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HomeMy WebLinkAbout1995-04-04 Regular Meeting AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, APRIL 4, 1995 AT 7:00 P.M. ' CONFERENCE ROOM #204 307 WEST DALLAS ROAD 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. Real Property relative to land acquisition for (1) City Hall and (2) Heritage Park under Section 551 .072, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to pending or contemplated litigation and real property under Sections 551 .071 , 551 .072, 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) 481-0392 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 31 ST DAY OF MARCH, 1995 AT 5:00 P.M. Lin a 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 on this the 4th day of April, 1995 at 7:00 p.m. in Conference Room #204, 307 West Dallas Road, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Gil Traverse Council Member ' Will Wickman Council Member constituting a quorum, with Council Member Jerry L. Pittman absent, with the following members of the City Staff: Trent Petty City Manager Roger Nelson Assistant City Manager John F. Boyle, Jr. City Attorney : Linda Huff City Secretary ' David Tesmer Assistant to City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:04 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) real property relative to land acquisition for (1) City Hall and (2) Heritage Park under Sections 551 .071 and 551 .072, Texas Government Code. NOTE: Council Member Pittman arrived at 7:30 p.m. 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 Trent Petty stated there was no action necessary relative to (A) pending or contemplated litigation relative to Dallas/Fort Worth International Airport Board's decision relative to proposed Runway 16/34 West as the issue was not discussed in Executive Session. Regarding (B) real property, City Manager Petty stated there was no action necessary relative to land acquisition for (1) City Hall. 04/04/95 Regarding land acquisition for (2) Heritage Park, City Manager Petty requested the . City Council authorize the expenditure of funds up to S 130,000.00 to include closing costs and S 126,000.00 purchase price for the Mitchell property adjacent to Heritage Park. Council Member Wilbanks, seconded by Mayor Pro Tem, offered a motion to authorize the expenditure of up to S 130,000.00 for the purchase and closing costs of the Mitchell property. The motion prevailed by the following vote: Ayes : Ware, Spencer, Wilbanks, Traverse & Wickman Nays : None Abstain : Tate & Pittman NOTE: City Council continued with the Regular City Council meeting. ADJOURNMENT Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a motion to adjourn the meeting at 9:08 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of April , 1995. APPROVED: �• Ted R. Ware Mayor Pro Tem ATTEST: ; , Lind Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 4, 1995 AT 7:30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD CALL TO ORDER INVOCATION: Council Member Will Wickman PRESENTATIONS 1 . Mayor Tate to recognize Mr. Roy Robertson as being named Grapevine's 1994 Volunteer of the Year. 2. Mayor Tate to present a proclamation declaring April 9-15, 1995 as National Public Safety Telecommunications Week in the City of Grapevine. 3. Mayor Tate to present a proclamation declaring April as Child Abuse Awareness and Prevention Month to representatives from the Texas Department of Protective and Regulatory Services and the Independent Order of Foresters, Court Bluebonnet. 4. Mayor Tate to present a plaque to the Huddleston and Curnes families for donation of 4.64 acres of land for the development of Bear Creek Park, City Council to consider an agreement with the families relative to the land donation and take any necessary action. CITIZEN COMMENTS NEW BUSINESS 5. Consider authorizing the expenditure of Open Space Funds for matching grants to the Grapevine Baseball/Softball Association and the St. Francis Community Fest Committee and take any necessary action. 6. Consider a license agreement with Advanced Graphics Technology Inc. allowing for the use of right-of-way on Minters Chapel Road for the exclusive purpose of pumping recovered groundwater to remediate chromium contaminated groundwater and take any necessary action. 7. Consider authorizing the City Manager to enter into a contract with J-QUAD & Associates, Ltd., for professional services relative to the Grapevine Township Revitalization Project and take any necessary action. 8. Consider a resolution amending Resolution No. 92-20 relative to festival fees and fencing 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. 9. Consider an ordinance amending the Grapevine Code of Ordinances Chapter 12 Health and Sanitation, Article I to establish food handlers certification and fees. Development Services Director recommends approval. 10. Consider an authorizing an agreement with Goodwill Industries of Fort Worth, Inc. for roadside litter pickup within the City limits of Grapevine. Parks & Recreation Director recommends approval. 11 . Consider awarding an engineering design services contract for the reconstruction of Nash Street and Jean Street to Carter and Burgess, Inc. Public Works Director recommends approval. 12. Consider awarding a material testing services contract to Huntingdon/Southwestern Laboratories for the Hall-Johnson Road Reconstruction and Widening Project. Public Works Director recommends approval. , 13. Consider the second and final reading of Ordinance No. 95-23 amending the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 49 Special Use Permits relative to gas and oil well drilling and production, and Section 54 Masonry Requirements relative to new masonry requirements. Development Services Director recommends approvaL 14. Consider the second and final reading of Ordinance No. 95-24 approving Conditional Use CU95-09 submitted by Grapevine/Wall Street Joint Venture granting a waiver to Section 47F of Ordinance No. 82-73, as amended, and granting an amendment to a site plan approved by Ordinance No. 94-108 for development of a strip office center on property located at 2011 West Northwest Highway and zoned "CC" Community Commercial District Regulations with a conditional use for a Planned Commercial Center. Development Services Director recommends approval. 15. Consider award of Bid 95-592 Purchase of Two Filing Systems for the Police Department and Municipal Court to the lowest and best bidders meeting specifications, Metroplex Office Systems and Sytek Storage Products, Inc., and to reject all bids for Item 1 . 16. Consider the minutes of March 21 , 1995 City Council meetings as published. City Secretary 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. MISCELLANEOUS REPORTS AND/OR DISCUSSION 17. View video produced during GrapeFest 1994. 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) 481-0392 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 31 ST DAY OF MARCH, 1995 AT 5:00 P.M. Lin Huff City Secretary STATE OF TEXAS ' COUNTY OF TARRANT CITY OF GRAPEVINE ' The City Council of the City of Grapevine, Texas met in Regular Session on this the 4th day of April, 1995 at 7:30 p.m. in the Council Chambers, Municipal Court Room #205, 307 West Dallas Road, with the following members present to-wit: William D. Tate Mayor . Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Gil Traverse Council Member ' Jerry L. Pittman Council Member Will Wickman Council Member ! constituting a quorum, with the following members of the City Staff: Trent Petty City Manager Roger Nelson Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary David Tesmer Assistant to City Manager ' CALL TO ORDER Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION Council Member Wickman delivered the Invocation. ITEM 1 PRESENTATION. 1994 GRAPEVINE VOLUNTEER OF THE YEAR ' Mayor Tate presented Mr. Roy Robertson a plaque honoring him as Grapevine's 1994 Volunteer of the Year. Mayor Tate stated that Mr. Robertson has exemplified the perfect definition of a community volunteer through his initiative, community spirit and community involvement in coordinating the efforts of volunteers to ensure the completion and maintenance of Grapevine's Horseshoe Trails Park and his advocacy of the park systems. 04/04/95 ITEM 2. PRESENTATION, PROCLAMATION, NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK Mayor Tate presented a proclamation declaring April 9-15, 1995 as National Public Safety Telecommunications Week. Communications Supervisor David Priddy accepted the proclamation on behalf of the following telecommunicators: Ms. Rosalie Orta, Ms. Patsy Shockey, Ms. Elaine Traugott, Ms. Lori Colburn, Ms. Pat Prophitt, Mr. Roy Street, Ms. Sandy Ferris, Ms. Kim Ragon, Ms. Loretta Wilmoth, and Ms. Crystal Dobbins. ITEM 3. PRESENTATION, PROCLAMATION, CHILD ABUSE AWARENESS AND PREVENTION MONTH Mayor Tate presented a proclamation declaring April as Child Abuse Awareness and Prevention Month to Mr. Jeff Kuntz, a representative of the Independent Order of Foresters, Court Bluebonnet. The Foresters plan to have a fingerprinting booth for children at area malls during the month of April. ' ITEM 4. PARK LAND DONATION, PLAQUE PRESENTATION Mayor Tate presented plaques to the Albert Huddleston family, the Thomas Curnes family and to Mr. & Mrs. Earl Swanson (original owners of the donated property) for their generosity in donating 4.64 acres of land in south Grapevine for future development of Bear Creek Park. The land is adjacent to Bear Creek Park located southeast of State Highways 121 and 360 intersection. In return for donating the property, the hike and bike trail in Bear Creek Park will be named in memory of Deborah Joan Swanson, the daughter of Mr. and Mrs. Swanson. City Manager Petty requested the City Council consider an agreement with Mr. Albert Huddleston and Mr. Thomas Curnes for the donation of 4.64 acre tract of land in south Grapevine. Council Member Pittman, seconded by Council Member Spencer, offered a motion to approve the agreement for the park land donation. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 4A. CITIZEN COMMENTS. MS. BOBANNE RICHARDSON Ms. Bobanne Richardson, 2711 White Oak Drive, addressed the City Council regarding the preservation of Hidden Lake. She commented that due to the development in the 2 04/04/95 area, the spring fed pond (which is privately owned by the Hidden Lake Homeowners ' Association) is being polluted by trash and silt from the builders in the area. She stated that the wildlife in the pond are dying from the pollution. She noted that the homeowners had initially contacted the City in December regarding their concerns over the pollution and expressed their concern that it appears nothing is being done to resolve the problems with the developers. She requested the City Council take ! action to ensure that the developers take measures to prevent the silt and trash from draining into the pond. ITEM 4B. CITIZEN COMMENTS, MS. BARBARA JOHNSON Ms. Barbara Johnson, 2700 White Oak Drive, presented a petition from the homeowners of Hidden Lake Estates on Silvercrest requesting the City Council investigate and determine if illegal dumping and lack of silt control have damaged Hidden Lake, a natural spring flowing into Lake Grapevine. She commented it is the belief of the homeowners that the activities of David Weekly Homes and Heritage Homes are responsible for the deterioration of the pond and killing of the wildlife. ITEM 4C. CITIZEN COMMENTS, MR. FRANK BERTALAN Mr. Frank Bertalan, 2716 Hidden Lake Drive, requested the City Council develop a solution to stop the pollution and illegal dumping and that the City require the developers to initiate silt control of Hidden Lake. ITEM 4D. CITIZEN COMMENTS, MR. BOB KEENEY ' Mr. Bob Keeney, 2704 Hidden Lake Drive, commented that it is a shame that Hidden Lake is being destroyed by illegal dumping and lack of silt control by the developers in Hidden Lake Estates. Mr. Keeney also expressed his concern that rollerbladers at Dove Park are destroying the tennis courts, even though there are signs posted against rollerblading. He commented that possibly the parents should be fined for their children rollerblading on the tennis courts, as it is expensive for the City to be replacing the nets and screening fences that are being destroyed. Mayor Tate inquired from City Attorney John F. Boyle, Jr. what action the City could take in regard to Hidden Lake. Mr. Boyle responded that the City has no responsibility for the lake, as it is privately owned, but that the City can enforce City ordinances on the developers in the area. He stated that the City has no proprietary rights to the lake except for immediate health problems that could be caused by the lake to the citizens. 3 ' :d 04/04/95 Public Works Director Jerry Hodge reported that the City has an erosion control n ordinance and that developers in the area of Hidden Lake have been notified by letter requesting they resolve the issues of the homeowners concerns regarding Hidden Lake. He stated that the recent rains have added to the situation and that dry time is needed for the developers to begin to resolve erosion concerns. He stated that Staff will continue working with the developers to address the situation. Council Member Spencer requested Staff report back to the City Council in one month regarding the status of Hidden Lake erosion. There was no action taken by the City Council. ITEM 5. AUTHORIZE EXPENDITURE OF OPEN SPACE INTEREST FUNDS, MATCHING GRANTS, GRAPEVINE BASEBALUSOFTBALL ASSOCIATION AND ST. FRANCIS COMMUNITY FEST COMMITTEE Parks & Recreation Director pouglas Evans recommended approval of the expenditure of Open Space Interest Funds for matching grants with the following associations: Grapevine Baseball/Softball Association in the amount of 55,000.00 for improvements to fields and the St. Francis Community Fest Committee in the amount of $2,500.00 for a sand volleyball court located at Grapevine Middle School. Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to approve the expenditure of the Open Space Interest Funds. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 6. LICENSE AGREEMENT, ADVANCED GRAPHICS TECHNOLOGY INC. Public Works Director Jerry Hodge requested the City Council approve a License Agreement with Advanced Graphics Technology Inc. ("AGT") allowing for the use of the right-of-way on Minters Chapel Road for the exclusive purpose of pumping recovered groundwater to remediate chromium contaminated groundwater at 942 Minters Chapel Road. The facility was owned by another company that went bankrupt in 1986. Mr. Hodge reported that AGT has assumed responsibility for chromium that contaminated the groundwater in the vicinity of their facility. The facility had a leaking underground storage tank that allowed chromium liquid to leach into the ground, pool under their building and migrate to surrounding properties. The tank was taken out of service in the early 1980's under guidance of the Texas Water ' Commission. Mr. Hodge reported that when working on Dallas Road improvements, the situation was discovered by a utility contractor. Remediation and cleanup efforts were begun immediately and monitored by the Trinity River Authority ("TRA"). The 4 04/04/95 TRA and the City issued an Industrial Discharge Permit in 1992 and monitored the discharge to ensure pretreatment standards were met. Mr. Hodge reported the proposed three year License Agreement will provide for some financial relief for AGT by discontinuing the need for pumping and hauling in tanker trucks for the remediation and cleanup of property located at 942 Minters Chapel Road. Council Member Traverse, seconded by Council Member Pittman, offered a motion to ' approve the License Agreement with Advanced Graphics Technology Inc. allowing for ' the use of the right-of-way on Minters Chapel Road for the exclusive purpose of pumping recovered groundwater to remediate chromium contaminated groundwater. ; The motion prevailed by the following vote: ' Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 7. NEGOTIATE CONTRACT, PROFESSIONAL SERVICES, GRAPEVINE TOWNSHIP REVITALIZATION PROJECT, J-QUAD &ASSOCIATES, LTD. City Manager Petty requested the City Council authorize the City Manager to negotiate a contract not to exceed S 10,000 with J-QUAD & Associates, Ltd. for professional services relative to the Grapevine Township Revitalization Project that would preserve the integrity and history of the residential neighborhoods within the original Grapevine Township. He stated the contract would be before the City Council at the April 18 meeting and that a Project Steering Committee would be considered for appointment at that time. Mayor Pro Tem Ware, seconded by Council Member Traverse, offered a motion to authorize the City Manager to negotiate a contract with J-QUAD & Associates, Ltd. relative to the Grapevine Township Revitalization Project. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 8 RESOLUTION AMEND RESOLUTION N0. 92-20. FESTIVAL FEES AND FENCING Special Events Director Ross Bannister stated the Grapevine Heritage Foundation Board of Directors and Staff recommended approval of a resolution amending Resolution No. 92-20 to increase festival admission fees to: Adults 53.00, Seniors (65 and over) $1 .00, Children 3-12 years of age 51 .00, Children under 3 are free, Weekend Pass 55.00. Also, he stated they recommended realignment of the footprint of the festival perimeters to extend further south (to the railroad tracks). He stated 5 04/04/95 that merchants affected by the fencing had agreed to the proposed realignment of the F festival perimeter. Discussion ensued that the costs associated with putting on the festival had increased, therefore the need to increase gate fees. It was also noted that all profits are used for Heritage Center projects that benefit the entire community. Council Member Spencer, seconded by Council Member Pittman, offered a motion to adopt the resolution as recommended and to approve the realignment of the festival perimeters as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None RESOLUTION N0. 95-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING SECTION 2 OF RESOLUTION N0. 92-20, ' ADOPTED JULY 7, 1992 WHICH ESTABLISHED GATE ADMISSION FEES DURING CITY FESTIVALS; AND PROVIDING AN EFFECTIVE DATE CONSENT AGENDA The next order of business for the City Council to consider was 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 13 Second and Final Reading Ordinance No. 95-23, Amend Appendix D, Comprehensive Zoning Ordinance No. 82-73, Section 49 and Section 54. Item 9. Ordinance, Amend Chapter 12, Establish Food Handler's Certification Development Services Director recommended approval of an ordinance amending the Grapevine Code of Ordinances Chapter 12 Health and Sanitation, Article I to establish food handlers certification and fees. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to ° approve as recommended. The motion prevailed by the following vote: 6 04/04/95 Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ORDINANCE NO. 95-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE � GRAPEVINE CODE OF ORDINANCES, CHAPTER 12 HEALTH AND SANITATION, ARTICLE 1, BY THE ADDITION OF SECTION 12-3.4. (FOOD HANDLING CERTIFICATION) PROVIDING FOR CERTIFICATION OF FOOD HANDLERS; PROVIDING FOR THE TRAINING OF FOOD , HANDLERS; PROVIDING FOR FEES TO DEFER ' THE EXPENSE OF TRAINING; PROVIDING A ' SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,000.00) FOR EACH OFFENSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE Item 10. Agreement, Goodwill Industries of Fort Worth, Inc. Parks & Recreation Director recommended approval of an agreement in the amount of $12,000.00 with Goodwill Industries of Fort Worth, Inc. for roadside litter pickup within the Grapevine city limits from April 1 , 1995 through March 31 , 1996. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None Item 1 1 Enqineering Design Services Contract Reconstruction of Nash Street and Jean Street, Carter and Burgess, Inc. Public Works Director recommended approval of an Engineering Design Services '. Contract for the Reconstruction of Nash Street and Jean Street to Carter and Burgess, Inc. in an amount not to exceed 5125,000.00 and authorization for Staff to execute_ said contract. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to approve as recommended. The motion prevailed by the following vote: 7 04/04/95 Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman .. Nays: None Item 12. Material Testing Services Contract, Hall-Johnson Road Reconstruction and Widening Project, Huntingdon/Southwestern Laboratories Public Works Director recommended approval of a Material Testing Services Contract with Huntingdon/Southwestern Laboratories in an amount not to exceed 556,277.00 for the Hall-Johnson Road Reconstruction and Widening Project. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 13. SECOND AND FINAL READING ORDINANCE N0. 95-23, AMEND APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, SECTION 49 AND SECTION 54 This item was discussed after Item 16. ' Development Services Director recommended approval of the second and final reading of Ordinance No. 95-23 amending the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 49 Special Use Permits relative to gas and oil well drilling and production, and Section 54 Masonry Requirements relative to new masonry requirements. Council Member Spencer requested this item be removed from the consent agenda, as there was a split vote on the first reading of the ordinance. Council Member Pittman, seconded by Mayor Pro Tem Ware, offered a motion to approve the second and final reading of the ordinance as recommended. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Traverse, Pittman & Wickman Nays: Tate & Spencer ORDINANCE N0. 95-23 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CODE 8 04/04/95 OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 49, SPECIAL USE PERMITS RELATIVE TO GAS AND OIL WELL DRILLING AND PRODUCTION, AND SECTION 54, MASONRY, RELATIVE TO NEW MASONRY REQUIREMENTS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,000.00) 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 AND PROVIDING AN EFFECTIVE DATE Item 14. Second and Final Reading Ordinance No. 95-24, Conditional Use Permit CU95-09, Grapevine/Wall Street Joint Venture Development Services Director recommended approval of the second and final reading of Ordinance No. 95-24 approving the Conditional Use CU95-09 submitted by Grapevine/Wall Joint Venture granting a waiver to Section 47F of Ordinance No. 82-73, as amended, and granting an amendment to a site plan approved by Ordinance No. 94-108 for development of a strip office center on property located at 2011 West Northwest Highway and zoned "CC" Community Commercial District Regulations with a conditional use for a Planned Commercial Center. He reported the Board of Zoning Adjustment granted the requested variance on the side yard setback. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to approve the second and final reading of the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman ' Nays: None ORDINANCE NO. 95-24 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 ' 9 04/04/95 PURSUANT TO SECTION 47F OF ORDINANCE N0. 82-73; (2) GRANTING CONDITIONAL USE PERMIT CU95-09 FOR AN AMENDMENT TO THE SITE PLAN APPROVED BY ORDINANCE NO. 94-108 TO DEVELOP AN 11 ,238 SQUARE FOOT STRIP OFFICE CENTER IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS, WITH PROFESSIONAL OFFICE USES, WITH A CONDITIONAL USE FOR A PLANNED COMMERCIAL CENTER 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 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 15. Award Bid 95-592 Purchase Two Filing Systems Staff recommended award of Bid 95-592 Purchase of Two Filing Systems to the lowest and best bidders meeting specifications: Metroplex Office Systems in the amount of 59,992.00 for Item 3 for the Police Department and Sytek Storage Products, Inc. for Item 2 in the amount of 53,378.00 for Municipal Court. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None 10 04/04/95 Item 16. Consideration of Minutes City Secretary recommended approval of the minutes of the March 21 , 1995 City Council meetings as published. Mayor Pro Tem Ware, seconded by Council Member Pittman, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None MISCELLANEOUS REPORTS AND/OR DISCUSSION ITEM 17. 1994 GRAPEFEST VIDEO Staff presented the video filmed during 1994 GrapeFest by Mr. Robin Leach. ADJOURNMENT Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a motion to adjourn the meeting at 9:08 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman ' Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of April , 1995. APPROVED: �� � Ted R. Ware � Mayor Pro Tem 11 04/04/95 ATTEST: - �, Lind uff City Secretary 12 '