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HomeMy WebLinkAbout1979-10-02 Joint Meeting I CITY OF GRAPEVINE , TEXAS i AGENDA SPECIAL JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, OCTOBER 2 , 1979 AT 7 : 30 P. M. COUNCIL CHAMBERS - 413 MAIN I . CALL TO ORDER II. INVOCATION : Dr. James Abel First United Methodist Church Grapevine , Texas III. PUBLIC HEARINGS A. City Council and Planning & Zoning Commission to hold a Public Hearing on Zoning Application Z79-31 submitted by Jerry Pittman and David Harris . B. City Council and Planning & Zoning Commission to hold a Public Hearing on Zoning Application Z79-32 submitted by The Southland Corporation. C. City Council and Planning & Zoning Commission to hold a Public Hearing on Zoning Application Z79-33 submitted by Mel Hobratsch, President, a Landmaster Development Company. IV. END OF JOINT PUBLIC HEARING A. City Council to remain in session to consider further published agenda items. B. Planning & Zoning Commission to recess to the Conference Room to consider the merits of the zoning cases and other published agenda items . IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T. C. S . , AS AMENDED BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE , SPECIAL JOINT AND PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 28TH DAY OF SEPTEMBER, 1979 AT 3 : 30 P.M. AL City Se ret t s t y CITY OF GRAPEVINE , TEXAS AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, OCTOBER 2 , 1979 AT 8 : 00 P.M. COUNCIL CHAMBERS - 413 MAIN STREET V. CITIZENS REQUEST AND/OR MISCELLANEOUS REPORTS J VI. CONSIDERATION OF THE MINUTES (September 11 & 18 , 1979) VII. PUBLIC HEARING F City Council to conduct a Public Hearing for the purpose of considering an application submitted by Mr. Hans Stettler pertaining to the relocation of a portable structure. z VIII. NEW BUSINESS A A. City Council to consider awarding the bid for the purchase of pro shop/restaurant equipment. B. City Council to consider an amendment to Ordinance 78-66 relating to the Grapevine Municipal Golf Course Fee Schedule. C. City Council to consider amending the rules and regulations of the Grapevine Public Library. t D. City Council to consider authorizing the demolition of a house located on property recently purchased by the City. E. City Council to discuss the recent amendment to the Zoning Ordinance omitting Multi-Family Dwelling construction from Commercial Zoning categories . IX. ZONING CASES & PLATS A. City Council to consider the Second Reading of an Ordinance pertaining to Zoning Appli- cation Z79-26 submitted by Mr. John Dunkin. B. City Council to consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z79-27 submitted by Rose Marie Hand and an Ordinance pertaining thereto. t k C. City Council to consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z79-31 (Pittman & Harris) and a subsequent Ordinance. D. City Council to consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z79-32 (Southland Corporation) and a subsequent Ordinance. E. City Council to consider the recommendation of the. Planning & Zoning Commission relative to Zoning Application Z79-33 (Hobratsch) and a subsequent Ordinance. t F. City Council to consider the recommendation of the Planning & Zoning Commission regarding a replat in the College Heights Addition. X. 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. , Sub- sections (f) and (g) . B. City Council to reconvene in the Council Chambers and take any necessary action relative to personnel or real estate transactions . XI. ADJOURNMENT t 4 IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T. C. S . , AS AMENDED BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 28TH DAY OF SEPTEMBER 1979 AT 3 :30 P. M. CITY SECRE r E 2 P= Eg 4 fi 7 i CITY OF GRAPEVINE , TEXAS EMERGENCY AGENDA ITEM GRAPEVINE CITY COUNCIL TUESDAY, OCTOBER 2 , 1979 AT 8 :00 P.M. COUNCIL CHAMBERS - 413 MAIN STREET I I 1. NEW BUSINESS i A. City Council to consider a Resolution to nominate a candidate for the Tarrant County Tax Appraisal District Board of Directors . II. ADJOURNMENT The above Emergency Agenda Item was placed on the City Council Agenda because immediate action is necessary to insure the health, safety and general welfare of the citizens of the City of Grapevine, Texas. i IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T. C. S . AS AMENDED BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE , REGULAR SESSION, THE EMERGENCY AGENDA ITEM WAS PREPARED AND POSTED ON THIS THE 2ND DAY OF OCTOBER, 1979 at 2 : 30 P.M. Shirle ArofstFong City Secretary s F' f' CITY OF GRAPEVINE , TEXAS AGENDA REGULAR PLANNING & ZONING COMMISSION MEETING f: TUESDAY, OCTOBER 2 , 1979 AT 8 : 00 P . M. r CONFERENCE ROOM - 413 MAIN STREET E V. OLD BUSINESS f The Planning & Zoning Commission to consider Zoning Application Z79-27 submitted by Rose Marie Hand and make a recommendation to the City Council. f' VI. NEW BUSINESS A. The Planning & Zoning Commission to consider Zoning Application Z79-31 submitted by Pittman & Harris and make a recommendation g to the City Council. is B. The Planning & Zoning Commission to consider Zoning Application Z79-32 submitted by The Southland Corporation and make a recommendation to the City Council. C. The Planning & Zoning Commission to consider Zoning Application Z79-33 submitted by Mel Hobratsch and make a recommendation to the City Council. D. The Planning & Zoning Commission to consider g a replat in the College Heights Addition and make a recommendation to the City Council. VII. MISCELLANEOUS REPORTS AND/OR DISCUSSIONS i. A. Planning & Zoning Commission to draft a recommendation to the Council relative to the criteria for granting Multi-Family Zoning. B. Planning & Zoning Commission to draft a recommendation to the City Council concerning "R-3" Down Zoning. x VIII. CONSIDERATION OF THE MINUTES - (September 18 , 1979) IX. ADJOURNMENT k: . g IN ACCORDANCE WITH ARTICLE 6252 , V.A.T. C. S . , AS AMENDED BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE , REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 28TH DAY OF SEPTEMBER 1979 AT 3 : 30 P . M. ([F( S 4 t IT SEC Y ` E k L k 7` 4: 1' STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas convened in special Joint Session on this the 2nd day of October, 1979 at 7 :30 P.M. with the following persons present to-wit : William D. Tate Mayor David A. Florence Mayor Pro tern Ted R. Ware Councilman C. L. "Larry" Oliver Councilman Charles Dunn Councilman William Shafer Councilman Aulton Mullendore Councilman constituting a quorum with the following Planning and Zoning Commission Members : Dwayne Rogers Chairman Harlen Joyce Member Ron Cook Member Sharron Spencer Member Robert Sands Member Jerry Burgess Member R. 0. "Bob" Stewart Member constituting a quorum with the following City Staff Members : James L. Hancock City Manager Bill Eisen Assistant City Manager Ben Brooks Acting City Attorney t Shirley Armstrong City Secretary CALL TO ORDER 3 3 Mayor Tate called the meeting to order. } INVOCATION P { The Invocation was delivered by Dr. James Abel, Pastor First United Methodist Church, Grapevine. PUBLIC HEARING, ZONING APPLICATION Z79-31 , PITTMAN/HARRIS f The first order of business was for the City Council and s Planning and Zoning Commission to hold a Public Hearing on Zoning ADplication Z79-31 submitted by Jerry Pittman and David Harris . Mayor Tate declared the Public Hearing open and called upon the City Secretary to explain the zoning request. Mrs. Armstrong reported that the property in question was three tracts of land generally located on the southwest corner of South Main and Nash Street. She added that the present zoning was "R-l" Single Family Dwelling District with the requested zoning being "C-2" Community Business District Zoning. Applicant Jerry Pittman made a brief presentation noting that a two-story office complex would be constructed on the site. He then provided an artist' s rendering of the proposed structure. 1 There were few questions from the Planning & Zoning Commission and the Council. 1 10/02/79 s Mayor Tate asked if there were guests present to speak for or against the application. There were none. The City Secretary advised that she was in receipt of one letter which she read into the record as follows : d C Marianne Callies P.O. Box 5002 Sherman Oaks , Calif. 91423 Sept. 28 , 1979 Dear Sirs , I received your notice for proposed change on Nash and Main Street. I would simply like to say the proposed change is satisfactory to me. Please note my change of address above for all j y official business . Thank you. I Sincerely yours , ' Marianne Callies There being no further discussion, Planning & Zoning Commission member Harlen Joyce made a motion to close their portion of the Public Hearing. The motion was seconded by member Robert Sands and prevailed by the following vote: j Ayes : Rogers , Joyce, Cook, Spencer, Sands , Burgess and t Stewart Nays: None Councilman Mullendore then made a motion to close the Councils portion of the Public Hearing. The motion was seconded by Councilman Dunn and prevailed by the following vote: Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays: None PUBLIC HEARING, ZONING APPLICATION Z79-32 , SOUTHLAND CORP. 4 The next order of business was for the City Council to hold a Public Hearing on Zoning Application Z79-32 submitted by the Southland Corporation. Mayor Tate declared the Public Hearing open and called upon the City Secretary to explain the request of the applicant. Mrs. Armstrong noted that the property in question was the northwest corner of West Northwest Highway and Barton Street (200 West Northwest Highway) . She added that the present zoning was "C-2" Community Business District with the requested zoning being "SP" Specific Use Permit for the storage, retail sale, and off premise consumption of alcoholic beverages , (beer only) incidental to the operation of a convenience store and other uses as permitted under "C-2" Community Business District Zoning. Mr. Phillip Self, real estate representative for Southland Corporation made a short presentation explaining that the purpose of the zoning request was to allow the sale of beer in relation to the new Seven-Eleven Convenience store presently under construction. 1 a 10/02/79 Mayor Tate then declared questions were in order from the Planning & Zoning Commission. Member Harlen Joyce asked if the zoning included the building only, or if it included the parking lot as well. Mr. Self advised that Southland Corporation preferred to include their entire lease which embodied the parking lot. He then noted that the Southland Corporation lease extended from the north portion of the building, eastward to the property line, as shown on the exhibit to be included within the body of the zoning ordinance, if approved. Numerous questions were asked by the Planning & Zoning Commission relative to the rationale of another convenience store on West Northwest Highway adjacent to a major grocery store. The applicant replied that research had indicated that the two businesses complimented each other. a Planning & Zoning Member Sharron Spencer indicated that she was concerned about traffic onto the highway. The City Manager advised that the existing zoning was commercial and that Southland Corporation had complied with all City Codes and engineering requirements . Mayor Tate asked if there were guests present to speak for or against the application. There were none. There being no further discussion, Planning and Zoning Commissioner Member Ron Cook made a motion to close their portion of the Public Hearing. The motion was seconded by Member Bob Stewart and prevailed by the following vote : Ayes : Rogers , Joyce, Cook, Spencer, Sands , Burgess and Stewart Nays : None Councilman Dunn then made a motion to close the Council' s portion of the Public Hearing. The motion was seconded by Councilman Oliver and prevailed by the following vote : Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore j Nays: None PUBLIC HEARING, ZONING APPLICATION Z79-33 , HOBRATSCH j The next order of business was for the City Council and Planning & Zoning Commission to hold a Public Hearing on Zoning Application Z79-33 submitted by Landmaster Development Comp any. Mayor Tate declared the Public Hearing open. The City Secretary advised that the applicant had requested the Public Hearing be recessed until the October 16th meeting. Planning & Zoning Commission Member Harlen Joyce made a motion to recess the Public Hearing relative to Zoning Application Z79-33 until October 16 , 1979 . The motion was seconded by Member Bob Stewart and prevailed by the following vote: Ayes : Rogers , Joyce, Cook, Spencer, Sands , Burgess and Stewart Nays : None 10/02/79 Mayor Pro tem David Florence then made a motion to recess the Council' s portion of the Public Hearing on Zoning Application Z79-33 until October 16 , 1979 . The motion was seconded by Councilman Ware and prevailed by the following vote : Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays: None END OF JOINT PUBLIC HEARING Mayor Tate advised the audience that the Planning & Zoning Commission would recess to the Conference Room to deliberate the merits of the zoning cases and other published agenda items. He then noted that the City Council would remain in Session in the Council Chamber. Guests were invited to attend either meeting. MINUTES - SEPTEMBER 11 & 18 , 1979 The next order of business was consideration of the Minutes of September 11 and 18, 1979 . Mayor Pro tem Florence made a motion to waive the reading of the Minutes and approve them as printed. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays: None PUBLIC HEARING, RELOCATION OF A PORTABLE STRUCTURE s The next order of business was for the City Council to conduct a Public Hearing for the purpose of considering an application submitted by Mr. Hans Stettler pertaining to the relocation of a portable structure. Mayor Tate declared the Public Hearing open. The City Secretary explained that Mr. Hans Stettler had made application to relocate a portable building eight feet by fourteen feet in his rear yard at 3504 Barberry Road. Mayor Tate questioned the reasoning for a Public Hearing relative to a small storage building. The City Manager explained that the subject had been discussed on numerous occasions with the City Attorney and under the existing ordinance a Public Hearing is required when any house, building, or structure is moved from one location within the City to another. The City Staff was then instructed to consider and recommend an amendment to the existing ordinance. There was no discussion from the Council in regard to Mr. Stettler' s application. Mayor Tate asked if there were guests present to speak for or against the application. There were none. Councilman Dunn then made a motion to close the Public Hearing. The motion was seconded by Mayor Pro tem Florence and prevailed by the following vote: z 10/02/79 Ayes : Tate , Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays : None Mayor Pro tem Florence then made a motion that the appli- cation be approved. The motion was seconded by Councilman { Oliver and prevailed by the following vote : Ayes : Tate, Florence , Ware, Oliver, Dunn, Shafer and Mullendore Nays: None RESOLUTION NO. 79-33 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS , PRO- VIDING FOR THE ISSUANCE OF A PERMIT AUTHORIZING THE RELOCATION OF A PORTABLE BUILDING, PROVIDING FOR A NON-TRANSFERRABLE PERMIT, AND PROVIDING FOR AN EFFECTIVE DATE. BIDS - PRO SHOP/RESTAURANT EQUIPMENT } The next order of business was for the City Council to consider awarding the bid for the purchase of pro shop restaurant equip- ment. Tourist and Convention Bureau Director, Scott Tarwater advised the Council of the following informal bids received: #1 Watson Food Service Industries 3712 Haggar Way Dallas, Texas 76051 Kitchen Equipment $14,867 .00 (does not include duct work to the ventahood -does not include ex- hause fan) . s Restaurant Equipment (Tables , Chairs) No Bid Proposed Shipping Date 6 to 8 Weeks #2 Edward Don & Company 14335 Inwood Road Dallas , Texas 75234 Kitchen Equipment $ 4,906.00 Exhaust Hood 3 , 100. 00 3 Duct work to Service Vent Hood and Exhaust Fan 5 ,500.00 Labor Cost-Duct Work 750.00 Total Kitchen Equipment $14,256.� Labor to Install Equipment 975.00 $15 , 231 Restaurant Equipment 1 Tad ems $ 725.00 Chairs 5 ,270.00 Total Restaurant Equipment 5�. 00 Total Bidi; b" �{F Proposed Shipping Date Immediately 10/02/79 #3 Huey & Philp Company 1900 Gribbin Street Dallas , Texas 75265 ' Kitchen Equipment $13 ,543.00 (No duct work, Exhaust Fan, t or Fire Protection) Restaurant Equipment (Tables , Chairs) No Bid Proposed Shipment Date 4 to 6 Weeks Mr. Tarwater then recommended that the bid be awarded to Edward Don & Company in the amount of $21 ,226. 00. Councilman Mullendore made a motion to accept the recommen- dation and award the bid to Edward Don and Company in the amount of $21,226.00. The motion was seconded by Councilman Ware and prevailed by the following vote : x Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays : None ORDINANCE AMENDMENT - GOLF COURSE FEE SCHEDULE The next order of business was for the City Council to consider an amendment to Ordinance 78-66 relating to the Grapevine Municipal Golf Course Fee Schedule. es The City Secretary read the caption of the proposed ordinance. City Manager, Jim Hancock explained that the amendment related to reducing the fees for the use of privately motorized golf r. carts . He noted that the current fee is $4. 50 plus tax for eighteen holes and $2. 50 plus tax for nine holes. He added that the proposed rate was $3 . 00 plus tax for eighteen holes and $2. 00 plus tax for nine holes. Councilman Shafer made a motion to adopt the ordinance amending the rate schedule for privately owned golf carts. The motion was seconded by Councilman Ware and prevailed by the following vote: Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays: None ORDINANCE NO. 79-60 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NUMBER 78-66 SECTION ONE , SUBSECTION C (2) RELATIVE TO GRAPEVINE MUNICIPAL GOLF COURSE CART FEES ; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY AND DECLARING AN EMERGENCY. AMENDMENT TO LIBRARY HOURS OF OPERATION The next order of business was for the City Council to consider amending the rules and regulations of the Grapevine Public Library. City Manager, Jim Hancock explained that the Library Board and the Librarian were recommending the following changes in hours of operation to be effective October 22, 1979. 10/02/79 Current Hours : Mon. Tues. Wed. Thur. Fri. Sat. Sun. TOTAL 10-6 9-5 9-5 9-8 9-5 9-12 Closed 46 hrs . 4 Proposed Hours : Mon. Tues . Wed. Thur. Fri. Sat. Sun. TOTAL Closed 10-5 10-5 10-8 10-5 10-1 Closed 34 hrs . Councilman Dunn commented that he appreciated the recommendation from the Library Staff and their efforts to accept the recommenda- tion of the Council. Councilman Dunn, therefore, made a motion to accept the recommenda- tion and amend the hours of the Library as outlined. The motion was seconded by Councilman Ware and prevailed by the following vote : Ayes: Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays : None DEMOLITION - HOUSE BEHIND POLICE FACILITY The next order of business was for the City Council to consider authorizing the demolition of a house located on property recently purchased by the City. Mr. Hancock explained that there was an existing house in bad ' repair located on property adjacent to the existing police E facility which was recently purchased by the City. He added that in order to utilize the property the house would need to be demolished. He continued to advise that the work would be done by City employees. Councilman Mullendore made a motion to authorize the City Staff to take the necessary procedures to remove the building. The motion was seconded by Mayor Pro tern Florence and prevailed by the following vote: Ayes : Tate, Florence , Ware, Oliver, Dunn, Shafer and Mullendore Nays : None DISCUSSION - OMITTING MULTI-FAMILY CONSTRUCTION FROM 3 COMMERCIAL ZONING CATEGORIES The next order of, business was for the City Council to discuss the recent amendment to the Zoning Ordinance omitting Multi- Family Dwelling construction from Commercial Zoning categories. The City Manager explained that Ordinance 79-37 , recently passed MV by the Council, provided that Multi-Family construction would no longer be allowed in the Commercial Zoning categories. He further advised that numerous complaints had since been received by the Mayor, Council and City Staff Members primarily from developers who had been directly affected by the change. Mayor Tate stated the item was placed on the agenda at his request. He noted that several developers had received Commercial Zoning during the past year on large tracts of property on which both Commercial and Multi-Family construction was planned. f` 6 a 3 t 10/02/79 P I He added that some development was already under way in reliance upon the Commercial Zoning that was granted. The Mayor added that consequently, the passage of the Ordinance eliminated the flexibility of their zoning. He further stated that in effect, the Council had rezoned in block or taken away a substantial use in block, without any consideration given to the particular suitability of a given piece of property for Multi-Family uses. Developer Kenneth McWaters was in the audience and advised the Council that he had encountered numerous problems relative to time and money commitments and legal liability for representing the zoning of his property. Mr. Mark Tutun, advised that he represented developer Willard Baker and they too were encountering numerous problems as a result of the zoning ordinance amendment. Some suggestions from the Council were to either grant a grand- father clause or a block zoning case to allow some opportunity for those affected to be given zoning due to a specific use and not by an arbitrary modification of an ordinance. It was also suggested that the $90. 00 Zoning Fee be waived for those persons directly affected by the zoning ordinance amendment. Councilman Mullendore asked if a grandfather clause of one year would solve the problem. Mayor Tate answered that it would give no consideration to the suitability of given pieces of property for Commercial or Multi-Family uses. It was also noted that further consideration needed to be given to reviewing the future land use map in regard to single family dwellings versus multi-family dwellings . Following a lengthy discussion, the City Staff was instructed to prepare an inventory of undeveloped Commercial and Multi- Family property. Councilman Dunn then made a motion to waive the fee for rezoning to those people who have commercial zoning and were planning to use that for Multi-Family purposes and who would make application for the rezoning within the next thirty days . The motion was a seconded by Councilman Ware and prevailed by the following vote: Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays : None ZONING APPLICATION Z79-31 - ORDINANCE The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z79-31 (Pittman & Harris) and a subsequent ordinance. . Chairman Dwayne Rogers advised the Council that the Planning and Zoning Commission had unanimously recommended approval of the application. { The City Secretary read the caption of the proposed ordinance. Councilman Oliver made a motion that the application be approved and the ordinance be adopted. The motion was seconded by Council- man Mullendore and prevailed by the following vote : Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays: None z s' f 6 10/02/79 I ORDINANCE NO. 79-58 AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS , SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVINE , TEXAS , GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING A PART OF THE WM. DOOLEY SURVEY, ABSTRACT NO. 422 , ' IN THE CITY OF GRAPEVINE, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE ; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-l" SINGLE Y FAMILY DWELLING DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT CORRECTING THE OFFICIAL ZONING MAP ; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS , MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. ZONING APPLICATION Z79-32 - ORDINANCE The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z79-32 , (Southland Corporation) and a subsequent Ordinance. Chairman Rogers reported that after much consideration the recommendation was that the application be approved. He further advised that the vote was four in favor, two against and one abstention with the reason for opposition being primarily concern for access to Highway 114. The City Secretary read the caption of the proposed ordinance. Councilman Dunn made a motion to accept the recommendation of the Planning & Zoning Commission and approve the application and adopt the ordinance. The motion was seconded by Councilman Ware and prevailed by the following vote: a Ayes: Tate, Florence Ware, Oliver, Dunn, Shafer and Mullendore Nays : None ORDINANCE NO. 79-59 AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE , TEXAS , SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVINE, TEXAS , GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING A PART OF THE STARR ADDITION, IN THE CITY OF GRAPEVINE, 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" I SPECIFIC USE PERMIT DISTRICT FOR THE STORAGE , RETAIL SALE 1 AND OFF PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER ONLY) INCIDENTAL TO THE OPERATION OF A CONVENIENCE STORE AND OTHER USES AS PERMITTED UNDER "C-2" COMMUNITY BUSINESS DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A 1 CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS , MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. 10/02/79 ZONING APPLICATION Z79-27 - ORDINANCE The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z79-27 submitted by Rose Marie Hand and an ordinance pertaining thereto. Chairman Dwayne Rogers advised that the Planning & Zoning Commission had recommended to deny the application by a vote of four in favor of the motion, two against , and one abstention. Mr. Rogers noted that the primary reasons for denial were that a full line of convenience products would not be sold and because of the proximity to a drive in restaurant frequented by youth. Councilman Ware made a motion to accept the recommendation of the Planning & Zoning Commission and deny the application. The motion was seconded by Councilman Mullendore and prevailed by the following vote: Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays : None ZONING APPLICATION Z79-26 - ORDINANCE The next order of business was for the City Council to consider the Second Reading of an ordinance pertaining to Zoning Appli- cation Z79-26 submitted by Mr. John Dunkin. The City Secretary read the caption of the proposed ordinance. Mayor Pro tem. Florence made a motion to approve the ordinance on Second Reading. The motion was seconded by Councilman Ware and prevailed by the following vote : Ayes : Tate, Florence, Ware, Shafer, Mullendore Nays : Dunn, Oliver ORDINANCE NO. 79-57 AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING A PART OF THE B.B. JOHNSON AND T. MAHAN SURVEYS , ABSTRACTS NO. 869 & 1050, IN THE CITY OF GRAPEVINE , TEXAS , MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "SP" SPECIFIC USE PERMIT INCIDENTAL TO THE CONSTRUCTION OR APARTMENTS WITH CERTAIN RESTRICTIONS , TO "SP" SPECIFIC USE PERMIT DISTRICT INCIDENTAL TO THE CONSTRUCTION AND OPERATION OF SINGLE STORY, FOUR-PLEX APARTMENT UNITS , PROVIDING FOR THE ENFORCEMENT OF ALL REQUIREMENTS IN THE "R-3" MULTI-FAMILY ZONING CATEGORY; 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 AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; AND PROVIDING A PENALTY. REPLAT - COLLEGE HEIGHTS ADDITION The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission regarding a replat in the College Heights Addition. 3 10/02/79 R City Engineer, J. R. Baddaker provided the Council with copies of the replat and advised that it was his recommendation that the replat be approved. f Councilman Dunn made a motion to accept the recommendation of x the City Engineer and approve the replat of College Heights r Addition as submitted. The motion was seconded by Mayor Pro tem. Florence and prevailed by the following vote : Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays : None a RESOLUTION - TAX APPRAISAL DISTRICT F The next order of business was for the City Council to consider a Resolution to nominate a candidate for the Tarrant County Tax Appraisal District Board of Directors . Assistant City Manager, Bill Eisen gave a brief outline of the proposed resolution and recommended that the name of Warren Dearing be submitted for consideration. The City Secretary read the caption of the proposed resolution. Councilman Ware made a motion that the resolution be adopted and e that the name of Mr. Warren Dearing be placed in nomination as { a candidate for the Tarrant County Tax Appraisal District Board of Directors . The motion was seconded by Councilman Mullendore and prevailed by the following vote : Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore II Nays : None RESOLUTION NO. 79-32 A RESOLUTION OF THE CITY OF GRAPEVINE , TEXAS PROVIDING FOR THE NOMINATION OF A CANDIDATE FOR THE TARRANT COUNTY TAX APPRAISAL DISTRICT BOARD OF DIRECTORS TO REPRESENT SINGLE MEMBER DISTRICT NUMBER THREE. EXECUTIVE SESSION - REAL ESTATE - PERSONNEL The next order of business was for the 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. , Sub- sections (f) and (g) . Following the Executive Session, Mayor Tate called the meeting to order with all members of the Council in attendance. The City Manager advised that as a result of the Executive Session several items needed to be acted upon. a� CONCESSIONAIRE CONTRACT/PRO SHOP RESTAURANT The City Manager explained that a concessionaire contract needed to be entered into relative to the newly constructed golf course pro shop restaurant. He advised that the contract would be between the City of Grapevine and Main Course Management owned by Mr. Scott Tarwater. He then i -i 10/02/79 x outlined the contents of the contract attached hereto and made a part hereof as Exhibit "A" , and noted that it was the recommendation of the City Staff that the contract be executed. Councilman Dunn then made a motion to accept the recommendation of the City Staff and enter into a contract with Main Course Management for the operation of the pro shop restaurant food and beverage concession. The motion was seconded by Mayor Pro tem Florence and prevailed by the following vote : k Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays : None GOLF PRO - PERSONAL SERVICES CONTRACT r. City Manager, Jim Hancock then advised the Council that a second personnel item pertained to Golf Pro, Jim Smith. Mr. Hancock stated that Mr. Smith was currently, in part , a salaried employee, but because of retirement benefits has requested to enter into a Personal Services Contract. Councilman Oliver made a motion to authorize the City Manager f to enter into a Personal Services Contract with the Golf Pro. The motion was seconded by Councilman Ware and prevailed by { the following vote : Ayes : Tate, Florence, Ware, Oliver, Dunn, Shafer and Mullendore Nays : None #' CONTRACT - SALE OF HUDGINS STREET PROPERTY The City Manager then advised the Council that he was in receipt of two contracts for the sale of City owned property at the northeast corner of Main and Hudgins Street. He gave a brief history regarding advertising for bids . He noted that one contract received was for a price of $1. 50 per square foot, or a total of $43 , 750 whichever was greater. He then advised that a contract had been submitted by Mr. Don Butler, dba Butler Construction Company in the amount of $1. 66 per square foot. Mr. Hancock further stated that there were some contingencies included in both contracts , as outlined to the Council earlier. He then recommended that the contract be awarded to Mr. Butler. Mayor Pro tem Florence then made a motion to authorize the City Manager to enter into a contract with Don Butler, dba Butler Construction Company for the sale of City owned property on Hudgins Street in the amount of $1. 66 per square foot. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes : Tate, Florence, Ware, Oliver Dunn Shafer and Mullendore Nays: None ADJOURNMENT , There being no further business to come before the Council, Councilman Mullendore made a motion to adjourn. The motion was seconded by Councilman Oliver and all in attendance voted aye . 10/02/79 PASSED AND APPROVED ON THIS THE day of &.;t 1979. ' r MAYOR : ATTEST: CITY SECrARY I I l I 1 I f i i IA I CONCESSION CONTRACT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT THIS CONTRACT, this day made and entered into by and between the CITY OF mt GRAPEVINE, a municipal corporation, hereinafter referred to as "City", and Scott Tarwater, d/b/a Main Course Management ps h, hereinafter called "Concessionaire", WITNESSETH : I . That the City of Grapevine hereby grants unto Concessionaire the concession, rights and privileges to sell and supply the public with all food and beverages, including the sale and serving of beer of every kind for which there may be a reasonable demand for a period of three years beginning October 13, 1979 and ending October 14, 1982, at Grapevine Municipal Golf Course Pro Shop in the food and concession area. The Concessionaire shall pay therefor: the sum of Eight (8°/a) percent of the gross receipts from the sale of all such food and beverage. A. Reports on gross sales shall be submitted to the Golf Course Pro-Manager daily. B. On or before the loth day of each month, a report, along with a percent- age payment to the City of Grapevine, shall be submitted to the Golf Course Pro-Manager by the Concessionaire with respect to the preceding month. C . Said Concession privilege shall be subject to the following express con- ditions, the violation of any one of which shall be sufficient cause for the cancellation of this Contract by the City, to-wit: 1 . SIGNS - There shall be no advertising signs or advertising matter displayed either inside or outside of the portions of the structure occupied by Concessionaire without prior approval of the Golf Course Pro-Manager. CONCESSION CONTRACT - Page One 2. SUPERVISION - The City shall have the right to determine the manner of exercising the privilege hereby granted and the conduct of the Concessionaire and those under him. 3. LOCATIONS -The City or it's representative(s) will locate and determine the places that may be used by the Concessionaire in the exercise of i his rights under this Contract. 4. HOURS -The City reserves the right to regulate the hours that the Concessionaire shall remain open. 5. SALE OF COMMODITIES - (a) The Concessionaire shall at all approved and authorized times keep for sale and supply the public with a quality of food and beverage for which there is or shall be a reasonable demand, the price of which shall at all times be regulated and supervised by the City. Concessionaire may supply beverages through the use of-fountain-type dispensers and approved type of cups. (b) All City, State and County and other governmental regulations rela- tive to public health and other factors shall be strictly followed and obeyed by Concessionaire. (c) No sales with any element of chance shall be made on said parks. (d) No hawking or noisy canvassing for sales shall be made on any part of the grounds of said parks. (e) All State, Federal and City laws and ordinances relating to the sale of alcohol beverage and all other applicable State, Federal and City laws shall be complied with. b. CLEANLINESS - The business shall be conducted in a clean, orderly and legitimate manner and in accordance with existing ordinances and laws regu- lating food establishments. No rubbish, glass, ooffal or bottles of any kind shall be thrown upon the grounds or in any buildings by the Concessionaire or anyone making sales under or for him. The premises are to be kept clean and sanitary. CONCESSION CONTRACT - Page Two 7. LIABILITY - The City does not guarantee police protection and will not be liable for any loss or damage sustained by Concessionaire. Concessionaire shall hold and save the City of Grapevine, its agents, servants and employees whole and harmless from any and all claims for damages of whatsoever nature and kind, suffered or asserted to have been suffered by the person or property of any person whomsoever growing out of or resulting from or in anywise connected with the exercise of the privilege herein granted. 8. ELECTRIC LIGHT AND POWER - (a) Concessionaire shall pay all utility bills for services required within the concession. Electric service shall be pro-rata to Concessionaire, based upon square footage in concession area as to square feet in entire partition, and gas and water bills shall be prorated. (b) Any additional outlets for electricity, gas, water or any other utilities desired by Concessionaire shall be installed at his expense. In no event shall the electric load be connected which will exceed the available circuit capacity. Increasing electric service beyond existing capacity shall be done at Concessionaire's expense. 9. SUBLET - Concessionaire shall not sublet or assign this concession privilege to any other persons, or any of the privileges conveyed herein, except upon the written approval of the City. Any assignee or sub-lessee under this provision shall be subject to all the provisions and conditions of this Contract. 10. PERSONAL CONTRACT - It is further understood and agreed that this Contract is and shall be deemed to be a personal contract by and between William Farmer and the City of Grapevine, and L. Scott Tarwater , Concessionaire, and the benefits and obligations hereof shall not inure:to the benefit of Concessionaire's heirs, personal representatives or assigns; and in the event of the death of Concessionaire during the term of this Contract, said Contract shall terminate automatically as if the term thereof had expired. CONCESSION CONTRACT - Page Three 11. ALTERATIONS - It is specifically understood that any changes or alterations within the dining area shall be made at the expense of Concessionaire; and no charges or alterations (including painting, etc.) shall be done without the approval of the City. 3� 12. PAYMENTS - If Concessionaire should default in the payment of any installment of the rent or of any taxes or assessments levied on the property or of any other sum provided for under this Contract, as the same becomes due and pay- able, or should any execution be issued against Concessionaire, bankruptcy proceedings be begun by or against Concessionaire, or an assignment be made by Concessionaire for the benefit of creditors, or should the premises be placed in the possession of a Receiver, then and in any such case the entire rent for the balance of the term shall, at the option of the City, at once become due and payable as if by the terms of this Contract it were all payable in advance; or at the Concessionaire's option, this Contract shall become null and void. 13. LIEN - The Concessionaire hereby gives to the City a lien upon all of its property now or at any time hereafter placed in and upon the said premises, to secure the prompt payment of the amounts herein stipulated to be paid for the use of said premises, all exemption of such property or any of it being hereby waived. II . Concessionaire shall execute and deliver to the City of Grapevine at the time of the execution of said Concession, a bond in the sum of TWO THOUSAND, FIVE HUNDRED AND NO/100 ($2,500.00) DOLLARS, with a Surety Company authorized to do business in the State of Texas and maintaining an office in the City of Fort Worth, and a Resident Agent in Fort Worth, Texas, indemnifying the City of Grapevine against any and all damages that may be caused to any person or property because of the rights and privileges herein con- veyed upon him and to further guarantee all payments for said privileges as provided herein. (Form of Bond attached.) CONCESSION CONTRACT - Page Four INSURANCE The Concessionaire shall provide the following in terms of liability insurance and shall name the City as an additional insured: Y Personal injuries per person - $100,000 Per Accident - $3001000 Property Damages - $100,000 Certificate of insurance on file shall be furnished to the City. IV. In the month of November, during each year of the term of this Contract, the parties hereto mutually agree to review the terms and conditions of this Contract, and the Concessionaire's record of operations. In the event that Concessionaire's operations under this Contract are satisfactory to the City Council, Concessionaire shall be notified by letter and shall continue this operation in the same manner. The City reserves the right to recommend changes in Concessionaire's operating procedure hereunder so as to effect the intents and purposes of this Contract. Concessionaire agrees to implement any and all changes required by the Park and Recreation Board purusant to the provisions of this paragraph. V. CANCELLATION Either party may cancel at any time without cause by giving the other party 30 days written notice at the following address: City of Grapevine Scott Tarwater P. O. Box 1547 420 South Main Grapevine, Texas 76051 Grapevine, Texas 76051 VI . It is further understood and agreed that Concessionaire wi 11 vacate the premises without delay upon Ten (10) days notice to him in writing by the City of Grapevine in the event this Agreement is for any reason cancelled, and at the termination of this Agreement and in case the Concessionaire fails to vacate the said premises upon said CONCESSION CONTRACT - Page Five notice aforesaid upon cancellation or at the termination of this Agreement, City of Grapevine shall not be responsible for any damages that might occur to said Concessionaire by virtue of the City of Grapevine forcibly entering and disposing the said Concessionaire, and without prejudice to any remedies which might otherwise be used for possession or for arrears of rent. L EXECUTED this the day of I A.D., 1971. ATTEST: CITY OF GRAPEVINE City Secr Lary APPROVED AS TO FORM: City Attorney low day of IIA.D, , 19-iq 2- EXECUTED this the O ......................................................... Scottt T;arwater William Farmer CONCESSION CONTRACT Page Six