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HomeMy WebLinkAbout1989-08-15 Joint Meeting I 3 s AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 15, 1989 AT 7: 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD CALL TO ORDER i6 F g� d INVOCATION: Commission Member Robert Hinson E PRESENTATION a 1 . Cub Scout Pack 777 of Grapevine to present a Plaque of Appreciation to Acting Police Chief H. G. Lewis for the Grapevine Police Department's assistance in the Cub Scout Pack' s 1989 Fund Raising Drive. JOINT PUBLIC HEARINGS 2 . City Council and Planning & Zoning Commission to continue a public hearing relative to Zoning Application Z89-05 filed by the David Bagwell Company requesting rezoning of 5 . 3 acres from "R-20" Single-Family District Regulations and "R-12. 5" Single-Family District Regulations to "R-7 .5" Single-Family District Regulations (Lots 31-34 , Block 1 of the Stone Gate Phase IIA Addition and two tracts north and east of Stone Gate Phase IIA) . On May 18 , 1989 the public hearing was continued to the June 20 meeting, at which time the public hearing was continued to the August 15 , 1989 Joint Meeting. I 3 . City Council and Planning & Zoning Commission to conduct a I public hearing relative to Conditional Use Application CU89-12 filed by Mr. Wen-Jye Chiue (dba BoBo China Restaurant) requesting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (mixed beverages, beer and wine) in conjunction with the operation of a restaurant in a district zoned "HC" Highway Commercial District. The property is located at 1112 West Northwest Highway. 4 . City Council and Planning & Zoning Commission to conduct a public hearing relative to the replat of Lot 1 , Block 1 and a portion of Lots 2, 3 , and 4 , Block 1 and Lot 3, Block 2 of the W. C. Lucas Addition into one lot becoming Lot 1-R, Block 1 . The subject property is located at 1112 West Northwest Highway and the request was filed by Mr. Wen-Jye Chiue (dba BoBo China Restaurant) . 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. d t 4 k `s 9 IN ACCORDANCE WITH ARTICLE 6252 17, V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 11TH DAY OF AUGUST, 1989 AT 5: 00 P.M. � k Jo i Brown F A sistant City Secretary t r f c 4 p� [t 4 p� F k f i t t t p�p i. r 4 P fF t q i& R d t ((Y S £k� R AGENDA CITY OF GRAPEVINE , TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 15 , 1989 AT 7 : 30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD PRESENTATION 5 . Director of Finance Larry Koonce to present the Third Quarter Financial Report. s CITIZENS REQUEST NEW BUSINESS 6 . Consider accepting the resignation of Peat Marwick Main & Co. as auditors for the City for fiscal year ending September 30 , 1989, authorizing payment for interim audit work performed in the amount of $6, 369 . 00 and authorization for Staff to conduct a search for new auditors and take any necessary action. 7 . Consider revisions to the Grapevine Convention Center Policy/Rental Rates as recommended by the Convention & Visitors Bureau Advisory Board and take any necessary action. 8 . Consider a resolution setting a public hearing date for September 5, 1989 relative to the effective tax rate and take any necessary action. 9 . Consider a resolution accepting the 1989 certified tax roll in the amount of $1, 994, 708, 974 . 00 plus an additional $70 ,723,271 . 00 in property value pending before the Appraisal Review Board 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 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 authorization for the City to purchase investments as authorized by HB1488--Public Funds Act from Staff recommended primary and secondary dealers. Director of Finance recommends approval. 11 . Consider ratifying the conditional award of the annual contract for hot mix asphalt to the J. L. Bertram Construction and Engineering, Inc. for the period of August 16 , 1989 to February 28 , 1990 in an estimated amount of $204 ,500 . 00 . Public Works Director, Finance Director and Purchasing Agent recommend approval. 12. Consider an ordinance amending the Grapevine Code of Ordinances Chapter 20 Streets, Sidewalks and Other Public Ways relative to builders ' signs placed in the right-of-way. Director of Community Development recommends approval. 3 i i 3 i 13 . Consider the second and final reading of Ordinance No. 89-52 approving Conditional Use Application CU89-09 submitted by McGuire Partners Limited (dba Colter' s Bar-B-Q) requesting a conditional use permit to amend an approved site plan for an addition to a Planned Commercial Center, for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a restaurant, and for a forty foot (40 ' ) pole sign. The property is located on the northeast corner of State Highway 114 and William D. Tate Avenue intersection (Lot 3, Pad 6 , Block 1 of the Hayley Addition) . Director of Community Development recommends approval. 14 . Consider authorizing the expenditure of $58, 813 .47 to repair the damage to the Grapevine Golf Course from the recent flooding. Director of Golf and Finance Director recommend approval. 15 . Consider approval of the estimated construction cost of $64 , 424 . 00 for the widening of the railroad crossing at Ball Street and authorization for the City Manager to execute a formal agreement with Southern Pacific Transportation Company. Director of Public Works recommends approval. R 16 . Consider a resolution amending Resolution No. 89-05 addressing "Confirmation of Donated Assets" and consider an ordinance amending the Grapevine Code of Ordinances Appendix E, Article I , Item 1 relative to Inspection Fees. Director of Public Works recommends approval. 17 . Consider an ordinance amending the Grapevine Code of Ordinances Chapter 23 Traffic by establishing a two-way stop intersection at West Wall Street and Ball Street and the addition of signs in the following subdivisions: (467) Winding Creek Estates, Section II (468) Clearview Park Director of Public Works recommends approval. 18 . Consider a resolution authorizing the Chief of Police to obtain regular license plates for unmarked units assigned to duties requiring such plates. Interim Police Chief recommends approval. 19 . Consider a resolution supporting the development of an aggressive and effective drug control policy against illegal drugs in America. Staff recommends approval. 20 . Consider approval of the minutes of the July 11 , August 1 , and August 4 , 1989 City Council meetings as published. City Secretary recommends approval. i PLANNING & ZONING COMMISSION RECOMMENDATION k { 21 . Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z89-05 (David Bagwell Company) and a subsequent ordinance, if applicable. 22 . Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU89-12 (BoBo China Restaurant) and a subsequent ordinance, if applicable. 23 . Consider the recommendation of the Planning & Zoning Commission relative to the replat of Lot 1 , Block 1 and a portion of Lots 2 , 3 and 4, Block 1 and Lot 3, Block 2 of the W. C. Lucas Addition into Lot 1-R, Block 1 and take any necessary action. t 24 . Consider the recommendation of the Planning & Zoning Commission relative to the preliminary plat of the Cluck Property and take any necessary action. 25 . Consider the recommendation of the Planning & Zoning Commission relative to the final plat of the Saybrooke Addition and take any necessary action. 26 . Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Pecan Gap Section Two and take any necessary action. EXECUTIVE SESSION 27 . City Council to recess to Conference Room #204 to discuss [A] contemplated litigation (regarding the Dallas/Fort Worth International Airport Board' s decision relative to proposed Runway 16/34 West) and [B] personnel (relative to the appointment/employment of a Police Chief) under amendments to Article 6252-17 V.A.T.C.S. , Subsections 2 (e) and 2 (g) . City Council to reconvene in the Council Chambers and take any necessary action relative to [A] contemplated litigation (regarding the Dallas/Fort Worth International Airport Board' s decision relative to proposed Runway 16/34 West) and [B] personnel (relative to the appointment/employment of a Police Chief) under amendments to Article 6252-17 V.A.T.C.S. , Subsections 2 (e) and 2 (g) . MISCELLANEOUS REPORTS AND/OR DISCUSSION 28 . Director of Public Works to update the City Council regarding "In House" street maintenance procedures on Tanglewood Drive. ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 11TH DAY OF AUGUST, 1989 AT 5 : 00 P.M. J�6# Brown V-511 istant City Secretary f } AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, AUGUST 15 , 1989 AT 7 : 30 P.M. CONFERENCE ROOM #204 307 WEST DALLAS ROAD E NEW BUSINESS F 1 . Consider Zoning Application Z89-05 (David Bagwell Company) and make a recommendation to the City Council. 2 . Consider Conditional Use Application CU89-12 (BoBo China Restaurant) and make a recommendation to the City Council. F 3 . Consider the replat of Lot 1 , Block 1 and a portion of Lots 2, 3 and 4 , Block 1 and Lot 3 , Block 2 of the W. C. Lucas Addition and make a recommendation to the City Council. 4 . Consider the preliminary plat of the Cluck Property and make a recommendation to the City Council. 4 CONSENT AGENDA Consent items are deemed to need little deliberation by the Planning & Zoning Commission and will be acted upon as one business item. Any member of the Planning & Zoning Commission or member of the audience may request that an item be withdrawn from the consent agenda and placed before the Commission for full discussion. Approval of the consent agenda authorizes the € Planning & Zoning Commission Chairman, or his designee, to k implement items or to make a recommendation to the City Council { in accordance with Staff recommendations. 5 . Consider approval of the Planning & Zoning Commission minutes of the July 18 , 1989 meeting. Staff recommends approval as published. 6. Consider the final plat of the Saybrooke Addition and make a recommendation to the City Council. Staff recommends approval. 7 . Consider the final plat of Pecan Gap Section Two and make a recommendation to the City Council. Staff recommends approval. b MISCELLANEOUS REPORTS AND/OR DISCUSSION ADJOURNMENT f IN ACCORDANCE WITH ARTICLE 6252-17 , V.A.T.C.S. , AS AMENDED BY CHAPTER 227 , ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 11TH DAY OF AUGUST, 1989 AT 5 : 00 P.M. o row sistant City Secretary x g� 3 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 15th day of August, 1989 at 7 :30 p.m. in the Council Chambers, Municipal Court Room #205 , 307 West Dallas Road, with the following members of the City Council present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Gil Traverse Council Member Jerry L. Pittman Council Member j Will Wickman Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: aRon Cook Chairman Larry Oliver Vice Chairman Cathy Martin Member Larry Atchley Member Ervin Meyer Member ' Robert Hinson Member John Price Member constituting a quorum, 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 CALL TO ORDER Mayor Tate called the meeting to order at 7: 35 p.m. INVOCATION Commission Member Hinson delivered the Invocation. ITEM 1. PRESENTATION BY CUB SCOUT PACK 777 TO GRAPEVINE POLICE DEPARTMENT Mr. Joel Vela, Cub Master, representing Grapevine Cub Scout 1 Pack 777 resented a plaque of appreciation to Acting Police Chief . P P q PP H. G. Lewis for the Grapevine Police Department' s assistance in the Cub Scout Pack' s 1989 Fund Raising Drive. ITEM 2 . PUBLIC HEARING, ZONING APPLICATION Z89-05, DAVID BAGWELL COMPANY Mayor Tate declared the public hearing open. Planner Marcy Ratcliff reported that the applicant, David Bagwell Company, had requested to withdraw Zoning Application Z89-05 filed April 14 , 1989 requesting rezoning of 5 . 3 acres from "R-20" Single-Family District Regulations and "R-12. 5" Single-Family District Regulations to "R-7 .5" Single-Family District Regulations (Lots 31-34, Block 1 of the Stone Gate Phase IIA Addition and the tracts north and east of Stone Gate Phase IIA Addition) . On May 18 , 1989 the public hearing was continued to the June 20 meeting, at which time the public hearing was continued to the August 15, 1989 meeting. i f 08/15/89 Mr. George Field, representing the David Bagwell Company, requested the City Council and Planning & Zoning Company approve his request to withdraw the zoning case . His original plan was to contain 12 lots on a cul-de-sac, with the average lot being 12, 300 square feet. He stated that no builder contract had been entered into and that the property owners had requested the zoning case to be withdrawn. There were no questions from the City Council or the Planning & Zoning Commission. Commission Member Hinson, seconded by Commission Member Price, made a motion to approve Mr. Field' s request to withdraw Zoning Application Z89-05 . The motion prevailed by the following vote: Ayes : Cook, Oliver, Martin, Atchley, Meyer, Hinson & Price Nays: None Council Member Traverse, seconded by Mayor Pro Tem Ware, made a motion to approve Mr. Field' s request to withdraw Zoning Application Z89-05 . The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 3 . PUBLIC HEARING, CONDITIONAL USE APPLICATION CU89-12, MR. WEN-JYE CHIUE (BOBO CHINA RESTAURANT) Mayor Tate declared the public hearing open. Planner Marcy Ratcliff advised that Mr. Wen-Jye Chiue (dba BoBo China Restaurant) had filed Conditional Use Application CU89-12 requesting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (mixed beverages, beer and wine) in conjunction with the operation of a restaurant in a district zoned "HC" Highway Commercial District. The property is located at 1112 West Northwest Highway. Ms. Ratcliff noted that a site plan is required for the 1 .504 acre tract, the proposed restaurant will be 5,250 square feet, will have a seating capacity of 129 and that 48 parking spaces are required. Mr. Rick Lawson, of the Design Cooperative, representing BoBo China Restaurant, requested favorable consideration from the City Council and Planning & Zoning Commission for the conditional use request. There were no questions from the Planning & Zoning Commission or the City Council. Mayor Tate invited guests present to comment for or against the conditional use request. No one wished to speak and there was no correspondence to report. Commission Member Martin, seconded by Commission Member Atchley, made a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Cook, Oliver, Martin, Atchley, Meyer, Hinson & Price Nays : None Mayor Pro Tem Ware made a motion, seconded by Council Member Spencer, to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None ITEM 4. PUBLIC HEARING, REPLAT OF LOT 1R, BLOCK 1 OF THE W. C. LUCAS ADDITION Mayor Tate declared the public hearing open. (2) a 08/15/89 { a Assistant Manager of Engineering Mark Pacheco advised the application for a replat of Lot 1, Block 1 and a portion of Lots 2, 3 , and 4 , Block 1 and Lot 3 , Block 2 into one lot becoming Lot 1R, Block 1 of the W. C. Lucas Addition was filed by the property owner, Mr. Wen-Jye Chiue. The subject property is located at 1112 West Northwest Highway and the owner plans to relocate his business to the property. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment either for or against the proposed replat. No one wished to speak and there was no correspondence to report. 1 Commission Member Meyer, seconded by Commission Member Oliver, made '! a motion to close the public hearing. The motion prevailed by the j following vote: Ayes: Cook, Oliver, Martin, Atchley, Meyer, Hinson & Price Nays : None Council Member Pittman made a motion, seconded by Council Member Wilbanks, to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None 1 END OF JOINT PUBLIC HEARINGS Mayor Tate announced the Planning & Zoning Commission would recess to Conference Room #204 to consider other published agenda items. The City Council remained in session in the Council Chambers to consider further business. i ITEM 5 . PRESENTATION, THIRD QUARTER FINANCIAL REPORT Finance Director Larry Koonce presented the Financial Report for the quarter ending June 30, 1989 . He noted revenues in the General { Fund are meeting budget expectations with the exception of D/FW citations and City citations and that ad valorem tax collections are expected to exceed budget projections, as well as building related revenues, sales tax receipts and income from investments. Therefore, it appears the General Fund will collect $294,987. 00 more than FY89 budget projections. Mr. Koonce stated the Water and Sewer Fund is performing as expected. Even though water sale revenues are less than projected, the winter averaging of waste water rates will assist the fund in meeting its budget goals. Expenditures are expected to exceed budget due principle and interest payments for 1988 revenue bond j sales not being included in the budget. The Golf Course Fund revenues have been affected by the early summer flooding, therefore the ending working capital is expected r to be $477, 028 .00 . The Convention & Visitors Bureau Fund continues to see a short fall in hotel/motel tax revenues and a year end fund balance of $232 , 070 . 00 is expected. i ITEM 6 . RESIGNATION OF AUDITORS Finance Director Larry Koonce recommended the City Council accept the resignation (effective August 8 , 1989) of Peat Marwick Main & '_. Co. as auditors for the City of Grapevine for the fiscal year ending September 30 , 1989 , and that the City pay $6 ,369 . 00 to Peat Marwick Main & Co. for interim audit work completed. Mr. Koonce also requested authorization for staff to conduct a search for new auditors. The resignation was a result of a conflict of interest regarding a study performed by the Peat Marwick Main & Co. for the North Texas Commission relative to the proposed expansion (Runway 16/34W) of Dallas/Fort Worth International Airport. (3) 08/15/89 Following discussion, Council Member Pittman made a motion the City accept the resignation of Peat Marwick Main & Co. as the City' s auditors , authorize payment for the interim audit work performed and authorization for staff to proceed with the search for a new audit firm. Council Member Spencer offered a second to the motion which prevailed as follows: t Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman ' Nays : None �i ITEM 7. ADOPT REVISED CONVENTION CENTER POLICIES, RULES AND REGULATIONS Convention Center Director Lynn Eggers addressed the City Council relative to the proposed revisions of the Grapevine Convention Center Policies, Rules and Regulations . Ms. Eggers reported that after a survey of surrounding City' s meeting facilities, a sub committee of the Convention & Visitors Bureau Board reviewed and revised the policies and rate schedules that were approved by the City Council in January, 1988. Ms. Eggers briefly reviewed the rate schedules as follows: no increase in local non-commercial rate; local commercial rate to be increased 5%; the non-local non-commercial rate to be increased 10%; non-local commercial rate for the large meeting room to be increased 14%; non-local commercial rate for all small meeting rooms to be increased by 5% . t Ms. Eggers reported the proposed increases would allow the Grapevine Convention Center to be competitive with area cities. She also reported the center was primarily used for more local than non-local events. s a Discussion ensued relative to the proposed rate and policies being referred to the Facilities Committee prior to adoption by the City Council. Following discussion, it was the general consensus of the Council that the recommendation of the Convention & Visitors Bureau ¢ Board relative to the rate schedule and operation of the Grapevine s Convention Center should be honored. t s Council Member Wilbanks made a motion the recommendation of the Convention & Visitors Bureau Board be accepted and approve the proposed Convention Center Policy/Rental Rate Schedule. Mayor Pro Tem Ware offered a second to the motion which prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman s Nays: None ITEM 8. RESOLUTION, SET PUBLIC HEARING FOR TAX RATE Finance Director Larry Koonce requested consideration of a resolution setting a public hearing on September 5, 1989 at 7: 00 p.m. relative to the effective tax rate in order to comply with State Law. Grapevine' s effective tax rate has been calculated at $ . 396 and its rollback rate at $ . 449 . The proposed resolution indicates the Council' s intention to adopt a tax rate not to exceed $ .4275 per $100 . 00 valuation. The caption of the proposed resolution was read into the record. Council Member Pittman made a motion to adopt the resolution. Council Member Traverse offered a second to the motion which prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None t (4) ' 3 y 08/15/89 i RESOLUTION NO. 89-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY { OF GRAPEVINE, TEXAS, PASSED PURSUANT TO SECTION 26. 04, SECTION 26. 05 AND SECTION 26 . 06 OF THE PROPERTY TAX CODE OF THE STATE OF TEXAS, APPROVING A PROPOSAL TO INCREASE PROPERTY TAXES; CALLING A PUBLIC HEARING; I DIRECTING THAT NOTICE BE GIVEN IN ACCORDANCE WITH THE PROPERTY TAX CODE AND PROVIDING AN EFFECTIVE DATE ITEM 9. RESOLUTION, ACCEPT 1989 TAX ROLL Finance Director Larry Koonce requested Council consider a resolution accepting the 1989 certified tax roll in the amount of $1 ,994,708 , 974. 00 (net taxable value of $2 , 002, 820, 955.00 less 'i airport purchases of ($8 ,111 ,981 . 00) plus an additional $70 ,723,271 . 00 in property value pending disposition before the Appraisal Review Board. The caption of the proposed resolution was read into the record. I Mayor Pro Tem Ware, seconded by Council Member Wilbanks, made a ; motion to adopt the resolution. The motion prevailed by the following vote: j Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman + Nays : None RESOLUTION NO. 89-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING THE TAX ROLL FOR 1989 ON PROPERTY WITHIN THE CITY AND a PROVIDING AN EFFECTIVE DATE 1� I j CONSENT AGENDA j The next order of business was for the City Council to consider the I 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 a who wished to remove an item from the consent agenda for full discussion. Item 12 amending Chapter 20 relative to builder signs in right-of-way was removed by Council Member Spencer. Item 16 was withdrawn from the agenda by Staff to be considered at a later date. Item 17 amending Chapter 23 Traffic Stop Signs was removed by Council Member Pittman. Item 10. Authorize, Purchase Investments Finance Director recommended approval to authorize the City to purchase investments as authorized by HB1488--Public Funds Act from Staff recommended primary and secondary dealers. Motion by Council Member Wilbanks and seconded by Council Member Pittman to approve as recommended prevailed by the following vote: a j Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None Item 11 Ratify Contract, Hot Mix Asphalt, J. L. Bertram Construction and Engineering, Inc. Public Works Director, Finance Director and Purchasing Agent e recommended approval of ratifying the conditional award of the j annual contract for hot mix asphalt to the J. L. Bertram Construction and Engineering, Inc. for the period of August 16, r 1989 to February 28 , 1990 in an estimated amount of $204,500. 00. (5) 08/15/89 Motion by Council Member Wilbanks and seconded by Council Member Pittman to approve as recommended prevailed by the following vote: 4 4 Ayes : Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None ITEM 12. ORDINANCE, AMEND CHAPTER 20 , STREETS SIDEWALKS AND OTHER PUBLIC WAYS This item was removed from the consent agenda and discussed after Item 20 . Director of Community Development H. T. Hardy reviewed the proposed amendments to Chapter 20 Streets, Sidewalks and Other Public Ways relative to builder' s signs placed in the right-of-way. The proposed ordinance would limit numbers of signs, placement, maintenance and permitting of signs. The ordinance, if adopted, would become effective September 1 , 1989 . Council discussion ensued with concerns expressed regarding placement of signs on Main Street and the proposed size limitation. The caption of the proposed ordinance was read into the record. Mayor Pro Tem Ware made a motion to adopt the ordinance with an amendment to exclude placement of signs on Main Street from Northwest Highway South to State Highway 114 . Council Member Spencer offered a second to the motion which prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None ORDINANCE NO. 89-54 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 TEMPORARY SIGNS IN THE RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 13 . Final Reading, Ordinance No. 89-52, Conditional Use Application CU89-09 , McGuire Partners Limited (dba Colter' s Bar-B-Q) Director of Community Development recommended approval of the second and final reading of Ordinance No. 89-52 approving Conditional Use Application CU89-09 submitted by McGuire Partners Limited (dba Colter' s Bar-B-Q) requesting a conditional use permit to amend an approved site plan for an addition to a Planned Commercial Center, for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer and wine only) in conjunction with the operation of a restaurant, and for a forty foot (40 ' ) pole sign. The property is located on the northeast corner of State Highway 114 and William D. Tate Avenue intersection (Lot 3, Pad 6, Block 1 of the Hayley Addition) . The caption of the proposed ordinance was read into the record. Motion by Council Member Wilbanks and seconded by Council Member Pittman to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None (6) 1 08/15/89 ORDINANCE NO. 89-56 AN ORDINANCE AMENDING A CONDITIONAL USE PERMIT ORDINANCE NO. 87-70 FOR A PLANNED a COMMERCIAL CENTER 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 AMENDING THE SITE PLAN FOR AN ADDITION TO THE PLANNED COMMERCIAL CENTER AND BY GRANTING A CONDITIONAL USE PERMIT FOR THE STORAGE, POSSESSION, RETAIL SALE AND ON-PREMISE j CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND j WINE ONLY) IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A i 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 { 9 SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS Item 14 . Authorize Golf Course Repairs Director of Golf and Finance Director recommended approval to authorize expenditure of $58 ,813.47 to repair the damage to the Grapevine Golf Course from the recent flooding. E Motion by Council Member Wilbanks and seconded by Council Member Pittman to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None } Item 15. Approve Construction Cost, Railroad Crossing, Ball Street Director of Public Works recommended approval of the estimated construction cost of $64, 424 . 00 for the widening of the railroad crossing at Ball Street and authorization for the City Manager to execute a formal agreement with Southern Pacific Transportation f Company. Motion by Council Member Wilbanks and seconded by Council Member Pittman to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman t Nays: None ITEM 16 . RESOLUTION, CONFIRMATION OF DONATED ASSETS ORDINANCE, AMENDING APPENDIX E INSPECTION FEES This item was withdrawn from the consent agenda by Staff to be considered at a later date. ITEM 17 . ORDINANCE, AMEND CHAPTER 23 TRAFFIC This item was discussed after Item 26 . A e (7) u 1 08/15/89 i Director of Public Works Jerry Hodge requested approval of an ordinance establishing a 2-way stop at the intersection of West Wall Street and Ball Street and the addition of stop signs in the following subdivisions: (467) Winding Creek Estates, Section II (468) Clearview Park Council expressed concerns regarding the removal of the stop sign on Ball Street since the completion of the north segment of Ball Street between West Wall and Northwest Highway. Concerns stated were due to excessive speed on Ball Street. Staff recommended placement of radar deterrent signs in the area, as well as increased police patrol . Staff would update Council within thirty (30) days relative to the intersection. The caption of the proposed ordinance was read into the record. Council Member Traverse, seconded by Mayor Pro Tem Ware, made a motion to adopt the ordinance. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None ORDINANCE NO. 89-55 €' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 , SECTION 23-30 RELATIVE TO STOP INTERSECTIONS BY ADDING STOP SIGNS AT CERTAIN LOCATIONS DESCRIBED HEREIN; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; REPEALING CON- FLICTING 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 18 . Resolution, License Plates Interim Police Chief recommended approval of a resolution authorizing the Chief of Police to obtain regular license plates for unmarked units assigned to duties requiring such plates. The caption of the proposed resolution was read into the record. Motion by Council Member Wilbanks and seconded by Council Member Pittman to approve as recommended prevailed by the following vote: Ayes : Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None RESOLUTION NO. 89-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CHIEF OF POLICE AND THE DEPUTY CHIEF TO SUBMIT APPLICATIONS TO THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AS REQUIRED BY ARTICLE V.C.S. 6701-M1&2 FOR EXEMPT VEHICLE LICENSE PLATES (8) a I i z 08/15/89 i Item 19 . Resolution, Drug Control Policy Staff recommends approval of a resolution supporting the development of an aggressive and effective drug control policy against illegal drugs in America. Motion by Council Member Wilbanks and seconded by Council Member Pittman to approve as recommended prevailed by the following vote: 1 Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None 1 RESOLUTION NO. 89-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS SUPPORTING A STRONG NATIONAL DRUG POLICY FOR AMERICA; PROVIDING e THAT A COPY OF THIS RESOLUTION BE FORWARDED TO THE NATIONAL DRUG CONTROL POLICY COMMITTEE AND PROVIDING AN EFFECTIVE DATE Item 20. Consideration of Minutes { City Secretary recommended approval of the minutes of the July 11, August 1 , and August 4 , 1989 City Council meetings as published. { Council Member Wilbanks amended the July 11 , 1989 minutes to k reflect he voted "no" on Item 14 and the August 1, 1989 minutes to x reflect on Item 4 that he amended the July 11 , 1989 minutes. Council Member Wilbanks then made a motion to approve the July 11 and August 1 , 1989 minutes as amended, and the August 4, 1989 minutes as published, Council Member Pittman offered a second to �1 the motion which prevailed by the following vote: r { Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays: None f: ITEM 21 . PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z89-05, DAVID BAGWELL COMPANY This item was withdrawn during the public hearing portion of the meeting. 'I ITEM 22 . PLANNING & ZONING COMMISSION RECOMMENDATION 1 CONDITIONAL USE APPLICATION CU89-12, BOBO CHINA !i RESTAURANT This item was discussed after Item 12 . Ron Cook, Chairman of the Planning & Zoning Commission, reported the Commission voted 7-0 to approve Conditional Use Application CU89-12 filed by Mr. Wen-Jye Chiue (dba BoBo China Restaurant) i requesting a conditional use permit for the possession, storage, retail sale and on-premise consumption of alcoholic beverages sf (mixed beverages, beer and wine) in conjunction with the operation j of a restaurant in a district zoned "HC" Highway Commercial '1 District. The subject property is located at 1112 West Northwest a Highway. { The caption of the proposed ordinance was read into the record. Council Member Pittman made a motion to accept the Planning & Zoning Commission' s recommendation and adopt the ordinance. Mayor Pro Tem Ware offered a second to the motion which prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman z Nays: None (9) 3 08/15/89 ORDINANCE NO. 89-56 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, THE SAME BEING APPENDIX "D" , ZONING OF THE CITY' S CODE OF ORDINANCES, BY GRANTING AND ISSUING A CONDITIONAL USE PERMIT FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (MIXED BEVERAGES, BEER AND WINE) IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT, IN ACCORDANCE WITH A SITE PLAN AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN ON PROPERTY ZONED "HC" HIGHWAY COMMERCIAL DISTRICT REGULATIONS AND GENERALLY DESCRIBED AS LOT 1-R, BLOCK 1-R OF THE W. C. LUCAS ADDITION TO THE CITY OF GRAPEVINE, AND AS MORE SPECIFICALLY DESCRIBED HEREIN; REPEALING ORDINANCE NO. 82-33 RELATING TO THE GRANTING OF A SPECIFIC USE PERMIT FOR LANDSCAPING AND GRASS SALES FOR THE PROPERTY; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY: DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2 ,000 . 00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION REPLAT LOT 1-R, BLOCK 1, W. C. LUCAS ADDITION Chairman Cook reported the Commission voted 7-0 to approve the replat of Lot 1 , Block 1 and a portion of Lots 2, 3 , and 4 , Block 1 and Lot 3 , Block 2 of the W. C. Lucas Addition into one lot becoming Lot 1-R, Block 1 . The property is located at 1112 West Northwest Highway and a restaurant (BoBo China Restaurant) will be constructed on the property. Council Member Traverse, seconded by Council Member Wickman, 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 ITEM 24 . PLANNING & ZONING COMMISSION RECOMMENDATION, PRELIMINARY PLAT, CLUCK PROPERTY Planning & Zoning Commission Chairman Cook reported the Commission voted 7-0 to approve the preliminary plat of the Cluck Property with the condition that the emergency access be provided with the filing of the final plat. The 129. 07 acre tract is located east of Murrel Road, west of North Dooley Street and adjacent to U. S. Army Corps of Engineers property. Mayor Pro Tem Ware made a motion to accept the Commission' s recommendation and approve the preliminary plat of the Cluck Property. The motion was seconded by Council Member Wilbanks and prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None (10) F 08/15/89 5 ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT, SAYBROOKE ADDITION '1 Planning & Zoning Commission Chairman Cook reported the Commission s 1 voted 7-0 for approval of the final plat of the 40 acre Saybrooke J Addition, formerly final platted as Bloomingfield and later l preliminary platted as Hillwood. The property is located east of z State Highway 121 along the proposed extension of Hall-Johnson p Road. A single-family residential development is planned that will contain 143 lots. } Council Member Traverse, seconded by Mayor Pro Tem Ware, made a i motion to accept the Commission' s recommendation and approve the final plat of the Saybrooke Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman i Nays: None { 1 l ITEM 26 . PLANNING & ZONING COMMISSION RECOMMENDATION a t FINAL PLAT, PECAN GAP SECTION TWO Chairman Cook reported the Planning & Zoning Commission voted 7-0 for approval of the final plat of Pecan Gap Section Two, which is a three acre tract of land containing twelve (12) residential lots immediately north of the Pecan Gap Addition and south of the Pickering Park development east of Kimball Road. The development ' will connect Harwell Street and Chris Lane. Motion by Council Member Wilbanks and seconded by Council Member Spencer to accept the Planning & Zoning Commission' s recommendation to approve the final plat of Pecan Gap Section Two prevailed by the following vote: 's Ayes: Tate, Ware, Spencer, Wilbanks, Traverse, Pittman & Wickman Nays : None i ITEM 27 . EXECUTIVE SESSION g' a Mayor Tate announced the City Council would recess to Conference ' Room #204 to discuss [A] contemplated litigation (regarding the Dallas/Fort Worth International Airport Board' s decision relative to proposed Runway 16/34 West) and [B] personnel (relative to the appointment/employment of a Police Chief) under amendments to Article 6252-17, V.A.T.C.S. , Subsections 2 (e) and 2 (g) . All City Council Members were present upon reconvening in the Council Chambers. (A) City Manager Mark Watson reported no action was i necessary by the Council relative to contemplated litigation (regarding the Dallas/Fort Worth International Airport Board' s decision relative to a proposed Runway 16/34 West) under amendments to Article 6252-17 , V.A.T.C.S. , Subsection 2 (e) . k 1 (B) City Manager Mark Watson reported no action was j necessary by the City Council regarding personnel (relative to the appointment/employment of a Police { Chief) under amendments to Article 6252-17, { V.A.T.C.S. , Subsection 2 (g) . I MISCELLANEOUS REPORTS AND/OR DISCUSSION This item was discussed after Item 9 . Item 28 . Director of Public Works Jerry Hodge gave a brief presentation regarding the preventative street maintenance procedures to be used on Tanglewood Drive. x a (11) 08/15/89 The procedure would be to place a seal coat and fabric on the asphalt that is currently in place and then overlay the street. The estimated cost of the "in-house" repair is $32,000.00. There will be a neighborhood meeting to outline construction time and procedures to citizens. ADJOURNMENT Council Member Spencer made a motion to adjourn the meeting at 10 : 00 P.M. Seconded by Council Member Traverse, 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 5th day of September 1989 . APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary r> e 4' e s k $n$ i ik (12) (