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HomeMy WebLinkAbout1987-08-18 Joint Meeting F AGENDA { F CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 18, 1987 AT 7 :30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD I . CALL TO ORDER i II. INVOCATION: Council Member C. Shane Wilbanks g III . PRESENTATION s A. Mayor to present certificate of recognition to Police Olympic Team member. IV. JOINT PUBLIC HEARINGS A. City Council and Planning & Zoning Commission to con- duct a public hearing relative to Zoning Application Z87-16 submitted by Washington & Associates, Inc. for Bloomingfield Addition, Phase II . (Approximately 15 . 196 acres located north of proposed Bloomingfield and east of William D. Tate Avenue, requesting rezoning from "PO" Professional Office Zoning District and "R-TH" Townhouse Zoning District to "R-5. 0" Zero Lot Line Zoning District and "CC" Community Commercial Zoning District. ) B. City Council and Planning & Zoning Commission to con- duct a public hearing relative to Conditional Use Application CU87-04 submitted by Walter P. Moore & Associates for LaPetite Academy. (Requesting conditional use for a day care center located west of William D. Tate Avenue, east of Heritage Avenue and fronting Hall-Johnson Road. C. City Council and Planning & Zoning Commission to con- duct a public hearing relative to Conditional Use Application CU87-05 submitted by Frank Haile, Jr. for Elaine ' s Oven-Ready Pizza. (Requesting conditional use for sale of alcoholic beverages for off-premise consumption (beer only) at 1222 William D. Tate Avenue, Parcel E--Towne Center. ) V. END OF JOINT PUBLIC HEARINGS A. Planning & Zoning Commission to recess to Conference Room #204 to consider other published agenda items. B. City Council to remain in session in the Council Chambers to consider further business. IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED k BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR SES- SION, THE REGULAR CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 14TH DAY OF AUGUST, 1987 AT 5 :.00 P.M. (k t C City Secretary ( f i AGENDA 4 CITY OF GRAPEVINE, TEXAS s REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 18 , 1987 AT 7 : 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD i i 1 VI. CITIZENS REQUESTS VII. CONSENT AGENDA Consent items are deemed to need little Council deliber- ation 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 . A. Consideration of a resolution setting a public hearing date for proposed amendments to Comprehensive Zoning Ordinance No. 82-73, Section 42 Supplementary District Regulations, Section 47 Site Plan Review, Section 56 Off-Street Parking Requirements and Section 58 Parking and Loading Area Development Standards. Director of Community Development recommends approval, setting a public hearing date of September 15, 1987. B. Consider the City Manager to execute Change Order #1 in the amount of $9, 496. 66 with St. James Construction Company relative to the Police Department office expansion. Police Chief and Purchasing Agent recommend approval. C. Consider authorizing the City Manager to enter into a lease agreement with Trinity Industries for $5, 000. 00 annually for approximately 30 acres of land containing soccer fields on East Dallas Road. Director of Parks & Recreation recommends approval. D. Consider award of the bid to the single bidder, Hydra-Stop, Inc. in the amount of $31, 540. 00 for purchase of the value inserting tool to allow City employees to tap lines . Public Works Manager of Operations and Purchasing Agent recommend approval. E. Consider award of the bid to the lowest qualified bidder, meeting all specifications, Construction Parks and Equipment, Inc. , in the amount of $27, 249 .00 for purchase of a nine (9) wheel pneumatic tire compactor (Ferguson SP-192) . Public Works Manager of Operations and Purchasing Agent recommend approval. F. Consider award of the bid to the lowest and best bid meeting specifications to Mega Equipment Co. in the amount of $34 , 592 . 57 for the purchase of a backhoe loader with soundproof cab. Public Works Manager of Operations recommends approval. t G. Consider award of the bid to the lowest qualified bidder, meeting specifications, Dower Buick GMC, in the amount of $30, 032. 00 for the purchase of one eight cubic yard diesel dump truck. Public Works Manager of Operations and Purchasing Agent recommend approval. H. Consider authorizing the City Manager to enter into a professional services contract with Freese & Nichols, Inc. for the final design of Dallas Road widening project in accordance with the revised realignment. F k Said contract will be a standard professional services contract with price based on the final construction costs . Current estimate construction costs yield an anticipated fee of approximately $330, 000. 00 . Director of Public Works recommends approval. E I . Consideration of a resolution amending Resolution t No. 87-30, by deleting certain items from the surplus equipment list and by declaring certain equipment as surplus for the auction to be held on August 22, 1987. Purchasing Agent recommends approval. J. Consideration of the minutes of the meetings of August 4 , 1987 . City Secretary recommends approval as published. VIII . NEW BUSINESS A. City Council to consider an ordinance providing for r the sale of Public Property Finance Contractual Obligations in the amount of $1, 135, 000 for the purchase of street equipment, an aerial fire truck, police communications equipment and other related equipment, and the buyout of lease/purchase agree- ments. B. City Council to consider a risk management ordinance. f C. City Council to consider an ordinance creating the officer and employee liability plan for the City. y9y t t D. City Council to consider awarding of insurance bids and take any necessary action. g E. City Council to consider approval of the construction of a water main to supply water service to residences on Cross Creek and take any necessary action. E F. City Council to consider size of indoor recreation k center and take any necessary action. E G. City Council to consider consultant study for low flying aircraft over residential areas and take any necessary action. H. City Council to consider appointment to the Convention & Visitors Bureau Board. ? 4 IX. OLD BUSINESS i A. City Council to consider tabled Zoning Application x Z87-02 submitted by Henry S. Miller. `z X. PLANNING & ZONING COMMISSION RECOMMENDATIONS F g A. City Council to consider the recommendation of the F Planning & Zoning Commission relative to Zoning Appli- cation Z87-16 (Bloomingfield Addition, Phase II) and a subsequent ordinance, if applicable. f B. City Council to consider the recommendation of the Planning & Zoning Commission relative to Conditional E Use Application CU87-04 (LaPetite Academy) and first reading of a subsequent ordinance, if applicable. C. City Council to consider the recommendation of the 4 Planning & Zoning Commission relative to Conditional Use Application CU87-05 (Elaine' s Oven-Ready Pizza) and a subsequent ordinance, if applicable. D. City Council to consider the recommendation of the Planning & Zoning Commission relative to the replat of Park Central Garden Homes Addition. ( t E. City Council to consider the recommendation of the Planning & Zoning Commission relative to the final f plat of the Bloomingfield Addition, Phase I . F. City Council to consider the recommendation of the Planning & Zoning Commission relative to the prelimi- nary plat of Bloomingfield Addition, Phase II. W G. City Council to consider the recommendation of the Planning & Zoning Commission relative to the final plat of the Clearview Park Addition. H. City Council to consider the recommendation of the Planning & Zoning Commission relative to the final plat of the Crystal Butte Addition. I . City Council to consider the recommendation of the k Planning & Zoning Commission relative to the prelimi- nary plat of the Dove Meadows Addition. J. City Council to consider the recommendation of the t Planning & Zoning Commission relative to the prelimi- nary plat of the Tri-Point Centre. K. City Council to consider the recommendation of the Planning & Zoning Commission relative to proposed amendments to Comprehensive Zoning Ordinance No. 82-73, Section 53 Landscaping regarding Planned 0 Commercial Centers and a subsequent ordinance, if applicable. XI. EXECUTIVE SESSION A. City Council to recess to Conference Room #204 to discuss pending or contemplated litigation (Eastern Airlines) and discuss personnel (City Manager annual evaluation) pursuant to Article 6252-17, V.A.T.C.S. , Subsections 2 (e) and 2 (g) . B. City Council to reconvene in the Council Chambers and take any necessary action relative to pending or contemplated litigation (Eastern Airlines) and personnel (City Manager annual evaluation) . XII. MISCELLANEOUS REPORTS AND/OR DISCUSSION XIII . ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED ' BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SES- SION, THE REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 14TH DAY OF AUGUST, 1987 AT 5: 00 P.M. City Secretary gr {k{ 1 S' z if f 4 f i EMERGENCY AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 18 , 1987 AT 7 : 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD 3 i I IX. OLD BUSINESS A. City Council to consider tabled Zoning Application Z87-02 submitted by Henry S. Miller and a subsequent ordinance, if appli- cable. THIS EMERGENCY AGENDA WAS PREPARED BECAUSE IMMEDIATE ACTION IS NECESSARY TO ENSURE THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE CITIZENS OF THE CITY OF GRAPEVINE, TEXAS. WITH ARTICLE 6252-17 IN ACCORDANCE , V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR CITY COUNCIL MEETING EMERGENCY AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF AUGUST, 1987 AT 4 : 00 P.M. City ecretar a E f � S 1 r AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 18, 1987 AT 7 : 30 P.M. CONFERENCE ROOM #204 - 307 WEST DALLAS ROAD t t j VI . NEW BUSINESS A. Planning & Zoning Commission to consider Zoning Application Z87-16 (Bloomingfield Addition, Phase II) and make a recommendation to the City Council. B. Planning & Zoning Commission to consider Conditional Use Application CU87-04 (LaPetite Academy) and make a recommendation to the City Council. C. Planning & Zoning Commission to consider Conditional Use Application CU87-05 (Elaine' s Over-Ready Pizza) and make a recommendation to the City Council. E D. Planning & Zoning Commission to consider the replat of t Park Central Garden Homes Addition and make a recommendation to the City Council. E. Planning & Zoning Commission to consider the final plat of Bloomingfield Addition, Phase I and make a recommendation to the City Council. F. Planning & Zoning Commission to consider the prelimi- nary plat of the Bloomingfield Addition, Phase II and make a recommendation to the City Council. G. Planning & Zoning Commission to consider the final plat of Clearview Park Addition and make a recommendation to the City Council. H. Planning & Zoning Commission to consider the final plat of the Crystal Butte Addition and make a recommendation to the City Council. I . Planning & Zoning Commission to consider the prelimi- nary plat of the Dove Meadows Addition and make a recommendation to the City Council. J. Planning & Zoning Commission to consider the prelimi- nary plat of the Tri-Point Centre and make a recom- mendation to the City Council. VII . OLD BUSINESS A. Planning & Zoning Commission to consider proposed amendments to Comprehensive Zoning Ordinance No. 82-73, Section 53 Landscaping regarding Planned Commercial Centers and make a recommendation to the City Council. VIII . CONSIDERATION OF THE MINUTES Meetings of May 19 and June 15, 1987 IX. MISCELLANEOUS REPORTS AND/OR DISCUSSION ( ( i x x i X. ADJOURNMENT 1 i IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S, AS AMENDED # BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SES- SION, THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 14TH DAY OF AUGUST, 1987 AT 5 : 00 P.M. E CiT'y 'Secretarylv y F } f t P t F } F. i If € k t€ yf I B t k 4 4 f, t t i p 4 t i k� f ¢e 7 t i a t a F s 3 JJ { I :111� d i STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and Planning & Zoning Commission of the City of Grapevine, k Texas met in Regular Joint Session on this the 18th day of August, 1987 at 7:30 p.m. in the Council Chambers, Municipal Court Roan #205, 307 West Dallas u Road, with the following members of the City Council present to-wit: Tan Powers Mayor Ted R. Ware Mayor Pro Tem 4 a Jim Glynn Council Member E 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 Planning & Zoning Commission: C Ron Cook Chairman Larry Oliver Vice Chairman Peggy Engholm Member Cathy Martin Member 1 Larry Atchley Member ;j Ervin Meyer Member 1 Rodney Smith Member constituting a quorum, with the following members of the City Staff: Dennis E. Dawson City Manager Kelvin Knauf Assistant City Manager i John F. Boyle, Jr. City Attorney j Linda Huff City Secretary CALL TO ORDER { jThe meeting was called to order by Mayor Powers. INVOCATION Council Member Shane Wilbanks delivered the Invocation. PRESENTATION, CERTIFICATE OF APPRECIATION, OFFICER RON HUDSON Mayor Powers presented Officer Ron Hudson of the Grapevine Police Department, with a certificate of appreciation in recognition for the awards received during his participation in the 1987 Police and Fire World Games in San Diego, 1 California. Officer Hudson placed third in the 100 yard dash and fourth in the 200 yard dash. Mayor Powers recognized Officer Hudson's many accomplishments in the State meets. PUBLIC HEARING, ZONING APPLICATION Z87-16, WASHINGTON & ASSOCIATES, INC. ,J (BLOOMINGFIELD ADDITION, PHASE II) I The first order of business was for the City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z87-16 A suhrnitted by Washington & Associates, Inc. for Bloaningfield Addition, Phase II. jMayor Powers declared the public hearing open. Director of Catmunity Development H. T. Hardy advised the subject 15.196 acre tract was located north of proposed Blooningfield and east of William D. Tate 1 Avenue. The requested rezoning was fran "PO" Professional Office Zoning District and "R-TH" Townhouse Zoning District to "R-5.0" Zero Lot Line Zoning District and "CC" Community Commercial Zoning District. Mr. Derryl Perry, of Washington & Associates, Inc., then addressed the Council and the Cammissioners. He noted that the 10.36 acres to be rezoned to "R-5.0" Zero Lot Line Zoning District would contain 40 lots with a minimum lot size of a f t 08/18/87 f 4 6,600 square feet. The remaining 4.838 acres to be rezoned to "CC" Community Commercial would be contigious to the Community Commercial zoning to the south of the development. He reviewed the proposed roadway connections in the t development. i Brief comments and questions from the City Council and Planning & Zoning Commission included street connections to William D. Tate Avenue and Bear Run. 3 Mayor Powers then inquired if there were guests present who wished to comment either for or against the zoning request. There were none and there was no correspondence to report. E } A motion to close the public hearing was offered by Commission Member Engholm =' and seconded by Commission Member Atchley. The motion prevailed as follows: i "s Ayes : Cook, Oliver, Engholm, Martin, Atchley, Meyer, & Smith Nays : None } Council Member Niedermeier also made a motion to close the public hearing. The motion was seconded by Mayor Pro Tem Ware and prevailed by the following vote: Ayes : Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays . None PUBLIC HEARING, CONDITIONAL USE APPLICATION CU87-04, WALTER P. MOORE & ASSOCIATES (LAPETITE ACADEMY) The next order of business was for the City Council and Planning & Zoning k Commission to conduct a public hearing relative to Conditional Use Application CU87-04 submitted by Walter P. Moore & Associates for LaPetite Academy. o- Mayor Powers opened the public hearing. E Director of Community Development H. T. Hardy reported the tract in question was located 650' west of William D. Tate Avenue, fronting on the south side of t Hall-Johnson Road and contained 1.165 acres. The property was zoned "R-MF-2" Multi-Family Residential, with a conditional use requested for operation of a day care center. s Mr. Mike McKay, of Walter P. Moore & Associates, outlined the proposed use of the site as a day care center expected to accommodate an enrollment of 150 students when fully developed. There were no questions from the City Council or Planning & Zoning Commission. p Mayor Powers then invited those present to speak relative to the proposed conditional use request. No one requested to speak and there was no corres- pondence to report. t:. ry F A motion to close the public hearing was offered by Commissioner Atchley and seconded by Commissioner Martin. The motion prevailed by the ensuing vote: z Ayes: Cook, Oliver, Engholm, Martin, Atchley, Meyer, & Smith Nays: None Council Member Wilbanks then offered a motion to close the public hearing. f, The motion was seconded by Council Member Niedermeier and prevailed by the A t ensuing vote: t Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, and Traverse Nays: None s § PUBLIC HEARING, CONDITIONAL USE APPLICATION CU87-05, FRANK HAILE, JR. (ELAINE'S OVEN-READY PIZZA) The next order of business was for the City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU87-05 submitted by Mr. Frank Haile, Jr. for Elaine's Oven-Ready Pizza. Mayor Powers declared open the public hearing. (2) 1 08/18/87 Director of Community Development, H. T. Hardy reported the tract in question was located at 1222 William D. Tate Avenue, Parcel E Towne Center, north of Wal-Mart. The property was zoned "CC" Community Commercial with a conditional use requested for sale of alcoholic beverages for off-premise consumption (beer only) in conjunction with the operation of a carry out pizza establish- ment. Mr. Frank Haile, Jr., representing Elaine's Oven-Ready Pizza, addressed the City Council and Planning & Zoning Commission. He briefly noted the proposed r use and requested favorable consideration of the application. Council questioned if the pizza and beer would be delivered. Mr. Haile responded the establishment does not deliver and the pizza is ready for the oven--unbaked. Mayor Powers then inquired if there were guests present who would like to comment regarding the conditional use request. There were none and there was I no correspondence to report. Commissioner Smith then offered a motion to close the public hearing. The motion was seconded by Commissioner Oliver and prevailed by the following vote: Ayes: Cook, Oliver, Engholm, Martin, Atchley, Meyer, & Smith Nays: None Mayor Pro Tem Ware offered a motion to close the public hearing. The motion was seconded by Council Member Niedermeier and prevailed by the following vote: f 1 Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ZONING APPLICATION Z87-02, HENRY S. MILLER 1 jThe next order of business was for the City Council to consider Zoning Appli- cation Z87-02 submitted by Henry S. Miller. Mr. Barry Knight, of Winstead, McGuire, Sechrest & Minick, representing Henry S. Miller addressed the Council requesting the zoning change from "PO" Professional Office Zoning District to "CC" Community Commercial Zoning District on a 21 acre tract of land bounded by Northwest Highway on the north, Wall Street on the south and S.H. 114 on the west, continue to be tabled until the November 17 Council meeting. Henry S. Miller is continuing to negotiate with the Living Word Lutheran Church concerning the alternative solutions for the development of the site. Following brief discussion, Council Member Traverse made a motion to table Zoning Application Z87-02 for 90 days until the November 17, 1987 Council ' meeting. The motion was seconded by Mayor Pro Tem Ware and prevailed by the following vote: a' Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None a E)MCUTIVE SESSION Mayor Powers then advised the Planning & Zoning Commission would remain in session in the Council Chambers to consider other published agenda items. The City Council recessed to Conference Roam #204 to discuss pending or con- templated litigation (Eastern Airlines) pursuant to Article 6252-17, V.A.T.C.S., Subsection 2(e) . upon reconvening in the Council Chambers, all members of the City Council were present. It was reported that no action was necessary as a result of the closed session. ; CITIZENS REQUEST, DR. TERRY kALKER Dr. Terry Walker, 3830 W. T. Parr Road, addressed the City Council expressing e concern about the consideration of the issuance of Contractual Obligations for needed equipment. He questioned adequate storage area for the proposed (3) f I 6 f 08/18/87 e equipment, are there accurate cost estimates for the equipment, should not these items have been in the proposed 1988 budget, and questioned the legality of Contractual Obligations. He also expressed concern that the Council budget workshops had not been conducted to determine if the proposed equiprent was F needed. He reported that after his review of the 1988 proposed budget, he felt there were areas the proposed equipment could be added to the budget. He stated he didn't feel the Council could be justified in voting on the Contractual Obligations. j CITIZENS REQUEST, MR. PAUL SANDERS Mr. Paul Sanders, 1010 Kings Canyon Court, addressed the Council expressing concern about consideration of the issuance of Contractual Obligations and that the Council would be considering action on matters that will be incorporated in the proposed FY88 budget--mainly the risk management ordinance and the self-insurance program--prior to budget workshops and the public t hearing on the budget. S f City Attorney John Boyle stated that the insurance program comes up on an annual basis, and the City traditionally and consistently reviews the program at this time of year. The budgetary process and establishment of the tax rate will take place in accordance with the statute and will be done in a timely s fashion that is not inconsistent with the timing standpoint of what has been k done in the past. a Mr. Sanders expressed concern that knowledge be used when considering to self-insure auto liability and workman's compensation liability. He stated you do away with your common law defenses when you self-insure workman's s compensation. ORDINANCE, CONTRACTUAL OBLIGATION ISSUE 4 t k s The next item of business was for the City Council to consider an ordinance providing for the sale of Public Property Finance Contractual Obligations in the amount of $1,135,000 for the purchase of street equipment, an aerial fire truck, police communication equipment and other related equipment and the buyout of lease/purchase agreements. Director of Finance Ralph Seeley briefly reviewed the proposal to purchase $1,001,000 of new equipment and buyout of certain lease agreements through the issuance of Public Property Finance Contractual Obligations. He reported that over a seven year period, savings in the amount of $93,000 would be recognized by the issuance of the Contractual Obligations, therefore the reason for #' proposing this as the financing mechanism for these particular items. Mr. Harold McInroe, of First Southwest Company, then addressed the Council regarding the bid received and the interest rate. He briefly reviewed the procedure for securing the bid, noting Contractual Obligations are new enough that banks showed concern in their issuance, therefore First Southwest went to E investment banking dealers and received a bid of 6.457% from Prudential Based Securities. He recommended the Council accept the bid from the Prudential Based Securities and award the Contractual Obligations to them. He noted the City received a AAA rating. Mr. Dick Covington, of Hutchison, Price, Boyle & Brooks, then addressed the Council regarding the final conditions of the proposed ordinance for the sale of the Contractual Obligations. Lengthy deliberation ensued. Questions and comments from the Council included s legality of the Contractual Obligations, postponement of the issuance until after the FY88 budget workshops and other options available for securing financing of the proposed equipment. Mr. McInroe addressed the legality, noting the investment banking community presented this method of financing to r sell bonds to allow cities to do a lease/purchase type of operation. The Attorney General reviewed the process and stated it was legal. Mr. McInroe it F and City Attorney John Boyle both stated once the Attorney General approves j the deal, it becomes uncontestable and is a matter of statutory law. Mr. Boyle stated this process is a new response to the question of lease/ purchase financing. And as to whether or not it is a more viable economical tool for municipalities of the state to issue obligations, it is the opinion of Hutchison, Price, Boyle & Brooks' firm that they are valid, and he rendered an unqualified opinion in that regard. (4) i i } 08/18/87 There was lengthy discussion concerning the alternate payment methods of the aerial fire truck that is to be delivered on September 1, 1987 and the buyout of the certain current lease/purchase agreements. j The caption of the proposed ordinance was then read into the record. Council Member Glynn made a motion to adopt the ordinance authorizing the issuance of Contractual Obligations. The motion was seconded by Mayor Pro Tem. Ware and failed by the ensuing vote: Ayes: Ware, Glynn, & Traverse Nays: Powers, Spencer, Wilbanks, & Niedermeier Council discussion ensued concerning time involved in the issuance of Contrac- tual Obligations if considered after the public hearings concerning the FY88 budget. Comments were made concerning financing of the aerial fire truck. Mayor Powers then announced the City Council would take a brief recess. All members of the Council were present upon reconvening momentarily. Council deliberation continued concerning the issuance of Contractual Obliga- tions for a lesser amount than originally considered. Mr. McInroe expressed concern that underwriters have a difficult time selling bonds that have an annual payment below $100,000 and there is no assurance the same interest rate could be retained for one week. After lengthy deliberation, the concensus of the Council was to conduct the Council and Staff budget workshops on August 25 and 26, and to hold the public hearing on the FY88 budget on September 1, 1987 and then to consider Contrac- tual Obligations after the FY88 budget workshops. PLANNING & ZONING COMMISSION RECOMMENDATION, Z87-16, WASHINGTON & ASSOCIATES, e' INC. (BLOOMDWIELD ADDITION, PHASE II) The next order of business was for the City Council to consider the Planning & 1 Zoning Commission recommendation relative to Zoning Application Z87-16 (Blooms ingfield Addition, Phase II) and a subsequent ordinance, if applicable. I Planning & Zoning Commission Chairman Ron Cook reported the vote was 7-0 for approval of the rezoning of a 15.196 acre tract of land located north of the proposed Bloomingfield and east of William D. Tate Avenue from "PO" Profes- sional Office Zoning District and "R-TH" Townhouse Zoning District to "R-5.0" Zero Lot Line Zoning District on 10.364 acres and "CC" Community Commercial Zoning District on 4.8314 acres. The caption of the proposed ordinance was read into the record. There being little discussion, Mayor Pro Tem. Ware made a motion to accept the ` Planning & Zoning Commission recommendation and adopt the ordinance. The motion was seconded by Council Member Niedermeier and prevailed by the ensuing E vote: r Ayes: Powers, Ware, Glynn, Spencer, Niedermeier, & Traverse Nays: Wilbanks ORDINANCE N0. 87-47 AN ORDINANCE AMENDING ORDINANCE N0. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO J<NOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A TAT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE G. M. BELL SURVEY, ABSTRACT N0. 234 AND THE WILLIAM DRISF LL SURVEY, ABSTRACT NO. 405, IN THE CITY OF GRAPEVINE, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID (5) i 08/18/87 i PROPERTY FROM "PO" PROFESSIONAL OFFICE ZONING DISTRICT AND "R-TH" TOWNHOUSE ZONING DISTRICT TO "R-5.0" ZERO LOT LINE ZONING DISTRICT AND "CC" COMMUNITY COMMERCIAL 5 ZONING DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMEND- MENT THEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN EMERGENCY y 6, PLANNING & ZONING COMMISSION RECOMMENDATION, CONDITIONAL USE APPLICATION CU87-04, WALTER P. MOORE & ASSOCIATES (LAPETITE) , FIRST READING The next order of business was for the City Council to consider the recomren- dation of the Planning & Zoning Commission relative to Conditional Use Application CU87-04 submitted by Walter P. Moore & Associates (LaPetite) and a subsequent ordinance on first reading, if applicable. Chairman Ron Cook reported unanimous approval of this conditional use request for the operation of a day care center on 1.165 acres located west of William D. Tate Avenue, east of Heritage Avenue and fronting on Hall-Johnson Road. The first reading of the caption of the proposed ordinance was read for the record. Council Member Spencer made a motion to accept the Commission's recommendation and adopt first reading of the ordinance. The motion was seconded by Mayor Pro Tern Ware and prevailed by the following vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None } f ORDINANCE NO. 87-48 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" 4 OF THE CITY CODE, BY GRANTING A CONDITIONAL ` USE PERMIT FOR THE CONSTRUCTION AND OPERA- TION OF A DAY CARE CENTER IN A DISTRICT ' ZONED "R-MF-2" MULTI-FAMILY RESIDENTIAL UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVED k PURSUANT TO SECTION 47 OF ORDINANCE e NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRE- SERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A 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 ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICi A VIOLATION OCCURS (6) 1 08/18/87 I t e PLANNING & ZONING COMMISSION RECOMMENDATION, CONDITIONAL USE APPLICATION CU87-05, FRANK HAILE, JR. (E AINF•'S OVEN-READY PIZZA) The next item before the City Council was to consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU87-05 suhmitted by Frank Haile, Jr. (Elaine's Oven-Ready Pizza) and a subsequent ordinance, if applicable. Planning & Zoning Commission Chairman Ron Cook reported approval by a vote of 6-1 for a conditional use application for the sale of alcoholic beverages for off-premise consumption (beer only) at 1222 William D. Tate Avenue, jParcel E--Towne Center. ! The caption of the proposed ordinance was read into the record. After brief discussion of the premise, Mayor Pro Tem Ware made a motion to accept the Commission's recommendation and adopt the ordinance. Council Member Niedermeier offered a second to the motion which prevailed by the following vote: Ayes: Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: Powers ORDINANCE NO. 87-49 1 f AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE { 1 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 STORAGE, POSSESSION, RETAIL SALE AND OFF-PREMISE CONSUMPTION OF E 1 ALCOHOLIC BEVERAGES (BEER ONLY) IN CONJUNC- TION WITH THE OPERATION OF A CARRY-OUT PIZZA ESTABLISHMENT IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL CI'HER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRE- SERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A 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 a THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH it' A VIOLATION OCCURS; AND DECLARING AN EMERGENCY PLANNING & ZONING COMMISSION RECOMMENDATION, REPLAT, PARK CENTRAL GARDEN HOMES ADDITION The next item of business to be considered by the City Council was the recom- mendation of the Planning & Zoning Commission relative to the replat of Park Central Garden Homes Addition. Chairman Ron Cook reported the Planning & Zoning Coamtission's recommendation was to table this item until the August 25 Planning & Zoning Commission workshop. There was no formal action taken by the City Council. PLANNING & ZONING COMMISSION RECOMMENDATION, FINAL PLAT, BLOOMINGFIELD ADDITION, PHASE I The next item before the City Council was the Planning & Zoning Commission recommendation relative to the final plat of Blocmingfield Addition, Phase I. x. (7) f 08/18/87 4 Chairman Ron Cook noted the Planning & Zoning Commission recommended approval $ of the final plat of the Bloomingfield Addition, Phase I. The addition, [ located east of William D. Tate Avenue (S.H. 121) and fronting on the proposed Hall-Johnson Road, is zoned "R-5.0" Zero Lot Line. The vote was 7-0. P f Motion by Council Member Wilbanks and seconded by Council Member Spencer to E accept the Commission's recommendation and approve the final plat of the f Bloomingfield Addition, Phase I prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None a PLANNING & ZONING COMMISSION REC94,EtMTION, PRELIMINARY PLAT, BLOOMINGFIELD ADDITION, PHASE II The next item of business was for the City Council to consider the s recommendation of the Planning & Zoning Commission relative to the preliminary plat of Bloomingfield Addition, Phase II. The Bloomingfield Addition, Phase II is located north of Bloomingfield Addition, Phase I and east of William D. Tate Avenue. The zoning of the 10.36 acres is "R-5.0" Zero Lot Line. Chairman Ron Cook reported the Commission's approval 7-0 for the preliminary plat of this addition. A Motion by Council Member Wilbanks and seconded by Council Member Spencer to accept the Commission's recommendation and approve the preliminary plat of the Bloomingfield Addition, Phase II prevailed by the ensuing vote: is Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None PLANNING & ZONING COMMISSION RECOMMENDATION, FINAL PLAT, CLEARVIEW PARK The next item of business was for the City Council to consider the recommendation of the Planning & Zoning Commission relative to the final plat of Clearview Park. ' Clearview, Park is located east of S.H. 114, fronting on College Street and surrounding Baylor Medical Center. Chairman Cook reported the Commission's approval of the final plat of Clearview, Park, zoned "CC" Community Commercial and "PO" Professional Office by a vote of 7-0. Motion by Council Member Wilbanks and seconded by Council Member Spencer to s accept the Planning & Zoning Commission's recommendation and approve the final plat of Clearview Park prevailed by the following vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None PLANNING & ZONING COMMISSION RECOPME70ATION, FINAL PLAT, CRYSTAL BUTTE ADDITION The next item of business was for the City Council to consider the recommendation of the Planning & Zoning Commission relative to the final plat of the Crystal Butte Addition. Chairman Ron Cook noted the Commission's approval of the final plat of the Crystal Butte Addition by a vote of 7-0. The addition is zoned "R-20" . Single-Family Dwelling District and located north of Hall-Johnson Road, west of Parr Road and east of High Countryside Drive. Motion by Council Member Wilbanks and seconded by Council Member Spencer to accept the Planning & Zoning Commission's recommendation and approve the final plat of the Crystal Butte Addition prevailed by the following vote: i Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ,II i (8) y gg S 08/18/87 t' p: PLANNING & ZONING COMMISSION RECOMMENDATION, PRELIMINARY PLAT, DOVE MEADOWS The next item before the City Council was to consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Dove Meadows. The Dove Meadows Addition zoned "R-5.0" Zero Lot Line is located at the northwest corner of the intersection of Dove Loop Road and Dove Road. Chair- man Cook reported the Commission's approval of the preliminary plat on this tract by a vote of 7-0. Motion by Council Member Wilbanks and seconded by Council Member Spencer to accept the Planning & Zoning Commission's recommendation and approve the preliminary plat of Dove Meadows prevailed by the following vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None PLANNING & ZONING COMMISSION REC(MMENIDATION, PRELIMINARY PLAT, TRI-POINT ' CIIVTER The next item of business was for the City Council to consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Tri-Point Center. Commission Chairman Ron Cook reported approval of the preliminary plat by a vote of 7-0. The 57 acre tract of land, located east of William D. Tate Avenue and west of Arlington/Grapevine Road, is zoned "CC" Community Commercial. Motion by Council Member Wilbanks and seconded by Council Member Spencer to accept the Planning & Zoning Commission's recommendation and approve the preliminary plat of Tri-Point Center prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None PLANNING & ZONING COMMISSION RECOMMENDATION, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, SECTION 53 LANDSCAPING The next item of business was for the City Council to consider the 1 recommendation of the Planning & Zoning Commission relative to the proposed amendments to Comprehensive Zoning Ordinance No. 82-73, Section 53 Landscaping a and a subsequent ordinance, if applicable. The Planning & Zoning Commission recommendation, as reported by Chairman Ron Cook, was to approve the proposed amendments to Comprehensive Zoning Ordinance No. 82-73, Section 53 Landscaping regarding Planned Commercial Centers, with the rewording of Section 53 H.I.C. to read "Planter islands shall not be required for lots containing less than thirty-five thousand (35,000) square feet." The caption of the proposed ordinance was read into the record. Council Member Spencer made a motion to adopt the ordinance per the Planning & Zoning Commission's recommendation to amend Section 53 H.1.C. with the changing of lot size from 32,000 sq. ft. to 35,000 sq. ft. The motion was seconded by Mayor Pro Tem Ware and prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ORDINANCE NO. 87-50 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, j THE COMPREHENSIVE ZONING ORDINANCE OF THE i CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 53 H.l.c. , SECTION 53 H.2.a. AND SECTION 53 H.2.b. RELATIVE TO LANDSCAPING (9) E 08/18/87 c z REGULATIONS; PROVIDING A PENALTY NOT TO , I EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVEFABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE E f CONSENT AGENDA j The next order of business was for the City Council to consider the consent € agenda itam, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Powers 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. k Resolution, Authorize Staff to Proceed with Public Hearing for Amendments to Comprehensive Zoning Ordinance No. 82-73, Section 42 Supplementary District Regulations, Section 47 Site Plan Review, Section 56 Off-Street Parking Requirements and Section 58 Parking and Loading Area Development Standards Director of Community Development recommended approval of a resolution instructing City Staff to take all necessary action for consideration of proposed amendments to Section 42 Supplementary District Regulations, Section 47 Site Plan Review, Section 56 Off-Street Parking Requirements and Section 58 Parking and Loading Area Development Standards of Comprehensive Zoning Ordinance No. 82-73, as amended and setting a public hearing date of September 15, 1987. City Secretary Linda Huff read the caption of the proposed resolution. Motion by Mayor Pro Tem Ware and seconded by Council Member Traverse to approve as recommended prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None RESOLUTION NO. 87-33 A RESOLUTION INSTITUTING A NEW ZONING CASE OF CASES IN ORDER TO CONSIDER AMENDING AND CHANGING THE CITY'S COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 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 42 RELATING TO SUPPLIIViENTARY DISTRICT REGULATIONS; SECTION 47 RELATING TO SITE PLAN REVIEW; SECTION 56 RELATING TO OFF-STREET PARKING REQUIREMENTS; AND SECTION 58 RELATING TO PARKING AN LOADING AREA DEVELOPMENT STANDARDS; AUTHORIZING THE ADVERTISEMENT FOR PUBLIC HEARINGS PURSUANT TO TEX. REV. CIV. STAT. ANN. ART. 101la-1011e; SETTING A DATE FOR PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE Change Order, Police Department Office Expansion Police Chief and Purchasing Agent recommended approval of authorization for the City Manager to execute Change Order #1 in the amount of $9,496.66 with the St. James Construction Company relative to the Police Department office expansion project. Motion by Mayor Pro Tem Ware and seconded by Council Member Traverse to approve as recommended prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None (10) 08/18/87 Lease Agreement, Soccer Fields, Trinity Industries t Director of Parks & Recreation recommended approval of authorization for the City Manager to enter into a lease agreement with Trinity Industries for $5,000 annually for lease of approximately 30 acres of land containing soccer fields on East Dallas Road. Motion by Mayor Pro Tem Ware and seconded by Council Member Traverse to approve as recommended prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None Bid Award, Valve Inserting Tool Public Works Manager of Operations and Purchasing Agent recommended award of the bid to the single bidder, Hydra-Stop, Inc., in the amount of $31,540.00 for purchase of the valve inserting tool to allow city employees to tap lines. Notion by Mayor Pro Tem Ware and seconded by Council Member Traverse to approve as recommended prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None i Bid Award, Pneumatic Tire Compactor Public Works Manager of Operations and Purchasing Agent recommended award of the bid to the lowest qualified bidder meeting all specifications, Con- struction Parks and Equipment, Inc., in the amount of $27,249.00 for purchase of a nine (9) wheel pneumatic tire compactor (Ferguson SP-192) . Motion by Mayor Pro Tem Ware and seconded by Council Member Traverse to approve as recommended prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None Bid Award, Backhoe Loader Public Works Manager of Operations recommended award of the bid to the lowest and best bid meeting specifications, Mega Equipment Co., in the amount of $34,592.57 for the purchase of a backhoe loader with sound proof cab. Notion by Mayor Pro Tem Ware and seconded by Council Member Traverse to approve as recommended prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None Bid Award, Diesel Dump Truck Public Works Manager of Operations and Purchasing Agent recommended award of the bid to the lowest qualified bidder meeting specifications, Dower Buick GMC, in the amount of $30,032.00 for the purchase of one 8-cubic yard diesel dump truck. Motion by Mayor Pro Tem Ware and seconded by Council Member Traverse to approve as recommended prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None < i Contract, Dallas Road Widening, Design Services Director of Public Works recommended approval of authorization for the City Manager to enter into a professional services contract with Freese & Nichols, Inc., for the final design of the Dallas Road widening project in accordance with the revised realignment. Said contract would be a standard professional services contract with the price based on the final construction costs. Current estimated construction costs yield an anticipated fee of approximately $330,000. (11) 08/18/87 1 { r €( k i d Motion by Mayor Pro Tem Ware and seconded by Council Member Traverse to G approve as recommended prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse s Nays: None Resolution, Amending Resolution No. 87-30, Surplus Equipment i Purchasing Agent recommended approval of a resolution amending Resolution No. 87-30, by deleting certain items from the surplus equipment list and by declaring certain equipment as surplus for the auction to be held August 22, 1987. n F ( The caption of the proposed resolution was read for the record. Motion by Mayor Pro Tem Ware and seconded by Council Member Traverse to � approve as recommended prevailed by the ensuing vote: p t Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None RESOLUTION NO. 87-32 A RESOLUTION AMENDING RESOLUTION NO. 87-30 PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 21, 1987, RELATING TO DECLARING CERTAIN PROPERTY AS SURPLUS, BY AMENDING EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE Consideration of the Minutes f City Secretary recommended approval of the minutes of the meetings of August 4, 1987 as published. Motion by Mayor Pro Tem Ware and seconded by Council Member Traverse to approve as recommended prevailed by the ensuing vote: - Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ORDINANCE, RISK MANAGEMENT �. The next item of business was for the City Council to consider a risk management ordinance. s Assistant City Manager Kelvin Knauf noted that part of a self-insurance program includes passage of a risk management ordinance. He then gave an overview of the proposed risk management ordinance that would (1) recognize and support the need for risk management and make it part of the City's overall policies and objectives, (2) include measures aimed at preventing j accidents that create loss, (3) provide for a loss control program and establish chain handling procedures, (4) provides for loss financing, (5) provides for an annual actuarial study, and (6) provides conditions under which the Risk Management Board may authorize payment of claims the City is legally obligated to pay. He reviewed the amounts the Risk Management Board could be authorized to pay. Also reviewed was the Tort Reform Act of 1987 that limits the amounts a City can be sued in Texas State Courts. Mr. Knauf reviewed the possible financing alternatives for the self-insurance program and noted that in FY88, the Insurance Fund proposes to use a combination of cash contributions and commercial insurance. 2' k The caption of the proposed ordinance was read for the record. After deliberation, Council Member Glynn made a motion to adopt the risk management ordinance. The motion was seconded by Mayor Pro Tem Ware and prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None f (12) 08/18/87 I s ORDINANCE NO. 87-51 AN ORDINANCE ESTABLISHING THE CITY'S DEFINED SELF-INSURANCE AND RISK MANAGEMENT PROGRAM; CREATING THE CITY'S RISK MANAGE- MENT BOARD; PROVIDING THE TERMS FOR WITHDRAWALS FROM THE FUND; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY ORDINANCE, OFFICER AND EMPLOYEE LIABILITY PLAN The next item of business was for the City Council to consider an ordinance creating the Officer and Employee Liability Plan for the City. Assistant City Manager Kelvin Knauf noted the proposed ordinance would implement a plan which states the conditions under which the City would defend its officers and employees against claims and/or lawsuits. He reviewed the main areas of importance for the adoption of the Officer and Employee Plan: (1) if City Council adopts the Staff recommendations for self-insuring the workman's compensation and automobile liability coverages, the plan would 8 outline conditions under which the City would defend employee liability claims arising from injured employees or operations of autos while on City business; (2) the current public officials insurance policy is a claims made policy; and Y' (3) if for any reason insurance policies are cancelled, the Officer and Employee Liability Plan becomes the "insurance policy" for the City in defend- ing liability claims. He then reviewed areas that would not be covered under the plan, as well as who would be protected under the plan. F j The caption of the proposed ordinance was read into the record. ` i After brief deliberation, Council Member Spencer made the motion to adopt the ordinance creating the Officer and Employee Liability Plan. The motion was seconded by Council Member Niedermeier prevailed by the following vote: e Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None K ORDINANCE NO. 87-52 AN ORDINANCE CREATING THE OFFICER AND EMPLOYEE LIABILITY PLAN FOR THE CITY; PROVIDING THE TERMS AND PROVISIONS OF THE PLAN; CONTAINING OTHER MATTERS RELATED THERETO; AND DECLARING AN EMERGENCY BID AWARD, INSURANCE The next item of business was for the City Council to consider awarding of insurance bids and take any necessary action. I Assistant City Manager Kelvin Knauf gave a lengthy presention regarding the current and proposed insurance programs. He noted Staff recommendations are based on the coverages provided and the ability to self-insure certain exposures. Bids received, except for auto insurance, worker's compensation and excess/umbrella, were very favorable. Bids received were reviewed by the firm of Tillinghast, Nelson & Warren, and the firm concurred with Staff analysis for self-insuring the auto liability and the worker's compensation. Comments from the Council included advantages to self-insuring and the concern over the self-insuring of worker's compensation. Staff was requested to research the cost of reasonable aggregate stop losses, either by occurence or aggregate for the program year. Mr. Paul Sanders, 1010 Kings Canyon Court, once again stated the Council should give lenghty consideration to the self-insuring of worker's compensation and auto liability and he questioned who will handle claims. After lengthy deliberation, Council Member Glynn made the motion the Staff be x authorized to award the insurance in the amounts covered in the REM from Kelvin Knauf dated September 18, 1987 covering property, general liability, (13) 08/18/87 f. E i E � crime insurance, electronic equipment, physical damage, public officials, law i j enforcement, general liability and law enforcement tail, contractor's equip- ment, and water and radio towers in the amounts stated: COVERAGE COMPANY AGENCY AMOUNT Property Commonwealth Diversified Insurance $17,412 Lloyd's Services a General Liability Nutmeg Diversified Insurance $89,464 (Hartford) Services Crime Insurance Fidelity and Employer's Insurance $ 5,191 Deposit Co. of Texas Electronic U. S. Fire Diversified Insurance $ 1,509 Equipment Services Physical Damage Hartford Diversified Insurance $ 5,977 Indemnity Services Public Officials National Markel Services, Inc. $ 7,635 Casualty Law Enforcement National Markel Services, Inc. $40,065 Casualty General Liability Nutmeg Diversified Insurance $34,906 & Law Enforcement (Hartford) Services Tail Contractor's U. S. Fire Diversified Insurance $ 3,288 Equipment Services Water/Radio Towers U. S. Fire Diversified Insurance $ 7,242 Services The motion was seconded by Council Member Wilbanks and prevailed by the ensuing vote: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None i AUTHORIZE Tn1P,TER MAIN CONSTRUCTION, CROSS CREEK The next item of business was for the City Council to consider approval of the construction of a water main to supply water service to residents on Cross : Creek and take any necessary action. Director of Public Works Jerry Hodge addressed Council that the purpose of the proposed 6" water main installation south along Cross Creek and west along ' Northwest Highway was to tie into the main line at Manor Way in order to supply water service to six residences that have been serviced in the past by a privately owned water well. The water well owner has requested that all users of the well disconnect from his system. Staff recommends that each residence pay the Capital Recovery Fee and Tap Fee in the amount of $795.00 per house. r Following Council deliberation, Mayor Pro Tem Ware made the motion to accept the Staff's recommended plan and charge each resident $795.00 for Capital j Recovery Fee and Tap Fee. The motion was seconded by Council Member Traverse and prevailed as follows: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, & Traverse Nays: Niedermeier DISCUSSION, INDOOR RECREATION CENTER The next item of business was for the City Council to consider the size of an indoor recreation center and take any necessary action. (14) 08/18/87 { { Assistant City Manager Kelvin Knauf reviewed the phases of discussion Staff and the YMCA of Metropolitan Tarrant County: (1) indoor programs the YMCA could offer Grapevine; (2) construction and operation on an indoor recreation center; and (3) contractual arrangement for operation of the center. He then s reviewed the high and low options for construction of a recreation center and the programs that could be offered. K Comments and questions from Council included concern that the Parks Board had not reviewed the proposed plan and if the school gyms are currently utilized to capacity. After deliberation, the concensus of the Council was for the Parks Board and the YMCA representatives to meet and review the plan. Then the Parks Board could make a recommendation to the City Council. There was no formal action j taken by the City Council. DISCUSSION, CONSULTANT STUDY, IOW FLYING AIRCRAFT e The next item of business was for the City Council to consider a consultant study for low flying aircraft over residential areas and take any necessary action. Mayor Powers reported that as a result of the Special Public Forum held on July 27, 1987, the FAA came forward and stated they would fund 75% and request DEW International Airport fund 25% toward a study of the commuter aircraft operations associated with Runway 13R/31L. Concern that if the City is to receive a recommendation that the citizens will have confidence in, the City Council should participate in the determination of the parameters of the a study. Lengthy discussion ensued. Mr. Charles Willis, of Charles Willis & Associates, addressed the Council regarding similar studies his staff has done for other cities. He noted this i would be a unique kind of study because of the unique circumstances involved. ' After deliberations, the concensus of the Council was to direct Mr. Willis to visit with Mr. Gene Faulkner of the FAA regarding the proposed scope of the study and then to report to the Council on August 25, regarding those discussions. No formal action was taken by the City Council. APPODnME iT, CONVENTION & VISITORS BUREAU BOARD The last item of business was for the CityCouncil to consider an appointment PPo j to the Convention & Visitors Bureau Board. i Executive Director of the Convention & Visitors Bureau, Mr. P. W. McCallum, advised the Council that Ms. Lynn Eggers had resigned from the Board. Therefore he recommended that Mr. Don Bigbie be moved from First Alternate to voting membership status. The term would expire in 1988. ' Council Member Wilbanks made the motion to move Mr. Don Bigbie from First Alternate to a voting member status. The motion was seconded by Mayor Pro Tern Ware and prevailed by the following vote: p Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None g Mr. McCallum then recommended Ms. Linda Price be moved from Second Alternate to First Alternate position, the term would expire in 1989. Council Member Wilbanks made the motion to move Ms. Linda Price from Second Alternate to First Alternate. Council Member Spencer offered a second to the motion which prevailed as follows: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None Mr. McCallum then recommended that Mr. Dean Reading be appointed to serve as the Second Alternate, the term would expire in 1988. Council Member Spencer made the motion to appoint Mr. Dean Reading as Second Alternate on the Convention & Visitors Bureau Board. The motion was seconded by Council Member Glynn and prevailed by the following vote: (15) i 08/18/87 a Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse Nays: None ; MISCELLANEOUS REPORTS AND/OR DISCUSSION I Council Member Spencer requested that Staff schedule a presentation to the Council of the proposed Capital Improvements Program before being presented to the public. ADJOURNMENT The deliberations of the City Council having been concluded, Council Member Niedermeier made a motion to adjourn. Council Member Spencer offered a second ) to the motion, which prevailed as follows: Ayes: Powers, Ware, Glynn, Spencer, Wilbanks, Niedermeier, & Traverse l Nays: None I PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of September , 1987. f APPROVED: 04? E s Mayor I ATTEST: Cit_V Secretary A r I (16) MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF AN ORDINANCE STATE OF TEXAS § CITY OF GRAPEVINE § On this the 18th day of August, 1987, the City Council (the "Governing Body") of the City of Grapevine, Texas (the "City"), convened in regular meeting at the regular meeting place thereof, the meeting being open to the public and notice of the meeting giving the date, place and subject thereof having been posted as prescribed by Article 6252-17, Vernon's Annotated Texas Civil Statutes, and the roll was called of the duly constituted officers and members of the Governing Body, which are as follows: Tom Powers, Mayor Shane Wilbanks ) Ted R. Ware, Mayor Pro Tem Sharron Spencer ) Lynn Niedermeier ) Councilmembers Gil Traverse ) Jim Glynn ) and all of such persons were present, except the following absentees: none, thus constituting a quorum. Whereupon, among other business, the following was transacted: a written Ordinance bearing the following caption was introduced: An Ordinance Establishing the City's Defined Self-Insurance and Risk Management Program; Creating the Risk =' Management Board for the City; Providing the Terms for Withdrawals From the Fund Under the Program; Containing Other Provisions Relating to the Subject; and Declaring an Emergency The Ordinance, a full, true and correct copy of which is attached hereto, was read and reviewed by the Governing Body. Upon motion duly made and seconded, the Ordinance was passed and adopted by the following vote: AYES: Unanimous NOES: 0 t ABSTENTIONS: 0 The Presiding Officer then declared the Ordinance passed and approved and signed the same in the presence of the Governing Body. MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT and to correctly reflect the duly constituted officers and members of the Governing Body, r and the attached and following copy of said Ordinance is hereby certified to be a true and correct copy of an official copy thereof on file among the official records of the City, all on this August 18, 1987. Mayor, City of Grapevine, Texas ATTEST: F City Secretary, City oPrapevine, Texas [SEAL] 0415B/1 e ce MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF AN ORDINANCE STATE OF TEXAS § CITY OF GRAPEVINE § On this the 18th day of August, 1987, the City Council (the "Governing Body") of the City of Grapevine, Texas (the "City"), convened in regular meeting at the regular meeting place thereof, the meeting being open to the public and notice of the meeting giving the date, place and subject thereof having been posted as prescribed by Article 6252-17, Vernon's Annotated Texas Civil Statutes, and the roll was called of the duly constituted officers and members of the Governing Body, which are as follows: Tom Powers, Mayor Shane Wilba.nks ) Ted R. Ware, Mayor Pro Tem Sharron Spencer ) Lynn Niedermeier ) Councilmembers Gil Traverse ) Jim Glynn ) and all of such persons were present, except the following absentees: none, thus constituting a quorum. Whereupon, among other business, the following was transacted: a written Ordinance bearing the following caption was introduced: An Ordinance Creating the Officer and Employee Liability Plan for the City; Providing the Terms and Provisions of the 4' Plan; Containing Other Matters Related Thereto; and Declaring an Emergency The Ordinance, a full, true and correct copy of which is attached hereto, was read and reviewed by the Governing Body. Upon motion duly made and seconded, the Ordinance was passed and adopted by the following vote: r; AYES: Unanimous NOES: ABSTENTIONS: The Presiding Officer then declared the Ordinance passed and approved and signed the same in the presence of the Governing Body. MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT and to correctly reflect the duly constituted officers and members of the Governing Body, and the attached and following copy of said Ordinance is hereby certified to be a true and correct copy of an official copy thereof on file among the official records of the City, all on this August 18, 1987. x, Mayor, City of Grapevine, Itmus— ATTEST: Ci y Secretary, ity Grapevine, Texas [SEAL] 0415 H/2 3