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HomeMy WebLinkAbout1993-12-21 Joint Meetingi � i i AGENDA ' CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, DECEMBER 21, 1993 AT 6:30 P.M. ; CONFERENCE ROOM #204 307 WEST DALLAS ROAD : CALL TO ORDER 1 i ; a EXECUTIVE SESSION 1 . City Council to conduct a closed session relative to pending or contemplated � litigation (relative to [A] Dallas/Fort Worth International Airport Board's decision ; relative to proposed Runway 16/34 West and [B] Park Cities MUD v City of ; Grapevine and City of Dallas Water Rights Case pending in Denton County) and ? real estate (relative to [C] right-of-way acquisition on Heritage Avenue) under � amendments to Article 6252-17, V.A.T.C.S., Subsections 2(e) and 2(f1. E � City Council to reconvene in open session and take any necessary action f relative to pending or contemplated litigation (relative to [A] Dallas/Fort Worth � International Airport Board's decision relative to proposed Runway 16/34 West t and [B] Park Cities MUD v City of Grapevine and City of Dallas Water Rights ; Case pending in Denton County) and real estate (relative to [C] right-of-way ' acquistion on Heritage Avenue) under amendments to Article 6252-17, , � V.A.T.C.S., Subsections 2(e) and 2(fl. i � � ADJOURNMENT ; � IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY � � THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT ° THE CITY SECRETARY'S OFFICE AT (817) 481-0392. REASONABLE a ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. ; IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTER � 227, ACTS OF THE 61 ST LEGISLATURE, REGULAR SESSION, THE SPECIAL CITY � COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH � ` DAY OF DECEMBER, 1993 AT 5:00 P.M. ind uff City Secretary t # � � � j E. � E STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session on this the 21 st day of December, 1993 at 6:30 p.m. in Conference Room #204, 307 West ' Dallas Road, with the following members present to-wit: William D. Tate Mayor � Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Gil Traverse Council Member Will Wickman Council Member constituting a quorum, with Council Member Jerry L. Pittman absent, with the following members of the City Staff: Trent Petty City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 6:37 p.m. � ITEM 1 . EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding pending or contemplated litigation (relative to [A] Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West, [B] Park Cities MUD v City of Grapevine and City of Dallas Water Rights Case pending in Denton County), and real estate (relative to [C] right-of-way acquisition on Heritage Avenue) under amendments to Article 6252-17, Subsections 2(e) and 2(f). Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Trent Petty stated there was no action necessary relative to pending or contemplated litigation (relative to [A] Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West, [B] Park Cities MUD v City of Grapevine and City of Dallas Water Rights Case pending in Denton Countyl, and real estate (relative to [Cl right-of-way acquisition on Heritage Avenue) under amendments to Article 6252-17, Subsections 2(e) and 2(f). NOTE: City Council continued with the Regular City Council meeting. 12/21/93 ADJOURNMENT Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to adjourn the meeting at 9:40 p.m. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None Absent : Pittman PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the �+th day of January , 1994. APPROVED: � William D. Tate . Mayor ATTEST: a � inda uff City ecretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, DECEMBER 21, 1993 AT 7:30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD i CALL TO ORDER � INVOCATION: Commissioner Marvin Balvin JOINT PUBLIC HEARINGS 1 . City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU93-13 submitted by Food Lion, Inc. requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to allow the possession, storage, retail sale, and off-premise ; consumption of alcoholic beverages (beer and wine only) in conjunction with � the operation of retail grocery store. The property is located at 4201 Pool Road and is zoned "CN" Neighborhood Commercial with a Conditional Use Permit to operate a grocery store. 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to the replat application submitted by Dellwood Development Company . for the replat of Lot 16, Block 5, Ridgecrest Addition into Lots 16R1 and 16R2. The 0.196 acre tract, zoned "R-3.5" Two-Family District Regulations, is located on Fern Court, south of Wall Street, north of College Street and west of Dogwood Drive. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Conference Room #204 to consider ` published agenda items. City Council to remain in session in the Council Chambers to consider published business. £ � ! t t r r ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 481-0392. REASONABLE ' ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. I { # IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTER 227, ACTS OF THE 61 ST LEGISLATURE, REGULAR SESSION, THE REGULAR JOINT ` CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF DECEMBER, 1993 AT 5:00 P.M. � ; Lin Huff � City Secretary i � ' � , j t $ t � 9 4(g £ ^ j ( _ � � � � � E AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 21, 1993 AT 7:30 P.M. � COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 � 307 WEST DALLAS ROAD � � � CITIZENS REQUEST � � r � NEW BUSINESS r � 3. Staff report relative to changes to address safety zones on Birch Avenue and � take any necessary action. �` F � 4. Consider resolutions authorizing Staff to set public hearings for January 18, ° 1994 for proposed amendments to the Grapevine Code of Ordinances, Chapter 4 Alcoholic Beverages relative to brew pub permits and to the Comprehensive f , Zoning Ordinance No. 82-73, as amended, relative to definition of brew pub and take any necessary action. ' 4 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 City 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. 5. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 18 Personnel, Article II, Division 2, Texas Municipal Retirement System ("TMRS") to increase employee deposits to the TMRS fund from 5% to 6%, re-authorization for an increase to retirees' annuities by 70% of the percentage change in the Consumer Price Index, and re-authorization for Updated Service Credits for employees with at least 36 months of credited service in TMRS. Personnel Director recommends approval. 6. Consider award of Bid 94-479 Microcomputer Contract to the lowest and best bidder meeting specifications, MicroCity, Inc., to establish contract pricing. Finance Director recommends approval. " 1 7. Consider award of Bid 94-483 Purchase of Trees Contract to the lowest and best bidders meeting specifications: Earth Works, Neches River Tree Farm, Southwest Landscape Nursery, and Unique Landscaping. Staff recommends approval. 8. Consider rejecting all bids received for Bid 94-486 Purchase of Portable ' Pumpset for Waste Water Collection. Finance Director recommends approval. 9. Consider award of Bid 94-488 Purchase of Fertilizer to the lowest and best � bidders meeting specifications: BWI Companies and Turf Industries. Staff recommends approval. 10. Consider authorization for the destruction of certain Personnel, Finance and Municipal Court records in accordance with State law. Staff recommends approval. 11 . Consider approval of the minutes of the December 7, 1993 City Council meetings. City Secretary recommends approval as published. PURSUANT TO THE TEXAS OPEN MEETINGS ACTS, VERNON'S TEXAS CIVIL STATUTES, ARTICLE 6252-17, ONE OR MORE OF THE ABOVE ITEMS MAY BE E CONSIDERED IN EXECUTIVE SESSION CLOSED TO THE PUBLIC. ANY DECISION � HELD ON SUCH MATTER WILL BE TAKEN OR CONDUCTED IN OPEN SESSION { FOLLOWING THE CONCLUSION OF THE EXECUTIVE SESSION. s PLANNING & ZONING COMMISSION RECOMMENDATIONS z 12. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU93-13 (Food Lion, Inc.) and a subsequent ` ordinance, if applicable. 13. Consider the recommendation of the Planning & Zoning Commission relative to � the replat of Lot 16, Block 5, Ridgecrest Addition into Lots 16R1 and 16R2 and " take any necessary action. 14. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, Mac's Corner Addition and take any necessary action. � � _ MISCELLANEOUS REPORTS AND/OR DISCUSSION p � � � fE 1 � ( ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DiSABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 481-0392. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTER 227, ACTS OF THE 61 ST LEGISLATURE, REGULAR SESSION, THE REGULAR CITY ' COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF DECEMBER, 1993 AT 5:00 P.M. Lin a Huff City Secretary . c, AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, DECEMBER 21, 1993 AT 7:30 P.M. � CONFERENCE ROOM #204 ; E 307 WEST DALLAS ROAD � i _ � � NEW BUSINESS � P s 1 . Consider Conditional Use Application CU93-13 (Food Lion, Inc.) and make a recommendation to the City Council. � � 2. Consider the replat of Lot 16, Block 5, Ridgecrest Addition into Lots 16R1 and 16R2 and make a recommendation to the City Council. 3. Consider the final plat of Lot 1, Block 1, Mac's Corner Addition and make a recommendation to the City Council. 4. Consider request to amend the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 17 "R-3.5" Two-Family District Regulations, Section 18 "R-3.75" Three and Four Family District Regulations, Section 20 "R-TH" Townhouse District Regulations and take any necessary action. E 5. Consider request to amend the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 27 "PO" Professional Office District Regulations and take any necessary action. 6. Consider Tree Removal Application TR93-02 relative to a tree mitigation plan for trees illegally removed at 2701 Ira E. Woods Avenue and take any necessary action. CONSIDERATION OF MINUTES 7. Consider the minutes of the November 16, 1993 Planning & Zoning Commission meeting and take any necessary action. MISCELLANEOUS REPORTS AND/OR DISCUSSION ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 481-0392. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTER 227, ACTS OF THE 61 ST LEGISLATURE, REGULAR SESSION, THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF DECEMBER, 1993 AT 5:00 P.M. Li a Huff City Secretary � l � � i ; . � � � STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 21 st day of December, 1993 at 7:30 p.m. in the Council Chambers, Municipal Court Room #205, 307 West Dallas Road, with the following members of the City Council present to-wit: William D. Tate Mayor : Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Gil Traverse Council Member Will Wickman Council Member constituting a quorum, with Council Member Jerry L. Pittman absent, with the following members of the Planning & Zoning Commission: Ron Cook Chairman Larry Oliver Vice Chairman Cathy Martin Member Curtis Young Member Darlene Freed Member Steve Stamos Member constituting a quorum, with Commissioner Marvin Balvin absent, with the following members of the City Staff: Trent Petty City Manager John F. Boyle, Jr. City Attomey Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:45 p.m. INVOCATION ' Commissioner Oliver delivered the Invocation. 12/21/93 ITEM 1 PUBLIC HEARING CONDITIONAL USE APPLICATION CU93-13. FOOD LION. INC. � Mayor Tate declared the public hearing open. Planner Marcy Ratcliff advised Conditional Use Application CU93-13 had been submitted by Food Lion, Inc. requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to allow the possession, storage, retail sale, and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a retail grocery store. The property is located at 4201 Pool Road and is zoned "CN" Neighborhood Commercial with a Conditional Use Permit to operate a grocery store greater than 9,500 square feet. Ms. Ratcliff reported the existing development contains a 32,211 square foot building with 147 existing parking spaces which exceeds the minimum parking required by 36 spaces. Ms. Celine Bland, on behalf of Food Lion, Inc., addressed the City Council and Planning & Zoning Commission requesting favorable consideration of the conditional use application. There were no questions from the City Council or the Planning & Zoning Commission. r,. Mayor Tate invited guests present to comment regarding the conditional use r application. The following people spoke in opposition to the conditional use application and expressed concerns regarding the safety of the neighborhood: 1 . Mr. Robert Rippe 2. Ms. Geri Butterworth 5305 Maple Lane 5402 Bi�ch Court Colleyville Colleyville 3. Mr. John Dinneen 2602 Arbor Trail Colleyville :; ` City Secretary Linda Huff reported there was one letter of support and two letters of opposition received. Commissioner Young, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Cook, Oliver, Martin, Young, Freed & Stamos : Nays : None ' Absent : Balvin Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a motion to ' close the public hearing. The motion prevailed by the following vote: ' 2 12/21/93 Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None ' Absent : Pi m n tt a ITEM 2. PUBLIC HEARING. REPLAT LOT 16 BLOCK 5 RIDGECREST ADDITION DELLWOOD DEVELOPMENT COMPANY Mayor Tate declared the public hearing open. Assistant Director of Public Works Stan Laster reported an application had been filed by Dellwood Development Company for the replat of Lot 16, Block 5, Ridgecrest Addition into Lots 16R1 and 16R2 for the construction of two townhouses. The 0.196 acre property, zoned "R-3.5" Two-Family District Regulations, is located on Fern Court, south of Wall Street, north of College Street and west of Dogwood Drive. Mr. Tim Lancaster, president of Dellwood Development Company, requested favorable consideration of the replat application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the replat application. No one wished to speak and there was no correspondence to report. Commissioner Freed,seconded by Commissioner Young, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Cook, Oliver, Martin, Young, Freed & Stamos Nays : None Absent : Balvin Mayor Pro Tem Ware, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None Absent : Pittman RECESS AND RECONVENE '; Mayor Tate announced the Planning & Zoning Commission would recess to Conference Room #204 to consider published business. ' The City Council remained in session in Council Chambers to consider published business. 3 12/21/93 ITEM 2A. CITIZENS REQUEST, MS. KATHY LIONETTE Ms. Kathy Lionette, 3100 Birch Avenue, stated her opposition to the "no parking, stopping or standing" signs that had been recently installed on Birch Avenue. She stated her opinion that the signs had not corrected the congested pedestrian or vehicular traffic, but had restricted access to her home on Monday through F�iday. ITEM 2B. CITIZENS REQUEST, MS. SUE RODRIQUEZ Ms. Sue Rodriquez, 4180 Halmont Drive, stated her opposition to the "no parking, stopping or standing" signs that had been recently installed on Birch Avenue. She presented a petition signed by approximately 120 citizens directly affected by the issue requesting that the "no parking, stopping or standing" signs be removed from Birch Avenue. ITEM 2C. CITIZENS REQUEST, MS. SHARON GREENE ; Ms. Sharon Greene, 3105 Birch Avenue, expressed her concern that all the neighbors were not included in an earlier neighborhood meeting with the City Staff to discuss , the pedestrian and vehicular traffic issue on Birch Avenue. She stated it was her opinion that the "no parking, stopping or standing" signs were not needed in the area. Ms. Greene proposed the City Council consider extending the school zone to include all of Birch Avenue, enforce the crosswalk area, and remove the "no parking, stopping or standing" signs on Birch Avenue. ITEM 2D. CITIZENS REQUEST, MR. ALAN RICARD Mr. Alan Ricard, 4227 Fair Oaks Drive, expressed his opposition to the "no parking, stopping, or standing" signs that had been placed on Birch Avenue. He supported ' extending the school zone all the way to Roberts Road. i ITEM 2E. CITIZENS REQUEST, LETTERS TO THE RECORD City Secretary Linda Huff read the following letters into the record: ' -------------------------------------------------------------------------------------------------------------------- "There are several key points that need to be made regarding the petition that , either has been made or will soon be addressed. Firstly, the person collecting " the signatures was never heard from or seen until the signs went up. Don't lose site of the point because that clearly demonstrates that the petition is not ' about the safety of our kids in the area but rather is about what the petition 4 12/21/93 ' itself states at the top, doing away with the signs. The people signing the petition were not asked, "what do you think of the safety issue in the area?" or even, "what suggestions do you have to make this area more safe for our children?", they were simply asked to sign a petition to get the safety and school zones signs removed. So if the petition does not address safety, what is it about then? One can only assume it is about convenience. At first it was convenient, even acceptable, for children to be dropped off in our neighborhood, but now the influx is such that it is not safe to continue doing so unrestricted. The question the council needs to be tirelessly asking the sign complainers is "in what way has installing the signs made the area less safe for our children?" I repeat, "in what way has installing the signs made the area less safe for our children?" Would someone like to stand and answer that question right now? This gal named Sue who collected all these signatures told my wife and I on December 12 when she came to our home, that she didn't realize that dropping the children off had become such a problem to the kids. So here we have someone who has just been sending her kids merrily off to school, who was totally unaware of any safety issue who is now collecting signatures to take signs down that are designed to make the area more safe that she didn't even realize had become unsafe?? What's wrong with this picture? She also likes to make the point that as home owners in this neighborhood, that we knew what we were "getting into" when we bought where we did. Personally I couldn't agree more. When we bought our home I distinctly remember telling my wife that if the surrounding sub-divisions are allowed to continue dropping their kids off at the current volume that there was sure to be an incident of a kid, whether on foot or on bicycle, getting hit by a car. After all this is a residential neighborhood, not Heritage Road. Indeed about two months ago there was a kid on a bike who almost got sandwiched between one car pulling out after dropping off kids at the same time the car in front was backing up to get clear of the car in front so she could leave. The kid flew by in between them on his bike. This is why the principal of Heritage Elementary, Ms. Holifield, has sent home many notices asking parents not to drop their kids off in our neighborhood, but I think in addition to her safety concern there is the city's concern about , getting sued if and when an accident like the one that almost happened would happen. Sue even acknowledged receiving the principal's notices and continuing to send her kids to school the same way because that's the way she'd been doing it. Her petition started after more than a year's worth of warnings and pleadings turned into action. 5 12/21/93 Recognize that this is an emotional issue. If you think not, since the petition has been going on we now have cars honking in protest as they circle on their way out of the neighborhood after dropping off their kids. We have kids telling other kids that they now hate them (or their parentsl because the signs went up. Good grief!! The city decided, along with the immediate neighborhood, who are obviously close to the situation, to try and reduce the sheer volume of cars in and out of our neighborhood in the name of safety. It has also been mentioned to put the stopping, standing, etc sign at the entrance of Stonegate 3 so no volume would be coming through, because now we have people doing 3 point turns and backing around a corner at the corner of Birch and Fair Oaks, which is illegal, and not a good idea to be encouraging people to back up when so many kids are around. Other suggestions mentioned would be to put a 3-way stop sign at the corner of Heritage an Glade, because that corner is really such a mad house. That alone would greatly reduce the congestion on the approach to Glade. The cost of two stop signs would be a fortune less than a million dollar lawsuit against the city of Grapevine and the school district when a kid gets in an accident while being dropped off for school in a residential neighborhood. � Again, this petition does not deal with the issue of safety one iota. So it is inconsequential even if it has 2,000 signatures on it. This is a safety issue only. Having people sign that they think the signs are an inconvenience is as predictable as night following day. Who would think they'd do anything else? € But the issue isn't about whether it's an inconvenience to get up 5 minutes � earlier to get one's kids safely to school - it is about the safety of our children, and that alone!!! Let's make sure we address the real issue - safety and not an unsurprising inconvenience tally." (s) Paul Hart .,, -------------------------------------------------------------------------------------------------------------------- "To: Grapevine City Council From: Mark Wiser ' 3109 Birch Avenue Grapevine, Texas 76051 I wish to thank the City Council for taking a brave step two weeks ago and ' approving safety measures for children who access Heritage Elementary and ' Heritage Middle schools in our neighborhood. During the past eleven days, the number of cars mixing with children have ' been almost non-existent. This simple observation is proof that the City ' 6 12/21/93 Council has indeed met theirs and ours objective of increasing safety for the children on Birch Avenue. However, one caveat of this improvement is trying to convince parents that the original design and platting of this school access on Birch was for pedestrians, and was never intended for the number of cars that currently access Birch Avenue. A survey has recently been collected by a parent opposed to the safety improvements on Birch Avenue. If this survey is presented to the City Council ! tonight, I would like you to consider the number of names on the list and ' realize that there are probably others who support their position, but were not in a position to sign. The simple fact that we have people signing this petition only goes to prove our point that we have too many cars trying to access Birch Avenue with children. The recipe for too many cars on a small dead-end street mixing with children, is an accident waiting to happen. With the recent announcement that the new High School will be built with an access gate on Heritage Avenue, I promise you this evening, more and more cars will use Birch Avenue to drop their children off. The safety problems originally discussed just two weeks ago before Council will only get worse." -------------------------------------------------------------------------------------------------------------------- ITEM 3. STAFF REPORT. BIRCH AVENUE Assistant to the City Manager David Tesmer briefed the City Council regarding the Staff and citizen recommendations implemented to address safety concerns of residents on Birch Avenue. City crews installed "School Zone" signs, "Do Not Block Private Drive" signs, "No Parking, Stopping or Standing" signs and painted the crosswalk on Birch Avenue after the December 7, 1993 City Council meeting. After installation of the "No Parking, Stopping or Standing" signs (which were to be in effect on school days only), the City immediately began receiving telephone calls from numerous residents and parents opposing their placement. City Manager Trent Petty commented that City Staff became involved in the traffic safety issue on Birch Avenue due to the school related pedestrian/vehicularcongestion in the cul-de-sac. He noted that placement of the signs and designation of the school zone had reduced vehicular traffic in the area. He commented that possibly more study time should be allowed (due to the school holidays) to see if the traffic safety issues would be resolved by the implementation of the safety regulations. He also noted the City had prepared a draft letter to forward to the Grapevine/Colleyville Independent School District requesting their comments on the possible construction of an access/parking area on the west side of the schools (off of Birch Avenuel. 7 � 12/21/93 Lengthy City Council discussion ensued relative to the need to address the safety of the school children utilizing Birch Avenue. City Staff presented a brief video of one day after school depicting the congestion in the area. It was also discussed that the City Council should consider appointing a Birch Avenue Task Force to study the traffic issue. Following deliberation, Council Member Wilbanks offered a motion to temporarily cover bag the "No Parking, Stopping or Standing" signs, extend the school zone all the way to Roberts Road and consider appointments to a Birch Avenue Task Force at the January 4, 1994 City Council meeting. The motion was seconded by Council �` Member Wickman and prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman F Nays : None Absent : Pittman RECESS AND RECONVENE ; Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present with the exception of Council Member Pittman. ITEM 4. RESOLUTIONS, SETTING PUBLIC HEARINGS, PROPOSED AMENDMENTS TO GRAPEVINE CODE OF ORDINANCES. CHAPTER 4 ALCOHOLIC BEVERAGES AND COMPREHENSIVE ZONING ORDINANCE NO. 82-73, SECTION 12 DEFINITIONS RELATIVE TO BREW PUB This item was discussed after Item 11 . Community Development Director H. T. Hardy requested the City Council consider two resolutions setting public hearings for January 18, 1994 relative to proposed � amendments to the Grapevine Code of Ordinances, Chapter 4 Alcoholic Beverages and Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions relative to brew pub. Mr. Hardy reported the proposed amendments to Chapter 4 would allow in all commercial districts, or to an individual or entity whose principal business is transporting of the general public as a conditional use, a brew pub only in conjunction with a restaurant, cafe or eating establishment (whose gross annual food sales represent at least fifty percent (50%) of its total sales as defined in Chapter 4, Section 4-5). The proposed amendment to the Comprehensive Zoning Ordinance, Section 12 Definitions provides that brew pubs shall be in accordance with the Texas ' Alcoholic Beverage Code and is a conditional use in any commercial district. ' t 8 12/21/93 Council Member Spencer, seconded by Council Member Traverse, offered a motion to adopt the resolutions setting the public hearings for January 18, 1994. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None Absent : Pittman RESOLUTION NO. 93-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS CALLING A PUBLIC HEARING TO CONSIDER AMENDING THE GRAPEVINE CODE OF ORDINANCES, ' CHAPTER 4 ALCOHOLIC BEVERAGES RELATIVE TO BREW PUBS; AUTHORIZING THE ADVERTISEMENT FOR PUBLIC HEARING; ' SETTING A DATE FOR PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE RESOLUTION NO. 93-49 A RESOLUTION INSTITUTING A NEW ZONING CASE OR CASES IN ORDER TO CONSIDER AMENDING AND CHANGING THE CITY'S COMPREHENSIVE ZONING ORDINANCE, ORDINANCE N0. 82-73, AS AMENDED, SAME ALSO BEING KNOWN AS APPENDIX "D" OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS BY AMENDING SECTION 12 DEFINITIONS RELATING TO BREW PUB; AUTHORIZING THE ADVERTISEMENT FOR PUBLIC HEARINGS PURSUANT TO TAX. REV. CIV. STAT. ANN. ART. 1011 a-1011 e; SETTING A DATE FOR PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE CONSENT AGENDA ! The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one ' business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. 9 � 12/21/93 These items were discussed after item 3. Item 5 Ordinance Amend Chapter 18 Personnel. Article II, Division 2, Texas Municipal Retirement System Personnel Director recommended approval of an ordinance amending the Grapevine ; Code of Ordinances, Chapter 18 Personnel, Article II, Division 2, Texas Municipal Retirement System ("TMRS") to increase employee deposits to the TMRS fund from 5% to 6% of the individual earnings, re-authorization for an increase to retiree's ; .3 annuities by 70% of the percentage change in the Consumer Price Index, and re-authorization for Updated_ Service Credits for employees with at least 36 months of credited service in TMRS as of December 31, 1992. Motion by Council Member Wilbanks, seconded by Council Member Wickman, to '� approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None Absent : Pittman ORDINANCE NO. 93-62 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 18 PERSONNEL, ARTICLE II, DIVISION 2, TEXAS MUNICIPAL RETIREMENT SYSTEM; AUTHORIZING AND ALLOWING, ? UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ' ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF GRAPEVINE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ' ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; TO INCREASE THE RATE OF DEPOSITS TO THE ' TEXRS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE { ' 10 12/21/93 Item 6. Award Bid 94-479 Microcomputer Contract Finance Director recommended award of Bid 94-479 Microcomputer Contract to the lowest and best bidder meeting specifications, MicroCity, Inc., to establish contract pricing for microcomputers and accessories. Motion by Council Member Wilbanks, seconded by Council Member Wickman, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman ' Nays : None Absent : Pittman Item 7. Award Bid 94-483 Purchase of Trees Contract Staff recommended award of Bid 94-483 Purchase of Trees Contract to the lowest and best bidders meeting specifications: Earth Works for Sections IA, IB, and IVA; Neches River Tree Farm for Sections IIIB and IVB; Southwest Landscape Nursery for Section IIB; Unique Landscaping for Sections IIA and IIIA to establish contract pricing. Motion by Council Member Wilbanks, seconded by Council Member Wickman, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None Absent : Pittman Item 8. Reject Bids for Bid 94-486 Purchase of Portable Pumpset for Waste Water Collection . Finance Director recommended rejecting all bids received for the purchase of a portable pumpset for Waste Water Collection. Motion by Council Member Wilbanks, seconded by Council Member Wickman, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman , Nays : None Absent : Pittman 11 �' 12/21/93 Item 9. Award Bid 94-488 Purchase of Fertilizer Staff recommended award of Bid 94-488 Purchase of Fertilizer to the lowest and best bidders meeting specifications: BWI Companies for Items 1 and 3, and Turf Industries for Item 2 to establish contract pricing. Motion by Council Member Wilbanks, seconded by Council Member Wickman, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None Absent : Pittman Item 10. Authorize Disaosal of Certain Personnel. Finance and Municipal Court Records : Staff recommended approval for the disposal/destruction of certain Personnel, Finance and Municipal Court records in accordance with State law. Motion by Council Member Wilbanks, seconded by .Council Member Wickman, to approve as recommended prevailed by the following vote: , Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None � Absent : Pittman Item 11 . Consideration of Minutes City Secretary recommended approval of the minutes of the December 7, 1993 City Council meetings. Motion by Council Member Wilbanks, seconded by Council Member Wickman, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None Absent : Pittman The following items were discussed after Item 4. ' 12 12/21/93 ITEM 12. PLANNING & ZONING COMMISSION RE OMMENDATION CONDITIONAL USE APPLICATION CU93-13 FOOD LION INC. Community Development Director H. T. Hardy advised the Commission voted 6-0 to approve Conditional Use Application CU93-13 filed by Food Lion, Inc. granting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and granting a conditional use permit to allow the possession, storage, retail sale, and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a retail grocery store on property located at 4201 Pool Road. Mayor Pro Tem Ware, seconded by Council Member Traverse, offered a motion to accept the Commission's recommendation and approve the ordinance granting the ' waiver and approving the conditional use permit. The motion failed by the following vote: Ayes : Ware & Traverse Nays : Tate, Spencer, Wilbanks & Wickman Absent : Pittman ITEM 13. PLANNING & ZONING COMMISSION RECOMMENDATION REPLAT LOT 16, BLOCK 5, RIDGECREST ADDITION Community Development Director H. T. Hardy advised the Commission voted 6-0 to approve the replat of Lot 16, Block 5, Ridgecrest Addition into Lots 16R1 and 16R2. The property located on Fern Court, south of Wall Street, north of College Street and west of Dogwood Drive is zoned "R-3.5" Two-Family District Regulations and the developer plans to construct two townhouses. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the replat application. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None Absent : Pittman ITEM 14. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 . BLOCK 1 . MAC'S CORNER ADDITION Community Development Director H. T. Hardy advised the Commission voted 6-0 to approve the final plat of Lot 1, Block 1, Mac's Corner Addition. The property is located at the northwest corner of Dallas Road and State Highway Business 114 and is zoned "LI" Light Industrial District Regulations. 13 's � 12/21/93 Council Member Spencer, seconded by Council Member Wickman, offered a motion K to accept the Commission's recommendation and approve the final plat application. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Trayerse & Wickman Nays : None Absent : Pittman MISCELLANEOUS REPORTS AND/OR DISCUSSION ; ITEM 15. DISCUSS AVIGATION EASEMENTS £ Council Member Spencer requested the City Manager to place an item on the next City Council for discussion of avigation easements. ADJOURNMENT Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to adjourn the meeting at 9:40 p.m. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None Absent : Pittman PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of ,)anuarv , 1994. APPROVED: . Wil iam . Tate Mayor ATTEST: ind Huff City Secretary 14