Loading...
HomeMy WebLinkAbout1980-02-05 Regular Meeting CITY OF GRAPEVINE, TEXAS AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 5 , 1980 AT 7 :30 P. M. COUNCIL CHAMBERS - 413 MAIN STREET � I. CALL TO ORDER � II. INVOCATION: Reverend Reford Nash First Presbyterian Church Grapevine, Texas III. CONSIDERATION OF MINUTES - (January 15 , 1980 & January 21 , 1980) IV. PUBLIC HEARING City Council to conduct a Public Hearing relative to the rate increase as requested by Texas Power and Light Company. V. CITIZENS REQUEST A. A representative of Oakcreek Estates to present a petition in regard to the zoning along Timberline. B. A representative of the Vineyard to present a petition in regard to the zoning along Timberline. � � VI. OLD BUSINESS I A. City Council to consider the recommendation of �'"""� the Planning & Zoning Commission relative to amendments to the zoning ordinance as it pertains to multi-family requirements and to set a date for a public hearing in regard thereto. B. City Council to consider an ordinance in relation to the City of Grapevine/City of Colleyville Boundary Contract relating to the disannexation of specified property. VII. NEW BUSINESS A. City Council to consider an ordinance providing for stop signs in certain specified locations . B. City Council to consider a resolution declaring the City' s estimated population. C. City Council to set the date for a public hearing in regard to an application to relocate a house. �}-� D. City Council to consider an amendment to Chapter Seven (7) , Section 129 of the Grapevine City Code pertaining to fence construction. E. City Council to discuss an amendment to the zoning ordinance in regard to specialty and novelty shops . F. City Council to consider an ordinance pertaining to the regulation of the locations of specialty and novelty shops . G. City Council to consider a resolution renaming �"' certain streets in the Kimberly Estates Subdivision. H. City Council to consider the transfer of ownership � of certain property. VIII. EXECUTIVE SESSION A. City Council to recess to the Conference Room to discuss personnel and real estate transactions pursuant to Article 6252-17 , V.A.T.C . S . , Subsections (f) and (g) . B. City Council to reconvene in the Council Chambers and take any necessary actions relative to personnel or real estate transactions . IX. ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C. S . AS AMENDED BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, THE REGULAR CITY �y� COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE i 1ST DAY OF FEBRUARY, 1980 AT 4:00 P.M. Cit ecr �,. ,:. � CITY OF GRAPEVINE, TEXAS EMERGENCY AGENDA ITEMS GRAPEVINE CITY COUNCIL TUESDAY, FEBRUARY 5, 1980 AT 7: 30 P.M. COUNCIL CHAMBERS - 413 MAIN STREET VII. NEW BUSINESS I. City Council to consider and award the bid for the purchase of one (1) back hoe front end loader combination. VIII. EXECUTIVE SESSION A. City Council to recess to the Conference Room to discuss pending litigation in accordance with Article 6252-17, V.A.T.C.S. Subsection (e) , Texas Civil Statutes . B. City Council to reconvene in the Council Chambers and take any necessary action relative to pending litigation. IX. ADJOURNMENT �.� � I � The above emergency agenda was prepared because immediate action is necessary to insure the health, safety, and general welfare of the citizens of the City of Grapevine, Texas . IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , �S AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE EMERGENCY AGENDA WAS PREPA RED AND POSTED ON THIS THE 5TH DAY OF FEBRUARY, 1980 AT 12:00 NOON. CITY SEC A �� � ,, STATE OF TEXAS � COUNTY OF TARRANT � CITY OF GRAPEVINE � The City Council of the City of Grapevine met in Regular Session on this the 5th day of February, 1980 at 7 : 30 p.m. ��,� with the following persons present to-wit : William D. Tate - Mayor David A. Florence - Mayor Pro Tem Charles Dunn - Councilman C . L. Oliver - Councilman William Shafer - Councilman Aulton Mullendore - Councilman Ted R. Ware - Councilman constituting a quorum with the following members of the City Staff: James L. Hancock - City Manager Bill Eisen - Assistant City Manager John F. Boyle, Jr. - City Attorney Shirley Armstrong - City Secretary CALL TO ORDER Mayor Tate called the meeting to order and welcomed those in attendance. INVOCATION � The Invocation was delivered by Councilman Aulton Mullendore. � MINUTES - January 15, 1980 & January 21, 1980 The first order of business was consideration of the Minutes of January 15 and 21, 1980. Mayor Pro Tem Florence made a motion to waive the reading of the Minutes and approve them as printed. The motion was duly seconded by Councilman Mullendore and prevailed by the following vote: Ayes : Tate, Florence, Oliver , Dunn, Shafer, Mullendore & Ware Nays : None �4 GRAPEVINE/COLLEYVILLE BOUNDARY, DISANNEXATION ORDINANCE The first order of business was for the City Council to consider an ordinance in relation to the City of Grapevine/City of Colley- ville Boundary Contract relating to the disannexation of specified property. The City Secretary read the caption of the ordinance and stated that it had been prepared for consideration on First Reading. �,,a. City Manager , Jim Hancock gave a brief history of the events leading to consideration of the proposed ordinance. �� Councilman Dunn, Chairman of the Boundary Committee advised that it was the recommendation of the Committee that the proposed ordinance be adopted. John Boyle, City Attorney noted that upon final reading of the disannexation ordinance, by both cities , they would then go forward under the Municipal Annexation Act to annex the particular � properties that had been disannexed. He noted that a public hearing would be required at that time. 02/05/80 Mayor Tate then asked if the City Secretary had any citizen' s requests relating to the matter. She answered "yes" , and read the foll�wing letter into the record: February 5 , 1980 Mayor and City Council ,� City of Grapevine, Texas In reference to the boundary between the City of Grapevine and the City of Colleyville, Texas . We object to being traded from Grapevine to Colleyville. Our property is in the Elizabeth Cox Survey between Highway 157 and Sparger Road and we were annexed over ten years ago into The City of Grapevine, Texas . We also have paid taxes to the City of Grapevine for the past ten years and we wish to remain in the City of Grapevine . The Government and Cities are supposed to repre- sent the desires of the people and we da not believe we have been represented fairly according to the boundary agreement. We were not even in- formed of this agreement until it was already in progress and we had to read about it in the Banner Newspaper. If the City of Grapevine really wants to settle the boundary line between Grapevine and Colleyville �w the only logical suggestion would be to annex the land on the east side of Roberts Road into the City � � of Grapevine. "� If you will notice on the petition that was presented to the City Council on March 2nd and March 3rd of 1979 the land owners on Roberts Road checked that they preferred to be annexed into the City of Grapevine and not Colleyville. Would you please reconsider the boundary lines again? Also if you will notice on your proposed boundary there are no roads through the boundary line which would make it unaccessible for the police to patrol the area. Yours truly, Robert A. McKown Frances McKown Mr. Jesse Woods , 2746 Manchester, then addressed the Council and expressed concern for those citizens being disannexed into Colleyville who were desirous of remaining in Grapevine. He �. stated that although he understood the legality of not being required to conduct a public hearing concerning disannexation, he felt the citizens of that area were being done a grave �u� injustice. He further noted that he felt the property Grape- vine was giving up to Colleyville was extremely valuable commercial property and noted that through taxes , other Grapevine citizens would have to subsidize that loss . He then appealed to the Council to vote against the proposed disannexation ordinance. 02/05/80 Mr. James E. Anthony, property owner in the area being considered for disannexation, voiced concern relative to the zoning status of property once disannexed into the City of Colleyville. He added that he would have preferred a choice relative to the city into which he was being annexed. Mayor Tate advised those in attendance that it was not the desire of the City of Grapevine to disannex anyone, especially those wanting to remain in the City. He then explained in detail some of the problems encountered in arriving at a decision and stated that he could not adequately explain the necessity of the City of Grapevine and other cities to solidify their boundaries based "`�' upon the present state of the law. Councilman Mullendore expressed sincere concern for those citizens wanting to remain in the City of Grapevine. He then asked for clarification from the City Attorney as to the Council ' s obli- gation as it related to the boundary agreement contract pre- viously entered into with the City of Colleyville. Councilman Dunn responded, in answer to the zoning question raised by Mr. Anthony, that the two committees agreed the existing zoning of the properties would enter into the comparable zoning category of the annexing city. He added that in one instance, concerning a specific use permit for alcoholic beverages , that Colleyville did not have a permit for alcoholic beverages , that Colleyville did not have a corresponding category, therefore, that property would become a non-conforming use in the City of Colleyville. _ In further clarification, the City Attorney explained that any use, regardless of the city in which it would be, would enter the City as a legal non-conforming use. He added that normally, �"~ upon initial annexation, property assumes its highest residential 3 category as agricultural use, and is looked upon as a temporary ;� zoning . He added that the only way property could be rezoned would be to follow the state statute under rezoning. He added, therefore, that the two cities could not contractually rezone property. He did note, however, that both municipalities could start the zoning process to coincide with the final passage of the annexation ordinance. Councilman Dunn responded to the question of not having a public hearing for disannexation consideration by stating that the purpose of a public hearing, whether required or not, was to receive input from the citizens . He added that on numerous occasions throughout the deliberations , citizens had been given an opportunity to voice their concerns . He noted too, in answer to a previous statement concerning the value of the land in question, that the greatest value of the exchange was not the value of the property, but the fact that the City of Grapevine would have a legal boundary, which is , without question, an essential matter. There being no further discussion, Councilman Dunn made a motion to approve the ordinance on first reading. The motion was duly seconded by Mayor Pro Tem Florence and prevailed by the following vote : ���r Ayes : Tate, Florence, Oliver, Dunn, Shafer , Mullendore and Ware Nays : None ORDINANCE N0. 80-6 AN ORDINANCE OF THE CITY OF GRAPEVINE PASSED PURSUANT TO TEX. REV. CIV. STAT. ANN. , ARTICLE 970a, THE MUNICIPAL ANNEXATION ACT, WHEREBY THE CITY OF GRAPEVINE AND THE CITY OF COLLEY- VILLE, TEXAS , AGREE TO AN ADJUSTMENT IN THEIR BOUNDARIES , SAID CITIES BEING ADJACENT ONE TO THE OTHER; PROVIDING FOR THE DISANNEXATION OF ALL PROPERTY REQUIRED TO EFFECTUATE THIS AGREE- MENT; PROVIDING THAT THE ORDINANCE DOES NOT 02/05/80 BECOME EFFECTIVE UNTIL AND UNLESS THE CITY OF COLLEYVILLE PASSES AN ORDINANCE INCORPORATING THE IDENTICAL PROVISIONS AND AGREEING TO THE IDENTICAL TERMS; ESTABLISHING A NON-WAIVER OF EXTRA- TERRITORIAL RIGHTS; AND PROVIDING A SEVERABILITY CLAUSE . PUBLIC HEARING - TEXAS POWER & LIGHT RATE INCREASE �, The next order of business was for the City Council to conduct a public hearing relative to the rate increase as requested by Texas Power and Light Company. Mayor Tate declared the public hearing open. Mr. Mike McKinney, Manager, Texas Power & Light Company, addressed the Council and outlined the texas of the request and the relating justifications . There being no questions from the Council, Mayor Tate asked if there were guests present who wished to speak in regard to the requested rate increase. Mr. J. J. Remelius , 404 Bluebonnet, Grapevine, and numerous other unidentified citizens asked questions of Mr. McKinney. The City Attorney noted that the City was participating in a rate study through the Texas Municipal League and that periodic reports would be forthcoming. He added that input would be prepared for the hearing before the Public Utility Commission. There being little other discussion, Councilman Mullendore � then made a motion, duly seconded by Councilman Shafer , to � close the public hearing . The motion prevailed by the � following vote : �.,�r Ayes : Tate, Florence, Oliver, Dunn, Shafer, Mullendore and Ware Nays : None CITIZENS REQUEST Oak Creek Petition - On Timberline Zoning The next order of business was for a representative of Oak Creek Estates to present a petition in regard to the zoning along Timberline. Mr. Steve Franks addressed the Council on behalf of the Oak Creek Homeowners Association. He explained that his purpose before the Council was to present a petition protesting the present zoning along the Timberline Road area. He then gave a brief history of the events leading to the submission of the petition. Mr. Franks noted that the petition had been signed by more than three hundred persons . The petition caption was then read into the record as follows : "We, the homeowners and residents of Oak Creek Estates , '�" Grapevine, Texas and executors of this petition, are strongly opposed to the proposed construction of additional apartments on Timberline Road. We hereby �"'°��` petition the City Council of Grapevine to instruct the City Staff to instigate a public hearing on the zoning of the entire Timberline Road area so that residents of the area may express their views to the zoning commission. " The original petition was then presented to the City Secretary, 02/05/80 Mayor Tate commented that the Planning & Zoning Commission had been making a study for the past several weeks relative to the zoning and the uses along Timberline and that a public hearing was scheduled on February 19, 1980 concerning primarily those areas with zoning conflicting with the uses in platted sub- divisions . He further advised that other zoning cases were contemplated after that date relative to other tracts of land �.:: in the same area. Upon the request of the Mayor, City Attorney John Boyle ex- plained the City' s legal position in regard to the upcoming zoning cases . Councilman Mullendore asked if a time limit had been placed on the moratorium relative to multi-family building permits in the Timberline area. A definite time period had not been determined, but the City Attorney answered that the moratorium could remain in effect during the reasonable length of time in which the zoning cases were being considered. Mr. Franks expressed concern that a date had not yet been set for a Public Hearing to consider the unplatted areas in the Timberline area. Planning & Zoning Commission Chairman, Duane Rogers responded by advising that the Commission was in the process of studying the areas in question and that a recommendation to the Council would not be forthcoming until zoning decisions had been made on February 19 , 1980 relative to the platted areas . An unidentified citizen asked if there was an error on the Zoning Map, how would proper zoning be determined. ��w 5 Mayor Tate answered that the zoning was established by ordinance and not by the zoning map. The Mayor then stressed to those '�� present that the area near the east end of Timberline, where numerous apartments were being built, has not been in error on the zoning map. An unidentified citizen asked for clarification of the events that would take place during the next thirty days . He added that not only was there concern about zoning , but also about a , request to revoke building permits issued relative to the apart- ment construction on Timberline. Mayor Tate noted that the building permit referred to had been issued in early December, 1979 and called upon the City Attorney to explain the City' s legal position. Attorney Boyle noted that it was his judgement that the City could not revoke the permit unless the permit expired of its own volition or if it was taken out not in conformity with the law as it existed at that time. He added that information provided him by the City Staff indicated that the permit does conform with the law of the City of Grapevine. �.� •, Upon the request of a citizen, Mayor Tate advised that the City Staff would again review the status of the building permit issued in an effort to make certain that the City had no legal alternative. PETITION - THE VINEYARD - TIMBERLINE ZONING The next order of business was for a representative of The Vineyard to present a petition in regard to the zoning along Timberline. 02/05/80 Mr. Don Bigbee, ��4 Windy Knoll, addressed the Council and advised that the residents of The Vineyard were concerned for the continued development of Grapevine, not just along Timberline, but the entire City, in a manner consistent and compatable with existing residential land use in an orderly and safe fashion. He added that these citizens wished to see overall developments which would foster and accrue assets to the City instead of long time liabilities . Mr. Bigbee continued to say that it was their desire to see the voices of the citizens of the Grapevine ,,,,�,� community represented through the Council ' s positive actions . He asked that the exploitation of developers , who were not residents of Grapevine be brought to an end. �� Mr. Bigbee then read into the record the caption of the petition as follows : We, the homeowners and residents of The Vineyard, Grapevine, Texas , formally organized as the Vine- yard Homeowners Association, and executors of this document, do hereby petition the City Council of the City of Grapevine, Tarrant County, Texas , to instruct the City Staff of Grapevine, Tarrant County, Texas to extend the current moratorium placed on the issuance of all building permits , other than single family dwellings , along Timberline Drive from State Highway 157 on the east end of Timberline Drive to Mustang Drive on the north end of Timberline Drive. We ask through the use of this petition that the moratorium remain in effect until a final hearing by the City Council on the current Timberline Drive rezoning study being conducted by the Planning & Zoning Commission for the City of Grapevine, Tarrant County, Texas at the instruction of the City Council during its January 8, 1980 regular Council meeting. *� � Secondly, we hereby petition the City Council to act with , speed in its decision on the re-zoning '"�` case along Timberline, as submitted by the Oak Creek Homeowners Association, and, therefore, formally request a final decision be made prior to the deadline for City Council candidate filing of March 5th. Mr. Bigbee then thanked each member of the Council, Planning & Zoning Commission and City Staff for patience and cooperation during the pursuit of this matter. He then offered their assistance should the Coundil deem it in the best interest of the City. The petition was formally presented to the City Secretary. Mayor Tate responded by noting that proposition number one was already in effect and that there was no attempt to defer the consideration of the matter past the filing date. He added that a recommendation would come from the Planning & Zoning commission before the Council could act and that he would hope they would be able to respond prior to March Sth. Mayor Tate then thanked those in attendance for their courtesy and invited them to attend the Public Hearing on February 19 , 1980. � In clarification, Councilman Dunn asked what constituted "beginning construction" with regard to the building permit ��,.� issued for the second phase of the proposed apartments on Timberline. City Attorney John Boyle responded by saying it was the issuance of the permit as far as being a vested right. He added that the permit itself would expire if something visible had not been done pursuant to construction. 02/05/80 Councilman Dunn advised that during a previous Council meeting, at which minimum square footage for apartment construction was discussed, there was an indication that Phase II of the apart- ments on the east end of Timberline would have to comply with the new square footage requirements had construction not begun. Councilman Oliver expressed the same concern as Councilman Dunn. City Attorney John Boyle stated that he did not recall responding that it would ,be construction as opposed to permit. "'�'"' Mayor Tate at that point indicated that a letter had been sub- mitted which needed to be read into the record by the City Secretary as follows : February 5, 1980 Gr.apevine City Council City of Grapevine C/0 Shirley Armstrong Ref: Rezoning of Timberline Road TO THE CITY OF GRAPEVINE : I would like to inform the Grapevine City Council that I am very much in favor of rezoning the property along both sides of Timberline from Multi-family and commercial usage to some form or more restrictive zoning. I personally would prefer to see the zoning allow for single family residences or the usage of �-- top quality duplexes with a 1500 square foot minimum per unit requirement. The usage of this type of 7 ' zoning would prevent the encroachment of "Cheap" � apartment complexes as has now been started on the eastern end of Timberline. At first I was not totally opposed to apartments on Timberline and was under the impression that our City Government would not allow for "Low Quality, Low Rent" apartments to be built next to an established neighborhood such as Oak Creek. However, since these types of apartments� are now under construction I would like to see that no more are started and that our property devaluation be minimized by the discontinuing of such building projects in our area. Our Oak Creek addition is too valuable to be ruined by hasty city planning that would allow for just "Any type of Multi-Family Dwelling" to be built at random along Timberline. Your assistance in the rezoning of Timberline is therefore requested. Thank you for your consideration. ����. � Stan Price � 2952 Oak Forest Grapevine, Texas 76051 The Council then recessed for a short period of time before reconvening in the Council Chambers with all members re- turning prior to any formal action. 02/05/80 ZONING ORDINANCE AMENDMENTS , APARTMENT SIZES The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission relative to amendments to the zoning ordinance as it pertains to multi family requirements and to set a date for a public hearing in regard thereto . � City Engineer, Jim Baddaker presented the study and recommendation of the Planning & Zoning Commission as follows in regard to minimum square footage required in multi family construction: ,,.�� Efficiency 600 Square Feet One Bedroom 800 Square Feet Two Bedroom 1000 Square Feet Three Bedroom 1250 Square Feet They also recommended that Chapter 7 , Section 2 of the Grapevine � City Code be reworded to read "whichever is more restrictive" . Following a lengthy discussion, Councilman Mullendore made a motion to instruct the City Staff to proceed with the necessary steps in scheduling a public hearing on March 4, 1980 to consider the Planning & Zoning Commission' s recommendations . The motion was seconded by Councilman Oliver and prevailed as follows : Ayes : Tate, Florence, Oliver, Dunn, Shafer, Mullendore & Ware Nays : None STOP SIGN ORDINANCE The next order of business was for the City Council to consider � an ordinance providing for stop signs in certain specified g locations . �,� The City Secretary read the caption of the proposed ordinance. City Engineer Jim Baddaker advised the Council that the two areas concerned were the Oak Creek Subdivision and the Grapevine Middle School area. He then provided audio visual aids to advise the Council of the intersections in question. There being little discussion Councilman Ware made a motion to adopt the ordinance. The motion was seconded by Councilman Dunn and prevailed by the following vote: Ayes : Tate, Florence, Oliver, Dunn, Shafer, Mullendore & Ware Nays : None ORDINANCE N0. 80-4 AN ORDINANCE AMENDING CHAPTER 23 , SECTION 30 OF THE CITY CODE OF THE CITY OF GRAPEVINE , TEXAS, BY ADDING STOP SIGNS AT CERTAIN LOCATIONS DESCRIBED HEREIN; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; RE- � PEALING CONFLICTING ORDINANCES ; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. ,���, RESOLUTION - POPULATION ESTIMATE The next order of business was for the City Council to consider a resolution declaring the City' s estimated population. 02/05/80 The City Secretary read the caption of the proposed resolution. City Engineer Jim Baddaker explained the formula for determining the estimated population and advised that the figure, as of January 1, 1980, was 15 , 955 . Councilman Oliver made a motion that the resolution be adopted. The motion was duly seconded by Mayor Pro Tem Florence and �:,,� prevailed by the following vote: Ayes : Tate, Florence, Oliver, Dunn, Shafer, Mullendore & Ware Nays : None ��,� RESOLUTION N0. 80-8 A RESOLUTION MAKING OFFICIAL FINDING AND DETERMINATION AS TO THE POPULATION AND NUMBER OF INHABITANTS OF AND WITHIN THE CITY OF GRAPEVINE, TEXAS AS OF JANUARY 1, 1980. PUBLIC HEARING DATE - HOUSE MOVING APPLICATION The next order of business was for the City Council to set the date for an application to relocate a house. The City Secretary advised that Joe L. Wright had submitted an application (HMA 80-1) to relocate a house, and recommended that a public hearing to consider that application be set for February 19 , 1980. Councilman Oliver made a motion to accept the recommendation of the City Staff and set the public hearing date for February 19 , 1980 . The motion was seconded by Councilman Ware and prevailed by the �� following vote: � �,;�, Ayes : Tate, Florence, Oliver, Dunn, Shafer, Mullendore & Ware Nays : None AMENDMENT TO FENCE ORDINANCE The next order of business was for the City Council to consider an amendment to Chapter Seven (7) , Section 129 of the Grapevine City Code pertaining to fence construction. The City Secretary read the caption of the proposed ordinance. , City Manager Jim Hancock advised that under the current ordinance citizens with raw land attempting to keep livestock within their boundaries had to construct six foot fences if they wanted barbed wire across the top. He noted that deletion of Chapter 7 , Section 129 , Subsection (e) would eliminate that necessity. There being little discussion Councilman Dunn made a motion to adopt the proposed ordinance providing for the deletion of the heretofore mentioned section. The motion was seconded by Councilman Mullendore and prevailed by the following vote : '��'�' Ayes : Tate, Florence, Oliver, Dunn, Shafer, Mullendore & Ware Nays : None .� ORDINANCE N0. 80-3 AN ORDINANCE AMENDING CHAPTER 7 , SECTION 129 OF THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS RELATING TO FENCE CONSTRUCTION BY RE- PEALING SUBSECTION (E) ; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EMERGENCY. 02/05/80 AMEND ZONING ORDINANCE - SPECIALTY & NOVELTY SHOPS The next order of business was for the City Council to discuss an amendment to the zoning ordinance in regard to specialty and novelty shops . City Attorney John Boyle explained that an ordinance had been prepared relative to the regulation of the sale of items used as paraphernalia for drug users . He explained that it was his recommendation that in conjunction with the ordinance, the comprehensive zoning ordinance be amended to require a specialty and novelty shop to obtain a Specific Use Permit. �`"� Councilman Dunn then made a motion to accept the recommendation of the City Attorney and instruct the City Staff to proceed with steps necessary to conduct a public hearing with regard to the proposed zoning ordinance change. The motion was seconded by Councilman Oliver and prevailed as follows : Ayes : Tate, Florence, Oliver, Dunn, Shafer, Mullendore & Ware Nays : None ORDINANCE - SPECIALTY AND NOVELTY SHOPS The next order of business was for the City Council to consider an ordinance pertaining to the regulation of the locations of specialty and novelty shops . The City Secretary read the caption of the proposed ordinance. Councilman Ware made a motion that the ordinance be adopted. The motion was seconded by Councilman Mullendore and prevailed as follows : �, Ayes : Tate, Florence, Oliver, Dunn, Shafer, Mullendore & Ware �D Nays : None '°`��' ORDINANCE N0. 80-5 AN ORDINANCE OF THE CITY OF GR.APEVINE, TEXAS , PROHIBITING OPER.ATION OF RETAIL STORE SALES CONSISTING PRIMARILY OF SPECIALTY AND NOVELTY ITEMS AS DEFINED HEREIN WITHIN 1000 FEET OF A CHURCH, PUBLIC OR PRIVATE ELEMENTARY OR SEC- ONDARY SCHOOL, KINDERGARTEN OR ELEMENTARY DAY CARE SCHOOL, A DISTRICT ZONED R-1 SINGLE FAMILY DWELLING DISTRICT, R-2 TWO FAMILY DWEL- LING DISTRICT, R-3 MULTI FAMILY DWELLING DIS- TRICT BY THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, OR A DISTRICT USED FOR SINGLE FAMILY DWELLINGS, TWO FAMILY DWEL- LINGS AND MULTIPLE FAMILY DWELLINGS , OR A PUBLIC PARK, COLLEGE, JUNIOR COLLEGE OR UNI- VERSITY WHETHER PRIVATE OR PROPRIETARY; PRO- VIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO HUNDRED � DOLLARS ($200) AND DECLARING AN EMERGENCY. STREET RENAMING - KIMBERLY ESTATES �,� The next order of business was for the City Council to consider a resolution renaming certain streets in the Kimberly Estates Subdivision. The City Secretary read the caption of the proposed resolution. 02/05/80 It was noted that currently there were three streets in the Kimberly Estates Subdivision with conflicting names in the Russwood Subdivision. It was therefore recommended that the following changes be made in Kimberly Estates : Robin Drive to Kimberly Drive �" ' Wren Drive to Cardinal Drive Wren Court to Cardinal Court �::,; Councilman Mullendore made a motion, seconded by Councilman Shafer to adopt the resolution. The motion prevailed by the following vote: Ayes : Tate, Florence, Oliver, Shafer, Dunn, Mullendore & Ware Nays : None RESOLUTION N0. 80-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, RENAMING CERTAIN STREETS IN THE KIMBERLY ESTATES SUBDIVISION IN ACCORDANCE WITH ATTACHED MAP; AND PROVIDING AN EFFECTIVE DATE. TRANSFER OF PROPERTY OWNERSHIP The next order of business was for the City Council to consider the transfer of ownership of certain property. Police Chief Bill McLain advised that it was the desire of his ��.�,� department to transfer ownership of the below described items from the Grapevine Police Department Benevolent Fund to the �� ' City of Grapevine: � 1. (94) Assorted police badges 2. (8) Lanier pocket recorders w/100 tapes 3. (1) Exercycle 4. (4) Gymn mats 5. (1) Speed bag 6. (1) Body bag 7 . (4) Pairs of punching bag gloves 8. (2) Jump ropes 9. (1) Pro Gymn weight machine 10. (1) Pro Gymn Extender machine Total value of above property is about $10, 500. Following a short discussion, Councilman Oliver made a motion to accept the property. The motion was seconded by Councilman Mullendore and prevailed by the following vote: Ayes : Tate, Florence, Oliver, Shafer, Dunn, Mullendore & Ware Nays : None ,�;_� BID AWARD - BACK HOE The next matter to come before the Council was to consider and award the bid for the purchase of one back hoe front end loader = combination. Assistant City Manager Bill Eisen advised the Council of the following bid tabulation. 02/05/80 Without With Trade-In Trade-In Ben Griffin Tractor Co. $18 , 566 . 03 $14, 566 . 03 (Ford) Hatcher Tractor Co. , Inc. $21, 620. 89 $15 , 020. 89 (Massey-Ferguson) � Trinity Equipment Co. $19, 000. 00 $17 ,000. 00 (John Deere) �.,� Clemons Tractor Co. $18 ,461. 81 $17 ,000 . 00 (Ford) He advised that it was the recommendation of the City Staff that the bid be awarded to Ben Griffin Tractor Company in the amount of $14, 566. 03 . Councilman Mullendore made a motion to accept the recommendation of the City Staff and award the bid to Ben Griffin Tractor Company in the amount of $14, 566 . 03 . The motion was duly seconded by Councilman Shafer and prevailed as follows : Ayes : Tate, Florence, Oliver, Shafer, Mullendore, Dunn & Ware Nays : None EXECUTIVE SESSION The next order of business was for the City Council to recess to the Conference Room to discuss pending litigation, real estate transactions and personnel in accordance with Article 6252-17 , V.A.T. C. S. , Subsections (e) , (f) , and (g) . Following the Executive Session the Council reconvened in the �� Council Chambers and took the following action in regard to ,�,,,,�, personnel: Assistant City Manager Bill Eisen briefly reviewed a concessionaire agreement between the City of Grapevine and Louis Scott Tarwater and William Farmer. Mayor Pro Tem Florence made a motion that the agreement be approved and properly executed. The motion was seconded by Councilman Ware and prevailed as follows : Ayes : Tate, Florence, Oliver, Shafer, Mullendore, Dunn & Ware Nays : None In regard to litigation, Mr. Eisen advised that a lawsuit had been filed against numerous school districts and cities in Tarrant County by the City of Arlington pertaining to the method of selection of the Board of Directors of the Tarrant County Tax Appraisal District. He added that a resolution had been prepared naming and authorizing three attorneys to represent all those named in the suit who were desirous of joint representation. The City Secretary read the caption of the proposed resolution. '�` Councilman Mullendore made a motion that the resolution be adopted. The motion was seconded by Mayor Pro Tem Florence w � � and prevailed as follows : Ayes : Tate, Florence, Oliver, Shafer, Mullendore, Dunn & Ware Nays : None 02/05/80 RESOLUTION N0. 80-9 A RESOLUTION OF THE CITY COUNCIL OF GRAPEVINE, TEXAS APPOINTING COUNSEL AND PROVIDING FUNDING FOR DEFENSE OF A CERTAIN LAWSUIT ENTITLED "CITY OF ARLINGTON V. MADRIN HUFFMAN, et at. " �,,.�. ADJOURNMENT There being no further business to come before the Council , � Councilman Oliver made a motion to adjourn. The motion was seconded by Councilman Mullendore and all in attendance voted aye. PASSED AND APPROVED on this the-�--�=-day of , 1980. .������ � MA OR ATTEST: ,�,.,,, 13 . �..� C T T �K� �