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1974-09-03 Regular Meeting
q CITY OF GRAPEVINE, TEXAS AGENDA REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 3, 1974, AT 7:30 P.M. COUNCIL CHAMBERS - 413 MAIN STREET g I CALL TO ORDER II. INVOCATION - to be given by Councilwoman Conine III. CITIZENS REQUESTS AND/OR MISC. REPORTS AND DISCUSSIONS A. Mr, Benny Moore to appear before the Council to discuss public employees. B. Mr. and Mrs. Favreau to appear before the Council to discuss the shooting of a dog. C. Mr. Richard Eakins to appear before the Council to discuss the Reciprocal Commuter Tax. D. Mrs. Ruth Supthen to appear before before the Council to discuss a proposed gun ordinance. IV. OLD BUSINESS A. Zoning Application Z-73-32, Ann Carlson requesting C-2 on a 4 acre tract of land in the A.F. Leonard Survey, Abstract No. 946. B. Zoning Application Z-74-10, Jon Michael Franks requesting C-1 and R-3 on a 27.13 acre tract located in the W. P. Herring Survey, Abstract No. 663. C. Zoning Application Z-74-11, Dr. Ed Lancaster requesting PD j on a tract of land located in the A. Foster Survey, Abstract No. 518. D. Zoning Application Z-74-12, Lloyd Graves and Ray Ward requesting � C-2 on Trash 35, A.F. Leonard Survey, Abstract No. 946. E. Council to consider Ordinance No. 74-30, an ordinance establishing updated fringe benefits for City employees. V. NEW BUSINESS i A. Council to consider two resolutions that need to be approved to qualify the City for the EPA Grant. B. Council to consider entering into a new updated contract for sewer system improvements for the EPA Grant. C. Council to go into a closed meeting for a consultation with the o City Attorney. This closed meeting will be on this topic only persuant to Article 6252-17, Section (e), Texas Civil Statutes. IN ACCORDANCE WITH ARTICLE 6252-173, V.A.T.C.S., AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, 1969, THE CITY COUNCIL AGENDA WAS PREPARED AND POSTED ON THIS THE 30TH DAY OF AUGUST, 1974, AT 4:45 P.M. CITY SECRETARY I i 3 I I f 3 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas, convened in regular meeting at 7:50 P.M., on this the 3rd day of September, 1974, with the following members present, to-wit: William D. Tate Mayor Thelma Conine Councilwoman Doil Dalton Councilman Millard Dilg Councilman Tommy Eidson Councilman C. D. Pittard Councilman Bob Murphy Councilman constituting a quorum, with Floy Ezell City Manager Jim Hancock Assistant City Manager Kenneth Pritt City Secretary John Boyle Cit y Attorney Mayor Pro-Tem, Doil Dalton called the meeting to order and announced that the Mayor would be a little late. Councilwoman Conine gave the Invocation. Mr. Richard Eakins was present as the first of three citizens to appear before the Council. Mr. Eakins stated that he felt the City should have an ordinance establishing a reciprocal commuter tax. He stated that certain cities may start taxing, people that work in those cities but do 'not live there and he felt that the City of Grapevine should have an ordinance where the City can recipro- cate by taxing the people from other cities that work in Grapevine but do not live here. Councilman;:Eidson questioned the legality of such a tax and the City Attorney stated that, in his opinion, such a tax would have to be an equal tax, taxing all persons working in the City of Grapevine. Mr. Eakins stated that his suggestion was based on a reciprocal agreement between certain states on hunting license. The City Attorney then stated that}his was not a tax. It was the general consensus of the Council that if a city would establish this-, �, tax, that the Council would definately look into the matter. The next person to appear before the Council was Mrs. Supthen who was present to discuss the current status of a proposed gun ordinance. , Mrs.: Supthen read ' presentation to the Council and then asked the City Attorney to inform her of the present status on the ordinance. The City Attorney gave a brief history of the proposed ordinance. The City Attorney felt that a public hearing on this ordinance would be appropriate to inform the citizens and he instructed the City Secretary to have the Public Hearing at the next regular Council meeting of September 17, 1974. Councilman Eidson stated that he was concerned about what regulations the Corps of Engineers had on their property as to duck and geese hunting. It was also the concern of the Council to include the restrictions of arty projectile firing..,devises (pellet guns, BB guns, etc.) in the propsed gun ordinance. Mrs. Supthen was assured by the City Manager that the ordinance was being worked on with great expediency. Mr. and Mrs. Favreau were the next citizens to appear before the Council. Mr. Favreau reiterated the events taking place from the time his dog was shot. Mr. Favreau demanded to know the present status of an investigation that the City Manager was to conduct. The City Manager stated that he had just received the report and sworn statements that morning. He also stated that the report was delayed because certain personnel that were involved had taken vacations. ow- The City Manager also stated that Mr. Favreau would get a copy of the report and that he would make his report at the following Council meeting. Mr. Favreau requested that he be given a chance to give a sworn statement, The Mayor stated that Mr. Favreau would not be asked to give a sworn statement •'' and he assured Mr. Favreau that he would get a copy of the investigation and that the matter would appear again on the next regular meeting agenda. The Mayor then declared a recess at 8:30 P.M. The Council reconvened with all members present at 8:45 P.M. The next order of business was for the Council to consider four zoning appli- cations. The first of these being Z-73-32, Ann Carlson requesting C-2 on a 4 acre tract of land in the A. F. Leonard Survey, Abstract No. 946. The City Secretary gave a brief history of the application up to this time. Council- man Murphy stated that he was receptive to granting the C-2 along the access road only. There was a brief discussion and Councilman Murphy made a moticn to concur with the recommendations of the Planning and Zoning Commission and disapprove the zoning application. There was no second and Councilman Murphy amended his motion to grant the C-2 zoning 250 feet back from Ruth- wall Road and leave the remaining acerage as it is presently zoned. Council- man Dil seconded the motion and the motion failed by the following vote: Ayes: Tate, Dilg, Conine, Murphy, Eidson Noes: Pittard, Dalton Councilman Pittard stated that he voted nay because he was not clear exactly where the 250 foot line was located on the property and he filt the Council should have Ann Carlson come back before the Council with some type of metes and bounds description. Councilman Dalton stated that he voted nay because lie felt the whole 4 acres should be zoned C-2. Councilman Dalton made a motion to table the zoning application until September 17, 1974. Councilman Pittard seconded the motion and the motion prevailed by the following vote: Ayes: Tate, Dalton, Dilg, Conine, Murphy, Pittard Noes: None Abstaining: Ei&on Councilman Eidson stated that he was abstaining because he would like to have some concentrated work done on the present zoning ordinance because he feels there is too br©rs,d a prospective as to what is. in each zoning classification. The next zoning application was Z-74-10, Jon Michael Franks requesting C-1 and R-3 on a 27.13 acre tract located in the W. P. Herring Survey, Abstract No, 663. The City Secretary gave a brief history of the application and stated that the Planning and Zoning Commission had approved the application for "SP" restricting the density to 20 units per acre and calling for a site plan to be submitted to the Council showing the positions of roads and also a site plan for the 6 acre tract requested for C-1. The City Attorney stated that unless the applicant specifically indicated that he was willing to submit site plans that the Council should consider this application on its original zoning re- quest. After a brief discussion, Councilman Murphy made a motion to table the application until a site plan is submitted. There was no second and Councilman Murphy withdrew his motion. Councilman Eidson made a motion to table the application until the Council could get an update on the Preliminary Land Use Plan of the Master Plan. Councilman Dalton seconded the motion and the motion prevailed by the following vote; Ayes: Tate, Dalton, Dilg, Eidson, Murphy, Conine, Pittard Noes: None The next zoning application was Z-74-11, Dr. Ed Lancaster requesting a "PD" on a tract of land located in the A. Foster Survey, Abstract No. 518. The City Secretary gave a brief history of the application and stated that the Council was considering only the tract north of West College Street. Mayor E Tate and Councilman Pittard disqualified themselves; Mayor Tate because he is a property owner in that area and Councilman Pittard because he has an interest in the property involved. The City Secretary stated that the Planning and Zoning Commission had recommended that the Council disapprove the zoning application. After a short discussion, Councilman Eidson made a motion to accept the recommendation of the Planning and Zoning Commission to disapprove the "PD" on the tract of land located to the north of West College Street but that he would be receptive at a later date to rezone the tract upon an improvement of the access roads. Councilman Murphy seconded the motion and the motion prevailed by the following vote: Ayes:.< Dalton, Dilg, Conine, Murphy, Eidson Noes: None Disqualifying: Tate, Pittard The next zoning application was Z-74-121 Lloyd Graves and Ray Ward requesting C-2 on Lot 35 of the A. F. Leonard Survey, Abstract No. 946. The City Secre- tary gave a brief history of the application and stated that the Planning and Zoning Commission had recommended that the Council approve the zoning appli- cation. There was a brief discussion about screening and it was stated that the zong sprdinance requireder screening. Councilman Pittard made a motion to approve the C-2 zonIn for zoning application Z-74-12. Council- man Dilg seconded the motion and the motion prevailed by the following vote: Ayes: Dalton, Dilg, Eidson, Conine, Pittard, Murphy Noes: None Absent: Tate The next order of busines&E was for the Council to consider Ordinance No. 74-305, an ordinance establishing updated fringe benefits for City employees. The Mayor instructed the City Secretary to read the caption of the ordinance. The City Secretary read the caption and little discussion followed. Councilman Eidson made a motion to approve Ordinance No. 74-30 on an emergency basis. Councilman Pittard seconded the motion and the motion prevailed by the following vote: Ayes: Tate, Dalton, Dilg, Pittard, Conine, Eidson, Murphy Noes: None Councilman Murphy stated that an upgrading in the retirement benefits should be started in order to update them by October of 1975. The Mayor stated that he would meet with Councilman Murphy and Eidson to establish a committee or pro- ceedure to look into the retirement program. ORDINANCE 74-30 AN ORDINANCE ADOPTING REVISED STANDARDS FOR EMPLOYEES IN THE AREA OF MANDATORY RETIREMENT; LONGEVITY PAY; INCENTIVE TRAINING PROGRAM; SICK LEAVE; VACATION BENEFITS AND SALARY ADJUSTMENTS; SETTING THE EFFECTIVE DATE OF SAID POLICIES AND DECLARING AN EMERGENCY. The next order of business was to consider two resolutions. Resolution No. 74-8, a resolution authorizing an application for a Federal Grant for a sewage inter- ceptor main, was introduced by the City Manager. There was little discussion and Councilman Dilg made a motion to approve Resolution No. 74-8. Councilman Murphy seconded the motion and the motion prevailed by the following vote: Ayes: Tate, Dalton, Dilg, Pittard, Conine, Eidson, Murphy Noes: None RESOLUTION 74-8 RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL GRANT FOR SEWAGE INTERCEPTOR MAIN Resolution No. 74-9, a resolution adopting an agreement to construct a sewage interceptor main under a Federal Grant (EPA), was introduced by the City Manager who gave a brief history of the resolution. There was little discussion and Councilman Eidson made a motion to adopt Resolution No. 74-9. Councilman Dalton seconded the motion and the motion prevailed by the following vote: Ayes: Tate, Dalton, Dilg, Pittard, Conine, Eidson, Murphy Noes: None RESOLUTION 74-9 RESOLUTION OF AGREEMENT TO CONSTRUCT SEWAGE INTERCEPTOR MAIN UNDER FEDERAL GRANT The next order of business was to consider an updated contract with Freese and Nichols Engineers for engineering services for sewer system improvements for the EPA Grant. The City Manager gave a brief history of the contract. There was little discussion and Councilman Eidson made a motion to authorize the Mayor to pign the contract. Councilman Murphy seconded the motion and the motion pre- vailed by the following vote: Ayes: Tate, Dalton, Dilg, Pittard, Conine, Eidson, Murphy Noes: None The Mayor announced that the Council would go into a closed meeting persuant to Article 6252-17, Section (e), Texas Civil Statutes. The Council retired to the Conference Room. The Council reconvened in the Council Chambers and there being no further business Councilman Eidson made a motion to adjourn the meeting. Councilman Murphy seccn ded the motion, all present voted "aye" and the meeting was adjourned at 10:55 P.M. PASSED AND APPROVED, this the /7 day of , 1974. MA ATTEST: SECRETARY