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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. � r r i 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: � � Ayes . Tate, Dalton, Florence, Gideon, Dunn and Pirkle Nays . None Absent : Councilman Oliver ORDINANCE NO. 77-34 �: 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 = ;: 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 , 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 �: previous statement, a "proposed" chapel was referred to as being within the 300 foot distance. , ; The City Attorney then stated that the three-hundred foot requirement referred only to existing structures. � Councilman Gideon then made reference to a letter from Traffic Safety � � c ; � � � � 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. � � 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 � Nays . Dalton � Absent : Councilman Oliver � � ; 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. � � a: r 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. � � � ; 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 " fi 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. k 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: � 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. , } . � { F � t , b 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. � 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. ' I 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. � � i ;: 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. ✓ �"�..-?r� ,�i�°° ,--_�.=-. ����� . Mayor ATTEST: - � City Secret ; a x { � t' q� 1 k E 1 S � f i: q 1