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HomeMy WebLinkAbout1988-05-03 Regular Meeting , � Y, �€ {' { � � �: AGENDA � CITY OF GRAPEVINE, TEXAS � REGULAR CITY COUNCIL MEETING �+ TUESDAY, MAY 3 , 1988 AT 7:30 P.M. � COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 ! 307 WEST DALLAS ROAD � � � CALL TO ORDER � � � INVOCATION: Council Member Lynn R. Niedermeier � 1 �' PRESENTATION ` 1 . Pla ue of Reco nition to be resented to Ms . Glad s Skinner � q 5 P Y � former Director of Senior Citizens Center. � � � CITIZENS REQUEST � � 2 . Mr. David Saxe and Dr. Curtis Ratliff to address the City � Council regarding the City' s zoning ordinance. � � � CONSENT AGENDA x: ,, �° 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 Any member of the City � Council or member of the audience may request that an item be � withdrawn from the consent agenda and placed before the Council for full discussion.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 . ` � � 3 . Consider the second reading of Ordinance No. 88-30 relative � to Zoning Application Z88-02 requesting rezoning of a 26± � acre tract, west of W. T. Parr Road, south of Parr Park, and � east of High Countryside Drive, from "R-20" Single-Family � District Regulations to "R-12 .5" Single-Family District � Regulations (submitted by Mary Stone Myers) . Director of Community Development recommends approval. � 4 . Consider the second reading of Ordinance No. 88-31 relative � to Conditional Use Application CU88-05 (submitted by � Marathon Restaurants) requesting a conditional use permit for the storage, possession, retail sale and on-premise � consumption of beer, wine and mixed alcoholic beverages in conjunction with the operation of a restaurant located at � 116 and 120 East Worth Street, contingent upon approval by E, the Board of Zoning Adjustments for the variances requested. � Director of Community Development recommends approval. � � 5 . Consider setting a public hearing date of June 7, 1988 to � discuss proposed amendments to the Code of Ordinances, � Chapter 6 Animals and Fowl. City Staff recommends approval. � 6 . Consider approval of the minutes from the April 18 and April 19, 1988 meetings. City Secretary recommends approval as published. � � � NEW BUSINESS � � 7 . Consider authorizing the City Manager to enter into a Hold � Harmless and Indemnity Agreement with Mr. Zack Shariff to � construct a brick facade on the rear of the building at 414 South Main Street and take any necessary action. � t �: � � � € � � � � r c � � �: � f 8 . Consider an ordinance on first reading abandoning a portion � of a utility easement on Lot 16, Block 2 of the Woodland � Hills Addition, contingent upon the approval of a set back � variance by the Board of Zoning Adjustments and take any � � necessary action. E � � 9 . Consider the scope of responsibilities for the Facilities i, Committee relating to review of and recommendations � concerning public facilities and take any necessary action. �: : �: OLD BUSINESS # � � 10 . Consider award of the bid to the lowest and best bid meeting "' specifications for the interior refurbishment of the Civic �' Center and take any necessary action. �. � MISCELLANEOUS REPORTS AND/OR DISCUSSION � � i � ADJOURNMENT �; � IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY � CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE � REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON i, THIS THE 29TH DAY OF APRIL, 1988 AT 5: 00 P.M. � 9 g � � . � � -(iu-aQa.� � £ City Secretary � . i , � s s' � i ; i � � , s � `'s � t � E q �t i � E ( t f 4 i 4 # £ € a i � � � � � � � r € � � � � � € i; 3 � � r � M Q.'V� �!w.�tJ w` � ��� � / � � � � �� �� � v v � t 2 # � _ ; � ' STATE OF TEXAS � COUNTY OF TARRANT CITY OF GRAPEVINE ' The City Council of the City of Grapevine, Texas met in Regular Session on � this the 3rd day of May, 1988 at 7:30 p.m. in the Council Ch�mbers, Municipal � Court Rocm #205, 307 West Dallas Road, with the following me.mbers present 'i to wit: � 'I'o�n Pawers Mayor Ted R. Ware Mayor Pro Tem Jim Glynn Council Member Sharron Spencer Council M�mber C. Shane Wilbanks Council Me.mber � Lynn R. Niedermeie'r Council Member � Gil Traverse Council M�ember � constituting a quorum, with the following me.mbers of the City Staff: Dennis E. Dawson City Manager � Kelvi.n Knauf Assistant City Manager � Adrienne C. Leonard Assistant City Attorney � Linda Huff City Secretary � ; 1 CAI.Z TO ORDER Mayor Toan Powers call the Regular meeting to order at 7:30 p.m. � INVOCATION , ; fThe Invocation was delivered by Council Member Niedermeier. { � � ITIIK 1. PRFSENTATION, MS. GL�ADYS SKINNER Mayor Powers presented Ms. Gladys Skinner, who recently retired after serving ; ten (10) yeaxs as the Director of the Senior Citizen Center, a Plaque of � Appreciation for her dedication and t�me given to the Center and citizens of � Grapevine. Ms. Skinner responded by thanking the Council for their support � and financial backing through the years to help make the Grapevine Senior � Citizen Center the best in Tarrant County. ITII�I 2. DR. CURTIS RATLIFF Dr. Curtis Ratliff addressed the Council on behalf of Mr. David Saxe, awner of the Northwest Plaza Shopping Center, regarding the current zoning and uses '� allawed on the shopping center property. He hriefly reviewed a situation that � developed when trying to locate his chiropractic office in Grapevine. After � research of the Grapevine area, a consulting firm recamnended three (3) j shopping centers for possible location of the medical office. The areas were { all zoned "HC" Highway Conmercial which does not allow professional offices. � He requested that the Council review the current zoning ordinance relative to 1 "HC" Highway Cam�ercial and consider amenc�m�ents to allow the medical office as 1 either a permitted use or a conditional use. � � Following brief Council discussion, it was the consensus that a special � meeting and public hearing with the Planning & Zoning Carmission be held on ? June 7, 1988 to consider possible amendments to the "HC" Highway C�rcial � Zoning District. 1 +; i ITII�I 2A. CITIZENS REQUEST, MR. CHUCK GIFFIN � Mr. Chuck Giffin, 2916 Caprock Court, expressed concern the facade of the � Civic Center was not being considered for remodeling in conjunction with the F � renovation of the interior of the building. He stated the Main Street ' Comnittee had passed a resolution supporting the consideration to remodel the facade and the interior of the Civic Center at the same time. ; _ _ _ -- __ _ t � 05/03/88 � � � � � � G CONSENT AGENDA �: I �: �� The City Council considered the consent agenda items which were deemed to need � little or no discussion and were acted upon as one business item. Mayor k ' Powers asked if there was any mEmber of the audience or the City Council who � fwished to remove an item fran the consent agenda for full discussion. � � Mr. Fred Joyce requested that Iteqn 3 Second reading of Ordinance No. 88-30 � (Zoning Application Z88-02) be removed for full discussion. � e i j ITF1��i 3. SDCOND RE�DING, ORDINANCE NO. 88-30, ZONING APPLICATION Z88-02, MARY ; STONE MYERS , This item was removed fro�n the consent agenda and discussed after ItPm 6. Mr. Fred Joyce, speaking on behalf of Ms. Mary Stone Myers, property awner of the 26± acre tract, requested clarification of the deed restrictions that were to be attached to the zoning ordinance of the subject tract, located w�est of W. T. Parr Road, south of Parr Park, and east of High Countryside Drive. The ! requested rezoning is frcan "R-20" Single-Family District Regulations to f "R-12.5" Si.ngle-Family District Regulations and requires two (2) readings of f the ordinance contingent upon deed restrictions, removal of Lot 1, Block 5 of � High Country Phase III frcan the final plat and su�mittal of a new legal description. Mr. Joyce questioned the problems that might arise if the buyers of the individual lots were required to sign each time an easement or minor adjust�nt might be needed in the develognent process. He stated lot sizes would not be � reduced but has a concern of having to have consent of all property owners when a minor adjustrnent is needed. Assistant City Attorney Adrienne Leonard stated that Paragraph No.7 in the deed restrictions wr�uld need to remain as stated for the protection of the City and to maintain the integrity of the ordinance. But the third full paragraph that discusses the plat itself, could be wr�rded to state, "that in the event a replat, or an amended plat, that has been approved by the Planning & Zoning Cc�mission and the City Council beccanes necessary," that would then give the ability to amend the final plat or � approve a replat as part of the deed restrictions without it being an � amendment to the deed restrictions. Discussion followed relative to the � process required by law for a normal platting process. The language of the �` deed restrictions as rec�nded by Ms. Leonard would deal with amending the , plat and not the zoning ordi.nance itself. She noted if there was a � � substantial change to the plat, state law requixes approval of the property < owners (if any lots have been sold) or the public hearing process must be = � follawed. � The second reading of the caption of Ordinance No. 88-30 was then read into � the record. ` � 5 j Mayor Pro Tem Ware made a motion to adopt the ordinance on second reading. ; Council N1�ember Niedermeier offered a second to the motion which prevailed by � f the following vote: � Ayes . Ware, Wilbanks, Niedernleier, & Traverse Nays . Pow�x's & Spencer Abstain: Glynn ORDINANCE N0. 88-30 AN ORDINANC� OF TI� CITY OF GR�'EVINE, � ; TEXAB, ANNEXING ADJACENT AND CONTIGUOUS �' TERRITORY TO THE CITY OF GRAPEVINE, TEXA.S; FINDING THAT ALL NF7CFSSARY AND REQUIRID T,FY;AT, CONDITIONS HAVE BEII�T SATISFIID; PROVIDING THAT SUCH AREAS SHALL SECCY� A PART OF TF� CITY AND THAT TI-iE OWIJERS AND � INf�BITANTS THII2�OF SHALL SE IIVTITLID TO � THE RIGHTS AND PRIVILDGES OF �R � CITIZE�TS AND BE BOUND BY Tf� ACTS AND � ORDINANCES NOW IN EEFECI' AI�ID TO BE H�EREAF1'ER ADOPTID; PROVIDING A SEVIItABILITY C�,AUSE; AND F'�JRTI�R PROVIDING FOR ANIENDING AND CORREC.`I'ING Tf� OFFICIAL �. � � �2) � L. ----- -- --- _._._���_--_ _-- — -- � � _ _ _ _. . , ; OS/03/88 BOUNDARIFS OF TI� CITY AS HEREI'OFORE �i ADOPTID AND PROVIDING FOR 'I� ORDINANCE TO GO INTO EFFECI' UPON PASSAGE OF Tf� t ORDINANCE ON SECOND READING . � f � � � � ITII�i 4. Second Reading, Ordinance No. 88-31, Conditional Use Application f ':, CU88-05, Marathon Restaurants `' Director of Community Develognent reco�ended approval of the second reading � of Ordinance No. 88-31, suLmitted by Marathon Restaurants, relative to ' Conditional Use Application CU88-05 requesting a conditional use permit for � the storage, possession, retail sale and on-premise cons�tion of beer, wine and mixed alcoholic beverages in conjunction with the operation of a restaurant located at 116 and 120 East Worth Street. The Board of Zoning Adjustment approved the variances requested with the stipulation that the unpaved portion of the parking lot would be paved within tw� (2) years from the date of issuance of the Certificate of Occupancy for the restaurant. The second reading of the caption of Ordinance No. 88-31 was read into the �' record. � Council M�snber Traverse made a motion to adopt the ordinance on the second �: reading as rec�nded. Council Me�mber Niedermeier offered a second to the � motion, which prevailed by the following vote: Ayes: Pow�rs, Ware, Glynn, Spencer, Wilbanks, Niedernteier & Traverse Nays: None ORDINANCE N0. 88-31 AN ORDINANC� ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE CONIPRII�ISIVE ZONING ORDINANCE OF THE CITY OF �EVINE, � TEXA.S SAN1E BEING ALSO KIVOWN AS APPINDIX � "D" OF THE CITY CODE, BY GRANTING A ' CONDITIONAL USE PERMIT FOR THE POSSESSION, SZ�ORAGE, AND RETAIL S�1LE OF BEER, WINE AND MIXED ALCOHOLIC BE�TERAGES IN C�TJUNCI'ION � WITH THE OPERATION OF A RESTALTRANr IN A � DISTRICT ZONID "CBD" CF�V'I�2AL BUSINFSS DISTRICT UNDER CITY OF C�2APEVINE ORDTNANCE NO. 82-73 ALZ IN ACCORDANCE WITH A SITE PLAN APPR(7VID PURSUANT TO SECTION 47 OF F ORDINANCE NO. 82-73 AND ALL OTHER � CONDITIONS, RESTRICTIONS AND �S INIPOSID HEREIN; CORREC.'TING � OFFICIAL � ZONING MAP; PRESERVING ALL OTHER PORTIONS OF Tf� ZONING ORDINANCE; PROVIDING A 1 CI�AUSE RFd.,ATING TO SEVF.RABILITY; '� DF'T'F'RMTN� THAT THE PUBLIC INTERESTS, MORALS AND GENERAL� WELFARE DEMAND THE ISSUANC� OF THIS CONDITIONAL USE PERMIT; � PROVIDING A PENALTY NOT 'PO EXCEID THE SUM OF TWO THOUSAND DOLI�ARS ($2,000.00) AI�ID A � SE�ARATE OFF�NSE SHAI�I, 8E DF�D CONIl�IIZTED UPON EACfi DAY DURING OR ON WHICH A � ' VIQLATION OCCCTRS 1 ' ITIIK 5 Set Public Hearing Date, Proposed Amenchnents to Animal Control � Ordinance � Staff reccmmended approval of setting a public hearing date for June 7, 1988 to discuss ro sed amendments to the Code of Ordinances, Chapter 6 Animals � P Po , and Fowl. � Council NSember Traverse made a motion to approve as rec�.nded. Council � Member Niedermeier offered a second to the motion, which prevailed by the � ! folla��ing vote: � � (3) __ _ _ _ __ � 05/03/88 � , � �; Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse � � Nays: None � � s � ITEM 6. Consideration of the Minutes = i � City Secretary recommended approval of the minutes froqn the April 18 and � � April 19, 1988 meetings as published. ; ' Assistant City Attorney Adrienne Leonard requested the minutes of the April 19 � meeting be amended to include the vote of Council Member Wilbanks on Item 27 � Zoning Application Z88-02, as he offered the second to the mQtion to approve ;� the Planning & Zoning Ccgtmission recomnendation and approve the zoning change request. Motion by Council Me.znber Traverse to approve as amended, seconded by Council Member Niedermeier, prevailed by the follawing vote: I A es: Powers Ware G1 S cer Wilbanks Niedermeier & Traverse � Y ► ► Y�, P� , � � Nays: None � f � ITET'I 7. HOLD HARNB.ESS AND INDENBVITY AGREII�VT, ZACx SHARIFF E � EconcYnic Develognent Director Rpbert Vick introduced Mr. Zack Shariff, awner of the Main Street Cafe (414 Main Street) to address the Council regarding a � six (6) inch encroachment into the easement previously granted to the City of Grapevine. Mr. Shariff briefly reviewed the concept plans to restore the structure to � reflect the original design of the building. He noted the Main Street Committee and the Econcmic Develognent Department had been very helpful during � the design process. He also noted there had been sane misc�ication � betcaeen the Main Street office, the architect and himself during the building process regarding the facade on the back of the building. The building was built on the zero lot line with a seventy percent (70�) brick facade planned at the back. It was later decided to canplete the back of the building with � w�od siding. Mr. Shariff was then informed by City Staff that to conform with � the City Building Code requi.rements, there must be the seventy percent (70g) �' brick facade at the back of the building as was originally approved by the � Council. Therefore, the reason for requesting the City enter into a Hold � � � Harmless and Indemnity Agreement to provide that in exchange for the City � granting the necessary Certificate of Occupancy, Mr. Shariff shall hold � � harmless and indemnify the City for any c3�amage arising frcan the six (6) inch � ; encroachment into the City's easement. e � k � Council expressed concern that when it was determined that the building was s f being placed on the zero lot line, there was no action taken to resolve the ! situation. Follawing discussion, Council Me.mber Traverse made a motion to authorize the City Manager to enter into a Hold Harmless and Indemnity � Agree�nent with Zack Shariff to construct a brick facade on the rear of the ; building at 414 South Main Street. Mayor Pro Tem Ware offered a second to the � motion, which prevailed by the following vote: � Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Nays: None i I ITII�i 8. ORDINANCE, FIRST RF�ADING, UTILITY , WOODLAND HILi�S � ADDITION, I,O�I' 16, BI�CX 2 � Mr. Doug Eberhart, Assistant Manager/Developer of the Public Works Departituent, advised that the property owner of 3501 Fieldwood Court (Lot 16, Block 2 of the Woodland Hills Addition) has requested that four (4) feet of the five (5) foot utility easement be abandoned by the City of Grapevine. The awner has provided the releases fran all of the utility companies and received approval � fran the Board of Zoning Adjustznent on the variance requested for reduction of � the six (6) foot setback requirement for accessory structures in the "R-7.5" Single-Family District Regulations. Staff recatmended the Council consider an ordinance abandoning the portion of the utility easement as requested. � � 4 (4) � _ � � 05/03/88 i � The caption of the proposed ordinance was read into the record on first reading. Council Member Spencer made a motion to adopt the first reading of the � ; ordinance as rec�nded. The motion was seconded by Council M�nber Wilbanks � ; and prevailed by the following vote: � ; ; i f ; Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Ayes: None � ORDINANCE N0. 88-32 � r AN ORDINANCE OF TF� CITY OF GRAPEVINE, � TF�XAS, ABANDONING AND VACATING A PORTION OF A UTILITY EASII�IENT L(X'.ATID ON LOT 16, � BLOCK 2, WOODLAND HILIS ADDITION IN THE CITY OF GRAPEVINE, TEXAS, AS HEREINAFTER ' DFSCRIBID; PROVIDING A SEVF.�2ABILITY Q�AUSE AND PROVIDING AN EFF�]C'I'IVE DATE ITIIK 9. FACILITIFS QONIl�IITTEE, GUIDII,INES �. Director of Public Works Jerry Hodge review�ed the rec�nded scope of responsibilities for involvement by the Facilities Committee on decisions made in reference to public facilities and requested the Cca�mittee should rely on Staff recommendations to Council on minor items relating to public facilities and/or issues relating to technical or special use buildings. Major � remodeling of public facilities should be reviewed by the Facilities Comnittee and any recoam�endation to Council should be sukx�iitted by the Facilities Caannittee. Lengthy deliberation ensued. Cam�ents included clarification of minor and � major remodeling and technical, or special use buildings. The following was �; i reccam�ended to be referred to the Cca�mittee for their review and subsequent t f rec�ndation to the City Council: F l. Rem�deling or renovation that would inv�lve structural � j modification of the facility and change in function. 2. Facade modifications where the visual impact would be critical � � on public use buildings. i' i f 3. New facilities that are to be used an a day to day basis by our f: citizens, i.e., City Hall, Library, Civic Center, Convention � Center, Parks and Recreation facilities and Service Center. Duri.�g discussion, it was rec�nded the Catmittee not be involved in ; maintenance functions such as replacement of carpet, painting, work on heating and cooling systems, pltunbing, ceiling tile, and technical or special use buildi.ngs such as water and wastewater treatmPxit facilities, swinaning pool, j belt press buildings, etc. The Cce�mittee should rely on Staff and the � respective advisory coaimittees to make the proper decisions and take the 1 j authorization to Council. 7 � Mayor Pro Tem Ware made a motion to adopt the rec�nded guidelines for the � Facilities Canm.ittee. The motion was seconded by Council Member Wi.blanks and � prevailed by the following vote: IAyes: Powpxs, Ware, Glynn, Spencer, Wilba.nks, Niedernteier, & Traverse i Nays: None � � i � ITFNI 10. BID AWARD, CIVIC (�1VTER REFURBISHIKEN'I' i Acting Director of Parks & Recreation Mark Mailes noted the bid award to Wells � ! Construction Company, low�est and best bid meeting specifications, in the � � amount of $10,200.00 for the refurbishment of the Civic Center had been � a reviewed by the Facilities Conmittee. The Conmittee concurred with Staff's � � rec�ndation to award the bid as presented. I � (5)