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HomeMy WebLinkAbout1980-05-20 Joint Meeting CITY OF GRAPEVINE, TEXAS AGENDA JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING TUESDAY, MAY 20, 1980 AT 7 : 30 P.M. COUNCIL CHAMBERS - 413 MAIN '""'"""" I. CALL TO ORDER II. INVOCATION: Dr. George Clerihew +�r First Baptist Church III. OATH OF OFFICE TO NEWLY APPOINTED PLANNING & ZONING MEMBERS IV. PUBLIC HEARINGS A. City Council and Planning & Zoning Conunission to conduct a public hearing relative to Zoning Application 80-18 submitted by Gibson' s Products Company, Inc. B. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application 80-21 submitted by B. M. Grantland. ' C. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application 80-22 submitted by Unitrek Corporation. D. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning � Application Z80-23 submitted by The Cambridge Companies Development Corporation. �r V. OLD BUSINESS City Council and Planning & Zoning Commission to consider a proposal by Freese & Nichols relative � to updating the City' s Master Plan. VI. END OF JOINT MEETING A. Planning & Zoning Commission to reconvene in the Civic Center to consider further agenda items . B. City Council to remain in session and continue consideration of other published items . IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C. S . , AS AMENDED BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 16TH DAY OF MAY, 1980 �,,,,, AT 3 : 0 0 P.M. ,� City ecr a CITY OF GRAPEVINE, TEXAS AGENDA REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, MAY 20 , 1980 AT 8 :00 P.M. CIVIC CENTER-311 MAIN STREET VII . NEW BUSINESS � � A. Planning & Zoning Commission to consider Zoning Application Z80-18 (Gibson's) and make a �,,,,,, recommendation to the City Council . B. Planning & Zoning Commission to consider Zoning Application Z80-21 (Grantland) and make a recommendation to the City Council . C. Planning & Zoning Commission to consider Zoning Application Z80-22 (Unitrek) and make a recommendation to the City Council. D. Planning & Zoning Commission to conduct a Public Hearing relative to Zoning Application Z80-23 (Cambridge Co. ) and make a recommendation to the City Council . VIII . MINUTES-May 6 , 1980 IX. ADJOURNMENT � i IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S , AS AMENDED BY �r CHAPTER 227, ACTS OF THE 615T LEGISLATURE, REGULAR SESSION, THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 16TH DAY OF MAY, 1980 AT 3 :00 P.M. City Se et y � ;�rr CITY OF GRAPEVINE, TEXAS AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, MAY 20, 1980 AT 8 : 00 P.M. COUNCIL CHAMBERS - 413 MAIN STREET '�"�"" VII. PRESENTATION City Council to present a plaque of appreciation � to David Florence. VII. CITIZENS REQUESTS AND/OR MISCELLANEOUS REPORTS IX. MINUTES - (April 22 & 29 , May 6 & 8 , 1980) X OLD BUSINESS A. City Council to consider the Trinity River Authority Wate� Contract Amendment. B. City Council to consider Texas Power & Light rate increase ordinance, Second Reading. C. City Council to consider awarding the bid for the sale of surplus city vehicles . D. City Council to consider accepting resignations from the Park Board and to make subsequent appointments thereto. �„ E. City Council to consider appointments relative to the Board of Zoning Adjustments . � XI. NEW BUSINESS A. City Council to consider the appointment of a City Health Officer for 1980-81. B. City Council to consider an ordinance providing for Traffic Control Signs . C. City Council to consider a resolution authorizing the City Staff to apply for a grant from the Texas Department of Community Affairs pertaining to improvements to the personnel system. D. City Council to consider setting the date for a public hearing to consider an application to relocate a portable structure. E. City Council to consider an amendment ordinance pertaining to service station permits. F. City Council to consider an application to �,,, construct a service station as submitted by Unitrek Corporation. G. City Council to consider an application to �"' construct a service station as subinitted by the Cambridge Companies Development Corporation. XII. ZONING CASES A. City Council to consider the recommendation of the Planning & Zoning Commission pertaining to Zoning Application Z80-18 (Gibson) and a subsequent ordinance. B. City Council to consider the recommendation of the Planning & Zoning Commission pertaining to Zoning Application Z80-21 (Grantland) and a subsequent ordinance. C. City Council to consider the recommendation of the Planning & Zoning Commission pertaining to Zoning Application Z80-22 (Unitrek) and a �"'" subsequent ordinance. D. City Council to consider the recommendation of w� the Planning & Zoning Commission pertaining to Zoning Application Z80-23 (Cambridge) and a subsequent ordinance. XIII. EXECUTIVE SESSION A. City Council to recess to the Conference Room to discuss pending litigation and personnel matters pursuant to Article 6252-17 , V.A.T.C. S. , Subsections (e) and (g) , Texas Civil Statutes . B. City Council to reconvene in the Council Chambers and take any necessary action relative to pending litigation or personnel matters . XIV. ADJOURNMENT ��� i � 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 THIS THE 16TH DAY OF MAY, 1980 AT 3 : 00 P .M. City ecre r � � 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 joint session on this the 20TH day of May, 1980 at 7: 30 P.M. in the Council Chambers , 413 Main Street, with the following persons `� present to-wit : William D. Tate Mayor '�► Ted R. Ware Mayor Pro Tem Charles Dunn Council Member �. L. Oliver Council Member William Shafer Council Member Aulton Mullendore Council Member Marion Brekken Council Member constituting a quorum with the following members of the Planning & Zonning Commission. Duane Rogers Chairman Ron Cook Member Harlen Joyce Member Sharron Spencer Member Robert Sands Member Harold Anderson Member Gerald Norman Member constituting a quorum with the following members of the City Staff: „�, James L. Hancock City Manager Bill Eisen Assistant City Manager John F. Boyle, Jr. City Attorney �� Shirley Armstrong City Secretary CALL TO ORDER Mayor Tate called the meeting to order. INVOCATION The invocation was delivered by David Whittington, Pastor of Christ our King Independent Methodist Church of Grapevine. OATH OF OFFICE, P&Z MEMBERS The City Secretary then administered the Oath of Office to the following newly appointed members of the Planning & Zoning Commission; Ron Cook; Harlen Joyce, Harold Anderson and Gerald Norman. WELCOME AND INTRODUCTIONS Mayor Tate tl�.en welcomed those in attendance, introduced members of the Planning & Zoning Commission, and explained "�`" the procedure at the joint public hearing . � 05/20/80 PUBLIC HEARING, ZONING APPLICATION Z80-18 GIBSON ' S The first order of business was for the City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z80-18 submitted by Gibson' s Products Company, Inc. Mayor Tate declared the public hearing open and called upon the City Secretary to explain the application. Mrs . Armstrong noted that the request was to change the zoning of 912 West .� Northwest Highway (1.45 acres) from its present zoning of Planned Development to "SP" Specific Use Permit for the storage, retail sale and off premise consumption of alcoholic ;�, beverages (beer only) incidental to the operation of a retail merchandise discount store and other uses as permitted in the "C-2" Community Business District in accordance with a site plan. Mr. Bob Baines , attorney and representative of Gibson ' s , Products Company addressed the Council and advised that the application had originally been submitted with the intent of rezoning two tracts of land, the tract containing the building structure, and the tract now serving as the parking area. He added, however, that the had been unable to date, to obtain authorization signatures from the owners of the parking lot tract. Mr. Baine, therefore, requested that the Public hearing �e recessed until June 17 , 1980 pending the obtaining of the necessary signatures and the subsequent filing of an additional zoning application. There being little discussion, Planning & Zoning Commission Member Ron Cook made a motion to recess the public hearing on Zoning Application Z80-18 until June 17 , 1980 . The motion was seconded by Member Robert Sands and prevailed by ,�x = the following vote: Ayes : Rogers , Cook, Joyce, Spencer, Sands , Andreson and ,;�, Norman. Nays : None Councilman Shafer than made a motion to recess the Council ' s portion of the public hearing until June 17 , 1980. The motion was seconded by May',qr Pro Tem Ware and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore and Brekken Nays : None PUBLIC HEARING, ZONING APPLICATION Z280-21, GRANTLAND The next order of business was for the City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z80-1 submitted by B. M. Grantland. Mayor Tate declared the public hearing open and asked the City Secretary to explain the request. Mrs . Armstrong ''"�"' advised that Mr. Grantland was requesting the zoning of Lots 1 & � Block 1, and Lot 3, Block 3 of Creekwood Subdivision be rezoned from "R-l�� Single Family to "R-2" � Two-Family Dwelling District. 05/20/80 City Manager Jim Hancock then stated that Mr. Grantland had requested the application be withdrawn. There being no discussion, Planning & Zoning Commission Member Harlen Joyce made a motion to accept the withdrawal of Zoning Application Z80-21. The motion was seconded by Member Robert Sands and prevailed by the following vote : � Ayes : Rogers, Cook, Joyce, Spencer, Sands , Anderson & � Norman. Nays : None Mayor Pro Tem Ware then made a motion to accept the with- drawal of Zoning Application Z80-21. The motion was seconded by Councilman Shafer and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore, & Brekken Nays : None PUBLIC HEARING, ZONING APPLICATION Z80-22, UNITREK The next order of business was for the City Council to conduct a public hearing on Zoning Application Z80-22 submitted by Unitrek Corporation. Mayor Tate declared the public hearing open and called upon the City Secretary to explain the application. _; Mrs . Armstrong noted that the applicants were requesting "'""" that the zoning of four tracts of land (hereinafter referred to as Tracts A, B,C, & D) located generally on the � southwest and southeast corners of Mustang Drive and TimbPrli.ne Drive be rezoned as follows : Tract A (The southeast corner of Mustang Drive and Timberline Drive) From "R-2" Two Family Dwelling District to "C-2" Community Business District. Tract B (Adjacent to and South of Tract A) From "R-2" Two Family Dwelling District to "C-1" Neighborhood Business District . Tract C (Adjacent to and South of Tract D)From "R-2" Two-Family Dwelling District to "C-1" Neighborhood Business District . Tract D (The Southwest Corner of Mustang Drive and Timberline Drive) From "R-2" Two Family Dwelling District to "C-2" Community Business District. Mr. Richard Bowles , Vice-President of Unitrek Corporation �"" addressed the Council and gave a brief history of the property in question noting that the property was zoned commercial when purchased, but was then rezoned to "R-2" �,,, in February, 1980 as a result of a zoning application submitted by the City of Grapevine. Mr. Bowles further 05/20/80 stated that it was the intent to construct a convenience store with gasoline service on Tract A, and to develop the remaining tracts in a manner that would be advantageous to, and provide a service for, the rapidly growing neighbor- hood. A lengthy discussion by Members of the Planning & Zoning Commission and City Council followed citing items of concern relative to traffic conjestion, proximity to existing schools , '� and future development. Mayor Tate then asked if there were guests present to speak � for or against the application. Mr. Ron Dyer, Creekwood Estates resident, spoke in opposition to the application citing proposed traffic problems and the now existing commercial zoning on the eastern end of Timberline Drive and Highway 157 . Mr. Larry Lightner, owner of several tracts of land in the area of concern, and former owner of the property in question, spoke in favor of the zoning request stating that large sums of money could be lost as a result of the property being zoned "R-2" and pointed out that great care had been taken to insure that his property was sold to only those who would develop it in a manner that would improve the quality of the neighborhood. The City Secre�ary then read the fol�owi�g �ettez reeei�ed in regard� to the zoning applicati��x�: May 19 , 1980 � ,,�,�,, City of Grapevine ' P . 0. Drawer 307 Grapevine, Texas 76051 � RE: Zoning Application Z80-22 �.��(�er���emen: As an adjoining property owner immediately to the south oft:�e two tracts under consideration by Zoning Application Z80-22, I strongly support the rezoning of these tracts back to the original zoning classification of "Commercial" . The pro- perty was platted, developed and purchased as a commercial tract with commercial zoning and was later changed to duplex. In our opinion, the property is not suitable for duplex uses , and commercial zoning would represent the "highest and best use" for the subject tracts . We therefore strongly encourage the City Council and the Planning and Zoning Commission to reconsider its previous zoning change and to approve this zoning „�,, r eque s t. Sincerely, �`"'` TIMBERLINE DEVELOPMENT CORP. S/George G. Christian President 05/20/80 Following a brief statement by Mr.Bowles , and additional comments by members of the City Council , Planning & Zoning Commission Member Robert Sands made a motion to close the Planning & Zoning Commission' s portion of the public hearing. The motion was seconded by Member Harlen Joyce and prevailed by the following vote: Ayes : Rogers , Sands , Cook, Spencer, Joyce, Anderson & Norman ""�" Nays : None Councilman Mullendore then made a motion that the Council ' s +r�,. portion of the public hearing be closed. The motion was seconded by Councilman Oliver and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None PUBLIC HEARING, ZONING APPLICATION Z80-23 , CAMBRIDGE C0. The next order of business was for the City Council and the Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z80-23 submitted by the Cambridge Companies Development Corporation. Mayor Tate declared the public hearing open and called upon Mrs . Armstrong to explain the application. The City Secretary advised that the applicants were requesting that two tracts of land (hereinafter referred to as tracts A & B) be rezoned �- from "R-3" Multi-family Dwelling District as follows : .,� � Tract A -- To "SP" Specific Use Permit District incidental to the operation of a con- � venience store and gasoline service station and for the storage, retail sale and off premise consumption of alcoholic beverages (beer only) and other uses as permitted in the "C-2" Community Business District Zoning Category. Tract B -- To "C-2" Community Business District or in the alternative any higher zoning that is more restrictive by use or restrictions . - Mrs . Armstrong noted that the general location of the property in question was the Southeast corner of the intersection of Park Boulevard and Dove. Mr. Neal Cukerbaum, Vice-President of the Cambridge Companies Development Corporation then addressed the Council, verified the request as explained by the City Secretary, and offered to answer questions from the Council and Planning & Zoning Couuni s s i on. � The discussion centered primarily around concern for ' pedestrian traffic from a neighboring school and city park � sale of beer and gasoline, storage tanks near a school and �"""" park, anticipated automobile traffic, and future development on Tract B. 05/20/80 Mayor Tate asked if there were guests present to speak for or against the proposed rezoning. Mr. Charles Nunn, 2013 Redwood Trail, Grapevine presented a petition in opposition to the requested zoning on both Tracts A and B. The petition was signed by approximately 350 persons living near the area in question. Mr. Nunn then cited reasons for concern as being increased traffic; convenience store � being an attractive nuisance to children; location near the lake and possible danger of transients ''�" near school and park; an invasion on the proposed church site near by; and concern for gasoline storage tanks near �n area frequented by children. � Mrs . Diane Al1en, resident of Park Place, and Mr. John Bowen, resident of LaPaloma Estates also expressed opposition to the zoning request citing reasons previously stated. The City Secretary then read the following letter into the record: May 19 , 1980 City Council City of Grapevine Grapevine, Texas 76051 Dear Members of City Council: Many people in Grapevineare opposed to the proposed zoning cha�ge on Tract A and Tract B at the southeast corner of Dove Road and Park Boulevard from "R-3" to "SP" Specific Use on Tract A and "C-2" Community t� Business District on Tract B. � � I am opposed to any commercial zoning on this corner because of the heavy traffic problems that already � exist. The "C-2" zoning will create more congestion here. Dove Park, the only swimming pool (public) in Grapevine and Dove Elementary are directly across Dove Road from the site. Children daily walk to and from the school and/or the park. Increased traffic from the proposed commercial strip will add considerably to an already dangerous situation for our children. The convenience food store/gas station aspect of the rezoning request is especially undesirable to me. A similar establishment is already located less than half-a-mile away from the site. The children both . at school and at the park would be running back and forth across Dove Road to buy junk food and canned drinks . Not only would this not be good for them, but it would contribute to a litter problem in the park and at the school. Selling beer at the store could create severe problems in the park and the pool, even though it is illegal to have alcholic ,,,�, beverages there. This law would be difficult to en- force at all times because of the proximity of the store to the park. � E 05/20/80 The convenience store/gas station also offers the potential for becoming the hang-out for neighborhood children who don' t have adequate supervision. This could easily develop into vandalism problems or even drug problems . The whole idea of the commercial strip in this location lacks the atmosphere that has developed in the neighbor- hood. We have a residential community with a park, ""� an elementary school, and soon the First Presbyterian Church. '� Grapevine has a great deal of potential for both residential and commercial development . I oppose neither. But the two do not need to be mixed together anymore that necessary. And this proposed change unnecessarily mixes the two . As a concerned parent and interested citizen, I respectfully ask you to deny the C-2 and Specific Use Zoning change requested for these two tracts of land. Sincerely S/Mrs . Glenn Walters There being little other discussion, Planning & Zoning Commission Member Harlen Joyce made a motion to close their portion of the public hearing. The motion was seconded by Member Harold Anderson and prevailed by the following vote : � ,�.� Ayes : Rogers , Cook Joyce, Spencer, Sands , Anderson & Norman. � Nays : None '� Councilman Shafer then made a motion to close the Council ' s portion of the public mearing. The motion was seconded by Council Member Brekken and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None MASTER PLAN UPDATE The next order of business was for the City Council and Planning & Zoning Commission to consider a proposal by Freese & Nichols relative to updating the City ' s Master Plan. City Manager Jim Hancock gave a brief history explaining that the Planning & Zoning Commission and the City Council had recently authorized the city staff to seek such a proposal . Mr. Craig Farmer, Chief Planner of Freese & Nichols , reviewed the scope of services that would be provided by his firm and noted that the expense of those services would be $27 , 140 . �, City Manager Jim Hancock advised that funds were available. It was decided that the Planning & Zoning Commission would �� consider the proposal during their meeting and make a recommendation to the Council later in the evening. 05/20/80 END OF JOINT PUBLIC HEARING The Planning & Zoning Commission then reconvened in the Civic Center to consider further published agenda items . M��or Tate called a brief recess for the Council and announced that they would reconvene in the Council Chambers . �► RECONVENE Following the recess , Mayor Tate called the Council back ,�,,,r, to order with all members in attendance. PRESENTATION - DAVID FLORENCE Mayor Tate then presented a plaque of appreciation to former Mayor Pro Tem/Councileman David A. Florence. Mayor Tate expressed gratitude for the time and service rendered to the City and congratulated Mr. Florence on his recent appointment as City Judge. MISCELLANEOUS REPORTS Councilman Mullendore announced that a meeting in regard to mass transportation would be held at 7 : 00 p .m. , May 21st, at Colleyville City Hall, and invited all interested persons to attend. MINUTES •► The next order of business was consideration of the Minutes of April 22 and 29 , and May 6 and 8 , 1980 . Councilman f,� Mullendore made a motion to waive the reading of the Minutes "'��" and approve them as published. The motion was seconded by Councilman Ware and prevailed by the following vote: �� Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore, and Brekken Nays : None TRA WATER CONTRACT AMENDMENT The next order of business was for the City Council to consider the Trinity River Authority Water Contract Amend- ment and a resolution relating thereto. The City Secretary read the caption of the proposed re- solution. City Manager Jim Hancock explained the purpose of the contract amendment and recommended approval. A short discussion followed during which members of the Council directed questions to TRA representative, Mr. Warren Brewer. Mayor Pro Tem Ware then made a motion to adopt the resolution. "�°"°' The motion was seconded by Councilman Mullendore and pre- vailed by the following vote: +� Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None 05/20/80 RESOLUTION N0. 80-20 A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDATORY WATER SUPPLY CONTRACT BETWEEN THE CITY OF GRAPEVINE, TEXAS AND THE TRINITY RIVER AUTHORITY OF TEXAS . TEXAS POWER & LIGHT ORDINANCE, RATE INCREASE � The next order of business was for the City Council to consider Texas Power & Light rate increase ordinance No . 80-22, Second wr� Reading. City Manager Jim Hancock explained that the Texas Utilities Commission had discovered an error in their ruling as pub- lished and that the City had received a correction changing the original ruling by the PUC from $83, 371, 920 rate increase (10. 1%) to $81, 876, 078 (10 .05°/0) . The City Attorney recommended that Ordinance 80-22 be repealed and the updated figures be incorporated into an ordinance to be considered on an emergency basis . The City Secretary then read the caption of the proposed ordinance. Councilmari Mullendore -made a motion to adopt the ordinance which included the repeal of Ordinance 80-22. The motion was seconded by Mayor Pro Tem Ware and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None �� ORDINANCE N0. 80-28 AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS POWER & LIGHT COMPANY IN THE CITY OF GRAPEVINE, TEXAS, PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES, AND PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; REPEALING ORDINANCE NUMBER 80-22 AND DECLARING AN EMERGENCY. SURPLUS CITY VEHICLES, BID The next order of business was for the City Council to consider awarding the bid for the sale of surplus city vehicles . Assistant City Manager Bill Eisen advised the Council that one bid had been received from Lee Smart Used Cars , Colleyville, Texas in the amount of $6 , 105 . He then stated that it was the recommendation of the City Staff that the bid be accepted. There being little discussion, Councilman Oliver made a motion � to accept the recommendation of the City Staff and award the bid for the sale of surplus city vehicles to Lee Smart Used Cars in the amount of $6, 105 . The motion was seconded by � Councilman Mullendore and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None ��. �• 05/20/80 RESIGNATIONS & APPOINTMENTS, PARK BOARD The next order of business was for the City Council to consider accepting resignations from the Park Board and to make subsequent appointments thereto . The City Secretary advised that the following persons had �'"" submitted letters of resignation from the Park & Recreation Board: Neal Odle, Tom Walker, Ron Armstrong, Buddy Hall, Fred Handy and Jim Swinney. � Councilman Shafer made a motion that the resignations be accepted. The motion was seconded by Councilman Dunn and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None Mayor Tate advised that nominations were in order to fill the unexpired term (1981) of Neal Odle. Councilman Shafer made a motion to appoint Mike McKinney. The motion was seconded by Mayor Pro Tem Ware and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken � Nays : . None � � � �A Mayor Tate advised that nominations were in order to fill the ����' unexpired term (1981) of Neal Odle. Councilman Shafer made a motion to appoint Mike- McKinney. The motion was seconded � by Mayor Pro Tem Ware and prevailed by the following vote : R ''-��,,, Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None � Councilman Mullendore then made a motion that Donald Callenius be appointed to fill the unexpired term (1981) of Tom Walker. The motion was seconded by Council Member Brekken and pre- vailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken. Nays : None Mayor Pro Tem Ware made a motion to appoint Dorothy Foster to fill the unexpired term (1981) of Ron Armstrong. The motion was seconded by Councilman Mullendore and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None Councilman Dunn made a motion to appoint Jerry Brown to fill the unexpired term (1982) of Buddy Hall . The motion was seconded by Councilman Shafer and prevailed by the following + vote: �,, Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore &Brekken Nays : None Council Member Brekken then made a motion to appoint Margaret '"�'' Bates to fill the unexpire term (1982) of Fred Handy. The motion was seconded by Mayor Pro Tem Ware and prevailed by the following vote: 05/20/80 Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None Councilman Dunn made a motion to appoint Richard Rutledge to fill the unexpired term (1982) of Jim Swinney. The motion was seconded by Councilman Shafer and prevailed by the following vote: � Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None APPOINTMENTS, BOARD OF ZONING ADJUSTMENTS � The next order of business was for the City Council to consider appointments relative to the Board of Zoning Adjustments . Councilman Mullendore explained that during recent appoint- ments , the Council had inadvertently demoted incumbent Board of Zoning Adjustment Member Jesse Woods to an alternate position. He added tht Member Jerry Spencer had expressed a desire to become an alternate member, therefore allowing Mr. Woods to take his place as a full member. Councilman Mullendore then made a motion to appoint Jesse Woods to the full membership position (term expiring 1981) and to appoint Jerry Spencer to the alternate position (term expiring 1982) . The motion was seconded by Councilman Dunn and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None �� CITY HEALTH OFFICER ,,g... The next order of business was for the City Council to consider � the appointment of a City Health Officer for 1980-81 . Councilman Mullendore made a motion that Dr. Sam Gladney be reappointed as City Health Officer for 1980-81. The motion was seconded by Mayor Pro Tem Ted Ware and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None ORDINANCE, TRAFFIC SIGNS The next order of business was for the City Council to consider an ordinance providing for Traffic Control Signs . City Engineer Jim Baddaker advised the Council of the various areas in need of stop signs . � � / � The City Secretary read the caption of the proposed ordinance � 3 / be adopted. The motion was seconded by Councilman Mullendore and prevailed by the following vote: � r� Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore, & Brekken Nays : None � 05/20/80 ORDINANCE N0. 80-29 AN ORDINANCE AMENDING CHAPTER 23, SECTION 30 OF THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS, BY ADDING STOP SIGNS AT CERTAIN LOCATIONS DESCRIBED HEREIN; AUTHORIZING THE ERECTION OF � "� TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES ; PROVIDING A SEVERABILITY CLAUSE; �,. PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. :.�. ZONING APPLICATION Z80-22 The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission pertaining to Zoning Application Z80-22 (Unitrek) and a subsequent ordinance. Planning & Zoning Chairman Duane Rogers advised the Council that the Planning & Zoning Commission had formulated separate recommendations on the four tracts in question as follows : Tract A Recommendation that Tract A be rezoned to "SP" Specific Use Permit for a convenience store, gas pumps , and other uses under the "C-1" Neighborhood business district zoning category. (Vote 5 to 2) . Tract B Recommendation that Tract B be retained as "R-2" Two Family Dwelling District (Vote �� 4 to 3� . � Tract C Recommendation that Tract C be retained '� as "R-2" Two Family Dwelling District (Vote 7 to 0) Tract D Recommendation that Tract D be retained as "R-2" Two Family Dwelling District (Vote 6 to 1) . The City Secretary read the caption of the proposed ordinance relative to Tract A in accordance with the reconnnendation of the Planning & Zoning Commission. During a lengthy discussion, several members of the Council expressed agreement with the recommendation of the Planning & Zoning Commission. The Mayor commented that he had reservations about Commercial Zoning on Mustang Drive and noted that he felt the property in question should be a screening area from Commercial to Residential zoning. He further stated how- e�rer that he felt a need to support the reconunendation of the �ommission. Councilman Ware made a motion to accept the recommendation ,,,� of the Planning & Zoning Commission and adopt the ordinance . The motion was seconded by Councilman Oliver and prevailed by the following vote: �" Ayes : Tate, Ware, Dunn, Shafer, Oliver, Mullendore & Brekken Nays : None 05/20/80 ORDINANCE N0. 80-31 AN ORDINANCE AMENDING ORDINANCE N0. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF ,,�,,, LAND DESCRIBED AS BEING A LOT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE � TIMBERLINE ESTATES SUBDIVISION 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 PROPERTY FROM "R-2" TWO-FAMILY DWELLING DISTRICT TO "SP" SPECIFIC USE PERMIT DISTRICT, INCIDENTAL TO THE OPERATION OF CONVENIENCE STORE AND GAS PUMP FACILITIES, AND OTHER USES AS PERMITTED UNDER THE "C-1" NEIGHBORHOOD BUSINESS DISTRICT ZONING CATEGORY, 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 AMENDMENT THEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. The City Secretary then read the caption of the proposed ordinance in accordance with the requested zoning of "C-1" Neighborhood Business District. Following a short discussion, Councilman Mullendore made a �J motion to deny the recommendation of the Planning & Zoning �- Commission and adopt the ordinance. The motion was seconded by Mayor Pro Tem Ware. �'°` Councilman Oliver proposed an amendment to the motion to approve the ordinance on first reading only. Councilman Mullendore stated that he did not see the need to delay a decision further and respectfully rejected the amendment. Mayor Tate then called for a vote on the motion before the Council and it failed by the following vote: Ayes : Ware, Mullendore and Shafer Nays : Dunn, Oliver, Brekken and Tate The City Attorney reconunended that, even though the ordinance had failed to be adopted, a motion needed to be made to deny the application on Tract B so the record would clearly indi- cate denial of the requested zoning. Councilman Dunn then made a motion to deny the application on Tract B. The motion was seconded by Council Member Brekken and prevailed by the following vote : Ayes : Tate, Dunn, Oliver and Brekken � Nays : Ware, Shafer & Mullendore The City Secretary then read the caption of the proposed �,,, ordinance in accordance with the requested zoning of "C-1" Neighborhood Business District. 05/20/80 Mayor Pro Tem Ware made a motion to accept the recommendation of the Planning & Zoning Commission and that the zoning remain "R-2" Two-Family Dwelling District. The mbtion was seconded by Councilman Mullendore and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None � The City Secretary then read the caption of the proposed ordinance in accordance with the requested zoning "C-2" � Community Business District Zoning. Council Member Brekken made a motion to accept the recommendation of the Planning & Zoning Commission and deny the application. The motion was seconded by Councilman Dunn and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None ZONING APPLICATION Z80-23, CAMBRIDGE The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission per- taining to Zoning Application Z80-23 and a subsequent ordinance. Commission Chairman Duane Rogers advised that the Planning & Zoning Commission had unanimously voted to deny the application on both Tracts A and B. ��, Councilman Oliver made a motion to accept the Recommendation of � .� the Planning & Zoning Conunission and deny the application. The motion was seconded by Councilman Mullendore and prevailed by the following vote: ��� Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None MASTER PLAN UPDATE PROPOSAL The next order of business was for the City Council to consider the recommendation of the Planning & Zoning Commission relative to Freese & Nichols ' proposal to update the City' s Master Plan. Chairman Duane Rogers advised that the Planning & Zoning Commission unanimously recommended approval of the entire proposal as presented. Councilman Dunn made a motion to accept the recommendation of the Planning & Zoning Commission and authorize the contract to be entered into and executed by the Mayor. The motion was seconded by Mayor Pro Tem Ware and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Shafer, Mullendore, Oliver & Brekken Nays : None � PERSONNEL GRANT APPLICATION � The next order of business was for the City Council to consider a resolution authorizing the City Staff to apply for a grant from the Texas Department of Community Affairs pertaining to improve- ments to the personnel system. 05/20/80 Assistant City Manager Bill Eisen made a brief presentation outlining the provisions of the proposed grant. The City Secretary read the caption of the proposed resolution. Councilman Mullendore made a motion to authorize the City Staff to apply for the grant. The motion was seconded by Councilman � Oliver and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken ,�„ Nays : None RESOLUTION N0. 80-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT FROM THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR THE PURPOSE OF RE- VIEWING AND MODIFYING THE CITY OF GRAPEVINE ' S PERSONNEL SYSTEM. PUBLIC HEARING DATE, GOLTZ HOUSE MOVING APPLICATION The next order of business was for the City Council to consider setting the date for a public hearing to consider an application to relocate a portable structure. The City Secretary advised that an application had been submitted by Mr. Wilbur Goltz requesting permission to relocate a portable � 5 building on his property at 418 East Northwest Highway. She ,�� then recommended that the public hearing be set for June 3 , 1980 . ` Councilman Mullendore made a motion to accept the recommendation `"�' of the City Secretary and set the date of the public hearing for June 3, 1980. The motion was seconded by Councilman Shafer and prevailed by the following vote: Ayes : Tate, Ware, Shafer, Dunn, Oliver, Brekken & Mullendore Nays : None ORDINANCE AMENDMENT, SERVICE STATION PERMITS The next order of business was for the City Council to consider an amendment ordinance pertaining to service station permits . The City Attorney explained the need for the amendment and out- lined the contents of the proposed ordinance. Councilman Mullendore commented that he would support the ordinance as written, but added that he would like to see an additional ordinance considered that would address itself to the wholesale aspect. �. The City Secretary read the caption of the proposed ordinance . Councilman Mullendore made a motion that the ordinance be adopted. � The motion was seconded by Councilman Shafer and prevailed by the following vote: 05/20/80 Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None ORDINANCE N0. 80-30 �* AN ORDINANCE OF THE CITY OF GRAPEVINE AMENDING "THE CODE OF ORDINANCES, CITY OF GRAPEVINE" BY AMENDING CHAPTER ELEVEN, FIRE PROTECTION AND y�, PREVENTION, SECTION 11-46 DEALING WITH SERVICE STATION PERMITS BY PROVIDING A DEFINITION OF SERVICE STATIONS AND FLAMMABLE LIQUIDS; TO PROVIDE FOR COMPLIANCE WITH UFC ARTICLES ON FLAMMABLE AND COMBUSTIBLE LIQUIDS AND UFC ARTICLES ON LIQUEFIED PETROLEUM CASES AND STATE OF TEXAS REGULATIONS ON FLAMMABLE LIQUID AND LP GAS DOCKET; PROVIDING A SEVERABILITY CLAUSE ; PROVIDING A PENALTY AND DECLARING AN EMERGENCY. UNITREK SERVICE STATION APPLICATION The next order of business was for the City Council to consider an application to construct a service station as submitted by Unitrek Corporation. Mayor Tate declared the public hearing open. There being little discussion from Members of the Council, Mayor Tate asked if there were guests present to speak for or against the application. There were none. �� Councilman Dunn made a motion to close the Public Hearing. "�`�' The motion was seconded by Mayor Pro Tem Ware and prevailed by the following vote: � Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None Councilman Mullendore then made a motion that the application be approved. The motion was seconded by Councilman Dunn and prevailed by the following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken Nays : None CAMBRIDGE COMPANIES SERVICE STATION APPLICATION The next order of business was for the City Council to consider an application to construct a service station as submitted by The Cambridge Companies Development Corporation. Taking into consideration that the zoning application in regard to this application was denied, Councilman Oliver made a motion that the service station application submitted by the Cambridge Companies Development Corporation also be denied. The motion was seconded by Council Member Brekken and prevailed by the '""�" following vote: Ayes : Tate, Ware, Dunn, Oliver, Shafer, Mullendore & Brekken �"" I�Fays : None 05/20/80 EXECUTIVE SESSION The City Council then recessed to the Conference Room to discuss pending litigation and personnel matters pursuant to Article 6252-17, V.A.T.C. S. , Subsections (e) and (g) , Texas Civil Statutes . �,,, The Council later reconvened in the Council Chambers with all members in attenance. No action was taken in regard to the executive session. ``'�"° ADJOURNMENT There being no further business to come before the Council, Councilman Oliver made a motion to adjourn. The motion was seconded by Council Member Brekken and all in attendance voted aye. PASSED & APPROVED BY �HE CITY C CIL OF THE CITY OF GRAPEVINE, TEXAS on this the `3!e= day of , 1980 .�� ���� Mayor ATTEST : i� APPROVED AS TO FORM � � � City ecre r City Attorney �� ��