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HomeMy WebLinkAboutItem 11 - Minutes STATE OF TEXAS ITEM # I COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 18th day of November, 2008 at 6:45 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 C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member 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 CALL TO ORDER Mayor Tate called the workshop to order at 6:45 p.m. ITEM 1. DISCUSS, OAK GROVE BALLFIELD COMPLEX SCOREBOARDS Parks & Recreation Director Doug Evans briefed the City Council regarding the purchase and sponsorship of the scoreboards for the Oak Grove Ballfield Complex. There was no formal action taken by the City Council. ITEM 2. SALES TAX REPORT AND FINANCIAL UPDATE Administrative Services Director John McGrane reviewed the General Fund Monthly Sales Tax Receipts charts that will be provided to Council on a regular basis. He reviewed the Financial Update options that will be presented as needed, or requested, to include major funds data, CIP data, economic impact data, investments and hotel/motel data. There was no formal action taken by the City Council. ADJOURNMENT 11/18/08 Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:05 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of December, 2008. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 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 18th day of November, 2008 at 7:00 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 C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member 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 CALL TO ORDER Mayor Tate called the meeting to order at 7:06 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) pending litigation relative to Jason Loban v City of Grapevine, et el, Casse No. 236- 23345-8, 236th District Court, Tarrant County, Texas pursuant to Section 551.071, Texas Government Code; (B) consultation with the City Attorney to discuss proposed regulation of newsracks pursuant to Section 551.071(2), Texas Government Code' (C) 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 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow 11/18/08 stated there was no action necessary relative to pending litigation; consultation with City Attorney; or conference with City Manager and Staff under Sections 551.071, 551.071(2) or 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 10:15 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of December, 2008. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 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 18th day of November, 2008 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 Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the Planning &Zoning Commission: Herbert Fry Vice Chairman Betty "BJ" Wilson Member Monica Hotelling Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate constituting a quorum, with Chairman Larry Oliver, Commissioner Mark Lowery and Alternate Elaine Martin 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 CALL TO ORDER Mayor Tate called the meeting to order at 7:37 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Wilson delivered the Invocation and led the Pledge of Allegiance. ITEM 1. PUBLIC HEARING, ZONING APPLICATION Z08-05 MR. GEORGE KUKETZ 11/18/08 Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh reported that Mr. George Kuketz had requested withdrawal of Zoning Application Z08-05 that requested rezoning of 14,000 square feet from "R-5.0" Zero Lot Line District Regulations to "HC" Highway Commercial District. The subject property is located at 210 North Starnes Street. Commissioner Martin, seconded by Commissioner Wilson, offered a motion to accept the withdrawal of the case. The motion prevailed by the following vote: Ayes: Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Oliver & Lowery Council Member Freed, seconded by Council Member Coy, offered a motion to accept the withdrawal of the case. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 2. PUBLIC HEARING, ZONING APPLICATION Z08-07, PLANNED DEVELOPMENT OVERLAY PD08-03, FINAL PLAT OF LOTS 1-6, BLOCK 1A, TUSCAN RIDGE, REPLAT OF LOTS 5-A, 5-B, AND 6, BLOCK 7, W. C. LUCAS ADDITION Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z08-07, Planned Development Overlay PD08-03 and the final plat application for Lots 1-6, Block 1A, Tuscan Ridge being a replat of Lots 5-A, 5-B, and 6, Block 7, W. C. Lucas Addition. The applications were filed by Skinner Custom Homes for property located at 410 North Dove Road. Z08-07 requests rezoning of 1.42 acres from "R-7.5" Single Family District Regulations to "R-5.0" Zero Lot Line District Regulations and a planned development overlay to deviate from lot depth and setback requirements for the proposed six single family residential lots. Mr. Mike Wright requested favorable consideration of the applications. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Fechter, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: 2 11/18/08 Ayes: Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Oliver & Lowery Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z08-09 222 STARNES LP Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Zoning Application Z08-09 had been filed by 222 Starnes LP requesting rezoning of approximately 0.32 acres from"R- 5.0" Zero Lot Line District Regulations to "PO" Professional Office District Regulations for the development of a 17,000 square foot office building. The subject property is located at 222 North Starnes Street. Mr. Stombaugh reported the applicant requested to table the case to the December 16, 2008 meeting. Commissioner Martin, seconded by Commissioner Hotelling, offered a motion to table the public hearing to the December 16, 2008 meeting. The motion prevailed by the following vote: Ayes: Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Oliver & Lowery Mayor Pro Tern Wilbanks, seconded by Council Member Freed, offered a motion to table the public hearing to the December 16, 2008 meeting. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 4. PUBLIC HEARING, ZONING APPLICATION Z08-10, CONDITIONAL USE APPLICATION CU08-31, PLANNED DEVELOPMENT OVERLAY PD08-04, FINAL PLAT LOTS 1-3, BLOCK 1, WAGON WHEEL ADDITION, REPLAT OF LOT 1, BLOCK 1, CROSS CREEK RANCH ADDITION AND LOT 3, BLOCK 1, FARHAT BROTHERS WEST ADDITION AND AN UNPLATTED 9.891 ACRE TRACT Mayor Tate declared the public hearing open. 3 11/18/08 Planning & Development Manager Stombaugh reported that Dulce Development Group LLC and Farhat Brothers, Inc. had filed Zoning Application Z08-10, Conditional Use Application CU08-31, Planned Development Overlay PD08-04 and the final plat application of Lots 1-3, Block 1, Wagon Wheel Addition being a replat of Lot 1, Block 1, Cross Creek Ranch Addition and Lot 3, Block 1, Farhat Brothers West Addition and an unplatted 9.891 acre tract of land. The subject property is located at 3225 North Grapevine Mills Boulevard. Z08-10 requests rezoning of 10.159 acres from "PID" Planned Industrial Development District and 0.168 acres from "CC" Community Commercial District Regulations to "R-MF-2" Multifamily District Regulations. CU08-31 requests a conditional use permit for a three story, 291 unit multi-family complex with a planned development overlay to deviate from density, open space, setbacks, design requirements, landscaping and parking. Mr. Britton Church requested favorable consideration of the applications. He reviewed the variances requested and noted that they were needed to have a higher quality luxury product. Discussion ensued relative to entry points into the complex and adequate parking. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Szot, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Oliver & Lowery Council Member Wilbanks, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 5. PUBLIC HEARING, ZONING APPLICATION Z08-11, CONDITIONAL USE APPLICATION CU08-30, FINAL PLAT OF LOTS 1-3, BLOCK 1, RIVERWOODS, REPLAT OF LOT 5R, BLOCK 1, STATE HIGHWAY 26/POOL ROAD ADDITION Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Riverwoods had filed Zoning Application Z08-11, Conditional Use Application CU08-30 and the final plat application for Lots 1-3, Block 1, Riverwoods being a replat of Lot 5R, Block 1, State Highway 26/Pool Road Addition. The subject property is located at 3735 Ira E. Woods Avenue. Z08-11 4 11/18/08 requests rezoning of 12.10 acres from "CN" Neighborhood Commercial District Regulations to "PO" Professional Office District Regulations. CU08-30 requests a conditional use permit for an 87 bed personal care facility and a planned professional office center. There are three office buildings proposed: two, two-story structures of 10,000 square feet and 9,500 square feet respectively on the east side of the access drive and one,two-story structure of 18,000 square feet on the west side of the access drive. Mr. Christopher Fields and Ms. Brenda Bernardo requested favorable consideration of the applications. City Council and the Planning &Zoning Commission requested that the development have access to Pool Road on the east and expressed concern about the 25 foot right turn access on to Ira E. Woods Avenue. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Oliver & Lowery Council Member Stewart, seconded by Council Member Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 6. PUBLIC HEARING, ZONING APPLICATION Z08-12 MR. GEORGE KUKETZ Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised that Zoning Application Z08-12 had been filed by Mr. George Kuketz requesting rezoning of property located at 206, 210 and 216 North Starnes Street. The request is to rezone 0.321 acres from "HC" Highway Commercial District and 0.642 acres from"R-5.0"Zero Lot Line District Regulations to"PO" Professional Office District Regulations for development of a professional office center. Mr. George Kuketz requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. 5 11/18/08 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Martin, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Oliver & Lowery A citizen requested to speak regarding the application. Commissioner Fechter, seconded by Commissioner Hotelling, offered a motion to reopen the public hearing. The motion prevailed by the following vote: Ayes: Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Oliver & Lowery Ms. Karen Reinders, 222 North Starnes, expressed her opposition to the rezoning of the property and proposed commercial development. Commissioner Martin, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Oliver & Lowery Council Member Spencer, seconded by Mayor Pro Tern Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 7. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU08-28 ZIZIKI'S Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised that Conditional Use Application CU08-28 had been filed by Ziziki's requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-89 for the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a 4,346 square foot restaurant with seating for 166 patrons. There will be a patio for outside dining. The property is located at 1295 South Main Street and is zoned "PO" Professional Office District Regulations. 6 11/18/08 Mr. Bryan Klein requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate 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 two letters of support. Commissioner Szot, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Oliver & Lowery Council Member Coy, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 8. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU08-29 ,,,� GRAPEVINE TOWNE CENTER Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised that Conditional Use Application CU08-29 had been filed by Grapevine Towne Center requesting a conditional use permit to amend the site plan approved by Ordinance No. 2007-66 for a 25 foot landscape setback for all parcels adjacent to Ira E. Woods Avenue and William D. Tate Avenue. The subject property is located at 801 Ira E. Woods Avenue and is zoned "CC"Community Commercial District Regulations. Mr. Lawrence Cates requested favorable consideration of the application noting the master site plan is being revised to accommodate future development of the subject property. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Hotelling, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: 7 11/18/08 Ayes: Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Oliver & Lowery Mayor Pro Tem Wilbanks, seconded by Council Member Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 9. PUBLIC HEARING, PROPOSED AMENDMENTS GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 23 "LB" LIMITED BUSINESS DISTRICT, SECTION 24 "CN" NEIGHBORDHOOD COMMERCIAL DISTRICT REGULATIONS, SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS, SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT, SECTION 27 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS, SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT, SECTION 31 "LI" LIGHT INDUSTRIAL DISTRICT AND SECTION 40 "MXU" MIXED USE DISTRICT REGULATIONS Mayor Tate declared the public hearing open. Development Services Director Scott Williams reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 23 "LB" Limited Business District, Section 24 "CN" Neighborhood Commercial District Regulations, Section 25 "CC" Community Commercial District Regulations, Section 26 "HC" Highway Commercial District, Section 27 "PO" Professional Office District Regulations, Section 28 "CBD" Central Business District, Section 31 "LI" Light Industrial District and Section 40 "MXU" Mixed Use District Regulations relative to second hand goods and private, public and non-profit institutions. Mr. Williams noted the proposed amendment for very large resale operations exceeding a square footage to be determined would require a conditional use permit. He stated the other amendment would require that private and charter schools obtain a conditional use permit in all districts. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Szot, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Fry, Wilson, Hotelling, Fechter, Martin & Szot Nays: None Absent: Oliver & Lowery 8 11/18/08 Council Member Freed, seconded by Council Member Coy, offered a motion to close the , public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE Mayor Tate announced the Planning &Zoning Commission would recess to the Planning& Zoning Conference Room to consider published business. Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present. ITEM 9A. CITIZENS COMMENT, MS. JANET COLBY Ms. Janet Colby, 538 Dove Creek Circle, stated her concerns over the safety issue of vehicles parking on both sides of Autumn Drive near the entrance of the nursing home. ITEM 9B. CITIZENS COMMENT, MR. FRANK COLBY Mr. Frank Colby, 538 Dove Creek Circle, expressed his concerns over the safety issue of vehicles parking on both sides of Autumn Drive. ITEM 10. PUBLIC HEARING, PROPOSED AMENDMENT CHAPTER 20 STREETS, SIDEWALKS AND OTHER PUBLIC WAYS, NEWSRACKS Mayor Tate declared the public hearing open. Development Services Director Scott Williams reviewed the proposed amendments to Chapter 20 Streets, Sidewalks and Other Public Ways relative to regulating newsracks on public streets, sidewalks, alleys and City-owned property located within 100 feet of any property designated with a Historic Zoning Overlay District, Individual Landmark, the Grapevine Township District or property designated on the National Register of Historic Places. Council Member Spencer noted the Historic Downtown Grapevine Association had voted 33 to 6 supporting the removal of newsracks in the downtown historic district. She noted the City has invested money in the downtown district in grants for refurbishing of homes and businesses and the installation of a sprinkler system in the historic buildings. Council Member Spencer stated that she and Council Member Lease were willing to serve as liaisons between the property owners and newspapers to bring a resolution to the issue of newsracks in the downtown area. 9 11/18/08 Council Member Lease stated there were property owners from Franklin Street, Worth Street and Northwest Highway that were willing to allow bona fide newsracks on their private properties. Council Member Freed expressed concerns regarding the First Amendment and allowing people access to information. She commented that the newspapers should be given an opportunity to work with the City to develop a compromise for the newsracks on Main Street. It was noted there are sandwich boards, tables, clothes racks, etc. that impede the flow of pedestrian traffic on Main Street. Mayor Pro Tern Wilbanks stated Grapevine is a unique and one of a kind downtown historic district and that the City has protected the historic footprint. He noted the newsracks, as well as other things that help the merchants, are a visual clutter to the downtown sidewalks, but the newsracks are being singled out. He stated newspapers have been a part of the downtown area since before the 1900's. Mayor Tate invited guests present to speak regarding the proposed ordinance. The following spoke in favor of the proposed ordinance stating the newsracks contribute to downtown clutter, there are too many in various locations,they are not properly maintained and they urged the removal of the excessive newsracks, whether they are free or otherwise, from the historical footprint area of downtown Grapevine due to being an eyesore and safety hazard. Mr. Burl Gilliam, 3311 Marsh Lane Ms. Barbara Tipton, 826 Kings Canyon Mr. Chuck Bultmann, 334 South Main Street Ms. Debi Meek, 3401 Fox Run, Watauga, owner of Bermuda Gold Mr. James Humphrey, 105 South Main Street Ms. Johnnie Bryant, 120 South Main Street#20, Historic Downtown Grapevine Association Mr. Steve Jacob, representing the Fort Worth Star Telegram and the Grapevine Courier, stated his company's opposition to the proposed ordinance noting this would be the first time they had been banned from a downtown area. He requested the City Council reconsider the ordinance as it is very strict. Council Member Freed, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Council Member Stewart expressed his concern regarding more regulations, but stated the need for cleanliness in downtown Grapevine. 10 11/18/08 Council Member Coy stated that newsracks would not be prohibited, but regulated where they could be placed. He expressed his support for the Historic Downtown Grapevine Association and their support of the proposed ordinance. Council Member Freed and Mayor Pro Tern Wilbanks expressed their concerns that the proposed ordinance is too severe and that there could be another solution to the outright ban. Mayor Tate stated that the City has the ability to regulate itself and this will not impact the Freedom of the Press. During the months of discussion regarding regulation of newsracks, no one came forward to present any alternatives to the issue. Mayor Pro Tern Wilbanks stated that if the ordinance is passed, the Council removes the citizens' ability to obtain newspapers on Main Street. Council Member Lease stated there would be places on private property on Main Street that would enable citizens to have access to newspapers. Motion by Council Member Spencer, seconded by Council Member Lease,to approve the ordinance regulating newsracks prevailed by the following vote: Ayes: Tate, Spencer, Stewart, Lease & Coy Nays: Wilbanks & Freed 40111ilt. ORDINANCE NO. 2008-60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 20 OF THE GRAPEVINE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC WAYS, RELATIVE TO NEWSRACKS, PROVIDING AMENDMENTS TO SAME, PROVIDING A PURPOSE AND INTENT; DEFINING TERMS; PROHIBITING NEWSRACKS ON PUBLIC STREETS, SIDEWALKS, ALLEY'S AND OTHER PUBLIC RIGHTS OF WAY AND PROPERTY OWNED BY THE CITY OF GRAPEVINE WITHIN CERTAIN HISTORIC AREAS OF THE CITY; PROVIDING FOR THE REMOVAL OF NEWSRACKS FOR VIOLATIONS OF THIS ORDINANCE; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY NOT TO EXCEED $100; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ITEM 11. ENGINEERING SERVICES CONTRACT, SUPPLEMENTAL AGREEMENT NO. 1, EULESS GRAPEVINE ROAD/STONE MYERS PARKWAY RECONSTRUCTION PROJECT 11 11/18/08 Deputy Director of Public Works Stan Laster recommended approval of Supplemental Agreement No. 1 to the Engineering Services Contract with Turner, Collie & Braden, Incorporated for the design and construction phase of the Euless Grapevine Road/Stone Myers Parkway Reconstruction Project in an amount not to exceed $115,556. The roadway will provide an additional reliever route for traffic destined for Dallas/Fort Worth Airport when State Highway 360 and State Highway 121/State Highway 114 are heavily congested. Also, it will provide added capacity for the corridor when the State Highway 121/State Highway 114 project is under construction. Motion by Council Member Freed, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 12. ORDINANCE, ADJUSTING COMMON BOUNDARY LINE, CITIES OF GRAPEVINE AND SOUTHLAKE, NORTHWEST HIGHWAY AND STATE HIGHWAY INTERLOCAL AGREEMENT, CONSTRUCTION OF KIMBALL ROAD INTERLOCAL AGREEMENT, SANITARY SEWER SERVICE, SIMMONS FOREST AREA Public Works Director Matt Singleton recommended approval an (a) ordinance adjusting the common boundary line between the City of Grapevine and the City of Southlake in the vicinity of Northwest Highway and State Highway 114, (b) an interlocal agreement addressing the joint participation between the two cities for the construction of Kimball Road between State Highway 114 and Dove Road and (c) an interlocal agreement addressing the City of Grapevine providing sanitary sewer service to the Simmons Forest area of Southlake. The adjustment would clear up an erratic boundary line, eliminating potential confusion of emergency responders to the respective cities' limits. The boundary adjustment is comprised of a number of elements that benefit the two cities: sanitary sewer service in the area, both cities will participate in the construction of Kimball Road, water system emergency connection point between the two water systems and the Nolen Drive connection. Motion by Council Member Coy, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None CITY OF SOUTHLAKE ORDINANCE NO. 950 GRAPEVINE ORDINANCE NO. 2008-61 JOINT ORDINANCE AND BOUNDARY AGREEMENT 12 11/18/08 ITEM 13. RESOLUTION, SUPPORT GRANT APPLICATION, GRAPEVINE- SOUTHLAKE SOCCER ASSOCIATION, LIGHTS AT MEADOWMERE PARK FIELD #3 Parks & Recreation Director Doug Evans recommended approval of a resolution supporting a grant application from the Grapevine-Southlake Soccer Association for lights at Meadowmere Park Field #3. Motion by Council Member Freed, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2008-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, SUPPORTING A GRANT APPLICATION SUBMITTED BY THE GRAPEVINE- SOUTHLAKE SOCCER ASSOCIATION TO NORTH TEXAS SOCCER FOR LIGHTS FOR SOCCER FIELD #3 AT MEADOWMERE PARK AND PROVIDING AN EFFECTIVE DATE ITEM 14. RESOLUTION, AWARD CONTRACT, RESTROOM FACILITY Parks & Recreation Director Evans recommended approval of a resolution awarding a contract to CXT Precast Products in the total amount of$44,779.25 for a restroom facility next to the Oak Grove Ballfield Complex. Motion by Mayor Pro Tem Wilbanks, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2008-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS,TO AUTHORIZE THE PURCHASE OF A RESTROOM FACILITY FOR THE OAK GROVE BALLFIELD COMPLEX FROM CXT PRECAST PRODUCTS AND PROVIDING AN EFFECTIVE DATE 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 13 11/18/08 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 15. Annual Contract, Asphalt Road Surfacing Products, JLB Contracting, LP Public Works Director recommended approval of an annual contract with JLB Contracting, LP as a secondary source for Asphalt Road Surfacing Products through an existing interlocal agreement and contract with Tarrant County, Texas. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 16. Medical Supplies Annual Contract Fire Chief recommended approval of the award of the Medical Supplies Annual Contract to Moore Medical, LLC for the Fire Department. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 17. Renew City Facilities Roof Preventative Maintenance Annual Contract Public Works Director recommended approval of the renewal of City Facilities Roof Preventative Maintenance Annual Contract to Tremco, Inc. through an existing interlocal agreement with Cooperative Purchasing Network. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 18. Award Baseball Scoreboards Contract Parks & Recreation Director recommended approval of the award of the Baseball Scoreboards Contract to Olen Williams, Inc. in the amount of $80,190.00. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: 14 11/18/08 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 19. Purchase and Installation, Light Fixtures, Oak Grove Park Soccer Parking Lot and Restroom Facility Parks & Recreation Director recommended approval of the purchase and installation of light fixtures at the Oak Grove Park Soccer Parking Lot and Restroom Facility from NEMA 3 Electric, Inc. in the amount of $35,070.00. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 20. Convention & Visitors Bureau Board Appointment Council Member Spencer and Convention & Visitors Bureau Director recommended approval of the appointment of Mr. Andrew Davidson, General Manager of the Grand Hyatt DFW, to the Convention & Visitors Bureau Advisory Board for a six month term. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 21. Consideration of Minutes City Secretary recommended approval of the minutes of the November 4, 2008 City Council meetings as published. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z08-07 SKINNER CUSTOM HOMES Vice Chairman Herb Fry reported the Planning & Zoning Commission voted 6-0 for approval of Zoning Application Z08-07 filed by Skinner Custom Homes granting rezoning of 1.42 acres from "R-7.5" Single Family District Regulations to "R-5.0" Zero Lot Line District 15 11/18/08 Regulations for development of six single family lots on property located at 410 North Dove Road. Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-62 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 Z08-07 ON A TRACT OF LAND OUT OF THE T. MAHAN SURVEY, ABSTRACT NO. 1050, DESCRIBED AS BEING A TRACT 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-7.5" SINGLE FAMILY DISTRICT REGULATIONS TO "R-5.0" ZERO LOT LINE 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 23. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD08-03 SKINNER CUSTOM HOMES Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of Planned Development Overlay PD08-03 filed by Skinner Custom Homes granting a planned development overlay on property located at 410 North Dove Road to include but not be limited to deviation from the front yard setback and the depth of the lot. 16 11/18/08 Mayor Pro Tern Wilbanks, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-63 AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 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 PLANNED DEVELOPMENT OVERLAY PD08-03 TO INCLUDE BUT NOT BE LIMITED TO DEVIATION FROM LOT DEPTH AND FRONT YARD SETBACK REQUIREMENTS IN THE "R-5.0" ZERO LOT LINE DISTRICT REGULATIONS RELATIVE TO A SIX LOT RESIDENTIAL DEVELOPMENT 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 PLANNED DEVELOPMENT OVERLAY 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 24. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT TUSCAN RIDGE Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of Statement of Findings and the preliminary plat of Tuscan Ridge located at the southeast corner of Dove Road and Hilltop Drive. The subject 1.420 acre property is being platted to build six single family lots. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the 17 11/18/08 preliminary plat of Tuscan Ridge located at the southeast corner of Dove Road and Hilltop Drive. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-6, BLOCK 1A, TUSCAN RIDGE Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of the Statement of Findings and the final plat of Lots 1-6, Block 1A, Tuscan Ridge. The 1.420 acre property is being platted for the development of six single family lots. Council Member Freed, seconded by Mayor Pro Tem Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z08-09 222 STARNES LP There was no action taken on this item as the case was tabled during the public hearing to the December 16, 2008 meeting. ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATON Z08-10 DULCE DEVELOPMENT GROUP LLC Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of Zoning Application Z08-10 filed by Dulce Development Group LLC granting rezoning of 10.159 acres from "PID" Planned Industrial Development District and 0.168 acres from "CC" Community Commercial District Regulations to "R-MF-2" Multifamily District Regulations for property located at 3225 North Grapevine Mills Boulevard. Mayor Pro Tem Wilbanks, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: Coy ORDINANCE NO. 2008-64 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS 18 11/18/08 APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z08-10 ON A TRACT OF LAND OUT OF THE J. GIBSON SURVEY, ABSTRACT NO. 587, DESCRIBED AS BEING A TRACT 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 "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT AND "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO "R-MF-2" MULTIFAMILY 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 waik PROVIDING AN EFFECTIVE DATE ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-31 DULCE DEVELOPMENT GROUP LLC Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of Conditional Use Application CU08-31 filed by Dulce Development Group LLC requesting a conditional use permit for a three story multi-family complex on property located at 3225 North Grapevine Mills Boulevard. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: Coy ORDINANCE NO. 2008-65 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 19 11/18/08 KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU08-31 FOR A THREE-STORY MULTIFAMILY COMPLEX IN A DISTRICT ZONED "R-MF-2" MULTIFAMILY DISTRICT REGULATIONS 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 29. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT OVERLAY PD08-04 DULCE DEVELOPMENT GROUP LLC Vice Chairman Fry reported the Planning & Zoning Commission vote 6-0 for approval of Planned Development Overlay PD08-04 filed by Dulce Development Group LLC granting a planned development overlay on property located at 3225 North Grapevine Mills Boulevard to deviate from density, open space, setbacks, design requirements, landscaping and parking. Mayor Pro Tern Wilbanks, seconded by Council Member Freed,offered a motion to accept the Commission's recommendation and approve the ordinance granting the planned development overlay. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: Coy ORDINANCE NO. 2008-66 AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 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 PLANNED DEVELOPMENT OVERLAY PD08-04 TO INCLUDE BUT NOT 20 11/18/08 BE LIMITED TO DEVIATION FROM THE DENSITY REQUIREMENT, OPEN SPACE, PARKING, FRONT AND SIDE YARD SETBACK, AND BUILDING LENGTH IN THE"R- MF-2" MULTIFAMILY DISTRICT REGULATIONS FOR A THREE STORY, MULTIFAMILY DEVELOPMENT 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 PLANNED DEVELOPMENT OVERLAY 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 30. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT WAGON WHEEL ADDITION Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of the Statement of Findings and the preliminary plat of the Wagon Wheel Addition located at 3225 North Grapevine Mills Boulevard. The 12.318 acre property is being platted for development of an apartment complex on Lot 1. Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of the Wagon Wheel Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: Coy ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-3, BLOCK 1, WAGON WHEEL ADDITION Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of the Statement of Findings and the final plat of Lots 1-3, Block 1, Wagon Wheel Addition located at 3225 North Grapevine Mills Boulevard. The 12.318 acre property is being platted for development of an apartment complex on Lot 1. Council Member Stewart, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final 21 11/18/08 plat of Lots 1-3, Block 1, Wagon Wheel Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed & Lease Nays: Coy ITEM 32. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z08-11 RIVERWOODS Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of Zoning Application Z08-11 filed by Riverwoods granting rezoning of 12.10 acres from "CN" Neighborhood Commercial District Regulations to "PO" Professional Office District Regulations. The subject property is located at 3735 Ira E. Woods Avenue. Council Member Spencer, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-67 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 Z08-11 ON A TRACT OF LAND OUT OF THE J. N. GIBSON SURVEY, ABSTRACT NO. 591, DESCRIBED AS BEING A TRACT 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 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS TO "PO" PROFESSIONAL OFFICE 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 22 11/18/08 OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 33. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-30 RIVERWOODS Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of Conditional Use Application CU08-30 filed by Riverwoods with the condition that the right turn only lane onto Ira E. Woods Avenue be reduced to a minimum approved by the Fire Marshall and TxDOT and that an additional cross access shall be provided onto Lot 4R1A1, Block 1, SH26/Pool Road Addition. Approval would approve development for a personal care facility and a planned profession office center on property located at 3735 Ira E. Woods Avenue. Council Member Spencer, seconded by Mayor Pro Tern Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance with the conditions as stated by the Commission. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-68 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 CU08-30 FOR DEVELOPMENT OF A PERSONAL CARE FACILITY AND DESIGNATION AS A PLANNED OFFICE CENTER IN A DISTRICT ZONED"PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS 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 23 11/18/08 ITEM 34. PLANNING & ZONING COMMISSION RECOMMENDATION PRELIMINARY PLAT LOTS 1-3, BLOCK 1, RIVERWOODS Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of the Statement of Findings and the preliminary plat of Lots 1-3, Block 1, Riverwoods. The 12.101 acre property is being platted for a personal care facility and professional office center. The subject property is located on the southwest corner of State Highway 26 and Pool Road. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Lots 1-3, Block 1, Riverwoods. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 35. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1-3, BLOCK 1, RIVERWOODS Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of the Statement of Findings and the final plat of Lots 1-3, Block 1, Riverwoods. The 12.101 acre property is being platted for a personal care facility and professional office center. The subject property is located on the southwest corner of State Highway 26 and Pool Road. Council Member Spencer, seconded by Mayor Pro Tem Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1-3, Block 1, Riverwoods. The 12.101 acre property is being platted for a personal care facility and professional office center. The subject property is located on the southwest corner of State Highway 26 and Pool Road. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 36. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATON Z08-12 MR. GEORGE KUKETZ Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of Zoning Application Z08-12 filed by Mr. George Kuketz granting rezoning of 0.321 acres from "HC" Highway Commercial District and 0.642 acres from "R-5.0"Zero Lot Line District Regulations to "PO" Professional Office District Regulations for development of a professional office center. The subject property is located at 206, 210 and 216 North Starnes Street. 24 11/18/08 Council Member Coy, 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: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-69 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 Z08-12 ON A TRACT OF LAND OUT OF THE A.F. LEONARD SURVEY, ABSTRACT NO. 946, DESCRIBED AS BEING A TRACT 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-5.0" ZERO LOT LINE DISTRICT REGULATIONS AND "HC" HIGHWAY COMMERCIAL DISTRICT TO "PO" PROFESSIONAL OFFICE DISTRICT Amok 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 37. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-28 ZIZIKI'S Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of Conditional Use Application CU08-28 filed by Ziziki's granting a conditional use permit to amend the site plan approved by Ordinance No. 2006-89 for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The property is located at 1295 South Main Street and is zoned "PO" Professional Office District Regulations. 25 11/18/08 Council Member Stewart, seconded by Mayor Pro Tern Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-70 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 CU08-28 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-89 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT, IN A DISTRICT ZONED "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS 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 38. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-29 GRAPEVINE TOWNE CENTER Vice Chairman reported the Planning & Zoning Commission voted 6-0 for approval of Conditional Use Application CU08-29 filed by Grapevine Towne Center granting a conditional use permit to amend the site plan approved by Ordinance No. 2007-66 for a 25 foot landscape setback for all parcels adjacent to Ira E. Woods Avenue and William D. Tate Avenue. The subject property is located at 801 Ira E. Woods Avenue and is zoned "CC" Community Commercial District Regulations. 26 11/18/08 Council Member Freed, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-71 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 CU08-29 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2007-66 FOR A 25 FOOT LANDSCAPE SETBACK FOR ALL DEVELOPMENT PARCELS ADJACENT TO IRA E. WOODS AVENUE AND WILLIAM D. TATE AVENUE, IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS 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 39. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, SECTION 23 "LB" LIMITED BUSINESS DISTRICT, SECTION 24 "CN" NEIGHBORDHOOD COMMERCIAL DISTRICT REGULATIONS, SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS, SECTION 26"HC" HIGHWAY COMMERCIAL DISTRICT, SECTION 27"PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS, SECTION 28"CBD" CENTRAL BUSINESS DISTRICT, SECTION 31 "LI" LIGHT INDUSTRIAL DISTRICT AND SECTION 40 "MXU" MIXED USE DISTRICT REGULATIONS 27 11/18/08 Vice Chairman Fry reported the Planning & Zoning Commission voted 6-0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 23 "LB" Limited Business District, Section 24 "CN" Neighborhood Commercial District Regulations, Section 25 "CC" Community Commercial District Regulations, Section 26 "HC" Highway Commercial District, Section 27 "PO" Professional Office District Regulations, Section 28 "CBD"Central Business District, Section 31 "LI" Light Industrial District and Section 40 "MXU" Mixed Use District Regulations relative to second hand goods stores not to exceed 3,000 square feet and private, public and non-profit institutions. Council Member Freed, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the ordinance granting the amendments to Appendix D. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-72 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 24 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULA- TIONS, SECTION 25 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS, SECTION 26 "HC" HIGHWAY COMMERCIAL DISTRICT, SECTION 27 "PO" PRO- FESSIONAL OFFICE DISTRICT REGULATIONS, SECTION 28 "CBD" CENTRAL BUSINESS DISTRICT, SECTION 31 "LI" LIGHT INDUSTRIAL DISTRICT AND SECTION 40 "MXU" MIXED USE DISTRICT REGULATIONS RELATIVE TO SECOND HAND GOODS AND PRIVATE, PUBLIC AND NON- PROFIT INSTITUTIONS 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 ADJOURNMENT Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 10:15 p.m. The motion prevailed by the following vote: 28 11/18/08 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of December, 2008. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary ,, 29