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HomeMy WebLinkAbout1999-03-02 Regular Meeting t, AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING WORKSHOP TUESDAY, MARCH 2, 1999 AT 6:30 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 6:30 P.M. CALL TO ORDER 1. Review the proposed ordinance prohibiting commercial vehicles, oversize vehicles and trailer parking on City rights-of-way. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 410-3182 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SPECIAL CITY COUNCIL MEETING WORKSHOP AGENDA WAS PREPARED AND POSTED ON THIS THE 26TH DAY OF FEBRUARY, 1999 AT 5:00 P.M. Linda Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 2nd day of March, 1999 at 6:30 p.m. in City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 6:45 p.m. ITEM 1. DISCUSSION PROPOSED ORDINANCE PROHIBITING COMMERCIAL VEHICLES OVERSIZE VEHICLES AND TRAILER PARKING ON CITY RIGHTS-OF-WAY Assistant City Manager Bruno Rumbelow reviewed the proposed ordinance that would prohibit parking of commercial vehicles, oversized vehicles and trailers on public rights-of- way. The ordinance includes exclusions for those vehicles whose operators are carrying out standard business activities that happen daily all over the community. The Police Department would enforce the ordinance on the City's rights-of-way. Adoption of the proposed ordinance would require residents to park recreational vehicles and trailers, boats and motor homes in their garages, side yard, rear yard or at a storage facility. It was the consensus of the City Council that a public hearing be scheduled prior to adoption of the proposed ordinance. There was no action taken by the City Council. 03/02/99 ADJOURNMENT Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to adjourn the workshop at 7:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 23rd day of March, 1999. APPROVED: w �r' William D. Tate Mayor ATTEST: Lind Huff61(11 City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 2, 1999 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Real property relative to acquisition of land for (1) golf course and (2) parking in the Central Business District under Section 551.072, Texas Government Code. B. Conference with City Manager and Staff to receive information relative to economic development prospects under Section 551.075, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to real property and conference with employees under Sections 551.072 and 551.075, Texas Government Code. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 410-3182 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 26TH DAY OF FEBRUARY, 1999 AT 5:00 P.M. (-�&W-a— 59wi Li a Huff tw". City Secretary SUPPLEMENTAL AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 2, 1999 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET EXECUTIVE SESSION C. Conference with the City Manager to receive information regarding public safety jurisdiction issues under 551.075, Texas Government Code. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 410-3182 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SPECIAL CITY COUNCIL SUPPLEMENTAL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 1ST DAY OF MARCH, 1999 AT 5:00 P.M. Lind Huff City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 2nd day of March, 1999 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney OWN Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:03 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding (A) real property relative to acquisition of land for (1) golf course and (2) parking in the Central Business District; (B) conference with City Manager and Staff to receive information relative to economic development prospects and (C) conference with City Manager regarding public safety jurisdiction issues under Sections 551.072 and 551.075, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Roger Nelson stated there was no action necessary relative to (A) real property relative to acquisition of land for(1) golf course and (2) parking in the Central Business District; (B) conference with City Manager and Staff to receive information relative to economic development prospects and (C) conference with City Manager regarding public safety jurisdiction issues under Sections 551.072 and 551.075, Texas Government Code. 03/02/99 NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 8:50 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 23rd day of March, 1999. APPROVED: William D. Tate Mayor ATTEST: � P LindA Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS ;..X SPECIAL JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, MARCH 2, 1999 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Council Member Roy Stewart JOINT PUBLIC HEARINGS 1. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU98-67 and application for the final plat of Lots 1 R and 3, Block 1, W.R. Boyd Center being a replat of Lot 1, Block 1. The applications were filed by Sencom Associates requesting a conditional use permit for a personal care facility on property located at 401 Boyd Drive and zoned "CC" Community Commercial District Regulations. (Item was tabled at the February 16, 1999 meeting.) 2. City Council and Planning &Zoning Commission to conduct a pubic hearing relative to Zoning Application Z98-28 filed by STS Construction Inc. requesting rezoning of approximately 2.189 acres from "R-20" Single Family District Regulations to "R-7.5" Single Family District Regulations on property located at 4000 Heritage Avenue. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z99-01 filed by Mr. Cary Clarke requesting rezoning of approximately 4.232 acres from "R-20" Single Family District Regulations to "R-7.5" Single Family District Regulations on property located on the southwest corner of Hall-Johnson Road and Roberts Road. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU99-03 filed by Comfort Suites/Hampton Inn requesting a conditional use permit to amend the site plan approved by Ordinance No. 97-51 for a planned commercial center with a forty foot pole sign to allow development of a ninety-eight room Comfort Suites, a ninety-four room Hampton Inn & Suites; two thirty foot flagpoles and the removal of the previously approved forty foot pole sign on property located at 1740 State Highway 121 North. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative "` to Conditional Use Application CU99-04 filed by Sonic Drive-In requesting a conditional use permit to amend the site plan approved by Ordinance No. 98-81 to change the pole sign to a monument sign on property located at 215 West Northwest Highway. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU99-07 filed by Freeman Pontiac GMC requesting a conditional use permit to amend the site plan approved by Ordinance No. 97-137 for a planned commercial center with an auto dealership to allow the addition of vehicle display features and revision to buildings square footage and reduction of off-street parking on property located at 501 State Highway 114 West. 7. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU99-08 filed by Golden Corral requesting a conditional use permit for a restaurant on property located at 1355 South Main Street and zoned "PO" Professional Office District Regulations. 8. City Council and Planning &Zoning Commission to conduct a public hearing relative to the application filed by Mr. Richard Pemberton for the final plat of Lots 1 R and 2R, Block 102, College Heights Addition being a replat of Lots 1 and 2, Block 102. The 0.3213 acre property is located at the southeast corner of Dooley Street and Estill Street. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 410-3182 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SPECIAL JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 26TH DAY OF FEBRUARY, 1999 AT 5:00 P.M. in Huff " City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, MARCH 2, 1999 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS PRESENTATION 9. Deloitte and Touche to present the annual City audit for the year ending September 30, 1998. NEW BUSINESS 10. Consider an ordinance accepting the bids as recommended by First Southwest Company for the sale of Revenue Bonds and take any necessary action. 11. Consider an appointment to the Grapevine Heritage Foundation and take any necessary action. 12. Consider a resolution naming the park in the Belfort and Western Oaks III subdivisions 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 an agreement with the Grapevine Dirty Dozen for the Adopt-A-Road Program for Ira E. Woods Avenue from Main Street to Baylor Parkway. Parks & Recreation Director recommend approval. 14. Consider second and final reading of the Telecommunications Ordinance. Staff recommends approval. 15. Consider a contract with the U.S. Army Corps of Engineers for Off-Duty Law ;`>, Enforcement at Grapevine Lake. Police Chief recommends approval. 16. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Article I, Section 12-2 (a) relative to the adoption of the current State Food Establishment Rules. Development Services Director recommends approval. 17. Consider acceptance of the highest bid for 600 West College Street from Thomas R. and Jeanette Frick and authorize staff to finalize sale. Public Works Director recommends approval. 18. Consider an ordinance abandoning a utility easement in Lot 21, Block 2, Hidden Lakes Estates, Phase Two. Public Works Director recommends approval. 19. Consider an ordinance abandoning the old Pool Road right-of-way immediately south of State Highway 26. Public Works Director recommends approval. 20. Consider a resolution accepting the terms of Texas Transportation Commission Minute Order Number 107736 relating to Bass Pro Drive Bridge Funding participation and authorize the Mayor to execute said resolution. Public Works Director recommends approval. 21. Consider a contract with Turner, Collie and Braden, Inc. for engineering design services on the Dallas Road Parking Facility and the Downtown Area Parking Facility and authorize staff to execute said contract. Public Works Director recommends approval. 22. Consider award of Bid 9149 for Fire Alarm System Upgrade for the Police and Courts Building to the lowest and best bidder meeting specifications, Lone Star Communications. Staff recommends approval. 23. Consider award of Bid 9147 Ground Driven Reel Mower to the lowest and best bidder meeting specifications, Master Turf and Tractor. Staff recommends approval. 24. Consider award of Bid 9154 Rotating Head Inspection Camera to the lowest and best bidder meeting specifications, Baker Equipment Company. Staff recommends approval. 25. Consider a change order to Purchase Order #12069 under Bid 9127 Vehicles for the purchase of a mini-van from Classic Chevrolet. Staff recommends approval. 26. Consider the minutes of the February 16, 1999 City Council meetings. City Secretary recommends approval as published. PURSUANT TO THE TEXAS OPEN MEETINGS ACTS, TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq, ONE OR MORE OF THE ABOVE ITEMS MAY BE CONSIDERED IN EXECUTIVE SESSION CLOSED TO THE PUBLIC. ANY DECISION HELD ON SUCH MATTER WILL BE TAKEN OR CONDUCTED IN OPEN SESSION FOLLOWING THE CONCLUSION OF THE EXECUTIVE SESSION. PLANNING & ZONING COMMISSION RECOMMENDATIONS 27. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU99-06 (Mimi's Cafe) and a subsequent ordinance, if applicable. The application requests a conditional use permit to amend the site plan approved by Ordinance No. 97-08 for a planned commercial center to develop a 6,581 square foot restaurant with the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) with an attached 3,295 square foot retail building on property located at 1449 State Highway 114 West. (Item was tabled by the Planning & Zoning Commission on February 16, 1999.) 28. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU98-67 (Sencom Associates) and a subsequent -j ordinance, if applicable. 29. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lots 1 R and 3, Block 1, W.R Boyd Center and take any necessary action. 30. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z98-28 (STS Construction Inc.) and a subsequent ordinance, if applicable. 31. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Heritage Parc and take any necessary action. 32. Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z99-01 (High Oaks Estates) and a subsequent ordinance, if applicable. 33. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU99-03 (Comfort Suites/Hampton Inn) and a subsequent ordinance, if applicable. 34. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU99-04 (Sonic Drive-In) and a subsequent ordinance, if applicable. 35. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU99-07 (Freeman Pontiac GMC) and a subsequent ordinance, if applicable. 36. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU99-08 (Golden Corral) and a subsequent ordinance, if applicable. 37. Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of Lots 1-3, Block B, Trinity Industries Addition and take any necessary action. 38. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lots 1-3, Block B, Trinity Industries Addition and take any necessary action. 39. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1 R and 2R, Block 102, College Heights Addition and take any necessary action. MISCELLANEOUS REPORTS AND/OR DISCUSSION ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 410-3182 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 26TH DAY OF FEBRUARY, 1999 AT 5:00 P.M. . w Lin a Huff City Secretary CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, MARCH 2, 1999 AT 7:00 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the March 2, 1999 public hearing. ADJOURNMENT IF YOU PLAN TO ATTEND THIS BRIEFING SESSION AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE OFFICE OF DEVELOPMENT SERVICES AT (817) 410-3154 AT LEAST 24 HOURS IN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et. seq. ACTS OF THE 1993 TEXAS LEGISLATURE, THE PLANNING AND ZONING BRIEFING SESSION AGENDA WAS PREPARED AND POSTED ON THIS THE 26TH DAY OF FEBRUARY, 1999 AT 5:00 P.M. Linig Huff City Secretary AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL PLANNING & ZONING COMMISSION MEETING TUESDAY, MARCH 2, 1999 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET OLD BUSINESS 1. Consider Conditional Use Application CU99-06 (Mimi's Cafe) and make a recommendation to the City Council. (Item was tabled at the February 16, 1999 meeting.) NEW BUSINESS 2. Consider Conditional Use Application CU98-67 (Sencom Associates) and make a recommendation to the City Council. 3. Consider the final plat of Lots 1 R and 3, Block 1, W.R Boyd Center and make a recommendation to the City Council. 4. Consider the Zoning Application Z98-28 (STS Construction Inc.) and make a recommendation to the City Council. 5. Consider the preliminary plat of Heritage Parc and make a recommendation to the City Council. 6. Consider Zoning Application Z99-01 (High Oaks Estates) and make a recommendation to the City Council. 7. Consider Conditional Use Application CU99-03 (Comfort Suites/Hampton Inn) and make a recommendation to the City Council. 8. Consider Conditional Use Application CU99-04 (Sonic Drive-In) and make a recommendation to the City Council. 9. Consider Conditional Use Application CU99-07 (Freeman Pontiac GMC) and make a recommendation to the City Council. 10. Consider Conditional Use Application CU99-08 (Golden Corral) and make a recommendation to the City Council. 11. Consider the preliminary plat of Lots 1-3, Block B, Trinity Industries Addition and make a recommendation to the City Council. 12. Consider the final plat of Lots 1-3, Block B, Trinity Industries Addition and make a recommendation to the City Council. 13. Consider the final plat of Lots 1 R and 2R, Block 102, College Heights Addition and make a recommendation to the City Council. CONSIDERATION OF MINUTES 14. Consider the minutes of the February 4 and 16, 1999 Planning & Zoning Commission meetings and take any necessary action. MISCELLANEOUS REPORTS AND/OR DISCUSSION ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 410-3182 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE SPECIAL PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 26TH DAY OF FEBRUARY, 1999 AT 5:00 P.M. Linda Huff VV City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 2nd day of March, 1999 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Kathy Martinez Member Stephen Newby Member Chris Coy Member Herbert Fry Member Cathy Martin Member Kevin Busbee Member Danette Murray 1st Alternate Elaine Christy 2nd Alternate constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Melisa Leal Assistant to the City Manager Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:40 p.m. INVOCATION Council Member Stewart delivered the Invocation. 03/02/99 ITEM 1. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU98-67 FINAL PLAT LOTS 1 R AND 3, BLOCK 1, W.R. BOYD CENTER, SENCOM ASSOCIATES Mayor Tate declared the public hearing open. Development Services Director Hardy reported Conditional Use Application CU98-67 and the application for the final plat of Lots 1 R and 3, Block 1, W.R. Boyd Center being a replat of Lot 1, Block 1 had been filed by Sencom Associates. The conditional use application requests a conditional use permit for a personal care facility on 10.1 acres located at 401 Boyd Drive and zoned "CC" Community Commercial District Regulations. The site plan depicts three major units: an independent living unit (40 one bedroom units and 20 two bedroom units), an assisted living unit containing 50 beds and an Alzheimer's unit consisting of 16 beds. The applicant proposes to include a service/amenities area. Ms. Carol Shoquist requested favorable consideration of the application. Brief questions from the Planning & Zoning Commission were regarding the four parking spaces on the east and west ends of the parking lot. Mayor Tate invited guests present to comment regarding the application. No one wished ,. to speak and there was no correspondence to report. Commissioner Newby, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Coy, Fry, Martin & Busbee Nays: None Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 2. PUBLIC HEARING, ZONING APPLICATON Z98-28 STS CONSTRUCTION INC. Mayor Tate declared the public hearing open. Development Services Director Hardy reported Zoning Application Z98-28 had been filed by STS Construction Inc. requesting rezoning of approximately 2.189 acres from "R-20" Single Family District Regulations to "R-7.5" Single Family District Regulations on property 2 03/02/99 located at 4000 Heritage Avenue. The property is being rezoned to reduce the minimum lot size requirement for the development of seven residential lots. Mr. Dick Blackard requested favorable consideration of the application. Questions from the City Council and the Planning & Zoning Commission were concerning the proposed density, the front setbacks, amount of green space and parking for the residents and their guests. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the City Council and the Planning & Zoning Commission had been copied the one letter of support and the two letters against the rezoning application. Commissioner Martinez, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Coy, Fry, Martin & Busbee Nays: None Council Member Johnson, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z99-01 MR. CARY CLARKE Mayor Tate declared the public hearing open. Development Services Director Hardy reported Zoning Application Z99-01 had been filed by Mr. Cary Clarke requesting rezoning of approximately 4.232 acres from "R-20" Single Family District Regulations to "R-7.5" Single Family District Regulations on property located on the southwest corner of Hall-Johnson Road and Roberts Road. The property is being rezoned for development of 14 single-family residences with one common area. Mr. Cary Clarke and Mr. David Washington requested favorable consideration of the application. Questions from the Planning &Zoning Commission related to the drainage of the property and the need for the proposed detention pond. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the City Council and the Planning & Zoning 3 03/02/99 Commission had been copied the six letters of opposition and the one letter supporting the application. Commissioner Coy, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Coy, Fry, Martin & Busbee Nays: None Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None _ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU99-03, COMFORT SUITES/HAMPTON INN Mayor Tate declared the public hearing open. Development Services Director Hardy advised Conditional Use Application CU99-03 had been filed by Comfort Suites/Hampton Inn requesting a conditional use permit to amend mom the site plan approved by Ordinance No. 97-51 for a planned commercial center with a 40 foot pole sign to allow development of a five story, 98 room Comfort Suites; a five story, 94 room Hampton Inn & Suites; the addition of two 30 foot flagpoles, one adjacent to each hotel; and the removal of the previously approved 40 foot pole sign on property located at 1740 State Highway 121 North. Mr. Jim Koch and Mr. Shafiq Hirani requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the City Council and the Planning & Zoning Commission had been copied the one letter supporting the application. Commissioner Fry, seconded by Commissioner Busbee, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Coy, Fry, Martin & Busbee Nays: None Council Member Stewart, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: 4 03/02/99 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 5. PUBLIC HEARING, CONDITIONAL USE CU99-04 SONIC DRIVE-IN Mayor Tate declared the public hearing open. Development Services Director Hardy advised Conditional Use Application CU99-04 had been filed by Sonic Drive-In requesting a conditional use permit to amend the site plan approved by Ordinance No. 98-81 to replace the approved pole sign with a monument sign with 50% changeable copy on property located at 215 West Northwest Highway. Mr. Mike Ware requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Newby, seconded by Commissioner Busbee, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Coy, Fry, Martin & Busbee Nays: None Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 6. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU99-07 FREEMAN PONTIAC GMC Mayor Tate declared the public hearing open. Development Services Director Hardy advised Conditional Use Application CU99-07 had been filed by Freeman Pontiac GMC requesting a conditional use permit to amend the site plan approved by Ordinance No. 97-137 for a planned commercial center with an auto dealership to allow the addition of vehicle display features for new cars, the addition of 2,326 square feet to the service and parts building, the reduction of the new car showroom by 150 square feet, the reduction of the used car showroom from 4,064 square feet to 2,275 square feet, the reduction of the automatic car wash from 1,380 square feet to 799 square feet, and the reduction of required off-street parking from 222 spaces to 214 spaces. The 9.8220 acre property is located at 501 State Highway 114 West and is zoned 5 03/02/99 "CC" Community Commercial District Regulations. own Mr. Robert Schneeberg requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Coy, seconded by Commissioner Martinez, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Coy, Fry, Martin & Busbee Nays: None Council Member Johnson, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU99-08 GOLDEN CORRAL RESTAURANTS Mayor Tate declared the public hearing open. Development Services Director Hardy advised Conditional Use Application CU99-08 had been filed by Golden Corral Restaurants requesting a conditional use permit for a 9,995 square foot restaurant on property located at 1355 South Main Street and zoned "PO" Professional Office District Regulations. The applicant has provided 126 parking spaces, ten more than the minimum requirement and the restaurant has a seating capacity of 348. Mr. Gordon Mayer requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Newby, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Coy, Fry, Martin & Busbee Nays: None 6 03/02/99 Council Member Stewart, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 8. PUBLIC HEARING FINAL PLAT LOTS 1 R AND 2R, BLOCK 102, COLLEGE HEIGHTS ADDITION, REPLAT OF LOTS 1 AND 2, BLOCK 102 Mayor Tate declared the public hearing open. Junior Civil Engineer Steve Homeyer reported Mr. Richard Pemberton had filed the application for the final plat of Lots 1 R and 2R, Block 102, College Heights Addition being a replat of Lots 1 and 2, Block 102. The 0.3213 acre property is located at the southeast corner of Dooley Street and Estill Street and is being replatted to reconfigure two residential lots for development. Mr. Richard Pemberton requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. n Commissioner Coy, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Martinez, Newby, Coy, Fry, Martin & Busbee Nays: None Mayor Pro Tern Ware, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. 7 03/02/99 ITEM 8A. CITIZENS COMMENT, MR. IRVING HESSOM pow Mr. Irving Hessom, 323 West Worth Street, addressed the City Council regarding the lack of current movies that are available at the Grapevine Library. He stated the City's , inventory of movies is at least 20 years old and questioned whether the City Council would authorize the Library staff to purchase more recently released movies. Council Member Spencer responded that approximately thirteen years ago when the Library began acquiring videos, the City Council determined not to place the City in competition with the video stores in the community. Funds allocated for videos are used for children's videos and classics. The Library's mission will continue to be to provide reference material to the patrons and will continue to include instructional videos. ITEM 9. 1998 CITY AUDIT FILING, DELOITTE AND TOUCHE Administrative Services Director William Gaither introduced Mr. Terry Kile, Partner with Deloitte and Touche, who presented the annual City audit for the year ending September 30, 1998. Mr. Kile stated the financial statements of the City of Grapevine present fairly the financial position of the City. The opinion rendered is an "unqualified opinion" meaning that there were no material exceptions found to the fairness criteria under which the records were analyzed. Mr. Kile reported the audit includes an audit of the Tax Increment Financing District (TIF), as well as an audit meeting "single audit" criteria necessary for pow compliance with receipt of State and Federal grant monies, and no material exceptions were found. Council Member Stewart and Council Member Freed commended City Manager Nelson, Mr. Gaither, Finance Manager Fred Werner and the Finance Department Staff for their excellent record keeping policies that enabled the City to receive the 1998 audit without any discrepancies. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the City's 1998 financial audit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 10. ORDINANCE, ACCEPT BID AND AUTHORIZE SALE OF WATER AND SEWER REVENUE BONDS, SERIES 1999 Administrative Services Director Gaither introduced Mr. David Medanich, representing the City's financial advisor, First Southwest Company, who presented the bids for the sale of $7,400,000.00 of Water and Sewer Revenue Bonds, Series 1999. Mr. Medanich reported the City's rating with Moody's Investors Service, Inc. is "Baal" and an "A" rating with Standard & Poor's Group. He recommended the City award the bid to the lowest bidder, Legg Mason Wood Walker, Inc., at 4.83%. 8 03/02/99 Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to accept the bid of Legg Mason Wood Walker, Inc. at 4.83% for the sale of$7,400,000.00 Water and Sewer Revenue Bonds, Series, 1999, as recommended by First Southwest Company and adopt the ordinance authorizing the sale of the bonds. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 99-29 AN ORDINANCE OF THE CITY COUNCIIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF GRAPEVINE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1999, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,400,000; PROVIDING FOR THE SECURITY FOR AN PAYMENT OF SAID BONDS; APPROVING THE OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 11. GRAPEVINE HERITAGE FOUNDATION APPOINTMENT Council Member Johnson offered a motion to appoint Ms. Patricia Stinson to the Grapevine Heritage Foundation for a three month term to fill the vacancy created by the resignation of Ms. Debbie Venable. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 12. RESOLUTION, NAMING OAK RIDGE PARK Parks & Recreation Director Doug Evans reported the Parks & Recreation Advisory Board recommended approval of a resolution naming the new park in the Belfort and Western Oaks III residential subdivisions as Oak Ridge Park. Council Member Wilbanks, seconded by Mayor Pro Tern Ware, offered a motion to adopt the resolution naming the new park. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Stewart requested the City Council consider naming a portion of the City's hike and bike trail system after Council Member Wilbanks in honor of his dedication to the 9 03/02/99 trail system program. Mayor Tate noted the Council would take that into consideration at a later date. RESOLUTION NO. 99-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DESCRIBING THE LOCATION OF UNNAMED CITY PARK PROPERTY AND DETERMINING A NAME FOR SAID PARK,OAK RIDGE PARK, AND PROVIDING AN EFFECTIVE DATE CONSENT AGENDA The next order of business for the City Council was 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 Spencer removed Item 20 Resolution, Approval of Texas Transportation Commission Minute Order, Bass Pro Drive Bridge Funding. Item 13. Adopt-A-Road Program, Grapevine Dirty Dozen Parks & Recreation Director recommended approval of an agreement with the Grapevine „ Dirty Dozen for the Adopt-A-Road Program for the north side of Ira E. Woods Avenue from Main Street to Baylor Parkway. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 14. Ordinance, Second and Final Reading, Telecommunications Ordinance Staff recommended approval of the second and final reading of the Telecommunications Ordinance which would apply to all telecommunications providers offering service in the Grapevine City limits. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 99-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 10 03/02/99 r GRAPEVINE, TEXAS, TO ESTABLISH RULES AND REGULATIONS GOVERNING THE USE OF CITY PUBLIC RIGHTS-OF-WAY, PROVIDING FOR MUNICIPAL CONSENT PROCEDURES AND CONSTRUCTION OBLIGATIONS, PROVING A CLAUSE RELATING TO SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Item 15. Contract, Off-Duty Law Enforcement at Grapevine Lake Police Chief recommended approval of a contract with the U.S. Army Corps of Engineers for Off-Duty Law Enforcement at Grapevine Lake for six months (April through September) to be funded 100% by the U.S. Army Corps of Engineers. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 16. Ordinance Amend Chapter 12 Health and Sanitation ...4 Development Services Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Article I, Section 12-2 (a) relative to the adoption of the current State Food Establishment Rules. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO.99-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 12, ARTICLE I, SECTION 12-2(a); REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE 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 11 03/02/99 WPM Item 17. Accept Bid Sale of 600 west College Street Public Works Director recommended acceptance of the highest bid for 600 West College Street from Thomas R. and Jeanette Frick in the amount of$136,111.00 and authorization for staff to finalize sale. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 18 Ordinance Abandon Utility Easement, Hidden Lake Estates, Phase Two Public Works Director recommended approval of an ordinance abandoning a 10 foot utility easement in Lot 21, Block 2, Hidden Lakes Estates, Phase Two. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed pop Nays: None ORDINANCE NO. 99-32 = AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A UTILITY EASEMENT IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SERVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Item 19. Ordinance Abandon Old Pool Road Right-of-Way Public Works Director recommended approval of an ordinance abandoning the old Pool Road right-of-way immediately south of State Highway 26. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 99-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 12 03/02/99 a GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF THE POOL ROAD RIGHT-OF-WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; SAVE AND EXCEPT THE RETENTION OF SAID RIGHT-OF-WAY FOR A DRAINAGE AND UTILITY EASEMENT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 20. RESOLUTION, APPROVAL OF TEXAS TRANSPORTATION COMMISSION MINUTE ORDER, BASS PRO DRIVE BRIDGE FUNDING Action was taken on this item after Item 26. Public Works Director recommended approval of a resolution accepting the terms of Texas Transportation Commission Minute Order Number 107736 relating to Bass Pro Drive Bridge Funding participation and authorization for the Mayor to execute said resolution. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: .« Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Spencer RESOLUTION NO. 99-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS ACCEPTING THE PROVISIONS CONTAINED IN TEXAS TRANSPORTATION COMMISSION MINUTE ORDER 107736 PASSED ON JANUARY29,1999 FOR THE WIDENING OF BASS PRO DRIVE BETV\EEN STATE HIGHWAY 26 AND STATE HIGHWAY 121; AND PROVIDING AN EFFECTIVE DATE Item 21. Contract Dallas Road Parking Facility/Downtown Area Parking Turner Collie and Braden, Inc. Public Works Director recommended approval of a contract with Turner, Collie and Braden, Inc. in an amount not to exceed $66,451.00 for engineering design services on the Dallas Road Parking Facility and the Downtown Area Parking Facility and authorization for Staff to execute said contract. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Now 13 03/02/99 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 22. Award Bid 9149 Fire Alarm System Upgrade Staff recommended award of Bid 9149 for Fire Alarm System Upgrade for the Police and Courts Building to the lowest and best bidder meeting specifications, Lone Star Communications, in the amount of$24,995.00. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 23. Award Bid 9147 Ground Driven Reel Mower Staff recommended award of Bid 9147 Ground Driven Reel Mower to the lowest and best bidder meeting specifications, Master Turf and Tractor, in the amount of$15,129.00. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve �• as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 24. Award Bid 9154 Rotating Head Inspection Camera Staff recommended award of Bid 9154 Rotating Head Inspection Camera to the lowest and best bidder meeting specifications, Baker Equipment Company, in the amount of $17,800.00. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 25. Change Order, Bid 9127 Vehicles Staff recommended approval of a change order to Purchase Order#12069 under Bid 9127 Vehicles for the purchase of a mini-van from Classic Chevrolet in the amount of $20,367.00. 14 03/02/99 Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 26. Consideration of Minutes City Secretary recommended approval of the minutes of the February 16, 1999 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU99-06 MIMI'S CAFE Development Services Director reported the Commission voted 7-0 for approval of Conditional Use Application CU99-06 filed by Mimi's Cafe granting a conditional use permit to amend the site plan approved by Ordinance No. 97-08 for a planned commercial center to develop a 6,581 square foot restaurant with the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) with an attached 3,295 square foot retail building on property located at 1449 State Highway 114 West. Mayor Pro Tern Ware, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 99-34 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU99-06 TO " AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 97-08 FOR A PLANNED COMMERCIAL CENTER TO DEVELOP A RESTAURANT WITH THE POSSESSION, 15 03/02/99 STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) ALONG WITH THE DEVELOPMENT OF A RETAIL BUILDING IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL 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 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 ($2,000.00) 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 28. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION SENCOM ASSOCIATES Development Services Director Hardy reported the Commission voted 7-0 for approval of Conditional Use application CU98-67 with the removal of the parking spaces at the east and west end of the parking lot. Approval of Conditional Use Application CU98-67 filed by Sencom Associates grants a conditional use permit for a personal care facility on property located at 401 Boyd Drive and zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation with the removal of the parking spaces and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 99-35 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 ""A' KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU98-67 TO 16 03/02/99 ALLOW THE DEVELOPMENT OF A PERSONAL CARE FACILITY IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL 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 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 ($2,000.00) 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 29. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1RAND 3 BLOCK 1, W.R. BOYD CENTER Development Services Director Hardy reported the Commission voted 7-0 to approve the Statement of Findings and the final plat of Lots 1R and 3, Block 1, W.R. Boyd Center located at the northwest corner of Northwest Highway and Boyd Drive. The 13.091 acre site is being platted for development of an assisted care facility. Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of lots 1 R and 3, Block 1, W. R. Boyd Center. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z98-28 STS CONSTRUCTION INC. Development Services Director Hardy reported the Commission voted 7-0 for denial of Zoning Application Z98-28 filed by STS Construction Inc. requesting rezoning of approximately 2.189 acres from "R-20" Single Family District Regulations to "R-7.5" Single Family District Regulations on property located on the southwest corner of Hall-Johnson Road and Roberts Road. Mr. Hardy cited concerns with the increased density proposed by the single family development. 17 03/02/99 Council Member Freed, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial of the zoning application. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT HERITAGE PARC Development Services Director Hardy reported the Commission voted 7-0 for denial of the Statement of Findings and the preliminary plat of Heritage Parc. The 1.565 acre property is located at the southwest corner of Heritage Avenue and Hall-Johnson Road. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation for denial of the Statement of Findings and the preliminary plat of Heritage Parc. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 32. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z99-01 HIGH OAKS ESTATES Development Services Director Hardy reported the Commission voted 7-0 for approval of Zoning Application Z99-01 filed by Mr. Cary Clarke granting rezoning of approximately 4.232 acres from "R-20" Single Family District Regulations to "R-7.5" Single Family District Regulations. The subject property is located at the southeast corner of the intersection of Hall-Johnson Road and Roberts Road and is being rezoned for development of 14 single family residences with one common area. Mayor Pro Tern Ware, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the zoning change. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 99-36 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 Z99-01 ON A TRACT OF LAND OUT OF THE G. MINTER SURVEY, ABSTRACT 18 03/02/99 NO. 1-34, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND 1-1 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 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 33. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU99-03 COMFORT SUITES/HAMPTON INN Development Services Director Hardy reported the Commission voted 7-0 for approval of Conditional Use Application CU99-03 filed by Comfort Suites/Hampton Inn granting a conditional use permit to amend the site plan approved by Ordinance No. 97-51 for a planned commercial center with a forty foot pole sign to allow development of a 98 room Comfort Suites, a 94 room Hampton Inn & Suites, two 30 foot flagpoles and the removal of the previously approved 40 foot pole sign on property located at 1740 State Highway 121 North. The subject property contains 3.3 acres and is zoned "CC" Community Commercial District Regulations. Council Member Wilbanks, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Spencer ORDINANCE NO. 99-37 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE mow NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE 19 03/02/99 OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU99-03 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE 97-51 FOR A PLANNED COMMERCIAL CENTER WITH A FORTY (40) FOOT POLE SIGN TO ALLOW A NINETY-EIGHT ROOM COMFORT SUITES, A NINETY-FOUR ROOM HAMPTON INN & SUITES, TWO THIRTY (30) FOOT FLAGPOLES, AND THE REMOVAL OF THE PREVIOUSLY APPROVED FORTY (40) FOOT POLE SIGN IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL 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 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 ($2,000.00) 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 34. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU99-04 SONIC DRIVE-IN Development Services Director Hardy reported the Commission voted 7-0 for approval of Conditional Use Application CU99-04 filed by Sonic Drive-In granting a conditional use permit to amend the site plan approved by Ordinance No. 98-81 to change the approved pole sign to a monument sign with 50% changeable copy. The subject property is located at 215 West Northwest Highway and is zoned "HC" Highway Commercial District Regulations. Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Ware 20 03/02/99 ORDINANCE NO. 99-38 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU99-04 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 98-81 FOR OUTSIDE DINING TO CHANGE THE POLE SIGN TO A MONUMENT SIGN IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL 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 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 ($2,000.00) 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 35. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU99-07 FREEMAN PONTIAC GMC Development Services Director Hardy reported the Commission voted 7-0 for approval of Conditional Use Application CU99-07 filed by Freeman Pontiac GMC granting a conditional use permit to amend the site plan approved by Ordinance No. 97-137 for a planned commercial center with an auto dealership to allow the addition of vehicle display features and revision to buildings square footage and the reduction of off-street parking on property located at 501 State Highway 114 West. Council Member Spencer, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 21 03/02/99 ORDINANCE NO. 99-39 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU99-07 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 97-137 FOR A PLANNED COMMERCIAL CENTER WITH AN AUTO DEALERSHIP TO ALLOW THE ADDITION OF VEHICLE DISPLAY FEATURES, REVISION TO THE BUILDINGS SQUARE FOOTAGE AND REDUCTION OF OFF- STREET PARKING IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL 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 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 ($2,000.00) 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 36. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU99-08 GOLDEN CORRAL Development Services Director Hardy reported the Commission voted 5-2 for denial of Conditional Use Application CU98-08 filed by Golden Corral requesting a conditional use permit for a restaurant on property located at 1355 South Main Street. He stated the Commission had concerns regarding the scope and size of the proposed restaurant. Mayor Pro Tern Ware, seconded by Council Member Freed, offered a motion to approve the ordinance granting the conditional use permit with the applicant agreeing to change the pole sign to a monument sign. The motion failed by the following vote: Ayes: Tate, Ware, Stewart & Freed Nays: Spencer, Wilbanks & Johnson 22 03/02/99 ITEM 37. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS>-1-3, BLOCK B. TRINITY INDUSTRIES ADDITION Development Services Director Hardy reported the Commission voted 7-0 for denial of the Statement of Findings and the preliminary plat of Lots 1-3, Block B, Trinity Industries Addition located at the southeast corner of Main Street and Hanover Drive. The 5.167 acre tract is zoned "CC" Community Commercial District Regulations. Council Member Spencer, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and for denial of the Statement of Findings and the preliminary plat of Lots 1-3, Block B, Trinity Industries. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 38. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-3 BLOCK B. TRINITY INDUSTRIES ADDITION Development Services Director Hardy reported the Commission voted 7-0 for denial of the Statement of Findings and the final plat of Lots 1-3, Block B, Trinity Industries Addition s located at the southeast corner of Main Street and Hanover Drive. Council Member Spencer, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation for denial of the Statement of Findings and the final plat of Lots 1-3, Block B, Trinity Industries Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 39. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 R AND 2R, BLOCK 102, COLLEGE HEIGHTS ADDITION Development Services Director Hardy reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 R and 2R, Block 102, College Heights Addition. The 0.3213 acre property is zoned "R-7.5" Single Family District Regulations and is being platted to reconfigure two residential lots located on the southeast corner of Dooley Street and Estill Street. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final 23 03/02/99 plat of Lots 1 R and 2R, Block 102, College Heights Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None MISCELLANEOUS REPORTS AND/OR DISCUSSION ITEM 40. AUDIT REPORT City Manager Nelson commended the Finance Department for their outstanding work for the City to receive the excellent 1998 Audit Report. ITEM 41. FIRE CHIEF RETIREMENT City Manager Nelson reported Fire Chief Billy Powers had submitted his letter of retirement that will be effective August 31, 1999. Chief Powers has served the City of Grapevine for over 25 years. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 8:50 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 23rd day of March, 1999. APPROVED: William . Tate Mayor own 24 03/02/99 ATTEST: 4dHuff City Secretary 25 pow pow .w� ITEM # MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: MARCH 2, 1999 SUBJECT: AMENDMENTS TO GRAPEVINE CODE gcDl OF ORDINANCES, SECTION 12-2(a) RECOMMENDATION Staff recommends City Council approve amendments to Grapevine Code of Ordinances Chapter 12, Health and Sanitation, Article I, Section 12-2(a) relating to the adoption of the current State of Texas Food Establishment Rules as follows: Section 1. That Chapter 12, Article I., Section 12-2, Paragraph (a) is hereby amended to read as follows: Sec. 12-2 Food service sanitation — State regulations adopted, compliance with rules end manuals. (a) There is hereby adopted by reference the Texas Department ef Health, Divi"Rules n Retail C d Stere C '{ ♦' 229,221 Texas Department of Health Bureau of Food and Drug Safety, Retail Foods Division "Texas Food Establishment Rules 25 TAC .4$ 229.161 — 229.171, 229.173—229 175 " "The Texas Food, Drug and Cosmetic Act" (article 4476-5, Vernon's Civil Statutes), and "Texas Sanitation and Health Protection Law' (V.C.S., article 4477-1). BACKGROUND INFORMATION Euless has recently adopted these rules and has requested that Grapevine take the same action. The primary change from the previous requirements is that the new document combines the old food service rules and retail food store requirements into a single publication. Other changes include: recognition of current scientific knowledge on food safety and food protection, new food processing development, and knowledge of specific foodborne pathogens; long term storage temperature for potentially hazardous foods is reduced from 45 to 41 degrees with a 5-year phase-in period for existing equipment; date marking is required for prepared-on-premise ready to eat potentially hazardous foods and for commercially processed ready to eat potentially hazardous foods which have been opened; food handlers are not required to wear gloves when contacting ready-to-eat foods with hands but may use deli tissues, tongs, spatulas, or other suitable utensils in order to preclude bare hand contact; much more specific requirements are included which restrict or exclude food employees who have been diagnosed with or have symptoms of specific infectious diseases. Consent Agenda Wording: City Council to consider amendments to Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Article I, Section 12-2(a), relating to the adoption of the current State Food Establishment Rules.