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HomeMy WebLinkAbout1976-11-16 Regular Meeting I fl CITY OF GRAPEVINE, TEXAS { AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, NOVEMBER 16, 1976 AT 7:30 P.M. COUNCIL CHAMBERS - 413 MAIN STREET j I. CALL TO ORDER 1 II. INVOCATION - Councilman Florence III. CITIZENS REQUEST AND/OR MISCELLANEOUS REPORTS IV. CONSIDERATION OF THE MINUTES (November 2, 1976) i V. PRESENTATION i City Council to present the Life Saving Bar to Patrol Sergeant Larry Betik for heroic service in the line of duty. VI. PUBLIC HEARING i City Council to hold a public hearing for the purpose of determining the allocation of funds to be specified on the Community Development Program application for 1977. VII. OLD BUSINESS A. City Council to consider a resolution authorizing the City Staff to apply for the 1977 Community Development Grant. B. City Council to consider an ordinance regarding itinerant merchants. C. City Council to consider an ordinance controlling the display of certain magazines. D. City Council to consider an ordinance authorizing a revision of Title 7, Chapters 2, 3,4, & 10 of the City Code pertaining to sewer and waterworks. VIII. NEW BUSINESS A. City Council to consider three ordinances regarding traffic control signs: 1. Stop Signs Ei 2. No Parking 3 . 20 MPH School Zones B. City Council to consider the recommendation of the Planning & Zoning Commission regarding the Creekwood preliminary plat. IX. 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 CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 12TH DAY OF NOVEMBER, 1976 AT 2:00 P.M. I i ' I i CITY SECR7RY i I I CITY OF GRAPEVINE, TEXAS AGENDA SPECIAL PLANNING & ZONING COMMISSION MEETING TUESDAY, NOVEMBER 16, 1976 AT 7: 30 P. M. CONFERENCE ROOM - 413 MAIN STREET I. CALL TO ORDER II. INVOCATION - Chairman Ted Ware III. CONSIDERATION OF THE MINUTES (October 26, 1976) IV. NEW BUSINESS A. Planning & Zoning Commission to consider the Creekwood preliminary plat and make a recom- mendation to the Council. B. Mr. Parker C. Folse, Jr. to make a presentation regarding a possible future development. V. 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 SPECIAL PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 12TH DAY OF NOVEMBER, 1976 AT 2:00 P.M. CITY SECRE RY L, f J 7 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE I The City Council of the City of Grapevine, Texas convened in regular session at 7:45 P.M. this the 16th day of November, 1976 with the following members present to-wit: William D. Tate Mayor Doil Dalton Mayor Pro-tem Charles Dunn Councilman ' David Florence Councilman Larry Oliver Councilman Willis Pirkle Councilman constituting a quorum, with Councilman Charles Gideon absent, , with Floy T. Ezell City Manager Jim Hancock Asset. City Manager Shirley Armstrong City Secretary John Boyle City Attorney k Mayor Tate called the meeting to order. The invocation was delivered by Councilman Florence. k The first order of business was consideration of the minutes of the meeting of November 2, 1976. Councilman Florence G made a motion to waive the reading of the minutes and approve them as printed. The motion was seconded by Councilman Dunn and prevailed by the following vote: Ayes: Tate, Florence, Oliver, Dalton, Pirkle & Dunn F Nays: None Absent: Gideon t. The next order of business was for the City Council to present the life saving bar to Patrol Sergeant Larry Betik for heroic service in the line of duty. City Manager Floy Ezell made the presentation on behalf of the City Council and expressed appreciation and pride in the action taken by Sergeant Betik. r; The next order of business was for the City Council to hold a public hearing for the purpose of determining the allocation of funds to be specified on the Community Development Program application for 1977. The City Manager asked Mr. Bob Hart, Park and Recreation Director to explain the application to the Council. Mr. Hart stated that application was being made for the replacement of the west side outfall sanitary main. He commented that this project would be beneficial to low and moderate income families and aid in the elimination of slum. Mr. Hart continued to say that completion of the project would take an average of fourteen months with an estimated cost of $89,720. He acknowledged that the city would be applying for $78,018 to be used only for construction of the proposed line. He added that the remaining $11,702 would be funded by the City to complete engineering and design. Mayor Tate then stated that questions were in order from the Council. There were none. The City Manager commented that the application had been reviewed by the County and that he felt relatively sure that Grapevine would be able to partici- pate in the program. Mayor Tate thanked Mr. Hart for his efforts in preparing the application. The Mayor then asked if there were any guests present who wished to make a comment e: or ask a question in regard to the application. There were s none. Councilman Dalton made a motion to close the public i s s 1 hearing concerning the Community Development Program application. The motion was seconded by Councilman Florence and prevailed by the following vote: Ayes: Tate, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None Absent: Gideon The next order of business was for the City Council to consider a resolution authorizing the City Staff to apply for the 1977 Community Development Grant. The City Secre- tary then read the proposed resolution. Councilman Oliver made a motion that the resolution be adopted. The motion was seconded by Councilman Pirkle and prevailed by the following vote: Ayes: Tate, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None Absent: Gideon RESOLUTION NO. 76-22 RESOLUTION TO SUBMIT THE CITY OF GRAPEVINE'S COMMUNITY DEVELOPMENT GRANT APPLICATION FOR 1977 The next order of business was for the City Council to consider an ordinance regarding itinerant merchants. The City Manager explained that the ordinance had been revised since it was last considered by the City Council and asked the City Attorney if he would explain the changes to the Council. Mr. Boyle acknow- ledged that an inconsistancy regarding interstate commerce had been corrected and that a phrase had been added to section 4-1-10 to make it clear that the health certificate and examina- tion would be paid by the applicant. The City Secretary then read the caption of the proposed ordinance. Councilman Dunn asked if even though charitable organizations were exempt from paying the license fee, would they still be required to apply for the license. The City Attorney answered yes. There was no further discussion. Councilman Pirkle made a motion that the ordinance be adopted. The motion was seconded by Councilman Florence and prevailed by the following vote: Ayes: Tate, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None Absent: Gideon ORDINANCE NO. 76-29 AN ORDINANCE REPEALING TITLE 49 CHAPTER 1, SECTIONS 1 THROUGH 8, OF THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS, AND SUBSTITUTING THEREIN A NEW TITLE THAT PRO- VIDES DEFINITIONS, REQUIRES A LICENSE TO SOLICIT SALES OR TAKE ORDERS FOR ANY SERVICES, GOODS, WARES, OR MERCHANDISE FROM PLACE TO PLACE, OR FROM DOOR TO DOOR WITHIN THE CITY OF GRAPEVINE; REQUIRING LICENSE FEE; EXEMPTING CHARITABLE ORGANIZATIONS AND THOSE WITHIN INTERSTATE COMMERCE FROM PAYING LICENSE FEE; REQUIR- ING APPLICATION; REQUIRING A BOND, EXCEPTING CERTAIN GOODS AND COMMERCIAL AGENTS; PROVIDING A PENALTY, AND SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. i r� The next order of business was for the City Council to consider an ordinance controlling the display of certain magazines. The City Secretary read the caption of the pro- posed ordinance. The City Attorney explained that the pro- posed ordinance was similar to one that has been in effect in the City of Dallas for approximately eighteen months. I He explained that the ordinance provided that if an establish- F ment is open to those under the age of 17 and if they display magazines, pamphlets, books, etc. with sexually explicit material on the cover, those items must be covered. He further stated that the ordinance has proven to be workable in Dallas, and is one that he would recommend to the Council d for their particular area of concern. Councilman Florence stated that he opposed the ordinance on the grounds that f there is a state statute (Section 43.24 of the Penal Code) that covers the same material. The City Attorney pointed out that under the State Statute the material had to be 4 proven to be pornographic. He added that there would be a very narrow area that is not totally covered by existing state law. He further noted that it would be difficult to prove poronography on some of the items that would be forbidden by the proposed ordinance. Councilman Florence stated that if a display could not be considered pornographic or legally obscene, then under the constitution, it could not be for- bidden. The City Attorney commented that in this situation it was a matter of addressing it to the minors . He added that it may be in an area that is just in between what can' t be constitutionally prohibited and yet what is not covered by the state statutue. Councilman Pirkle made a motion that the proposed ordinance be adopted. The motion was seconded by Councilman Dunn and prevailed by the following vote: 8 G Ayes: Tate, Oliver, Dalton, Pirkle & Dunn Nays: Councilman Florence r' Absent: Councilman Gideon r The City Attorney then suggested that the merchants affected by the ordinance be notified and given a reasonable length of time in which to comply. F, ORDINANCE NO. 76-30 E AN ORDINANCE PROHIBITING DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. The next order of business was for the City Council to consider an ordinance authorizing a revision of Title 7, Chapters 2, 3, fl 4 and 10 of the City Code pertaining to sewer and waterworks. The City Secretary read the caption of the proposed ordinance. h The City Manager explained that the only changes have been to simplify the existing ordinance and to insert the new tap fee charges that were approved on October 5, 1976. Councilman Dunn made a motion to adopt the ordinance. The motion was seconded by Councilman Pirkle and prevailed by the following vote: a Ayes: Tate, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None Absent: Gideon k, i s f I 18 i R ORDINANCE NO. 76-31 AN ORDINANCE REVISION FOR THE PURPOSE OF CODIFICATION OF CERTAIN EXISTING CHAPTERS OF THE CITY CODE OF THE CITY OF GRAPEVINE BY REPLACING THE EXISTING CHAPTERS 2, 3, 4 AND 10 OF TITLE 7 OF THE CODE RELATING TO THE SEWER SYSTEM, WATER WORKS, WATER AND SEWER EXTENSIONS AND SANITATION CONTROL; WITH NEW CHAPTER 3-WATER AND WASTE WATER MAIN EXTEN- SIONS AND IMPROVEMENTS; PROVIDING FOR CERTAIN SPECIFIC INCREASES IN CHARGES; PROVIDING AN EFFECTIVE DATE FOR THE INCREASED CHARGE; PROVIDING THAT ALL SECTIONS THAT ARE NOT AMENDED STAY BUT ONLY RENUMBERED STAY IN CONTINUAL EFFECT; PROVIDING A PENALTY; PRO- VIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY. The next order of business was for the City Council to consider three ordinances regarding traffic control signs: Stop Signs, No Parking, and 20 MPH School Zones. The City Secretary read the caption of the proposed stop sign ordinance. The City Manager explained that the ordinance was the result of a study made by the traffic engineering firm from Houston. He ex- plained that it was being recommended that some yield signs be replaced by stop signs, that some stop signs be removed, and that some be installed at various locations as pointed out in the ordinance. After some discussion it was noted that numerous errors had been made in the preparation of the ordi- nance regarding the actual corners where the signs were to be installed. Also, Council members were in agreement that the four way stop signs at the corners of College at Ball, Dooley at Wall, Dooley at Worth, and Dooley at Franklin should remain four-way stop signs . After a considerable amount of discussion, Councilman Dunn made a motion to table consideration of the proposed stop and yield sign ordinance. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes: Tate, Florence, Oliver, Dalton, Dunn & Pirkle Nays: None Absent: Gideon The City Secretary then read the caption of the proposed ordi- nance regarding no parking signs. There was little discussion. Councilman Pirkle made a motion to adopt the ordinance. The motion was seconded by Councilman Dalton and prevailed by the following vote: Ayes: Tate, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None Absent: Gideon ORDINANCE NO. 76-32 AN ORDINANCE AMENDING TITLE 9, CHAPTER 4, SECTION 4, OF THE CITY CODE TO PROHIBIT PARKING IN SPECIFIC DESIGNATED LOCATIONS ON THE EAST AND WEST SIDE OF DOVE ROAD AND THE EAST SIDE OF DOVE LOOP; PROVIDING A PENALTY: PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. The city secretary then read the caption of the ordinance re- garding speed limits in school zones. The City Manager pointed out the areas that would be affected by the 20 MPH speed limits. Councilman Oliver made a motion to adopt the ordinance. The motion was seconded by Councilman Dunn and prevailed by the following vote: Ayes: Tate, Florence, Oliver, Dalton, Pirkle & Dunn Nays: None Absent: Gideon 1_ i i l ORDINANCE NO. 76-33 E AN ORDINANCE AMENDING TITLE 9, CHAPTER 3 OF THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS SO AS TO FIX THE PRIMA FACIE SPEED LIMITS IN CERTAIN DESIGNATED SCHOOL ZONES OF GRAPEVINE; PROVIDING FOR A PENALTY FOR VIOLATION; PROVIDING A SEVERABILITY CLAUSE; REPEALING CONFLICTING ORDINANCES; AND DE- CLARING AN EMERGENCY. E The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission regard- G ing the Creekwood Addition preliminary plat. The Assistant City Manager provided the Council Members with copies of the preliminary plat and explained the location of the development. He then noted that the plat complied with the City Code with two exceptions as pointed out by Freese & Nichols, consulting j engineers for the City of Grapevine. The first violation noted was the use of four-inch water mains in the cul-de-sacs. The City Code states that the minimum diameter of a water line must be six inches. A letter from Freese and Nichols noted that a four-inch line is hydraulically adequate and meets all state requirements . Mr. Hancock continued to say that the second item of concern indicated by Freese & Nichols was that s` information had not been presented to support the location shown for the 1OU year flood line shown on the drawings. Mr. Hancock stated that he had consulted with the City Attorney and had been advised that the preliminary plat concerns only the sub-division of the land and the water main and flood plain information can be furnished with the final and detailed plans. Mr. Hancock then stated that the Planning & Zoning Commission recommended approval of the preliminary plat of Creekwood MM Addition. Councilman Florence asked who the applicant was for the development. The Engineer, R. V. Trammel, stated that the developer is Kerri Investment Corporation of Irving. Mayor Tate asked how many lots had been platted. Mr. Trammel ' answered that there were ninety-one. Councilman Dunn asked what size homes would be built in the development. Mr. Trammel answered that the price range would be in the neighborhood of $45,000 and up with the average lot size being 751 x 1201 . Councilman Dunn asked the Assistant City Manager if the engineers were completely satisfied with the drainage in the area. Mr. F; Hancock answered that there was some concern, but that it would have to be worked out before the final plat would be considered. Councilman Dunn asked if there were other subdivisions in Grapevine where the requirement for the six-inch pipe had been waived and a four-inch line permitted. Mr. Hancock answered yes, in instances where there were no fire hydrants to be connected to those particular lines. Councilman Florence asked if lots 3 and 53 would remain vacant for drainage purposes. Mr. Trammel answered the flood line would have to be determined, but that there is a possibility that one more lot could be provided. Councilman Dunn made a motion to accept the recommenda- tion of the Planning & Zoning Commission and approve the pre- liminary plat. The motion was seconded by Councilman Pirkle and prevailed by the following vote: k Ayes: Tate, Florence, Oliver, Dalton, Pirkle & Dunn p Nays: None Absent: Gideon Mayor Tate then introduced Mr. Parker C. Folse, Jr. ; 8740 Canyon Drive; Dallas, Texas 75209 and explained that Mr. Folse had asked permission to make a short presentation regarding possible future development in the Grapevine area. Mr. Folse stated that his clients , Mr. & Mrs. Van C. Ellis of Dallas had recently acquired a fifty-two acre tract of land near E i 1 20 m I §!B S Lake Grapevine for the purpose of developing a resort health spa. Mr. Folse then displayed plans for the initial build- ing pointing out areas of interest such as indoor/outdoor swimming pool, lodging quarters and hiking trails. He added that the first phase would include approximately ten acres at the northern end of the peninsula. He then stated that future plans for the remainder of the land could include a resort hotel as well as some retail shopping facilities. Mr. Folse concluded by stating that he felt any development brought to Grapevine by Mr. & Mrs . Ellis would be an asset to the community. Mr. Folse then thanked the Council for allowing him to make his presentation, and stated that he would be appearing before the Council in the near future for zoning consideration. ' Mayor Tate asked if there was any further business to come before the Council. Councilman Oliver stated that he would be especially leased to s a y see n attempt made toward better P P P communication between the Council and various committees and boards. He asked that the Council Members be made aware of the meeting dates of committees and also that they be supplied a copy of the minutes of those meetings. The City Manager answered that in the future minutes of committee meetings will be forwarded to the Council and every effort will be made to keep the Council better informed of the activities of various board and committees. There being no further business to come before the council, Councilman Oliver made a motion to adjourn. The motion was seconded by Councilman Florence and all present vo aye. PASSED AND APPROVED this the day f , 1976. }: Mayor ATTEST: City S cre r