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HomeMy WebLinkAboutItem 15 - Minutes05/15/07 Note: Council Member Wilbanks arrived during discussion. There was no formal action taken by the City Council. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:15 p.m. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of June, 2007. ATTEST: Linda Huff City Secretary 2 Uzzue-mi on William D. Tate Mayor STATE OF TEXAS � COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 15th day of May, 2007 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Mayor William D. Tate absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Mayor Pro Tem Ware called the meeting to order at 7:17 p.m. ITEM 1. EXECUTIVE SESSION Mayor Pro Tem Ware announced the City Council would conduct a closed session regarding: (A) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.086, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Pro Tem Ware asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.086, Texas Government Code. Note: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. 05/15/07 Note: Mayor Tate arrived during the Regular City Council meeting in the Council Chambers. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 10:22 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of June, 2007. ATTEST: Linda Huff City Secretary FA William D. Tate Mayor r� STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 15th day of May, 2007 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to -wit: William D. Tate Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Mayor Pro Tem Ware called the meeting to order at 7:35 p.m. INVOCATION Commissioner Wilson delivered the Invocation. 05/17/07 ITEM 1. PUBLIC HEARING ZONING APPLICATION Z07-03 PLANNED DEVELOPMENT OVERLAY PD07-03 AND FINAL PLAT OF LOTS 1-29 BLOCK 1, LOTS 1 AND 2, BLOCK 2 AND TRACTS A B C D AND E RIVER DANCE ADDITION BEING A REPLAT OF LOT 5R. BLOCK 1. STATE HIGHWAY 26/POOL ROAD ADDITIION Mayor Tate declared the public hearing open. Development Manager Ron Stombaugh reported that Zoning Application Z07-03, Planned Development Overlay PD07-03 and the final plat application for Lots 1-29, Block 1, Lots 1 and 2, Block 2, and Tracts A, B, C, D and E, River Dance Addition being a replat of Lot 5R, Block 1, State Highway 26/Pool Road Addition had been filed by Gary Cantrell Co., Inc./River Dance Addition. The zoning application requests rezoning of approximately 12.10 acres from "CN" Neighborhood Commercial District Regulations to "R-5.0" Zero Lot Line District Regulations. The planned development overlay request includes but is not limited to setbacks, building coverage, impervious area and buffer area. The subject property is located at 3735 Ira E. Woods Avenue. Mr. Curtis Young requested favorable consideration of the application. He reviewed the proposed single family development that would contain 31 lots with a density of 2.56 units per acre. He stated that there would be a dedicated left turn lane from State Highway 26 to enter the property and a right turn only would be allowed from the property. Mr. Young stated that emergency access would be from the commercial property to the east. He also noted that 42% of the site is open space. City Council and Planning & Zoning Commission questioned the need for the planned development overlay, expressed concern regarding the cost of the homes for "empty nesters," noted concerns of the homes abutting State Highway 26, expressed concerns regarding traffic and children walking to school. During discussion, it was noted that consultants during the City's 1984 rezoning had recommended that the property not be zoned residential. Note: Mayor Tate returned to the meeting Mayor Pro Tem Ware invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported there was one letter of support and one letter of opposition and that the total percent of property owners in opposition within 200 feet of the subject property is 46.73 percent. Therefore, a 3/4 vote of the City Council would be required for approval of the requests. Commissioner Coy, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None 2 05/17/07 Council Member Freed, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 2. PUBLIC HEARING ZONING APPLICATION Z07-04 FIRST NATIONAL BANK Mayor Pro Tem Ware declared the public hearing open. Note: Council Member Freed left the meeting. Development Manager Stombaugh advised that Zoning Application Z07-04 had been filed by First National Bank requesting rezoning of approximately 0.233 acres from "R-7.5" Single Family District Regulations to "PO" Professional Office District Regulations. The subject property is located at 1121 Airline Drive. Mr. Stombaugh advised the concept plan shows a proposed 4,000 square foot bank along South Main Street with access to Airline Drive for emergency vehicles only and it will be gated. There will be a parking lot for the bank on Airline Drive. Mr. Randall McCauley requested favorable consideration of the application. City Council and Planning & Zoning Commission expressed concerns that commercial development would be in a residential area on Airline Drive. Note: Council Member Freed returned to the meeting. Note: Mayor Tate left the meeting. Mayor Pro Tem Ware invited guests present to comment regarding the application. Mr. Richard Pemberton, 1701 Dunn Street, expressed his opposition to the rezoning of the property as he owns the lot to the north and proposes to build a single family residence. City Secretary Huff stated there was no correspondence to report. Note: Mayor Tate returned to the meeting. Commissioner Wilson, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None 3 05/17/07 Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Abstain: Freed ITEM 3. PUBLIC HEARING ZONING APPLICATION Z07-05 KELLY-LARSON SALES LP/LARSON ADDITION Mayor Pro Tem Ware declared the public hearing open. Development Manager Stombaugh reported Zoning Application Z07-05 had been filed by Kelly -Larson Sales LP/Larson Addition requesting rezoning of approximately 0.24 acres from "R -MF -1" Multifamily District Regulations to "PO" Professional Office District Regulations. The subject property is located at 511 North Main Street and the rezoning is for the development of an existing 1,200 square foot dwelling to be used as an office. Mr. Stombaugh advised that this would be the first reading of the ordinance, if approved, due to variances requested from the Board of Zoning Adjustments relative to encroachment into the building setback of a reverse frontage lot; a proposed parking lot encroachment into the required landscape buffer; a reduction to the number of required parking spaces; a reduction of the minimum drive lane width; and a reduction of the minimum depth required for perimeter landscaping. Mr. Chuck Larson requested favorable consideration of the application and submitted a petition signed by the adjacent property owners in support of the rezoning. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Pro Tem Ware invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported the Council and Commission had been copied the one letter of support and the one letter of opposition. Commissioner Fry, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 0 05/17/07 ITEM 4. PUBLIC HEARING ZONING APPLICATION Z07-06 SCOTT NORTON Mayor Pro Tem Ware declared the public hearing open. Development Manager Stombaugh reported Zoning Application Z07-06 had been filed by Scott Norton requesting rezoning of approximately 0. 173 acres from "R -MF -2" Multifamily District Regulations to "R-5.0" Zero Lot Line District Regulations. The subject property is located at 706 East Wall Street and a two-story residence is proposed to be constructed. If approved, this would be the first reading of the ordinance due to variances requested from the Board of Zoning Adjustments relative to proposed encroachment into both side yard setbacks for the proposed residence. Mr. Scott Norton requested favorable consideration of the application and stated it would be a residence and not an office building. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Pro Tem Ware invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported the Council and Commission had been copied the one letter of support. Commissioner Murray, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Freed, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 5. PUBLIC HEARING ZONING APPLICATION Z07-07 AND MASTER PLAN MP07-01 LAND USE MAP AMENDMENT Mayor Pro Tem Ware declared the public hearing open. Development Manager Stombaugh advised that Zoning Application Z07-07 and Master Plan MP07-01 had been filed by the City of Grapevine requesting rezoning of property west of Barton Street, north of Hudgins Street, east of Ball Street and south of Wall Street from "R-TH" Townhouse District Regulations, "R-3.75" Three and Four Family District Regulations and "CBD" Central Business District to "R-7.5" Single Family District Regulations and "GU" Governmental Use District and to amend Map 2 of the City's Future Land Use Plan for this area to low density residential. 1 05/17/07 Acting Development Services Director Scott Williams reported that all property owners were notified and that the ones responding and that Staff had met with had not expressed any opposition to the rezoning. Mayor Pro Tem Ware invited guests present to comment regarding the application Mr. Russell Towery, 330 Church Street, expressed his concerns that the rezoning would cause property taxes to continue to increase. City Secretary Huff reported the Council and Commission had been copied the seven letters of support and the two letters of opposition. Commissioner Wilson, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Spencer, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Tate ITEM 6. PUBLIC HEARING AMEND GRAPEVINE CODE OF ORDINANCES APPENDIX D, THE COMPREHENSIVE ZONING ORDINANCE NO 82-73 AS AMNEDED, SECTION 12 DEFINITIONS Mayor Pro Tem Ware declared the public hearing open. Development Manager Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions relative to lot and rear yard depth. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Pro Tem Ware invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Fry, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None 59 05/17/07 Council Member Spencer, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RECESS AND RECONVENE Mayor Pro Tem Ware announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. Mayor Pro Tem Ware announced the City Council would take a brief recess. Upon reconvening in the Council Chambers all members of the City Council were present and Mayor Pro Tem Ware turned the meeting over to Mayor Tate. ITEM 6A. CITIZENS COMMENTS, MS. EMILY HALL City Secretary Huff reported that Ms. Emily Hall, 2705 Magnolia Lane, a Grapevine High School student, and submitted a petition signed by 152 people encouraging the City Council to make Grapevine a Cool City. ITEM 7. RECONSIDER CITY COUNCIL VOTE CONDITIONAL USE APPLICATION CU07-03 FARINA'S WINERY Acting Development Services Director Williams recommended that the City Council reconsider their vote on Conditional Use Application CU07-03 filed by Farina's Winery for property located at 418 and 420 South Main Street. The original application requested a conditional use permit to amend the previously approved site plan approved by Ordinance No. 2005-66 for the possession, storage, retail sale and on- and off -premise consumption of alcoholic beverages (wine only) in conjunction with a wine tasting room specifically to expand to an outdoor consumption area. Mr. Williams advised the revised site plan removed the outdoor consumption area and does not change the amount of parking available along Barton Street. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to reconsider the vote of the Council on April 17, 2007 for denial of Conditional Use Application CU07-03. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Abstain: Freed Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to approve Conditional Use Application CU07-03 with the revised site plan to eliminate the outside consumption area. The motion prevailed by the following vote: 0 05/17/07 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Abstain: Freed ORDINANCE NO. 2007-23 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU07-03 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2005-66 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON- AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINE TASTING ROOM IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 8. AWARD ENGINEERING DESIGN SERVICES CONTRACT REED FIRE PROTECTION Public Works Director Matt Singleton reviewed the engineering services contract with Reed Fire Protection Engineering in the amount of $130,440.00 for the design of the fire sprinkler system for the 300 and 400 blocks of Main Street. Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to approve as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Abstain: Freed LV 05/17/07 ITEM 9. ORDINANCE, AMEND ORDINANCE NO. 2006-85 GAS AND OIL WELL DRILLING Assistant City Manager H. T. Hardy recommended approval of an ordinance amending gas and oil well drilling Ordinance No. 2006-85 relative to distance from commercial and industrial buildings and restricting traffic from drilling on Dallas/Fort Worth Airport property on to City of Grapevine streets. Council Member Freed, seconded by Council Member Stewart, offered a motion to approve the ordinance as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2007-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 12 HEALTH AND SANITATION BY SECTION 12-145 AND SECTION 12-154 RELATIVE TO OIL AND GAS WELL DRILLING, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE 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 10. APPROVE INTERLOCAL AGREEMENT THE FORT WORTH TRANSPORTATION AUTHORITY AND CITY OF GRAPEVINE City Manager Bruno Rumbelow reviewed the interlocal agreement between The Fort Worth Transportation Authority and the City of Grapevine, Texas relative to commuter rail service. The commuter rail is projected to be in place around 2012 and is a $390 million rail project that will operate seven days a week. Discussion ensued as to what impact the commuter rail schedule would have on the operation of the Grapevine Vintage Railroad operations. City Attorney John F. Boyle, Jr. stated that the agreement provides that there is an obligation of The T to protect the Grapevine Vintage Railroad operations or it is in violation of the contract. There was discussion to clarify Section 4.2(f) and Section 4.3(e) to state that there would not be any Grapevine money spent on the rail station at the north end of the airport. The term "Grapevine Funds" as stated in Section 4.3(e) means the funds from the 4B sales tax that is designated for the commuter rail. 9 05/17/07 Council Member Johnson, seconded by Council Member Spencer, offered a motion to approve the agreement with the clarification in Section 4.3(e) that the funds would be from the 4B sales tax monies. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Mr. Dick Rudell, President of The T, expressed his appreciation and that of the City of Fort Worth to the Grapevine City Council for adopting the rail agreement. ITEM 11. AWARD PUBLIC STREETSCAPE IMPROVEMENTS CONSTRUCTION CONTRACT, C & C CONSTRUCTION INC. Deputy Director of Public Works Stan Laster recommended approval of the award of the Public Streetscape Improvements Construction Contract to C & C Construction, Inc. in the amount of $433,045.76 for pedestrian enhancements adjacent to Fairfield on Main Street. Council Member Freed, seconded by Council Member Stewart, offered a motion to award the contract as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None CONSENT AGENDA The next order of business for the City Council was to consider the consent agenda items, which were deemed to need little or no discussion and were acted upon as one business item. Mayor Tate asked if there was any member of the audience or the City Council who wished to remove an item from the consent agenda for full discussion. There were none. Item 12. One -Year Extension, Planned Development Overlay PD0602 Grapevine Lofts Acting Development Services Director recommended approval of a one-year extension to Planned Development Overlay PD06-02 approved by Ordinance No. 2006-19 for property located at 2301 North Grapevine Mills Boulevard (Grapevine Lofts) for a planned development overlay on property zoned "R -MF -2" Multifamily District Regulations. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 10 05/17/07 Item 13. Resolution, Support Preserve America Grant Funding Convention & Visitors Bureau Director recommended approval of a resolution supporting the City of Grapevine's application for Preserve America grant funding. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote:_ Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2007-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, STATING THE SUPPORT OF THE CITY'S WILLINGNESS TO ACCEPT THE PRESERVE AMERICA FUNDING IF AWARDED AND PROVIDING AN EFFECTIVE DATE Item 14. Renew Printing Services Annual Contract Parks & Recreation Activity Brochure Parks & Recreation Director recommended approval of the renewal of the printing services annual contract for the Parks & Recreation Activity Brochure to F. J. Business Forms for a total cost of $17,000.00. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 15. Renew Water and Wastewater Chemicals Annual Contract Public Works Director recommended approval of the renewal of water and wastewater chemicals annual contract to DPC Industries, Altivia Corporation, Pencco, Inc., Harcross Chemicals and Fort Bend Services. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 11 05/17/07 Item 16. Consideration of Minutes City Secretary recommended approval of the minutes of the May 1 and 8, 2007 City Council meetings. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z07-03 GARY CANTRELL CO. INC./RIVER DANCE ADDITION Chairman Larry Oliver reported the Planning & Zoning Commission voted 7-0 for denial of Zoning Application Z07-03 Gary Cantrell Co. Inc./River Dance Addition requesting rezoning of approximately 12.10 acres from "CN" Neighborhood Commercial District Regulations to "R-5.0" Zero Lot Line District Regulations on property located at 3735 Ira E. Woods Avenue. Discussion ensued that the Commission had concerns that the subject property was not a good location for residential development. Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation for denial of the application. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks & Freed Nays: Johnson & Stewart ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD07-03 GARY CANTRELL CO. INC./RIVER DANCE ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of Planned Development Overlay PD07-03 filed by Gary Cantrell Co. Inc./River Dance Addition requesting a planned development overlay including but not limited to setbacks, building coverage, impervious area and buffer area. The subject property is located at 3735 Ira E. Woods Avenue. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial of the application. The motion prevailed by the following vote: 12 05/17/07 Ayes: Tate, Ware, Spencer, Wilbanks & Freed Nays: Johnson & Stewart ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-29, BLOCK 1, LOTS 1 AND 2 BLOCK 2 AND TRACTS A, B, C, D AND E, RIVER DANCE ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of the Statement of Findings and the final plat of Lots 1-29, Block 1, Lots 1 and 2, Block 2 and Tracts A, B, C, D and E, River Dance Addition. The subject property is located at 3735 Ira E. Woods Avenue. Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation for denial of the Statement of Findings and the final plat of Lots 1-29, Block 1, Lots 1 and 2, Block 2 and Tracts A, B, C, D, and E, River Dance Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks & Freed Nays: Johnson & Stewart ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z07-04 FIRST NATIONAL BANK Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for denial of Zoning Application Z07-04 filed by First National Bank requesting rezoning of approximately 0.233 acres located at 1121 Airline Drive from "R-7.5" Single Family District Regulations to "PO" Professional Office District Regulations. Mayor Pro Tem Ware, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial of the application. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson & Stewart Nays: None Abstain: Freed ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATIOIN Z07-05 KELLY-LARSON SALES LP/LARSON ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for denial of Zoning Application Z07-05 filed by Kelly -Larson Sales LP/Larson Addition requesting rezoning of approximately 0.24 acres located at 511 North Main from "R -MF -1 Multifamily District Regulations to "PO" Professional Office District Regulations. 13 05/17/07 Council Member Spencer, seconded by Council Member Johnson, offered a motion to table the application until Staff can review the zoning and history of the area. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z07-06 SCOTT NORTON Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z07-06 filed by Scott Norton granting rezoning of approximately 0. 173 acres located at 706 East Wall Street from "R -MF -2" Multifamily District Regulations to "R- 5.0" Zero Lot Line District Regulations. Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the first reading of the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z07-07 CITY OF GRAPEVINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z07-07 filed by the City of Grapevine granting rezoning of property west of Barton Street, north of Hudgins Street, east of Ball Street and south of Wall Street from "R-TH" Townhouse District Regulations, "R-3.75" Three and Four Family District Regulations and "CBD" Central Business District to "R-7.5" Single Family District Regulations and "GU" Governmental Use District. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Tate ORDINANCE NO. 2007-25 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z07-07 ON SEVERAL 05/17/07 TRACTS OF LAND OUT OF THE W. DOOLEY SURVEY, ABSTRACT NO. 422 AND THE A. FOSTER SURVEY, ABSTRACT NO. 518, DESCRIBED AS BEING TRACTS OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-TH" TOWNHOUSE DISTRICT REGULATIONS, "R-3.75" THREE- AND FOUR -FAMILY DISTRICT REGULATIONS AND "CBD" CENTRAL BUSINESS DISTRICT TO "R-7.5" SINGLE-FAMILY DISTRICT REGULATIONS AND "GU" GOVERNMENTAL USE DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION MASTER PLAN MP07-01 MAP 2 AMENDMENTS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Master Plan MP07-01 amendments to Map 2 of the City's Future Land Use Plan for property west of Barton Street, north of Hudgins Street, east of Ball Street and south of Wall Street to low density residential. Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting amendments to Map 2 of the City's Future Land Use Plan. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2007-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 87-11 WHICH ADOPTED THE COMPREHENSIVE MASTER PLAN 1974-1994 UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS ADOPTING AN AMENDMENT TO MAP 2 LAND USE 15 05/17/07 PLAN OF THE COMPREHENSIVE MASTER PLAN UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING A SEVERABLITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION AMENDMENTS GRAPEVINE CODE OF ORDINANCES APPENDIX D THE COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED SECTION 12 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions relative to lot and rear yard depths. Council Member Johnson, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance amending Section 12 of the Grapevine Code of Ordinances. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2007-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 12 DEFINITIONS; 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 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, BARDIN ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Bardin Addition. The 2.3196 acre property is located on W. T. Parr Road north of O'Dell Court and is being platted for an existing home. 16 05/17/07 Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Bardin Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, GRAPEVINE OFFICE PROPERTY ONE ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Grapevine Office Property One Addition. The 1.72 acre property is located on the southeast corner of Hanover Drive and Municipal Way and is being platted for professional office development. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Grapevine Office Property One Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None WIP214111011 Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 10:22 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of June, 2007. William D. Tate Mayor 17 ATTEST: Linda Huff City Secretary in 05/17/07 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session on this the 21st day of May, 2007 at 5:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member constituting a quorum, with Council Members Sharron Spencer and Darlene Freed absent, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager Doug Connor Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 5:00 p.m. ITEM 1. CANVASS 2007 CITY OFFICER ELECTION Mayor Tate conducted the canvass of the City Officer Election held on Saturday, May 12, 2007. City Secretary Linda Huff reported the city has a population of 48,744 and 26,546 registered voters with 2,537 voters (9.56%) casting votes for the following candidates: Council Place 3 Mark Born ............................................ 664 MikeLease ........................................... 666 Rob Undersander................................. 446 Traci D. Wilkinson ................................ 709 Council Place 4 Darlene Freed ...................................... 1,774 Warren Hummer .................................. 523 City Secretary Huff recommended approval of a resolution declaring Darlene Freed re- elected to Council Place 4 and calling a run-off election for Council Place 3 between Mike Lease and Traci D. Wilkinson as no one received a majority of the votes cast in that race. 05/21/07 Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to accept the results and adopt the resolution declaring the following official elected: Council Place 4 Darlene Freed and calling a run-off election for June 16, 2007 for Council Place 3. The motion prevailed by the following vote: Ayes: Tate, Ware, Johnson, Wilbanks, & Johnson Nays: None Absent: Spencer & Freed RESOLUTION NO. 2007-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DECLARING THE RESULTS OF THE 2007 CITY OFFICER ELECTION; CALLING A RUN-OFF ELECTION AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 5:04 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson & Stewart Nays: None Absent: Spencer & Freed PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of June, 2007. ATTEST: Linda Huff City Secretary VA William D. Tate Mayor