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HomeMy WebLinkAbout1974-05-07 Joint Meeting , � I CITY OF GRAPEVINE, TEXAS i AGENDA ', JOINT CITY COUNCIL/PLANNING � ZONING COMMISSION MEETING ' MAY 7 , 1974, AT 7 :30 P .M. , COUNCIL CHAMBERS - 413 MAIN STREET ', SPECIAL CLOSED MEETING OF CITY COUNCIL - 7: 00 P .M. [Persuant to Article 6252-17 , Section [F] , Texas Civil Statutes. This section permits closed meetings to discuss purchase o� real property. ) I. Authorize the purchase of a 2. 76 acre tract of land owned by ' - John Vilbig , adjacent to the sewer treatment plant to be used ', for a dog pound, Public Works facilities , and other city uses. ' � � � PUBLIC HEARING - 7 :30 P .M. � i I. CALL TO OFiDER i i II . INVOCATION [to be given by Mayor W. D. Tate] � I III. PUBLIC HEARING: i A. (Z-74-6] , Mr. Aubrey Smith requesting a zone change from � "R-3 multiple �amily dwelling" to "SP specific use permitrr , for nursing home on a one acre tract o� land in the Thomas ; Mahan Survey , Abstract 1050. The acre of land is situated i to the west and is adjacent to the four acre tract of land previously zoned "SP specific Use permit" �or a nursing home under zoning epplication Z-73-11 and the ultimate passage of � ordinance 73-74. Also under consideration �or approval is � the site for the nursing home on the Five acre tract. � i � �;, end of public hearing =;, i i i PLANNING � ZO NING CDMMISSION Q . Consideration o� replat of Lot 18, Blk. 5, Section l , � Grapevine Lake Estates Edition. This replat reestablishes j front and side yard building lines to conform with the i � City Building Code. There are no dimensional changes on the i - lot lines. [City Staf� recommends approval ] � , i i CITY COUNCIL � � 3 IV. CITIZENS REQUESTS AND/OR MISC. REPORTS 6 DISCUSSIONS � I A. Interview o� Jim Scoggins , architect, to discuss a proposed � municipal complex. [this is the last o� such interviews] � � � B . � , ; , V. OLD BUSINESS � 1 , A. Consideration of an ordinance granting a zoning change on a I tract o� land in the J. N. Gibson Survey, Abstract No. 591 , I �rom "R-1" to "SP" Specific Use Permit District - commercial and business uses/alcoholic beverages for off-premise con- sumption; on an emergency besis. The applicant is Dave Michener and the location is 3311 West Highway 121 Business. � The City Council , at the meeting of April 2, accepted the �` recommendation of the Planning 6 Zoning Commisssion and 5 instructed the City Attorney to dra�t an ordinance granting the zone change. The proposed ordinance granting the proposed change was considered at the City Council meeting o� April , � 23, 1974, and the Council delayed action on this ordinance � until the next meeting when more members of the City Council � would be present. � i � ! � k, � i i t � �a } I � � 7E f i l VI . NEW BUSINESS � � � ; A. Review bids teken on city cars to be sold. � � ''o- I B . Review bids taken on pumps , tank, and water line in i connection with purchase o� water from Oallas - Ft. Worth � ; Airport. i C. Resolution concerning the Edarp-City Constructions Cdntract, ', lif t station and �orced main contract authorizing U .S.F.E G, ' surety company to �inish the project by substituting a new j contractor; said resolUtion calling �or additional bond i and insurance by the new contractor and preserving all � present contractual rights. ; 1 D. Authorize the purchase of a 2. 76 acre tract o� land owned ; by John Vilbig, adjacent to the sewer treatment plant, to be used for a dog pound, Public Works facility , and other city uses. I E. Discussion of setting appropriate speed limits on Hall � Johnson and Pool Road. i 1 3 F . Consideration of salary and fringe benefit adjustments � for city employees due to rising cost of living. � � 3 0 G. Consideration o� the approval of the water supply contract ' � with the Dallas - Ft. Worth Airport. � � � I � I ; i � � � ! i i � i � i i � � ; a i i E i i f t � � I I IN ACCORDANCE WITH ARTICLE 6252-17, V. A. T. C. S . , ; AS AMMENDED BY CHAPTER 227, ACTS OF THE 61ST E LEGISLATURE, REGULAR SESSION, 1969, THE CITY ; COUNCIL AGENDA WAS PREPARED AND POSTED ON THIS j THE 3RD DAY OF MAY , 1974, AT 2: 00 P .M. � j i I "t ��i�(/. CITY SECRETARY , 1 i 3 ; _ s P R � �, , i STATE OF TEXAS Q � COUNTY OF TARRANT 0 CITY OF GRAPEVINE � r � � The City Council and Planning � Zoning Commission nf the E- City o� Grapevine, Texas , convened in joint meeting at 7: 06 ! � p . m. , on this the 7th day of May , 1874, with the following #' � members present, to-wit: � William D. Tate Mayor ' �Doi1 Dalton Councilman 4 ,� `1,Tommy Eidson Councilman � `� Thelma Conine Councilwoman t 3 C. D. Pittard Councilman p_ U Millard Dilg Councilman � �? Bob Murphy Counci lman � , F � constituting a quorum , and � r Ted Ware Chairman ` Harlen Joyce Member ' Joe Kennedy Member 4; Jerry Jordan Member constituting a quorum , with Don Stiles absent, and a Floy Ezell City Manager f Jim Hancock Assistant City Manager � Kenneth Pritt City Secretary . John Boyle City Attorney � � Mayor Tate called the meeting to order. � ; The Invocation was given by Mayor Tate. £ i ' '� Mayor Tate announced that the City Council would retire to { the conference room for a special closed meeting to discuss x ? the p urchase of a 2. 76 acre tract o� land owned by .1ohn � Vilbig, adjacen-t to the sewer treatment plant to be used � for a dog p��ind, Public Works �acility, and other city uses. � � [Article 6252-17, Section [F] , Texas Civil Statutes permits closed meetings to r�iscuss purchase o� rsal proper�y. ) Mayor Tate opened the public hearing at 7:40, Zoning appli- cation [Z-74-6] was considered. Mr. Bill Reed made the pre- sentation for the applicant, Aubrey Smith, who was unable to attend tl-�e hearing. Mr. Reed reqUested a zone change from F "R-3 Multiple Family Owelling" to "SP Specific Use Permit �istrict" for nursing home on a one acre tract of land in the Thomas Mahan Survey , Abstract 1050, Also to be con- ! sidered was the plan site for the nursing home on the tract. ` It was �xplained that the nursing home was rotated 90 degrees � and would be f acing the South where the plan originally € i called for it to face Dove Road to the East. I PLANNING � ZONING COMMISSION: � k' Joe Kennedy moved to close the public hearing and the motion was seconded by Harlen Joyce. The motion prevailed by the ` '� �ollowing vote : ; Ayes : Ware , Joyce , Kennedy , Jordan Noes : None � Absent: Stiles CITY COUNCIL : � Councilman Eidson moved to close the public hearing and � Councilman Dilg seconded the motion. The motion prevailed � by the �ollowing vote : � Ayes : Tate, Dalton, Dilg, Conine, Pittard, Eidson, Murphy ' Noes : None 1 , t � � 1 � ; i ; 3 s i � t ' � i � 9 9 � With no �urther discussion on zoning application [Z-74-6] , ! � � Mayor Tate closed the public hearing. � i i s s The City Council continued to meet for the regular meeting � � o� May 7, 1J74. i � The next order of business was an interview o� Bill Jackson, ' architect, representing Mr. Jim Scoggins who was unable to y ^ appear for the interview. Mr. Jackson gave his presentation � on the slide projecton. The slides represented some of the ; work that his �irm k�ad completed. He stated that his firm ''� ` had done work with the municipalities o� Irving and Den- ; ? nison. Councilman Eidson made the point that the first, � ' prime concern of the City was someone picking a certain site ' ` and convincing the City Council as to why that particular � p site is most important and best. � i i ' The next order of business was the consideration of an f g� ordinance granting a zoning change on a tract o� land in t ° the J. N. Gibson Survey , Abstract No. 591 , �rom R-1 to "SP" � � Specific Use Permit District - commercial and business uses/ � s alcoholic beverages for off-premise consumption; on an ; emergency basis. The applicant is Dave Michener and the ; location is 3311 West Highway 121 Business. There was a ' ' short review of the ordinance with Councilmen Dilg and ' � Eidson. There was sotne additional discussion of the sub- i � ; ject. Councilman Murphy �elt as if the City may have I-iad a ` 3 commitment to the applicant because of improvements m�de on � s and to the property. Mr. Hancock read the minutes o� a � ; prior meeting, January 21 , 1974, to help establish that the a � City had no commitment because the improvements were made � � on a voluntary basis. Mayor Tate suggested that i� the ap- ' i plicant was to be treated �..inarbitrarily , that he be given ! valid reasons For being turned down on his application. There was noted concern as to the proximity o� the location to the school and also some concern as to the legality of turning down the particular application and granting one � at a later date at a similar location. Mayor Tate asked # the City Attorney about tl-ie legal position of tl-ie City. � Mr. Boyle stated that there were two points to be observed: [1 ) that dispensati.on of alcoholic beverages in any form is not a property right, and, [2) that the ordinance is stated in such a way that the city is safe by ruling on each separate location, and such a ruling does not establish a � legal precedent on any other locations. The City Attorney t then recommended that the best procedure was to relist the � consideration o� the ordinance on the next agenda and to notify the applicant o� such action. He also stated that ; this was a legislative matter of passing an ordinance and � not a full discussion of pros and cons of the zoning case. � Councilman Eidson made the motion to accept the recommen- �: dations of the City Attorney. Councilman Pittard seconded � the motion. The motion prevailed by the following vote: � Ayes : Tate, Dilg, Murphy , Conine, Pittard, Eidson , Dalton F Noes : None � � The next order of business was to review bids taken on � bids taken on city cars to be sold. Mr. Ezell , City Man- ager , explained that no bids had been received and that the City would readvertise. The City Attorney explained tha-t i� no bids were received this time that the City could go into negotiations for the selling o� the cars. The next order of business was to review bids taken on ¢ pumps , tank , and water line. Mr. Hancock explained that the � engineer had not allowed enough time and hed to readvertise �or the bids. The new date set for the opening o� -�he bids � was given as May 17, 1974. � � At this time, Mayor Tate declared a recess. � � % � � kf 4' � The meeting reconvened with the following members presen-t: �' Tate, Dilg, Conine, Murphy , Pittard, Eidson, Oalton The next order o� businees was a resolution concerning the Edarp-City Constructions Contract, lif t station and �orced � � main contra�t authorizing U. S.F . 6 G. surety company to finish € the project by substitUting a new contractor; said resolution ' calling for additional bond and insurance by the new con- � tractor and preserving all present contractual rights. �: Councilman Pittard asked the Cities legal position against � f Edarp Corporation �or maintenance o� improperly completed � work, The City Attorney stated that they had to meet specifi- E cations of the contract. The Assistant City Manager stated � that most contracts were good for maintenance o� improper work � � for a year. Joe Lipscomb, City Inspector, gave a brie� summary � of the work being done by Onyx, the subs-tituting contractor. i � He felt that lif t station #3 was near completion and that a tie-ons for the sewer line could be started af ter bids were 1 received on May 17, 1974. Councilman Dilg moved to adopt the j ; resolution as read and Councilman Pittard seconded the motion. The motion prevailed by the following vot�: Ayes : Tate, Dalton , Conine, Pittard, Dilg, Eidson , Murphy Noes : None " � RESOLUT'�ON N0 . 74-4 WHEREAS , the City of Grapevine, hereina�ter called ;: ; "City" , did enter into a construction contract with ' Edarp Corporation , a Texas Corporation, hereinaf ter � called"Contractor", said contract dated May 15, � 1973, �or the construction o� Northwest Sewer Sys- � tem Improvements , same being three [3] li�t stations �:� , and a force main ; and � � , . u WHEREAS, pursuant to said contrac�t, the Contractor € did furnish performance and paym�nt bonds pursuant , to the provisions of Tex. Rev. Civ. Stat. Ann. , 5160, the surety on said bonds being United States � i Fidelity and Guaranty Company o� Baltimore, Mary- a � land, hereinaf ter called "Surety" , a surety author- ized to do business in the State of Texas ; and WHEREAS, tf-ie Contractor did def ault on its obliga- tions under said contract and has f ailed to finish ` the work under said contract; and " € WHEREAS , the City pursuant to said contract did � notify the Surety that the Contractor had def ault- ; ed on its obligations under said contract and the �` j City did direct the Surety to complete the work on j said contract; and � I t WHEREAS, the Contractor has heretofore acknowledged de�ault under the contract and has released all of i , its right, title, interest in said contract, has . agreed that the Surety may take over the work under I said contract and finish same in accord�nce with the Performamce Bond and the terms of the contract and had agreed that all remaining contract �Unds �` may be paid to Surety or its assigns; and '�7.. WHEFiEAS, the Surety has entered into an agreement � with Onyx Construction Co . , Inc. , hereinaf ter called "Onyx" for Onyx to finish the project in accordance ` with the contract specifications ; and 4 WHEREAS, Onyx has agreed to f urnish statutory Per-, :� formance Bond, Labor and Material Bonds, Mainten- . ance Bond and a certi�icate o� insurance; and ' WHEREAS, City is agreeable �or Onyx to complete � said contract; � i i w I I € �, r i � � NOW, THEREFORE , BE IT RESDLVED BY THE CITY COUNCIL � 1 DF THE CITY OF GRAPEVINE, TEXAS : ! I I � � S�CTION 1 . That the City based on the premises and j facts above stated, does I-iereby agree the Onyx is an � i � acceptable completion contractor �or the Northwest � i Sewer System Improvements, with the �ollowing condi-- � i tions and stipulations : i � � � � A . That Surety, Edar^p and Onyx each acknowledge re- j j ceipt and agreement of this Resolution and note � j F their acceptance of same by signing and approving � i this Resolution in the space designated. This ' i Resolution shall take eff ect at such time as said � � Resolution is acknowledged, agreed to and accepted , by Surety, Edarp and Onyx. B . That Surety shell �urnish Rider to the existing j Payment Bond and Per�ormance Bond naming Onyx as Co-Principal for the completion o� the work under I; said contract. � " C. That Onyx shall furnish a Certi�icate oP Insurance ' to City in accordance with the contract. i fD. City does not relinquish any rights, whatsoever, � i under the subject contract, Per�ormance Bond and Payment Bond. � � � The next order o� business was the authorization of the purchase � o� a 2.76 acre tract o� land owned by John Vilbig, adjacent to � , the sewer treatment plant, to by used �or a dog pound, Public ; ' Works facility , and other city uses. The City Manager gave a � descrip tion of the tract. It was stated that the property i could be purchased at a price of $27, 600. 00. This is without the pro-rating of the taxes or any additional closing costs. ; A guarantee title and survey would also be included in the � sale price. The City Attorney suggested that a contract be � draf ted for Mr. Vilbig to sign and bring back before the coun- � cil for approval. Councilman Eidson moved that the Council � have City Attorney to draft the contract �'or the purchase of the ; land. Councilman Pittard seconded the motion. The motion pre- � vailed by the following vote : a Ayes : Tate , Murphy, Conine , Dilg, Dalton, Pittard, Eidson 4 Noes : None � € k The next order o� business was the discussion of setting appro- � priate speed limits on Hall Johnson and Pool Road. The City � Manager introduced the following letter from Police Chie� Lilly f which contains recommendations for proposed speed limits. � � May 3, 1974 � Mr. Floy Ezell � City Manager t Grapevine, Texas � Mr. Ezell : � � � Re�erence our earlier conversation concerning proposed =; speed limit signs on both Hall-Johnson and Doss-Knight � Roads, I have care�ully studied this matter and have � concluded that the maximum sa�e speed is 30 miles per � hour. This recommendation is based on the �ollowing in�ormation : � 1 . Both roads vary in width from 18' to 20' . � 2. The dirt shoulders are in very bad condition, pre- �; clUding their safe usage in emergency situatuins at � a higher rate o� speed. � 3. Road beds, especially on inclines , are in bad shape, � causing dips and chug-holes. :' � � . �, t � , �. { � i i ; ;. i ; 4. Roberts Road intersects Hall-Johnson Road on the crest � of a hill , making this a gazardous point at higher k rates of speed. 5. The over-all area is rapidly developing, creating more � [ ; traffic on both roads. 6. 7he new high school has added to traf�ic on both roads. 7. Bear Creek bridge is very narrow and cannot saf ely ac- � comodate meeting vehicles at higher speeds. i , , , �� While making this study , I checked the intersections along � both r-oads and �ound that there are no traffic control de- ; vices on any of' the streets that inter�ect either Hall- � Johnson Road or poss-Knight Road. Based on the foregoing ; in�ormation, I recommend: � � 1 : A stop sign be installed on Fioberts Road at its inter- � sec�ion with Hall-Johnson Road. �� 2. Yield signs be installed on Kelsey Court and W. T. Parr F' Road, at their intersection with Hall-Johnson Road. � 3. Yield signs be installed at Marsh Lane, Rolling Hills ; Lane, Barberry Road and BlueberryyRoad at their re- `: spective intersections with Doss-Knight Road. € I hope the above in�ormation will prove use�ul in your � final determination for establishing saf e speed zones in f this area. � € /s/ James E. Lilly i i Councilman Eidson moved �or the City Attorney to draf t an �` ordinance to set speed limits and post signs on City Streets � as recommended by Police Chie� Lilly. Councilman Dilg ` seconded the motion. The motion prevailed by the following ` vo te : � Ayes : Tate, Dilg, Conine, Dalton, Eidson, Murphy, Pittard �: Noes: None t ; I The next order of business was consideration o� salary and , fring� benefit adjustments for city employees due to rising � cost of living. The City Manager presented the subject to the council in the form of a surve_y made by Mr. Ed Crouse, City Controller , on 21 cities in the Dallas-Ft. Worth Metro- Area, plus two county po�licies ;and in�ormation taken �rom the Bureau o� Labor Statistics. The City Manager proposed that all City Employees be given a 7% pay increase e�f ective � immediately. This would be at an approximate pri�ce of $17, 000. 00 to the City in the next six months. He also pro- ; � posed that the City change its vacation policy to become ` more competitive with the surrounding cities. The City � Controller was called on to discuss where the money would � come �rom to allow this additional salary increase. He � , stated that all departments with the exception of a �ew were ! � four to forty percent under their budgets. He stated that money would come from fines collected in court, liquor sales tax, and sales tax from the airport. Councilman Eidson sug- gested that effort has been made in the past to raise salaries ` ' .to competitive range and he ��lt that the Council should have i' more study into the facts and figures be�ore taking any action. � He also �elt that department heads should be given salary "$, increases only on a merit basis. Mayor Tate then suggested that he would meet with Mr. Ezell ahd Mr. Crouse to consider the question more closely. Councilman Murphy f elt that the k City departments were a year behind surrounding communities � on salary increases and felt that increase should be given to the base salary first, be�ore the cost o� living increase be E' considered. He also f elt that the current trend o� cities + on vacations was to turn to a corporation style of vacations k. or two weeks up to three years on the job, three weeks up to �. five years, after five years to four weeks, and five weeks ' af ter twenty years. Councilman Eidson moved 'to have the ; � � , �