Loading...
HomeMy WebLinkAbout1988-09-20 Joint Meeting� � � ; f s x t ; AGENDA CITY OF GRAPEVINE , TEXAS � REGULAR JOINT CITY COUNCIL � & ; PLANNING & ZONING COMMISSION MEETING TUESDAY, SEPTEMBER 20, 1988 AT 7: 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 � 307 WEST DALLAS ROAD � ;: � CALL TO ORDER i f INVOCATION: Commission Member Cathy Martin � E PRESENTATION � 1 . Certificate of Recognition to be presented to Police Officer Ron Hudson for his outstanding accomplishments during the National Police Olympics. y: � E JOINT PUBLIC HEARINGS 2 . City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application � CU88-06 submitted by Park and Wall Joint Venture (requesting ` conditional use permit for (1) a Planned Commercial Center, E' (2) the possession, storage and retail sale for off-premise � consumption of alcoholic beverages (beer only) in conjunction with the operation of two retail food stores and (3) a forty (40 ' ) foot, 288 square foot, pole sign) . The 14 . 30 acre tract is located on the northeast corner of Wall � Street and Park Boulevard. ` � 3 . City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU88-08 submitted by Castillo' s Mexican Restaurant (requesting conditional use permit for the possession, 4 storage and retail sale of beer, wine, and mixed alcoholic � beverages in conjunction with the operation of a restaurant located at 451 East Northwest Highway) . 4 . City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU88-09 submitted by Ms. Jherrie Logan/Deli Mart, Inc. (requesting conditional use permit for the possession, storage and retail sale for off-premise consumption of alcoholic beverages (beer only) in conjunction with the operation of a convenience store located at 3125 Ira E. Woods Avenue) . 5 . City Council and Planning & Zoning Commission to conduct a public hearing relative to the replat of Lot 11 , Block 6 of ' the W. C. Lucas Addition into two (2) lots. The property is �' located in the northwest portion of Grapevine. f � f � £ � t' � END OF JOINT PUBLIC HEARING Planning & Zoning Commission to recess to Conference Room #204 to consider other posted items. City Council to remain in the Council Chambers to consider further business . ` 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 MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 16TH DAY OF SEPTEMBER, 1988 AT 5 : 00 P.M. � � � City Secretary ; � � �: � ' ; k a i: 1 AGENDA 'j CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING + TUESDAY, SEPTEMBER 20 , 1988 AT 7 : 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD i CITIZENS REQUEST 5A. Mr. Tim Lancaster to address the City Council relative to improvements to the Farris Branch Drainage Project. CONSENT AGENDA Consent items are deemed to need little Council deliberation and ` will be acted upon as one business item. Any member of the City ` ' Council or member of the audience may request that an item be � withdrawn from the consent agenda and placed before the Council ' for full discussion. Approval of the consent agenda authorizes � the City Manager, or his designee, to implement each item in accordance with Staff recommendations. ; > 6 . Consider an ordinance amending Chapter 16, Article II of the Grapevine Code of Ordinances by providing for a new Sec- '. tion 16-33 regarding alcoholic beverages on Grapevine � Municipal Golf Course premises. Director of Golf recommends approval. 7 . Consider an ordinance amending Appendix E, Article II, Standard Specifications for Construction--Streets and x Drainage, Item 1 . 6 and Appendix E, Article III, Standard Specifications for Construction--Water Distribution System = and Sanitary Sewer System, Item 1 . 6 to reduce the amount of ; the maintenance bond required from one hundred percent (100$) to twenty-five percent (25$) of the construction cost. Director of Public Works recommends approval. �': f ; ' 8 . Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 8 relating to Municipal Court by providing a new Section 8-7 regarding arrest fees to conform �: with the Code of Criminal Procedures. Court Administrator � recommends approval. 9 . Consider an ordinance amending Chapter 18 , Section 18-50 (a) ; of the Grapevine Code of Ordinances authorizing Updated Service Credits and granting the additional rights, credits and benefits allowed under the act governing the Texas Municipal Retirement System. Personnel Director recommends approval. 10 . Consider an ordinance amending Chapter 18 Personnel of the Grapevine Code of Ordinances by adding a new Section 18-54 authorizing Military Service Credit allowed under the act governing the Texas Municipal Retirement System. Personnel Director recommends approval . 11 . Consider an ordinance amending Chapter 18 Personnel of the Grapevine Code of Ordinance by providing a new Sec- tion 18-152 entitled "Certification Pay" . Personnel Director recommends approval. 12. Consider an ordinance amending Chapter 18, Sec- tion 18-163 (d) (4) Personnel of the Grapevine Code of Ordi- �: nances relative to sick leave buy-back for department heads. Personnel Director recommends approval. 13 . Consider adopting the 5-Step Pay Plan as proposed for the Public Safety employees (Police Department) . Personnel Director recommends approval. � i; { �: � � 14 . Consider a resolution accepting and adopting the provisions of the Texas State Department of Highways and Public Transportation Commission Minute Order 87501 relative to improvements to Dallas Road from State Highway 114 to Loop 382. Director of Public Works recommends approval. 15. Consider an ordinance amending Chapter 18 Personnel of the ' Grapevine Code of Ordinances by including a new Section 18-151 to include provisions for acting-out-of classification pay. Personnel Director recommends approval. 16 . Consider an ordinance amending Chapter 18 Personnel, Section 18-142 (c) of the Grapevine Code of Ordinances relating to administration of the range step salary schedule. Personnel Director recommends approval. 17 . Consider approval of the minutes from the September 6 , 1988 meeting as published. City Secretary recommends approval. NEW BUSINESS 18 . Consider accepting the bids recommended by First Southwest Company for the sale of $6 , 700 ,000 of Waterworks and Sewer " System Revenue Bonds , Series 1988 , consideration of an ordinance providing for the issuance of the bonds and take any necessary action. 19 . Consider an ordinance calling a bond election for December 3, 1988 and take any necessary action. 20 . City Council to consider the selection of an executive search firm and take any necessary action. _ OLD BUSINESS 21 . Consider a policy relative to proportional drainage costs and consider authorizing the City Attorney to draft an ordinance amending the current City drainage ordinance to reflect the policy and take any necessary action. PLANNING & ZONING COMMISSION RECOMMENDATIONS 22. Consider Planning & Zoning Commission recommendation relative to Conditional Use Application CU88-06 (Park and Wall Joint Venture) and a subsequent ordinance, if applicable. 23. Consider Planning & Zoning Commission recommendation ' relative to Conditional Use Application CU88-08 (Castillo' s) and a subsequent ordinance, if applicable. 24. Consider Planning & Zoning Commission recommendation relative to Conditional Use Application CU88-09 (Jherrie Logan/Deli-Mart) and a subsequent ordinance, if applicable. 25 . Consider Planning & Zoning Commission recommendation relative to the replat of Lot 11 , Block 6 of the W. C. Lucas Addition and take any necessary action. 26. Consider Planning & Zoning Commission recommendation relative to the final plat of the Silvercrest Addition, Phase One and take any necessary action. 27. Consider Planning & Zoning Commission recommendation relative to the final plat of the Silvercrest Addition, Phase Two and take any necessary action. 28 . Consider Planning & Zoning Commission recommendation relative to the final plat of the Park and Wall Addition and take any necessary action. "'. k' t � � � EXECUTIVE SESSION ; 29 . City Council to recess to Conference Room #204 to discuss = real estate (relative to Dallas Road rights-of-way acquisition--Parcels No. 11 , 22 , 38 , 39 , and 42) under amendments to Article 6252-17 V.A.T.C. S. , Subsection 2 (f) . City Council to reconvene to Council Chambers and take any necessary action relative to real estate (Dallas Road rights-of-way acquisition--Parcels No. 11 , 22, 38 , 39 , and � 42) under amendments to Article 6252-17 V.A.T.C.S. , Subsection 2 (f) . MISCELLANEOUS REPORTS AND/OR DISCUSSION � ADJOURNMENT � 3 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 CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 16TH DAY OF SEPTEMBER, 1988 AT 5 :00 P.M. it Secretar �, � i � � 1 3 AGENDA CITY OF GRAPEVINE, TEXAS PLANNING & ZONING COMMISSION MEETING TUESDAY, SEPTEMBER 20 , 1988 AT 7 : 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD NEW BUSINESS 1 . Consider Conditional Use Application CU88-06 (Park and Wall Joint Venture) and make a recommendation to the City Council. 2 . Consider Conditional Use Application CU88-08 (Castillo' s) and make a recommendation to the City Council. 3 . Consider Conditional Use Application CU88-09 (Jherrie Logan/Deli Mart) and make a recommendation to the City Council. 4 . Consider the replat of Lot 11 , Block 6 of the W. C. Lucas Addition and make a recommendation to the City Council. 5 . Consider the final plat of the Silvercrest Addition, Phase One and make a recommendation to the City Council. 6. Consider the final plat of the Silvercrest Addition, Phase Two and make a recommendation to the City Council. 7. Consider the final plat of the Park and Wall Addition and make a recommendation to the City Council. 8. Consider Tree Removal Application 88-02 submitted by Mr. W. L. Cowley relative to 4600 Grapevine-Euless Road and take any necessary action. � 9 . Consider authorizing Staff to set a public hearing date to amend Comprehensive Zoning Ordinance, Section 58 Parking and Loading Area Development Standards and take any necessary action. WORKSHOP SESSION 10. Planning & Zoning Commission to conduct a quarterly workshop session and take any necessary action. CONSIDERATION OF THE MINUTES 11 . Minutes of August 16 , 1988 meeting. MISCELLANEOUS REPORTS AND/OR DISCUSSION ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 615T LEGISLATURE, REGULAR SESSION, THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 16TH DAY OF SEPTEMBER, 1988 AT 5 :00 P.M. . 6t/ Cit Secretar STATE OF TEXAS COUN'I'Y OF TARR�N'r CITY OF GRAPEVINE The City Council and Planning & Zoning Commission of the City of Grapevine, Te�as met in Regular Joint Session on this the 20th day of SeptemUer, 1988 at 7;30 p.m. in the Council Chambers, Municipal Court Roo�n #205, 307 West Dallas Road, with the following mPSnbers of the City Council present to wit: William D. Tate Mayor Ted R. Ware Mayor Pro Z�em Jim Glynn Council Member Sharron Spencer Council M�ember C. Shane Wilbanks Council Member Lynn R. Niederm�eier Council Member Gil Traverse Council Nlesnber constituting a quorum, with the following members of the Planning & Zoning Conmission: Ron Cook Chairnian Larry Oliver Vice Chairman Cathy Martin Member Larry Atchley Member Ervin Meyer Member Robert Hinson Member John Price Member constituting a quon�n, with the following members of the City Staff: Dennis E. Dawson City Manager Kelvin Knauf Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary GAIZ 'PO ORDER Mayor Tate called the meeting to order at 7:36 p.m. INVOCATION C�ission Me.mber Martin delivered the Invocation. ITEM l. PRESENTATION, OFFICER RON HUDSON Mayor Tate presented Police Officer Ron Hudson with a Certificate of Recognition for his outstanding acccanplishments during the National Police Olympics held in Las Vegas. Officer Hudson has been invited to compete in the International Police Olympics to be held in Australia, October 9-15, 1988. Mayor Tate expressed appreciation to all the police officers who com�te yearly in the track and field events in the Police Olympics. ' ITII�I 2. PLJBLIC HEARING, 00NDITIONAL USE APPLICATION CU88-06, PARK AND Tn�LL JOINT VIIVT[JRE Mayor Tate declared the public hearing open. Director of CamrnuZity Develo�xnent H. T. Hardy advised Park and Wall Joint Venture requested a conditional use permit for (1) a planned coam�rcial center, (2) the possession, storage and retail sale for off-premise consumption of alcoholic beverages (beer only) in conjunction with the operation of a retail food store and (3) a forty foot (40') , 288 square foot pole sign. The 14.3 acre tract is located on the northeast corner of Wall Street and Park Boulevard. Mr. Barry Knight, representing Park and Wall Joint Venture and the Henry S. Miller Develognent Ccxnpany, the developers of the Park West Plaza Shopping 09/20/88 Center, addressed the City Council and Planning & Zoning Co�nission. He noted the proposed uses and requested favorable consideration of the application. Mr. Brad Bowen, of Henry S. Miller Develo�anent Company, responded to questions from the Council and Planning & Zoning Cormtission regarding the proposed Park Boulevard extension. Construction plans are currently being reviewed by the City's Engineering Departrnent and he reported the required downstream drainage studies have been canpleted. The property must be platted prior to proceeding with the proposed extension of Park Boulevard. Brief discussion followed relative to the proposed anchor tenant--Tan Thumb. F ' Mayor Tate invited those guests present to co�nent either for or against the conditional use request. No one wished to speak and there was no correspondence to report. A motion to close the public hearing was made by Commi.ssion Member Atchley and seconded by CcxmLission Member Hinson. The vote prevailed as follows: Ayes: Cook, Oliver, Martin, Atchley, Meyer, Hinson, & Price Nays: None Council M�ember Wilbanks made a motion, seconded by Mayor Pro Tem Ware, to ' close the public hearing. The motion prevailed as follows: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ITII�I 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION C[J88-08, CASTIIJA'S NIEXICAN RESTAURANr Mayor Tate declared the public heari.ng open. Director of Conmunity Develo�ent H. T. Hardy stated that Castillo's M�ican ? Resta�urant filed a conditional use perntit for the possession, storage and retail sale of beer, wine and mixed alcoholic beverages in conjunction with the operation of a restaurant located at 451 East Northwest Highway. The restaurant will occupy 4,000 square feet of the 31,354 square foot building. Mr. Frank Castillo, co-owner of the restaurant, briefly addressed the Council and the Planning & Zoning Ccx�mission and requested favorable consideration of the conditional use application. There were no guestions from the Council or the Planning & Zoning Conmi.ssion. Mayor Tate invited guests present to speak either for or against the proposed conditional use request. No one wished to com�nt and there was no correspondence to report. C�ussion MP.mber Martin, seconded by Comnission Mesnber Meyer, made a motion to close the public hearing. The vote prevailed as follows: Ayes: Cook, Oliver, Martin, Atchley, M�eyer, Hinson, & Price Nays: None A m�tion to close the public hearing was made by Council Member Traverse. Council Member Niedermeier offered a second to the motion which prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ITFM 4. PUBLIC HEARING, C01�IDITIONAL USE APPLICATION CU88-09, DELI MART Mayor Tate declared the public hearing open. Director of C�rnanity Develo�xnent H. T. Hardy advised that Ms. Jherrie Logan had filed a conditional use permit for the possession, storage and retail sale for off-premise consiunption of alcoholic beverages (beer only) in conjunction with the operation of a convenience store located at 3125 Ira E. Woods Avenue. Mr. Haxdy noted the 1.63 acre tract has a 6,441 square foot strip center, with the Deli-Mart occupying 3,661 square feet of the building. ` �? (2) 09/20/88 Mr. Hardy advised the City of Grapevine Code of Ordinances requires a distance of 300 feet fr�n the nearest property line of a school to the front door of an establishment where alcoholic beverages are sold. The measurement sub�nitted with the case reflected a measurement of 310 feet fram the high school property line. But when using the methodology explained by the City Attorney, the distance measured (scaled froan the drawing) 270 feet between the school property line and the front door of the establishment. City Attorney John F. Boyle, Jr. stated that cities may pass an ordinance to preclude the sale of alcoholic beverages within 300 feet of a church or a public school. The City of Grapevine's ordinance provides the ability for the Council and the Planning & Zoning Conmission to grant a variance if unnecessary hardship or unjust application of the rule is determined under the particular facts. He then explained the methodology utilized in determining the 270 foot measurement was froan the front door of the establishment in a straight line to the street, then stay at right angles along the street right-of-way to the property line. The measurement does not curve along the street or around the building but goes through the building in a straight line to the street. Ms. Jherrie Logan addressed the Council and Planning & Zoning Conmission : explaining the hardship involved in operating the convenience store without the sale of alcoholic beverages (beer only) . She noted a petition containing 1,491 signatures was st�kxnitted to the City Secretary. Of the 1,491 signatures, 827 Grapevine residents supported the sale of beer at the location and 664 signatures were fran Colleyville and the surrounding cities. Mr. Jerry Postlewate, 2928 Coliunbine, mznager of Deli Mart, spoke to the Council and Planning & Zoning Conmission regarding the store operations. Mr. Bob Young and Mr. Rodolfo Fermin, representing the Caltex Petroleum Corporation, 125 East John Carpenter Freeway, Irving, addressed the Council and Planning & Zoning Comnission relative to the high standards and positive operating procedures of the convenience store owned by Ms. Logan. Mr. �zy Knawles, 3406 Timberline Drive, spoke in favor of the requested conditional use permit. Lengthy deliberation ensued relative to the methodology utilized in determining the distance fran the school property to the front door of the establishment, and the percentage of sales lost due to the store not having alcoholic beverages. Mayor Tate invited guests present to c�nt either for or against the proposed request. Ms. Diane Lillis, 2213 Thcxnas Road, Fort Worth, questioned whether the methodology used in calculating the measurement w�uld change with each request sukx�titted. Ms. Peggy Morris, Route 2, Box 278, Aubrey, and Mr. Fdward Abrahams, 3402 T�mberline Drive, spoke in favor of the requested conditional use permit noting the high quality standards of the oonvenience store operated by Ms. Logan. Comnission Member Meyer made a mption, seconded by Comnission Member Martin, to close the public hearing. The vote prevailed as follows: Ayes: Cook, Oliver, Martin, Atchley, Meyer, Hinson, & Price Nays: None Council Nlember Spencer also made a mr�tion to close the public hearing. The motion was seconded by Council Nlember Traverse and prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ITFM 5. PUBLIC HF,ARING, REPLAT OF Ir0'I' 11, BI�OCK 6, W. C. LUCAS ADDITION Mayor Tate declared the public hearing open. Manager of Engineering Stan Laster stated that Mr. Joseph C. Disselkoen filed an application requesting the replat of Lot 11, Block 6 of the W. C. Lucas (3) � 09/20/88 Addition into twr� (2) lots, 11A and 11B, for the purpose of building a residence on Lot 11A. Mr. Laster noted that of the 68 notices mailed to surrounding property owners, there woere no objections to the proposed replat. The owner of Lot 11B has no plans to build on the lot at this t�me. Ms. Jackie Disselkoen then addressed the Council and Planning & Zoning Corm�ission reviewing the preparation of the lot, studies and open space fees that are required by the City and the length of time involved in the process. Council and Planning & Zoning Coimtission discussed the flood line, easement dedication and open space fee relative to the two lots. Mayor Tate invited guests present to co�ent either for or against the replat. No one wished to speak and there was no correspondence. Commission Member Hinson, seconded by Council Member Oliver, made a mr�tion to close the public hearing. The motion prevailed by the follaaing vote: Ayes: Cook, Oliver, MaY`�-in� Atchley, Meyer, Hinson, & Price Nays: None Council Member Niedernteier then made a m�tion to close the public hearing. The m�tion was seconded by Council Member Wilbanks and prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedernieier, & Traverse Nays: None IIVD OF JOINT PUBLIC HEARINGS Mayor Tate advised the Planning & Zoning Conmission w�uld recess to Conference Rocxn #204 to conduct other published agenda items. The City Council w�uld remzin in session for deliberation of published agenda items. ITII�I 5A. CITIZENS REQUFST, MR. TIM LANCAS'I�R City Secretary Linda Huff read the follawing letter into the record: September 13, 1988 Mr. Jerry Hodge Director of Public Works The City of Grapevine P.O. Box 729 Grapevine, Texas 76051 RE: Farris Branch Drainage Basin Dear Mr. Hodge: Referring to the City Council meeting of September 6, 1988, the Staff had asked the Council to consider construction of a concrete lined channel in the east branch of the subject basin beginning at College Street and terminating approximately 500 feet do�mstream. This letter is written on behalf of my client, Tim Lancaster to �, �press several concerns regarding such an installation. From several conversations with members of City Staff, it is i understood that the channel is being considered for the purpose of ' reducing the spread of water due to the future conditions 100 year flood downstream of College Street. A reduction in the water surface elevation wr�uld produce the result of reducing the spread of water into the backyards of houses imnediately downstream of College Street. Without the concrete channel or other improvement, the � future fully developed conditions 100 year flood wr�uld result in a higher water surface elevation than wr�uld be expected under existing conditions. Hawever no house closer to flooding than approximately tvu� feet. (4) ; 09/20/88 The im�rovement is intended to reduce the risk of flooding but may in fact increase the chance of injury by several means. Concerning ' a concrete channel of the proposed. configuration in this area we have the follawing observations: 1. A vertical wall channel is virtually imposs�ble for a child to cl�mb out of, particularly under flaw conditions. � 2. With the channel in place, existing fences wnuld either remain or be reconstructed near the edge of the channel � resulting in a vertical drop to concrete in excess of eight feet for anyone climbing the fence. , 3. A concrete lined channel is more of an enticement for children on bicycles than the existing earthen channel wr�uld be, resulting in hazardous play conditions. We would suggest that the flooding hazard wr�uld not be severe enough to warrant channelization on the basis of two factors: 1) no house would be subject to flooding during a 100 year event, and 2) the increased spread of water w�uld be associated with a relatively infrequent storm. Due to the fact that the stonn producing the peak runoff is only several hours in duration, the actual duration of flaw great enough to produce the spread of water into the backyards will be on the order of one to two hours. With the above stated considerations, we respectfully request that you reevaluate the need for a concrete channel. Sincerely, O'BRIIIV II�TGINEERING Jim O'Brien, P.E. Principal Mr. Tim Lancaster, 1001 West North�st Highway, addressed the Council relative to the improvements to the Farris Branch Drainage Project. He stated it had been approximately one year since the Clearview Park Subdivision had been approved by Council and noted the i��ediate problems with not being able to proceed with the develo�xnent. Water and sewer plans have been approved for the develo�zt, but paving and drainage plans for the subdivision have not been approved by City Staff. Concrete lining of the Farris Branch channel has been reconmended by Staff and Mr. Lancaster noted his reasons for being reluctant to accept Staff's rec�ndations. Qualified consultants have review�ed studies (relative to the drainage) that the City required Mr. �Lancaster have performed. Mr. Lancaster said the consultants reported that the channel (in its current form) could handle the drainage flow in a fully developed subdivision with improvements to the existing culverts on Wall Street, Northwest Highway and Park Boulevard. He rec�nded that during Staff's revie�a of the current drainage ordinance, consideration be given to a plan that wr�uld address individual areas in the City relative to the length of the drainage branch within the City limits, rnunber of residential structures nearby, street crossings, zoning, and density. Mr. Lancaster also requested that during discussion of Item 21, Council consider authorizing Staff to approve the paving and drainage design within the Clearview Park Subdivision, as it will not likely change the off-site channelization; and to assess their pro rata share of the cost of the difference of the develognent on the drainage, as recoant�ended by Staff, but only on the three culverts-Wall Street, Northtnrest Highway and Park Boulevard--not on the cost of the concrete channel (as the need of the channel may be in dispute) . (5) � 09/20/88 ITFM 5B. CITIZIN REQUFST, MR. ID PEWITT Mr. Ed Pewitt, 303 Ridge Rpad, stated he was not in favor of the concrete lined channel along Farris Branch. He encouraged Staff to support a water shed planning program through a formal agreement with the Highway Departrnent to plant trees and shrubs in the water shed, encourage land owners to plant trees and shrubs across the slope, and if possible, to plan streets across the ', slope. He would rather see money expended improving sewer lines in the area than lining Farris Branch with concrete. ' I'I'II�i 5C. CITIZEDI REQUFST, MR. TQM POWERS Mr. Tom Pow�rs, 404 Pebblebrook, stated most of his neighbors do not want Farris Branch to be a concrete lined channel. He requested Council consider authorizing an appropriate amount be placed in escrow by the developer, conduct neighborhood meetings to receive their input on the improvements, and allaw time to plan what would be best for the area along Farris Branch. ITIIK 5D. CITIZIIV REQiJFST, MR. MIT�ARD DILG Mr. Millard Dilg, 2121 Forrest Hills, addressed the Council relative to the northern boundary of the Central Business District, which presently stops at Wall Street. The property on Main Street, north of Wall Street, is zoned Highway C�rcial. The highway designation was recently removed fran Main Street, therefore, he requested Council consider extending the Central Business District to Northwest Highway. Following Council discussion, Staff was instructed to take the necessary action to institute a zoning case. I'I'II�I 5E. CITIZEN REQUFST, NlR. MARK LACROIX Mr. Mark LaCroix, 2011 Hood Ridge Court, stated his concerns regarding the skate.board ramp at Dove Park. Parking on both sides of Hood Lane has created a hazardous situation and the placement of the litter barrel should be reconsidered. Staff was instructed to review the situations. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any m�nber of the City Council or member of the audience may request that an item be withdrawn frcan the consent agenda and placed before the Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff rec�mendations. Council Nlember Wilbanks requested removal of Item 9 Authorizing Updated Service Credits and Item 10 Authorizinq Military Service Credits. Council Member Spencer requested Item 11 Certification Pay be removed. Council Nlember Niedermeier requested. the following be removed: Item 12 Sick Leave Buy-Back, Item 13 5-Step Pay Plan, Item 15 Acting Out of Classification Pay, and Item 16 Ac�ni.nistration Range Step Salary. Item 6. Ordinance, Amend Cha ter 16, Article II, Grapevine Municipal Golf Course Director of Golf reco�nded approval of an ordinance amending Chapter 16, Article II of the Grapevine Code of Ordinances by providing for a new Section 16-33 regarding coolers containing alcoholic beverages on Grapevine Municipal Golf Course premises. The caption of the proposed ordinance was read into the record. Nbtion by Council Member Traverse and seconded by Council Nl�nber Niedermeier to approve as rec�nded prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse ` Nays: None (6) 09/20/88 � ORDIi�TF1NCE N0. 88-63 AN ORDINANCE OF THE CITY OF GRAPEVINE, Z�'�XA.S, AMENDING CHP,PTER 16, ARTICLE II OF Tf� GRAPEVINE CODE OF ORDINANCES BY PROVIDING A NEW SEGTION 16-33 REGARDING ALCOHOLIC BEVERAGES; PROVIDING A SEVERABILITY Q�P.USE; PROVIDING A PIIVALTY OF FINE NOT 'I�0 EXC� THE SUM OF FIVE HCINDRID DOLI,ARS ($500.00) FOR EAC�i OFFENSE AND A SEPARATE OFFENSE SHALL SE DEII�D ; CONY�iITTED EACEi DAY DURING OR ON WHICH AN OF'��[VSE OCCUR.S OR QONTINUES; DECLARING AN ' EN1E�C,IIVCY AND PROVIDING AN EFFECrIVE DATE It�n 7. Ordinance, Amend Appendix E, Article II and Article III, Standard Specifications for Construction Director of Public Works reconmended approval of an ordinance amending Appendi.x E, Article II, Standard Specifications for Construction--Streets and Drainage, Item 1.6 and Appenclix E, Article III, Standard Specifications for Construction—Water Distribution System and Sanitary Sewer System, Item 1.6 to reduce the amount of the maintenance bond requixed fran one hundred percent (100g) to twenty-five percent (25$) of the construction cost. The caption of the proposed ordinance was read into the record. Motion by Council Member Traverse and seconded by Council Nlember Niedermeier to approve as recam�ended prevailed by the follawing vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ORDINANC� N0. 88-64 AN ORDINANCE ANNJENNDING THE CITY CODE OF Tf� CITY OF GRAPEVINE, TEXAS, BY AN�VDING APPIIVDIX E, ARTICLE II, STANDARD SPECIFICATIONS FOR O�NSTRUCTION--STREETS AND DRAINAGE, ITEM 1.6 RELATIVE TO GLTARANI'EE AND BY AN�TTDING APPENDIX E, ARTICLE III, STAl�IDARD SPECIFICATIONS OF CONSTRUCTION—�,TER DISTRIBUTION SYSTEM AND SANITARY SEWER SYSTEM, ITF�I 1.6 REL�ATIVE TO GUARANTEE: PROVIDING A PIIVALTY OF FINE NO'I' � EXGEID TF� SiA�I OF FIVE HUNDRED DOLL,ARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OF'F�TSE SHAI'.1, BE DEII�D C'ONA�I.ITI'ID EACH DAY DURING OR ON WHICH AN OFFII�TSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY C�P,USE; DEC�ARING AN F1"lF.RGF.NCY AND PROVIDING AN EFFDCTIVE DATE Item 8 Ordinance, Amend Chapter 8 Municipal Court, Arrest Fees Court Administrator rec�nded approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 8 relative to Municipal Court by providing a new Section 8-7 regarding arrest fees to conform with the Code of Criminal Procedures. The caption of the proposed ordinance was read into the record. Nbtion by Council N1�ember Traverse and seconded by Council Member Niedermeier to approve as recomnended prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None � (7) 09/20/88 ORDINANC� N0. 88-65 AN ORDINANCE OF 'I'� CITY OF GRAPEVINE, TEXAS, AN�IDING CHAPTER 8 OF THE GRAPEVINE CODE OF ORDINANCES REL�P,TING TO MUNICIPAL COURT BY PROVIDING A NEW SECTION 8-7 REGARDING ARREST FEES; PROVIDING A SEVERABILITY; DEQ�ARING AN ENIERGII�TCY AND PROVIDING AN EE'FECTIVE DATE ITII�I 9. ORDINANC�, AMEND Q3P�PTER 18, PERSOI�L, UPDATED SERVICE CRIDITS This item was removed from the consent agenda and discussed after Item 17. Personnel Director Mary Jo Vargas rec�mended approval of an ordinance amending Chapter 18, Section 18-50(a) of the Grapevine Code of Orcli.nances authorizing Updated Service Credits and granting additional rights, credits and benefits allowed under the act governing the Texas Municipal Retirement Syst�n (TNIl2S) for all City employees. The cost for the current fiscal year �uld be $27,759.00. Follawing discussion, the caption of the proposed ordinance was read into the record. Council Nlember Glynn made a motion to adopt the ordinance as recormtended. Mayor Pro Tem Ware offered a second to the motion which prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, & Traverse Nays: Niedermeier ORDINANCE N0. 88-66 AN ORDINANCE OF Tf� CITY OF GRAPEVINE, Z�A.S, AN�IDING C�iAPTER 18, SECTION 18-50(a) OF TI� GRAPEVINE CODE OF ORDIN��1N(�S AUTHORIZING AND ALIrOWING, UNDER Tf� ACT GOVERNING TI� TEXAS MUNICIPAL RETIRII�3VT SYSTII��I "UPDATID SERVICE CRIDITS" IN SAID SYSTEM FOR SERVICE PERFC)RN1ED BY QUALIFYING MII��FR� OF SUCH SYSTFI��I WHO PRESE�VTLY ARE IN TI-iE EMPLOYNIEN'I' OF THE CITY OF GRAPEVINE; PROVIDIlVG FOR INCREA.SID PRIOR AND CURRIIVT SERVIC� ANN[JITIES FOR RETIREES AND SENEFICIARIES OF DEC�'�ASID RETIREES OF TE� CITY; PROVIDING A SEVERABILITY CLP,USE; DEQ,ARZNG AN II�RGF�]CY AND PROVIDING AN EFFECTIVE DATE ITII�I 10. ORDINANCE, AN�DING CHAPTER 18, PERSONNII,, AUTHORIZE MILITARY SERVICE CRIDITS This item was removed from the consent agenda and discussed after Item 9. Personnel Director Mary Jo Vargas rec�nded approval of an ordinance ame.nding Chapter 18 Personnel of the Grapevine Code of Ordinances by adding a � new Section 18-54 authorizing Military Service Credit allowed under the act governing the �2.S. The cost for the current fiscal year w�uld be $12,000.00, if all nine (9) eligible employees participate in the program. Employees with ten (10) years of creditable ZMRS service and who have been employed by a participating City for ten (10) or more years, and who served in the militazy during the recognized years, may be credited with up to four (4) years of active military service towards their retirement. After becoming eligible, a member must apply for Military Service Credit and make the required deposit to the syst�n within one year after the effective date of eligibility. The City matching ratio is two to one (2:1) . (8) 09/20/88 Following Council deliberation, the caption of the proposed ordinance was read into the record. Mayor Pro Tem Ware made a motion the ordinance be adopted as reccxmtended. Council Member Glynn offered a second to the motion which prevailed as follaws: Ayes: Tate, Ware, Glynn, Spencer, Niedermeier, & Traverse Nays: Wilbanks '� � ORDIN�TCE NO. 88-67 AN ORDINANCE OF THE CITY OF GRAPEVINE, T.EXAS, AN�TDING Q3APTER 18 OF THE QODE OF ORDINANCES BY ADDING A NEW SECTION 18-54 AIJAWING CERTAIN II�IPIAYEES OF Tf� CITY, WHO PERF�ORNIED OR HEREAFr!'ER PERFORM ACTIVE SERVICE IN TEiE AFZMED FORCES (OR THEIR RESERVFS OR AUXILIAFttES) OF Tf� UNI� STATES UNDER HONORABLE CONDITIONS DURING PERZOAS OF CONFLICT WITH FOREIC�V FORCFS, TO APPLY AI�ID MAKE DEPOSITS FOR, AND TO RECEIVE SPECIAL CRIDIT WITH THE TEXAS MUNICIPAL RETIRII�3VT SYSTEM FOR LIMITED - PORTIONS OF SUCfi MILITARY SERVICE, AND PROVIDING FOR PAYMENT BY THE CITY OF ADDITIONAL DEPOSITS TO TE� SYSTIIK ON ACCOUNT OF SUCH SERVI(� C�2EDIT; PROVIDING ' A SEVERABILITY CLAUSE; D�C�ARING AN EMERGIIJCY AND PROVIDING AN EFFEC.TIVE llATE ITF�I 11. ORDINANCE, AN]ETTD CHAPTER 18, PERSONNEL, CF�RTIFICATI�I PAY This item was removed from the consent agenda and discussed after Item 10. Personnel Director Mary Jo Vargas reco�m�ended approval of an ordinance amending Chapter 18 Personnel of the Grapevine Code of Ordinances by providing a new Section 18-152 entitled Certification Pay. Ms. Vargas stated that duri.ng the FY89 Budget process Council had directed that Certification Pay be given to employees who were certified by either State or various agencies. The Water and Wastewater Division has had a one-time certification pay since July, 1986, and these employees must be recertified to maintain their licenses. The Police Department has had monthly certification pay since October 1985, and beginning October 1988, the Fire Department will receive monthly certification gay. Council deliberation concerned the methodology used to determine the amr�unt of certification pay to each depart�nt. The criteria was based on the n�x of required hours for certification correlated to a dollar value. Follauing discussion, the caption of the proposed ordinance was read into the record. Council Me.mber Traverse made a motion to adopt the ordinance as rec�nded. Council Member Niedermeier offered a second to the motion which prevailed by the follawing vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ORDINANCE NO. 88-68 AN ORDINANC� OF THE CITY OF GRAPEVINE, TEXA.S AMENDING C�3APTER 18 OF Ti� GRAPEVINE CODE OF ORDINP,NGES BY PROVIDING A NEW SECTION 18-152 ENTITI�D "CERTIFICATION PAY"; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN II�RGII�iCY AND PROVIDING AN EE'FEC,'TI�IE DA'I'E (9) t 09/20/88 ITEM 12. ORDINANCE, ANIEND CHIIPTER 18 PF�R.SONNEL, SICK I�EAVE BUY BACK This item was removed from the consent agenda and discussed after Item 11. Personnel Director Mary Jo Vargas recomnended approval of an ordinance amending Chapter 18, Section 18-163(d) (4) Personnel of the Grapevine Code of , Ordinances relative to sick leave buy back for department heads. The caption of the proposed ordinance was read into the record. Mayor Pro Tem Ware made a motion to adopt the ordinance as recomr�nded. Council Member Glynn offered a second to the motion which prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Niedermeier, & Traverse Nays: Wilbanks ORDINANCE N0. 88-69 AN ORDINANCE OF TF� CITY OF GRAPEVINE, TEXAS AN�TDING C�APTER 18 OF THE C�APEVINE CODE OF ORDINANCFS BY AN�TDING SECI'ION 18-163(d) (4) REGARDING SIQC LEAVE BUY BACK; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN II�RGENCY AND PROVIDING AN EFF'F7CI'I�IE DA'I'E ITII�I 13. ADOPT 5-STEP PAY PLAN, POLIC� DEPAR�TIT This item was removed frc�an the consent agenda and considered after Item 12. Personnel Director Mary Jo Vargas rece�nended Council adopt the 5-Step Pay Plan as proposed for the public safety employees (Police Departrnent) . There was no Council discussion. Council Member Wilbanks made a motion to adopt the pay plan. Council Member Spencer offered a second to the motion which prevailed as follows: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedernleier, & Traverse Nays: None ITII�I 14. Resolution, Adopt Minute Order, Dallas Road Im�rovements Director of Public Works recammended approval of a resolution accepting and adopting the provisions of the Texas State Departrnent of Highways and Public Transportation Commission Minute Order 87501 relative to improvements to Dallas Road from State Highway 114 to Loop 382. The caption of the proposed resolution was read into the record. Motion by Council Member Traverse and seconded by Council Member Niedermeier to approve as recomnended prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niederin�eier, & Traverse Nays: None RESOLUTION NO. 88-39 A RESOLUTION OF TF� CITY COUNCIL OF TI� CITY OF GRAPEVINE, 'I�'�XAS ACC,EPTING AND ADOPTING TF� PROVISIONS OF THE STATE DEPARTNID.VT OF HIGH4VAYS AND PUBLIC TRANSPORTATION C�ISSION MINU'!'E ORDER 87501 REGARDING THE INNiPROVII�NT OF IIAr�?�S ROAD FRC�I STATE HIGHWAY 114 � STATE IAOP 382 AND PROVIDING AN EFFECI'IVE DATE (10) 09/20/88 . ITEM 15. ORDINArTC',E, ANIEND CHAP'I�R 18 PERSONNEL, ACTING OUT OF Q.,ASSIFICATION PAY � This item was removed froan the consent agenda and discussed after Item 13. � ; Personnel Director Mary Jo Vargas rec�nded approval of an ordinance amending Chapter 18 Personnel of the Grapevine Code of Ordinances by including I� a new Section 18-141 to include provisions for Acting out of Classification Pay. Staff rec�nds that acting pay be paid t�o all non-exempt employees. The Director of Personnel would be responsible for determining the ; exempt/non-exempt status of positions in accordance with guidelines � established by the Federal Goverru�nt applicable to the Fair Labor Standards Act. Acting out of Classification Pay wnuld begin with the 25th consecutive hour on the job. Following discussion, the caption of the proposed ordinance was read �nto the record. Council M,�.mber Spencer, seconded by Mayor Pro Tem Ware, made a motion to adopt the ordinance. The motion prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ORDINANC� N0. 88-70 AN ORDINANCE OF TI� CITY OF GRAPEVINE, TEXA.S ANN�NNDING C�IAPTER 18 OF ZgiE GRAPEVINE CODE OF ORDINANCES BY PROVIDING A NEW SECTION 18-151 IIVTITI,ED "ACTING OUT OF Q�ASSIFICATION"; PROVIDING A SEVERABILITY CIAUSE; DEC�F,RING AN II�RGEL�ITCY AND PROVIDING AN EFFECTIVE DATE ITIIK 16. ORDINAN(�, AMIIVD CHAPTER 18 PERSONNEL, ADMINISTRATION OF RP,NGE STEP SALARY This item was rem�ved from the consent agenda and discussed after Item 15. Personnel Director Mary Jo Vargas reconmended approval of an ordinance amending Chapter 18 Personnel, Section 18-142(c) of the Grapevine Code of Ordinances relating to aciministration of the range step salary schedule. New e�loyees will be reviewed at the end of si� (6) ironths and attain regular employee status with full benefits unless they have been terminated or the department supervisor suY.x�iits a status change form stating the reason for not promoting the employee to regular status. At the ccenpletion of one (1) year of continuous service, the eqnployee would be evaluated and eligible for a merit increase, with the exception of Police and Fire personnel. E�iployees will then be review�ed each Octaber 1 with the City wide annual review process. F�nployees with eleven (11) mpnths of service or less since their one (1) year anniversary review will be eligible for a merit increase on a pro rata basis on October 1. Follawing discussion of the process, the caption of the proposed ordinance was read into the record. Mayor Pro Tem Ware made a nx�tion the ordinance be adopted. The mr�tion was seconded by Council MPSnber Wilbanks and prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ORDINANCE NO. 88-71 AN ORDINANCE OF THE CITY OF GRAPEVINE, Z�,XAS ANIENDING CHAPTER 18 OF THE GRAPEVINE CODE OF ORDINANCES BY AMENDING SECTION 18-142(c) REL�ATING TO ADMINISTRATION OF RANGE STEP SALARY SCI�ULE: PROVIDING A SEVERABILITY CS�AUSE; DEQ�ARING AN IIKERGENCY AND PROVIDING AN EFFDCrIVE DATE � (11) � 09/20/88 ITII�I 17. Consideration of the Mi.nutes City Secretary reconat�ended approval of the minutes of the September 6, 1988 meeting as published. ' Motion by Council M�ember Traverse and seconded by Council Nie.mber Niedernteier to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse ' Nays: None ITF�I 18. BID AWARD, 4�.TEFdn10RKS AND SEWER SYSTEI�I REVENUE BONDS, ORDINAlVCE AUI'HORIZING ISSUANCE OF BONDS Mr. Larry Jordan, representing First Southwest C�iy, reviewed the bids received relative to sale of $6,700,000.00 of Waterworks and Sewer System Revenue Bonds, Series 1988. He then reccxmlended that the bid be awarded to the low bidder, Undezwood, Neuhaus & Co. , Inc., on theix effective interest rate of 7.519838. Council considered an ordinance authorizing the issuance of City of Grapevine Wate�rks and Sewer Syst�n Revenue Bonds, Series 1988 in the amount of $6,700,000.00. The caption of the proposed ordinance was read into the record. Council Member Spencer made a motion the bid be awarded as recom�nded and that the ordinance be approved. Mayor Pro Tem Ware offered a second to the motion which prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ORDINANCE N0. 88-73 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF GRAPEVINE, TEXAS, WATEFdn1pRKS AND SEWER SYSTII�I REVIIVUE BOI�IDS, SERIES 1988, IN THE AGC�2EC'�ATE PRINCIPAL AMOUNT OF $6,700,000; AND EI�ACTING OTfiER PROVISIONS RELATING Tf�RE'I�0 ITII�I 19. ORD:fNANCE, CAIS,ING BOND F�ECTION, DECEN1BIIt 3, 1988 City Staff recommended approval of an ordinance calling a bond election for December 3, 1988 in the amount of $32,690,000.00. The caption of the proposed ordinance was read into the record. Mayor Pro Tem Ware made a motion to adopt the ordinance. Council Member Niedernieier offered a second to the motion which prevailed as follows: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ORDINANCE N0. 88-72 AN ORDINAN(� OF THE CITY COUNCIL OF THE CITY OF C�'2P,PEVINE, TEXAS, C�LLING A BOND FT,F.C�T'ION 'PO BE HEI,D WITHIN Tf� CITY, MAKING PROVISIONS FOR THE O�NDUCT OF Tf� } ELECTION ArID OTHER PROVISIONS INCIDENT AND REL,ATED TO � PURPOSE OF THIS ORDINANCE; AND DEQ�ARING AN IIKERGQICY ITII�I 20. DISCUSS EXECUTIVE SEARC.�i FIRM Council Meznber Wilbanks, Chairman of the Personnel Camnittee, updated the Council relative to the selection of an executive search finn to be used � (12) 09/20/88 � during the process of obtaining a City Manager. He stated that after ; interviewing several firms and Mr. Bill Pitstick, �ecutive Director of the i North Texas Council of Goverrunents (NTCOG) , it was the co�nittee's rec�ndation to use the NTC.'OG C�mittee, which wr�uld be c�nprised of Mr. Pitstick and city managers in the area that w�uld not have a vested i.nterest in the position. The search w�uld be oonducted on a regional basis, or a five (5) state area. Any applications received would be available for Council review, and in the absence of a slate of candidates, the scope could ', be expanded with an executive search firm retained at that time. There w�uld be no fee involved in using the NTCOG Committee and the City Council would set � the qualification requirements for the position. Follawing discussion, it was the consensus of Council to proceed with the North Texas Council of Governments' Comnittee rather than employing an executive search firm at the time. ITII�I 21. DISCtJSS, PROPORTIONAL DRAINAGE COST FOLICY, FARRIS BRANCH � IMPROVII�1'I'S j Manager of Engineering Stan Laster recamnended Council consider adopting the '� concept whereby the City funds the costs of improvements in drainage basins to ' contain the existing 100 year flaas and that future develognents fund the additional costs to size the improvements of downstream structures for 100 year fully developed flavs. The cost distribution to the future develognents shall be based upon the contribution to the increase in the flaw attributed to each undeveloped parcel when developed. Mr. Laster reviecaed the alternatives su�mitted for Council consideration relative to the drainage improvements to the Farris Branch. He stated staff recomnended Alternate II, the vertical wall concrete lined channel, be adopted for the Farris Branch i�rov�nents. Lengthy Council deliberation ensued. Conments were made relative to the � City's liability along Farris Branch and what improvements the citizens want in the area. Council Member Spencer then made a motion that Staff be instructed to have an . escraw amr�unt of $41,358.00 collected fran the Lancaster parties and deposited, and set a public meeting with the property awners along Farris Branch. Mayor Pro Tem Ware offered a second to the mption which prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilba.nks, Niedernleier, & Traverse Nays: Glynn ITII�I 22. PLANNING & ZONING CONIl"IISSION REC'C�M�LVDATION CONDITIONAL USE APPLICATION CU88-06, PARK AND WALL JOINT VENT[JRE The Planning & Zoning Comnission rec�nded, as reported by Chairnian Ron Cook, approval of the conditional use request suban.itted by the Park and Wall Joint Venture for a planned co�rcial center; possession storage and retail sale for off-premise constunption of alcoholic beverages (beer only) in conjunction with the operation of a retail food store; and a forty foot (40') , 288 square foot, pole sign, with the following conditions: correcting the advertising to no wine sales, only one retail establishment with an alcoholic beverage permi.t, and limiting to only three (3) additional pole signs (for a total of 5) to meet the requirements of Section 60. The 14.30 acre tract is located at the northeast corner of Wall Street and Park Boulevard. The caption of the proposed ordinance was read into the record. Council Member Glynn made a mptian to accept the Planning & Zoning Co�miission reconanendation and adopt the ordinance. Council Member Niedermeier offered a second to the motion which prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None i (13) } 09/20/88 ORDINANGE NO. 88-74 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANC� NO. 82-73, 'IZ�E CON1PREf�TSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, T�AS S�ME SEING ALSO KNQWN AS APPIIVDIX "D" OF Tf� CITY CODE, BY GRANTING A OONDITIONAL USE PERMIT FOR: (1) PI�NrTID ' c��� c�rn�R; (2) � PossESSZON, ' STORAGE AND RETAIL SALE OF OFF-PRFMISE ALC,'OHOLIC BEVERAGES (BEER ONLY) IN ' CONJUNCTION WITH Tf� OPERATION OF A RETAIL F'OOD S'I'ORE; AND (3) FOR'I'Y F'OO�r (40') , 288 SQUARE FEET POLE SIC�1 IN A DISTRICT ZONED "CC" CCY�M'IUNITY CCY"Il�IERCIAL UNDER CITY OF GRAPEVINE ORDINANCE N0. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVID PURSUAN'!' TO SECTION 47 OF ORDINANCE NO. 82-73 ADID AI�L OTf�R COI�IDITIONS, RESTRICTIONS AND SAFEG[JARDS IA'IPOSID HEREIN; CORRECI'ING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDIIVANCE; PROVIDING A CLAUSE RELI�TING 'PO SEVERABILITY; DE'I'ERMINING THAT THE PUBLIC IN'i�RFjSTS, MORALS Al�ID GINERAL WELFARE DET'1AND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PIIVALTY NOT � EXCEm THE SUM OF �VO THOUSAND DOLL�ARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEN.�D COMMITl'ED UPON EACH DAY DURING OR ON WHIC�i A VIOLATION OCCURS; AND DECLARING AN II�RC�TCY ITII�I 23. PI�ANNING & ZONING �NY�IISSION REC`�NDATION CONDITIONAL USE APPLICATION CU88-07, CASTILIA'S Chairman Cook reported a unanimous vote of 7-0 to approve the conditional use request subanitted by Castillo's Mexican Restaurant for the possession, storage and retail sale of beer, wine, and mixed alcoholic beverages in conjunction with the operation of a restaurant located at 451 East Northwest Highway. The caption of the proposed ordinance was read into the record. Council Member Spencer made a motion to accept the Cc�anission's recommendation and adopt the ordinance. The mr�tion was seconded by Mayor Pro Tem Ware and prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ORDINANC� N0. 88-75 AN ORDINANC� ISSUING A CONDITIONAL USE PERMIT IN ACC:ORDANCE WITH SECTION 48 OF ORDINANGE NO. 82-73, THE C�REI�TSIVE 4 ZONING ORDINANC� OF THE CITY OF G'F2APEVINE, TEXAS SANIE BEING ALSO IQJOWN AS APPE[�TDIX "D" OF � CITY CODE, BY GRANTING A CONDITIONAL USE PERMIT FOR THE POSSESSION, STORAGE, AND RETAIL SALE OF BEER, WINE, AND MIXID AI�C.'OHOLIC E�E'�VERAGES IN CONJUNCTION WITH Tf� OPERATION OF A RESTALTRANT IN A DISTRICT ZONID "HC" HIGHWAY CONIMERCIAL UNDER CITY OF GRAPEVINE p ORDINANCE NO. 82-73 ALL IN ACCORDAI�TCE WITH ;: A SITE PLAN APPROVED PURSUANT TO 3 SECTION 47 OF ORDINANCE N0. 82-73 A1�ID AI�L " OZ�R CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSID HEREIN; CORRECTING Tf� (14) 09/20/88 � OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF � ZONING ORDINANC�; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT Z� PUBLIC IlVTERESTS� NIORALS AND GEL�ERAL WEI,FARE ,' DEMAND THE ISSUANC� OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEID Tf� SUM OF 'IWO THOUSAND DOT,T.ARS ($2,000.00) Al�ID A SEPARATE OFFEDTSE SFIALL SE DEII�D QONIlKITI�D EACH DAY DURING OR ON WHICH AN OF�'EL�11SE OCCURS; DECZ�ARING AN B �'��CY AND PROVIDING AN EFFECI'IVE DATE ITII�I 24. PLANNING & ZONING CC1�M9ISSION R�M�LVL�ATION CONDITIONAL USE APPLICATION CU88-09, DELI MART The Cce�mission reccmmended approval (5-0-2) of the Conditional Use Application CU88-09 su}�n.itted by Ms. Jherrie I,ogan (Deli Mart) to approve the sale of alcoholic beverages (beer only) in conjunction with the operation of a convenience store located at 3125 Ira E. Woods Avenue, with the alcoholic beverage sales restricted to the specific location in the store and with a variance to the 300 foot rule pursuant to determining a hardship. Following brief discussion, the caption of the proposed ordinance was read into the record. - Council M�ember Traverse made a motion the Planning & Zoning Catm.ission reccam�endation be accepted and the ordinance be adopted. Mayor Pro Tem Ware offered a second to the motion which prevailed by the follawing vote: Ayes: Tate, Ware, Glynn, Spencer, Niedermeier, & Tra�erse Nays: Wilbanks ORDINANC� N0. 88-76 ` AN ORDINANC� ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, Tf� CQiKPREF�IVSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, Z�XA.S SAME BEING ALSO HI�iOWN AS APPF.NDIX "D" OF � CITY CODE, BY GRANTING A CONDITIONAL USE PERMIT FOR POSSESSION, STORAGE AND RETAIL SALE OF OFF-PRF1��.ISE AL�COHOLIC B�,'VERA�GES (BEER ONLY) IN CONJUNCTION WITH Tf� OPERATION OF A CONVIIJIIIVCE S'I+ORE IN A DISTRICT ZONID "CC" CONIl�lUNITY CONIl�lERCIAL UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 AI�L IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANGE NO. 82-73 AND ALL OTf�R C�ONDITIONS, RESTRICTIONS AND SAP�GUARDS IMPOSID HEREIN; CORREC'TING 'Pf� OFFICIAL ZONING MAp; pgESERVING AT T, O'I�R PORTIONS OF Z� ZONING ORDINANCE; PROVIDING A C�USE REL�TING Z�0 SEVERABILITY; DETERMINING TfiAT THE PUBLIC IlVTERESTS, NYJRALS AND C�NERAL WEL,FARE DET�IAND TI� ISSUANC� OF THIS CONDITIONAL USE PERMIT; PROVIDING A PEDTALTY NOT � F.XCEID THE SiJM OF 7.W0 THpUS�1�1D DpI,I,ARS ($2,000.00) AND A SEPARATE OFFE�ISE SHAIZ BE DEII�D CC�M'IITI'ED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; A1�ID DECLARING AN II�RGEI�TCY ITF1�I 25. P7�NNING & ZONING CQr'IlKISSION RECC�M'�TDATION ' REPLAT, W. C. LUCAS ADDITION, I�0'I' 11, BIAC�C 6 Planning & Zoning Ccnmission Chairman Cook reported approval (7-0) of the replat of the W. C. Lucas Addition, Lot 11, Block 6 into Lots 11A and 11B with (15) 0�120188 the candition� that the ap�n space fee on Lat 11A be collected and an easement dedication far the sewer line prior to the issuance of the building permit. The property is located an the east side af Dove R�ad, jus� north of the intersection of Autumn Drive and Dove Rc�ad. Fallowing discussion af the open space fee, Council Mesn'ber Spencer made a motion the replat of Lot 11, Block 6 of the W. C. Lucas Addition be approved ' as rec�nded by the Plaz�ning & Zani�g Ctxmtissian with the property owner being assessed $1,020.00 open space fee �or Lat 11A and an easement dedication far the sewer line prior �o t�e issuanc:� of the building permit. Mayor Pro Tem Ware offered a second �o the motion which prevailed by the follawing vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ITF2�S 26. PL�+INING & Z(�IING COZ+'�SSIQN RE(:C�+'�+! '°��IDATI4N FINAL PLAT, SILVERCREST ADDITION, PHASE ONE Chairman Cook reported the Planning & Zoning Comnission voted 7-0 to approve the final plat of the Silvercres� Addition, Phase One. The property is Iocated south af Ki�all Road and �st o� Snakey Lane. Cauncil N.i[embe..r Traverse made a mation, which was secanded by Cauncil Mc�mber Glynn, ta accept the recammendation of the Plannang & Zoning Commissian and ap�rove the final plat of Silvercrest Additian, Phase One. The motian prevailed by the �oZlawing vote: Ayes: Tate, Ware, Glynn, Spencer, Wil.banks, Niedermeier, & Traverse , Nays: None ITEM 27. PLANNING & ZC}NING t1'3N'�IISSIQN REC'�"}�fiIDATION FINAL PLAT, �ILVERCREST ADDITION, FHASE ZWO Chairn�an Cook reported the Planning & 2aning Comnissi.on voted 7-0 to approve the final plat of the Silvercrest Addition, Phase 'Itao. The property is located sauth of Kimball Road and �st of Snakey Lane. Cauncil Memb�r Niedern�ier made a motion, which was seconded by Mayar Pro �em Ware, ta accept the Planning & Zoning Comni.ssion rec�ndation and approve the final plat of Silvercrest Addition, Phase 'Ita�. The motian prevailed by the follc�ving vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None IT�fi+I 2$. PLANNING & ZONING CQI��+SISSI(�7 REC`Q�IE�IDATI{}N FINAL PLAT, PARK AND WALL ADDITION Chairman Cook reported the Planning & Zonang Coimu.ssian voted 6-0-1 to approve the final plat of the Park and Wall Addition located on the northeast corner of WaII Street and Park Boulevard. The Par}c West Plaza Shopping Center is planned for the location. Council M�r Niedernneier made a motion to accept the Planning & Zoning C'c�rm:ission reca�cnenda�ion and apgrove �he final pla� af tt� Park and Wall Addition. Mayor Pro Tem Ware offered a second to the mr�tion which prevailed by �he follawing vote: Ayes: Tate, Ware, Glyxu�, 5pencer, Wilbanks, Niedernleier, & Traverse Nays: None IZ�I 29. EXECUTTVE SE�SION Mayor Ta�e advised the Council wbuld recess to Conference R�n #204 to discuss real es�.ate {relative ta Dallas Road rights-of-way aequisition--Parcels No. 11, 22, 38, 39, and 42) under amendments ta Article 6252-27 V.A.T.C.S. , Stiibsectian 2(f) . (16) F 09/20/88 Upon reconvening in the Council Ch�rs, all m��nbers of the City Council w�ere present. City Manager Dennis E. Dawson requested authorization for Staff to negotiate up to the appraised value of Parcels No. 11, 22, 38, 39, and 42 relative to the Dallas Road rightsrof-way acquisition. Mayor Pro Tem Ware made a motion to authorize Staff to negotiate up to the ' appraised value for Dallas Road rights-of-way acquisition for Parcels No. 11, 22, 38, 39, and 42. Council Member Spencer offered a second to the motion, which prevailed as follaws: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse ' Nays: None MISCII�LAN�OUS REPORTS AND/OR DISCUSSION ITII�I 29A. Council Member Spencer discussed the condition of the streets in the Reed Addition and Grapevine Lake Estates relative to the seal coating process that was used in the subdivisions. Staff reviewed the asphalt overlay process of the streets to solve the problem. Follawing discussion, Staff was directed to research the cost of the asphalt overlay of the streets. AA70URI�NT There being no further business to be discussed by the City Council, Council Niember Spencer offered a motion to adjourn the meeting at 12:10 a.m. May�r Pro Tem Ware seconded the m�tion, which prevailed by the following vote: Ayes: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None PASSID AND APPROVED BY Tf� CITY OOUNCIL OF Tf� CITY OF GRAPEVINE, TEXAS on this the 1Rth day of p�to� , 1988. APPROVED: Ge_, Mayor A'I'I'EST: City Secretary (17) � , ; s � � k- �� MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF AN ORDINANCE i THE STATE OF TEXAS § COUNTIES OF TARRANT AND DALLAS § � CITY OF GRAPEVINE § On this the 20th day of September, 1988, the City Council ; of the City of Grapevine, Texas, convened in Regular Session at the regular meeting place thereof, the meeting being open to the public and notice of said meeting, giving the date, place and subject thereof, having been posted as prescribed by Article 6252-17, V.A.T.C.S. , and the roll was called of the � duly constituted officers and members of the City Council, which officers and members are as follows : � William D. Tate Mayor Ted R. Ware Mayor Pro Tem C. Shane Wilbanks Councilmember Sharron Spencer Councilmember Jim Glynn Councilmember Lynn R. Niedermeier Councilmember Gil Traverse Councilmember and all of said persons were present, except the following absentees : None . ; thus constituting a quorum. Whereupon, among other business, a written Ordinance bearing the following caption was introduced: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN THE CITY, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Ordinance, a full, true and correct copy of which is attached hereto, was read and reviewed by the City Council . Thereupon, it was moved by Councilmember [aare and seconded by Councilmember Niedermeier that the ordinance be declared an emergency measure and that the charter rule prohibiting the passage of an ordinance on the same day on which it introduced be suspended. The Mayor put the motion to a vote of the members of the City Council, and the motion was carried by the following vote: � AYES: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse NOES : None ABSTENTIONS: Nane � 0 8 2 6 D/ 3 i � 5: i �: �,I � Thereupon, it was moved by Councilmember Wa,-e and �' seconded b Councilmember Niedermeier that the Ordinance be Y finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council, and the Ordinance was finally passed and adopted by the following vote: AYES: Tate, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Travexse NOES: None ' ABSTENTIONS: None , The Mayor then declared the Ordinance passed and approved, and signed the same in the presence of the City Council . MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, and to correctly reflect the duly constituted officers and � members of the City Council of said City, and the attached and ; following copy of said Ordinance is hereby certified to be a true and correct copy of an official copy thereof on file among the official records of the City, all on this the 20th day of September, 1988 . � � Mayor, City of Grapevine, Texas �I ATTEST: City Secretar City of Grapevine, Texas [SEAL] . -2- ' 0 8 2 6 D/4