorney for owners, applicants. He represents Leslie Hughes Trucking, Inc. He stated that north of the property in question, is another industrial complex. The owner wishes to continue the business he has been in for about five years. The area to the rear of the property does have outside storage. It was established that the hours of operation should not be a problem, in reference to the noise control ordinance. Leslie Hughes- Owner. He stated he received two citations before he was aware noise ordinance. He has not received any citations since. of the He stated he is trying to be a good neighbor. Councilmember Muller asked Mr. Hughes if he was familiar with the buffer yard requirement, in that a 8' masonry fence is required in the buffer yard ordinance. Mr. Hughes stated that the structures were all built before the property was in the city. City Attorney, Wayne Olson stated that a condition could be placed on the zoning application, that a buffer yard be placed on the property, this would be appropriate. Also, Mrs. Muller stated, the ordinance requires a minimum of five (5) acres on industrial zoning. Olson answered, since he has an existing business, in this case it would be grandfathered. Mr. Staples explained that they are trying to comply with the city ordinances, and that is why they are requesting zoning, instead of leaving the property in a nonconforming use status. Tim Farmer- 680 Davis Blvd. He lives 600' north of H&S Properties. He stated there is more residential than is shown on the plat. He stated the body shop is not currently occupied and they want it zoned Industrial-1. He stated that Leslie Hughes himself does not make noise, however, the tenants he has do make the noise. He asked that this be sent back to P&Z for Industrial-1 from the Industrial-2 requested. City Council Minutes June 6, 1989 page five ~enda Item #7 Continued Kathy Farmer-8815 Davis Blvd. She has the same comments as Tim Farmer. She also feels the zoning should be Industrial-1 for the entire tract of land. Morris Farmer- North of Tiffany Acres He stated that Tiffany Acres is between him and the property in question. He referenced Tiffany Acres problems and also stated that Brumlow Avenue also has the same problems, which are, industrial next to residential. Pascal White- South of H&S Properties. He represents his mother and other family members. What kind of restrictions would be on the wooden fence, or would it be masonry? Who would do the upkeep? He would want it kept in good shape. Councilmember Hall stated in reviewing the pictures presented tonight, she has problems. When City Council annexed the property, it was under temporary agricultural zoning. City Council worked hard to try and expand the zoning categories. This is an uncompatible zoning use; Industrial-2 next to residential zoning. I-2 uses are not good neighbors. Councilmember wilhelm stated that no matter what we do, if we deny this, the use will be there, with no control. This project would fall under buffer yard "H", allowing two types of fences- masonry or wooden. The bottom line is what way does the city council want this area to develop. We cannot stop proper and lawful use of the property. Do we want to wait 5-10 years until the use is abandon or zone it and have some control. The property owners reference Tiffany Acres, this is not Tiffany Acres but next door to it. Councilmember Muller feels that by going with a wooden fence, would be a variance to the buffer yard ordinance. She also referenced streets in the property and was told it was a private drive way. Bill LeGrand stated the only requirement the city would have on a private street is that it must be a dust free surface, which normally would be concrete or asphalt. Mayor Fickes stated it shows a lack of responsibility to do nothing with this zoning request. Control over it now is better for the city. City Council Minutes June 6, 1989 page six Agenda Item 7. Continued Motion was made to approve the zoning as Industrial-1 zoning district, with the condition that an eight (8)' masonry fence be built and the drive way be paved. We should enforce our zoning ordinance. Motion: Muller Motion died for lack of a second. Mayor Fickes read the caption of the ordinance as required by city charter. Motion was made to approve ZA 88-35, reading, the entire 2.45 acre tract of the zoning be contingent as indicated on the site plan and that the that is maintained in a dust free manner. Motion: Springer Second: Evans Ayes: Springer, Evans, Hall and Wilhelm Nays: Muller Approved: 4-1 vote. Ordinance No. 334-58, 1st land be Industrial-l, that upon a 8' stockade fence being installed driveway be a surface Mr. George Staples stated there is no way that the driveway can be a dust free surface, it is not practical to put concrete on the driveway and he knows of no other way to accomplish a dust free surface. Mayor Fickes asked the applicant to try to come up with surface and report to the next city council meeting, as reading will be heard on the ordinance. a dust free the second A~enda Item #8. Services Group. Certificate of Occupancy for Ail Freight Curtis Hawk explained that this item was placed on the agenda, however, since that time, a representative of the owner, Johnathan Hustis of FoxMeyer Corporation came forward and stated it is his understanding that the tenant will vacate the property within thirty (30) days. He added that they intend to comply with city ordinances and be good neighbors. Judy Edwards, Vice-President of Ail Freight Services, explained the situation leading to this meeting and stated there is no reason to proceed with the discussions as they have been evicted. City Council Minutes June 6, 1989 page seven Barry Emerson, Texas National Bank, encouraged the city to stay with Industrial-1 zoning in any area of the city, Industrial-2 has no place in Southlake with outside storage. Curtis Hawk stated the city was not acting on a complaint from the Mayor. He apologized if the city was less than professional in their actions on this matter. He stated it would be appropriate to not site them and give them thirty (30) days from this date to move from the location. Motion was made to deny the request for a certificate of occupancy for All Freight Services Group, 200 Bank Street and grant a thirty (30) day grace period until July 6, in order for them to vacate the property. Motion: Springer Second: Hall Ayes: Springer, Hall, Evans, Wilhelm and Muller Nays: None Approved: 5-0 vote Councilmember Muller reminded the occupants that they must comply with the Noise Control Ordinance. A~enda Item 99. Developers A~reement- Kimball/FM1709 Addition The Developers Agreement for the Kimball Avenue/FM 1709 Addition was discussed. Modifications discussed include adding item #4, to Section C- Streets. The following words will be added in this section, "nothing in this agreement will require the City of Southlake to construct Kimball Avenue". Motion was made to approve the Developers Agreement City of Southlake and Phillip Bressinck, for Avenue/FM 1709 Addition, with the addition of item #4 to C, Streets. Motion: Wilhelm Second: Muller Ayes: Wilhelm, Muller, Springer, Evans and Hall Nays: None Approved: 5-0 vote. between the Kimball Section City Council Minutes June 6, 1989 page eight Agenda Item #10. Resolution 89-38. Changing Meeting Date Resolution 89-38, changing the City Council meeting date 4, 1989 to July 5, 1989 was approved as presented. Motion: Springer Second: Muller Ayes: Springer, Muller, Evans, Wilhelm and Hall Nays: None Approved:5-0 vote from July A 10 minute recess was held at this time, with Council reconvening at 9:35 p.m. Agenda Item 11. Request for proposals for City Auditor City Manager, Curtis Hawk explained to Council that it is time to consider selecting a new auditor for the City of Southlake. He asked for authorization from Council to send out requests for proposals for the position. He also stated that he and the city finance officer would like to assist a team of two councilmembers in the selection process. Motion was made to authorize the City Manager to send for proposals for city auditor. Motion: Hall Second: Springer Ayes: Hall, Springer, Muller, Evans and Wilhelm Nays: None Approved:5-0 vote. out requests Agenda Item #12. Letter of Agr. with Arvida Communities The discussion continued from the last city council meeting in regards to the letter of agreement with Arvida Communities for off-site sewer facilities for Southwind Addition. City Manager, Curtis Hawk asked Council to consider the appointment of a technical review committee to assist the Planning and Zoning in establishing development policies for all public improvements. Council is to think on this and be ready for consideration of the item during the next city council meeting. Hawk added that Arvida Communities would like the agreement within the next thirty (30) days, according the John Levitt, engineer for Arvida. City Council Minutes June 6, 1989 page nine Agenda Item ~13. Discussion New Zoning Ordinance No. 480 During the discussion of the new zoning Councilmember Muller stated that tonight city identify some of the concerns in the ordinance. ordinance No. 480, council is trying to Public Comments Billy Farrar- 600 W. Park Row, Arlington. She is the owner of approximately 68 acres in the J.A. Freeman Survey and the Hall Survey. She explained that she was told there would be no change to her property as a result of this new ordinance or the new map, and found that there was a recommendation to change her zoning from Industrial to C-6 on her property next to Woodland Heights. She feels by this change it would be taking away the use of that property and it is an unworkable situation for them. Linda Goehman- 3200 Texas American Bank. She is the attorney for Vibra Whirl and started by stating in 1987 the city gave a permit from a site plan for the fuel terminal on the Vibra Whirl property. Because of the improvements on the property, it is the only use of the land. She does not want her client to loose his property rights. Milard Dilg- Realestate Broker. He is representing the owners of property located on FM 1709 and South Carroll Avenue. The owners asked him to protest the change in their zoning from Industrial to SF-1. He stated that a 38 acre portion is a filed subdivision known as Greenway Industrial Park. Jim Martin- 768 Bandit Trail, Colleyville. He does not agree with alot of uses in certain categories in the new zoning ordinance. The city is denying him uses. He lost his uses with the Retail-2 that the city placed on his property and now he does not agree with the C~3 Zoning District. He wants C-5 Zoning District. Councilmember Muller stated that the new ordinance covers districts like apartments, duplexes and etc. She asked the people in the audience to please make their neighbors aware so they can attend the worksessions and public hearings on this matter. City Council Minutes June 6, 1989 page ten Agenda Item #14. Public Forum Michael Totin- 1230 Taylor Street He stated several issues that he would like Council to look including: 1) He is concerned with Lonesome Dove Estates being built next to Emerald Estates, with no step down buffer lots. 2) He is requesting that sewer be put in Emerald Estates first, as they have more problems than anyone in the city. 3) He wants all new developments to have sidewalks. 4) He wants the speed limit on Hwy 114 to be raised to 55 mph, except for trucks. 5) He wants the speed limit on Carroll Avenue raised to 40 mph, also Dove Road 6) He wants Council support for a dress code change for Carroll ISD. into, Agenda Item #15. Executive Session An executive session was held pursuant to the Open Meetings Law, Article 6252-17, Section 2(e) and Section 2(g), under the provision dealing with Litigations and Personnel. (Refer to posted list of litigations and personnel). Mayor Fickes stated the reason for the executive session is for Council to discuss pending or contemplated litigations and personnel matters, including Boards and Commissions. A ten minute recess was held before Council convened in Executive Session at 10:50 p.m. Agenda Item ~16 and #17. Action Necessary Council reconvened in Public Session at 12:10 A.M. Mayor Fickes stated that no action is necessary as a result of items #16 and #17. on the agenda. Agenda Item #18. Resolution 89-35, Appt. to Park Board Motion was made to approve Resolution 89-35, naming Rick Roberts to the Park and Recreation Board. Motion: wilhelm Second: Springer Ayes: Wilhelm, Springer, Evans, Muller and Hall Nays: None Approved:5-0 vote City Council Minutes June 6, 1989 page eleven A~enda Item #19. Resolution 89-36, Appt. to MetroPort Resolution 89-36 Metroport. Motion: Springer Second: Hall Ayes: Springer, Nays: None Approved:5-0 vote. was approved, naming Mayor Gary Fickes to Hall, Evans, Muller and Wilhelm A~enda Item #20. Resolution 89-37, Appt. to SEDC Resolution No. 89-37 was approved, naming Rick Southlake Economic Development Council. Motion: Springer Second: Hall Ayes: Springer, Hall, Wilhelm, Evans and Muller Nays: None Approved:5-0 vote. Wilhelm to the A~enda Item #21. Adjournment With no Motion: Second: Ayes: Nays: Approved: 5-0 vote. further business, the meeting was adjourned. Evans Hall Evans, Hall, Muller, Springer, Wilhelm. None Mayor of Southlake ATTEST: ~%~,,...,,,,,,~ ~ - ~ ,,,,,~,~ ~ ~ [ ~'~',,,~ k~ , / J ~, , ~'~..~ .......... .?~'% I ~4,tZ~z~ ~ 1, ZIZ~ .: ~ ',.'~ City Secretary ~{ ~ ~ , z . a> , ( 1) --• rky (:. 11 411. r- a n , v■ = --s ....,. -7-.... I I [. I I \ r+ ........ — ,--, o---. , ) - r.. C .-' . , 0 • liJ - ■ . - - .. 6 .. ''''' t : ' , 1 Z I. S ' e-=. _ . i c' ' ■ -- ,.. _..--.. MIS. .■....■ t.. ...., rri c \,... 3 - ___-,- 1 - ... _ ,....._.; ...., I z --, _....... (t 2 \ >....) ._-. \I 4' Ctn n" .-/. ■ ' hil ,4 cu F \t ' ' 1-5 (1/(A ' JUN 1989 OFFICE OF 1 flACj LG L v Ctiu eb--WA. d- ' irYYLa-i4 0. D ,,_ ,,,,,, P JLA( --,0:,13------1 6 rL. -F.i 01„,-- - -L. `7 r'.)` -JF/s''—iA .k 1.-1('' �-`e- ,, 0 „,,,,„_ ,,,,,56 „00,.... 1 ' &AA kr Ea-k_ 13 j 1 0, - Tho-A--- ) k-z ...._• 4? -loon ( N/'-'" r v-,0:*._ City of Southlake, Texas OATH OF OFFICE STATE OF TEXAS: COUNTY OF TARRANT: CITY OF SOUTHLAKE: "I John Scoggan , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of BOARD OF ADJUSMENTS, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public I office or employment, as a reward to secure my appointment or the a confirmation thereof. So help me God." �t / A ig P i/4Z 1111111 wow SWOP TO AND SUBSCRIBED BEFORE ME, THIS THE DAY OF IL I 1989. /1 411' ary Ficke- Mayor , ATTEST: � 4i r 4 r u , `' y h L, p 4 , , � andra L. LeGrand / City Secretary ' '�ldYf973Y555551A City of Southlake, Texas OATH OF OFFICE STATE OF TEXAS: COUNTY OF TARRANT: CITY OF SOUTHLAKE: „ Robert Downard , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of BOARD OF ADJUSMENTS, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." (R6 SW N TO AND SUBSCRIBED BEFORE ME, THIS THE 42 DAY OF Ilgel: 'ary Fic -s Mayor ".° '9 ATTEST: ,. � -1 L. ° ` Aes, 4.,•: u la.441/4----- € !. ' , i: • -- i S andra L. LeGrand City Secretary City of Southlake, Texas OATH OF OFFICE STATE OF TEXAS: COUNTY OF TARRANT: CITY OF SOUTHLAKE: "I Art Sorenson , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of BOARD OF ADJUSMENTS, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." SWO N TO AND SUBSCRIBED BEFORE ME, THIS THE DAY OF 0(2/ 1989. ary ` Mayor ATTEST: he 4 " .andra L. LeGrand City Secretary City of Southlake, Texas OATH OF OFFICE STATE OF TEXAS: COUNTY OF TARRANT: CITY OF SOUTHLAKE: "I Jim Wooll , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of BOARD OF ADJUSMENTS, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." / `% SWQRN TO AND SUBSCRIBED BEFORE ME, THIS THE / 2- DAY OF iv /IL 1989. ..ry -- ckes Mayor ATTEST: ala6tx/iikeNt 'Sandra L. LeGrand City Secretary City of Southlake, Texas OATH OF OFFICE STATE OF TEXAS: COUNTY OF TARRANT: CITY OF SOUTHLAKE: „ James Devine , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of PLANNING AND ZONING COMMISSION, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." ? /Vil SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 8th DAY OF June 1989. r .ary ckes Mayor ATTEST: a � ¢ pp U ` � '0k, t i.z, A A - andra L. LeGrand `'- 't� `_ • City Secretary •' ,.. City of Southlake, Texas OATH OF OFFICE STATE OF TEXAS: COUNTY OF TARRANT: CITY OF SOUTHLAKE: "I ( .o , , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of PLANNING AND ZONING COMMISSION, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 8 th DAY OF June 1989. .reL r ary� icke - Mayor ATTEST: andra L. eGrand City Secretary °J;` City of Southlake, Texas OATH OF OFFICE STATE OF TEXAS: COUNTY OF TARRANT: CITY OF SOUTHLAKE: "I 0 °` - - -" , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of PLANNING AND ZONING COMMISSION, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." SW•' TO AND SUBSCRIBED BEFORE ME, THIS THE l/ DAY OF 1989. .o► ary Fickes Mayor ATTEST: /el 1";L-eteit- , / S ndra L. LeGrand City Secretary J .. SOUTHLAKE JOINT VENTURE Route 1, Box 20 Saltillo, Texas 75478 JUN 9SQ June 6, 1989 7r� Ct1Y L...E� ? ; MS. Sandy LeGrand City Secretary City of Southlake Southlake, Texas VIA HAND DELIVERY Re: Proposed zoning change to 68.667 acre tract, more or less, out of J.W. Hale Survey, Abstract 803, and the J.A. Freeman Survey, Abstract 529, in the City of Southlake, Tarrant County, Texas. Dear Ms. LeGrand: The undersigned owner of at least 20 percent of the property subject to the proposed C -6 buffer surrounding the Woodland Heights subdivision, which is scheduled for consideration by the Southlake City Council on June 6, 1989, formally protest the creation of said buffer pursuant to Local Government Code Section 211.006(d). Sincerely, SOUTHLAKE JOINT VENTURE BY: NAT IBBS Managing Venturor City of Southlake, Texas M E M O R A N D U M June 2, 1989 TO: Mayor and City Council Members FROM: William D. LeGrand, Director of Public Works SUBJECT: Delivery Service at 200 Bank Street Air Freight Delivery Service currently occupies a building located at 200 Bank Street. This property was originally zoned Light Industrial before zoning changes took place. This property then reverted back to Agricultural before Air Freight Delivery Service began operations. On May 15, 1989, the code enforcement officer notified the business operators of the following violations: 1) Zoning 2) No Certificate of Occupancy 3) Trucks parked across property line The inspector notified the business operators of these violations on May 15,1989, both verbally and with written forms. After returning to City Hall, a code violation letter was prepared and mailed to this address on Bank Street. Later this day, the business operators appeared at City Hall and filed applications for fire inspection and Certificate of Occupancy. On May 19, 1989, a code letter was mailed to the building owners using an address obtained from the tax role. This letter was returned as the owners had moved. Another letter was mailed on May 22, 1989 to an address obtained from the Henry S. Miller Reality. As of this date, no further action has been or will be taken until the City CouncAl has taken action on their request. / WDL / ew cc City Manager 4, : A- - All FRE1DNT S E R V C E S GROUP . AIR CARGO EXPRESS, INC. ALL FREIGHT SERVICES CORP. TARRANT AIR CARGO, INC. "L 666 . � THE COMPLETE PICKUP AND DELIVERY SERVICE ../•,73/(eY May 23, 1989 . L . d g So Sandra Le Grande 742 � City Secretary 14 9e J City of Southlake 64/ 7 ` 667 North Carroll Ave. Southlake, Texas 76092 Dear Mrs. Le Grane: 7 Air Cargo Express moved into a building located at 200 Bank St., Southlake on Monday May 15, 1989. That day, John Elkins, Inspector for the City of Southlake came out and gave us a Correction Notice saying we are in violation of zoning for this property. We were not aware of this and have a signed lease with Henry S. Miller giving us permission to operate on these premises. I went down to City Hall on Monday, May 15, 1989, to file for a Certificate of Occupancy. We were told a building inspector and fire inspector would be out on Tuesday, May 16. No one came out all week. I called on Monday, May 22, to see when the inspectors were going to be out. At that time I was told a letter had been sent to the owner of the building, Foxmeyer, and there would not be an inspector out here. I asked for a copy of the letter from Joan Baxter. I went to get the copy of the letter and then called Bruce Berman at Henry S. Miller whom we have the lease with. Mr. Berman talked to Bill Le Grande who suggested we write this letter. We would like to request a hearing before the City Council of Southlake to see if these matters can be resolved. Please let me know if I need to do anything further to set up the hearing. Thank you for your help. Sincerely, 1 Judy M. Edwards Vice President, Sales & Operations ao,I 1111■ P.O. BOX 371 • GRAPEVINE, TX 76051 • 1100 E. DALLAS RD. #310 • METRO 481 -4900 0 \ -..... 0 ' 7 / . '",. 0 - a• tr " ( I \ 1 - al 01;2, at Q 0•111.Q 0 0: i , ar0000 • o x...0' • - - •• -• • ' - . ar 0 ' Zi I) 0 _ , 0 - - 'el_ C ••-, r: ., t el Q < i: 4 _ 7-- =, _ 1 3 r i I = z - .., -Q- .0 --- Z 1 >e: "•-■ 'L ..... < ;.;...` „ '' Ciak ei3 —( . . . . - ,....", ....J a' ._ __ `VP I... , X _ X.• az 2.1 - _i , )''- .... _ < It IA& Art 07Z: r%S. II < t — — _ - ..t=,. :.,-, a,- uu, Kt' 41S-- _ EPF Ca re3- ".■ rff ' Nr --"" ... ..., • _... V. 4 1 1 5 II V 'a _ ; 1 ..e .0 , ilik t r c " I i ,-, E 11' I ' t.:; t )4 i 7,---- ..,-,,, - n '' :& um ,L .0-- .., ----AA- z — --- --1... - ... s ■ m ,. ...... _. =._- ____I 'i '--..... _ - o - 0 ...,_ •1 :_ - o Z N I _-. I ...... _ -7. I 1 4, rl I pis- - •-■ !;) x , Oorr .4 7 14+ 1 I 1 1- er) 4' : 1 1 , 4- -.: -bog- : -#.• 1 1 I I 4 I 7' t.tt,. • i - f. , -,, ! = i,.. .. A '■ I 1 ilia 7 --: id i 1 — - 77 - a Fz i ... - H ' I I I 1 t l 1 , 1 ---------- - ----- - Z - ._ ----1- n - 7.. === - 1 - . . . • . ,-- 1 . . . I f=a E=1 1 x ...5 MS I --1 A., A.. - FoxMeyer Corporation • June 6, 1989 Air Cargo Express, Inc. 200 Bank Street Southlake, Texas 76092 Re: Property at 200 Bank St., Southlake, Texas Dear Sir or Madame: This letter is sent pursuant to Paragraph 1.05 of the Lease Agreement between you as Tenant and Fox Computers, Inc. as Landlord, dated April 27, 1989. Fox Computers, Inc. hereby gives 30 days' written notice of the termination of that Lease Agreement, termination to be effective at midnight, July 6, 1989. This letter is sent with full reservation of any and all rights of Fox Computers, Inc. under the Lease Agreement. We look forward to your c mpany's prompt compliance with its :::;7 Jo athan K. Hu ti's sociate Counsel Original via Hand Delivery co890225 \Itralr2 FoxMeyer Corporation / P.O. Box 819067 / Dallas, TX 75381 -9067 / (214) 446 -9090