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Home My WebLink About1974-05-07 Joint Meeting I i CITY OF GRAPEVINE, TEXAS i AGENDA JOINT CITY COUNCIL/PLANNING 6 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 of 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. I PUBLIC HEARING - 7 :30 P .M. i I. CALL TO ORDER 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 family dwelling" to "SP specific use permit" , for nursing home on a one acre tract of land in the Thomas Mahan Survey , Abstract 1050. The acre of land is situated to the west and is adjacent to the four acre tract of land previously zoned "SP specific use permit" for a nursing home under zoning application Z-73-11 and the ultimate passage of ordinance 73-74. Also under consideration for approval is the site for the nursing home on the five acre tract. i end of public hearing i i PLANNING & ZONING COMMISSION B . Consideration of replat of Lot 1B, Blk. 5, Section 1 , 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 Staff recommends approval ] i i CITY COUNCIL 3 IV. CITIZENS REQUESTS AND/OR MISC. REPORTS 6 DISCUSSIONS I A. Interview of Jim Scoggins , architect, to discuss a proposed municipal complex. [this is the last of such interviews] , B . V. OLD BUSINESS 1 A. Consideration of an ordinance granting a zoning change on a I tract of land in the J. N. Gibson Survey, Abstract No. 591 , I from "R-1" to "SP" Specific Use Permit District - commercial and business uses/alcoholic beverages for off-premise con- sumption; on an emergency basis. 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 5 recommendation of the Planning 6 Zoning Commisssion and instructed the City Attorney to draft an ordinance granting the zone change. The proposed ordinance granting the proposed change was considered at the City Council meeting of 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 i k, t a� } I E7 f i l VI . NEW BUSINESS A. Review bids taken on city cars to be sold. I B . Review bids taken on pumps , tank, and water line in connection with purchase of water from Dallas - Ft. Worth Airport. C. Resolution concerning the Edarp-City Constructions Contract, lift station and forced main contract authorizing U .S.F.E G. surety company to finish the project by substituting a new j contractor; said resolution calling for additional bond and insurance by the new contractor and preserving all present contractual rights. 1 D. 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 facility , and other city uses. E. Discussion of setting appropriate speed limits on Hall Johnson and Pool Road. 1 3 F . Consideration of salary and fringe benefit adjustments for city employees due to rising cost of living. 3 0 G. Consideration of the approval of the water supply contract with the Dallas - Ft. Worth Airport. I 1 i i i i i i i i i a i i 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 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. 1 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 9 Zoning Commission of the E City of Grapevine, Texas , convened in joint meeting at 7: 06 p . m. , on this the 7th day of May , 1974, with the following members present, to-wit: William D. Tate Mayor /boil Dalton Councilman E '1,Tommy Eidson Councilman ' Thelma Conine Councilwoman t 3 C. D. Pittard Councilman p U Millard Dilg Councilman Bob Murphy Councilman F constituting a quorum , and r Ted Ware Chairman Harlen Joyce Member Joe Kennedy Member Jerry Jordan Member constituting a quorum , with Don Stiles absent, and a Floy Ezell City Manager r 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 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 facility, and other city uses. [Article 6252-17, Section [F) , Texas Civil Statutes permits closed meetings to discuss purchase of real property. ) 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 the hearing. Mr. Reed requested a zone change from r "R-3 Multiple Family Dwelling" to "SP Specific Use Permit District" 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 explained that the nursing home was rotated 90 degrees and would be facing the South where the plan originally called for it to face Dove Road to the East. I PLANNING 9 ZONING COMMISSION: k' Joe Kennedy moved to close the public hearing and the motion was seconded by Harlen Joyce. The motion prevailed by the ,I following vote : Ayes : Ware , Joyce , Kennedy , Jordan Noes : None Absent: Stiles CITY COUNCIL : Councilman Eidson moved to close the public hearing and Councilman Oilg seconded the motion. The motion prevailed by the following vote : Ayes : Tate, Dalton, Dilg, Conine, Pittard, Eidson, Murphy Noes : None 1 t 1 � i a t i S 9 With no further discussion on zoning application [Z-74-6] , i Mayor Tate closed the public hearing. s s The City Council continued to meet for the regular meeting of May 7, 1974. i The next order of business was an interview of Bill Jackson, y architect, representing Mr. Jim Scoggins who was unable to appear for the interview. Mr. Jackson gave his presentation on the slide projector. The slides represented some of the work that his firm had completed. He stated that his firm had done work with the municipalities of 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 I site is most important and best. The next order of business was the consideration of an 4 ordinance granting a zoning change on a tract of land in t ° the J. N. Gibson Survey , Abstract No. 591 , from R-1 to "SP" Specific Use Permit District - commercial and business uses/ 5 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 some additional discussion of the sub- ject. Councilman Murphy felt as if the City may have had a 3 commitment to the applicant because of improvements mode on s and to the property. Mr. Hancock read the minutes of a prior meeting, January 21 , 1974, to help establish that the City had no commitment because the improvements were made on a voluntary basis. Mayor Tate suggested that if the ap- plicant was to be treated unarbitrarily , that he be given valid reasons for being turned down on his application. There was noted concern as to the proximity of 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 the legal position of the City. Mr. Boyle stated that there were two points to be observed: [1 ) that dispensation 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 of the ordinance on the next agenda and to notify the applicant of 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 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 that if no bids were received this time that the City could go into negotiations for the selling of 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 had to readvertise for the bids. The new date set for the opening of the bids was given as May 17, 1974. At this time, Mayor Tate declared a recess. kf 4' The meeting reconvened with the following members present: ' Tate, Oilg, Conine, Murphy , Pittard, Eidson, Dalton The next order of business was a resolution concerning the Edarp-City Constructions Contract, lift station and forced main contract 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 Edarp Corporation for maintenance of improperly completed work. The City Attorney stated that they had to meet specifi- cations of the contract. The Assistant City Manager stated that most contracts were good for maintenance of improper work for a year. Joe Lipscomb, City Inspector, gave a brief summary of the work being done by Onyx, the substituting contractor. i He felt that lift station #3 was near completion and that a tie-ons for the sewer line could be started after bids were received on May 17, 1974. Councilman Oilg moved to adopt the resolution as read and Councilman Pittard seconded the motion. The motion prevailed by the following vote: Ayes : Tate, Dalton , Conine, Pittard, Oilg, Eidson , Murphy Noes : None RESOLUTION NO . 74-4 WHEREAS , the City of Grapevine, hereinafter called "City" , did enter into a construction contract with Edarp Corporation , a Texas Corporation, hereinafter called"Contractor", said contract dated May 15, 1973, for the construction of Northwest Sewer Sys- tem Improvements , same being three [3] lift stations : and a force main ; and u WHEREAS, pursuant to said contract, the Contractor did furnish performance and payment bonds pursuant to the provisions of Tex. Rev. Civ. Stat. Ann. , 5160, the surety on said bonds being United States 1 Fidelity and Guaranty Company of Baltimore, Mary- a land, hereinafter called "Surety" , a surety author- ized to do business in the State of Texas ; and WHEREAS, the Contractor did default on its oblige- tions under said contract and has failed to finish the work under said contract; and WHEREAS , the City pursuant to said contract did notify the Surety that the Contractor had default- ad 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 default under the contract and has released all of its right, title, interest in said contract, has agreed that the Surety may take over the work under said contract and finish same in accordance with the Performance Bond and the terms of the contract and had agreed that all remaining contract funds may be paid to Surety or its assigns; and WHEREAS, the Surety has entered into an agreement with Onyx Construction Co . , Inc. , hereinafter called "Onyx" for Onyx to finish the project in accordance with the contract specifications ; and F WHEREAS, Onyx has agreed to furnish statutory Per-, formance Bond, Labor and Material Bonds, Mainten- . ance Bond and a certificate of insurance; and WHEREAS, City is agreeable for Onyx to complete said contract; i i w I i i NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL 1 OF THE CITY OF GRAPEVINE, TEXAS : ! I I i SECTION I . That the City based on the premises and j facts above stated, does hereby agree the Onyx is an acceptable completion contractor for the Northwest i Sewer System Improvements, with the following condi- tions and stipulations : A . That Surety, Edarp and Onyx each acknowledge re- 1 j ceipt and agreement of this Resolution and note j F their acceptance of same by signing and approving this Resolution in the space designated. This i Resolution shall take effect at such time as said Resolution is acknowledged, agreed to and accepted , by Surety, Edarp and Onyx. B . That Surety shall furnish Rider to the existing Payment Bond and Performance Bond naming Onyx as Co-Principal for the completion of the work under said contract. C. That Onyx shall furnish a Certificate of Insurance i to City in accordance with the contract. D. City does not relinquish any rights, whatsoever, under the subject contract, Performance Bond and Payment Bond. The next order of business was the authorization of the purchase of a 2.76 acre tract of land owned by John Vilbig, adjacent to the sewer treatment plant, to by used for a dog pound, Public Works facility , and other city uses. The City Manager gave a description of the tract. It was stated that the property 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 drafted 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 for 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 of 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 Chief Lilly f which contains recommendations for proposed speed limits. May 3, 1974 Mr. Floy Ezell City Manager t Grapevine, Texas Mr. Ezell : Reference our earlier conversation concerning proposed speed limit signs on both Hall-Johnson and Doss-Knight Roads, I have carefully studied this matter and have concluded that the maximum safe speed is 30 miles per hour. This recommendation is based on the following information : 1 . Both roads vary in width from 18' to 201 . 2. The dirt shoulders are in very bad condition, pre- cluding their safe usage in emergency situatuins at a higher rate of 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 rates of speed. 5. The over-all area is rapidly developing, creating more G traffic on both roads. 6. The new high school has added to traffic on both roads. 7. Bear Creek bridge is very narrow and cannot safely ac- comodate meeting vehicles at higher speeds. r While making this study , I checked the intersections along both roads and found that there are no traffic control de- vices on any of the streets that intersect either Hall- Johnson Road or Doss-Knight Road. Based on the foregoing information, I recommend: 1 . A stop sign be installed on Roberts Road at its inter- section 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 information will prove useful in your final determination for establishing safe speed zones in f this area. /s/ James E. Lilly i i Councilman Eidson moved for the City Attorney to draft an ordinance to set speed limits and post signs on City Streets as recommended by Police Chief Lilly. Councilman Dilg seconded the motion. The motion prevailed by the following vote : Ayes : Tate, Dilg, Conine, Dalton, Eidson, Murphy, Pittard Noes: None t I The next order of business was consideration of salary and fringe 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 survey made by Mr. Ed Crouse, City Controller , on 21 cities in the Dallas-Ft. Worth Metro- Area, plus two county policies and information taken from the Bureau of Labor Statistics. The City Manager proposed that all City Employees be given a 7% pay increase effective immediately. This would be at an approximate price 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 from to allow this additional salary increase. He stated that all departments with the exception of a few 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 felt that the Council should have more study into the facts and figures before taking any action. He also felt that department heads should be given salary increases only on a merit basis. Mayor Tate then suggested that he would meet with Mr. Ezell and Mr. Crouse to consider the question more closely. Councilman Murphy felt 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, before the cost of living increase be E' considered. He also felt that the current trend of 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 after twenty years. Councilman Eidson moved to have the : i i I 1, consideration of salaries and fringe benefits tabled to the next regular Council meeting and in the next two weeks, the Council members study the facts and figures of the consideration. Councilman Murphy seconded the motion. The motion prevailed by the following vote : j Ayes : Tate, Dilg, Dalton, Conine , Pittard, Murphy, Eidson Noes : None The next order of business was dropped from the agenda pending 1 a meeting that would take place Friday, May 10, 1974. The next order of business was an emergency agenda item. This was a consideration of the Council to have the City Attorney to institute proceedings to call in bond company to take over and 3 finish E. NW. 0 Wall Sewer Project. Edarp Corporation, as a contractor, has not finished the project according to the plans ; project is overdue, and the public is suffering. This was a similar situation to one discussed earlier in the evening and there was little discussion. The Assitant City Manager gave a brief case history and Councilman Oilg made a motion to authorize the City Attorney to take proper proceedings to get the bonding company to take over and complete the work. Councilman Dalton seconded the motion. The motion prevailed by the following vote : Ayes : Tate , Dilg, Dalton , Conine , Pettard, Murphy, Eidson Noes : None This was all of the business to be taken care of on the agenda and the following points of interest were bought before the Council : B Laura Allen has retired from the police department after giving fifteen years of loyal service as a dispatcher. 4 9 Lights on the tennis courts in the City Park are to be turned off at 11 : 00 p . m. because of rising complaints from the neighbors. The City Manager reiterated some of his recent trip to Austin, Texas, where he visited with the Woodine Co. . They suggested that Leon Howard proceed with the application to secure lease of the land from the Corps _ of. Engineers. They also suggested ' that we look at some different designs of golf courses as they felt that those of Mr. Hunt could be improved on. k I Workman's Compensation will start in July, and will need action { from the council. There being no further business , Councilman Eidson moved that k the meeting be adjourned. Councilman Pittard seconded the motion. All voted Aye and the meeting was adjourned at 10:55 p. m. f 6 s S i 1 �)i PASSED AND APPROVED, this t o�� V day of //ti(k� , 1974. 9 3 B i 0 4 �s i MAYOR 6 ATTEST : t CITY SECRETARY i