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HomeMy WebLinkAbout1990-08-21 Joint Meetingi � �g 3 i € t � � AGENDA � CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING � r TUESDAY, AUGUST 21 , 1990 AT 6 :00 P.M. CONFERENCE ROOM #204 307 WEST DALLAS ROAD CITY COUNCIL TO BE SERVED DINNER AT 6 : 00 P.M. s � E CALL TO ORDER EXECUTIVE SESSION � 1 . City Council to conduct a closed session relative to contemplated litigation (relative to Dallas/Fort Worth Inter- national Airport Board' s decision relative to proposed Runway 16/34 West) under amendments to Article 6252-17 , V.A.T.C.S. , Subsection 2 (e) . City Council to reconvene in open session and take any necessary action relative to contemplated litigation (relative to Dallas/Fort Worth International Airport Board' s decision relative to proposed Runway 16/34 West) 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 17TH DAY OF AUGUST, 1990 AT 5 : 00 P.M. � Lind Huff City Secretary � � i; 1 k' E- F , I. STATE OF TEXAS COUNTY OF TARRANT "' CITY OF GRAPEVINE j` ' [` ; The City Council of the City of Grapevine, Texas met in Special E Session on this the 21st day of August, 1990 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 � � Gil Traverse Council Member ;! Jerry L. Pittman Council Member �` ; Will Wickman Council Member r f'. � constituting a quorum, with Council Member C. Shane Wilbanks ' absent, with the following members of the City Staff: Mark S. Watson 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 :20 p.m. � � � � EXECUTIVE SESSION � a Mayor Tate announced the City Council would conduct a closed � session relative to contemplated litigation (relative to � Dallas/Fort Worth International Airport Board' s decision relative to proposed Runway 16/34 West) to Article 6252-17 V.A.T.C.S. , €' � Subsection 2 (e) . � R Upon reconvening in open session, all members of the City Council p were present. City Manager Mark S. Watson announced there was no � contem lated liti ation relative to action necessar relative to ( Y P g Dallas/Fort Worth International Airport Board' s decision relative � to proposed Runway 16/34 West) to Article 6252-17 V.A.T.C. S. , � Subsection 2 (e) . � r E ADJOURNMENT � € Council Member Pittman, seconded by Mayor Pro Tem Ware, offered a � motion to adjourn the meeting at 7 : 16 p.m. The motion prevailed � by the following vote: � r . Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None � Absent: Wilbanks � �. l: � P k PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, � TEXAS on this the 4th day of September , 1990 . � � P: APPROVED: � s � � � r r C William D. Tate � Mayor � � f E t � l � k; � 1¢ k ,�.��.� ��..�,..�� .w,,.m�� .....,�,� s:� �� ` � 0 a� ,.,. � � �., � a N � � � � ��-1 � 4-I f� � � U •• x v � � � � w ro � H � .� H �rI �r-i � a � i � � � AGENDA � ' CITY OF GRAPEVINE, TEXAS � ; REGULAR JOINT CITY COUNCIL & � PLANNING & ZONING COMMISSION MEETING � TUESDAY, AUGUST 21 , 1990 AT 7 : 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 � 307 WEST DALLAS ROAD � � � CALL TO ORDER � � 1 i � = INVOCATION: Commission Member Cathy Martin � € � � JOINT PUBLIC HEARINGS � '" l . City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z90-05 submitted ' by Yandell & Hiller Incorporated requesting rezoning of r 1 .068 acres from "PO" Professional Office District Requlations ' to "CC" Community Commercial District Regulations. The subject property is located at the southeast corner of Wall Street and the frontage road of State Highway 114 , south of the intersection of Wall Street and Park Boulevard extension. 4 2 . City Council and Planning & Zoning Commission to conduct a ' public hearing relative to Conditional Use Application CU90-11 submitted by Yandell & Hiller Incorporated requesting a waiver to specific requirements of Section 47E.2 of Comprehensive Zoning Ordinance No. 82-73 , as amended, and requesting a conditional use permit for gasoline sales, car wash, and the possession, storage, retail sale, and off-premise consumption of alcoholic beverages (beer only) in conjunction with the operation of a service station/convenience store in a district with a zone change request to "CC" Community Commercial District Regulations. The .0977 acre tract is located at the southeast corner of Wall Street and the frontage Road of State Highway 114 , south of the intersection of Wall Street and Park Boulevard extension. 3 . City Council and Planning & Zoning Commission to conduct a public hearing relative to Zoning Application Z90-07 submitted by the David Bagwell Company requesting rezoning of 13 . 319 acres from "R-20" Single-Family District Regulations to "R-7 .5" Single-Family District Regulations. The subject property is located west of the intersection of Hall-Johnson Road and Heritage Avenue, east of the Meadows Addition and south of Yorkshire Meadows. 4 . City Council and Planning & Zoning Commission to conduct a public hearing relative to the replat of Tiffany Forest Addition, Lot 7R, Block 1 . The .43 acre tract is located on Tiffany Forest Lane between Lake Forest Street and Tiffany Forest Court. 5 . City Council and Planning & Zoning Commission to conduct a public hearing relative to the replat of the Saybrooke Addition, Lots 11R-17R, Block 2 . The 4 . 29 acre tract is located east of State Highway 121 and north of the proposed Hall-Johnson Road extension. END OF JOINT PUBLIC HEARINGS Planninq & 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. � . � � 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 � AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF AUGUST, 1990 AT 5 : 00 P.M. � �' . � Lind Huff ' City Secretary AGENDA CITY OF GR.APEVINE, TEXAS � REGULAR CITY COUNCIL MEETING � TUESDAY, AUGUST 21, 1990 AT 7: 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 � 307 WEST DALLAS ROAD a PRESENTATION 6 . Mayor Tate to present to the Finance Department the Plaque for the Distinguished Budget Presentation Award for the third consecutive year as presented by the Government Finance ; Officers Association. 7 . Mr. Mike Starek, of DeShazo, Starek and Tang, Inc. , to review the traffic study performed for the Grapevine-Colleyville Independent School District relative to Grapevine Junior High ; School construction at Pool Road and take any necessary i action. $ NEW BUSINESS 8 . Consider an ordinance amending the Grapevine Code of Ordinances Chapter 23 , Traffic by the addition of a signalized ; stop intersection at Timberline Drive and Mustang Drive and take any necessary action. 9 . Discuss and review present City Policies with regard to longevity and out of classification pay for Public Safety employees and take any necessary action. 10. Discuss proposed policy of alcoholic beverage prohibition at , Grapevine Lake on U. S. Army Corps of Engineers property and take any necessary action. 11. Consider a resolution setting a public hearing date for September 4, 1990 relative to the effective tax rate and take any necessary action. 12. Consider a resolution accepting the 1990 certified tax roll in the amount of $2 ,206 ,443 ,806 .00 plus an additional $36 , 810 , 068 . 00 in property value pending disposition before the Appraisal Review Board for a total appraised value of $2, 243 , 253, 874 . 00 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. 13 . Consider a resolution requesting specific information of the Dallas/Fort Worth International Airport Staff and consultants for the purpose of comprehensively analyzinq the information in the Draft Environmental Impact Statement. City Manager recommends approval. 14. Consider a resolution directed to the Texas Congressional Delegation expressing opposition to restrictions being considered to be placed on local land use regulations within certain territories surrounding airports. City Manager recommends approval. � r � � a � 15. Consider appointing Mr. Tim Long to the Building Board of ' Appeals and Plumbing Board. Director of Community Development � recommends approval. � � 16 . Consider a resolution declaring certain property �? surplus/salvage and authorizing the sale of said property. � Finance Director and Purchasing Agent recommend approval. � � 17 . Consider award of Bid 90-205 Asphalt Products to the lowest and best bidder meeting specifications, Trumbull Asphalt, in " the amount of $116 ,500 .00 . Staff recommends approval. � � 18. Consider award of Bid 90-207 for Microcomputers/Printers to � the lowest and best bidders meeting specifications as follows: � S .M.C.S . , Inc. Seabrook Computers for items 1-3, 5 , 12, 13 , �. 17A, 17B, 18-20 , 22 , 24-26 , 28 , 30 , 33 , 34-36 in the amount of $15 , 593 . 00 and Southwest Office Systems, Inc. for items 6 , 7 , 9 and 10 in the amount of $3 ,634 .00 for a grand total of $19 , 227 . 00 . Staff recommends approval. � 19 . Consider award of Bid 90-208 Street Sweeper to the lowest and best bidder meeting specifications, Industrial Disposal Supply Company, in the amount of $74 ,336 .00 . Staff recommends approval. 20 . Consider a resolution authorizing the purchase of an intoxilizer from the sole source bidder, CMI/MPH, in the amount of $5 , 680 . 00 . Staff recommends approval. � 21 . Consider rescinding award of Bid 90-180 , Section III to Kountry Karpenter for Grounds Maintenance as the bidder has requested to be relieved of the contract responsibilities due to not being able to comply with the 24 hour response time requirement. Staff recommends approval. 22 . Consider Change Order Nos. 3a and 4 to the State Highway 26 Utility Relocation Project in the amount of $5 ,577 . 39 . Director of Public Works recommends approval. 23 . Consider an ordinance abandoning and vacating a portion of Special Surface Drainage Easement No. 3R located in the Banyan � Place Addition. Director of Public Works recommends approval. � 24 . Consider a one year extension as requested by Burger Street, Inc. relative to Conditional Use Permit CU89-11 which granted a conditional use permit for drive-through service for a restaurant in a district zoned "CBD" Central Business District which was approved by the City Council on September 19, 1989. Director of Community Development recommends approval. � 25. Consider authorizing the City Manager to execute a Hold Harmless Agreement with Burger Street for use of property located at 120 and 122 South main Street during the GrapeFest � celebration, September 8 and 9 , 1990 . Main Street Director � recommends approval. � 0 26 . Consider an ordinance amending the Grapevine Code of � Ordinances Chapter 17, Peddlers and Solicitors regarding � clarification of licensing and bond requirements, exemptions to licensing requirements relative to newspaper solicitations, = hours of operation, and defining prohibited conduct. City � Secretary recommends approval. 27. Consider approval of the minutes of the August 2 , August 7 , August 9 , and August 14 , 1990 City Council meetings as � published. City Secretary recommends approval. , � � � PLANNING & ZONING COMMISSION RECOMMENDATIONS j 9 28 . Consider the recommendation of the Planning & Zoning � � i ' Commission relative to Zoning Application Z90-02 and j Conditional Use Application CU90-01 submitted by Yandell & Hiller Incorporated and subsequent ordinances, if applicable. i 1 � � 8 { � � The subject 9 .3 acre property is located in the Park and Wall � Addition at the southeast corner of Wall Street and State � Highway 114 , south of the intersection of Wall Street and Park � Boulevard extension. The requested rezoning is from "PO" � Professional Office District Regulations to "CC" Community � Commercial District Regulations and the requested conditional � use is for a waiver to specific requirements of Section 47E.2 � pursuant to Section 47F of Ordinance No. 82-73 and a permit � for gasoline sales, car wash, and the possession, storage, � retail sale and off-premise consumption of alcoholic beverages � (beer only) in conjunction with the operation of a service station/convenience store. The cases were tabled at the � February 20 , 1990 and the May 15 , 1990 meetings by the Planning & Zoning Commission. i 29. Consider the recommendation of the Planning & Zoning � Commission relative to Zoning Application Z90-05 � (Yandell & Hiller Incorporated) and a subsequent ordinance, if ; applicable. � ' 30. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU90-11 (Yandell & Hiller Incorporated) and the requested waiver to Section 47E. 2 of Comprehensive Zoning Ordinance No. 82-73 and � a subsequent ordinance, if applicable. � 31 . Consider the recommendation of the Planning & Zoninq � Commission relative to Zoning Application Z90-07 (David Bagwell Company) and a subsequent ordinance, if applicable. 32. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat and replat of � Tiffany Forest Addition, Lot 7R, Block 1 and take any necessary action. � 33. Consider the recommendation of the Planning & Zoning � Commission relative to the replat of the Saybrooke Addition, Lots 11R-17R, Block 2 and take any necessary action. 34 . Consider the recommendation of the Planning & Zoning Commission relative to the preliminary and final plats of the � A. Foster Addition, Lot 1 , Block 1 and take any necessary action. 35. Consider the recommendation of the Planning & Zoning Commission relative to the removal of Parr Lane between Pool Road and State Highway 121 from the City of Grapevine Thoroughfare Plan and a subsequent ordinance, if applicable. MISCELLANEOUS REPORTS AND/OR DISCUSSION ADJOURNMENT � IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C. S. , AS AMENDED BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF AUGUST, 1990 AT 5 :00 P.M. Linda Huff City Secretary � � � �: � � � � � �: � � � � { � �' � SUPPLEMENTAL CORRECTIVE AGENDA � CITY OF GRAPEVINE, TEXAS � TUESDAY, AUGUST 21 , 1990 AT 7 : 30 P.M. � � THE CITY COUNCIL AND PLANNING & ZONING COMMISSION DOES HEREBY �' DECLARE AN EMERGENCY AND THAT A URGENT PUBLIC NECESSITY EXISTS TO � CORRECT TYPOGRAPHICAL ERRORS THAT WERE REASONABLY UNFORSEEABLE WHICH REQUIRES IMMEDIATE ACTION, TO-WIT: � �' THE FOLLOWING JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION AGENDA ITEM IS HEREBY CORRECTED TO READ AS FOLLOWS: "2 . City Council and Planning & Zoning Commission to conduct a � public hearing relative to Conditional Use Application CU90-11 submitted by Yandell & Hiller Incorporated requesting a waiver to specific requirements of Section � 47E.2 of Comprehensive Zoning Ordinance No. 82-73 , as � amended, and requesting a conditional use permit for � gasoline sales , car wash, and the possession, storage, retail sale, and off-premise consumption of alcoholic � beverages (beer only) in conjunction with the operation of �. a service station/convenience store in a district with a $ zone change request to "CC" Community Commercial District Regulations. The 1.068 acre tract is located at the southeast corner of Wall Street and the frontage Road of State Highway 114, south of the intersection of Wall Street � and Park Boulevard extension. " � THE FOLLOWING CITY COUNCIL AGENDA ITEM IS HEREBY CORRECTED TO � READ AS FOLLOWS: � � "28 . Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z90-02 and Conditional Use Application CU90-01 submitted by Yandell & Hiller Incorporated and subsequent ordinances, if applicable. The subject 0.977 acre property is located at the southeast corner of Wall Street and State Highway 114, � south of the intersection of Wall Street and Park Boulevard extension. The requested rezoning is from "PO" Professional Office District Regulations to "CC" Community Commercial District Regulations and the requested conditional use is for a waiver to specific requirements of ' Section 47E.2 pursuant to Section 47F of Ordinance No. � 82-73 and a permit for gasoline sales, car wash, and the ; possession, storage, retail sale and off-premise ' consumption of alcoholic beverages (beer only) in conjunction with the operation of a service station/convenience store. The cases were tabled at the February 20 , 1990 and the May 15 , 1990 meetings by the Planning & Zoning Commission. " IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C.S, AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE CITY COUNCIL AND PLANNING & ZONING COMMISSION SUPPLEMENTAL CORRECTIVE AGENDA WAS PREPARED AND POSTED ON THIS THE 20TH DAY OF AUGUST, 1990 AT 5 :00 P.M. ga 4 � � � Linda Huff � � City Secretary � � � � � �� ; � � � � I � , x � i � 3 AGENDA � � CITY OF GRAPEVINE, TEXAS � REGULAR PLANNING & ZONING COMMISSION MEETING � TUESDAY, AUGUST 21 , 1990 AT 7: 30 P.M. ; CONFERENCE ROOM #204 £ 307 WEST DALLAS ROAD � � ; � ELECTION OF OFFICERS 3 � , 1 . Planning & Zoning Commission to elect Chairman and � = Vice-Chairman and take any necessary action. � OLD BUSINESS € � 2 . Consider Zoning Application Z90-02 and Conditional Use � Application CU90-01 (Yandell & Hiller Incorporated) and make a � recommendation to the City Council. � � NEW BUSINESS � 3 . Consider Zoning Application Z90-05 (Yandell & Hiller � Incorporated) and make a recommendation to the City Council. � � 4 . Consider Conditional Use Application CU90-11 (Yandell & Hiller � Incorporated) and the requested waiver to Section 47E.2 of the Comprehensive Zoning Ordinance No. 82-73 and make a � recommendation to the City Council. 5 . Consider Zoning Application Z90-07 (David Bagwell Company) and � make a recommendation to the City Council. 6 . Consider the preliminary plat and replat of Tiffany Forest Addition, Lot 7R, Block 1 and make a recommendation to the City Council. 7 . Consider the replat of Saybrooke Addition, Lots 11R-17R, Block 2 and make a recommendation to the City Council. 8 . Consider the preliminary and final plats of the A. Foster � Addition, Lot l , Block 1 and make a recommendation to the City Council. 9 . Consider the removal of Parr Lane between Pool Road and State Highway 121 from the City of Grapevine Thoroughfare Plan and make a recommendation to the City Council. � CONSIDERATION OF THE MINUTES 10 . Consider approval of the minutes of the June 19 and July 17 , 1990 Planning & Zoning Commission meetings as published. � 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 17TH DAY OF AUGUST, 1990 AT 5 : 00 P.M. � . Li da Huff City Secretary � � � , - k � � � € STATE OF TEXAS � j 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 21st day of August, 1990 at 7 : 30 p.m. in the Council Chambers, Municipal Court Room #205, 307 West Dallas Road, with the following members of the City Council present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem ; Sharron Spencer Council Member " Gil Traverse Council Member Jerry L. Pittman Council Member Will Wickman Council Member � constituting a quorum, with Council Member C. Shane Wilbanks � absent, with the following members of the Planning & Zoning Commission: Ron Cook Chairman Larry Oliver Vice Chairman Cathy Martin Member � Larry Atchley Member � Ervin Meyer Member Robert Hinson Member { Michael Palpant Member ' constituting a quorum, with the following members of the City Staff: Mark S. Watson City Manager � John F. Boyle, Jr. City Attorney � Linda Huff City Secretary ' CALL TO ORDER + Mayor Tate called the regular joint meeting to order at 7 :35 p.m. i i r INVOCATION Commission Member Cathy Martin delivered the Invocation. 1' � ITEM lA. SUPPLEMENTAL AGENDA � City Secretary Linda Huff advised a Supplemental Corrective 'j Agenda had been posted on Monday, August 20 , 1990 to correct typographical errors regarding Item 2 and Item 28 . Item 2 Conditional Use Application CU90-11 was originally posted as a . 0977 acre tract and should have been 1 .068 acres. Item 28 Zoning Application Z90-02 and Conditional Use Application CU90-01 :; was originally posted as a 9 .3 acre tract and should have been . 977 acres. Commission Member Martin, seconded by Commission Member Meyer, made a motion to declare an emergency to address an urgent public '� necessity due to a reasonable unforeseeable situation and ; imminent threat to the public health and safety which requires immediate action by the Planning & Zoning Commission. The vote prevailed as follows: � � � k' Ayes . Cook, Oliver, Martin, Atchley, Meyer, Hinson & Palpant Nays . None �, Council Member Traverse, seconded by Mayor Pro Tem Ware, made a � motion to declare an emergency to address an urgent public necessity due to a reasonable unforeseeable situation and � � 08/21/90 g imminent threat to the public health and safety which requires � immediate action by the City Council. The vote prevailed as � follows: � � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays : None � Absent: Wilbanks � � ITEMs 1 AND 2 . PUBLIC HEARING, ZONING APPLICATION Z90-05 AND � � CONDITIONAL USE APPLICATION CU90-11 , YANDELL & � HILLER INCORPORATED � � � � Mayor Tate declared the public hearings open. � Planner Marcy Ratcliff advised Zoning Application Z90-05 and � Conditional Use Application CU90-11 had been filed by Yandell & � Hiller Incorporated. The applicant requested rezoning of 1 .068 � acres from "PO" Professional Office District Regulations to "CC" Community Commercial District Regulations and a waiver to �' ! specific requirements of Section 47E .2 of Comprehensive Zoning � ' Ordinance No. 82-73 , as amended, and requested a conditional use permit for gasoline sales, car wash, and the possession, storage, � retail sale, and off-premise consumption of alcoholic beverages (beer only) in conjunction with the operation of a service � 1 cated at the southeast station convenience store. The tract is o a � corner of Wall Street and the frontage Road of State Highway 114, � � south of the intersection of Wall Street and Park Boulevard : � extension. � I � I Mr. Mickey Nowell, representing Yandell & Hiller Incorporated, � irequested favorable consideration of the applications. He then reviewed the differences between the previous submittal on the � subject property (Z90-02 and CU90-01) and the present � j applications. The property size increased slightly (3, 966 square # � j feet) to address concerns regarding the previous submittal. The � � frontage on Wall Street increased by 125. 65 feet and the driveway � on Wall Street was moved approximately 39 feet farther away from { the intersection. The frontage along State Highway 114 service � road decreased by 89 .5 feet. The main structure was moved back � � into the lot and the car wash is not located along the rear lot � line. � I� City Council and Planning & Zoning Commission discussed the � placement of the driveway between the exit ramp and intersection � will not allow access to the remainder of the property when 4 developed from State Highway 114 . � F i Mayor Tate invited guests present to comment regarding the � I requested rezoning and conditional use permit. Ms. Dovie Pilney, € ! 1366 Tipperary, stated there were enough convenience stores in � j the City and requested the property remain "PO" Professional � � Office District Regulations. There was no correspondence to � report. s � � � Commission Member Atchley, seconded by Commission Member Hinson, � made a motion to close the public hearing. The motion prevailed � by the following vote: � F` � Ayes . Cook, Oliver, Martin, Atchley, Meyer, Hinson & Palpant � I! Nays . None � � � � Mayor Pro Tem Ware, seconded by Council Member Spencer, made a � motion to close the public hearing. The motion prevailed by the � following vote: � � , E Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None ;, Absent: Wilbanks � � �, � � � � � � 2 � � � ;; � ' � � .. , x t 08/21/90 � } F � € ITEM 3 . PUBLIC HEARING, ZONING APPLICATION Z90-07, DAVID � BAGWELL COMPANY � � E. Mayor Tate declared the public hearing open. ` � �� Planner Marcy Ratcliff advised Zoning Application Z90-07 � was submitted by the David Bagwell Company reguesting rezoning of � 13. 319 acres from "R-20" Single-Family District Regulations to � "R-7. 5" Single-Family District Regulations. The subject property � is located west of the intersection of Hall-Johnson Road and � Heritage Avenue, east of the Meadows Addition and south of � Yorkshire Meadows. � Mr. David Bagwell addressed the Council and Planning & Zoning � Commission requesting favorable consideration of the rezoning. � � Council discussion included concerns regarding the out parcel at � i the corner of Heritage Avenue (Cheek-Sparger Road) and � Hall-Johnson Road. F �: Mayor Tate invited guests present to comment regarding the proposed rezoning. Mr. Keith Perry, 2700 Valleywood Drive, � expressed his concerns about the congestion that will be caused � ;� due to the opening of the schools in the area. He objected to ; the lack of access that is provided to the south off Valleywood Drive. Mr. Bagwell briefly reviewed the possibility of a park in the lower left area (adjacent to the Meadows Subdivision) of the proposed development to provide foot access between the two developments. �: City Secretary Linda Huff reported one petition signed by three � property owners in support of the rezoning had been submitted � into the record. � Commission Member Oliver, seconded by Commission Member Martin, � made a motion to close the public hearing. The motion prevailed � by the following vote: � i � Ayes . Cook, Oliver, Martin, Atchley, Meyer, Hinson & Palpant � Nays . None � Council Member Pittman, seconded by Council Member Traverse, made �' a motion to close the public hearing. The motion prevailed by � the following vote: e � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays : None � Absent: Wilbanks �`` ITEM 4 . PUBLIC HEARING, REPLAT TIFFANY FOREST ADDITION ' Manager of Engineering Stan Laster advised that an application � had been filed by Mr. Gregory L. Smith requesting a replat of the �; Tiffany Forest Addition, Lot 7R, Block 1 . The .43 acre tract is �. located on Tiffany Forest Lane between Lake Forest Street and � Tiffany Forest Court. The replat is to include 125 feet of property at the rear of the lot. �; � � There were no questions from the City Council or the Planning & � Zoning Commission. Mayor Tate invited guests present to comment � regarding the replat. No one wished to speak and there was no � correspondence to report. �: , � � Commission Member Meyer, seconded by Commission Member Atchley, F � made a motion to close the public hearing. The motion prevailed � j by the following vote: �' � Ayes . Cook, Oliver, Martin, Atchley, Meyer, Hinson & Palpant � Nays . None � Council Member Wickman, seconded by Mayor Pro Tem Ware, made a � motion to close the public hearing. The motion prevailed by the � following vote: �` 3 � � � i � � 08/21/90 F � � � � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None Absent: Wilbanks � � ITEM 5 . PUBLIC HEARING, REPLAT, SAYBROOKE ADDITION � % Manager of Engineering Stan Laster advised an application had �; been filed by Paul S. Unzicker, Inc. requesting a replat of the � Saybrooke Addition, Lots 11R-17R, Block 2 and Lots 16R-29R, � Block 4 . The 4 .29 acre tract is located east of State Highway � 121 and north of the proposed Hall-Johnson Road extension. The � lots are being replatted to shift property lines to create more z buildable lots for the home builders. The replat will decrease � the number of lots in the addition by one (1) lot. � � � � There were no questions from the City Council or the Planning & � Zoning Commission. Mayor Tate invited guests present to comment � regardinq the replat. No one wished to speak and there was no < £ correspondence to report. � Commission Member Hinson, seconded by Commission Member Atchley, � , made a motion to close the public hearing. The motion prevailed � by the following vote: � �. '� � Ayes . Cook, Oliver, Martin, Atchley, Meyer, Hinson & Palpant � Nays . None t � Mayor Pro Tem Ware, seconded by Council Member Spencer, made a ` motion to close the public hearing. The motion prevailed by the � � ' following vote: � i Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � �� Nays : None ° '� Absent: Wilbanks � � I � � ITEM 6A. CITIZENS REQUEST, MR. EDDIE BREWER � i � � Mr. Eddie Brewer, 2050 Wedgewood, Pastor of Abundant Life � � Assembly of God, addressed the Council expressing his support to � ; the U. S. Army Corps of Engineers for their proposed policy ' banning alcoholic beverages at Grapevine Lake parks in order to € provide for a safe and clean family environment. He stated that ' ! the laws that restrict personal freedom are for the good of the ; � ; i public. m � t i j ITEM 6B. CITIZENS REQUEST, MR. CHARLES F. ROTTE `- � � The following letter was read into the record on behalf of � � Mr. Rotte: � ! f � 'A'91'!Y 71'7k**71'7ti*�C'!C 7�'7t'�C�C'1�''A'*y�'yt'y�'7�'y�'*!r 7k'1C�C 91''�C 71'7�'i�C�C'A'yt''A''A'y�''A''A''A''�'91'�C!�C!�C!�C!�C*�C 7t 9�''1�'1C 9�'7k 9�'9�'y�'y�'7k'A'* � � � Ms. Linda Huff � City Secretary � City of Grapevine � , 413 Main Street � I Grapevine, Texas 76051 i ; � ( Ref: Corp of Engineers Proposed Alcohol Prohibition � ; < � Ms. Huff, � ! � Please have the following read into the record relative ' fto this agenda item: t � � ' The major responsibilities of the Corps of Engineers � are Flood Control and Water Conservation. Recreation, � according to the promotional material distributed by � the Corps of Engineers, is an "extra dividend. " � # �: � � 4 � 4'. 6 i , -- -- - � �;; ,, 08/21/90 � R � k6 F However, the majority of the people that I come into contact with daily, strongly believe that this "extra = dividend" lacks adequate attention from the present � Corps management. w �: The proposed prohibition seems to be another ploy by � the local Corps management to discourage visitors, and reduce the workload required to maintain the "extra � j dividend. " A significant number of visitors to our � lake will greatly impact the economic well-being of the �; community. No visitors; no dollars to our City. � I �. , Many have read or heard how prohibition tested at � Rockledge Park last spring was the major factor in reducing vandalism, disorderly behavior and littering. I, What are the specific facts and stats substantiating this new-found tool to deter crime? I suspect the ; self-serving rhetoric is being bantered about in hopes ' to achieving this goal. The highly publicized and '' alleged incident at Rockledge Park last spring was not a result of alcohol abuse, but rather a very small group of "trouble makers" that are prone to this type of behavior. There are twent Lakes in Northeast Texas that are � Y managed by the Fort Worth District. Why is our Lake singled out for prohibition? Newspaper articles indicate that Lake Grapevine is unique to that of the urban lakes which result in greater people concentrations, thus a higher problem potential. This seems to infer that other lakes, such as Lewisville, � are suburban and not heavily used by visitors. I would like to see the attendance record of Lake Grapevine compared to the other lakes, now and even before the floods. Should singling out Grapevine Lake not seem discriminatory, the proposal to exclude marinas from the proposed ban would certainly merit legal testing. '' The missing factor at Lake Grapevine Parks appears to � be a, positive attitude towards recreation by the Corps �'; � management. Good attitude and actions could really be � helpful in ending the "cold war" between the Corps, City and Public. �: Isolated incidents will continue to occur. But, I believe that the Grapevine Police Department can and � will continue to competently handle these matters as they have in the past, and within the framework of existing laws. Additional ordinances, such as prohibition, is not an answer to am implied problem! � Such a law will only serve to intensify the already � strong anti-corps sentiment which exists in and around i Lake Grapevine today. � � Sincerely, � Charles F. Rotte 601 Park Boulevard �' ,� ***************************************************************** � � � ITEM 6 . PRESENTATION, DISTINGUISHED BUDGET AWARD � Mayor Tate presented Budget Analyst Pat Dalton of the Finance � Department with the Plaque for the Distinguished Budget � Presentation Award for the FY90 City budget. It is the third consecutive year the Government Finance Officers Association has � presented this award to the City of Grapevine. This award is the �, highest form of recognition in governmental budgeting. Since the inception of the program in 1984 , less than 500 governmental entities in the United States and Canada have received this award. � � 5 � � � � � � 08/21/90 ; � � � � � � � 'j � ITEM 7 . PRESENTATION, POOL ROAD TRAFFIC STUDY, DESHAZO, STAREK ; � AND TANG, INC. j , ; ; , ' Mr. Mike Starek, of DeShazo, Starek and Tang, Inc. , reviewed the i � traffic study performed for the Grapevine/Colleyville Independent ? � School District relative to Grapevine Junior High School � � � construction at Pool Road. Following a brief presentation, � Mr. Starek made these recommendations to help alleviate traffic ; congestion around the new Grapevine Junior High and Grapevine � � High School: (1) construct a southbound left turn on Pool Road ' � to allow traffic an access to the junior high school, (2) � construct a free right turn lane off State Highway 26 to Pool ' � Road, (3) check the timing of the traffic signal at the a � intersection of State Highway 26 and Mustang Drive, (4) restripe � i Timberline Drive to three [3] lanes and remove the traffic ; � buttons, and (5 ) install a traffic light at Timberline Drive and � � Mustang Drive. � � Council discussed the recommendations. There was no formal ; saction taken by the Council. � , j � ; RECESS AND RECONVENE ! , � Mayor Tate announced the City Council would take a brief recess. � � Upon reconvening in the Council Chambers, all members of the City � � Council were present with the exception of Council Member � C. Shane Wilbanks. , � � � � ITEM 8 . ORDINANCE, AMEND CHAPTER 23 TRAFFIC, SIGNALIZED STOP � � INTERSECTIONS � � � Manager of Engineering Stan Laster requested Council consider an � ; ordinance amending the Grapevine Code of Ordinances Chapter 23, ; I Traffic by the addition of a signalized stop intersection at { ( Timberline Drive and Mustang Drive. I ' � The caption of the proposed ordinance was read into the record. � i � I Mayor Pro Tem Ware, seconded by Council Member Traverse, made a � j motion to approve as recommended. The vote prevailed as follows: � � i Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None � ; Absent: Wilbanks � i � ; ORDINANCE N0. 90-48 i � I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY � j OF GRAPEVINE, TEXAS, AMENDING THE GR.APEVINE � ' CODE OF ORDINANCES BY AMENDING CHAPTER 23, BY t ; THE ADDITION OF SECTION 23-35 ENTITLED � SIGNALIZED STOP INTERSECTIONS; AND BY ADDING � 4 STOP SIGNALS AT CERTAIN LOCATIONS DESCRIBED � HEREIN; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNALS; 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 9 . DISCUSSION, LONGEVITY AND OUT-OF-CLASSIFICATION PAY, � PUBLIC SAFETY EMPLOYEES � � r This item was discussed after Item 12 . E � , � 6 � � ,- I � 08/21/90 � g � City Manager Mark S. Watson stated that in February, 1990 � concerns were expressed as to method of payment on longevity pay � for Grapevine firefighters and requirements for out-of-classification pay. Each firefighter is annually paid at a rate of $4 .00 per month for each year of service up to a maximum of $80 . 00 per month by City ordinance, whereas State law establishes a maximum of $100 . 00 per month. The highest tenured r firefighter in Grapevine now receives $68 . 00 per month which � � demonstrates no violation of State law despite a non-conforming � ' , ordinance. This ordinance is to be amended with the adoption of �- a new personnel manual this fall. The City authorizes longevity � pay annually on December 1 , which is preferred by our � firefighters. � �' A current City of Grapevine ordinance compensates for assignments �; in excess of 24 hours for firefighters (one shift) and three (3) ; days for other employees. Presently, out-of-classification pay � under Section 141 . 033 of the Texas Local Government Code requires � payment at a higher salary to police/fire personnel who are � required to perform duties of a particular classification. The City Attorney ' s office has advised that the statute is unclear as to whether this mandates hour-by-hour, minute-by-minute compensation and is examining this statute further and will draft �. a recommended policy to provide guidelines to the City Administration. � Following Council discussion, it was the consensus that Staff would have a recommendation regarding longevity pay and out-of-classification pay for consideration at the next City � Council meeting. There was no formal action taken by the City � Council. � r: ' ITEM 10 . DISCUSSION, ALCOHOLIC BEVERAGE PROHIBITION AT GRAPEVINE LAKE � � The City of Grapevine has been communicating with the U. S. Army Corps of Enqineers in regard to a proposed policy to ban alcoholic beverages at Corps of Engineers properties in and around Grapevine Lake. The Corps has requested to discuss this issue during City/Corps negotiations for proposed lease of Corps property by the City. Mayor Tate recommended this issue be addressed at a public hearing with participation by the U. S. � Army Corps of Engineers. The consensus of the City Council was to conduct a public hearing � on the matter and ask the Corps to participate. City Manager p Watson was directed to coordinate a date for the public hearing � with the Corps. There was no formal action taken by the City �' Council. ITEM 11 . RESOLUTION, SETTING PUBLIC HEARING, TAX RATE This item was discussed after Item 8 . Finance Director Larry Koonce recommended approval of a resolution setting a public hearing date for September 4 , 1990 ` - relative to the effective tax rate. The effective tax rate has � been calculated at $ . 4083 and its rollback rate at $ . 4268. Under � "truth-in-taxation" laws, it is necessary that the Council adopt a resolution that would reflect its intention to adopt a tax rate � not to exceed $ .4250 per $100 .00 valuation. � The caption of the proposed resolution was read into the record. � Council Member Pittman, seconded by Council Member Spencer, made � a motion to approve as recommended. The motion prevailed by the � following vote: � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays : None � Absent: Wilbanks � � 7 _ � 08/21/90 � � � �, � € 4. RESOLUTION NO. 90-23 �', r 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 '' � z �' ITEM 12 . RESOLUTION, ADOPT CERTIFIED TAX ROLL � r � Finance Director Larry Koonce recommended approval of a � resolution accepting the 1990 certified tax roll in the amount of � $2 ,206 ,443 ,806 .00 plus an additional $36 ,810 ,068 .00 in property � value pending disposition before the Appraisal Review Board for a � total appraised value of $2 ,243 ,253 ,874 .00 � � The caption of the proposed resolution was read into the record. Y � Council Member Spencer, seconded by Mayor Pro Tem Ware, made a � motion to approve as recommended. The motion prevailed as � follows: � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None � j Absent: Wilbanks � € � RESOLUTION NO. 90-24 � , � � A RESOLUTION OF THE CITY COUNCIL OF THE CITY � ; OF GRAPEVINE, TEXAS, APPROVING THE TAX ROLL - f i FOR 1990 ON PROPERTY WITHIN THE CITY AND '^ ; PROVIDING AN EFFECTIVE DATE � i � i � � i CONSENT AGENDA �' I � t This item was discussed after Item 7 . � ; 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 4 asked if there was any member of the audience or the Council who ' wished to remove an item from the consent agenda for full � discussion. There were none. � Item 13 . Resolution, Analyze Draft Environmental Impact � Statement � ; � City Manager recommended approval of a resolution requesting � � specific information of the Dallas/Fort Worth International � Airport Staff and consultants for the purpose of comprehensively E ' analyzing the information in the Draft Environmental Impact g ' Statement. � - � The caption of the proposed resolution was read into the record. _ � � ! Council Member Traverse, seconded by Council Member Wickman, made # a motion to approve as recommended. The motion prevailed by the � following vote: �' � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman P' Nays . None � Absent: Wilbanks { � � € � k � } k � E � c 8 � � � , �. 08/21/90 � � � � RESOLUTION NO. 90-25 � �' A RESOLUTION OF THE CITY COUNCIL OF THE CITY � OF GRAPEVINE, TEXAS REQUESTING ADDITIONAL �' INFORMATION FOR THE PUBLIC' S USE IN ASSESSING THE IMPACT OF PROPOSED REDEVELOPMENT OF ' DALLAS/FORT WORTH INTERNATIONAL AIRPORT AND PROVIDING AN EFFECTIVE DATE Item 14 . Resolution, Opposing Restrictions On Land Use � Regulations � City Manager recommended approval of a resolution directed to the Texas Congressional Delegation expressing opposition to restrictions being considered to be placed on local land use regulations within certain territories surrounding airports. � The caption of the proposed resolution was read into the record. Council Member Traverse, seconded by Council Member Wickman, made a motion to approve as recommended. The motion prevailed by the following vote: Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman Nays . None Absent: Wilbanks RESOLUTION NO. 90-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY i OF GRAPEVINE, TEXAS EXPRESSING FIRM OPPOSITION TO RESTRICTIONS BEING CONSIDERED ; TO BE PLACED ON LOCAL LAND USE REGULATIONS WITHIN CERTAIN TERRITORIES SURROUNDING AIRPORTS AND PROVIDING AN EFFECTIVE DATE � ; Item 15. Committee Appointment, Building Board of Appeals and { Plumbing Board j Director of Community Development recommended approval to i appoint Mr. Tim Long to the Building Board of Appeals and ; Plumbing Board for a two (2) year term to expire in June, 1992 . � Council Member Traverse, seconded by Council Member Wickman, made � a motion to approve as recommended. The motion prevailed by the :i following vote: ' Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None { Absent: Wilbanks � , ; Item 16 . Resolution, Declaring Surplus Property a ' Finance Director and Purchasing Agent recommended approval ; of a resolution declaring certain property surplus/salvage and i � authorizing the sale of said property. { The caption of the proposed resolution was read into the record. � i Council Member Traverse, seconded by Council Member Wickman, made a motion to approve as recommended. The motion prevailed by the '! following vote: � � i RESOLUTION NO. 90-27 , 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY � OF GRAPEVINE, TEXAS, DECLARING CERTAIN ; PROPERTY SURPLUS AND/OR SALVAGE, IN � � � 9 � � � � 08/21/90 ; � � � ? � d � , � ACCORDANCE WITH EXHIBIT "A" ; PROVIDING FOR ; ? THE AUTHORIZATION OF THE SALE OF SAID � s PROPERTY AND DECLARING AN EFFECTIVE DATE � � � � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � � Nays . None ; Absent: Wilbanks � i 1 I ! ! � Item 17 . Bid Award 90-205 , Asphalt Products � ; � Staff recommended award of Bid 90-205 Asphalt Products to the ' � lowest and best bidder meeting specifications, Trumbull Asphalt, ` in the amount of $116 , 500 . 00 . ' � � Council Member Traverse, seconded by Council Member Wickman, made ` � a motion to approve as recommended. The motion prevailed by the � � following vote: k i � j Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � � Nays . None � � Absent: Wilbanks � � � � Item 18 . Bid Award 90-207 , Microcomputers/Printers � i ' � Staff recommended award of Bid 90-207 for Microcomputers/Printers ` , to the lowest and best bidders meeting specifications as follows: � � S .M.C .S . , Inc. Seabrook Computers for items 1-3, 5, 12, 13, 17A, � � 17B, 18-20 , 22 , 24-26 , 28 , 30 , 33, 34-36 in the amount of � ' $15, 593. 00 and Southwest Office Systems, Inc. for items 6 , 7 , 9 � ; and 10 in the amount of $3 ,634 .00 for a grand total of � ! $19, 227. 00 . � i ' Council Member Traverse, seconded by Council Member Wickman, made ; � a motion to approve as recommended. The motion prevailed by the � � following vote: � ! Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � � Nays . None � � ; Absent: Wilbanks $ c I � � Item 19 . Bid Award 90-208 , Street Sweeper � ; ' Staff recommended award of Bid 90-208 Street Sweeper to the � ' lowest and best bidder meeting specifications, Industrial � Disposal Supply Company, in the amount of $74 , 336 . 00 . � j � � ' Council Member Traverse, seconded by Council Member Wickman, made � ; a motion to approve as recommended. The motion prevailed by the � following vote: � j �j Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman ` Nays : None � Absent: Wilbanks � � I � � Item 20 . Resolution, Purchase of Intoxilyzer � 9 � Staff recommended approval of a resolution authorizing the � purchase of an intoxilyzer from the sole source bidder, CMI/MPH, � in the amount of $5 , 680 . 00 . �' s � The caption of the proposed resolution was read into the record. � Council Member Traverse, seconded by Council Member Wickman, made � a motion to approve as recommended. The motion prevailed by the � following vote: � � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman �; Nays . None , Absent: Wilbanks � � 10 � � � � � � 08/21/90 � � � �: !' RESOLUTION N0. 90-28 �' � E A RESOLUTION OF THE CITY COUNCIL OF THE CITY � OF GRAPEVINE, TEXAS MAKING FINDINGS OF � CERTAIN FACTS RELATIVE TO THE PURCHASE OF AN � INTOXILYZER MODEL 5000; DETERMINING THAT THE � INTOXILYZER MODEL 5000 IS AVAILABLE FROM ONLY � ONE SOURCE; DETERMINING THAT THE PURCHASE OF � ' THE INTOXILYZER MODEL 5000 IS NECESSARY TO � � PRESERVE AND PROTECT THE PUBLIC HEALTH AND � SAFETY OF THE CITY 'S RESIDENTS; AUTHORIZING � THE PURCHASE OF AN INTOXILYZER MODEL 5000 F FROM CMI/MPH FOR THE AMOUNT OF $5, 680 . 00; � ' PROVIDING A SEVERABILITY CLAUSE; DECLARING AN � EFFECTIVE DATE � � � Item 21 . Rescind Award of Bid 90-180, Grounds Maintenance " � � Staff recommended approval to rescind award of Bid 90-180, Section III to Kountry Karpenter for Grounds Maintenance as the � bidder has requested to be relieved of the contract � responsibilities due to not being able to comply with the 24 hour response time requirement. Council Member Traverse, seconded by Council Member Wickman, made � � - a motion to approve as recommended. The motion prevailed by the � following vote: � � � �. Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman {' Nays . None � Absent: Wilbanks � [ �4 Item 22 . Chanqe Order Nos. 3a and 4 , State Highway 26 Utility Relocation � � Director of Public Works recommended approval of Change Order � Nos. 3a and 4 to the State Highway 26 Utility Relocation Project � in the amount of $5,577 . 39 . � Council Member Traverse, seconded by Council Member Wickman, made � a motion to approve as recommended. The motion prevailed by the following vote: � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None � Absent: Wilbanks � � Item 23 . Ordinance, Abandoning Special Surface Drainage Easement � No. 3R, Banyan Place Addition Director of Public Works recommended approval of an ordinance abandoning and vacating a portion of Special Surface Drainage Easement No . 3R located in the Banyan Place Addition. � The caption of the proposed ordinance was read into the record. � � Council Member Traverse, seconded by Council Member Wickman, made � a motion to approve as recommended. The motion prevailed by the � following vote: � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None � Absent: Wilbanks � � ORDINANCE NO. 90-49 � E ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY � OF GRAPEVINE, TEXAS, ABANDONING AND VACATING � A PORTION OF A SPECIAL SURFACE DRAINAGE � E `s � � 11 � � , � � � � 08/21/90 # � � � � � £} i EASEMENT NO. 3R LOCATED IN THE BANYAN PLACE � ADDITION IN THE CITY OF GRAPEVINE, TEXAS, AS � HEREINAFTER DESCRIBED; PROVIDING A F SEVERABILITY CLAUSE; DECLARING AN EMERGENCY � F AND PROVIDING AN EFFECTIVE DATE � t , � Item 24 . Conditional Use Permit CU89-11 , One Year Extension, �. Burger Street � }. Director of Community Development recommended approval of a one � year extension as requested by Burger Street, Inc. relative to � Conditional Use Permit CU89-11 which granted a conditional use # permit for drive-through service for a restaurant in a district �; zoned "CBD" Central Business District which was approved by the � City Council on September 19 , 1989. € , Council Member Traverse, seconded by Council Member Wickman, made � a motion to approve as recommended. The motion prevailed by the ?' following vote: � � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None ; , Absent: Wilbanks � � � Item 25. Hold Harmless Agreement, GrapeFest � � � Main Street Director recommended authorizing the City Manager to g execute a Hold Harmless Agreement with Burger Street for use of �; property located at 120 and 122 South Main Street durinq the � GrapeFest celebration, September 8 and 9 , 1990 . � � Council Member Traverse, seconded by Council Member Wickman, made � a motion to approve as recommended. The motion prevailed by the ; following vote: F �: Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None � Absent: Wilbanks � � a Item 26 . Ordinance, Amend Chapter 17 , Peddlers and Solicitors � City Secretary recommended approval of an ordinance amending the ' Grapevine Code of Ordinances Chapter 17 , Peddlers and Solicitors � � regarding clarification of licensing and bond requirements, � exemptions to licensing requirements relative to newspaper solicitations, hours of operation, and defining prohibited ¢ conduct. ;. � � � The caption of the proposed ordinance was read into the record. �. F: 3 Council Member Traverse, seconded by Council Member Wickman, made � a motion to approve as recommended. The motion prevailed by the � following vote: °' � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � � Nays . None � Absent: Wilbanks � �. ORDINANCE N0. 90-50 � � r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY � OF GRAPEVINE, TEXAS AMENDING CHAPTER 17 OF � THE CODE OF ORDINANCES OF THE CITY OF � GRAPEVINE, TEXAS, RELATING TO PEDDLERS AND � SOLICITORS BY AMENDING SECTION 17-2, 17-4 , � 17-7, 17-8 , 17-10 , AND 17-13; PROVIDING THE � REPEAL OF ALL INCONSISTENT ORDINANCES; � PROVIDING A PENALTY NOT TO EXCEED THE SUM OF � � � � � 12 � � � � r � � 08/21/90 � �: �. k TWO THOUSAND DOLLARS ($2 ,000 .00) FOR EACH OFFENSE RELATING TO FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING .� DUMPING OF REFUSE, NOR TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500 .00) FOR EACH � OFFENSE FOR ALL OTHER VIOLATIONS, 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 27 . Consideration of the Minutes City Secretary recommended approval of the minutes of the � August 2 , 7, 9, and 14 , 1990 City Council meetings as published. Council Member Traverse, seconded by Council Member Wickman, made a motion to approve as recommended. The motion prevailed by the following vote: Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman ; Nays . None � ; Absent: Wilbanks � a ITEM 28 . PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z90-02 AND CONDITIONAL USE APPLICATION CU90-01 , YANDELL & HILLER INCORPORATED This item was discussed after Item 10. Planning & Zoning Commission Chairman Ron Cook reported the °^ Commission voted 7-0 for denial of Zoning Application Z90-02 and Conditional Use Application CU90-01 submitted by Yandell & Hiller Incorporated. The subject property is located at the southeast corner of Wall Street and State Highway 114, south of the , intersection of Wall Street and��Park Boulevard extension. The � requested rezoning is from PO Professional .Office District '� Regulations to "CC" Community Commercial District Regulations and . the requested conditional use is for a waiver to specific ' requirements of Section 47E .2 pursuant to Section 47F of Ordinance No. 82-73 and a permit for gasoline sales, car wash, and the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer only) in conjunction with the operation of a service station/convenience store. The cases were tabled at the February 20 and the May 15, 1990 meetings by the Planning & Zoning Commission. The caption of the proposed zoning ordinance was read into the record. Council Member Spencer, seconded by Council Member Pittman, made a motion accept the Commission' s recommendation for denial of the zoninq application. The motion prevailed by the following vote: Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman ^ Nays . None Absent: Wilbanks s The caption of the proposed conditional use ordinance was read into the record. � Council Member Spencer, seconded by Council Member Pittman, made a motion accept the Commission' s recommendation for denial of the conditional use permit. The motion prevailed by the following vote: , Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays : None '' Absent: Wilbanks � � � 13 � � _ � � 08/21/90 � � � ITEM 29 . PLANNING & ZONING COMMISSION RECOMMENDATION � ZONING APPLICATION Z90-05 , YANDELL & HILLER � INCORPORATED Planning & Zoning Commission Chairman Cook reported a vote of 4-3 for denial without prejudice for Zoning Application Z90-05 submitted by Yandell & Hiller Incorporated requesting rezoning of 1 .068 acres from "PO" Professional Office District Regulations to "CC" Community Commercial District Regulations. The property is located at the southeast corner of Wall Street and the frontage road of State Highway 114, south of the intersection of Wall Street and Park Boulevard extension. The Commission stated there � , were concerns regarding the concept plan, traffic flow through � the proposed development, and the entrance off the service road presented concerns regarding access to the remainder of the � property. � Council discussion ensued regardinq whether the proposed rezoninq � was the highest and best use of the property and the ability of the property owner to develop the remainder of the tract if the ;; rezoning was granted. � I � The caption of the proposed ordinance was read into the record. Ij Mayor Pro Tem Ware made a motion to adopt the ordinance and I approve the rezoning request. The motion was seconded by Council �; Member Traverse and failed by the following vote: � � Ayes . Tate, Ware, Traverse & Pittman � Nays : Spencer & Wickman € Absent: Wilbanks � � ' City Attorney John F. Boyle, Jr. advised the vote failed as a 3/4 � vote of the City Council (5-1) was required to overrule the � recommendation of the Planning & Zoning Commission. � � 4 � � � ITEM 30 . PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU90-11 , YANDELL & HILLER INCORPORATED � � Planning & Zoning Commission Chairman reported a vote of 4-3 for � denial without prejudice for Conditional Use Application CU90-05 submitted by Yandell & Hiller Incorporated requesting a waiver to �' specific requirements of Section 47E. 2 of Comprehensive Zoning � Ordinance No . 82-73 , as amended, and requesting a conditional use � permit for gasoline sales, car wash, and the possession, storage, � retail sale, and off-premise consumption of alcoholic beverages � (beer only) in conjunction with the operation of a service � station/convenience store. The subject 1 . 068 acre tract is � located at the southeast corner of Wall Street and the frontage � road of State Highway 114 , south of the intersection of Wall g Street and Park Boulevard extension. � � The caption of the proposed ordinance was read into the record. �' � Mayor Pro Tem Ware made a motion, seconded by Council Member � Spencer, to accept the Commission' s recommendation for denial � without prejudice for Conditional Use Application CU90-05 and for � Zoning Application Z90-05 . The motion prevailed by the following � vote: � � � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None � Absent: Wilbanks ; � � � � � � � � � � � �' � 14 � � , �: 08/21/90 � � � �. ' �: ITEM 31 . PLANNING & ZONING COMMISSION RECOMMENDATION � ' ZONING APPLICATION Z90-07 , DAVID BAGWELL COMPANY � i �; Planning & Zoning Commission Chairman reported a vote of 7-0 to ;� approve the request of the David Bagwell Company to rezone 13 .319 acres from "R-20" Single-Family District Regulations to "R-7 .5" a Single-Family District Regulations. The property is located west � � of the intersection of Hall-Johnson Road and Heritage Avenue, �' east of the Meadows Addition and south of Yorkshire Meadows. �` � N � The caption of the proposed ordinance was read into the record. p � �; Council Member Traverse, seconded by Council Member Wickman, made � a a motion to accept the Commission' s recommendation and adopt the �. ; ordinance. The motion prevailed by the following vote: � � � ; � , Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None $ " Absent: Wilbanks � � ' ORDINANCE NO. 90-51 � t: " 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 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 G. W. MINTER SURVEY, ABSTRACT � ''� NO. 1034 , IN THE CITY OF GRAPEVINE, TEXAS, � y MORE FULLY AND COMPLETELY DESCRIBED IN THE � ' BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-20° � SINGLE-FAMILY DISTRICT REGULATIONS TO "R-7 .5° � SINGLE-FAMILY DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; � PRESERVING ALL OTHER PORTIONS OF THE ZONING � ORDINANCE; PROVIDING A CLAUSE RELATING TO � SEVERABILITY; DETERMINING THAT THE PUBLIC F 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 32 . PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT AND REPLAT OF THE TIFFANY FOREST ADDITION, LOT 7R, BLOCK 1 � Chairman Cook reported a vote of 7-0 to approve the replat of Lot 7R, Block 1 of the Tiffany Forest Addition. The .43 acre tract is located on Tiffany Forest Lane between Lake Forest � �* Street and Tiffany Forest Court. The purpose of the replat is to add 125 feet to the depth of the existing lot. � r � Mayor Pro Tem Ware, seconded by Council Member Pittman, made a � motion to accept the Commission' s recommendation and approve the � replat. The motion prevailed as follows: ' � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None � Absent: Wilbanks � � � � � � � � 15 � � � � � � . 08/21/90 � � i � { f I � ITEM 33 . PLANNING & ZONING COMMISSION RECOMMENDATION � � REPLAT OF THE SAYBROOKE ADDITION, LOTS 11R-17R, BLOCK 2 � � AND LOTS 16R-29R, BLOCK 4 ` � � i Chairman Cook reported a vote of 7-0 to approve the replat of � I Lots 11R-17R, Block 2 and Lots 16R-29R, Block 4 of the Saybrooke '� Addition. The subject 4 . 29 acres is located east of State � Highway 121 and north of the proposed Hall-Johnson Road jextension. The replat will adjust lot lines and utility j ! easements for seven (7) lots in Block 2 and eliminate one (1) lot � � in Block 4 . � i � Council Member Traverse, seconded by Council Member Pittman, made � a motion to accept the Commission' s recommendation to approve the � replat. The motion prevailed as follows: M 4 i Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None � Absent: Wilbanks � � ( ITEM 34 . PLANNING & ZONING COMMISSION RECOMMENDATION � � PRELIMINARY PLAT AND FINAL PLAT OF THE A. FOSTER � ADDITION, LOT 1 , BLOCK 1 � Chairman Cook reported a vote of 4-3 to deny the preliminary plat ' and final plat of Lot 1 , Block 1 of the A. Foster Addition. The � j 1 .068 acre tract, located at the southeast corner of Wall Street and the frontage road of State Highway 114 south of the € intersection of Wall Street and Park Boulevard extension. The � i lot was being replatted in order to construct a convenience � store, gas station and a car wash. The requested rezoning ' (Z90-05) and conditional use application (CU90-11) were denied � i without prejudice earlier in the evening. � � �'� � � '� Mayor Pro Tem Ware, seconded by Council Member Pittman, made a ` �� motion to accept the Commission' s recommendation to deny the � preliminary plat and final plat of the subject property. The � motion prevailed by the following vote: � � ' Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays : None � Absent: Wilbanks � � � � ITEM 35 . PLANNING & ZONING COMMISSION RECOMMENDATION � ORDINANCE, AMEND THOROUGHFARE PLAN � � Planning & Zoning Commission Chairman Cook reported the � Commission voted 7-0 to approve the removal of Parr Lane between � Pool Road and State Highway 121 from the City of Grapevine � Thoroughfare Plan 1987-2030 . Staff recommended removal of this � segment after review of the geometrics for a five (5) lane � roadway with a design speed of 45 miles per hour (MPH) that would severely impact Parr Park and the Big Bear Creek flood plain. � � � The caption of the proposed ordinance was read into the record. � � � Council Member Spencer, seconded by Council Member Traverse, made g a motion to adopt the ordinance to remove Parr Lane from the � Thoroughfare Plan between Pool and State Highway 121 . The motion � prevailed by the following vote: � � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � }: Nays . None � Absent: Wilbanks � � x � € � � � � � � ;: 16 � i $ i 08/21/90 1 � i � " � � ORDINANCE NO. 90-52 � ; � � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY � � OF GRAPEVINE, TEXAS, AMENDING ORDINANCE NO. � � 87-15, AS AMENDED, RELATING TO THE � ' THOROUGHFARE PLAN 1987-2030 OF THE CITY OF � GRAPEVINE, TEXAS; PROVIDING A SEVERABILITY � � i CLAUSE; DECLARING AN EMERGENCY AND PROVIDING ; � AN EFFECTIVE DATE i MISCELLANEOUS REPORTS AND/OR DISCUSSION � This item was discussed after Item 34 . � ; � � ITEM 36 . NATIONAL LEAGUE OF CITIES VOTING DELEGATE € ; � �! Council Member Spencer, seconded by Mayor Pro Tem Ware, �� ' made a motion to nominate Council Member Wilbanks as � � the voting delegate for the City of Grapevine at the � i National League of Cities. The straw vote prevailed as t ' follows: � ; Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman Nays . None � Absent: Wilbanks i � � � ADJOURNMENT � � i Council Member Pittman, seconded by Council Member Wickman, made � a motion to adjourn the meeting at 10 : 20 p.m. The vote prevailed as follows: � Ayes . Tate, Ware, Spencer, Traverse, Pittman & Wickman � Nays . None Absent: Wilbanks � PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, , TEXAS on this the 4th day of September , 1990 . APPROVED: � � � C�C� � � � William D. Tate Mayor ATTEST: Linda Huff City Secretary � � �. � � � � 17 � � � � �