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HomeMy WebLinkAbout1976-06-22 Joint Meeting CITY OF GRAPEVINE, TEXAS AGENDA JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING TUESDAY, JUNE 22, 1976 AT 7:30 P.M. COUNCIL CHAMBERS - 413 MAIN ST. I. CALL TO ORDER II . INVOCATION: Commissioner Ted Ware III . PUBLIC HEARINGS i A. The City Council and el.--iining & Zoning Commission to hold a Public Hearing for the purpose of considering the rezoning of Tract A-16, Grapevine Reservoir from "R-1" Single Family Dwelling District to "SP" Specific Use Permit District for the storage, possession , retail sale and serving of alcoholic beverages , on premise consump- tion only, incidental to the operation of a restaurant as permitted under "C-1" Neighborhood Business District. Applicants are Joseph and Bettye Hart, Oak Grove Marina. I Z76-10 z B. The City Council and Planning & Zoning Commission to hold a Public Hearing for the purpose of considering the rezoning of 707 Fort Worth Highway from "C-2" Community Business District to"SP" Specific Use Permit for the storage and retail sale of alcoholic beverages, beer only, for off premise consumption only, incidental to the operation of a service station as permitted under "C-2" Community Business District. Applicant is Victor L. Hall. Z76-11 i } C. The City Council and Planning & Zoning Commission to hold a Public Hearing for the purpose of considering the rezoning of a portion of the Starr Addition (North s side of Business 114 between Main and Barton) to "C-2" Community Business District. Applicant is Jimmy Conine on behalf of Safeway Stores , Inc. Z76-12 IV. END OF JOINT PUBLIC HEARING A. City Council to remain in session to consider further agenda items. B. Planning & Zoning Commission to recess to the Conference Room to consider further agenda items. 3 P IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEET- ING AGENDA WAS PREPARED AND POSTED ON THIS THE 18TH DAY OF JUNE, 1976, AT 10:30 A.M. CITY SEC CITY OF GRAPEVINE, TEXAS AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 22, 1976 AT 8:00 P.M. COUNCIL CHAMBERS - 413 MAIN STREET V. CONSIDERATION OF THE MINUTES (June 1 & June 15, 1976) VI. OLD BUSINESS A. City Council to discuss the proposal submitted by Mr. M. D. Smith of Southwest Golf & Develop- ment Corporation concerning construction of the golf course. B. City Council to consider revisions to the Swimming Pool Manual. C. City Council to make an appointment to the Board of Zoning Adjustments to fill the vacancy created by the resignation of Mr. Harold Kaker. VII. NEW BUSINESS A. City Council to review the bid tabulation and award the bid for a tractor to be used by the Street Department. B. City Council to appoint a City Health Officer for 1976-77. C. City Attorney to discuss the City' s responsibility in regard to the Public Utility Act. D. Consideration of an application by Safeway Stores, Inc. for the purpose of vacating certain alleys and a street. E. City Council to consider the recommendation of the Planning & Zoning Commission concerning Zoning Application Z76-10. (Oak Grove Marina) City Council to also consider an ordinance if zoning is approved. F. City Council to consider the recommendation of the Planning & Zoning Commission concerning Zoning Application Z76-11. (Victor Hall) City Council to also consider an ordinance if zoning is approved. G. City Council to consider the recommendation of the Planning & Zoning Commission concerning Zoning Application Z76-12. (Safeway) City Council to also consider an ordinance if zoning is approved. H. City Council to consider the recommendation of the Planning & Zoning Commission concerning the preliminary and final plat of Safeway Addition Number Four. I. City Council to recess to the Conference Room to hold a closed executive session to discuss f personnel, the purchase of real estate, and pending litigation persuant to Article 6252-17, Section 2, (e) , (f) , and (g) , Texas Civil Statutes. J. City Council to return to the Council Chambers; Council may or may not take action on the above items. IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE SPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 18TH DAY OF JUNE, 11:15 A.M. City Sectary x CITY OF GRAPEVINE, TEXAS 5 AGENDA REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, JUNE 22, 19760 7:30 P.M. CONFERENCE ROOM - 413 MAIN V. CONSIDERATION OF THE MINUTES (May 25, June 1, 1976) VI . OLD BUSINESS VII. NEW BUSINESS A. Planning & Zoning Commission to consider Zoning Application Z76-10 (Oak Grove Marina) and make a recommendation to the Council. B. Planning & Zoning Commission to consider Zoning Application Z76-11 (Victor Hall) and make a recommendation to the Council . C. Planning & Zoning Commission to consider Zoning Application Z76-12 (Safeway) and make a recommendation to the Council. D. Planning & Zoning Commission to consider the pre- liminary and final plat for Safeway Addition Number Four and make a recommendation to the Council. VIII . ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S, AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 18TH DAY OF JUKE, 1976 AT 10:30 A.M. CIT SEC TA Y STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVIINE The City Council and the Planning and Zoning Commission met in joint and regular session at 7:45 P.M. on this the 22nd day of June , 1976 with the following members present to-wit: William D. Tate Mayor Charles Gideon Councilman David Florence Councilman Larry Oliver Councilman Doil Dalton Councilman Willis Pirkle Councilman Charles Dunn Councilman constituting a quorum with Ted Ware Chairman Joe Kennedy Member Harlen Joyce Member Mike Davis Member Cato Jones Member Bill Crabtree Member constituting a quorum with Floy T. Ezell City Manager Jim Hancock Assistant City Manager Shirley Armstrog City Secretary John Boyle City Attorney Mayor Tate called the meeting to order. The invocation was given by Chairman Ted Ware . Mayor Tate welcomed the visitors present in the assembly and explained the procedure of a Public Nearing . The first order of business was for the City Council and the Planning & Zoning Commission to hold a Public Hearing for the purpose of considering the rezoning of a portion of Tract A-16, Grapevine Reservoir from "R-1" Single Family Dwelling District for the storage , possession, retail sale and serving of alcoholic beverages, on premise consumption only, incidental to the opera- tion of a restaurant as permitted under "C-1" Neighborhood Business District. Mayor Tate declared open the Public Hearing and introduced the applicant, Mrs. Bettye Hart of Oak Grove Marina. Mrs. Hart explained that she and her husband propose to open a steakhouse at Oak Grove Marina in one of the existing buildings and desire to serve mixed alcoholic beverages in that restaurant. She stated that there was seating capacity for approximately forty customers . Mrs . Hart commented that a state liquor license had not yet been applied for pending the outcome of the zuni.ng applica- tion. Mayor. Tate asked Mrs . Hart if Iiart ' s Marina presently had a per i.t for beer off premise consumption. Mrs . Hart answered yes , but explained that the off premise permit dial not refer to the pro- posed restaurant . The City Manager assisted Mrs . Hart in a transparency presentation showing the exact location of the property, a site plan of the pro- posed restaurant , and a transparence showing the relationship of the off premise consumption location to the proposed on premise consumption site . k' Mayor Tate then stated that questions were in order from the Planning & Zoning Commission. Member Joe Kennedy asked if Mrs. Hart would explain what area would be defined as the "premise" on which alcoholic beverages would be sold. Mrs. Hart answered that the premise would in- E elude the restaurant only. Chairman Ted Ware pointed out that there- was a doorway in the proposed restaurant that opened into a hallway, which in turn opened into the location of off premise consumption. Mrs . Hart explained that the door in the restaurant would be permanently closed to comply with the state law prohibiting off premise consumption and on premise consumption from the same location. Member Mike Davis asked if a person would be allowed to buy packaged beer and take it into the restaurant for consumption. Mrs. Hart answered no. The City Attorney explained that the two operations would have to be handled separately. Member Bill Cratree asked if one door is closed in the restauranL, would there be enough exits to fulfill the re- quirements of the city Fire Code . Mr. Jake Greener, Fire Chief, stated that the safety code requires two exits. Council- man Gideon commented that the walk-in refrigerator has a door that opens into the restaurant and also a door that opens to the outside . Mr. Greener stated that this would suffice as an emergency exit. Councilman Florence asked the City Manager to point out the location of the City Park in relation to the proposed restaurant. Mayor Tate asked if there was anyone present in the chambers to speak for or against the applications. There were none. Member Mike Davis made a motion to close the Planning & Zoning-s portion of the Public Hearing. The motion was seconded by Member Harlen Joyce and prevailed by the following vote : Ayes : Ware, Kennedy, Jones, Davis, Crabtree, and Joyce. Nays : None There being no further discussion from the Council, Councilman Pirkle made a motion to close the Councils portiora of the Public Hearing. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes: Tate, Gideon, Florence , Oliver, Dalton, Pirkle & Dunn. Nays: None The next order of business was for the City Council and Planning & Zoning Commission to hold a Public Hearing for the prupose of considering the rezoning of 707 Fort Worth Highway from "C-2" Community Business District to "SP" Specific Use Permit for the storage and retail sale of alcoholic beverages , beer only, for off premise consumption only, incidental to the operation of a service station as permitted under "C-?_" Community Business District. Mayor Tate declared open the Public Hearing and in- troduced the applicant, Mr. Victor Hall. Mr. Hall explained that at present he operates a small store, cafe and service station at the location in question. He stated that because of competition from other convenience stores, gasoline station businesses in the area, it was necessary to apply for Specific Use Zoning. He further commented that there would not be an opening between the cafe and the location of the beer sales. Mr. Hall then showed the Council a trans- parency site plan of the building. Mayor Tate stated that questions were in order from the Planning & Zoning Commission. Member Harlen Joyce asked Mr. Hall if beer could be purchased in the store and consumed in the cafe. Mr. Hall answered no and explained that that was prohibited by state law. Chairman Ted Ware asked if the "premise" would be defined as the entire property that was being leased from Mr. Taylor. Mr. Hall answered yes. Councilman Florence asked if Mr. Hall planned to offer a full line of service station facilities. Mr. Hall answered that he would only furnish gasoline and oil. There being no further discussion from the Planning & Zoning Commission or the Council, Mayor Tate asked if there was any- one present who wished to speak for or against the application. There were none. Member Cato Jones made a motion to close the Planning & Zoning 's Commissions portion of the Public Hearing. The motion was seconded by Member Joe Kennedy and prevailed by the following vote: Ayes: Ware, Kennedy, Jones , Davis , Crabtree and Joyce Nays: None Councilman Oliver made a motion to close the Council 's portion of the Public Hearing. The motion was seconded by Councilman Gideon and prevailed by the following vote: Ayes : Tate, Gideon, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None The next order of business was .for the City Council and Planning and Zoning Commission to hold a Public Hearing for the purpose of considering the rezoning of a portion of the Starr Addition (North side of Business 114 between Main and Barton) to 11C-2" Community Business District. Mayor Tate declared open the Public Hearing and introduced the applicant, Jimmy Conine, Safeway representative. Mr. Conine began by summarizing the procedure of the real estate division of Safeway Stores, Inc. He commented that Safeway was excited about the progressiveness of the Grapevine area and stated that Safeway would like to be able to provide additional jobs , tax dollars and trade for the City of Grapevine. He further commented that in the event the zoning is granted, construction of the store would start in late August with a proposed opening date of April 1977. He stated that the store would be approximately 32,000 square feet. Mr. Conine then presented a watercolor drawing of the proposed grocery store. Mayor Tate stated that questions vtiTere in order from the Planning & Zoning Commission. Member Cato Jones asked how much land was being purchased for the location of the store. Mr. Conine answered that Safeway was purchasing approximately 5.1 acres or 224,000 square feet. Member Cato Jones asked if there would be any exits onto Highway 114. Mr. Conine answered that at this time they were planning to have one Highway 114 exit, but that there would be no on street parking as is now permitted. He also commented that there would be other exits from the side streets. Member Joe Kennedy asked if Safeway was going to retain the service station on the Southwest corner of the property. Mr. Conine commented that it would be under a long term lease. Mayor Tate then commented that questions were in order from the Council. Mayor Tate asked if there would be any loading or unloading off of Main Street. Mr. Conine stated that the loading dock .^:ould face 114 and that trucks would back into the dock from the parking lot and not from the street. Councilman Florence asked if the Traffic Safety Engineer had studied the proposed plans . The City Manager answered that he had, but anticipated no problems with traffic safety. The City Secretary then read a letter from Captain G. H. Woolweaver, retired. Captain Woolweaver asked that the Council not allow the closing of Barton Street in relation to the Safeway zoning application. The City Secretary then commented that she was in receipt of a letter from the Grapevine Housing Authority which stated that they were in favor of granting the Safeway zoning application. There being no further discussion, Member Harlen Joyce made a motion to close the Planning & Zoning Commission 's portion of the Public Hearing. The motion was seconded by Member Mike Davis and prevailed by the following vote: Ayes: Ware, Kennedy, Jones, Davis, Crabtree & Joyce Nays : None Councilman Gideon then made a motion to close the Council 's portion of the Public Hearing. The motion was seconded by Councilman Dunn and prevailed by the following vote: Ayes: Tate, Gideon, Florence, Oliver, Dalton, Pirkle & Dunn Noes: None Mayor Tate then stated that the Planning & Zoning Commission would recess to the conference room to consider further business. He explained that the Council would recess for ten minutes and reconvene in the Council Chambers to consider further business. The meeting reconvened at 8:45 P.M. with all members present. The next order of business was for the City Council to dis- cuss the proposal submitted by Mr. M. D. Smith of Southwest Golf & Development Corporation concerning construction of the golf course. The City Manager explained that he had met with the Park Board and the local Golf Association to determine their views in relation to construction of the Golf Course. He commented that both organizations recommended that the City build the course themselves rather than enter into a proposal with a third party. The City Manager stated that he had talked with the Corps of Engineers and that they also expressed a desire for the city to build the course. He further acknowledged that corps representatives stated that if the City issued bonds for the course, that they would extend the lease for an additional thirty years from the date of the bond issue. The City Manager also reported that the city's financial advisor had stated that the City would be in a position to issue some Certificate 's of Obligation. He further explained that the architect had stated that he could have the final plans prepared in less than thirty days . The project would be ready to let for bids at that time. The City Manager explained that it would be in the best interest of the City to construct the north eighteen holes before the south course was constructed. He also explained that the proposed location of the pro shop was on private property and that negotiations were now under way conce m ing that property. Councilman Gideon stated that he was reluctant to say too much since he was a new member of the Council. He commented however, that the City of Grapevine had been voted wet by the majority of the voters and that he would have to be in favor of the zoning. He further stated that he felt the applicants willingness to meet fire code regulations was admirable. Councilman Florence stated that because of the nearness of the City Park and because off premise alcoholic beverages were already there, that he would not be in favor of the zoning change. Mayor Tate commented that he waid be in favor of the application. Councilman Oliver commented that he felt off premise cons.ump+ion was more damaging than on premise and that off premise consump- tion had already been approved. Councilman Pirkle stated that personally he was not in favor of alcoholic beverages but that on premise would be less harmful than off premise. Councilman Dalton made a motion to accept the recommendation of the Planning & Zoning Commission and adopt the ordinance in regard to zoning application Z76-10. The motion was seconded by Councilman Gideon and prevailed by the following vote: Ayes: Tate, Gideon, Oliver, Dalton and Pirkle. Nays : Florence and Dunn ORDINANCE NO. 76-16 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOIA\T AS TITLE 10 OF THE CITY CODE OF GRAPEVINE, TEXAS GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCIRSED AS BEING A LOOT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE W. P. HERRING SURVEY, 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 TO "SP" SPECIFIC USE PERMIT DISTRICT FOR THE STORAGE, POSSESSION, RETAIL SALE AND SERVING OF ALCOHOLIC BEVERAGES, ON PREMISE CONSUMPTION ONLY, IN- CIDENTAL TO THE OPERATION OF A RESTAURANT AS PERMITTED UNDER "C-1" NEIGHBORHOOD BUSI- NESS DISTRICT, AS PER THE ATTACHED SITE PLAN; 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 HEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission concerning Zoning Application Z76-11. (Victor Hall) City Council to also consider an ordinance if zoning is approved. The Assistant City Manager stated that the Planning & Zoning Commission recommended approval of zoning application Z76-11 by a five to one vote. The City Secretary read the proposed ordinance. Councilman Gideon made a motion to accept the recommenda- tion of the Planning & Zoning Commission and adopt the ordinance pertaining to Zoning Application Z76-11. The motion was seconded by Councilman Dalton. Mayor Tate stated that discussion was in order. Council- man Dunn commented that Grapevine is getting to the point where any type of business could sell alcoholic beverages . Councilnan Dalton commented that this was indeed not an ideal situation , but that it was a business decision. He further stated that there has been a change in our economy and in our way of life. He commented that if other convenience store/service stations were permitted to sell alcoholic beverages , that Mr. Hall should be allowed to also. A vote was then taken on the motion previously made. The motion prevailed by the following vote: Ayes : Tate, Gideon, Oliver, Dalton and Pirkle. Nays: Dunn & Florence ORDINANCE NO. 76-17 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOW\T AS TITLE 10 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 LOT A, BLOCK 1, BELLAIRE ADDITION, IN THE CITY OF GPAPEVINE, TEXAS MORE, FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY TO "SP" SPECIFIC USE PERMIT DISTRICT FOR THE STORAGE AND RETAIL SALE OF ALCOHOLIC BEVERAGES, BEER ONLY, FOR OFF PREMISE CONSUMPTION ONLY, INCIDENTAL TO THE OPERATION OF A SERVICE STATION, AS PERMITTED UNDER 4 THE PROVISIONS OF "C-2" COMMUNITY BUSINESS DISTRICT; AS PER THE ATTACHED SITE PLAN, CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC IN- TEREST, 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 consider the recommendation of the Planning & Zoning Commission con- cerning Zoning Application Z76-12 (Safeway) City Council to also consider an ordinance if zoning is approved. The Assistant City Manager reported that the Planning & Zoning Commission unanimously recommended approval of zoning application Z76-12. The City Secretary read the caption of the proposed ordinance. There was little discussion. Councilman Dunn made a motion ` to accept the recommendation of the Planning & Zoning Commission and adopt the ordinance in regard to zoning application Z76-12. The motion was seconded by Councilman Pirkle and prevailed by the following vote: Ayes : Tate, Gideon, Oliver, Dalton, Pirkle, Dunn & Florence. Nays: None Mayor Tate then commented that after meeting with the Park Board and the Golf Association and studying the proposal, that it was his belief that Southwest Golf and Development Corpora- tion is extremely profit motivated. He further commented that under the proposal from Southwest, the City would be taking the same financial risks as if the City owned the course, and would also be giving up some control. He then stated that it was his recommendation to advise Southwest that the City is considering building the course themselves , but not to rule out the fact that in the event of problems , the city may still be interested in a managment proposal. Mayor Tate then commented that under any proposal the City would have to be responsible to the architects in the .final design of the course and suggested that .money be expended to hire Mr. Howard and possibly Mr. Byron Nelson to come up with the final drawing so that estimates can be obtained concerning the actual cost of the course. Mayor Tate commented that the change in the core policy would make it im- possible to extend the life of the lease through the cost sharing program, but through City financing, the life of the course could be extended another six years. The Mayor further stated that at this time, the city has 640 acres, and extended develop- ment planned, and that in his opinion it would not be wise to give up management rights to the entire facility. Councilman Pirkle stated that he concurred with the statements made by the Mayor. Councilman Dalton stated that if profit had to be guaranteed, that the City should be the recipient of that profit. Councilman Dunn asked what would the advantage be in building the north portion of the course before the South 18 holes. The City Manager answered that there would be less soil to move, therefore, cutting construction costs. He also stated that the top soil was better in that area and as a result, the grass would grow faster and better. Councilman Oliver stated that he concurred with the mayor's statements and that he too, was in favor of the City building the course. There was little other discussion. Councilman Dunn made a motion to authorize the City Manager to obtain a proposal. The motion was seconded by Councilman Pirkle and prevailed by the following vote: Ayes: Tate, Gideon, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None The next order of business was for the City Council to consider revisions to the Swimming Pool Manual. Parks and Recreation Director, Bob Hart, explained that he would like for the council to consider the following two revisions to the swimming pool manual. 1. Flotation devises may be used by children under the age of seven, provided the device is Coastguard approved, attached to the body, and a parent or guardian is present. Approval must be received from the pool manager who will use his descreti_on to determine if the pool is overcrowded or if use of the device could result in a dangerous situation. 2. Full time employees of the city to be issued one book of 15 free swimming pool passes per family on a one year trial basis. There was little discussion. Councilman Gideon made a motion to accept the revisions to the swimming pool manual as presented. The motion was seconded by Council- man Florence. Councilman Dunn stated that he would like to amend the motion to extract "Coastguard approved" from propsal number one . Mayor Tate asked Councilman Gideon if he would accept the amendment to his motion. Councilman Gideon answered no. The original motion made by Council- man Gideon was then voted on and prevailed by the following vote: Ayes : Tate, Gideon, Florence, Dalton and Pirkle. Nays : Dunn and Oliver The next order of business was for the City Council to make an appointment to the Board of Zoning Adjustments to fill the vacancy created by the resignation of Mr. Harold Kaker. Councilman Oliver nominated Mr. Jerry Spencer. Councilman Dunn made a motion to appoint Mr. Spencer by acclamation. The motion was seconded by Councilman Pirkle, and prevailed by the following vote: i Ayes : Tate, Gideon , Florence, Dalton, Pirkle, Dunn & Oliver Nays: None The next order of business was consideration of the minutes of June 1 and June 15, 1976. Councilman Florence stated that in the first paragraph of page five of the minutes of June 1, 1976, that it was recorded that he made a motion concerning nominations on the Electrical Board. Councilman Florence stated that he had disqualified hiiaself from that appointment and could not have made the motion. The City Secretary stated that she would review her notes and make the correction. The minutes stand corrected as requested. Councilman Oliver then made a motion that the minutes be approved as corrected. The motion was seconded by Councilman Pirkle and prevailed by the following vote: Ayes: Tate, Gideon, Florence, Dalton, Pirkle, Dunn & Oliver Nays: None The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission concerning Zoning Application Z76-10. (Oak Grove Marina) City Council to also consider an ordinance if zoning is approved. The Assistant City Manager stated that the Planning & Zoning Commission unanimously recommended approval of zoning applica- tion Z76-10. The City secretary then read the proposed ordinance. Councilman Oliver stated that he was concerned about the City Fire Code and the number of exits provided in the proposed restaurant. Mrs. Hart commented that they were acxeeab-le to provide another exit as per the City Fire Code. Councilman Dunn commented that he did not feel that the grant- ing of this application would be in the best interest of the Grapevine area. He further stated that he did not feel that the facilities were adequate for what was being proposed. Councilman Dalton acknowledged that the Planning & Zoning Commission seemed to be well satisfied since there was a unanimous recommendation in favor of the zoning change. He further commented that this type of zoning could be very strictly controlled by the Texas Liquor Control Board, there- fore, he would be in favor of the zoning. ORDINANCE NO. 76-18 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING KNOWN AS TITLE 10, 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 TO "C-2" COMMUNITY BUSINESS DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRE- SERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMIN- ING THAT THE PUBLIC INTEREST, MORALS AND GENERAL 1-1JEL- FARE 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 consider the recommendation of the Planning & Zoning Commission corcerninn the preliminary and final plat of 3afevzay i 'ditim Number Four. The Assistant City Manager stated that the Planning & Zoning Commission recommended approval of the plat contingent upon en- trances and exits to the eight landlocked areas to be worked out between the City, Mr. Conine, (Safeway representative) and the owners of the eight lots. Mr. Jimmy Conine, Safeway representative, stated that he did not have the authority to speak for Safeway in this regard, but that he felt that this contingency would restrict the growth of the area and he did not feel that Safeway would agree to provide entrances and exits to the eight lots in question. At this point, Mayor Tate asked the City Attorney if a joint discussion could be conducted to include consideration of an application by Safeway Stores , Inc. for the purpose of vacating certain alleys and a street. The City Attorney answered that be- cause of the closly related subject matter that it would be appropriate and permissable. Mr. Conine pointed out on a transparency the alleys and streets to be considered for abandonment. See Exhibit "A" attached here- to and made a part hereof to the minutes of the City Council meeting of June 22, 1976. Captain G. H. Woolweaver, oil behalf of Dr. David A. Woolweaver and Lt. Col. Robert G. Woolweaver respectively stated that the plat be disapproved contingent upon exits and entrances to property owned by his two sons. The property that Col. Woolweaver is referring to is Cook Subdivision, Block one, Lots 4-7 and Cook Subdivision Block 2, Lots 1-4. Col. Woolweaver stated that at present, North Barton Street is being used as entrance to the eight lots previously pointed out. He further commented that if North Barton Street is abandoned, the eight lots will be landlocked. The Assistant City Manager stated that research of City records had indicated that the Grapevine City Council of 1918 had issued and signed a quit claim deed in which the portion of Barton Street between blocks 4 & 11 and the alley between blocks 3 & 4 of the Starr Addition had been deeded back to the property owners in exchange for a 30 foot street extending across the south line of blocks 3, 4 and 11. 3 Mayor Tate explained to Mr. �-Vloolweaver, that in reality, that portion of Barton Street was closed in 1918 and that at this time, the City Council was simply ratifying that action by way of an ordinance to satisfy the title company involved in the transaction. He commented that if the ' Council was trying to decide whether or not to close the street , then they would take into consideration the land- x lock situation. He explained that the deed on record was properly signed by each City -Alderman and was executed in good faith indicating that the street was closed in 1918. The City Secretary read the caption of the proposed ordinance. Councilman Dunn made a motion to adopt the ordinance. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes: Tate, Gideon, Florence, Oliver, Dalton, Pirkle, & Dunn Nays: None ORDINANCE NO. 76-19 f AN ORDINANCE RATIFYING PREVIOUS COUNCIL ACTION RELATIVE TO THE VACATION OF CERTAIN STREETS AND EASEMENTS, CLOSING, ABANDONING AND VACATING CERTAIN ALLEYS AND CERTAIN STREETS AND PORTIONS OF STREETS IN THE CITY OF GRAPEVINE, TEXAS, AS HEREINAFTER DESCRIBED; PROVIDING CONDITIONS AND DECLARING AN EMERGENCY. Councilman Dalton made a motion to approve the proposed plat with delineation of a five foot easement along the north property line and a five foot easement along the mast westerly west property line. The motion was seconded by Councilman Pirkle and prevailed by the following vote: Ayes:Tate, Gideon, Florence, Oliver, Dalton, Pirkle, & Dunn Nays: None The next order of business was for the City Council to review the bid tabulation and award the bid for a tractor to be used by the street department. The Assistant City Manager presented the bid tabulation and explained that the City Staff recommended that the bid be awarded to Hatcher Tractor Company in the amount of $5,048.77. Councilman Dalton made a motion to accept the recommendation of the City Staff and award the bid to Hatcher Tractor Company in the amount of $5,048.77. The motion was seconded by Council- man Oliver and prevailed by the following vote : Ayes: Tate, Gideon, Florence, Oliver, Dalton, Pirkle, & Dunn Nays: None The next order of business was for the City Council to appoint a City Health Officer for 1976-77. Councilman Pirkle made a motion that Dr. Sam L. Gladney be reappointed as the City Health Officer for 1976-77. The motion was seconded by Councilman Gideon and prevailed by the following vote: Ayes: Tate, Gideon, Florence, Oliver, Dalton, Pirkle, & Dunn Nays: None The next order of business was for the City Attorney to discuss the City's responsibility in regard to the Public Utility Act. City Attorney, John Royle reported that he was recently in Austin and that there is a serious auestion as to the jurisdiction of the Utility Commission. The City Attorney .recommended that the City go ahead and make application, but to go on record as questioning the jurisdiction of the Utility Commission. Councilman Florence made a motion to authorize the City Staff to file application and to also file a statement questioning the jurisdiction and authority of the Commission. The motion was seconded by Councilman Gideon and prevailed by the following vote: Aves : Tate, Gideon, Florence, Oliver, Dalton, Pirkle, & Dunn Nays: None The next order of business for the City Council to recess to the Conference Room to hold a closed executive sessl_on to discuss personnel, the purchase of real estate, and pending litigation persuant to Art-'.cl.e F252-1'', Section 2, (e, ) (f, ) and (g) , Texas Civil Statutes. The council reconvened in the Council Chambers at 11:45 P.M. Councilman Oliver made a motion to adjourn the meeting. The motion was seconded by Councilman Florence and all present voted aye. 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