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Home My WebLink About1989-11-21 Joint Meeting � i i i �g 9 i I AGENDA � CITY OF GRAPEVINE, TEXAS ! REGULAR JOINT CITY COUNCIL � & j ' PLANNING & ZONING COMMISSION MEETING ; TUESDAY, NOVEMBER 21 , 1989 AT 7 : 30 P.M. ; ; COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 � ; 307 WEST DALLAS ROAD � � � i I � 3 4i = CALL TO ORDER I � ' � i � � INVOCATION: Commission Member Robert Hinson � E � ! OATH OF OFFICE ; 1 . Oath of Office to be administered to newly appointed Planning & Zoning Commission Member Mr. Don Frieden. ! � i j JOINT PUBLIC HEARINGS � i ; 2 . City Council and Planning & Zoning Commission to conduct a j , public hearing relative to proposed amendments to � Comprehensive Zoning Ordinance No. 82-73 , as amended, � Section 3 Districts and Boundaries Thereof; Section 12 � i Definitions; Section 38 "GU° Governmental Use District to l ; provide for a conditional use for airport related uses and � ' governmental immunity provisions; Section 40 "DFW" Dallas/Fort j Worth International Airport District relative to deleting and ! repealing the district; Section 47 Site Plan Review relative � to existing or future development and Section 48 Conditional Uses. 3 . City Council and Planning & Zoning Commission to conduct a � public hearing relative to Zoning Application Z89-11 initiated s by the City of Grapevine to rezone 7 ,800 acres from "DFW" ; Dallas/Fort Worth International Airport District to "GU" ? Governmental Use District. The subject tract is the entire ; Dallas/Fort Worth International Airport that lies within the � � City of Grapevine, Texas, which generally constitutes the � ; southeastern portion of Grapevine. The southwestern boundary � i is Grapevine-Euless Road and William D. Tate Avenue (State � Highway 121) ; the western boundary is Ira E. Woods Avenue (State Highway 26) ; the northern boundaries are State Highway 114 , State Highway 26 , and Bethel Road; the southern boundary is Glade Road; and the eastern boundary is the Grapevine City limits and Tarrant County boundary line. � I 4 . City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU89-15 filed by Hanover Incorporated requesting a conditional use ; permit for a Planned Commercial Center and a forty foot (40 ' ) � � pole sign. The subject 6 . 18 acre tract, zoned "CC" Community i Commercial District Regulations, is located between Wal-Mart � i and the Fina Station, with frontage on William D. Tate Avenue � ' and State Highway 114 . (Lots 1R, 3 , 4 , and 5, Block 1 of the � Towne Center Addition) . � � a ' 5 . City Council and Planning & Zoning Commission to conduct a a k public hearing relative to the replat of Lots 1R, 3 , 4, and 5, ' Block 1 of the Towne Center Additian into four lots becoming � Lots 1R1 , 3R, 4R, and 5R, Block 1 of the Towne Center � Addition. The subject property is located on the northwest corner of William D. Tate Avenue and State Highway 114 � intersection. The application was filed by Lawrence A. Cates & Associates, Inc. for a proposed commercial development. � � � € � END OF JOINT PUBLIC HEARINGS � Planning & Zoning Commission to recess to Conference Room #204 � to consider other published agenda items. � City Council to remain in session in the Council Chambers to � consider further business. § � IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C. S. , AS AMENDED BY � CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE � .� REGULAR JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING 9 AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF NOVEMBER, � 1989 AT 5 : 00 P.M. � � � 7 _ a � ' Lin a Huff ' � � City Secretary ; i � , I 0 � 1 � # i y ` E 9 f � � i g i �'t, � � � � � I i i I i i � i i i E � � � � { i � � � ' � { ks � I I � S � � � �9 � S i f � � 1 :� � i � � � � � j ! � � � I � � � � � i s � i i � � � I � � ! 4 � � � _ � � ; k S � � � � SUPPLEMENTAL CORRECTIVE AGENDA ; � a i , � THE CITY COUNCIL DOES HEREBY DECLARE AN EMERGENCY AND THAT A 's, URGENT PUBLIC NECESSITY EXISTS TO CORRECT A TYPOGRAPHICAL a ERROR THAT WAS REASONABLY UNFORSEEABLE WHICH REQUIRES � IMMEDIATE ACTION, TO—WIT: ; TITLE TO THE AGENDA IS HEREBY CORRECTED TO READ AS FOLLOWS: i i "AGENDA CITY OF GRAPEVINE, TEXAS ' ' REGULAR CITY COUNCIL MEETING j TUESDAY, NOVEMBER 21 , 1989 AT 7 : 30 P.M. � COUNCIL CHAMBERS — MUNICIPAL COURT ROOM #205 ? � 307 WEST DALLAS ROAD" ; ; J R � IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C.S . , AS AMENDED � E � 4 BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR ; ; SESSION, THE REGULAR CITY COUNCIL MEETING SUPPLEMENTAL � i CORRECTIVE AGENDA WAS PREPARED AND POSTED ON THIS THE 21ST � ` DAY OF NOVEMBER, 1989 AT 3 : 35 P.M. � i � i � � , � 3 Lin a uff � City Secretary ; i � � � i k ; � { � � 1 � 4 � � � S � � � f }{ E E I � 5 �g B $ � 5 , � ( � € � � , d # :� � '� €q ! � � �y 3 � � . � � � AGENDA � CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING � TUESDAY, nT^�'�F� �—r�-�� AT 7 : 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 � 307 WEST DALLAS ROAD � /Uo v� ri� l3 �l°- a �� 4 d'�j �'t� nl�,�d y CITIZENS REQUEST � � � : NEW BUSINESS � � � � 6 . Consider approval for Tarrant County to file condemnation papers as required for the acquisition of rights-of-way for � the widening of State Highway 26 from Northwest Highway to � State Highway 121 and take any necessary action. � ig E 7 . Consider award of the State Highway 26 Utility Relocation ; construction project to the low bidder, Pate & Pate � Enterprises, Inc. , in the amount of $1 , 009, 712 . 18, ; authorization for the City Manager to execute a contract with � i the low bidder and take any necessary action. � � p � 8 . Consider an ordinance amending the Grapevine Code of g Ordinances Chapter 14 Occupational Licenses, Taxes and § i Regulations relative to the regulation and taxation of coin-operated machines to comply with Senate Bill 896 enacted � during the regular 1989 Texas Legislative Session and take any ; necessary action. � ! � CONSENT AGENDA � i � 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 Council for � � full discussion. Approval of the consent agenda authorizes the s i City Manager, or his designee, to implement each item in accordance � � with Staff recommendations. ; i � 9 . Consider second and final reading of Ordinance No. 89-74 � � amending the Grapevine Code of Ordinances, Chapter 20 , � � Article I, Section 20-17 . 1 (c) relating to establishing � regulations for temporary signs in the right-of-way. Director � of Community Development recommends approval on second and � s final reading. , 's � f i 10 . Consider second and final reading of Ordinance No. 89-78 � j amending the Comprehensive Zoning Ordinance No. 82-73, as � kamended, Section 12 Definitions; Section 25 "CC" Community � M Commercial District Regulations relative to minimum lot size { C and outdoor commercial amusements; Section 31 "LI" Light Industrial District relative to outdoor storage and dumpster ; � placement; Section 48 Conditional Uses relative to landscape � plans; Section 49 Specific Use Permits relative to landscape � � plans; Section 53 Landscaping Regulations relative to planter � islands and Section 60 Sign Standards relative to pole signs. � Director of Community Development recommends approval on � � M1� second and final reading. I , �� 11 . Consider second and final reading of Ordinance No. 89-77 � I relative to Conditional Use Application CU89-14 granting a conditional use permit filed by Waffle House, Incorporated to amend an approved site plan for an addition to a Planned Commercial Center and a forty foot (40 ' ) pole sign. j The subject 13 .514 acre tract, zoned "HC" Highway Commercial District Regulations, Planned Commercial Center, is located on the northeast corner of State Highway 114 and William D. Tate Avenue intersection (Lot 3R3, Block 1 , Hayley Addition) . Director of Community Development recommends approval on second and final reading. � � � R � 12. Consider award of Bid 90-148 for four (4) pickup trucks to the ' lowest and best bidders meeting specifications: Jack Williams � Chevrolet in the amount of $24 ,048 . 00 for Items 1 and 4; Westway Ford in the amount of $22 , 580 . 00 for Items 2 and 3; � and consider rejecting all bids received for Item 5 . Staff recommends approval. � 13 . Consider award of Bid 90-149 for two (2) police motorcycles to � the lowest and best bidder meeting specifications, Grapevine � Kawasaki, Inc. , in the amount of $12 , 085 . 38 . Staff recommends � approval. � 14 . Consider award of Bid 90-150 for seven (7) police pursuit � vehicles to the lowest and best bidder meeting specifications, � Graff Chevrolet, in the amount of $95, 809 . 00 . Staff � recommends approval. � i � 15 . Consider award of Bid 90-151 for one (1) tractor to the lowest � ! and best bidder meeting specifications, Masters International, � ; Inc. , in the amount of $10 , 923 . 00 . Staff recommends approval. � 1 r 16 . Consider authorizing the expenditure of $14 ,250 . 00 from the � ! Dove Tank Project Water Bond Fund for the replacement of trees � ' along the path of the pipeline across U. S. Army Corps of ' Engineers property. Staff recommends approval. � i � ' 17. Consider award of Bid 90-156 for the planting and one year ! j ( guarantee of 200 trees to the lowest and best bidder meeting � � specifications, Glade Road Garden Center, in the amount of j i $14 , 250 . 00 , relative to the Dove Tank Pipeline across U. S. I ' Army Corps of Engineer property. Staff recommends approval. � � ' 18. Consider rejecting all bids received for Bid 90-152 for a dump � truck due to budgetary constraints. Staff recommends ; approval. � ; 19. Consider an ordinance abandoning and vacating a ten foot (10 ' ) � ! public utility easement across the north side of Lot 20R, � ' Block 3 of the McClelland Addition. Director of Public Works � � recommends approval. � r � 1 � PLANNING & ZONING COMMISSION RECOMMENDATIONS � � � 20. Consider the recommendation of the Planning & Zoning � i Commission relative to proposed amendments to the � , Comprehensive Zoning Ordinance No. 82-73 , as amended, � j Section 3 Districts and Boundaries Thereof; Section 12 � ' Definitions; Section 38 "GU" Governmental Use District; � Section 40 "DFW" Dallas/Fort Worth International Airport � District; Section 47 Site Plan Review; Section 48 Conditional Uses and first reading of a subsequent ordinance, if � applicable. � � � 21. Consider the recommendation of the Planning & Zoning � � Commission relative to Zoning Application Z89-11 (City of � , Grapevine/DFW Airport) and first reading of a subsequent � � ordinance, if applicable. $ � � 22. Consider the recommendation of the Planning & Zoning � s � Commission relative to Conditional Use Application CU89-15 � ; � �� (Hanover Incorporated) and a subsequent ordinance, if � applicable. � j ' 23. Consider the recommendation of the Planning & Zoning � Commission relative to the replat of Lots 1R, 3 , 4, and 5, � Block 1 of the Towne Center Addition into four lots becoming Lots 1R1 , 3R, 4R, and 5R, Block 1 of the Towne Center Addition and take any necessary action. � � � � � � � P � � 24. Consider the recommendation of the Planning & Zoning � Commission relative to the final plat of Lot 1 , Block 1 of the � TWK Addition and take any necessary action. � € ; � EXECUTIVE SESSION � � h 25. City Council to recess to Conference Room #204 to discuss � [A] contemplated litigation (relative to Dallas/Fort Worth � International Airport Board' s decision relative to proposed � Runway 16/34 West) ; [B] contemplated litigation (GTE � � Franchise--payment of franchise fee) and [C] real estate � (relative to the purchase of right-of-way on Mustang Drive) E under amendments to Article 6252-17 , V.A.T.C. S. , Subsections j 2 (e) and 2 (f) . � � City Council to reconvene and take any necessary action � relative to [A] contemplated litigation (relative to � Dallas/Fort Worth International Airport Board' s decision � relative to proposed Runway 16/34 West) ; [B] contemplated F litigation (GTE Franchise--payment of franchise fee) and [C] � ' real estate (relative to the purchase of right-of-way on ; � Mustang Drive) under amendments to Article 6252-17 , � V.A.T.C.S . , Subsections 2 (e) and 2 (f) . � Y � MISCELLANEOUS REPORTS AND/OR DISCUSSION � � 26. Director of Public Works to present a progress report on the � � Municipal Service Center. f � � � ADJOURNMENT ? � x IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C. S. , AS AMENDED BY � CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE ? � REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS � f THE 17TH DAY OF NOVEMBER, 1989 AT 5 : 00 P.M. � E 3 f � � 1 i I � k � f P � ; i da Huff j City Secretary � 1 � j I � i i � i g i � f I � # f � f t £ ! � � � ! � I � � � � $ i � C S Y � � � { § S § $ � � i �p R7 § e � � � � � fi Y S}@� E � � � � f S � �$ i � 3 AGENDA ° ; CITY OF GRAPEVINE, TEXAS ; REGULAR PLANNING & ZONING COMMISSION MEETING � TUESDAY, NOVEMBER 21 , 1989 AT 7 : 30 P.M. � CONFERENCE ROOM #204 p 307 WEST DALLAS ROAD i � f NEW BUSINESS � � � 1 . Planning & Zoning Commission to consider proposed amendments ; to Comprehensive Zoning Ordinance No. 82-73 , as amended, € Section 3 Districts and Boundaries Thereof; Section 12 � Definitions; Section 38 "GU" Governmental Use District; ; ' Section 40 "DFW" Dallas/Fort Worth International Airport s District; Section 47 Site Plan Review; Section 48 Conditional � Uses; and make a recommendation to the City Council. z � 2 . Planning & Zoning Commission to consider Zoning Application � Z89-11 (City of Grapevine\DFW Airport) and make a € recommendation to the City Council. ; i 3 3 . Planning & Zoning Commission to consider Conditional Use € Application CU89-15 (Hanover Incorporated) and make a � '� recommendation to the City Council. � _ a ' 4. Planning & Zoning Commission to consider the replat of � Lots 1R, 3, 4 , and 5 , Block 1 of the Towne Center Addition and � make a recommendation to the City Council. ! � i � ! MISCELLANEOUS REPORTS AND/OR DISCUSSION � � — I i l � ADJOURNMENT i � 9 i ( � IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C. S. , AS AMENDED BY � ; CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE � j REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED � � AND POSTED ON THIS THE 17TH DAY OF NOVEMBER, 1989 AT 5 : 00 P.M. � i ; � ! i i i (i(�w ` i da Huff i 3 City Secretary ; � � � � � � m � � � � � � � � � x ; & � r � � � d Fg t � � � t � i � ; � i ; i ; i i ; j i 3 ; i i t i i I i 4 3 � 1 s '� 4 � 9 i P E i � & EMERGENCY AGENDA i � CITY OF GRAPEVINE, TEXAS � � REGULAR PLANNING & ZONING COMMISSION MEETING � i TUESDAY, NOVEMBER 21 , 1989 AT 7 : 30 P.M. ; � CONFERENCE ROOM #204 ! S 307 WEST DALLAS ROAD � r ; ; i ` THIS EMERGENCY AGENDA IS POSTED FOR CONSIDERATION RELATIVE TO THE ; ; PLAT AS SUBSTANTIAL NOTICE HAD BEEN GIVEN (AS REFLECTED IN THE i ` CITY COUNCIL AGENDA THAT THE PLANNING & ZONING COMMISSION WOULD j i MAKE A RECOMMENDATION TO THE CITY COUNCIL) . THIS AGENDA FURTHER � IMPLEMENTS THE NOTICE AND NOT CONSIDERING THE PLAT WOULD POSE A ( � HARDSHIP ON THE PROPERTY OWNER TO GO FORTH AT THIS TIME. � € i k I i NEW BUSINESS � � ! 5 . Planning & Zoning Commission to consider the final plat � � of Lot l , Block 1 of the TWK Addition and make a ' recommendation to the City Council. � ' { i IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C.S. , AS AMENDED � � BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR s SESSION, THE REGULAR PLANNING & ZONING COMMISSION MEETING � EMERGENCY AGENDA WAS PREPARED AND POSTED ON THIS THE 21ST � DAY OF NOVEMBER, 1989 AT 9 :35 A.M. � i °s i � e s � .��-/ � ; Linda Huff ` ' City Secretary � # : z � i � E � i t � jf � 4 '3 � d �{ i � 1 � � � � t !p €y 6 � � � �pi E x ' � � i � � � � � � � STATE OF TEXAS � i COUNTY OF TARRANT � ; CITY OF GRAPEVINE �° j k � The City Council and Planning & Zoning Commission of the City of ' � ' Grapevine, Texas met in Regular Joint Session on this the 21st day � { of November, 1989 at 7 :30 p .m. in the Council Chambers, Municipal � a Court Room #205 , 307 West Dallas Road, with the following members ± � of the City Council present to-wit: � � � i € � 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 I ' constituting a quorum, with the following members of the Planning & � Zoning Commission: � k �, Ron Cook Chairman � Larry Oliver Vice Chairman r Larry Atchley Member Ervin Meyer Member =' � Robert Hinson Member � Don Frieden Member � i x i � constituting a quorum, with Commission Member Cathy Martin absent, � with the following members of the City Staff: Mark S. Watson City Manager � Kelvin Knauf Assistant City Manager � John F. Boyle, Jr. City Attorney � Linda Huff City Secretary � � i: � ; � � CALL TO ORDER � �' i �: � Mayor Tate called the meeting to order at 7 :30 p.m. � � � i � INVOCATION � The Invocation was delivered by Commission Member Hinson. �` n � ITEM 1 . OATH OF OFFICE, MR. DON FRIEDEN � � � City Secretary Linda Huff administered the Oath of Office to newly � � appointed Planning & Zoning Commission Member pon Frieden. Mr. �' Frieden' s term will expire in 1991 . � � � s ITEM 2 . PUBLIC HEARING, AMEND COMPREHENSIVE ZONING ORDINANCE � � NO. 82-73, AS AMENDED, SECTION 3 DISTRICTS AND BOUNDARIES E THEREOF; SECTION 12 DEFINITIONS; SECTION 38 "GU" �; : GOVERNMENTAL USE DISTRICT; SECTION 40 "DFW" DALLAS/FORT ' WORTH INTERNATIONAL AIRPORT DISTRICT; SECTION 47 SITE � PLAN REVIEW AND SECTION 48 CONDITIONAL USES k � � � � Mayor Tate declared the public hearing open. 4 � " Director of Community Development H. T. Hardy advised the proposed � amendments to Comprehensive Zoning Ordinance No . 82-73 , as amended, � , were a result of the proposed rezoning (case to be heard tonight) � of the Dallas/Fort Worth International Airport property from "DFW° Q , E Dallas/Fort Worth International Airport District to "GU° � � Governmental Use District. The proposed amendments to Section 3 �; � Districts and Boundaries Thereof is to delete the term "DFW" �: Dallas/Fort Worth International Airport District; Section 12 � � � � � � � , � � r � 11/21/89 � � � � � � Definitions to add a new definition for structure; Section 38 "GU" � Governmental Use District to provide for a conditional use for airport related uses and governmental immunity provisions; � Section 40 "DFW" Dallas/Fort Worth International Airport District � is proposed to be deleted in its entirety; Section 47 Site Plan � , Review and Section 48 Conditional Uses to provide additional ; information for site plan approval on projects that may have ° adverse impact on existing or future development. � � Mayor Tate inquired as to the purpose of the governmental immunity � provisions. Mr. Hardy responded there may be some instances where � certain governmental subdivisions of the United States (i.e. Post � Office) may be immune from the zoning ordinance, and where the City determines it would be in its best interest to provide governmental � immunity to a governmental use. � � There were no questions from the Planning & Zoninq Commission. � Mayor Tate invited those guests present to comment either for or b against the proposed amendments. � � ' � Mr. Gary Keane, 6223 Brookside, Dallas, Legal Counsel for the ; Dallas/Fort Worth International Airport, addressed the City Council � and Commission on behalf of the Airport Board. He stated it was x the position of the Airport Board and the cities of Dallas and Fort � Worth, who own the airport, that the City of Grapevine is wholly � � lacking in jurisdiction or legal authority to zone within the � boundaries of DFW Airport. Most especially, if and to the extent � ' the exercise of that power would impact in any way on the { ; operation, development, planning, construction of the airport--as � an airport--as an air navigation facility, and most especially to � ; the extent the exercise of that power would impinge upon the � ' autonomy and the powers of the Board as they have been conferred ; upon the Board by the State Legislature. He stated that they ' � believe if the City has been advised to the contrary, that the City i i was badly misadvised. All of this preface to the meat of the j Airport Board' s position which is simply that if Items 2 and 3 are i ' approved, the Airport Board will simply ignore and disregard them, � ; having no intention whatever of submitting its decisions in the ; r operation of the Airport to the City of Grapevine, the requlation ; ' and approval of the City of Grapevine or any other city. They � t regret that is the case, but feel there is no alternative. This is � � for the Airport Board a take no prisoners issue! There is not and ; i cannot be any room for negotiation or compromise on this. They s regret the Council has seen fit to seriously entertain taking this � step--firing this shot in the escalating battle between the Airport � Board and the City of Grapevine with respect to runway expansion. � He stated the Airport Board will bring all of its very considerable ; '' resources supported by the airlines, to bear to maintain the � inte rit and the autonom of the Air ort Board which after all � i g Y Y P . ; has been charged by the State Legislature with operating the Airport. The City of Grapevine has not. � 1 , Mr. Jim Swann, 1018 Riverside Drive, stated a three step review ' process that he believes should be considered anytime an � ordinance/law is created or highly modified: is there a need, is j it enforceable, and what is net cost involved. The proposed � amendments and rezoning of airport property would greatly increase � j administrative tasks; therefore, the need to increase staff. He � requested these issues be answered: can the proposed amendments be � enforced and administrated by the City, what are staff increases ; and costs involved, and what is the net benefit, pro and con to the ! City. � � € Mr. W. L. Cowley, 3056 Sundial, Dallas, property owner in the i southwest section of the City, addressed the City Council and ! 3 Planning & Zoning Commission on behalf of the property owners in ; the City of Grapevine. He stated his objections to the proposed ; amendments to Section 38 and stated they were an infringement upon � his rights as a property owner and tax payer. He then stated his ; objections and outlined a proposal to protect the Grapevine ; property owners from encroachment by governmental units covered by � the City Code. He said he believes the citizens should be duly j 3 � 2 � 11/21/89 Dear Honorable Mayor, Council Members and Members of the Planning & Zoning Commission: � As a long-time resident, businessman and property owner, � I desire to make these remarks: � I am keenl aware the D.F.W. Air ort is an extremel � Y P Y � important factor in the economy of Grapevine, as well as � other cities in the Metroplex. However, at some point, a � , good economy must properly be balanced by a good, healthy environment. At the present, the North and West sections in and around the airport do not provide enough space to : I insulate properly the air traffic using the airport from much of the City. This deficiency regularly causes excessive noise during airplane operations to the extent that it hinders peaceful use and occupation of the area � ' at best, and excessive and untenable conditions at its ,I � worst. � � As citizens of Grapevine, we are now faced with a plan � ( which will further erode property values and quality of � � life over a major portion of the center of our city. � �I �One of the few ways in which we can stop this additional damage is for our City Government to be given the widest � latitude of zoning control, and along with our other � defensive resources, use them for the strict regulations of the use of D.F.W. within and around the City for the E benefit of its people. � � � � It is hoped that the Mayor and City Council continue their determination to Protect and preserve the quality 9 of our community. � I � In summary, I strongly urge the change in zoning of the � � property described in Zoning Application 89-11 from � "D.F.W. " Dallas-Fort Worth Airport Zoning District to I "G.U. " Governmental Use District. . � € Res ectfull submitted � { P Y � ; E � Joe N. Box i � � ------------------------------------------------------------------- � ------------------------------------------------------------------- � 1 i To: City Council and Planning & Zoning Commission of the � ' City of Grapevine � i ! We are opposed to the change in zoning as proposed in � ! zoning application 89-11 (City of Grapevine) if this � i zoning change would prevent the economic growth of the � D/FW Airport. We purchased a 14 acre tract at Glade and � ; Fuller Wiser in 1963 . i � i � j We have paid high taxes for 25 years based on commercial � development on our land. Our planning for 25 years has ' been on this tract being a supportive investment into our � retirement years. Thus if this change will adversely � � affect our long term investment, we are opposed. ; I � ' � Sincerely, � � James and Gayle Lollar j i , ------------------------------------------------------------------- � , Commission Member Meyer, seconded by Commission Member Atchley, � made a motion to close the public hearing. The motion prevailed by � the following vote: i � 4 ; i � i < 4 � ,� Z � 11�21�89 � ; � 'i E; ; �: � Ayes . Cook, Oliver, Atchley, Meyer, Hinson & Frieden � ' Nays . None " i Absent: Martin ' � � € Mayor Pro Tem Ware made a motion to close the public hearing. The � _ motion was seconded by Council Member Wilbanks and prevailed by the 6 � following vote: � I a � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None � � , ,. ; ITEM 4 . PUBLIC HEARING, CONDITIONAL USE APPLICATION CU89-15, � � HANOVER INCORPORATED ; `' Mayor Tate declared the public hearing open. �, ; � �: i Director of Community Development H. T. Hardy advised Conditional � ; Use Application CU89-15 had been filed by Hanover Incorporated � � requesting a conditional use permit for a Planned Commercial Center �+. ' and a forty foot (40 ' ) pole sign. The subject 6 .18 acre tract, � ° zoned "CC" Community Commercial District Regulations, is located � between Wal-Mart and the Fina Station, with frontage on William D. � Tate Avenue and State Highway 114 . (Lots 1R, 3 , 4 , and 5 , Block 1 of the Towne Center Addition) . � � ; Mr. Hardy stated the site plan depicts three proposed restaurants: � � Arby' s containing 1 , 997 sq, ft. with a seating capacity for 68 � ' people; Luby' s Cafeteria containing 10, 740 sq. ft. with a seating �, ' capacity for 286 people; and International House of Pancakes � containing 4, 461 sq. ft. with a seating capacity for 160 people. � Also depicted is a 27 ,000 square foot building for future � ' development as either a retail or restaurant use and a forty foot I � (40 ' ) pole sign will be located along State Highway 114 frontage � i Road on Lot 3 (Luby' s) . The applicant has requested an exception � to the sign cabinet width and cabinet depth. � � � ! � ; Mr. Larry Good, 300 Tramel Crow Center, Dallas, requested favorable i consideration of the conditional use permit and commented the � � approach the City has designed is the proper way to ensure quality � i development within the City. � i i � There were no questions from the City Council or Planning & Zoning � � Commission. Mayor Tate invited guests present to comment either �: for or against the proposed conditional use request. �; � Mr. Gerald Hartsell, 1401 River Run, Suite 800 , Fort Worth, � � adjacent property owner to the subject tract, questioned the � proposed pole sign on the property and what effect it will have on Wal-Mart and the stri arcel develo ed to the north of the sub 'ect � P P P J � property. He understood there was to be one master sign to serve � �' the shopping center. Mr. Hardy advised all signage relative to the � ` conditional use permit is regulated by the City Council and �i, : Planning & Zoning Commission, pole signs can be added to the � ` shopping center, if approved by the City Council and Planning & � Zoning Commission. � 3 k. t' ' Commission Member Atchley, seconded by Commission Member Frieden, � � � made a motion to close the public hearing. The motion prevailed by � ; the following vote: � � ; Ayes . Cook, Oliver, Atchley, Meyer, Hinson & Frieden � ; Nays : None � i Absent: Martin � £ ; �, '' Council Member Traverse, seconded by Mayor Pro Tem Ware, made a � motion to close the public hearing. The motion prevailed by the � � following vote: ' �' � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � � Nays: None � ; � 1 � � a 5 � � � � 11/21/89 ITEM 5 . PUBLIC HEARING, REPLAT OF LOTS 1R, 3 , 4 , AND 5 , BLOCK 1 OF THE TOWNE CENTER ADDITION i Mayor Tate declared the public hearing open. ' �i Manager of Engineering Stan Laster stated that the Code of j Ordinances requires a public hearing be held to address the replat � filed by Lawrence A. Cates & Associates, Inc. , to replat 6 . 18 acres � I (Lots 1R, 3 , 4 , and 5 , Block 1 of the Towne Center Addition) into � four lots becoming Lots 1R1, 3R, 4R, and 5R, Block 1 of the Towne � Center Addition. The subject property is located on the northwest corner of William D. Tate Avenue and State Highway 114 intersection. A commercial development is proposed and it was necessary to make minor adjustments on the interior lot lines. , � There were no questions from the Planning & Zoning Commission. Brief Council discussion ensued concerning the twenty foot (20 ' ) � � emergency and utility easement. � I Mayor Tate invited guests present to comment relative to the � � proposed replat. � i Mr. Gerald Hartsell, spoke on behalf of Cutler Hayden and himself, £ i (property owners to the north of the subject tract) , stating he � objected to the proposed replat and requested it be tabled until a � j contractual issue between himself and the other property owners E could be resolved relative to the use and impact on his property � ( (north of Wal-Mart and the subject property) . E � � Commission Member Meyer, seconded by Commission Member Atchley, made a motion to close the public hearing. The motion prevailed by � , the following vote: s � � Ayes . Cook, Oliver, Atchley, Meyer, Hinson & Frieden ` Nays : None � ; Absent: Martin � i i Council Member Spencer, seconded by Council Member Wickman, made a ; motion to close the public hearing. The motion prevailed by the j following vote: ; ffi i Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � � Nays: None � ; l � � END OF JOINT PUBLIC HEARINGS � i �; Mayor Tate announced the Planning & Zoning Commission would recess to Conference Room #204 to consider published agenda items. The � ' City Council would remain in session to consider published business. � � i I ITEM 5A. CONSIDERATION SUPPLEMENTAL AGENDA 1 i �j City Attorney John F. Boyle, Jr. stated the City Secretary had ' posted a supplemental agenda to correct a typographical error on � ; the heading of the City Council ' s Regular Agenda. City Secretary � � ; Linda Huff then read the following into the record: ! � ;� i SUPPLEMENTAL CORRECTIVE AGENDA E � I 3 i ' THE CITY COUNCIL DOES HEREBY DECLARE AN EMERGENCY AND j THAT A URGENT PUBLIC NECESSITY EXISTS TO CORRECT A � TYPOGRAPHICAL ERROR THAT WAS REASONABLY UNFORSEEABLE � WHICH REQUIRES IMMEDIATE ACTION, TO-WIT: ; ; i TITLE TO THE AGENDA IS HEREBY CORRECTED TO READ AS j FOLLOWS: i � � � 6 j i i � � �: 11/21/89 $ � � �: � � � "AGENDA � CITY OF GRAPEVINE, TEXAS � REGULAR CITY COUNCIL MEETING �. TUESDAY, NOVEMBER 21 , 1989 AT 7: 30 P.M. ; COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 ' 307 WEST DALLAS ROAD" _ � g � , IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C.S . , l�S � � AMENDED BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, � REGULAR SESSION, THE REGULAR CITY COUNCIL MEETING $ SUPPLEMENTAL CORRECTIVE AGENDA WAS PREPARED AND POSTED ON � THIS THE 21ST DAY OF NOVEMBER, 1989 AT 3 :35 P.M. _ � Mayor Pro Tem Ware, seconded by Council Member Wilbanks, made a � motion to declare the emergency and authorize City Council to fi: consider the supplemental agenda. The motion prevailed by the � following vote: � € � Ayes: Tate, Ware, Spencer, Wilbanks , Traverse, Pittman & Wickman �' Nays: None � k: � ITEM 6 . AUTHORIZE STATE HIGHWAY 26 RIGHT-OF-WAY ACQUISITION/ ° CONDEMNATION � � Manager of Engineering Stan Laster advised the City has been � contacted by Tarrant County Officials for the City of Grapevine to � grant approval to Tarrant County for right-of-way condemnation as deemed necessary by Tarrant County to acquire right-of-way for the " State Highway 26 widening project from Northwest Highway to State � Highway 121 . � Council Member Pittman, seconded by Council Member Traverse, made a � : motion to grant approval to Tarrant County authorizing them to file �' the necessary condemnation papers as required for the acquisition � of right-of-way for the widening of State Highway 26 . The motion ^� prevailed as follows: � � a Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None S �'; � ITEM 7 . AWARD CONTRACT, STATE HIGHWAY 26 UTILITY RELOCATION �' � CONSTRUCTION PROJECT �� Manager of Engineering Stan Laster stated the utility relocation �' contract is required in preparation for the planned State ¢. Highway 26 widening from Northwest Highway to State Highway 121. � The project includes the relocation and upsizing of facilities to � meet the Water and Wastewater Master Plan. The project was amended � ; to include the Phase II Water Pipeline project from the Water � Treatment Plant to State Highway 26 as part of the State Highway 26 � � relocation project. Staff recommended awarding the contract to the � ' low bidder, Pate & Pate Enterprises, Inc. , in the amount of �' � � $1 ,009 ,712 . 18 , and requested authorization for the City Manager to execute a contract with said low bidder. � � Council Member Pittman made a motion to award the contract to the � low bidder Pate & Pate Enterprises, Inc. , in the amount of � $1 ,009 , 712 . 18 and for the City Manager to execute said contract. ¢ Mayor Pro Tem Ware offered a second to the motion which prevailed � as follows: � � e Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman $ Nays: None t �: � � � � i �. € � � 7 � � 11/21/89 � � � � ITEM 8 . ORDINANCE, AMEND CHAPTER 14 , OCCUPATIONAL LICENSES, TAXES � AND REGULATIONS (COIN-OPER.ATED MACHINES) � � Director of Community Development H. T. Hardy advised the proposed � �; amendments to the Grapevine Code of Ordinances , Chapter 14 < ; Occupational Licenses, Taxes and Regulations were necessary due to � State Law changes initiated in the last regular legislature � session. The authority for cities to charge a license fee for � I, coin-operated amusement machines was repealed. The City can still � license the operator of an establishment and regulate the number of � 'i machines to not violate the City' s zoning ordinance. Once an € establishment has over seven (7) machines it becomes a conditional � use and would have to be approved by the City Council . The � enforcement provisions of the coin-operated machine regulations will be moved from the City Secretary ' s office to the Community � Development Department. ! � $ The caption of the proposed ordinance was read into the record. � � Y i Council Member Traverse, seconded by Council Member Wilbanks, made � ; a motion to adopt the ordinance as Staff recommended. The motion ° j prevailed by the following vote: � F i ; Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � � Nays: None � ; �; i ORDINANCE N0. 89-79 ; 4 � � AN ORDINANCE OF THE CITY COUNCIL OF THE � ; CITY OF GRAPEVINE, TEXAS, AMENDING THE � r GRAPEVINE CODE OF ORDINANCES CHAPTER 14 ! OCCUPATIONAL LICENSES, TAXES AND � REGULATIONS BY DELETING AND REPEALING ; � ARTICLE I REGULATION OF COIN-OPERATED � � MACHINES AND BY AMENDING ARTICLE II � � BILLIARD HALLS AND SKILL OR PLEASURE ; ; COIN-OPERATED MACHINE ESTABLISHMENTS; € j PROVIDING A SEVERABILITY CLAUSE; � ; DECLARING AN EMERGENCY AND PROVIDING AN � ; EFFECTIVE DATE � i � � CONSENT AGENDA $ i � � The next order of business was for the City Council to consider the � � consent agenda items , which were deemed to need little or no i ' 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 Wilbanks removed Item 16 Funding for � Tree Replacement, Dove Tank Project, and Item 17 Bid 90-156 Tree ; Replacement, Dove Tank Project. � � � : Item 9 . Final Reading, Ordinance No. 89-74 , Amend Chapter 20 � Temporary Signs in Right-of-Way � , � Director of Community Development recommended approval of Ordinance � ; No. 89-74 on second and final reading amending the Grapevine Code � of Ordinances, Chapter 20, Article I, Section 20-17 . 1 (c) relating to establishing regulations for temporary signs in the ± right-of-way. j � , ! The caption of the proposed ordinance was read into the record. � Motion by Council Member Spencer and seconded by Council Member % Traverse to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks,, Traverse, Pittman & Wickman ; Nays : None ; � I � � i 8 � # � + � ; � 11/21/89 E. � � � " � j ORDINANCE N0. 89-74 F i � � �; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY � OF GRAPEVINE, TEXAS, AMENDING CHAPTER 20 , � � ARTICLE I, SECTION 20-17 . 1 (c) OF THE CITY � CODE OF ORDINANCES RELATING TO TEMPOR.ARY � SIGNS IN THE RIGHT-OF-WAY; PROVIDING A � � SEVERABILITY CLAUSE AND PROVIDING AN � EFFECTIVE DATE k a � ; � Item 10 . Final Reading, Ordinance No. 89-78 , Amendin Com rehen- � sive Zoning Ordinance No. 82-73, as amended, Section 12 �; Definitions, Section 25 "CC" Community Commercial `: � District Regulations , Section 31 "LI" Light Industrial � District; Section 48 Conditional Uses, Section 49 a Specific Use Permits, Section 53 Landscaping Regulations � and Section 60 Sign Standards �'. Director of Community Development recommended approval of Ordinance � No. 89-78 on second and final reading amending the Comprehensive E. � Zoning Ordinance No . 82-73 , as amended, Section 12 Definitions; " � Section 25 "CC" Community Commercial District Regulations relative �' �_ ' to minimum lot size and outdoor commercial amusements; Section 31 � ' "LI" Light Industrial District relative to outdoor storage and dumpster placement; Section 48 Conditional Uses relative to � landscape plans; Section 49 Specific Use Permits relative to g ± landscape plans; Section 53 Landscaping Regulations relative to � ; � planter islands and Section 60 Sign Standards relative to pole � signs. ' �; �: The caption of the proposed ordinance was read into the record. �' °r Motion by Council Member Spencer and seconded by Council Member � Traverse to approve as recommended prevailed by the following vote: � ,.' � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman g: i Nays : None ` � � � '� ORDINANCE NO. 89-78 � s AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, � AMENDING ORDINANCE NO. 82-73, THE � COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF g! GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS � � APPENDIX "D" OF THE CODE OF ORDINANCES OF THE � CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR � AMENDMENTS AND CHANGES TO ZONING REGULATIONS � � BY AMENDING SECTION 12 DEFINITIONS; BY ° AMENDING SECTION 25 "CC" COMMUNITY COMMERCIAL �, DISTRICT REGULATIONS; BY AMENDING SECTION 31 � "LI" LIGHT INDUSTRIAL DISTRICT REGULATIONS; � BY AMENDING SECTION 48 CONDITIONAL USES; BY � AMENDING SECTION 49 SPECIAL USE PERMITS; BY �; AMENDING SECTION 53 LANDSCAPING REGULATIONS � AND BY AMENDING SECTION 60 SIGN STANDARDS; � 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 COMMITTEE EACH DAY DURING OR ON WHICH � AN OFFENSE OCCURS OR CONTINUES; PROVIDING A � SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Item 11 . Final Reading, Ordinance No. 89-77 , Conditional Use � Application CU89-14 , Waffle House, Incorporated � � � Director of Community Development recommended approval of Ordinance � � No. 89-77 on second and final reading granting a conditional use � to amend an approved site plan for an addition to a Planned � 9 � 11/21/89 � � � ' The � Commercial Center and a forty foot (40 ) pole sign. application was filed by Waffle House, Incorporated. The subject � 13 .514 acre tract, zoned "HC" Highway Commercial District � Regulations, Planned Commercial Center, is located on the northeast corner of State Highway 114 and William D. Tate Avenue intersection � (Lot 3R3 , Block 1 , Hayley Addition) . � s The caption of the proposed ordinance was read into the record. � � � Motion by Council Member Spencer and seconded by Council Member � Traverse to approve as recommended prevailed by the following vote: � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None � � ORDINANCE NO. 89-77 � � AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, � AMENDING ORDINANCE NO. 82-73 , THE � ' COMPREHENSIVE ZONING ORDINANCE OF THE CITY, � I BY AMENDING THE CONDITIONAL USE PERMIT ' GRANTED BY ORDINANCE NO. 87-70 OF THE CITY � i FOR A PLANNED COMMERCIAL CENTER ON LOTS 1 ' THROUGH 5B, BLOCK 1 , HAYLEY ADDITION TO THE � � CITY OF GRAPEVINE, AS FOLLOWS . (1) AMENDING � THE MASTER SITE PLAN ATTACHED HERETO AS � j EXHIBIT "A" BY, AMONG OTHER THINGS, INCLUDING ! A BUILDING SITE ON LOT 3R3 AS SHOWN THEREON � � AND SUBJECT TO THE STANDARDS SET FORTH IN � � EXHIBITS "B" THROUGH EXHIBITS "E" ATTACHED � i HERETO, AND (2) AMENDING THE MASTER SITE PLAN E BY PERMITTING A FORTY FOOT (40 ' ) POLE SIGN � � ALONG STATE HIGHWAY 114; 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 i CONDITIONAL USE PERMIT; PROVIDING A PENALTY � j 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; AND PROVIDING AN i EFFECTIVE DATE � ; � i ! � i � Item 12 . Award Bid 90-148 , Four Pickup Trucks j Staff recommended award of Bid 90-148 for four (4) trucks to the i lowest and best bidders meeting specifications: . Jack Williams � Chevrolet in the amount of $24 , 048 . 00 for Items 1 and 4 ; Westway , Ford in the amount of $22 ,580 . 00 for Items 2 and 3; and rejecting � �; all bids received for Item 5 . � � Motion by Council Member Spencer and seconded by Council Member i � � Traverse to approve as recommended prevailed by the following vote: � � � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None � � i Item 13 . Award Bid 90-149 , Two Police Motorcycles � � Staff recommended award of Bid 90-149 for two (2) police � motorcycles to the lowest and best bidder meeting specifications, � Grapevine Kawasaki, Inc. , in the amount of $12 , 085 . 38 . ; � Motion by Council Member Spencer and seconded by Council Member � Traverse to approve as recommended prevailed by the following vote: � ; Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays : None � � 10 i � � � � 11/21/89 � i � i � ; � I Item 14 . Award Bid 90-150 , Seven Police Pursuit Vehicles � ; � �, Staff recommended award of Bid 90-150 for seven (7) police pursuit ' vehicles to the lowest and best bidder meeting specifications, � � Graff Chevrolet, in the amount of $95, 809 . 00 . � � Motion by Council Member Spencer and seconded by Council Member �; Traverse to approve as recommended prevailed by the following vote: � � � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � ? � Nays : None � , � i � Item 15 . Award Bid 90-151 , One Tractor � ; ' Staff recommended award of Bid 90-151 for one (1) tractor to the � lowest and best bidder meeting specifications, Masters � International, Inc. , in the amount of $10 , 923 . 00 . � � � Motion by Council Member Spencer and seconded by Council Member � ; Traverse to approve as recommended prevailed by the following vote: � � � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � i Nays : None � i � , �: � ITEM 16 . AUTHORIZE FUNDING, TREE REPLACEMENT, DOVE TANK PROJECT � i I � This item was removed from the consent agenda and discussed after � ; Item 19 . � i ` � I Staff recommended the City Council authorize the expenditure of � i $14 ,250 . 00 from the Dove Tank Project Water Bond Fund for the � � replacement of trees along the path of the pipeline across U.S. � ' Army Corps of Engineers property. � i: i Council Member Wilbanks questioned whether the the amount of �' � funding could be reduced if some trees were utilized from the �' ; City' s tree farm. Discussion ensued relative to the bid process � ', and availability of city trees that had been specified by type (by ¢': i the Corps) to be replaced on the Corps property. � � �� Following brief deliberation Council Member Traverse, seconded by � = Mayor Pro Tem Ware, made a motion to approve expenditure of funds � 3 ($14 ,250 . 00) from the Dove Tank Project Water Bond Fund for � replacement of trees along the path of the pipeline across U.S. s ; Army Corps of Engineers property. The motion prevailed by the � � following vote: � � �: � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � j Nays: None � � � � $; ' ITEM 17 . AWARD BID 90-156 , TREE REPLACEMENT, DOVE TANK PIPELINE � 1 � This item was removed from the consent agenda and discussed after �' a Item 16 . �' � � � Staff recommended award of Bid 90-156 for the planting and one year � ' guarantee of 200 trees to the lowest and best bidder meeting � � specifications, Glade Road Garden Center, in the amount of � � $14 ,250 . 00 , relative to the Dove Tank Pipeline across U.S. Army � � Corps of Engineer property. � { �! � Following brief discussion relative to the bid process and � � availability of U.S. Army Corps of Engineers specified trees, � "' Council Member Wilbanks, seconded by Council Member Traverse, made � � a motion to award the bid per staff' s recommendation. The motion � � prevailed as follows: � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None 11 � � � � � � a 11/21/89 � � s I i � � Item 18 . Reject Bid 90-152, Dump Truck � � 6 Staff recommended rejecting all bids received relative to � Bid 90-152 for a dump truck due to budgetary constraints. � I Motion by Council Member Spencer and seconded by Council Member j Traverse to approve as recommended prevailed by the following vote: ! i � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman ; d Nays: None ; I RECESS AND RECONVENE ; , i Mayoz Tate announced the City Council would take a brief recess. � All City Council members were present upon reconvening. � a � d ; ! Item 19. Ordinance, Abandon and Vacate Utility Easement, Lot 20R, ; ; Block 3 , McClelland Addition � i � ` Director of Public Works recommended approval of an ordinance ' ; � ; abandoning and vacating a ten foot (10 ' ) public utility easement � ` across the north side of Lot 20R, Block 3 of the McClelland � ' Addition. � I � i The caption of the proposed ordinance was read into the record. � ; ( Motion by Council Member Spencer and seconded by Council Member ` Traverse to a rove as recommended revailed b the followin vote: � ; PP P Y g i � 3 � � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman ; ; Nays : None g � � ; ; . ORDINANCE NO. 89-80 " < E 4 � AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, � � ABANDONING AND VACATING A PORTION OF A � UTILITY EASEMENT LOCATED ON LOT 20R, BLOCK 3, � s MCCLELLAND ADDITION, IN THE CITY OF ° i GRAPEVINE, TEXAS, AS HEREINAFTER DESCRIBED; � � PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN � j EFFECTIVE DATE AND DECLARING AN EMERGENCY � f � j ITEM 20 . PLANNING AND ZONING COMMISSION RECOMMENDATION � PROPOSED AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE N0. ; 82-73 , AS AMENDED, SECTION 3 DISTRICTS AND BOUNDARIES ! THEREOF; SECTION 12 DEFINITIONS; SECTION 38 "GU" � GOVERNMENTAL USE DISTRICT� SECTION 40 "DFW" DALLAS FORT i iWORTH INTERNATIONAL AIRPORT DISTRICT; SECTION 47 SITE I � PLAN REVIEW; SECTION 48 CONDITIONAL USES � � . i f ' Planning & Zoning Commission Chairman Ron Cook reported the � ; Commission voted 6-0 to approve the proposed amendments to Section i 3 Districts and Boundaries Thereof by deleting the "DFW" � Dallas/Fort Worth International Airport District; Section 12 � Definitions to provide a definition for the term structure; � ' Section 38 "GU" Governmental Use District to provide for a � i conditional use for airport related uses and government immunity � provisions; Section 40 "DFW" Dallas/Fort Worth International : � Airport District relative to deleting and repealing the district; Section 47 Site Plan Review relative to existing or future development and Section 48 Conditional Uses with the following �� , � modifications to Section 48 .F. as follows: Standards. The � following standards , among other relevant standards , may be � considered by the Planning & Zoning Commission and City Council in ! determining whether a conditional use may be granted. " He stated that would give the City the ability to consider other items than those listed in the Code. � The first reading of the caption of the proposed ordinance was read � into the record. 12 � � � a � � � ; 11/21/89 � 1 dg � 4 � ? Mayor Pro Tem Ware, seconded by Council Member Pittman, made a € � � a motion to accept the Planning & Zoning Commission' s recommendation � � and the first reading of the ordinance be adopted. The motion � prevailed by the following vote: � � ; Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � � Nays: None � i � ' ORDINANCE NO. 89-81 � � C � � AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, � � AMENDING ORDINANCE NO. 82-73 , AS AMENDED, THE g i COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF �' � GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS � APPENDIX "D" OF THE CODE OF ORDINANCES OF THE g, CITY OF GRAPEVINE, TEXAS, BY PROVIDING FOR � AMENDMENTS AND CHANGES TO ZONING REGULATIONS � ? BY AMENDING SECTION 3 DISTRICTS AND � � BOUNDARIES THEREOF; BY AMENDING SECTION 12 � ' DEFINITIONS; BY AMENDING SECTION 38 "GU" � i GOVERNMENTAL USE DISTRICT; BY AMENDING � � SECTION 40 "DFW" DALLAS/FORT WORTH � INTERNATIONAL AIRPORT DISTRICT; BY AMENDING � SECTION 47 SITE PLAN REVIEW AND BY AMENDING � � SECTION 48 CONDITIONAL USES; 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; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN � � � EFFECTIVE DATE � �' � ITEM 21 . PLANNING & ZONING COMMISSION RECOMMENDATION $ ZONING APPLICATION Z89-11 , CITY OF GRAPEVINE (DFW � ! INTERNATIONAL AIRPORT) �: � � i Chairman Ron Cook reported the Commission voted 6-0 for approval of �; i the rezoning of the 7 ,800 acres from "DFW" Dallas/Fort Worth � International Airport District to "GU" Governmental Use District. � The subject tract is the entire Dallas/Fort Worth International � Airport that lies within the City of Grapevine, Texas, which � ' generally constitutes the southeastern portion of Grapevine. The � southwestern boundary is Grapevine-Euless Road and William D. Tate Avenue (State Highway 121) ; the western boundary is Ira E. Woods Avenue (State Highway 26) ; the northern boundaries are State Highway 114 , State Highway 26 , and Bethel Road; the southern boundary is Glade Road; and the eastern boundary is the Grapevine � City limits and Tarrant County boundary line. � The first reading of the caption of the proposed ordinance was read � into the record. � Council Member Spencer, seconded by Council Member Traverse, made a � motion to accept the Planning & Zoning Commission' s recommendation � and the first reading of the ordinance be adopted. The motion � prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks , Traverse, Pittman & Wickman p Nays: None � i � ; ORDINANCE NO. 89-82 � � AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, � AMENDING ORDINANCE NO. 82-73 , AS AMENDED, THE � COMPREHENSIVE ZONING ORDINANCE OF THE CITY, � ', THE SAME BEING ALSO KNOWN AS APPENDIX "D" OF �; THE CITY CODE OF -0RDINANCES, GRANTING A � ZONING CHANGE ON A TRACT OF LAND GENERALLY DESCRIBED AS THE LAND OWNED BY THE � ; � t q` 3 � a s 13 11/21/89 � DALLAS/FORT WORTH INTERNATIONAL AIRPORT � tnTITHIN THE CITY AND AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A" , FRt3M ' "DFW" DALLAS/FORT WORTH INTERNATIONAL AIRPORT i DISTRICT TO "GU" G4VERNMEN'I'AL USE DISTRICT; ' CORRECTING THE 4FFICIAL ZONING MAP; ; PRESERVING ALL OTHER PORTIONS OF THE Z4NING ORDINANCE; PROVIDING A SAVINGS CLAUSE; PRQVIDING A CLAUSE RELATING TO �EVERABILITY; � DETERMINING THAT THE PUBLIC INTERESTS, MORALS � AND GENERAL WELFARE DEMA.ND A ZONING CHANGE AND AMENDED HEREIN MADE; PRt3VIDING A PENALTY � OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND � DOLLARS ($2, 000. 00} FOR EACH OFFENSE COMMITTED EACH DAY DURING OR ON WHICH AN � QFFENSE OCCURS OR CONTINUES AND PROVIDING AN � EFFECTIVE DATE � � � � i ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION `' CONDITIONAL USE APPLICATION CU$9-15, HANOVER INCORPORATED i � � Chairman Ron Cook reported the Commission voted 5-1 for approval af ! Canditional Use Application CU89-15 filed by Hanover Tncorporated requesting a conditional tzse permit for a Planned Commercial Center � and a farty foot (40 ' ) pale sign. The subject 6 . 18 acre tract, ; zaned "CC" Community Commercial District Regulations, is located � � between Wal-Mart and the Fina S�ation, with frantage on William D. ; Tate Avenue and 5tate Highway 114 . (Lots 1R, 3, 4, and 5 , Block 1 ` of the Towne Center Addition. } � ; Mr. Gaak stated that sheet 1 of the 8 of 8 be accep�ed with the � conditional use permit for the 270 square foot sign as tha�. � � camplies with Sec�.ian 60 af the zoning ardinance. � i � ; The first reading of the caption af �.he proposed ordinance was read � j into the record. � � Commission Member Traverse, secanded by Council Member Wilbanks, � ; made a motion to accept the Commission' s recommendation and adopt the £irs�. reading of the ardinance, The motion prevailed by the fallowing vote: t f Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None � t ORDTNANCE N0. 89-83 � f �AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTIQN 48 4F {}RDINANCE � ; NO. $2-73 , AS AMENDED, THE COMPREHENSIVE � � ZONING ORDINANCE OF THE CITY QF GRAPEVINE, � TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" � pF THE CITY CODE, BY GRANTING A CONDITIONAL � USE PERMIT FOR A PLANNED C4MMERCIAL CENTER � CONTAINING THREE RESTAURANTS, A 27 , 000 �QUARE 3 FQQT BUILDING FOR FUTURE DEVELUPMENT AS � EITHER A RETAIL QR RESTAURANT USE AND A FORTY ; ' FOC}T (4 Q ' } POLE SIGN LOCATED ALONG STA2'E ' � HIGHWAY 114 FRONTAGE ROAD (LOT 3) IN A � DISTRICT ZfJNED "CC" COMMUNITY C4MMERCIAL � UNDER CITY OF GRAPEVINE ORDINANCE NO. $2-73 , � ALL IN ACCORDANCE WITH A SITE PLAN APPROVED � FURSLTANT TO SECTION 47 OF ORDINANCE NO. $2-�3 � AND ALL OTHER CONDITIONS, RESTRICTIONS AND � SAFEGUARDS IMPQSED HEREIN; CORRECTING THE � OFFICIAL ZONING MAP; PRESERVING ALL OTHER � PC}RTIONS QF THE ZONING ORDINANCE; PRQVIDING A � CLAUSE RELATING TO SEVERABILITY; DETERMINING i THAT THE PUBLIC TNTEREST�, MORALS AND GENERAL ' WELFARE DEMAND THE ISSUANCE UF THIS � � � � � 14 � � 3 r � � r � 11/21/89 � � � a � � CONDITIONAL USE PERMIT; PROVIDING A PENALTY � � OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND F i DOLLARS ($2 ,000 . 00) AND A SEPARATE OFFENSE � ' SHALL BE DEEMED COMMITTED EACH DAY DURING OR � � ON WHICH A VIOLATION OCCURS AND PROVIDING AN �' � EFFECTIVE DATE � 1 � � " + ITEM 23 . PLANNING & ZONING COMMISSION RECOMMENDATION � REPLAT OF LOTS 1R, 3 , 4 , AND 5 , BLOCK 1 OF THE TOWNE i ' CENTER ADDITION � � � ' Chairman Cook reported the Commission voted 6-0 for approval of the � � replat of Lots 1R, 3 , 4 , and 5, Block 1 of the Towne Center � � Addition into four lots becoming Lots 1R1, 3R, 4R, and 5R, Block 1 � { of the Towne Center Addition. The subject property (6 . 2 acres) is � located on the northwest corner of William D. Tate Avenue and State � � Highway 114 intersection. The application was filed by Lawrence A. � Cates and Associates, Inc. for a proposed commercial development to � � include Luby ' s Cafeteria, International House of Pancakes and � � Arby' s Restaurant. � � � i Council Member Wilbanks, seconded by Council Member Traverse, made ! a motion to accept the Commission' s recommendation and approve the � � replat. The motion prevailed by the following vote: �. � �, ! Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman ' Nays : None i � i � i � I ITEM 24 . PLANNING & ZONING COMMISSION RECOMMENDATION � � FINAL PLAT, LOT l , BLOCK 1 , TWK ADDITION � i �' ' Chairman Cook reported the Commission voted 6-0 to approve the �. final plat of Lot 1 , Block 1 of the TWK Addition. The application i was filed by W. F. Carter Construction, as the property owner � � wishes to add on to the existing structure located south of and � iadjacent to St. Louis Southwestern Railroad fronting onto Spur 382. � i The tract includes 1 . 9 acres of land. � � � � � Mayor Pro Tem Ware, seconded by Council Member Wickman, made a � t � motion to accept the Commission' s recommendation and approve the � � final plat. The motion prevailed by the following vote: �, � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays : None � ; � ; u: ; ITEM 25 . EXECUTIVE SESSION �' ; Mayor Tate announced the City Council would not discuss [A] `. contemplated litigation (relative to Dallas/Fort Worth � International Airport Board' s decision relative to proposed Runway � 16/34 West) , but would recess to Conference Room #204 to consider � a [B] contemplated litigation (GTE Franchise--payment of franchise fee) and [C] real estate (relative to the purchase of right-of-way ' on Mustang Drive) under amendments to Article 6252-17, V.A.T.C. S. , j Subsections 2 (e) and 2 (f) . � � � Upon reconvening in the Council Chambers, all members of the City � Council were present. � � � � [B] Assistant City Manager Kelvin Knauf requested Council � , authorization for Staff to agree to settle the franchise � � fee dispute with GTE in the amount of $274 , 799. 77 and the � " terms as discussed in Executive Session. � ; � � Mayor Pro Tem Ware made a motion to authorize Staff to agree to � settle the GTE franchise dispute as recommended by Staff. Council � Member Wilbanks offered a second to the motion which prevailed as ' follows: i l ; 15 a � , � C � 11/21/89 i Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None , [C] City Manager Mark S. Watson requested authorization for ' Staff to proceed with the selection of an engineer to � idevelop design studies for the purchase of right-of-way � j on Mustang Drive. I � I I ( Council Member Spencer, seconded by Council Member Traverse, made a � I motion to authorize Staff to proceed with the selection of an ( engineer to develop design studies for the purchase of right-of-way ' ; i on Mustang Drive. The motion prevailed by the following vote: � ; � � � �' Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � � Nays: None � � � � j � MISCELLANEOUS REPORTS AND/OR DISCUSSION � i ITEM 26 . MUNICIPAL SERVICE CENTER UPDATE C I � Director of Public Works Jerry Hodge reviewed the plans � for the proposed Municipal Service Center. Following his � presentation, Staff was directed to place the item on the next agenda for Council consideration to authorize Staff � to proceed with the design of the Service Center. � ITEM 27 . GROUND BREAKING CEREMONY, FM 2499 I 4 ; City Secretary Linda Huff advised the Grapevine Chamber � of Commerce has set a tentative ground breaking ceremony � for December 19, 1989 at 10 : 00 a.m. for the commencement of construction FM 2499 . Staff was directed to review � � the latest plans and report to the City Council relative j to any revisions or changes in the plans within the last ? � few weeks. � i � � � ADJOURNMENT i j Council Member Spencer made a motion to adjourn the meeting at � 10 : 00 p.m. Mayor Pro Tem Ware seconded the motion which prevailed ; by the following vote: f � Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman � Nays: None � � � f I PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of December , 1989 . j ! � , � � APPROVED: � f �� i� ^ � William D. Tate j Mayor � , ATTEST: � Linda Huff City Secretary � � 16 = � ; � f