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Home My WebLink About1989-02-21 Joint Meeting � � � �: � � � � �. � � AGENDA � CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL � � AND � PLANNING & ZONING COMMISSION MEETING � TUESDAY, FEBRUARY 21 , 1989 AT 7 :30 P.M. COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 � 307 WEST DALLAS ROAD � � � � CALL TO ORDER � � 3 � � INVOCATION: Commission Member Cathy Martin � � � � � JOINT PUBLIC HEARINGS � � 1 . City Council and Planning & Zoning Commission to conduct a � public hearing relative to Conditional Use Application CU88-10 filed by Rand Theatres of Texas, Inc. , (requestinq ` an amendment to an approved conditional use to revise the � landscaping plan on 13. 514 acres zoned "HC" Highway � Commercial, Planned Commercial Center. The property is � located on the northeast corner of State Highway 114 and � William D. Tate Avenue intersection. ) � 2. City Council and Planning & Zoning Commission to conduct a � public hearing relative to Zoning Application Z89-01 � submitted by the David Bagwell Company requesting rezoning ? of 16 . 6 acres from "R-20" Single-Family District Regulations � to "R-12. 5" Single-Family District Regulations . The s property is located west of W. T. Parr Road and north of � ' Hall-Johnson Road. � y � , ' 3 . City Council and Planning & Zoning Commission to conduct a � ' public hearing relative to proposed amendments to j E Comprehensive Zoning Ordinance No. 82-73, as amended, j � Section 31 "LI" Light Industrial to allow the use of ! convenience stores with alcoholic beverage sales for i � off-premise consumption of beer only as a conditional use. a s ; 3 � s END OF JOINT PUBLIC HEARINGS ; � � r Planning & Zoning Commission to recess to Conference Room j � #204 to consider other published agenda items. � � i t City Council to remain in session in the Council Chambers to ' � consider further business. � � � 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 ' ? REGULAR JOINT CITY COUNCIL AND PLANNING & ZONING COMMISSION � MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 17TH DAY OF ± FEBRUARY, 1989 AT 5: 00 P.M. ; � � � � � � � Cit Secretar � � � � � :A: � � � � � § � � � AGENDA � CITY OF GRAPEVINE , TEXAS � REGULAR CITY COUNCIL MEETING � TUESDAY, FEBRUARY 21 , 1989 AT 7 : 30 P.M. �; COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 � 307 WEST DALLAS ROAD � � ; �: � � CITIZENS REQUEST � t � PRESENTATION � � 4 . Presentation by Peat Marwick Main & Co. regarding the Annual � Financial Report and Audit for Fiscal Year 1987-88 (FY88) � and City Council to take any necessary action. � � £: � OLD BUSINESS g: � 5 . Consider City Staff recommendation relative to parking on X: West College Street and take any necessary action. � � � � � NEW BUSINESS € � � 6 . Consider award of the contract for material testing services � for the Dove Tank Water Pipeline Construction Project to � Maxim Engineers in an amount not to exceed $8, 392 . 50. � � 4 7. Consider naming the entrance to the municipal complex as � Municipal Way 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 Acting City Manager, or his designee, to implement each item � in accordance with Staff recommendations . � � �. 8 . Consider award of the contract for the Civic Center facade ; renovation to the lowest and best bidder meeting � specifications, Harper Construction Company, in the amount �' of $18 , 923 . 00 and authorize the Acting City Manager to enter � into a contract with the low bidder. Director of Public � Works recommends approval. � f 9 . Consider award of the bid to the lowest and best bidder � meeting specifications, J. L. Bertram Construction & ` Engineering, Inc. , in the amount of $17 . 75 per ton for �' Type D hot mix asphalt (F.O.B. Plant) and $17 . 30 per ton for � Type A hot mix asphalt (F.O.B. Plant) . Manager of � Operations and Purchasing Agent recommend approval. $ � 10. Consider award of the bid to the lowest and best bidder � meeting specifications to Chem Lime Division of Chemical �; Lime SW, Inc. , in the amount of $67. 50 per ton for lime � slurry. Manager of Operations and Purchasing Agent � recommend approval. � s 8 11 . Consider an ordinance amending Ordinance No. 87-15 which � adopted the Thoroughfare Plan 1987-2030 relative to removal � of Nash Street from the Thoroughfare Plan. Director of € Public Works recommends approval. � r � � � � � � � � � � � � � � � 12 . Consider a resolution establishing the "Confirmation of � Donated Assets" as the official developer fixed asset contribution confirmation to ensure completeness of accounting records. Acting Finance Director recommends approval. � 13 . Consider an ordinance amending the Grapevine Code of � Ordinances, Chapter 15 Offenses and Miscellaneous Provisions by the addition of a new Article IV Fee for "Unpaid Returned Checks" , establishing a $10 . 00 service charge on � non-sufficient funds check collections. Acting Finance �: Director recommends approval. � �� 14 . Consider adopting the revised timetable for the sale of bonds in April, 1989, as prepared by Mr. Harold McInroe of First Southwest Company. Acting Finance Director recommends � approval. €' 15 . Consider the minutes of the January 26 and February 1 , 1989 City Council meetings as published. City Secretary recommends approval. PLANNING & ZONING COMMISSION RECOMMENDATIONS 16 . Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU88-10 (Rand Theatres) and a subsequent ordinance, if applicable. 17 . Consider the recommendation of the Planning & Zoning Commission relative to Zoning Application Z89-01 (David Bagwell Company) and a subsequent ordinance, if applicable. 18 . Consider the recommendation of the Planning & Zoning � Commission relative to proposed amendments to Comprehensive � Zoninq Ordinance No. 82-73, as amended, Section 31 "LI" Light Industrial District and a subsequent ordinance, if � applicable. 19. Consider the recommendation of the Planning & Zoning � Commission relative to the replat of Stone Gate Phase I and � take any necessary action. 20. Consider the recommendation of the Planning & Zoning � Commission relative to the replat of the Charter Hospital Addition and take any necessary action. 21 . Consider the recommendation of the Planning & Zoning Commission relative to the Stonewood Addition and take any necessary action. MISCELLANEOUS REPORTS AND/OR DISCUSSION 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 17TH DAY OF FEBRUARY, 1989 AT 5 :00 P.M. � � , � � � � City Secretar � �o AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING i TUESDAY, FEBRUARY 21 , 1989 AT 7 : 30 P.M. � CONFERENCE ROOM #204 j 307 WEST DALLAS ROAD j � ; i , NEW BUSINESS I i 1 . Consider Conditional Use Application CU88-10 (Rand Theatres) � and make a recommendation to the City Council. j 2 . Consider Zoning Application Z89-01 (David Bagwell Company) � and make a recommendation to the City Council. � 3 . Consider proposed amendments to Comprehensive Zoning � Ordinance No. 82-73 , as amended, Section 31 "LI" Light � , Industrial District and make a recommendation to the City � Council. � � 4 . Consider Tree Removal Permit TR88-04 relative to the Banyan � Place Subdivision and take any necessary action. � � s � CONSENT AGENDA � r 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 � implement items or to make a recommendation to the City Council, in accordance with Staff recommendations. � � F � 5. Consider the replat of Stone Gate Phase I and make a � recommendation to the City Council. Staff recommends � approval. � �: 6 . Consider the replat of the Charter Hospital Addition and � make a recommendation to the City Council. Staff recommends � approval. � 7. Consider the replat of the Stanewood Addition and make a � recommendation to the City Council. Staff recommends � approval. � � 8 . Consider the minutes of the November 7, December 12 and 20, � 1988 and January 17 , 1989 meetings. Staff recommends � approval as published. a � � , MISCELLANEOUS REPORTS AND/OR DISCUSSION � � � 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 PLANNING & ZONING COMMISSION MEETING AGENDA WAS PREPARED "' AND POSTED ON THIS THE 17TH DAY OF FEBRUARY, 1989 AT 5 : 00 P.M. � � � � �. � � , � a� � � City Secretary � � � � � � 3 i 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 21st day of February, 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: � Ted R. Ware Mayor Pro Tem ;, Jim Glynn Council Member Sharron Spencer Council Member C. Shane Wilbanks Council Member Lynn R. Niedermeier Council Member Gil Traverse Council Member constituting a quorum, with Mayor William D. Tate absent, with the following members of the Planning & Zoning Commission: Ron 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: Kelvin Knauf Acting City Manager Adrienne C. Leonard Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Pro Tem Ware called the meeting to order at 7 : 34 p.m. INVOCATION Commission Member Cathy Martin delivered the Invocation. ITEM 1 . PUBLIC HEARING, CONDITIONAL USE APPLICATION CU88-10, RAND " THEATRES OF TEXAS, INC. Mayor Pro Tem Ware declared the public hearing open. Planner Marcy Ratcliff advised that Conditional Use Application CU88-10 was filed by Rand Theatres of Texas, Inc. requesting an amendment to an approved conditional use permit (Ordinance No. 87-70) for a planned commercial center to revise the landscaping plan for Rand Theatres. The property, located on the northeast corner of State Highway 114 and William D. Tate Avenue intersection, is zoned "HC" Highway Commercial. The amendments would include: (1) the reduction of trees within clusters on parking islands from three (3) to two (2) at each location; (2) elimination of hawthorn, seasonal and jasmine ground cover in favor of bermuda turf sod; and (3) reduction of caliper of the live and red oaks. Mr. David Briskie, representing Rand Theatres, addressed the Council and Planning & Zoning Commission, requesting favorable consideration of the Conditional Use Application. During his presentation, it was noted that Rand Theatres has a temporary "Certificate of Occupancy" because the current landscaping does not comply with the approved site plan. Staff reported the proposed landscaping plan does meet the City requirements. � � a212�1$� ; F p� § Mayor Pro Tem Ware then invited those guests present to comment ' either for or against the requested canditional use permit. � Mr. Jahn T. Evans, af Evans Birmingham Williamson, Inc. , spoke in � favor af the propased amendments ta the landscaping plan. There � was no correspondence to repart. �: Commission Member Hinson, seconded by Commission Member Atchley, � made a motion to close the public hearing. The motian prevailed by � the following vote: � � Ayes: Cook, �liver, Martin, Atchley, Meyer, Hinson, & Price ¢ Nays : None � Cauncil Member G1ynn made a motion to clase the public hearing. � The motion was secanded by Cauncil Member Niedermeier and prevailed � ; by the following vote: � � Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse � Nays . None � Absent: 2'ate � t � ITEM 2 . PUBLIC HEARING, ZONING APPLICATION Z$9-01, DAVID BAGWELL � CQMPANY � � Mayar Pra Tem Ware declared �he public hearing apen. � � Planner Marcy Ratcliff s�.ated the request ta rezone 16 . 6 acres from � "R-20" Single-Family District Regulations ta "R-12. 5" Single-Family ' District Regulations had been filed by the David Bagwell Company. � The property is Iocated west of W, T. Parr Raad and north of �: Hall-John�on Road. f' t Mr. George Field, representing the David Bagwell Company, addressed y the City Council and Planning & Zcsning Commission requesting the ; case be tabled for 30 days to allow time to visit with neighboring �; property owners and to incarporate their concerns in�o the p1an. �: A2so further discussions are needed relative to the proposed park � as to locatian, configuration, etc. � Cammission Member Martin, �econded by Commission Member Oliver, � made a matian to con�inu,e the public hearing on Zoning Applicatian � Z89-01 ta March 21 , 1989 . Cammission Member Oliver o�fered a £ second to the matian which prevailed as follows: � Ayes: Caok, Qliver, Mar�.in, Atchley, Meyer, Hinson & Price � Nays : Nor�e � � fi Cauncil Member Traverse made a mata.an to aceept Planning & Zoning � Commission' s recommenda�.ion and cantinue the public hearing on � Zaning Application Z89-01 to March 2I, 1989 meeting. Council � Member Wilbanks offered a second to the motion which prevailed as $, follows: ; , � Ayes . Ware, Glynn, Spencer, Wilbanks, Traver�e & Niedermeier £ Nays . None € Absent: Tate ? Mayor Pro Tem Ware then asked if there were guests present wha ' wouZd not be able ta attend the March 21 meeting and wished to • � comment regarding the zoning request. Mr. Jerry Brandt, f 3947 W. T. Parr Road, stated he had located in Grapevine because of � the atmasphere and "R-20" lats. He stated rezoning of ffR-20" lats � had to be stopped at some time. The public hearing wauld be continued on March 21 , 1989. � � � } $ ITEM 3, PUBLIC HEARING, AMENDMENT TO COMPREHENSIVE ZONING � ORDINANCE N4. $2-73, SECTIt3N 31 "LI" LIGHT INDUSTRIAL � � i- Mayar Pra Tem Ware deciared the public hearing open. ; � � � � (21 � � � 02/21/89 Planner Marcy Ratcliff stated the proposed amendment to Comprehensive Zoning Ordinance No. 82-73, as amended, Section 31 � "LI" Light Industrial would allow convenience stores for off-premise consumption of alcoholic beverages (beer sales) as a conditional use. If the amendment is approved the City Council and - Planning & Zoning Commission would review each case submitted. ' Ms. Marcy Willet, owner of Mac ' s-A-Go-Go Convenience Store, addressed the Council and Planning & Zoning Commission relative to � her request to amend Section 31 and requested favorable � consideration of the proposed amendment. 1 There were no questions from the City Council or Planning & Zoning � ' Commission. Mayor Pro Tem Ware then invited those guests present ' to comment either for or against the proposed amendments. No one ? wished to speak and there was no correspondence to report. s j Commission Member Martin, seconded by Commission Member Price, 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 ; � Council Member Niedermeier, seconded by Council Member Spencer, i made a motion to close the public hearing. The motion prevailed by � the following vote: � Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Nays . None = ; Absent: Tate ITEM 3A. CITIZENS REQUEST, MR. JIM SWANN Mr. Jim Swann, 1018 Riverside Drive, extended an invitation to the City Council and all guests present to attend a Chamber Music Concert sponsored by the Lake Grapevine Area Arts Council. �'c K�t'�In�3 E1� 3�, 19� --�, ITEM 4 . AUDIT PRESENTATION, FISCAL YEAR ENDING ��""ra�i�-��-�—�88 �3cf�o Mr. Clyde Womack, partner with Peat Marwick Main & Co. , made a brief presentation on their firm' s findings and recommendations relating to the review of the City' s financial records for FY88 . Mr. Womack stated there were no material weaknesses found in the City' s records and that the firm had reviewed and agreed with Staff' s responses to the management letter. Following brief comments, Council Member Glynn made a motion to accept the Audit Report. Council Member Wilbanks offered a second to the motion which prevailed by the following vote: Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse ; Nays . None Absent: Tate ITEM 5. DISCUSS, WEST COLLEGE STREET PARKING Deputy Chief Grady Lewis stated that Police Chief H. A. Deggans recommended that no action be taken regarding removal of the no parking designation on West College Street. A survey of citizens between the 1300 and 1600 blocks of West College determined the majority were satisfied with the No Parking ordinance as it applies to the street. � Discussion followed with Council Member Wilbanks stating that he does not believe the volume of traffic on West College Street warrants a four (4) lane roadway. (3) � . � 02/21j$9 � � � i � � $ Council Member Glynn made a motian �hat no action be �aken in � regards ta a citizen request far parking on West College Street. � Council Member Spencer offered a second to the motian which � prevailed as follows: s Ayes ; Ware, Glynn, Sgencer, Niedermeier & Traverse � Nays . Wilbanks �: Absent: Tate � i � � � ITEM 6. CONTRACT, MATERIAL TESTING �ERVICES, Dt}VE TANK WATER � PIPELINE � �: � � Manager af Engineering Stan Laster stated �hat four (4) firms were � contacted to submit proposals �.a provide material testing services � far the Dove Tank Water Pipeline Construction Paroject. The project � is part of the water plant expansian program. Maxim Engineers wa� � the preferred firm as Staff focused on density testing in thi� � project. � � Following di�cussion, Council Member Niedermeier made a mation to � award the contract ta Maxim Engineers for material �es�ing services � on the Dave Tank Water Pipeline Construction Project and authorize � the Acting City Manager to enter into a con�ract wzth said firm far � a fee not to exceed $3,392 .50 . Council Member Traverse offered a � second to the motian which prevailed as fallowss � Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse � Nays . Nane � Absent: Tat� � , � � ; ' x ITEM 7. STREET NAME, ENTRANCE TO MUNICIPAL COMPLEX ` � � ' Director of Public Works Jerry Hodge requested City Council F direction in namzng the entrance off Main 5treet to the Grapevine Convention Center and Grapevine Library. The naming of the ' entrance and placement of a street sign wauld assist the public in ; lacating �he two facilities. ? During deliberation, Council Member Spencer made a motion that i S�aff bring an ardinance before Council at the next meeting naming ; the street. Follawing discussion of po�sible street names, Council = Member Spencer withdrew her motion. � s Council Member Glynn then made a motion that Staff bring an ordinance before Council naming the entrance Municipai Way. Cauncil Member Traverse offered a second ta the motion which prevailed as follows: Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Nays . None Absen�: Tate � C4NSENT AGENDA ', The City Cauncil considered the consent agenda items, which were � , ; deemed ta need little or no discussion and were acted upon as one ; business item. Mayor Pra Tem Ware asked if there was any member of the audience or City Council who wished to remove an item from the � consent agenda for fu11 discussion. Staff requested Item 11 ; Thoraughfare Plan Amendment be removed. ; I�em 8 . Contract, Civic Center Facade Renovation Director of Public Works recommended the Acting City Manager enter # into a contract with the lowest and best bidder meeting ' ' specifications, Harper Constructian Company, in tha aznount af � $18 , 923 . 00 for the Civic Center facade renovation. � (4) i � 02/21/89 ; 1 Motion by Council Member Spencer and seconded by Council Member ' Traverse to approve as recommended prevailed by the following vote: � i Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Nays . None Absent: Tate � Item 9. Bid Award, Hot Mix Asphalt ; Manager of Operations and Purchasing Agent recommended award of the 1 bid to the lowest and best bidder meeting specifications, J. L. � � Bertram Construction & Engineering, Inc. , in the amount of $17 . 75 a per ton for Type D hot mix asphalt (F.O.B. Plant) and $17.30 per � ton for Type A hot mix asphalt (F.O.B. Plant) . iMotion by Council Member Spencer and seconded by Council Member Traverse to approve as recommended prevailed by the following vote: � Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse ; Nays . None ' Absent: Tate i � � Item 10. Bid Award, Lime Slurry � i � Manager of Operations and Purchasing Agent recommended award of the � bid to the lowest and best bidder meeting specifications, Chem Lime 'I Division of Chemical Lime SE, Inc. , in the amount of $67.50 per ton j for lime slurry. a Motion by Council Member Spencer and seconded by Council Member � Traverse to approve as recommended prevailed by the following vote: � � Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Nays . None ` � Absent: Tate � i ; � ITEM 11 . THOROUGHFARE PLAN AMENDMENT � This item was removed from the consent agenda and discussed after Item 16 . Staff requested removal of the proposed amendment to the Thoroughfare Plan relative to Nash Street as the item had not been posted on the Planning and Zoning Commission' s agenda. Council Member Spencer made a motion to table the item to the March 21, 1989 meeting. Council Member Wilbanks offered a second . to the motion which prevailed as follows: Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Nays . None Absent: Tate Item 12. Resolution, Establish Confirmation of Donated Assets Acting Finance Director recommended approval of a resolution establishing the "Confirmation of Donated Assets" form as the official developer fixed asset contribution confirmation to ensure ; completeness of accounting records. ` The caption of the proposed resolution was read into the record. i Motion by Council Member Spencer and seconded by Council Member i Traverse to approve as recommended prevailed as follows: , � ; Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse ; Nays . None Absent: Tate � i � (5) �`: 02/21/89 � ; r � # RESOLUTION NO. 89-05 ° I. A RESOLUTION OF THE CITY OF GRAPEVINE, TEXAS, �' ; ADOPTING THE CONFIRMATION OF DONATED ASSETS �. FORM AS THE OFFICIAL CONFIRMATION OF g; DEVELOPER CONTRIBUTED ASSETS AND PROVIDING AN i: EFFECTIVE DATE $ # � Item 13. Ordinance, Amend Chapter 15 Offenses and Miscellaneous €. Provisions ` � Acting Finance Director recommended approval of an ordinance � amending the Grapevine Code of Ordinances, Chapter 15 Offenses and � Miscellaneous Provisions by the addition of a new Article IV "Fee 5 for Unpaid Returned Checks" , establishing a Ten Dollar ($10 . 00) � y service charge on non-sufficient funds check collections. � The caption of the proposed ordinance was read into the record. � i. � Council Member Spencer made a motion, seconded by Council Member � Traverse, to approve as recommended which prevailed by the � following vote: �� Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse � Nays . None � Absent: Tate � � ORDINANCE NO. 89-13 � � f AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, � �` AMENDING THE GRAPEVINE CODE OF ORDINANCES BY �: AMENDING CHAPTER 15 OFFENSES AND � , MISCELLANEOUS PROVISIONS BY ENACTING A NEW ARTICLE IV "FEE FOR UNPAID RETURNED CHECKS" ; � PROVIDING FOR CITY RIGHT OF REFUSAL TO ACCEPT �; CHECKS, DRAFTS OR INSTRUMENTS AS TENDER FOR =' AMOUNTS DUE THE CITY; PROVIDING A � SEVERABILITY CLAUSE, PROVIDING A REPEALER; � DECLARING AN EMERGENCY AND PROVIDING AN � � - EFFECTIVE DATE � c € � z i � Item 14. Adopt, Bond Sale Revised Time Table � Acting Finance Director recommended approval of adopting the � revised timetable for the sale of bonds in April, 1989, as prepared }� � by Mr. Harold McInroe of First Southwest Company. ? Council Member Spencer made a motion, seconded by Council Member � Traverse, to approve as recommended which prevailed by the � following vote: Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse ; Nays . None � Absent: Tate i � Item 15. Consideration of the Minutes ;' � City Secretary recommended approval of the minutes for the r January 26 and February 1 , 1989 City Council meetings as published. � � � Council Member Spencer made a motion, seconded by Council Member ; Traverse, to approve as recommended which prevailed by the � following vote: � � �. Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse � Nays . None � Absent: Tate � � � � x � € � t (6) �: � � 02/21/89 RECESS & RECONVENE All members were present upon reconvening except Mayor Tate. ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU88-10 (RAND THEATRES) Planning & Zoning Commission Chairman reported the Commission voted ' 7-0 to approve Conditional Use Application CU88-10 filed by Rand Theatres of Texas, Inc. to amend an approved conditional use permit (Ordinance No. 87-70) to revise the landscaping plan around Rand ' Theatre. The property is located on the northeast corner of State Highway 114 and William D. Tate Avenue intersection. :� The caption of the proposed ordinance was read into the record. f Council Member Spencer, seconded by Council Member Wilbanks, made a motion to accept Planning & Zoning Commission' s recommendation and adopt the ordinance. The motion prevailed by the following vote: Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse > Nays . None Absent: ,.Tate i ORDINANCE NO. 89-14 AN ORDINANCE AMENDING A CONDITIONAL USE PERMIT ORDINANCE NO. 87-70 FOR A PLANNED -; 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 LANDSCAPING � PLAN IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH AN AMENDED SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2, 000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING -OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN EMERGENCY ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z89-01, DAVID BAGWELL The public hearing for this item was continued to March 21, 1989. ITEM 18 . PLANNING & ZONING COMMISSION RECOMMENDATION AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE NO. 82-73, SECTION 31 "LI" LIGHT INDUSTRIAL Chairman Cook reported the Commission voted 7-0 for approval of the � proposed amendment to Comprehensive Zoning Ordinance No. 82-73, as amended, Section 31 "LI" Light Industrial Zoning District to allow convenience stores with alcoholic beverage sales for off-premise consumption of beer only as a conditional use. The caption of the proposed ordinance was read into the record. (�) � ; � 4 02/21/89 � z � � � � Council Member Traverse, seconded by Council Member Spencer, made a � motion to accept the Planning & Zoning Commission' s recommendation � and adopt the ordinance. The motion prevailed by the following � vote: � § Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse � Nays : None � Absent: Tate � � ORDINANCE N0. 89-15 � d: AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS b AMENDING ORDINANCE N0. 82-73 , THE � COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF �` GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS g 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 31 "LI" LIGHT INDUSTRIAL � DISTRICT; 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; � DECLARING AN EMERGENCY AND PROVIDING AN � EFFECTIVE DATE � �' � ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION � REPLAT, STONE GATE PHASE I � � Chairman Cook reported the Commission voted 7-0 for approval of the � replat of Stone Gate Phase I. The replat of the property located ' west of Roberts Road and south of Hall-Johnson Road was necessary to revise street names and utility easements. g � Council Member Traverse, seconded by Council Member Glynn, made a � motion to accept the Planning & Zoning Commission' s recommendation x and approve the replat of Stone Gate Phase I. The motion prevailed s by the following vote: � � Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse { Nays . None ; Absent: Tate ;: t ITEM 20 . PLANNING & ZONING COMMISSION RECOMMENDATION � REPLAT, CHARTER HOSPITAL ADDITION Chairman Cook reported a vote of 7-0 by the Commission to approve � the replat of the Charter Hospital Addition located on the west � side William D. Tate Avenue and north of Timberline Drive. The =` replat is necessary for revision of utility easements. ;` � � Council Member Niedermeier, seconded by Council Member Traverse, ; made a motion to accept the recommendation of the Planning & Zoning � Commission and approve the replat of the Charter Hospital Addition. ; The motion prevailed by the following vote: : 3 Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse �' Nays . None � Absent: Tate � � F ITEM 21 . PLANNING & ZONING COMMISSION RECOMMENDATION � REPLAT, STONEWOOD ADDITION J' � Chairman Cook reported a vote of 7-0 by the Commission to approve � the replat of the Stonewood Addition located west of W. T. Parr � Road at High Ridge Drive. The purpose of the replat is to revise � the subdivision name. �; � � � � (8) � � � � 02/21/89 1 � Council Me�nber Wilbanks , seconded by Council Member Niedermeier, made a motion to accept the recommendation of the Planning & Zoning Commission and approve the replat of the Stonewood Addition. The motion prevailed by the following vote: Ayes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Nays . None ' Absent: Tate MISCELLANEOUS REPORTS AND/OR DISCUSSION r � ITEM 22 . Council discussed at length the concerns of retaining walls being built in the City' s right-of-way. Comments centered on the City' s liability, utilities being ; covered, possible loss of large trees , no engineering standards to building cross tie retaining walls and � maintenance of retaining walls. Staff was directed to ' review the problems noted and draft an ordinance setting ` some standards for retaining walls. s` ' Y Director of Public Works Jerry Hodge requested direction from Council relative to having the City Attorney draft an agreement with Mr. Fred Joyce relative to the High Country Development. It was the consensus of the City Council for the City Attorney to draft a hold harmless agreement. Item 22A. Lengthy Council discussion ensued relati�e to the new sewer rates that recently became effective. The problem is basing sewer rates on the three (3) month winter ; consumption average, or 10, 000 gallons for customers that do not have the three (3) month winter average. Twenty-five percent (25�) of the City' s customer base does not have the history on which to average their '; � rate. Staff was directed to review the billing process and determine the most equitable way to base sewer rates for customers without a history, either on actual consump- tion or based on an average gallon amount. The infor- mation was requested to be transmitted to Council prior to drafting any proposed amendments. Item 22B. Acting City Manager Kelvin Knauf reported there would be a Special City Council meeting on Monday, March 6 , 1989 in Conference Room #204, 307 West Dallas Road, to discuss water rights at Grapevine Reservoir. ADJOURNMENT There being no further business to discuss, Council Member Spencer made a motion to adjourn the meeting at 9 :25 p.m. Council Member Wilbanks seconded the motion which prevailed by the following vote: I�yes . Ware, Glynn, Spencer, Wilbanks, Niedermeier & Traverse Nays . None ` Absent: Tate PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of March , 1989 . (9) _ � � 02/21/89 � �. �: � � � APPROVED: � �` � � � �-- � � Mayor : � _: � ATTEST: � � P • , � City Sec ary � � � � < � � , 9, � � , ! � � I ; � $ � � t ; � i ; ' � ; � 1 � ' s '� i y � 3 e E d Y � a a `s � �,. s ; i 3 ,j � f ��O�