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Home My WebLink About1988-05-03 Regular Meeting F' 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 . Plaque of Recognition to be resented to Ms . Gladys Skinner q g 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 Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the Council for full discussion.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 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 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 t' THIS THE 29TH DAY OF APRIL, 1988 AT 5: 00 P.M. 9 g (iu'e' City Secretary s s' j i s r t 1 E t f 4 i 4 5 t a i r i; z r 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 Chambers, Municipal Court Room #205, 307 West Dallas Road, with the following members present 'i to wit: Tom Powers Mayor Ted R. Ware Mayor Pro Tem Jim Glynn Council Member Sharron Spencer Council Member C. Shane Wilbanks Council Member Lynn R. Niedermeier Council Member Gil Traverse Council Member constituting a quorum, with the following members of the City Staff: Dennis E. Dawson City Manager Kelvin Knauf Assistant City Manager Adrienne C. Leonard Assistant City Attorney Linda Huff City Secretary I CALL TO ORDER Mayor Tear Powers call the Regular meeting to order at 7:30 p.m. INVOCATION { The Invocation was delivered by Council Member Niedermeier. ITEM 1. PRESENTATION, MS. GLADYS SKINNER Mayor Powers presented Ms. Gladys Skinner, who recently retired after serving ten (10) years as the Director of the Senior Citizen Center, a Plaque of Appreciation for her dedication and time 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. ITEM 2. DR. CURTIS RATLIFF Dr. Curtis Ratliff addressed the Council on behalf of Mr. David Saxe, owner of the Northwest Plaza Shopping Center, regarding the current zoning and uses allowed on the shopping center property. He briefly reviewed a situation that developed when trying to locate his chiropractic office in Grapevine. After research of the Grapevine area, a consulting firm recommended three (3) l shopping centers for possible location of the medical office. The areas were { all zoned "HC" Highway Commercial which does not allow professional offices. He requested that the Council review the current zoning ordinance relative to j "HC" Highway Commercial and consider amendments 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 Commission be held on June 7, 1988 to consider possible amendments to the "HC" Highway Commercial Zoning District. 1 ITEM 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 Committee 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 r Powers asked if there was any member of the audience or the City Council who fwished to remove an item from the consent agenda for full discussion. Mr. Fred Joyce requested that Item 3 Second reading of Ordinance No. 88-30 (Zoning Application Z88-02) be removed for full discussion. e i j ITEM 3. SECOND READING, ORDINANCE NO. 88-30, ZONING APPLICATION Z88-02, MARY STONE MYERS This item was removed from the consent agenda and discussed after Item 6. Mr. Fred Joyce, speaking on behalf of Ms. Mary Stone Myers, property owner 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 west of W. T. Parr Road, south of Parr Park, and east of High Countryside Drive. The ! requested rezoning is fran "R-20" Single-Family District Regulations to f 'R-12.5" Single-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 from the final plat and submittal 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 adjustment might be needed in the development 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 adjustment is needed. Assistant City Attorney Adrienne Leonard stated that Paragraph No.7 in the deed restrictions would 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 worded to state, "that in the event a replat, or an amended plat, that has been approved by the Planning & Zoning Commission and the City Council becomes 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 recommended by Ms. Leonard would deal with amending the plat and not the zoning ordinance itself. She noted if there was a substantial change to the plat, state law requires approval of the property owners (if any lots have been sold) or the public hearing process must be followed. 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 Member Niedermeier offered a second to the motion which prevailed by f the following vote: Ayes . Ware, Wilbanks, Niedermeier, & Traverse Nays . Powers & Spencer Abstain: Glynn ORDINANCE N0. 88-30 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, ANNEXING ADJACENT AND CONTIGUOUS ' TERRITORY TO THE CITY OF GRAPEVINE, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREAS SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED; PROVIDING A SEVERABILITY CLAUSE; AND FURTHER PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL (2) 05/03/88 BOUNDARIES OF THE CITY AS HERETOFORE ADOPTED AND PROVIDING FOR THE ORDINANCE TO GO INTO EFFECT UPON PASSAGE OF THE t ORDINANCE ON SECOND READING f€ I � ITEM 4. Second Reading, Ordinance No. 88-31, Conditional Use Application f CU88-05, Marathon Restaurants Director of Community Development recommended approval of the second reading of Ordinance No. 88-31, submitted by Marathon Restaurants, relative to Conditional Use Application CU88-05 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. The Board of Zoning Adjustment approved the variances requested with the stipulation that the unpaved portion of the parking lot would be paved within two (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 Member Traverse made a motion to adopt the ordinance on the second reading as recommended. Council Member Niedermeier offered a second to the motion, which prevailed by the following vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Nays: None ORDINANCE NO. 88-31 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING A CONDITIONAL USE PERMIT FOR THE POSSESSION, STORAGE, AND RETAIL SALE OF BEER, WINE AND MIXED ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF F ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A 1 CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS 1 ' ITEM 5 Set Public Hearing Date, Proposed Amendments to Animal Control Ordinance Staff recommended approval of setting a public hearing date for June 7, 1988 to discuss amendments to the Code of Ordinances, Chapter 6 Animals proposed and Fowl. Council Member Traverse made a motion to approve as rec .nded. Council Member Niedermeier offered a second to the motion, which prevailed by the following vote: (3) 05/03/88 Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Nays: None s ITEM 6. Consideration of the Minutes City Secretary recommended approval of the minutes from 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 motion to approve the Planning & Zoning Commission recommendation and approve the zoning change request. Motion by Council Member Traverse to approve as amended, seconded by Council Member Niedermeier, prevailed by the following vote: Ayes: Powers, Ware, G1Yan. Spencer, Wilbanks Niedermier & Traverse Nays: None f ITEM 7. HOLD HARMLESS AND INDEMNITY AGREE-=, ZACK SHARIFF I Economic Development Director Robert Vick introduced Mr. Zack Shariff, owner 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 Economic Development Department had been very helpful during the design process. He also noted there had been some miscommunication between 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 complete the back of the building with wood siding. Mr. Shariff was then informed by City Staff that to conform with the City Building Code requirements, there must be the seventy percent (70%) ' 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 damage arising from the six (6) inch encroachment into the City's easement. 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. Following discussion, Council Member Traverse made a motion to authorize the City Manager to enter into a Hold Harmless and Indemnity Agreement 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 ITEM 8. ORDINANCE, FIRST READING, UTILITY AaAMXMENT, WOODLAND HILLS ADDITION, LOT 16, BLOCK 2 Mr. Doug Eberhart, Assistant Manager/Developer of the Public Works Department, 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 owner has provided the releases from all of the utility companies and received approval from the Board of Zoning Adjustment 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 recommended 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 recommended. The motion was seconded by Council Member Wilbanks and prevailed by the following vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Ayes: None ORDINANCE NO. 88-32 r AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A UTILITY EASEMENT LOCATED ON LOT 16, BLOCK 2, WOODLAND HILLS ADDITION IN THE CITY OF GRAPEVINE, TEXAS, AS HEREINAFTER ' DESCRIBED; PROVIDING A SEVF.RABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE ITEM 9. FACILITIES COMMITTEE, GUIDELINES . Director of Public Works Jerry Hodge reviewed the recommended scope of responsibilities for involvement by the Facilities Committee on decisions made in reference to public facilities and requested the Committee 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 Committee and any recommendation to Council should be submitted by the Facilities Committee. Lengthy deliberation ensued. Comments included clarification of minor and major remodeling and technical, or special use buildings. The following was i recommended to be referred to the Camnuttee for their review and subsequent t t recommendation to the City Council: F 1. Remodeling or renovation that would involve structural modification of the facility and change in function. 2. Facade modifications where the visual impact would be critical on public use buildings. f 3. New facilities that are to be used on 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. During discussion, it was recommended the Committee not be involved in maintenance functions such as replacement of carpet, painting, work on heating and cooling systems, plumbing, ceiling tile, and technical or special use buildings such as water and wastewater treatment facilities, swimming pool, 'j belt press buildings, etc. The Committee should rely on Staff and the 1 respective advisory committees to make the proper decisions and take the I authorization to Council. 7 Mayor Pro Tem Ware made a motion to adopt the recommended guidelines for the Facilities Committee. The motion was seconded by Council Member Wiblanks and prevailed by the following vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None i ITEM 10. BID AWARD, CIVIC CENTER REFURBISHMENT Acting Director of Parks & Recreation Mark Mailes noted the bid award to Wells Construction Company, lowest and best bid meeting specifications, in the amount of $10,200.00 for the refurbishment of the Civic Center had been i reviewed by the Facilities Committee. The Committee concurred with Staff's I recommendation to award the bid as presented. (5) 05/03/88 f This item was discussed in length. Issues discussed were current liability involvement relative to the worn carpet, upgrading of the kitchen and bathrooms, bringing electrical wiring up to current standards, whether remodeling of the facade should be considered at this time and relocating the Convention & Visitors Bureau offices to the Civic Center at a future date. The Center would be closed during the month of June for renovation to include new carpet, floor tile, ceiling tile, painting and electrical wiring. During deliberation it was the consensus of the City Council that the facade would be considered as a separate issue at another date. The relocating of the CVB 1 offices to the Civic Center would not be considered until a reasonable booking ° history had been established for the newly opened Convention Center. Council Member Wilbanks made a motion to award Wells Construction Company, the low bidder, the renovation contract in the amount of $10,200.00. Council Member Traverse offered a second to the motion which prevailed by the following vote: f Y Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, & Traverse Nays: Niedermeier MISCII.I,ANEOUS REPORTS AND/OR DISCUSSION ITEM 10A. Mayor Powers congratulated City Manager Dennis E. Dawson on obtaining the lease for the 15 acres from the DFW International Airport at a very nominal cost for the location of the Municipal Service Center. ITEM 10B. Mayor Pro Tem Ted Ware requested an update on the Farris Branch drainage location and inquired if there was adequate capacity in the drainage system for some development now, or would the creek ' need to have concrete lining before development could take place. Staff noted meetings were being held to address the situation. E ITEM 10C. Council Member Glynn reported the Golf Course Advisory Board had t met recently. The only major complaint regarding the course is the fivescme play policy but after the Board's discussion of the i policy, it will remain in effect. t t (`e ITEM 10D. Mayor Powers congratulated the Finance Department for receiving the Distinguished Budget Presentation Award, the highest form of recognition in governmental budgeting. ADJOURNMENT With no further business to come before the City Council, Mayor Pro Tem Ware foffered a motion to adjourn the meeting at 8:59 p.m. The motion was seconded F by Council Member Wilbanks which prevailed as follows: E i Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of May , 1988. I I APPROVED: Mayor ATTEST: OiW-Sec-r"eiff��YF f (6)