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Home My WebLink About1976-03-23 Joint Meeting CITY OF GRAPEVINE AGENDA JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, MARCH 23, 1976 AT 7:30 P.M. CouNCIL cxaMB�s - 413 r�auv I. CALL TO ORDER II. INVOCATION: Councilwoman Conine III. PUBI,IC HEARING A. The Council and Planning & Zoning Commission to hold a Public Hearing for the purpose of considering the rezoning of Tracts 16 and 17, Shamrock Shores Estates from "R-1" Temporary to Specific Use Permit for retail sales of alcoholic beverages - beer off premise consumption only - and retail sales as permitted under "C-2" Zoning. Applicants are Mr. & Mrs. Jesse L. Woods. (Zonin� Application Z']6�5) B. The Council and Planning & Zoning Commission to hold a Public Hearing for the purpose of consideri.ng the rezoning of 216 East Northwest Highway to Specific Use Permit for retail sales of alcoholic beverages - beer off premise consumption only - and retail sales as permitted under "C-2" Zoning. Applicants are Cotten Service Stations and Rentals and W. A. Rowan, Owner of property. (Zoning Application z76-6) IV. IlVD OF JOINT PUBLIC HEARING A. City Council to remain in session to consider further agenda items. B. Planning & Zoning Commission to reconvene in the Conference Room to consider Zoning Applications �76-5 and Z76-6 and other agenda items. IN ACCORDANCE WITH ARTICLE 6252-17 V.A.T.C.S. AS AME[�TDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING WAS PREPARED AND POSTED ON THIS THE 19TH DAY OF MARCH 1976 AT � 10:00 A.M. CITY SECRET CITY OF GRAPEVINE, TEXAS AGIlVDA SPECIAL CITY COUNCIL MEETING TUESDAY� MARCH 23� 1976 AT 8:00 P.M. COUNCIL G`HAMBERS - 413 MAIN V. CITIZIIVS REQUEST AND MISCELLANEOIIS REPORTS AND DISCUSSIONS A. City Council to hear a report from City Librarian, Robbie Gibbs. VI. CONSIDERATION OF THE MINUTES (March 16, 1976) VII. OLD BUSINESS VIII. NEW BUSINESS A. City Council to consider an ordinance disallowing the drinking of alcoholic beverages in City Parks. B. City Council to consider the recommendation of the Planning & Zoning Commission concerning a plat revision of lots 17 and 18, Block 10, Placid Peninsula Second Addition. C. City Council to consider the recommendation of the Planning & Zoning Commission concerning the zoning change requested by Mr. & Mrs. Jesse L. Woods. (Z76-5) City Council to also consider an ordinance if the zoning is approved. D. City Council to consider the recommendation of the Planning & Zoni.ng Commission concerning the zoning change requested by Cotten Service Station and W. A. Rowan. (Z76-6) Council to also consider an ordinance if zoning is approved. IX. ADJOURN IN ACCORDANCE WITH ARTICLE 6252-17� V.A.T.C.S., AS AME�IDED BY CHAPTII� 22'], ACTS OF THE 61ST LEGISLATURE, REGtTI�AR SESSION, THIS SPECIAL CITY COUNCIL MEETING AGIIVDA WAS PREPARED AND POSTED ON THIS THE 19th DAY OF MARCH, 1976 AT 10:00 A.M. City Secre ary 2.�i CITY OR GR,APEVINE, TEXAS EMERGENCY AGENDA ITEMS SPECIAL CITY COUNCIL MEETING TUESDAY, NiARCH 23, 1976 AT 7:30 P.M. COUNCIL CHEIMBERS - 413 MAIN STREET A. City Council to recess to the Conference Room to hold a private consultation with the City Attorney to discuss legal ramifications of existing contractual agreement persuant to Article 6252-17 Section 2(e) , Texas Civil Statutes. B. City Council to remain in closed meeting to discuss a personnel matter about the evaluation of a specific employee and his immediate supervisor � persuant to Article 6252-17 Section 2(g) , Texas Civil Statutes. C. City Council to return to the Council Chambers and adjourn. These emergency agenda items have been placed on the City Council Agenda as immediate action is necessary to insure the health, safety, and general welfare of the citizens of Grapevine, Texas. IN ACCORDANCE WITH RRTICLE 6252-17 V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISL�ATURE, REGULAR SESSION 1969, THE EMERGENCY CITY COUNCIL AGENDA WAS PREPARED AND POSTED ON THIS THE 23RD DAY OF MARCH, 1976 AT 1:30 P.M. , ,� ,.�, , �.�=�iLi:,�.Li,�,G� ' ACT NIrG CITY SECR RY CITY OF GRAPEVINE, TEXA,� AGENDA REGTJLAR PLANNING & ZONING COMMISSION MEETING TUESDAY� MARCH 23, 1976 at 8:00 P.M. CONF�RENCE ROOM - 413 MAI1v � V. CONSIDE�ATION OF THE MINUTES (FEBRUARY 24, 1976) � VI. OLD BUSINESS A. VII. NE1n1 BUSINESS ' A. Planni.ng & Zoning Commission to consider a plat revision � of lots 17 & 18� Block 10, Placid Peni.nsula Second Addition and make recommendation to the City Council. B. Planning & Zoning Commission to consider the ��nin� change requested by Mr. and Mrs. Jesse Woods (Z76-5) and make a recammendation to the City Council. C. Planning & Zoni.ng Commission to consider the zoning cha.nge requested by Cotton ,Service Stations & W. A. Rowa.n� (Z76-6) and make a recommendation to the City Council. VIII. ADJOURN , __ IN ACCORDANCE WITH AR ICLE 6252-17� V.A.T.C.S., AS AMENDED BY CHAPTE�2 227� ACTS OF THE 61 ST 2,EGISLATURE, REGUI�AR SESSION� THE PLANNING & ZONING COMMISSION AGENDA WAS PREPARED AND POSTED ON THIS THE 19TH DAY OF MARCH 1976 AT 10:00 P.M. � � � � CITY SECRE Y 2iJ STATE OF TEXAS X COUNTY OF TARRANT X CITY OF GRAPEVINE X The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas, convened in Joint and Regular session at 7:45 P.M. on this the 23rd day of March, 1976 with the following members present to wit: William D. Tate Mayor Thelma Conine Councilwoman Doil Dalton Councilman Larry Oliver Councilman Charles Dunn Councilman Willis Pirkle Councilman constituting a quorum with Bob Murphy arriving later, with Ted Ware Commissioner Joe Kennedy Member Harlen Joyce Member Cato Jones Member Conrad Heede Member David Florence Member constituting a quorum with Floy Ezell City Manager Jim Hancock Assistant City Manager Kenneth R. Pritt, Jr. Acting City Secretary John Boyle City Attorney Mayor Tate called the meeting to order. The Invocation was given by Councilwoman Conine. Mayor Tate explained the procedures for conducting a Public Hearing on a zoning application and then intro- duced the members of the Planning & Zoning Commission to the assembly. Mayor Tate then declared open the Public Hearing on zoning application Z76-5; Mr. & Mrs. Jesse L. Woods requesting the rezoning of Tracts 16 and 17, Shamrock Shores Estates from "R-1" Temporary to Specific Use Permit for retail sales of alcoholic beverages - beer off premise consumption only - and retail sales as permitted under "C-2" zoning. Mr. Jesse Woods appeared before the ,Toint Body and stated that he was requesting a recess on the Public Hearing until April 27, 1976. Mr. Woods stated that he did not own tract 17 as he had anticipated by the date of this hearing. He further stated that the property had been under contract since December and that he felt, at the time of apply�ng, that the sale would be consumated by the date of the Public Hearing. There were no questions from the members of the Planning & Zoning Commission or the City Council. Member Joe Kennedy made a motion to grant the request and recess the public hearing until April 27, 1976. The motion was seconded by Member Conrad Heede and prevailed by the following vote: Ayes: Ware, Kennedy, Joyce, Jones, Heede, and Florence Nays: None '� �0w � Councilman Dunn made a motion to recess the Public Hearing until April 27, 1976. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes . Tate, Conine, Oliver, Dalton, Pirkle, and Dunn Nays . None � Absent: Bob Murphy i Mayor Tate then announced that the Public Hearing on zoning application Z76-5 had been recessed until April 27, 1976 and that no further notice would be given to � property owners within 200 feet of the property described in the zoning application. Mayor Tate then declared open the Public Hearing on zoning application Z76-6; Cotton Service Stations and W. A. Rowan requesting Specific Use Permit for retail sales of alcoholic beverages - beer off premise con- sumption only, and retail sales as permitted under "C-2" Zoning. Mr; Bob Kirsten, general manager for Cotton Service Stations, appeared before the joint body to make the presentation for the application. Mr. Kirsten had a visual aid presentation which detailed the general area of the property, its distance from the nearest schools, churches, and hospital, a scale drawing of the property and location of the building on the property, and a scale drawing of the building in which the beer would be sold. Mr. Kirsten explained that this service station was a full service, not self-service, gasoline station and that he felt in order to keep competitive prices with the stop and go markets that sell self service gasoline,he would have to have something to bolster gasoline sales. Mr. Kirsten further explained that this property is near the �= lake and that customers like to make just one stop for gasoline and beer. Questions were now in order from the Planning & Zoning Commission. Member Joe Kennedy inquired if the large doors in the storage area and the car lift would be used. Mr. Kirsten explained that he had no intention to nail the doors shut because rental equipment that could not with- stand the weather would be moved inside the building through those doors. He further replied that he was flexible about the car lift and that if wasn' t in use at this time. i Questions were now in order from the City Council. Cauncil- man Dunn inquired if the zoning request was being made in order to stay in business. Mr. Kirsten replied that the incremental income was badly needed and that there was little profit under present gasoline sales. He felt that in order to continue to offer lower rates for gasoline that he must be competitive and be able to offer the same convenience services of his competitors. Mayor Tate then inquired if there was any person present in the assembly that wished to speak for or against the zoning application. There being none, the acting city secretary read a letter received from S. C. Ratliff (filed with zoning application) of 311 East Wall; Grapevine. The letter stated that "I am opposed to the change in zoning. " The Planning & Zoning Commission then took the following action: Member Conrad Heec� made a motion to close their portion af the Public Hearing. Member Harlen Joyce seconded the motion and the motion prevailed by the following vote: 2�l Ayes: Ware, Kennedy, Joyce, Jones, Heede, and Florence Nays: None The City Council then took the following action: Councilman Dalton made a motion to close the City Council' s portion of the Public Hearing. Councilman Pirkle seconded the motion and the motion prevailed by the following vote: Ayes : Tate, Conine, Murphy, Oliver, Dalton, Pirkle, and Dunn Nays : None Mayor Tate then declared the Public Hearing on zoning application Z 76-6 closed. Mayor Tate then explained that the Planning & Zoning Commission would recess to the Conference Room and con- sider: further business on their agenda and that the City Council would remain in their chambers to consider further business on their agenda. The next order of business was for the City Council to consider an ordinance disallowing the drinking of alco- holic beverages within the City Parks. The acting city secretary read the caption of the ordinance and the City Attorney briefly outlined the effects of the ordinance. The City Attorney explained that this ordinance prohibited the drinking of alcoholic beverages within any park owned, leased, or under the direct operation of the City of Grapevine. He further explained that the camping and picnic facilities at Oak Grove Park were exempt but that they would be clearly marked with signs. Councilman Dunn stated that this was one of the recommendations of the Public Relations Committee and the City Manager stated that it was also one of the recommendations of the Park Board. Councilman Dalton made a motion to approve the ordinance as presented an an emergency basis. Councilwoman Conine seconded.:the motion: and the motion prevailed by the following vote: Ayes: Tate, Conine, Murphy, Oliver, Dalton, Pirkle, and Dunn Nays : None ORDINANCE No. 76-08 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS MAKING IT UNLAWFUL TO POSSESS OR CONSUME ALCOHOLIC BEVERAGES IN THE PUBLI� PARKS OF THE CITY; PROVIDING DEFINITIONS; PROVIDING EXCEPTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EMERGENCY. The next order of business was for the City Librarian, Mrs. Gibbs, to appear before the City Council. Mrs. Gibbs made a brief presentation about National Library Week from April 4 thru April 10. She stated that the theme of the week would be Bicentennial is Happening in Your Library. She then invited the City Council to attend Open House on Sunday, April 4 from 2:00 to 4:00 P.M. Mayor Tate thanked Mrs. Gibbs for the presentation and the City Council thanked Mrs. Gibbs for the fine job that she was doing. Mayor Tate then declared a recess at 8:12 P.M. The City Council reconvened at 8:35 P.M. with all members present. The next order of business was for the City Council to ��2 consider the recommendation of the Planning & Zoning Commission concerning the zoning change requested by Cotten Service Station and W. A. Rowan. (Z76-6) . The City Secretary read the caption of the proposed ordinance and stated that he was concerned about the number and types of businesses that were selling beer in the City. Councilman Dalton stated that he tried to understand everyone' s position but that he felt he should support the people in the gasoline business. He stated that he felt these people could have better control over the alcoholic ' beverages. He further stated that he felt that the Council should prevent some types of businesses from selling beer. Mayor Tate stated that he was not going to oppose the zon� g because he felt that there were stronger arguments against stop and go markets being able to sell beer. He further stated that he was in sentiment with Councilman Dunn and that the Council should have set a different precedent. Councilman Murphy stated that he would abstain from voting because he had missed the presentation of the applicant. Councilman Pirkle made a motion to adopt the ordinance on an emergency basis and approve the zoning as requested. Councilman Dalton seconded the motion and the motion prevailed by the following vote: Ayes : Tate, Conine, Dalton, Pirkle Nays: Dunn, Oliver Abstaining: Murphy ORDINANCE NO. 76- 10 AN ORDINANCE AMENDING 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 DESCRIBED AS: BEING BLOCK 49H2 AND 49F, ABSTRACT 946 OF THE LEONARD SURVEY TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "C-2" COMMUNITY BUSINESS DISTRICT TO "SP" SPECIFIC USE PERMIT FOR THE RETAIL SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE CON- SUMPTION ONLY; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS, AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. The next order of business was for the City Council to II City Council to consider the recommendation of the Planning and Zoning Commission concerning a plat revision , of lots 17 and 18, Block 10, Placid Peninsula Second Addition. The Acting Cit Secretar stated that the Plannin Y Y 5 and Zoning Commission had recommended approval of the replat. The Assistant City Manager presented the replat to the Council and stated that the owner of the two lots was constructing an oversize house on lot 18 and that, in order to meet side yard requirements, lot 17 was being requested for replat by reducing the lot size to 80 feet. He further stated that the 80 foot lot would still be 1700 feet above the minimum requirement for building a residence. Council Dunn made a motion to approve the plat revision as recommended by the Planning and Zoning Commission. Council- man Oliver seconded the motion and the motiam prevailed by 2�3 the following vote: Ayes: Tate, Conine, Murphy, Oliver, Dalton, Pirkle, and Dunn Nays : None Mayor Tate then stated that the City Council would recess to the Conference Room to hold two closed executive sessions as follows: A. To hold a private consultation with the City Attorney to discuss legal ramifications of existing contractual agreement persuant to Article 6252-17 Section 2 (e) , Texas Civil Statutes. B. To discuss a personnel matter about the evaluation of a specific employee and his immediate supervisor persuant to Article 6252-17 Section 2 (g) , Texas Civil Statutes. The City Council then went into executive session at 8: 50 P.M. The City Council reconvened in the Council Chambers at 11:20 P.M. There being no further business, Councilman Pirkle made a motion to adjourn the meeting. The motion was seconded by Councilman Dunn and all present voted aye. The meeting was adjourned at 11:20 P.M. � PASSED AND APPROVED this the � day of , 1976. ;�� MAYOR ATTEST: /�� City Secr r �