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HomeMy WebLinkAbout1997-12-02 Joint Meeting ` AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, DECEMBER 2, 1997 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET DINNER AT 7:00 P.M. CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Pending or contemplated litigation relative to the Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 � West under Section 551.071, 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 pending or contemplated litigation and conference with employees under Sections 551.071 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 NOVEMBER, 1997 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 December, 1997 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 Tem Sharron Spencer Council Member Jerry L. Pittman Council Member Clydene Johnson Council Member Roy Stewart Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the City Staff: Roger Nelson City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:05 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding (A) pending or contemplated litigation relative to Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West and (B) conference with City Manager and Staff to receive information relative to economic development prospects under Sections 551.071 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 (A) relative to pending or contemplated litigation �,,, relative to Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West and (B) conference with City Manager and Staff to receive information relative to economic development prospects under Sections 551.071 and 551.075, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. 12/02/97 ADJOURNMENT � Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to adjourn the meeting at 9:35 p.m. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of January , �ggg, APPROVED: William D. Tate Mayor ATTEST: Lind� Huff City Secretary ,... 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL � & PLANNING & ZONING COMMISSION MEETING TUESDAY, DECEMBER 2, 1997 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Paul Dunn JOINT PUBLIC HEARINGS 1. City Council and Planning &Zoning Commission to conduct a public hearing relative , to Zoning Application Z97-18 and Conditional Use Application CU97-47 filed by ' RandalPs Properties, Incorporated/Tom Thumb. The zoning application requests � rezoning of approximately 7.719 acres from "R-MF-2" Multi-family District Regulations to "CC° Community Commercial District Regulations on property located at 4000 William D. Tate Avenue. The conditional use application requests a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requests a conditional use permit to establish a planned commercial center with the possession, storage, retail sale and ' off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a grocery store. 2. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU97-54 filed by McDonald's Corporation requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to amend a site plan approved by Ordinance No. 97-87 to develop a 5,300 square foot restaurant. The property is located at 5345 William D. Tate Avenue and is zoned "CC'Community Commercial District Regulations with a planned commercial center designation. . 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU97-56 filed by Longhorn Pipe and Supply requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to allow outside storage in conjunction with the operation of a sprinkler supply =q company. The property is located at 141 Central Avenue and is zoned "HC" Highway Commercial District Regulations. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU97-59 filed by Freeman Pontiac requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to amend a site plan approved by Ordinance No. 97-84 for an automobile dealership to reconfigure and relocate buildings, and the addition of off-street and display parking spaces. The property is located at 501 State Highway 114 West and is zoned "CC" Community Commercial District Regulations. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z97-20 filed by The Fishel Company requesting rezoning of approximately 14.324 acres from "PCD" Planned Commerce Development District to "LI" Light Industrial District. The property is located at 5325 State Highway 360. 6. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z97-21 filed by Dr. David Hubbell, D.D.S. requesting rezoning of approximately 0.697 acres from "PO" Professional Office District Regulations and 0.566 acres from "CC' Community Commercial District Regulations to "CC" Community Commercial District Regulations which will be deed restricted to "PO" Professional Office District Regulations for development of a dental office. The property is located at 1650 West Northwest Highway. ' 7. City Council and Planning &Zoning Commission to conduct a public hearing relative to Zoning Application Z97-23 filed by the City of Grapevine requesting reioning of approximately 13.637 acres on Tract 1 and 38.581 acres on Tract 2 from "R-20" Single-family District Regulations to "GU" Governmental Use District. The property is located at 2779 Freeport Parkway and is to be developed as a city park. 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 W 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 JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 26TH DAY OF NOVEMBER, 1997 AT 5:00 P.M. Lind Huff City Secretary . AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 2, 1997 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET : CITIZEN COMMENTS : NEW BUSINESS 8. Consider an ordinance amending Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-63 No Parking; restricted parking zones and take any necessary action. 9. Consider an ordinance amending Ordinance No. 96-07 modifying the boundaries of the Tax Increment Financing District 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. 10. Consider an interlocal agreement with Tarrant County for Fourth Year Participation in the Tarrant County Narcotics Task Force. Police Chief recommends approvaL 11. Consider Change Order No. 1 to the 22nd and 23rd Year Community Development Block Grant Project- Sidewalk, Barrier-free Ramps and Street Light Improvements and authorization for Staff to execute said change order. Public Works Director recommends approval. 12. Consider Change Order No. 2 and Final to the Grapevine Mills Anderson-Gibson Road Offsite Project and authorization for Staff to execute said change order. Public Works Director recommends approvaL 13. Consider Change Order No. 3 and Final to the Grapevine Mills Paving Phase I Project and authorization for Staff to execute said change order. Public Works Director recommends approvaL 14. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 � Traffic, Section 23-26 Speed Limits relative to Anderson-Gibson Road. Public Works Director recommends approvaL 15. Consider renewal of Bid 96-676R Reinforced Concrete Pipe annual contract to Hydro Conduit Corporation. Public Works Director recommends approval. 16. Consider renewal of Bid 96-677 Material Hauling annual contract to J.T.M. Materials and Henry Reed Trucking. Public Works Director recommends approvaL 17. Consider renewal of Bid 96-678 Sand & Gravel annual contract to Marock, Inc., Texas Industries, Caylor Specialty and Lowery Sand & Gravel. Public Works Director recommends approvaL 18. Consider rejecting all bids received for Bid 8073 Material Disposal Contract. Staff recommends approvaL 19. Consider award of Bid 8074 Golf Carts for Items 1 and 2 to the lowest and best bidder meeting specifications, E-Z Go Golf Car Company, and reject all bids . received for Item 3. Administrative Services Director recommends approvaL 20. Consider award of Bid 8075 Additional Vehicles to the lowest and best bidders meeting specifications: Village Ford; Payton Wright Ford; and Classic Chevrolet. Staff recommends approval. 21. Consider ratification of the purchase of a police vehicle from Payton Wright Ford under Bid 8064 to replace a vehicle damaged in an accident November 15, 1997. Police Chief recommends approvaL PURSUANT TO THE TEXAS OPEN MEETINGS ACT, 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 22. Consider the recommendation of the Planning &Zoning Commission relative Zoning Application Z97-18 (Tom Thumb) and a subsequent ordinance, if applicable. 23. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU97-47 (Tom Thumb) and a subsequent ordinance, if applicable. 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 NOVEMBER, : 1997 AT 5:00 P.M. L' da uff City Secretary CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, DECEMBER 2, 1997 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 December 2, 1997 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 NOVEMBER, 1997 AT 5:00 P.M. Lind Huff ': City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, DECEMBER 2, 1997 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Zoning Application Z97-18 (Tom Thumb) and make a recommendation to the City Council. ' 2. Consider Conditional Use Application CU97-47 (Tom Thumb) and make a recommendation to the City CounciL 3. Consider the preliminary plat of Lots 1, 2, 3 and 4, Block 1, of the Tom Thumb Addition No. 1 and make a recommendation to the City CounciL 4. Consider the final plat of Lots 1, 2, 3 and 4, Block 1, of the Tom Thumb Addition No. 1 and make a recommendation to the City CounciL 5. Consider Conditional Use Application CU97-54(McDonald's Corporation) and make a recommendation to the City Council. 6. Consider Conditional Use Application CU97-56 (Longhorn Pipe and Supply) and make a recommendation to the City CounciL � 7. Consider Conditional Use Application CU97-59 (Freeman Pontiac) and make a recommendation to the City Council. 8. Consider the final plat of Lot 1 R, Block A, Freeman Addition and make a recommendation to the City Council. 9. Consider Zoning Application Z97-20 (The Fishel Company) and make a recommendation to the City CounciL 10. Consider Zoning Application Z97-21 (David Hubbell) and make a recommendation to the City CounciL 11. Consider the final plat of Hubbell DDS Addition and make a recommendation to the City CounciL ' 12. Consider Zaning Application Z97-23 (City of Grapevine) and make a recommendation to the Gity Cauncil. 13. Discuss proposed amendments to Appendix D, Comprehensive Zoning Ordinance ' No. 82-73, as amended, Sectian 56 Off-Street Parking Requirements, Section 21 � "R-MF-1"' Multi-family District Regulations and Section 22 "R-MF-2" Muiti-family ; District Regulations relatiue to apartmen#s, condominiums, triplexes and fourplexes and take any necessary action. MISCELLRNEOUS REPORTS AND/4R DISCUSSIClN ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIRL ARRANGEMENT�AT THE MEETING, PLEASE C4NTACT THE CITY SECRETARY'S OFFICE AT (817) 41q-3182 AT LEAST 24 HOURS IN ADVANCE OF THE MEETING. REASONABI�E ACCQMMQDATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS G4VERNMENT CODE, CHAPTER 551.C10� e# seq, . ACTS OF THE 1993 TEXAS �EGISLATURE, THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON TH1S THE 26TH DAY OF NtJVEMBER, 1997 AT 5:00 P.M. Lind uff 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 Special Joint Session on this the 2nd day of December, 1997 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 Tem Sharron Spencer Council Member Jerry L. Pittman Council Member Clydene Johnson Council Member Roy Stewart Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Darlene Freed Vice Chairman Stephen Newby Member Chris Coy Member Paul Dunn 1st Alternate Cathy Martin 2nd Alternate constituting a quorum, with Commissioner Herbert Fry and Commissioner Kathy Martinez absent, with the following members of the City Staff: Roger Nelson City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:30 p.m. INVOCATION Commissioner Dunn delivered the Invocation. 12/02/97 ' ITEM 1A. PRESENTATION, PROCLAIM GRAPEVINE LAKE DAY � Mayor Tate presented a proclamation declaring December 5, 1997 as Grapevine Lake Day in commemoration of the 50th anniversary of the ground breaking of the construction project for Grapevine Lake Dam. On December 5, 1947, citizens and elected officials from Grapevine, Fort Worth, Dallas, University Park and Highland Park joined with representatives from the Corps of Engineers for the ground breaking ceremony. Grapevine Reservoir Manager Charlie Berger accepted the proclamation on behalf of the Corps of Engineers. ITEM 1. PUBLIC HEARING, ZONING APPLICATION Z97-18 AND CONDITIONAL USE APPLICATION CU97-47, RANDALL'S PROPERTIES, INCORPORATED/TOM THUMB Mayor Tate declared the public hearing open. Development Services Director Hardy stated Zoning Application Z97-18 and Conditional Use Application CU97-47 had been filed by Randall's Properties, Incorporated/Tom Thumb. The zoning application requests rezoning of approximately 7.719 acres from "R-MF-2" Multi-family District Regulations to "CC" Community Commercial District Regulations on property located at 4000 William D. Tate Avenue. The conditional use application requests a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requests a conditional use permit to establish a planned commercial center with the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a grocery store. A 62,000 square foot grocery store (Tom Thumb Food & Pharmacy Store) is planned for the development. Mr. Michael Twichell, representing the applicant, requested favorable consideration of the applications. City Council and the Planning & Zoning Commission briefly discussed the location of the loading docks and landscaping. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Dunn, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Freed, Newby, Coy, Dunn & Martin Nays : None Abstain: Oliver Absent : Martinez & Fry 2 12/02/97 Council Member Pittman, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ITEM 2. PUBLIC HEARING. CONDITIONAL USE APPLICATION CU97-54, MCDONALD'S Mayor Tate declared the public hearing open. Development Services Director Hardy reported Conditional Use Application CU97-54 had been filed by McDonald's Corporation requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to amend a site plan approved by Ordinance No. 97-87 to develop a 5,300 square foot restaurant and a 20 foot pole sign. The property is located at 5345 William D. Tate Avenue and is zoned "CC" Community Commercial District Regulations with a planned commercial center designation with the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with a grocery store. Mr. Hardy advised the site plan depicts cross access to the existing service station and the proposed Winn Dixie. Mr. Jack McMillan, representing the applicant, requested favorable consideration of the application. Questions from the City Council and the Planning & Zoning Commission centered on the proposed 20 foot pole sign. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported there was one letter of opposition copied to the City Council and Commission. Commissioner Newby, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Oliver, Freed, Newby, Coy, Dunn & Martin Nays : None Absent: Martinez & Fry Council Member Pittman, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: 3 12/02/97 Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart R Nays : None Absent: Wilbanks ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU97-56, LONGHORN PIPE AND SUPPLY Mayor Tate declared the public hearing open. Development Services Director Hardy reported Conditional Use Application CU97-56 had been filed by Longhorn Pipe and Supply requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to allow outside storage in conjunction with the operation of a sprinkler supply company. The property is located at 141 Central Avenue and is zoned "HC" Highway Commercial District Regulations. Mr. Hardy advised the applicant proposed to add a seven foot screening fence to the property to enclose approximately 6,540 square feet of outside storage. The applicant appeared before the Board of Zoning Adjustment and received special exceptions to the twenty foot buffer yard requirement. Mr. Walter Nelson, representing the applicant, requested favorable consideration of the application. There was brief discussion regarding the height of the items to be stored outside. Mayor Tate invited guests present to comment regarding the application. Pastor Glenn of The Love Chapel expressed concern that neighboring residents did not receive notice of the public hearing and questioned what would be stored in the area. Staff reported that the property owners, as shown on the Tarrant County tax rolls, within 200 feet of the subject property received notification of the public hearing. It was noted that plastic pipe would be stored in the outside area. Commissioner Dunn, seconded by Commissioner Newby, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Freed, Newby, Coy, Dunn & Martin Nays : None Abstain: Oliver Absent : Martinez & Fry Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: 4 12/02/97 Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ITEM 4. PUBLIC HEARING CONDITIONAL USE APPLICATION CU97-59. FREEMAN PONTIAC Mayor Tate declared the public hearing open. Development Services Director Hardy advised Conditional Use Application CU97-59 had been filed by Freeman Pontiac requesting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and requesting a conditional use permit to amend a site plan approved by Ordinance No. 97-84 for an automobile dealership to reconfigure and relocate buildings, and the addition of off-street and display parking spaces. The property is located at 501 State Highway 114 West and is zoned "CC" Community Commercial District Regulations. Mr. Hardy advised the applicant proposes to reduce the service/parts building from 44,631 square feet to 41, 294 square feet, to attach the automatic car wash to the service/parts building, and relocate buildings on site to allow for 17 additional off-street parking spaces and 71 display parking spaces for a total of 621 off-street and display parking spaces on site. Also proposed are two points of access to State Highway 114 West and finro access points to a private access easement to the south of the site. Mr. Bob Durham, representing the applicant, 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 Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Oliver, Freed, Newby, Coy, Dunn & Martin Nays : None Absent: Martinez & Fry Council Member Stewart, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Johnson & Stewart Nays : None Abstain: Pittman Absent : Wilbanks 5 12/02/97 ITEM 5. PUBLIC HEARING, ZONING APPLICATION Z97-20. THE FISHEL ` COMPANY Mayor Tate declared the public hearing open. Development Services Director Hardy reported Zoning Application Z97-20 had been ' filed by The Fishel Company requesting rezoning of approximately 14.324 acres from "PCD" Planned Commerce Development District to "LI" Light Industrial District. The property is located at 5325 State Highway 360. The applicant has requested the case be tabled to the January 20, 1998 meeting. Commissioner Newby, seconded by Commissioner Freed, offered a motion to table the public hearing to the January 20, 1998 meeting. The motion prevailed by the following vote: Ayes : Oliver, Freed, Newby, Coy, Dunn & Martin Nays : None Absent: Martinez & Fry Council Member Pittman, seconded by Council Member Stewart, offered a motion to table the public hearing to the January 20, 1998 meeting. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks Mayor Tate announced the public hearing was continued to the January 20, 1998 meeting and there would not be additional notification to the adjacent property owners. ITEM 6. PUBLIC HEARING, ZONING APPLICATION Z97-21, DR. DAVID HUBBELL, D.D.S. Mayor Tate declared the public hearing open. Development Services Director Hardy reported Zoning Application Z97-21 had been filed by Dr. David Hubbell, D.D.S. requesting rezoning of approximately 0.697 acres from "PO" Professional Office District Regulations and 0.566 acres from "CC' Community Commercial District Regulations to "CC' Community Commercial District Regulations which will be deed restricted to "PO" Professional Office District fi Regulations for development of a dental office. The property is located at 1650 West Northwest Highway. Mr. Hardy advised a 30' landscape buffer is proposed to the west and cross access will be provided to the development to the east. He also noted the proposed driveways on Northwest Highway did not meet the City's ordinances. 6 12/02/97 Dr. David Hubbell requested favorable consideration of the application and stated that one driveway would be sufficient for the development. Discussion ensued relative to the two drives proposed on Northwest Highway and that after completion of the widening of Northwest Highway, one drive would be adequate for the development. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Linda Huff reported five letters of support had been copied to the City Council and Planning & Zoning Commission. Commissioner Martin, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Freed, Newby, Coy, Dunn & Martin Nays : None Abstain: Oliver Absent : Martinez & Fry 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, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ITEM 7. PUBLIC HEARING ZONING APPLICATION Z97-23 CITY OF GRAPEVINE Mayor Tate declared the public hearing open. Development Services Director Hardy reported Zoning Application Z97-23 had been filed by the City of Grapevine requesting rezoning of approximately 13.637 acres on Tract 1 and 38.581 acres on Tract 2 from "R-20" Single-family District Regulations to "GU" Governmental Use District. The property is located at 2779 Freeport Parkway and is to be developed as a city park with a hike and bike trail. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. Mr. R. A. Duncan, 111 Duncan Lane, Lewisville, addressed the City Council and Planning & Zoning Commission regarding his concerns about flooding and erosion in the subject area. He stated that he had lived in the area for over 44 years and noted the changes and loss of trees he has seen in the property due to water erosion. He 7 12/02/97 commented that the City should visit with the Corps of Engineers regarding water ` control in the area before any development. Commissioner Newby, seconded by Commissioner Dunn, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Oliver, Freed, Newby, Coy, Dunn & Martin Nays : None . Absent: Martinez & Fry Council Member Stewart, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to Conference p. Room #204 to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 7A. CITIZEN COMMENT, PETITION REGARDING ESPARZA'S RESTAURANT City Secretary Linda Huff read the following petition signed by 31 people into the record: "We are petitioning the Grapevine City Council to reconsider Esparza's Restaurant's zoning and conditional use permit in order to bring the restaurant into compliance with the existing occupancy ordinance for commercial businesses which are not located directly on Main Street. This ordinance states that a commercial business must supply a certain number of parking spaces for a certain number of occupants of the business. Esparza's Restaurant is currently except from this ordinance and is not located on Main Street. The rationale for this request is to bring Esparza's Restaurant into line with other commercial businesses in the City, thereby reducing the parking that have been taking place along the residential streets of Worth, Smith, and Franklin. 8 12/02/97 We recommend that dining, drinking and waiting outside of the building proper be totally eliminated. This would serve two purposes. First, it would reduce the amount of patrons that could physically be at the establishment and second, it would eliminate the consumption of alcohol, in public, out doors, in a residential neighborhood one block from a Baptist church. To reduce the risk to both residents and other pedestrians (including Esparza's walking patrons), we feel that it is appropriate to bring Esparza's Restaurant into compliance with existing ordinances which will reduce Esparza's Restaurant's current occupancy to that which its own parking will accommodate. The extensive use of the neighborhood streets for the parking of patrons of this establishment has been a point of contention for many years. It creates an unsafe environment for everyone, including the patrons of Esparza's. Emergency services are virtually unavailable for most of the residents on Franklin and Smith Streets during Esparza's peak hours due to the narrow streets and the parking that takes place on both sides of the streets. The patrons who leave Esparza's are frequently in various stages of inebriation and have demonstrated impaired judgement as well as driving skills. Both have served to place residents and other pedestrians at risk and may eventually lead to disaster. As an immediate, temporary remedy to the situation, we are asking that the City place "No Parking" signs on Worth and Franklin Streets from Jenkins to Dooley Streets, and on Smith Street from College to Wall Street for a period of six months. We request that a hearing be held at the end of six months to review this plan. It can then be decided whether the "No Parking" should be continued or not. This will give the residents of the effected area relief while this request for a change in the conditional use permit is being considered." ITEM 8. ORDINANCE, AMEND CHAPTER 23 TRAFFIC, NO PARKING ZONES City Manager Roger Nelson requested the City Council consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-63 No Parking Zones/Tow Away Zones relative to Worth Street, Austin Street, Franklin Street and Tanglewood Drive. Staff proposed no parking as follows: Worth Street, both sides from Jenkins Street to Dooley Street, save and except two handicapped spaces with a total distance of 40 feet on the north side of Worth Street in front of the business at 205 Worth Street; Smith Street, both sides, from Franklin Street to Texas Street; and Franklin Street, both sides, from Jenkins Street to Smith Street. City Manager Nelson stated the request for the "no parking" was from the residents in the area around Esparza's for a six month trial basis. Mr. Nelson stated the no parking on Tanglewood Drive, east and west sides from Mustang Drive south, was in response to complaints from residents of the Oak Creek Addition about the parking of trucks and trailers on Tanglewood Drive. 9 12/02/97 Discussion ensued relative to the request of the petition signed by 31 residents of the + area for no parking on Smith Street from College Street to Wall Street. Deliberation continued as to whether all residents and businesses of the area had been notified of the proposed no parking ordinance and had been given the opportunity for their comments regarding the no parking. Council Member Spencer offered a motion to adopt the proposed ordinance with the amendment to include no parking on Smith Street from Texas Street to College Street. The motion failed for lack of a second. Discussion continued relative to setting a public hearing for additional comments from residents in the area. It was stated that the City held a public meeting in November and had notified area residents of the meeting to discuss parking around Esparza's. The proposed ordinance was a result of the public meeting. Also, discussed was the possibility of street permit parking for residents of the area. Council Member Pittman, seconded by Council Member Stewart, offered a motion to set a public hearing for December 16, 1997 relative to the no parking on Smith, Worth and Franklin Streets. The motion prevailed by the following votes: Ayes : Tate, Ware, Pittman & Stewart . Nays : Spencer & Johnson Absent: Wilbanks Council Member Spencer, seconded by Council Member Johnson, offered a motion to adopt the proposed ordinance with the amendment to include only no parking on Tanglewood Drive. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ORDINANCE NO. 97-131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-63 RELATIVE TO NO ' PARKING/TOW-AWAY ZONES, RESTRICTED PARKING , ZONES; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; 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 10 ' 12/02/97 CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 9. ORDINANCE. AMEND ORDINANCE NO. 96-07 TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER ONE City Manager Nelson recommended the City Council approve an ordinance amending Ordinance No. 96-07 that adopted the Tax Increment Financing (TIF) Reinvestment Zone Number One. Adoption of the proposed ordinance would reduce the boundaries to include only those parcels of land necessary to encompass the Grapevine Mills Mall site (including parking) and necessary roadways and easements. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to adopt the ordinance as recommended reducing the TIF boundary to include the accurate description of the appropriate required areas. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ORDINANCE NO. 97-132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 96-07, WHICH ORDINANCE DESIGNATED A CERTAIN AREA AS TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER ONE BY REDUCING THE BOUNDARIES IN ACCORDANCE WITH TEXAS TAX CODE SECTION 311.007; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY 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. City Manager Nelson removed Item 13 Change Order No. 3 and Final, Grapevine Mills Paving Phase I Project; Council Member Spencer removed Item 14 Ordinance, Amend Chapter 23 Traffic Speed Limits; and Council Member Johnson removed Item 20 Award Bid 8075 Additional Vehicles. 11 12/02/97 Item 10 Interlocal Agreement Tarrant County, Fourth Year Participation Tarrant County Narcotics Task Force Police Chief recommended approval of an interlocal agreement with Tarrant County for ' Fourth Year Participation in the Tarrant County Narcotics Task Force. The agreement provides 100% reimbursement for all salary, benefits and equipment cost from State funds allocated by the Office of the Governor, Criminal Justice Division from June 1, 1998 to May 31, 1999. Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks Item 11. Change Order No. 1, 22nd and 23rd Year Community Development Block Grant Project - Sidewalk, Barrier-free Ramps and Street Light Improvements Public Works Director recommended approval of Change Order No. 1 to the 22nd and 23rd Year Community Development Block Grant Project - Sidewalk, Barrier-free Ramps and Street Light Improvements in the amount of $29,382.50 and authorization for Staff to execute said change order. Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks Item 12. Chanqe Order No. 2 and Final, Grapevine Mills Anderson-Gibson Road Offsite Project Public Works Director recommended approval of Change Order No. 2 and Final to the Grapevine Mills Anderson-Gibson Road Offsite Project in the amount of $6,864.90 and authorization for Staff to execute said change order. Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: 12 12/02/97 Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ITEM 13. _ CHANGE ORDER NO. 3 AND FINAL, GRAPEIVNE MILLS PAVING PHASEIPROJECT City Manager Nelson removed this item from the consent agenda for a future agenda. This item wa.s not discussed by the City Council. ITEM 14. ORDINANCE, AMEND CHAPTER 23 TRAFFIC, SPEED LIMITS This item was removed from the consent agenda and discussed after Item 21. Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic, Section 23-26 Speed Limits relative to Anderson-Gibson Road. Council discussion ensued relative to the speed limit on Anderson-Gibson Road being 25 miles per hour and not the recommended 20 miles per hour. Motion by Council Member Spencer, seconded by Mayor Pro Tem Ware, to approve the ordinance with the amendment that the speed limits on Anderson-Gibson Road be 25 miles per hour. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ORDINANCE NO. 97-133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 23 TRAFFIC, SECTION 23-26 RELATIVE TO REASONABLE AND PRUDENT SPEED FOR CERTAIN PUBLIC STREETS AND WAYS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTIONS 167 AND 169 OF ARTICLE XIX, R.C.S. 6701d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF 13 � 12/02/97 GRAPEVINE AS SET OUT IN THE ORDINANCE; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; 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 15. Renew Bid 96-676R Reinforced Concrete Pipe Annual Contract Public Works Director recommended renewal of Bid 96-676R Reinforced Concrete Pipe annual contract to the lowest and best bidder meeting specifications, Hydro Conduit Corporation. Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks Item 16. Renew Bid 96-677 Material Haulinq Annual Contract Public Works Director recommended renewal of Bid 96-677 Material Hauling annual contract to the lowest and best bidders meeting specifications: J.T.M. Materials and Henry Reed Trucking. ; Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: ' Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks Item 17. Renew Bid 96-678 Sand & Gravel Annual Contract Public Works Director recommended renewal of Bid 96-678 Sand & Gravel annual contract to the lowest and best bidders meeting specifications: Marock, Inc. for Items 1, 2, 12, 17, 18, 19, 20, 21 and 22; Texas Industries for Items 3 and 27; Caylor Specialty for Items 4, 6 and 8; and Lowery Sand & Gravel for Item 13. 14 12/02/97 Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks Item 18. Reject Bids for Bid 8073 Material Disposal Contract Public Works Director recommended rejecting all bids received for Bid 8073 Material Disposal Contract. Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks Item 19. Award Bid 8074 Golf Carts Administrative Services Director recommended award of Bid 8074 Golf Carts for Items 1 and 2 to the lowest and best bidder meeting specifications, E-Z Go Golf Car Company, in the amount of$63,664.00 and reject all bids received for Item 3. Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ITEM 20. AWARD BID 8075 ADDITIONAL VEHICLES This item was removed from the consent agenda and discussed after Item 21. Staff recommended award of Bid 8075 Additional Vehicles to the lowest and best bidders meeting specifications: Village Ford for Item 1; Payton Wright Ford for Item 3; and Classic Chevrolet for Item 4 for a total amount of$131,680.00. Council Member Johnson questioned whether the bid specifications included specific delivery criteria. Staff responded they did not specify a delivery date. Following 15 12/02/97 discussion of the bid, Council Member Johnson requested that all future bid specifications include specific criteria. Motion by Council Member Pittman, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks Item 21. Ratify Purchase of Police Vehicle Police Chief recommended ratification of the purchase of a police vehicle from Payton Wright Ford under Bid 8064 in the amount of $20,791.00 to replace a vehicle damaged in an accident November 15, 1997. Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart f Nays : None Absent: Wilbanks 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 except Council Member Wilbanks. ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z97-18, TOM THUMB ' Development Services Director Hardy reported the Commission voted 5-0-1 for approval of Zoning Application Z97-18 filed by Tom Thumb granting rezoning of approximately 7.719 acres from "R-MF-2" Multi-family District Regulations to "CC" Community Commercial District Regulations on property located at 4000 William D. Tate Avenue. Council Member Stewart, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the zoning change. The motion prevailed by the following vote: 16 12/02/97 , Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ORDINANCE NO. 97-134 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 Z97- 18 ON A TRACT OF LAND OUT OF THE ELIZABETH COX SURVEY, ABSTRACT NO. 352, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-MF-2" MULTI-FAMILY DISTRICT REGULATIONS TO "CC" COMMUNITY COMMERCIAL 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 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU97-47 TOM THUMB Development Services Director reported the Commission voted 5-0-1 for approval of Conditional Use Application CU97-47 filed by Tom Thumb with the condition that a three foot berm be constructed along Hall-Johnson Road with landscape shrubs planted along the top of the berm. Approval of the conditional use application grants a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and grants a conditional use permit to establish a planned commercial center with the possession, storage, retail sale and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a grocery store. The property is located at 4000 William D. Tate Avenue. 17 12/02/97 Council Member Spencer, seconded by Councii Member Johnson, offered a motion to accept the Commission's recommendation with the condition that a three foot berm be constructed along Hall-Johnson Road with landscape shrubs planted along the top of the berm and approve the ordinance granting the waiver and approving the conditional use permit. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ORDINANCE NO. 97-135 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE ' NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY: (1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE NO. 82-73; (2) GRANTING CONDITIONAL USE PERMIT CU97-47 TO ESTABLISH A PLANNED COMMERCIAL CENTER WITH THE POSSESSION, STORAGE, RETAIL SALE, AND OFF- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH A GROCERY STORE 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 IVOT 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 18 12/02/97 ITEM 24. PLANNING AND ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT. LOTS 1, 2. 3, AND 4, BLOCK 1, TOM THUMB ADDITION NO. 1 Development Services Director reported the Commission voted 5-0-1 to approve the Statement of Findings and the preliminary plat of Lots 1, 2, 3 and 4, Block 1, of the Tom Thumb Addition No. 1. The 22.498 acre site located immediately north of the Heritage High School Addition at the southwest corner of Hall-Johnson Road and William D. Tate Avenue and is being developed as a commercial center with a Tom Thumb grocery store. Council Member Johnson, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1, 2, 3, and 4, Block 1, of the Tom Thumb Addition No. 1. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1. 2, 3, AND 4, BLOCK 1, TOM THUMB ADDITION NO. 1 Development Services Director reported the Commission voted 5-0-1 to approve the Statement of Findings and the final plat of Lots 1, 2, 3 and 4, Block 1, of the Tom Thumb Addition No. 1 located at the southwest corner of William D. Tate Avenue and Hall-Johnson Road. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1, 2, 3, and 4, Block 1, Tom Thumb Addition No. 1. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU97-54 MCDONALD'S CORPORATION Development Services Director reported the Commission voted 6-0 to approve Conditional Use Application CU97-54 filed by McDonald's Corporation with the 19 12/02/97 condition that a monument sign replace the pole sign. Approval grants a waiver to ' specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82- 73, as amended, and grants a conditional use permit to develop a 5,300 square foot restaurant on property located at 5345 William D. Tate Avenue. Council Member Spencer, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation with the condition of the monument sign to replace the pole sign and approve the ordinance granting the waiver and approving the . conditional use permit. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ORDINANCE NO. 97-136 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE ' NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY: (1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE NO. 82-73; (2) GRANTING CONDITIONAL USE PERMIT CU97-54 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 97-87 TO DEVELOP A 5,300 SQUARE FOOT RESTAURANT ON LOT 3 (McDONALD'S) IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS WITH A PLANNED COMMERCIAL CENTER DESIGNATION 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 20 ' .., :;o- :,::� : 12/02/97 ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU97-56. LONGHORN PIPE AND SUPPLY Development Services Director reported the Commission voted 5-0-1 to approve Conditional Use Application CU97-56 filed by Longhorn Pipe and Supply granting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82-73, as amended, and granting a conditional use permit to allow outside storage in conjunction with the operation of a sprinkler supply company. The property is located at 141 Central Avenue. Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the first reading of the ordinance granting the waiver and approving the conditional use permit. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ORDINANCE NO. AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE N0. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY: (1 ) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE NO. 82-73; (2) GRANTING CONDITIONAL USE PERMIT CU97-56 TO ALLOW FOR OUTSIDE STORAGE IN CONJUNCTION WITH A SPRINKLER SUPPLY COMPANY (LONGHORN PIPE AND SUPPLY COMPANY) IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE N0. 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 21 12/02/97 ' THOUSAND DOLLARS (52,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND PROVIDING AN EFFECTIVE DATE ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU97-59. FREEMAN PONTIAC Development Services Director reported the Commission voted 6-0 to approve Conditional Use Application CU97-59 filed by Freeman Pontiac granting a waiver to specific requirements of Section 47E.2 pursuant to Section 47F of Ordinance No. 82- 73, as amended and granting a conditional use permit to amend a site plan approved by Ordinance No. 97-84 for an automobile dealership to reconfigure and relocate buildings and the addition of 17 off-street and 71 display parking spaces on property located at 501 State Highway 114 West. Council Member Johnson, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the waiver and the conditional use permit. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ORDINANCE NO. 97-137 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT ' IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY: (1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE NO. 82-73; (2) GRANTING ' CONDITIONAL USE PERMIT CU97-59 TO AMEND THE : SITE PLAN APPROVED BY ORDINANCE NO. 97-84 TO RECONFIGURE AND RELOCATE BUILDINGS AND THE ADDITION OF OFF-STREET AND DISPLAY PARKING SPACES RELATNE TO A CAR DEALERSHIP (FREEMAN PONTIAC GMC) IN A DISTRICT ZONED "CC° s , 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 22 12/02/97 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, LOT 1 R, BLOCK A, FREEMAN ADDITION Development Services Director reported the Commission voted 6-0 to approve the Statement of Findings and the final plat of �ot 1 R, Block A, Freeman Addition being a replat of Lot 1, Block A, Freeman Addition. The property is located west of Main Street on the south side of State Highway 114 and is being platted for an auto dealership. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1 R, Block A, Freeman Addition. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z97-20, THE FISHEL COMPANY There was no action as this item was tabled during the public hearing portion of the meeting. ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z97-21, DR. DAVID HUBBELL, D.D.S. Development Services Director reported the Commission voted 5-0-1 to approve Zoning Application Z97-21 filed by Dr. David Hubbell with the condition that the west drive on Northwest Highway be eliminated, relocation of the monument sign with Staff's approval and deed restricting the property. Approval grants a zoning change on approximately 0.697 acres from "PO" Professional Office District Regulations and 0.566 23 12/02/97 acres from "CC' Community Commercial District Regulations to "CC' Community Commercial District Regulations deed restricted to "PO" Professional Office District Regulations for development of a dental office. Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation with the condition of closing the west drive on Northwest Highway, relocating the monument sign with Staff's approval and deed restricting the property and approve the ordinance granting the zoning change. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Johnson & Stewart : Nays : None Abstain: Pittman Absent : Wilbanks ORDINANCE NO. 97-138 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 Z97-21 ON A TRACT OF LAND OUT OF THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1050, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PO° ' PROFESSIONAL OFFICE DISTRICT REGULATIONS AND "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS DEED RESTRICTED TO "PO" PROFESSIONAL OFFICE USES; 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 a; 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 24 12/02/97 ITEM 32. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, HUBBELL DDS ADDITION Development Services Director reported the Commission voted 5-0-1 to approve the Statement of Findings and the final plat of the Hubbell DDS Addition located on the north side of Northwest Highway, east of Manor Oaks. Council Member Johnson, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of the Hubbell DDS Addition. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ITEM 33. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z97-23. CITY OF GRAPEVINE Development Services Director Hardy reported the Commission voted 6-0 to approve Zoning Application Z97-23 filed by the City of Grapevine rezoning approximately 13.637 acres on tract 1 and 38.581 acres on Tract 2 from "R-20" Single-family District Regulations to "GU" Governmental Use District. The property is located at 2779 Freeport Parkway and is to be developed as a City park with hike and bike trails. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks ORDINANCE NO. 97-139 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 Z97-23 ON A TRACT OF LAND OUT OF THE T.W. COUSEY SURVEY, ABSTRACT NO. 316 AND THE 6.B.B. & C. RAILROAD CO. SURVEY, ABSTRACT NO. 146, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, DALLAS COUNTY, TEXAS MORE FULLY AND COMPLETELY 25 12/02/97 DESCRIBED IN THE BODY OF THIS ORDINANCE; '" ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-20" SINGLE-FAMILY DISTRICT REGULATIONS TO "GU" GOVERNMENTAL USE DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC : INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND 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 MISCELLANEOUS REPORTS AND/OR DISCUSSION ' ITEM 33. ASSISTANT CITY MANAGER AND ASSISTANT TO THE CITY MANAGER City Manager Neison reported that Ms. Melisa Leal has accepted the Assistant to the City Manager position and will begin December 15, 1997. Mr. Nelson reported that Mr. Bruno Rumbelow has accepted the Assistant City Manager position and will begin January 12, 1998. ADJOURNMENT Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to adjourn the meeting at 9:35 p.m. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Pittman, Johnson & Stewart Nays : None Absent: Wilbanks 26 12/02/97 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of �anuary , 1998. APPROVED: William D. Tate Mayor ATTEST: � Linda Huff City Secretary 27