The URL can be used to link to this page

Home My WebLink About1979-10-02 Joint Meeting � � 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 amendmen� �; 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 �ertai.n�ng � thereto. � , � t k C. City Council to consider the recommendation �, �f the Planning & Zoning Commission relat�ve ; to Zoning Application Z79-31 (�ittman & Harris� � and a subsequent Ordinance. � � D. City Council to consider the reco�nendation � of the Planning & Zoning Commission relative � to Zoning Application Z79-32 (Southland Corporatien) 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 ta consider the recomrnendatian of �he Planning & Zaning Commission regarding a replat in the College Heights Addition. X. EXECUTIVE SESSION � A. �ity Cauncil to recess to �he Con�erence Raom � to discuss persannel and real estate �ransactions � '� pursuan�. to Article 6252-17 , V.A.T, C. S. , Sub- 3 sec�ions (f) and (g} , i ; � B. City Council to reconvene i.n the Cauncil �hambers � _� and take any necessary action relative to � < personnel or real estate transacti.ons . � , � XI. ADJDURSiMENT ; � � � t 4 IN ACCORDANCE WITH ARTICI,E 6252-17 , V.A.T. C. S . , AS AMENDED BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR. CITY CQUNCIL MEETING AGENDA WAS PREPARED AND PQSTED ON THIS THE 28TH DAY OF SEPTEMBER 1979 AT 3 ;30 P. M. � . CITY EC � � � � > � � � ! � r � � � �° � � � � � � . � � � � E 2 � ;. � �.. P: Eg� 4 $ � fi 7 � � � ¢� i CITY OF GRAPEVINE , TEXAS Er�RGENCY AGENDA ITEM GRAPEVINE CITY CC}UNCZL TUESDAY, OCTOBER 2 , 1979 AT $ :00 P.M. COUNCIL CHAMBERS - 413 MA.IN STREET I I � I l. NEW BUSINESS i . ) A. City Council to consider a Resolution �o nominate � � a candidate far the Tarrant County Tax Appraisal � , District Board of Directors . ° II. ADJOURNMENT � � � � � � � ; The above Emergency Agenda Item was placed an the City Cauncil � Agenda because immediate action is necessary to insure �he � � health, safety and general welfare of the ci.tizens af the City of Grapevine, Tex�.s. i � � � � IN ACCORDANCE WITH ARTICLE b252-17 , V.A.T. C. S . AS 1?;MENDED � BY CHAPTER 227 , ACTS QF THE 61ST LEGISLATURE , REGULAR SESSION, � THE EMERGENCY AGENDA ITEM WAS PREPp�RED AND POSTED ON THIS THE � 2ND DAY OF OCTQBER, 1979 at 2 : 30 P.M. �' � � � � � � � � Shir e A st ong � Ci�y Secre�ary � � � � � � � � � � � � � � � � � � � & i' � � � � � 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 779-27 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 f to the City Council. � i: 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 dra�t a recommendation to the City Counc�l concerning "R-3" Down Zoning. ` x € �: VIII. CONSIDERATION OF THE MINUTES - (September 18 , 1�7�) � � 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 �LANNING ` & ZONING COMMISSION MEETING A�ENDA WAS PREPARED AND POSTED � ON THIS THE 28TH DAY OF SEPTEMBER 1979 AT 3 : 30 P . M. � F( S € � 4 � • Q 4 IT SEC Y �` E � � ; � � k � • "-� L` k 7` � 4: � � ? �' STATE QF TEXAS � COUNTY OF TARRANT � CITY OF GRA.PEVINE � The Ci�y Council and the Planning & Zoning Gommi.ssian o£ the Ci�y af Grapevine, Texas convened in special Joint Session `� on this the 2nd day o� Oc�ober, 1979 at 7 :34 P.NI, wzth �he following persons present to-wit : Wiiliam D. Tate Mayor David A. Florence Mayor Pra tem Ted R. Ware Councilman C. L. "Larry" 01.iver Councilman Charles Dunn Counczlman William Shafer Caunca.Iman Aulton Mullendore Councilman constituting a quarum with the following Planning and Zoning Commissian Members : Dwayne Rogers Chairman � Harlen Joyce Member Ron Caok Member � Sharron Spencer M�mber s � Robert Sands Member Jerry Burgess Member R. 0. "Bob" Stewart Member canstituting a quorum with the fallowing Ci�y S�aff Members . i � , James L. Hancock City Manager "' , ' Bill Eisen Assis�an� Ci�y Manager � �` ! Ben Brooks Acting City Attorney t Shirley Armstrong City Secretary CALL TO ORDER 3 3 Mayor Tate cal,led the meeting to order. } INVOCATION e � P { The Invocation was delivered by Dr. James Abel, Pastor � First United Methodist Ehurch, Grapevine. PUBLIC HEARING, ZONING APPLICATION Z79-31 , FITTMAN/HARR.IS f The first order of business was for the City Council and s Planning and ZQning Commission to hold a Public Hearing on � Zaning Avplication 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 repc�rted that �he property in question was three , �� tracts of land generally located on the southwest carner of ' South Main and Nash Street. She added that the present zoning � was "R-1" Single Family Dwellin.g Dis�rict with �he requested zoning bea.ng "C-2" Community Business District Zoning. � App7.icant Jerry Pittman made a brief presentation noting that a two-story affice camplex would be constructed on �Ghe site. He then provided an artist' s rendering of the proposed s truc�Gure. 1 � There were few questians from the Planning & Zoning Commission ; and the Council. � ; 1 � � ; ; 10/02/79 s � Mayor Tate asked if there were guests present to speak for = ar against the applicatian. There were none. The City '� Secretary advised that she was in receipt of one letter ''� which she read into the record as fallows : � d C ? � Marianne Callies P.Q. Box 5Q02 Sherman 4aks , Calif. 91423 Sept. 28 , 1979 Dear Sirs , I received your notice �or propased change �' on Nash and Main Street. I would simply like ' �o say the proposed change is satis�ac�ory to me. i .� � Please note my change of address above for aiI j y` official business . Thank you. ' I : � � Sa.ncerely yours , ' � � Marianne Callies � �There being na further discussion, Plannin� & Zaning ; Commission member HarZen Jayce made a mation to close ; their por�ion of �he Fublic Hearing. The motion was � seconded by member Rober� Sands and prevailed by the fallowing vote: j Ayes : Rogers , Joyce, Cook, Spencer, Sands , Burgess and t Stewart ` Nays: None � Councilman Mullendore then made a motion to close the Council`s partian of the Public Hearing. The motion was s�conded by Councilman Dunn and prevailed by the foilowing vote: � � Ayes ; Tate, Florence, Ware, 0liver, Dunn, Shafer and e Mul7.endore �� Nays: None � � PUBLIC HEARING, ZONING APPLICATION Z79-32 , SOUTHLAND CORP. 4 The next order of business was far the City Council to hnld a � Public Hearing on Zoning Appl.ication 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 noGed that the praperty in question was �Che � narthwest corner af West Northwest Highway and Barton S�Cree� � (200 West Northwest Highway) . She added that the present zoning was "C-2" Communzty Business District with the � requested zoning bein� "SP" Specific Use Permit for the starage, retail sale, and off premise consumption of alcoholic � beverages , (beer anly) incidental to the operation of a � convenience stare and other uses as permitted under "C-2" �; Con�nunity Busa.ness District Zoning. Mr. Phillip Self, real es�Cate representative for Southland � Corporation made a short pres�ntation explaining that the purpose af the zonin.g request was to allow the saie of beer � in relation ta the new Seven-Eleven Canvenience 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 7 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 i builc�ing, 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. i 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 engineer'ing 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 Hearint?. 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 Conunission 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 € ��Q2�7� Ayes : Tate , Florence, Ware, Oliver, Dunn, Shafer and Mullendore ' Nays : None Mayor Pro tem Florence then made a motion that �he appli- cation be approved. The motion was seconded by Councilman { 0liver and prevailed by the following vote : ) � Ayes : Tate, Flarence , Ware, C}liver, Dunn, Shafer and ' ' Mullendore Nays: None RESOLUTION N0. 79-33 A RESOLUTION OF THE CITY OF GRAPEVINE, TEXA.S , PRO- VI➢ING FOR THE ZSSUANCE OF A PERMIT AUTHORIZING THE RELOCATION OF A PORTABLE BUILDING, PROVIDING FOR A NON-TRANSFERRA�LE PERMIT, AND PR4VIDING F4R AN � EFFECTIVE DATE. �� BIDS - PRO SHOP/RESTAURANT EQUIPMENT } The next order of business was far the City Council to consider awarding �he bid for the purchase of pro shap restaurant equip- x ment. � Tourzst and Convention Bureau Director, Scott Tarwa�er advised � the Council of the fallowing informal bids received: ; �� Watson Food 5ervice Industries 3712 Haggar Way � Dallas, Texas 76051 � � �� Kitchen Equipment $14,$67 .00 ? (does not inc].ude duc� � � wark to the ventahoad � -daes not include ex- � � hause fan) . ; s � , Res�aurant Equipment ; (Tables , Chairs) No Bid ` � � Proposed Shippi.ng Date 6 ta 8 Weeks ; � � ��2 � Edward Don & Company 14335 Inwood Road Dallas , Texas 75234 � ' �' Kitchen Equi ment $ 4,906.40 ' Ex�iaust Hon� 3 , 100. 00 3 Duc� wark �o Service � Vent Haod and Exhaust Fan 5 ,500,00 :� Labor Cost-Duct Work 750.40 Total Kitchen Equipment ��i.�� Labor �o Install � Equipmen� 975.00 � y . ; Restaurant EquiPment j Ta� e�s`� $ 725,04 Chairs 5 270,00 Total Restaurant Equipment ��.� Total Bid �'I,�'b" b�F Proposed Shipping Date Immediately � _� � � � � .$ �O/O�/ / � � _ i �� Huey & Philp Company ', ; 1900 Gribbin Street � � Dallas , Texas 752b5 ' � � � Kitchen Equipment $i3 ,543.00 � � (No duc� work, Exhaust Fan, � or Fire Protection} t � � � Restaurant Equipment � E {Tables , Chairs} No Bid � Praposed Shipment Date 4 to 6 Weeks � ' Mr. Tarwater then recommended that the bid be awarded to � Edward Don & Company in the amount o� $21 ,226. 00. � � Councilman Mu2lendore made a motion to accept the recommen- y: dation and award �he bid Go Edward Don and Company in the � amoun�. af $21,22b.00. The matian was seconded by Councilman � Ware and prevailed by the following vote : x: � � Ay�s : Tate, Florence, Ware, Oliver, Dunn, Shafer and �. Mullendore Nays : None ORDiNANCE AMENDMENT - GOLF Ct3URSE FEE SCHEDULE � The next order of business was for the City Council to consider � an amendment to Ordinance 78-66 rela�ing to the Grapevine ` Municipal Golf Course Fee Schedule. � e The City Secretary read �he cagtian of the proposed ordinance, �; Ci�Cy Manager, Jim Hancock explained that the amendment related f a to reducing the fees for the use of privately matorized galf ` r.� carts . He noted that the current fee is $4. 50 plus tax for � eighteen holes and $2. 50 plus tax far nine hoies. He added that the propased rate was $3 . 00 plus tax far eighteen holes and $2. 04 plus tax for nine holes. Cauncilman Shafer made a motion to adopt the ardinanee amending the rate schedule for privateiy owned golf carts. The motian was seconded by Councilman Ware and prevailed by the following vote: Ayes : Tate, Flarence, Ware, �Iiver, Dunn, Shafer and � Mullendore Nays: None � ORDINANCE N(?. 79-60 � AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING C}RDINANCE NUMBER 7$-6b SECTIt}N ONE , SUBSECTION C {2} RELA.TIVE TO GRAPEVINE MUNICIPAL GOLF COURSE CART FEES ; PROVIDING A SEVERABILITY CLAUSE, PROVIDZNG A PENALTY AND DECLARING AN EMERGENCY. AMENDMENT TO LIBRARY HOURS OF OPERATION The next arder af business was for the City Council to consider amending the rules and regulaCions o� the Grapevine Fublic Library. ;: Ci�y Manager, Jim Hancock exp2ained that the Library Board and the Librarian were recommending the Eollawing changes in hours of operation to be effective flctober 22, 1979. � 10/02/79 � Current Hours : � � Mon. Tues. We . Thur. Fri. Sat. Sun. TOTAL 10-6 9-5 9-5 9-8 9-5 9-12 Closed 46 hrs . �` 4 � �, Pro osed Hours : �' � on. Tues . We . T ur. 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 reco�nenda- tion of the Council. Councilman Dunn, therefore, made a motion to accept the recommenda- r 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 pro pert y 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 necessaxy procedures to remove the building. 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 DISCUSSION - OMITTING MULTI-FAMILY CONSTRUCTION FROM , 3 CONII�IEERCIAL 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 � 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 L: 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 N0. 79-58 � - ; AN ORDINANCE AMENDING ORDINANCE N0. 70-10 , THE COMPRE- ° i ; HENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS , SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE r" � OF GRAPEVINE , TEXAS , GRANTING A ZONING CHANGE ON A TRACT � OF LAND DESCRIBED AS BEING A LOT, TRACT, OR PARCEL OF i LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS , ; � BEING A PART OF THE WM. DOOLEY SURVEY, ABSTRACT N0. 422 , a' ' 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-1" 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 r 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 3 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 = 3 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 N0. 79-59 ' AN ORDINANCE AMENDING ORDINANCE N0. 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 STAR.R 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 I PROPERTY FROM "C-2" COMMUNITY BUSINESS DISTRICT TO "SP" I SPECIFIC USE PERMIT DISTRICT FOR THE STORAGE , RETAIL SALE � AND OFF PREMISE CONSUNIPTION 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. � � , � � � � � � � x 10102179 � : ; ZONING APPLICATION Z79-27 - ORDINANCE � �� The next order of business was far the Ca.ty Council to consider ; � th� recommendation of the Planning & Zoning Commission relative � ' ta Zoning App2ication Z79-27 submitted by Rose Marie Hand and an ordinance per�aining �hereto. � Chairman Dwayne Rcagers advised that �he Flanning & Zoning Commission had recammended to deny the applicatian by a vote of four in favor af the motian, two agaittst , and one absten�ion. Mr. Rogers noted Ghat the primary reasons for denial were that � a full line a£ convenience praducts would not be sold and # because of the proximity to a drive in restaurant frequented by � youth. � Councilu�an Ware made a mo�ion to accept the reco�endation of � the Planning �u Zoning Commission and deny the application. The � motion was seconded by Cauncilman Mullendore and prevailed by � the fallowing vote: � � x Ayes : Tate, Florence, Ware, �2iver, Dunn, Shafer and � Mullendore Nays : None ZONING APPLICATIQN Z79-26 - ORDINANCE � The next order of business was for the City Council to consider � the Second Reading of an ordinance pertaining ta Zoning Appli- � ca�ion Z79-26 submitted by Mr. John Dunkin. �: The City Secretary read the caption af the proposed ordinance. Mayor Pro tem Florence made a mo�ion to approve the ardinance on Second Reading. The motion was secanded by Councilman Ware and prevailed by �he following vate : � � Ayes : Tate, Florence, Ware, Sha€er, Mu3lendare 'o �; Nays : Duntt, Oliver s # ORDINANCE N0. 79-57 � � AN ORDINANCE AMENDING ORDINANCE N0. 70-10 , THE COMPRE- � HENSIVE ZONING ORDINANCE QF 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 QF THE B.B, J4HNSON AND T. MA�I[AN SIIRVEYS , ABSTRACTS NO. 869 & 1050, IN THE CITY OF GRAPEVINE , TEXAS , MQRE FULLY AND CC}MPLETELY DESCRIBED IN THE BQDY OF THIS ORDINANCE; OR.DERING A CHANGE IN THE USE OF SAZD PRQPERTY FRQM "SP" SPEGIFIC USE PERMIT INGIDENTAL TO THE C4NSTRUCTIC?N OR APARTMENTS WITH CERTAIN RESTRTCTIONS , TO "SP" SPECIFIC ` USE PERMIT DISTRTCT INCIDENTAL TO THE CONSTRUCTION .AND � OPERATION OF SINGLE STORY, FOUR-FLEX APARTMENT tJNITS , � PROVIDING FOR THE ENFORCEMENT OF ALL REQUIREMENTS IN THE "R_3" MULTI-�'AMILY Z{3NING GATEG�RY; CORRECTING THE OFFICIAL ` g ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING � C?RDINANCE; PROVIDING A CLAUSE RELATING TO SEVER.ABILITY; F DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL � WELFARE DEMAND A ZONING CHANGE AND ANIENDMENT THEREIN MADE; ° AND FROVIDING A PENALTY. � � � REPLAT - COLLEGE HEIGHTS ADDITION ' • � The next arder of business was far the City Council to cansider � the reconunendation of the Planning & Zoning Commzssion regarding a replat in the Coilege Heigh�s Addi�Gion. �` _ � z � � # 3 � :� 10/02/79 � , F � ; � 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 k � 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 i i 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 N0. 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 Gonference 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 a 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 , �. �, � � � � � � �` 1Q102/79 � � PASSED AND APPROVED ON THIS THE J t�+ �' day of C�L�� • 1979. ' � r �; � „ � ;� ,� �'��/��/'G��i� � MAYOR � � � � ATTEST: � CZTY SE � � � � � �: € I � � � � I � l � � � � I � 1 ; � � , � � � f � i i I ! I � � � � �: � I � � � � � � CONCESSION CONTRACT ` T H E STAT E O F T EXA S � � X KNOW ALL MEN BY THESE PRESENTS: ; COUNTY OF TARRANT � ` THIS CONTRACT, this day made and entered into by and between the CITY OF y ;mt � GRAPEVINE, a municipat corporation, hereinafter referred to as "City", and Scott Tarwater, d/b/a Main Course Managemer�t ps h, hereinafter called "Concessionaire", WITNESSETH : I . That the City of Grapevine hereby grants unto Concessionaire the concession, rights and privileges to sell and suppty 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%) 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 , SIGN$ - There shall be no advertising signs or advertising matter displayed either inside or outside of the portions of the structure �� occupied by Conc�sionaire without prior approval of the Golf Course Pro-Ma nager. � ; CONCESSION CONTRACT - Page One ; 2. SUPERV1SiC3N - The City shall have the right to deFermine the manner af exercising the privilege here6y granted and the cc�nduct of Fhe �oncessionaire and fihose under him. 3. LOCATiUNS -The City or it's represenfiative(s} wi1) (ocateand �. determine the places that may be used 6y the Concessionaire in fihe exercise of i his rights under this Contract, 4. HOURS -The City reserves the right ta regulate the hours that the Concessionaire shall remain apen. 5. SA�E OF COMMODITIES - (a} The Concessior�aire shail at all approved and authorized times keep for sale and supply the public with a qualiPy of food and beverage for which there is or shall be a reasona6le demand, the price of which shall at all times be regulated and supervised by the City. Concessionaire may supply beverages fihrough the use of-fountain-type dispensers and appraved type of cups. (b} AII City, State and Caunfiy and other governmental regulations rela- ; fiive to public healfih and other factors siial) be strictly followed and obeyed 6y Concessionaire. (c) No sales wifih any etement af chance shall be made on said parks. (d} No hawking or noisy canvassing for saies shall be made on ariy parfi of the grounds of said parks, (e} Ail Sfiate, Federal and City (aws and ordinances relating to the . sale of alcohol iaeverage and all other applicable State, Federa) and City laws shall be camplied with. b. CLEANLINESS - The business shall be ccanducted in a clean, orderly and legitimate manner and in accordance with existirrc� ordinances and laws regu- lating food establishments. No rubbish, glr�ss, ooffal or bottles af any kind shall be thrown upon the grountis or in any buildings by the Concessionaire or anyone making sales under or for him. The premises are to be kept cteanand sanitary. COC�#CESSION CONT(L4CT - Page Two 7. LIABILITY - The City does not guarar�tee police protection and will : not be liable for any loss or damage sustained by Concessionaire. Concessionaire shall hold arrd save the City of Grapevine, its ager�ts, 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) Concessiorxaire 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 i n entire partition, a nd gas a nd water bi I Is sha I I 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 everrh ' 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 exper�se. 9. SUBLET - Concessionaire shall not sublet or assign this concession privilege to any other persons, or any of the privileges corrveyed herein, except upon the written approval of the City. Any assignee or sub-I�see under this provision shall be subject to flll 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 persona) contract by and between William k'armer and the City of Grapevine, and L. Scott Tarwater , Concessionaire, and the benefits and obligations hereof shall not ir�ure: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 Controct shall terminate automatically as if the term thereof had expired. � CONCESSION CONTRACT - Page Three � � � � � . 11. ALl'ERATI4NS - It is specifically understood that any changes ar aiterations within fihe dining area shall be made at the expense af Concessianaire; . and no charges or olfierafiions (including painting, etc.} shal) be dane wifihout = the approval of the City. 3� i2. PAYMENTS - If Concessianaire should deksulfi in the paymenfi of any insfiallmenfi af the rent or of any taxes or esss�sments (evied on the praperfiy or of any ofiher sum provided for under this Contract, as the same becames due and pay- able, ar should any executian be issued against Concessianaire, laankruptcy proceedings be begun by or against Concessionaire, or an assignment be made by Concessionaire for Fhe benefit of creditars, or shauld the premises be placed in the possession of a Receiver, then and in any such case the entire rent for fihe ` balance of the term shatl, at the option of the City, at onee become due and payable as if by the terms of fihis Contract it were atl payable in advance; ar at the Conce6sionaire's opfiion, fihis Contract shal) become null and vaid. : 13. LIEN - The Cancessianaire hereby gives to the City a lien upon a11 of ifs properfiy naw or at any time herc�crfter placed in and upon the said premises, to secure fihe prompfi payment of fihe amounfis herein stipvlated ta be paid for the use of said premises, all exemptian of such property or any of ifi being hereby � waived. ; II . Conc�ssionaire shal( execute and deliver ta the City of Grapevine afi fihe time of the execuPion of said Concessian, a bond in the sum of NVO THOUSAND, FlVE HUNDRED AND NQ/100 ($2,500.00) DCJLLARS, with a Surety Company authorized to do business in the Stafie of Texas and mainMining an office in the City of Fort Worth, and a Residenfi Agenfi in Fort Worth, Texas, indemnifying the City of Grapevine against any and alldamages that may be caused fio any person or property because of fihe righfis and privileges herein con- veyed upan him and to furfiher guarcrntee ail payments for said privileges as provided herein. (Form of Bond afitached.) CONCESSION CONTRACT - Page Four ' ill . I N SURANC E The Concessionaire shal( provide fihe following in terms of iiability insurance and shall name the Cifiy as an additiar�al insured: Y: Persona I i njuri es per persan - $10{},000 Per Accident - $300,000 Property Qamages - $100,000 Certificate of insurance on fiie sha11 be furnished to the Cifiy. IV. In the month of November, dvring each year of the fierm of this Cor�firact, the parties hereto mutually agree to reuiew the terms and conditions of this Con#ract, and ; the Concessionaire's record of oper+ations, In the event fiFrat Concessionaire's aperatiar�s under this Contracfi are satisfactory to the City Counci 1, Concessior�aire shall be notified by letter and shall continue this operation in the same manner, The Cifiy reserves the right to recommend changes in Cortcessiortaire's aperating procedure hereunder so as to effect the ir�f�er�ts and purposes of fihis Controct. Concessianaire agrees ta implement any and all changes required by the Park and Recreation Board purusant to the provisions of this paragraph. V. CA NC ELLAT I ON Either party may cancel at any time without cause by giving the other party 30 ` days written natice afi the fo(lowing address: City of Grapevine Scott Tarwater P. O. Bax 1547 420 Sauth Main Grapevi ne, Texas 7605 i Grapevi ne, Texas 7b051 ` VI . It is further undersfioad and agreed that Concessionaire wi li vacate the prernises wifihouf delay upon Ten (10) days natice to him in writing by the City o� Grapevine in the event this �igreemerrt is for any reason canceiled, and afi fihe terminc�tion af this Agreement and in case the Concessionaire fails to vacate the said prem'rses upan said CONCESSION CONTRAGT - Page Five notice aforesaid upon cancellafiion or at the termination of this Agreemenfi, Cifiy af Grapevine shall nofi be responsible far any damages that mighfi accur to said Concessionaire by virtue of the City of Grapevine forci6ly entering and disposing the said Concessianaire, and without prejudice fio arry remedies which might ofiherwise 6e used far possession or far arrears of rent. EXECUTED this the�day of _1lCl��z�_—� A.D., 19�''1. ATTEST: CITY OF GRAPEVINE , �f'�'-�rZ�- �. �,�-.�..�,�a- City Secr tary � � APPROYED AS TO FORM: � � City Attorney � .� � � EXECUTID this the y of ,A,D. 19 s �._ da __��1�.��1 t ('1 • . i _____��l�' '��4� ; . Scott Tarwater William Farmer ; � ! ; � ; CONCE5SIQN CC?NTRACT - Page Six