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HomeMy WebLinkAbout1992-08-18 Joint Meeting � i AGENDA CITY OF GRAPEVINE, TEXAS ' SPECIAL CITY COUNCIL MEETING s TUESDAY, AUGUST 18, 1992 AT 6:00 P.M. a CONFERENCE ROOM #204 = 307 WEST DALLAS ROAD 4 � � DINNER SERVED AT 5:45 P.M. } CALL TO ORDER EXECUTIVE SESSION ° 1. City Council to conduct a closed session regarding pending or ; contemplated litigation (relative to [A] Dallas/Fort Worth j International Airport Board's decision relative to proposed � � Runway 16/34 West, [B] Park Cities MUD v. City -- Water Rights � Case, [C] City of Coppell, Texas v. City of Grapevine, Texas, '' Cause #88-07621-D, and [D] confer with City Attorney pursuant ; to the Code of Professional Responsibility of the State Bar of Texas on an employment complaint) under amendments to Article i 6252-17, V.A.T.C.S. , Subsection 2 (e) . ; City Council to reconvene in open session and take any a necessary action regarding pending or contemplated litigation (relative to [A] Dallas/Fort Worth International Airport � Board's decision relative to proposed Runway 16/34 West, [B] Park Cities MUD v. City -- Water Rights Case, [C] City of ; Coppell, Texas v. City of Grapevine, Texas, Cause #88-07621-D, � and [D] confer with City Attorney pursuant to the Code of Professional Responsibility) under amendments to Article 6252- 17, V.A.T.C.S. , Subsection 2 (e) . ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE ` SPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 14TH DAY OF AUGUST, 1992 AT 5: 00 P.M. � t Linda Huff # City Secretary ; E � ' i � ; t STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session on this the 18th day of August, 1992 at 6: 00 p.m. in Conference Room #204, 307 West Dallas Road, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Gil Traverse Council Member Jerry L. Pittman Council Member Will Wickman Council Member constituting a quorum, with the following members of the City Staf f: Trent Petty Interim City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the special meeting to order at 6:03 p.m. ITEM lA. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding pending or contemplated litigation (relative to [A] Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West, [B] Park Cities MUD v. City -- Water Rights Case, [C] City of Coppell, Texas v. City of Grapevine, Texas, Cause #88-07621-D, and [D] confer with City Attorney pursuant to the Code of Professional Responsibility of the State Bar of Texas on an employment complaint) under amendments to Article 6252-17, V.A.T.C.S. , Subsection 2 (e) . Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the Executive Session. Interim City Manager Petty reported there was no action necessary regarding pending or contemplated litigation relative to [A] Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West, [B] Park Cities MUD v. City -- Water Rights Case, and [C] City of Coppell, Texas v. City of Grapevine, Texas, Cause #88-07621-D under amendments to Article 6252-17, V.A.T.C.S. , Subsection 2 (e) . In regard to item [D] confer with City Attorney pursuant to the Code of Professional os/is/9a Responsibility of the State Bar of Texas on an employment complaint, Mr. Petty requested authorization for the City Manager and City Attorney to resolve the current employment complaint. Council Member Wilbanks made a motion to authorize the City Manager and City Attorney to resolve the current employment complaint. The motion was seconded by Council Member Spencer and prevailed by the following vote: Ayes . Tate, Ware, Spencer, Wilbanks, Traverse & Pittman Nays . None Absent: Wickman NOTE: City Council continued with the Regular City Council meeting. Council Member Wickman arrived during the Regular City Council meeting. ADJOURNMENT ' Council Member Wilbanks, seconded by Council Member Traverse, made a motion to adjourn at 8 :50 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the lst day of September , 1992 . ' APPROVED: �- � William D. Tate Mayor ATTEST: a Huff City Secretary 2 ' : AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 18, 1992 AT 7: 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD CALL TO ORDER INVOCATION: Commission Member Steve Stamos JOINT PUBLIC HEARINGS 1. City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z92-02 submitted by Mr. John Moore of Westchester Builders, Inc. requesting rezoning of 2.838 acres from "R-TH" Townhouse District Regulations to "PO" Professional Office District Regulations. The property has frontage on Hudgins Street and West College Street. 2 . City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU92-11 submitted by Mr. Robert Lanier requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of . Ordinance No. 82-73, as amended, and requesting a conditional � use permit to allow a studio for the creation of crafts, furniture, and heritage arts which are handmade or handcrafted, that does not exceed 20� of the total floor area. The property is zoned "CBD" Central Business District and is located at 337 South Main Street. 3 . City Council and Planning & Zoning Commission to conduct a public hearing relative to Concept Plan CP92-05 submitted by ` Mr. Al1en Birmingham to amend the concept plan approved with the replat of Lot 1-R, Block 1 of the Oak Knolls Lakeview Addition. The property is zoned "HC" Highway Commercial District Regulations and located at 2101 West Northwest Highway. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Conference Room #204 to consider other published agenda items. �: City Council to remain in session in the Council Chambers to consider business. € D t k ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17 V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE __ REGULAR JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING s AGENDA WAS PREPARED AND POSTED ON THIS THE 14TH DAY OF AUGUST, 1992 � 5 AT 5: 00 P.M. � i a Huff � City Secretary ' i E F ( 9 i f d ! 4 � i } S 4 1 '';� � i � AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 18, 1992 AT 7:30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD � CITIZENS REQUEST x NEW BUSINESS 4 . Consider accepting the bids recommended by the City's $ financial advisor, First Southwest Company, for the sale of $10, 355,000. 00 Waterworks and Sewer System Revenue Refunding Bonds, Series 1992, consideration of an ordinance providing for the issuance and sale of Waterworks and Sewer System Revenue Refunding Bonds, Series 1992 and take any necessary action. 5. Consider a resolution encouraging the establishment of a Luby's Cafeteria within the City and take any necessary action. 6. Consider appointing Planning & Zoning Commissioner Curtis Young to the Historic Preservation Commission and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each � item in accordance with Staff recommendations. 7. Consider second and final reading of Ordinance No. 92-34 relative to granting a ten (10) year telecommunications franchise to GTE Southwest, Inc. Staff recommends approval. 8. Consider a resolution accepting the 1992 certified tax roll in the amount of $2,440, 567, 562 . 00 plus an additional $15,467, 111. 00 in property value pending disposition before the Appraisal Review Board for a total appraised value of $2,456, 034, 673 . 00. Finance Director recommends approval. x � 9. Consider a resolution setting a public hearing for � September 1, 1992 relative to the effective tax rate. Finance Director recommends approval. ; 10. Consider authorizing the Interim City Manager to issue a Hold Harmless Agreement with Burger Street for the use of property at 120 and 122 South Main Street on September 11-13, 1992 during the GrapeFest Celebration. Staff recommends approval. il. Consider an ordinance amending the Grapevine Code of Ordinances Chapter 23 Traffic, Section 23-30 Stop Intersections relative to West Wall Street at Crestview Drive. Public Works Director recommends approval. 12 . Consider an ordinance amending the Grapevine Code of Ordinances Chapter 23 Traffic, Section 23-63 No Parking Zones; Restricted Parking Zones relative to Hall-Johnson Road between State Highway 121 and Heritage Avenue. Public Works Director recommends approval. 13 . Consider an ordinance amending the Grapevine Code of Ordinances Appendix "C" Avigation Release to correct ' inconsistencies in Exhibit A of the Appendix. Public Works Director recommends approval. 14. Consider approval of an amendment to the design contract with Freese and Nichols, Inc. in the amount of $5,800. 00 for the design of the South Minter's Chapel Road/Industrial Boulevard Construction Project. Public Works Director recommends � approval. 15. Consider awarding the South Minter's Chapel Road/Industrial Boulevard Reconstruction Project to the low bidder, Tiseo Paving Company, in an amount of $670,740.70. Public Works Director recommends approval. 16. Consider award of Bid 92-377 Greens and Tee Seed Mix to the lowest and best bidders meeting specifications, Sports Turf Supply and BWI-Dallas Fort Worth. Staff recommends approval. 17. Consider a resolution authorizing an addendum agreement to the lease between the City and Trinity Industries, Inc. for athletic fields on Dallas Road. Parks & Recreation Director recommends approval. 18. Consider awarding an engineering services contract to Freese and Nichols, Inc. in an amount not exceed $35, 000. 00 for Wastewater Treatment Plant Permit Renewal Assistance. Staff recommends approval. 19. Consider approval of the minutes of the August 4, 1992 City Council meetings. City Secretary recommends approval as r published. ; PLANNING & ZONING COMMISSION RECOMMENDATIONS 20. Consider the recommendation of the Planning & Zoning y Commission relative to Zoning Application Z92-02 (Moore/Westchester Builders, Inc. ) and a subsequent ordinance, if applicable. 21. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU92-11 (Lanier) and a subsequent ordinance, if applicable. 22 . Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1 of the Allred Addition and take any necessary action. ' 23 . Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1 of the Grapevine Regional Industrial Park and take any necessary action. PURSUANT TO THE TEXAS OPEN MEETINGS ACT, VERNON'S TEXAS CIVIL STATUTES, ARTICLE 6252-17, ONE OR MORE OF THE ABOVE ITEMS MAY BE CONSIDERED IN EXECUTIVE SESSION CLOSED TO THE PUBLIC. ANY DECISION s HELD ON SUCH MATTER WILL BE TAKEN OR CONDUCTED IN OPEN SESSION FOLLOWING THE CONCLUSION OF THE EXECUTIVE SESSION. MISCELLANEOUS REPORTS AND/OR DISCUSSION ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY j CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 14TH DAY OF AUGUST, 1992 AT 5: 00 P.M. Li da Huff City Secretary ; �� � � � AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 18, 1992 AT 7 :30 P.M. CONFERENCE ROOM #204 307 WEST DALLAS ROAD NEW BUSINESS t 1. Consider Zoning Application Z92-02 (Moore/Westchester Builders, Inc. ) and make a recommendation to the City Council. ; � ; � 2 . Consider Conditional Use Application CU92-11 (Lanier) and make � a recommendation to the City Council. 3 . Consider Concept Plan CP92-05 (Birmingham) and make a recommendation to the City Council. 4. Consider the final plat of Lot 1, Block 1 of the Allred :; Addition and make a recommendation to the City Council. ; $ 5. Consider the final plat of Lot 1, Block 1 of the Grapevine Regional Industrial Park and make a recommendation to the City a Council. � � CONSIDERATION OF THE MINUTES ' ; 6. Consider approval of the minutes of the July 21, 1992 Planning ' & Zoning Commission meeting. , MISCELLANEOUS REPORTS AND/OR DISCUSSION � ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY � = CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED � AND POSTED ON THIS THE 14TH DAY OF AUGUST, 1992 AT 5: 00 P.M. � n Huff City Secretary :� STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 18th day of August, 1992 at 7: 30 p.m. in the Council Chambers, Municipal ' Court Room #205, 307 West Dallas Road, with the following Council Members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Gil Traverse Council Member Jerry L. Pittman Council Member Will Wickman Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Ron Cook Chairman Larry Oliver Vice Chairman Cathy Martin Member Curtis Young Member Darlene Freed Member Steve Stamos Member Marvin Balvin Member constituting a quorum, with the following members of the City Staf f: Trent Petty Interim City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7 : 30 p.m. INVOCATION Commissioner Stamos delivered the Invocation. os/ss/9a ITEM 1 PUBLIC HEARING ZONING APPLICATION Z92-02 MR. JOHN MOORE/WESTCHESTER BUILDERS Mayor Tate declared the public hearing open. Planner Marcy Ratcliff advised Zoning Application Z92-02 had been submitted by Mr. John Moore of Westchester Builders requesting rezoning of 2 .838 acres from "R-TH" Townhouse District Regulations to "PO" Professional Office District Regulations. The property has 305 feet of frontage along West College Street and 306 feet of frontage along Hudgins Street. Ms. Ratcliff stated the concept plan submitted shows a proposed 4, 675 square foot building and future expansion area. The maximum building height may not exceed two (2) stories or 30 feet and 35 parking spaces are proposed with the initial development. Mr. John Moore addressed the City Council and Planning & Zoning Commission requesting favorable consideration of the zoning application. Brief discussion ensued relative to the parking lot and possible access to the property from Hudgins Street. Mayor Tate invited guests present to comment regarding the zoning application. Mr. Harlan Jewett, 721 West College Street, expressed support for the zoning change and requested the trees and small , lake on the southeast corner of the lot be preserved, if possible. _ The City Secretary stated letters supporting the rezoning were submitted by Mr. & Mrs. Harlan Jewett, 721 West College Street and Mr. Glenn B. O'Neal, 649 West Hudgins Street. Commissioner Freed, seconded by Commissioner Young, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Cook, Oliver, Martin, Young, Freed, Stamos & Balvin . Nays: None Council Member Wilbanks, seconded by Council Member Traverse, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes . Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays . None Abstain: Pittman ITEM__2 . PUBLIC HEARING. CONDITIONAL USE APPLICATION CU92-11 MR. ROBERT LANIER DBA THE GRAPEVINE WOOD SHOP Mayor Tate declared the public hearing open. Planner Marcy Ratcliff advised Conditional Use Application CU92-11 had been submitted by Mr. Robert Lanier dba The Grapevine Wood Shop requesting a waiver to specific requirements of Section 47E. 2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to allow a studio for the 2 os/is/9a creation of crafts, furniture, and heritage arts which are handmade or handcrafted that does not exceed 20� of the total floor area of The Grapevine Wood Shop. The subject property is located at 337 South Main Street and is zoned "CBD" Central Business District. The site plan submitted depicts 3,727. 29 square feet dedicated to retail sales and accessory uses, with 929.52 square feet for the studio area to create crafts, furniture and heritage arts. The studio area contains 19.9� of the total floor area. Mr. Robert Lanier presented slides showing the equipment to be utilized in the shop and requested favorable consideration of the conditional use application. There were no questions from the City Council and the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the conditional use application. No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Stamos, offered a motion to close the public hearing. The motion prevailed by the ' following vote: Ayes: Cook, Oliver, Martin, Young, Freed, Stamos & Balvin Nays: None Mayor Pro Tem Ware, seconded by Council Member Traverse, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 3 PUBLIC HEARING. CONCEPT PLAN CP92-05, LOT 1-R, BLOCK L, OAK KNOLLS ADDITION Mayor Tate declared the public hearing open. Planner Marcy Ratcliff advised Concept Plan CP92-05 had been submitted by Mr. Allen Birmingham to amend the concept plan approved with the replat of Lot 1-R, Block L of the Oak Knolls Lakeview Addition. The applicant is requesting to use the existing 3, 000 square foot building as a dry cleaners and proposed a new 3, 600 square foot building. The property located at 2101 West Northwest Highway is zoned "HC" Highway Commercial District Regulations. Ms. Ratcliff advised the concept plan does not meet the 25' front yard landscape requirements. The Board of Zoning Adjustments will consider the requested variances on August 31, 1992 and the City Council will consider the concept plan amendment on September 1, 1992, after a recommendation from the Planning & Zoning Commission. Mr. Allen Birmingham requested favorable consideration of the amendment to the concept plan. There was brief City Council and Planning & Zoning Commission discussion regarding the number of 3 os/is/9a : parking spaces and type of outside building materials. Council Member Pittman questioned the applicant regarding delinquent taxes ' owed the City. Mr. Birmingham stated he would check into the matter and take care of any taxes due. Mayor Tate invited guests present to comment regarding the proposed amendment to the concept plan. No one wished to speak and there was no correspondence to report. Commissioner Oliver, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: : Ayes . Cook, Oliver, Martin, Young, Freed & Stamos Nays . None . Abstain: Balvin Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None END OF JOINT PUBLIC HEARINGS Mayor Tate announced the Planning & Zoning Commission would recess to Conference Room #204 to deliberate published business. The City Council remained in session to consider published business. ITEM 3A. CITIZENS REQUEST, MR. J. R. ZENGLER Mr. J. R. Zengler, 914 Hummingbird, voiced his opposition regarding the increased GTE franchise fee as he does not believe justification was provided by Staff for the increase. He requested any additional franchise fee increases be justified by Staff and material made available for citizens' review. He also expressed his opposition to the increase in taxes by the Grapevine/Colleyville Independent School District and requested the City Council consider salary increases for the City Staff. ITEM 4 . ORDINANCE, AUTHORIZING WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS Finance Director Larry Koonce introduced Mr. Harold McInroe, of First Southwest Company, who presented the results of the refunding of certain callable portions of the Series 1985 and Series 1988 City of Grapevine Waterworks and Sewer System Revenue Bonds. The savings on the refunding totaled $687, 061. 50 in current dollars and $454, 020.27 in present value dollars discounted at the bond rate. The savings ranged from approximately $34, 000. 00 to $42 , 000. 00 annually and are net of all expenses of the refunding. Mr. McInroe 4 os/is/9a announced that Standard & Poor's Corporation raised the rating on the revenue bonds from "A-" to "A" . Mr. McInroe recommended the Council accept the bid from, and award the bonds to, the underwriting group headed by Rauscher Pierce Refsnes, Inc. for the sale of $10,435, 000. 00 Waterworks and Sewer System Revenue Refunding Bonds, Series 1992 . Council Member Pittman, seconded by Council Member Wilbanks, made a motion to accept the bid, approve the bond ordinance and offering statement to Rauscher Pierce Refsnes, Inc. as recommended by Staff. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ORDINANCE NO. 92-43 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF GRAPEVINE, TEXAS WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 1992, IN THE AGGREGATE PRINCIPAL AMOUNT OF $10,435, 000; APPROVING A PURCHASE CONTRACT AND AN ESCROW AGREEMENT IN CONNECTION THEREWITH; MAKING PROVISIONS FOR THE PAYMENT AND SECURITY OF SUCH OBLIGATIONS; ENACTING OTHER PROVISIONS INCIDENT AND RELATED THERETO; AND DECLARING AN EMERGENCY ITEM 5 RESOLUTION ENCOURAGE DEVELOPMENT OF LUBY'S CAFETERIA NOTE: In order to execute Bond documents, Mayor Tate turned the meeting over to Mayor Pro Tem Ware. Community Development Director H. T. Hardy recommended approval of a resolution encouraging the development of Luby's Cafeteria in the City. He reported Luby's had closed on the site on the Town Center Addition and plans to begin construction in the fall. Mr. Sonny Rhodes, representing the Grapevine Chamber of Commerce, addressed the City Council expressing appreciation to the City Council for their continued support for development and economic growth in the area. He stated representatives from the City plan to hand deliver the resolution to Luby's in San Antonio. Council Member Spencer, seconded by Council Member Traverse, made a motion to adopt the resolution. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None 5 os/is/92 RESOLUTION NO. 92-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ENDORSING AND SUPPORTING THE ESTABLISHMENT OF A LUBY'S CAFETERIA WITHIN THE CITY OF GRAPEVINE AND DECLARING AN EFFECTIVE DATE ITEM 6. HISTORIC PRESERVATION COMMISSION APPOINTMENT Community Development Director H. T. Hardy reported the Planning & Zoning Commission's recommendation that Commissioner Curtis Young be appointed as liaison to the Historic Preservation Commission. Council Member Pittman, seconded by Council Member Wilbanks, made a motion to accept the Commission's recommendation and appoint Commissioner Young to the Historic Preservation Commission. The motion prevailed by the following vote: : Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate CONSENT AGENDA The next order of business was for the City Council to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. Council Member Pittman removed Item 16 Award Bid 92-377 Greens and Tee Seed Mix. Item 7. Ordinance, Final Reading, Franchise GTE Southwest, Inc. Staff recommended approval of the second and final reading of Ordinance No. 92-34 relative to granting a ten (10) year telecommunications franchise to GTE Southwest, Inc. City Secretary Linda Huff read the caption into the record. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate 6 os/is/9a ORDINANCE N0. 92-34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DEFINING TERMS� REQUIRING THE PAYMENT OF STREET RENTAL CHARGES FOR THE USE OF THE STREETS, ALLEYS, HIGHWAYS, PUBLIC THOROUGHFARES, PUBLIC UTILITY EASEMENTS AND PUBLIC WAYS OF THE CITY OF GRAPEVINE, TEXAS BY TELEPHONE COMPANIES TO PROVIDE TELECOMMUNICATION SERVICES; PROVIDING THE , TERM; PROVIDING CONDITIONS OF SUCH USAGE; FINDING SUCH STREET RENTAL CHARGES TO BE REASONABLE; PROVIDING FOR AUDIT AND INFORMATION; PROVIDING FOR ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INDEMNIFICATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN ' EFFECTIVE DATE ' Item 8. Resolution, Accept Certified Tax Roll Finance Director recommended approval of a resolution accepting the 1992 certified tax roll in the amount of $2 ,440,567,562 . 00 plus an additional $15, 467, 111. 00 in property value pending disposition before the Appraisal Review Board for a total appraised value of $2,456, 034, 673 . 00. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate ' RESOLUTION NO. 92-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING THE TAX ROLL FOR 1992 ON PROPERTY WITHIN THE CITY AND PROVIDING AN EFFECTIVE DATE Item 9 Resolution, Set Public Hearing, Tax Rate Finance Director recommended approval of a resolution setting a public hearing for September 1, 1992 relative to the effective tax rate. The City has proposed a tax rate not to exceed $.4250 per $100. 00 valuation. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: 7 oa/is/9a Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate RESOLUTION NO. 92-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS PASSED PURSUANT TO SECTION 26. 04, SECTION 26. 05 AND SECTION 26. 06 OF THE PROPERTY TAX CODE OF THE STATE OF TEXAS, APPROVING A PROPOSAL TO INCREASE PROPERTY TAXES; CALLING A PUBLIC HEARING; DIRECTING THAT NOTICE BE GIVEN IN ACCORDANCE WITH THE PROPERTY TAX CODE AND PROVIDING AN EFFECTIVE DATE Item 10. Hold Harmless Agreement, Burqer Street, GrapeFest Celebration Staff recommended approval for the Interim City Manager to issue a Hold Harmless Agreement with Burger Street for the use of property at 120 and 122 South Main Street on September 11-13, 1992 during the GrapeFest Celebration. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: : Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate Item 11. Ordinancel Amend Chapter 23 Traffic Staff recommended approval of an ordinance amending the Grapevine ; Code of Ordinances Chapter 23 Traffic, Section 23-30 Stop Intersections relative to West Wall Street at Crestview Drive. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate ORDINANCE NO. 92-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23, SECTION 23-30 RELATIVE TO STOP INTERSECTIONS; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE 8 os/is/92 SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 12 . Ordinance, Amend Chapter 23 Traffic ' Staff recommended approval of an ordinance amending the Grapevine , Code of Ordinances Chapter 23 Traffic, Section 23-63 No Parking Zones; Restricted Parkinq Zones relative to Hall-Johnson Road between State Highway 121 and Heritage Avenue. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: , Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman ' Nays . None Abstain: Tate ORDINANCE NO. 92-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23, SECTION 23-63 RELATIVE TO NO PARKING ZONES; RESTRICTED PARKING ZONES; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 13 Ordinance, Amend Appendix "C" Avigation Release Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances Appendix "C" Avigation Release to correct inconsistences in Exhibit A of the Appendix. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate 9 os/is/9a ORDINANCE NO. 92-46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING APPENDIX "C" OF THE CODE OF ORDINANCES (ORDINANCE NO. 78-2) TO . CORRECT INCONSISTENCIES IN EXHIBIT "A" OF THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 14 . Amend Design Services Contract, South Minter's Chapel , Road/Industrial Boulevard Reconstruction Project, Freese and Nichols, Inc. Public Works Director recommended approval of an amendment to the design contract with Freese and Nichols, Inc. in the amount of $5,800. 00 for the design of the South Minter's Chapel ; Road/Industrial Boulevard Reconstruction Project. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate Item 15. Award Contract, South Minter's Chapel RoadJIndustrial Boulevard Reconstruction Project, Tiseo Pavin� Company Public Works Director recommended awarding the contract for the South Minter's Chapel Road/Industrial Boulevard Reconstruction Project to the low bidder, Tiseo Paving Company, in the amount of $670,740.70. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate ITEM 16. AWARD BID 92-377 GREENS AND TEE SEED MIX This item was discussed after Item 19 . Staff recommended award of Bid 92-377 Greens and Tee Seed Mix to the lowest and best bidders meeting specifications as follows: Sports Turf Supply for Item 1 and BWI-Dallas Fort Worth for Item 2. Following brief discussion regarding the condition of the greens, motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: 10 os/is/9a Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate Item 17. Resolution, Dallas Road Soccer Fields, Addendum Aareement, Trinity Industries Parks & Recreation Director recommended approval of a resolution authorizing an addendum agreement to the lease between the City and Trinity Industries, Inc. for athletic fields on Dallas Road. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate RESOLUTION NO. 92-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE MAYOR TO ENTER INTO AN ADDENDUM AGREEMENT TO THE ORIGINAL LEASE ENTERED INTO ON THE 18TH DAY OF AUGUST 1987 BETWEEN TRINITY INDUSTRIES, INC. AND THE CITY FOR ATHLETIC FIELDS; AND PROVIDING FOR AN EFFECTIVE DATE Item 18 EnaineerinctServices Contract, Wastewater Treatment Plant Permit Renewal Assistance, Freese and Nichols, Inc. Public Works Director recommended awarding the Engineering Services Contract to Freese and Nichols, Inc. in an amount not to exceed $35, 000. 00 for the Wastewater Treatment Plant Permit Renewal Assistance. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate Item 19. Consideration of Minutes City Secretary recommended approval of the August 4, 1992 City Council meetings as published. Motion by Council Member Traverse, seconded by Council Member Pittman, to approve as recommended prevailed by the following vote: 11 � 08/18/92 Ayes . Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays . None Abstain: Tate NOTE: After executing bond documents, Mayor Tate resumed his duties. RECESS AND RECONVENE Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the City Council Chambers, all members of the City Council were present. ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z92-02 , MR. JOHN MOORE/WESTCHESTER BUILDERS, INC. Commission Chairman Ron Cook reported the Commission voted 6-1 to approve Zoning Application Z92-02 filed by Mr. John Moore of Westchester Builders, Inc. to rezone 2 . 838 acres from "R-TH" Townhouse District Regulations to "PO" Professional Office District Regulations. The property is located on Hudgins Street and West : College Street. Mayor Pro Tem Ware, seconded by Council Member Wickman, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes . Tate, Ware, Spencer, Wilbanks, Traverse & Wickman Nays . None Abstain: Pittman ORDINANCE NO. 92-47 AN ORDINANCE AMENDING ORDINANCE NO. 82-73 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z92-02 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 2 . 838 ACRE TRACT OF LAND IN THE A. FOSTER SURVEY, ABSTRACT NO. 518 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-TH" TOWNHOUSE DISTRICT REGULATIONS TO "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; 12 os/is/9a 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 OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2, 000. 00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU92-11 MR. ROBERT LP.NIER/THE GRAPEVINE WOOD SHOP Commission Chairman Cook reported the Commission voted 7-0 for approval of Conditional Use Application CU92-11 submitted by Mr. Robert Lanier granting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended and granting a conditional use permit to allow a studio for the creation of crafts, furniture, and heritage arts which are handmade or handcrafted that does not exceed 20� of the total floor area. The property is located at 337 South Main Street and is zoned "CBD" Central Business District. Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use application. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ORDINANCE NO. 92-48 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" OF THE CITY CODE, BY: (1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE N0. 82-73; (2) GRANTING CONDITIONAL USE PERMIT CU92-11 FOR A STUDIO FOR THE CREATION OF CRAFTS, FURNITURE AND HERITAGE ARTS WHICH ARE HANDMADE OR HANDCRAFTED, THAT DOES NOT EXCEED TWENTY PERCENT OF THE TOTAL FLOOR AREA OF PERMITTED USES LISTED IN SECTION 28.A. OF THE ZONING ORDINANCE, IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS 13 08/18/92 IMPOSED HEREIN; 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 THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2, 000. 00j AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE . ITEM 22 . PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 1, BLOCK 1, ALLRED ADDITION Chairman Cook reported the Commission voted 7-0 to approve the ; final plat of Lot 1, Block 1 of the Allred Addition located at the . northwest corner of Ball Street and West Texas Street. The . 2845 acre tract is being platted to construct a new single family residence on a lot that previously had a single family residence on it but had never been platted. Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a : motion to accept the Commission's recommendation and approve the final plat. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 23 . PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, LOT 1, BLOCK 1, GRAPEVINE REGIONAL INDUSTRIAL PARK Chairman Cook reported the Commission voted 7-0 to approve the final plat of Lot 1, Block 1 of the Grapevine Regional Industrial Park located in the northwest corner of the intersection of State Highway 114 and Ira E. Woods Avenue. The 1.873 acre property is being platted to develop the first lot of an industrial park. Council Member Traverse, seconded by Council Member Wilbanks, offered a motion to accept the Commission�s recommendation and approve the final plat. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None MISCELLANEOUS REPORTS AND�OR DISCUSSION ITEM 24. DELINQUENT TAXES " 14 os/1s/92 Council Member Pittman requested authorization to meet with the City�s tax attorney and City Manager regarding delinquent taxes. The consensus of the Council was approval for Council Member Pittman to conduct the meeting. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Traverse, made a motion to adjourn at 8: 50 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the lst day of September � 1992 • APPROVED: � � William D. Tate Mayor ATTEST: Li a Huff City Secretary 15 I�TINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF AN ORDINANCE � � THE STATE OF TEXAS § COLTNTTFS OF TARRANT AND DALLAS § , CTTY OF GRAPEVINE § On this the 18th day of September, 1992, the City Council of the City of Grapevine, Texas, convened in Regular Session at the regular meeting place thereof, the meeting being open to the public and notice of said meeting, giving the date, place and subject thereof, having been posted as prescn'bed by Article 6252-17,V.AT.C.S., and the roll was called of the duly constituted officers and members of the City Council, which officers and members are as follows: William D. Tate Mayor Ted R. Ware Mayor Pro Tem C. Shane Wilbanks Councilmember Sharron Spencer Councilmember Will Wickman Councilmember Jerry Pittman Councilmember Gil Traverse Councilmember and all of said persons were present, except the following absentees: NnnP . thus constituting a quorum. Whereupon, among other business, a written Ordinance bearing the following caption was introduced: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CTTY OF GRAPEVINE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 1992, IN THE AGGREGATE PRINCIPAL AMOUNT OF$10,435,000;APPROVING A PURCHASE CONTRACT AND AN ESCROW AGREEMENT IN CONNECTION THEREWI1�i; MAKING PROVISION FOR THE PAYMENT AND SECURITY OF SUCH OBLIGATIONS; ENACTTNG PROVISIONS INCIDENT AND RELATED TO THE PURPOSES AND SUBJECT OF THIS ORDINANCE;AND I�ECLARING AN EMERGENCY The Ordinance, a full, true and conect copy of which is attached hereto, was read and reviewed by the City Council. Thereupon, it was duly moved and seconded that the ordinance b� c��l���. �� ���x��a�oy . measure and that the charter rule prohibiting the passage of an ordinance on t�ie s�a��c���c���1u�1� it was introduced be suspended. The Presiding Officer put the motion to a eot� c�f th� ���b�� c�f the City Council, and the motion was carried by the following vote: AYES: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman NOES: None ABSTENTIONS: None BAB-HBBF.082-2 Thereupon, it was duly moved and seconded that the Ordinance be finally passed and adopted. The Presiding Officer put the motion to a vote of the members of the City Council, and the Ordinance was finally passed and adopted by the following vote: A�= Tate, Ware, Spencer, Wilbnks, Traverse, Pittman & Wickman NOFS: None ABSTENTTONS: None The Presiding Officer then declared the Ordinance passed and approved,and signed the same in the presence of the City Council. MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, and to correctly reflect the duly constituted officers and members of the City Council of said City, 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 the 18th day of August, i�n. �.ti c���g D�-t-e_. s I 6 se�{- Mayor, City of Grapevine, Texas ATTEST: a, Ci Secretary, City rapevine, Texas [SEAL] Bns-t�aF.os2-z -2-