HomeMy WebLinkAbout1977-08-02 Regular Meeting )��)
CITY OF GRAPEVINE, TEXAS
AGENDA
REGULAR CITY COUNCIL M�ETING
TUESDAY, AUGUST 2, 1977 AT 7:30 P.M.
COUNCIL CH�MBERS - 413 MAIN ST.
I . CALL TO ORDER
II . INVOCATION - Councilman Gideon
III . CONSIDERATION OF THE MINUTES (July 19, 1977)
IV. CITIZENS REQUEST AND�OR MISC. REPORTS & DISCUSSIONS
V. OLD BUSINESS
A. City Council to consider the recommendation of
the Planning & Zoning Commission concerning Zoning
Application Z77-16 and an ordinance relating there-
to. (Rpplicant - Wright Construction Company)
B . City Council to consider the recommendation of
the Planning & Zoning Commission concerning
Zoning Application Z77-17 and an ordinance
relating thereto. (Applicant - Hugh Waite dba
157 Enterprises)
C. City Council to consider the recommendation of
the Planning & Zoning Commission concerning Zoning
Rpplication Z77-18 and an ordinance relating there-
to . (Applicant - Dr. P.E. Whittlesey, Austin Patio
- Ranch)
D. City Council to consider an agreement relating to
construction and financing of a sanitary sewer
line as requested by Mr. Larry F. Lightner.
E. City Council to consider appointments to the
Charter Amendment Committee .
F. City Council to consider appointments to the
Planning & Zoning Commission.
VI . NEW BUSINESS
City Council to consider the City of Grapevine Tax
Roll for 1977.
VII . EXECUTIVE SESSION
A. City Council to recess to the Conference Room to
discuss litigation pursuant to Article 6252-17,
Section 2 (e) , Texas Civil Statutes .
B . City Council to reconvene in the Council. Chambers
and take any necessary action relative to litigation.
VIII . ADJOURNMENT
IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S„ AS AMENDED BY
CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION,
1969, THE REGUL�AR CITY COUNCIL MEETING AGENDA WAS PREPARED
AND POSTED ON THIS THE 29TH DRY OF JULY, 1977 AT 4:30 P.M.
CIT SECR A Y
STATE OF TEXAS X
COUN'I'Y OF TARRANT X
CITY OF GRAPEVINE X
The City Council of the City of Grapevine, Texas convened in
regular session at 7:45 P. M, on this the 2nd day of August,
1977, with the following members present to-wit:
William D� Tate Mayor
Doil Dalton Mayor Pro-tem
Charles Gideon Councilman
Willis Pirkle Councilman
David Florence Councilman
Charles Dunn Councilman
constituting a quorum with Councilraan Larry 0liver absent, with
Floy T. Ezell City Manager
James L. Hancock Assistant City Manager
Ben Brooks Acting City Attorney
Shirley Armstrong City Secretary
Mayor Tate called the meeting to order.
The Invocation was delivered by Councilman Charles Gideon. �
The first order of business was consideration of the minutes of
July 19, 1977. Councilman Dunn made a motion to accept the
;� minutes as printed. The motion was seconded by Councilman
Pirkle and prevailed by the following vote:
Ayes : Tate,Dalton, Gideon, Florence, Dunn and Pirkle
Nays : None
Absent : Councilman Oliver
The next order of business was consideration of citizens requests.
Mayor Tate recognized Rev. Jerry McClelland who had asked permission
to speak in relation to Zoning Application Z77-17.
Rev. McClelland stated that he wished to express opposition to
Mr. Hugh Waite's request for on premise consumption of alcoholic
beverages on property located at 1205 West Northwest Highway.
Rev. McClelland advised that the First Assembly of God Church
was planning to construct an arobic center, with a chapel, that would
be approximately 245 feet from the property in question. He asked
that the Eouncil take his views into consideration when making a
decision concerning the requested zoning. :
The next order of business was for the City Council to consider
the recommendation of the Planning and Zoning Commission concerning
Zoning Application 277-16 and an ordinance relating thereto. The
applicant was Wright Construction Company.
. Assistant City Manager, Jim Hancock reported that Mr. Wright had
filed a zoning application to have two tracts of land (North of
Oak Creek Estates) rezoned from "R-2" and "R-3" to "R-1" Single `!
Family Dwelling District. He added that the Planning and Zoning
Commission had reviewed the application on July 26 and unanimously
recommended approval as requested.
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The City Secretary read the caption of the proposed ordinance.
� Councilman Dalton made a motion to accept the recommendation of r
the Planning and Zoning Commission and adopt the ordinance. The .
motion was seconded by Councilman Florence and prevailed by the �
following vote: �
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Ayes . Tate, Dalton, Florence, Gideon, Dunn and Pirkle
Nays . None
Absent : Councilman Oliver
ORDINANCE NO. 77-34
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AN ORDINANCE ANIENDING ORDINANCE NO. 70-10, THE �;
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF €
GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS TITLE
10 OF THE CITY CODE OF GRAPEVINE, TEXAS GRANTING �
A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS �
BEING TWO TRACTS OF LAND LYING AND BEING SITUATED =
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IN TARRANT COUNTY, TEXAS, BEING A PART OF THE
W. D. SHEPHTsRD SURVEY, A-1394 IN THE CITY OF �
GRAPEVINE, TEXAS MORE FULLY AND COMPLETELY
DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING
A CHANGE IN THE USE OF TRACT I FROM "R-3" MULTI
FAMILY DWELLING DISTRICT TO "R-1" SINGLE FAMILY �
DWELLING DISTRICT AND TRACT II FROM "R-2" TWO �'
FAMILY DWELLING DISTRICT TO "R-1" SINGLE FAMILY �
DWELLING DISTRICT; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE {
ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO
SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST, '
MORALS AI�ID GENERAL WELFARE DEMAI�ID A ZONING CHANGE
AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY;
AND DECLARING AN EMERGENCY.
The next order of business was for the City Council to consider the
recommendation of the Planning and Zoning Commissio� concerning
Zoning Application Z77-17 and an ordinance relating thereto.
The applicant was Mr. Hugh Waite dba 157 Enterprises. The Assistant
City Manager explained that the applicant was requesting the property ?;
located 1205 West Northwest Highway be changed from "C-2" Community
Business District to "SP" Specific Use Permit District for on
' premise consumption alcoholic beverages, incidental to the operation ;
' of a restaurant, and other uses as permitted under "C-2" Community
Business District. He further stated that the Planning and Zoning '4
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Commission reviewed the application on July 26, and recommended �
approval by a vote of three in favor, and two against the requested
zoning.
The City 5ecretary read the caption of the proposed ordinance.
Mr. Waite, the applicant, made a short statement, saying that it
was his intent to conduct his business in the best possible manner
and in accordance with city ordinances. He added that it was not
his desire to bring any type business into Grapevine that would
not be well received.
Councilman Florence asked what the required distance was between a
church and an establishment serving alcoholic beverages. The �
Assistant City Manager answered that it was 300 feet, the measurements
to be along the property lines of the street fronts and from front
door to front door. He then clarified that in Rev. McClelland's
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previous statement, a "proposed" chapel was referred to as being
within the 300 foot distance.
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The City Attorney then stated that the three-hundred foot requirement
referred only to existing structures.
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Councilman Gideon then made reference to a letter from Traffic Safety �
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Coordinator, Tom Pettigrew which indicated that the south exit from �
the proposed restaurant would coincide with the intersection of �
Wall Street and Dove, thereby creating a traffic hazard. �
Several Councilmen then expressed concern that the bar area of the �
• proposed establishment was considerably larger than the restaurant 4
area and that type facility may not be in the best interest of the �
city.
Mr. waite then asked that his application be tabled allowing him
sufficient time to discuss the problems with his partners and : �
possibly submit another set of building plans. �
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The Mayor asked the City Manager if, under those conditions, Mr. �
Waite would have to pay another $90.00 filing fee. Mr. Ezell e
answered that the only additional expense to Mr. Waite would be i
the cost of readvertising for a public hearing. �
Council.man Gideon then made a motion to table consideration of the
item pending submission of a secondary plan. The motion was seconded
; by Councilman Florence and prevailed by the following vote:
Ayes . Tate, Florence, Gideon, Pirkle and Dunn
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Nays . Dalton �
Absent : Councilman Oliver �
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The next order of business was for the City Council to consider j
the recommendation of the Planning and Zoning Commission concerning �
Zoning Application Z77-18 and an ordinance relating thereto. I
The applicant was Dr. P. E. Whittlesey, dba Austin Patio Ranch. �
Assistant City Manager, Jim Hancock explained that the applicant �
had requested that two tracts of land (Austin Patio Ranch) be �
changed from "I-1" Light Industrial District to "SP" Specific Use
Permit District for on premise consumption alcoholic beverages.
He added that the Planning and Zoning Commission had reviewed the
, application on July 26, and recommended approval by a vote of three
ayes and two nays. �
The City Secretary then read the caption of the proposed ordinance. �
Councilman Gideon made a motion to accept the ordinance as read.
After a short discussion, the motion was seconded by Councilman
Dunn and prevailed by the following vote:
Ayes . Tate, Dalton, Gideon, Florence, Dunn and Pirkle
Nays . None
Absent : Councilman Oliver
ORDINANCE N0. 77-35
AN ORDINANCE AMENDING ORDINANCE NO, 70-10, THE COMPREHENSIVE ',
20NING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS,
SAME BEING ALSO KNOWN AS TITLE 10 OF THE CITY CODE
OF GRAPEVINE, TEXAS GRANTING A ZONING CHANGE ON A TRACT
OF LAND DESCRIBID AS BEING TRACT I AI�ID TRACT II,
LYING AND BEING SITUATED IN TARRANT COUNTY, TEXA5,
BEING A PART OF THE A. W. ANDERSON SURVEY, ABSTRACT
26, AI�ID THE H. SUGGS SURVEY, ABSTRACT 1414, IN THE
CITY OF GRAPEVINE, TEXAS MORE FULLY AI�ID COMPLETELY
DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING
A CHANGE IN THE USE OF SAID PROPERTY FROM "I-1"
LIGHT INDUSTRIAL DISTRICT TO "SP" SPECIFIC USE
PERMIT DISTRICT FOR ON PREMISE CONSUMPTION OF
ALCOHOLIC BEVERAGES, INCIDENTAL TO THE OPERATION
OF A DUDE RANCH AS PER THE ATTACHID SITE PLAN AI�ID
OTHER USES AS PERMITTID UNDER "C-2" COMMUNITY BUSINESS
DISTRICT; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL 0`i'HER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING
THAT THE PUBLIC INTEREST, MORAL5 AI�ID GENERAL WELFARE
DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE:
PROVIDING .� PENALTY; ADID DECLARING AN EMERGENCY.
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The next order of business was for the City Council to consider
an agreement relating to construct'ion and financing of a
sanitary sewer line as requested by Mr. Larry F. Lightner. k
Assistant City Manager Jim Hancock stated that Mr. Ben Brooks,
Acting City Attorney, would outline the proposed agreement. �
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; Mr. Brooks stated that the agreement basically provided that the =;
City would provide engineering plans, take bids, and upon concurrence �
from Mr. Lightner that the project would proceed as scheduled,
would award the contract for construction. He explained that "
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Mr. Lightner's financial obligation to the city would be based `
upon the actual cost of the bid as awarded, less the amount of
pro rata that the city would be entitle� to receive from the
property along the line, at $2.00 a lineal foo�. He added that
Mr. Lightner's financial obligation would be reduced as development x
occurred in the area over a two year period. He noted that a
formula for computing that obligation was contained within the
contract.
Mayor Tate noted that there were some blanks not filled in the
agreement relative to dates and costs. The City Attorney answered
i that the Council could authorize the Mayor to execute the agreement
� with the provision that the appropriate blanks �e. fille� in.
Councilman Dunn then made a motion to authorize the Mayor to enter
into a contract with Mr. Larry Lightner for construction of a
sanitary sewer line and that the appropriate blanks in the
agreement be filled. The motion was seconded by Councilman Gideon
and prevailed by the following vote:
Ayes . Tate, Gideon, Florence, Dalton, Dunn and Pirkle
Nays . None
Absent : Councilman Oliver
The next order of business was for the City Council to consider
appointments to the Charter Amendment Committee. Mayor Tate
stated that no names had been submitted to the City Secretary �
for consideration. It was noted that five members needed to be
appointed.
"Y.
Mayor Tate stated that consideration of appointments to the Charter
Amendment Committee were in order. `
Councilman Gideon nominated Jesse Woods.
Councilman Florence nominated Floyd Deacon. �
Councilman Gideon nominated Bill Yancy.
After a short discussion Councilman Pirkle suggested that the item `
be tabled pending a list of names for consideration.
Mayor Tate stated that Councilman Oliver had requested the commi�tee
and that he might possibly have some names for consideration at the ;
next meeting.
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Councilman Pirkle stated that he would put into the form of a motion
his suggestion to table the item until the next regular meeting. The
motion was seconded by Councilman Gideon and prevailed by the �
following vote:
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Ayes . Tate, Dalton, Gideon, Florence, Pirkle and Dunn
Nays . None
� Absent : Councilman Oliver
The next order of business was consideration of appointments to the
Planning and Zoning Commission.
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Mayor Tate stated that�six names had been submitted for consideration
plus any names that Council members wanted to suggest.
The City Secretary advised that two places were open on the Planning
and Zoning Commission and that both terms expired in April, 1979. �
Mayor Tate declared nominations in order,
Councilman Dunn nominated Dr. Jerry Burgess. There were no
further nominations. Councilman Florence made a motion that
nominations cease and Dr. Burgess be appointed by acclamation.
The motion was seconded by Councilman Dalton and prevailed by the
following vote:
Ayes . Tate, Gideon, Florence, Dalton, Pirkle and Dunn
Nays . None
Absent : Councilman Oliver �
Mayor Tate declared that nominations to fill the second vacancy
on the Planning and zoning Commission were in order.
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Councilman Charles Gideon nominated Mr. R. O. "Bob" Stewart. There �
were no further nominations. Councilman Dunn made a motion that
nominations cease and that Mr. Stewart be appointed by acclamation.
The motion was seconded by Councilman Dalton and prevailed by the
following vote:
Ayes . Tate, Dalton, Gideon, Florence, Pirkle, and Dunn
Nays . None
Absent : Councilman Oliver
The next order of business was for the City Council to consider the
City of Grapevine Tax Roll for 1977. The City Manager explained �
that the Board of Equalization met on July 25, 1977 and approved a
tax roll of $101,459,992. He then added that a copy of the minutes
of that meeting had been provided each Councilman. He further
stated that there was an increase of $�4,692 above last year's
tax roll.
He advised that the raw land in the southeastern section of the �
city had been re-evaluated or lowered by $8,000,000 and that the �
northwestern area of the city had been increased by $2,000,000. I
He further advised that around $6,000,000 had been added to the ',
tax roll because of new construction. He then stated that the '
DFW Airport property had increased by approximately $1,500,000. '
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Mayor Tate asked if the homes re-evaluated in the residential �
area in the northwestern section of the city were now valued �
comparatively with other areas in the city. The City Manager
answered yes.
After a short discussicn, Councilman Pirkle made a motion to adopt �
the tax ro11 in the amount of $�.01,459,992. The motion was �
seconded by Councilman Dalton and prevailed by the following vote: �
Ayes . Tate, Dalton, Gideon, Florence, Pirkle and Dunn �
Nays . None
Abssnt : Councilman Oliver �
The City Council then recessed to the Conference Room to discuss
litigation pursuant to Article 6252-17, Section 2 (e) , Texas Civil
Statutes.
The City Council then reconvened in the Council Chambers to take
any necessary action relative to the previously discussed litigation.
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Mayor Tate commented that the City Council had a request for a ;
legal opinion from Mr. Hugh Waite, wYio held a franchise for a s'
taxi-cab serviee in the City of Grapevine. Mr. Waite had
inquired as to whether or not he was entitled to serve that
portion of the city within DFW Airport. The Mayor stated that
under a city ordinance adopting the Rules and Regulations of ;
the BFW Airport, a permit was required from a taxi-cab holder
to pick up at DFW Airport. He added that apparently Mr. Waite
' had not yet applied for that permit.
There was no discussion. No action was taken,
The City Manager then asked if a meeting could be planned for
a budget workshop. It was decided that a budget workshop session
be scheduled for Tuesday August 9, at 6:30 P.M.
There being no further business to come before the Council,
Councilman Pirkle made a motion to adjourn. The motion was
seconded by Councilman Florence and all present voted aye.
PASSED A'DID APPROVID on this the �_ day of , 1977.
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. Mayor
ATTEST:
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City Secret ;
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