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HomeMy WebLinkAboutItem 08 - MinutesSTATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 17th day of May, 2005 at 6:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members 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 City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 6:39 p.m. ITEM 1. DISCUSS PUBLIC ART FUND Convention & Visitors Bureau Director P. W. McCallum presented the recommendation from the Public Art Fund Internal Review Committee relative to a proposed bronze statue featuring children skating at the intersection of Main Street and College Street. Mr. McCullum presented the possibility of a City -owned and operated foundry. Parks & Recreation Director Doug Evans discussed budgeting for maintenance of current public art statues. There was no action taken by the City Council. ADJOURNMENT Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to adjourn the workshop at 7:10 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 05/17/05 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of June, 2005. UVARNA Linda Huff City Secretary 0A, William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 17th day of May, 2005 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 Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager Mayor Tate called the meeting to order at 7:10 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) real property relative to (1) right of way acquisition on Glade Road and (2) park land in south Grapevine under Section 551.072, Texas Government Code; and (B) 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 Roger Nelson stated there was no action necessary relative to the closed session under Section 551.087, Texas Government Code. Regarding real property A(1) relative to right of way acquisition, City Manager Nelson requested approval of a taking resolution authorizing the necessary steps be taken for the 05/17/05 acquisition of right of way from the Sallee tract for the widening of Glade Road at the appraised value. Council Member Spencer, seconded by Council Member Stewart, offered a motion to adopt the resolution authorizing the acquisition of the right of way. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DETERMINING THE NECESSITY OF ACQUIRING FEE SIMPLE TITLE AND EASEMENTS UNDER, OVER AND ACROSS THE HEREINAFTER DESCRIBED LAND, AND AUTHORIZING ITS CONDEMNATION AND/OR APPROPRIATION TO BE USED IN CONNECTION WITH THE RECONSTRUCTION OF GLADE ROAD; AND PROVIDING AN EFFECTIVE DATE Regarding real property A(2) park land in south Grapevine, City Manager Nelson requested approval of the special warranty deed for approximately 30 acres of park land located south of Memorial Baptist Church on William D. Tate Avenue, approval of $12,000.00 for reimbursement for title work on the property and approval of a resolution naming the park, "Wall -Farrar Park", after former Mayor B. R. Wall and his grandson, W. D. Farrar. Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to adopt the resolution approving the special warranty deed, authorizing the reimbursement for the title work and approval of the resolution naming the park. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DESCRIBING THE LOCATION OF A CITY PARK PROPERTY; DETERMINING A NAME FOR SAID PARK AND PROVIDING AN EFFECTIVE DATE Parks & Recreation Director Doug Evans presented a plaque to the W. D. Farrar family in recognition of their donation to the City of the 29.6 acres of park land in south Grapevine that will be named the Wall — Farrar Park. He presented Ms. Billie Farrar with a replica of the park signage that will be placed in the park in honor of the Wall -Farrar family. Ms. Farrar addressed the Council stating that her children should be credited with the final 1 05/17/05 decision to donate the land to the City in memory of B. R. and Ida Wall who cherished the City of Grapevine. NOTE: City Council continued with the Regular City Council meeting in open session in the Council Chambers. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 8:35 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 7th day of June, 2005. ATTEST: Linda Huff City Secretary 3 William D. Tate Mayor 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 17th day of May, 2005 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 Tern 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 Chris Coy Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Paul Jennings Alternate Mark Lowery Alternate constituting a quorum, with Commissioners Herb Fry and Danette Murray absent, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:45 p.m. INVOCATION Commissioner Undersander delivered the Invocation. 05/17/05 ITEM 1. CANVASS ELECTION City Secretary Linda Huff reported the election was held on Saturday, May 7, 2005, with with 26,451 registered voters casting a total of 1,541 votes for the following candidates: Place 5 Ted R. Ware 996 Robert C. "Buck" Buchanan 536 Place 6 John Kutch 323 Roy Stewart 1104 Council Member Wilbanks, seconded by Council Member Freed, offered a motion to accept the results and adopt the resolution declaring the following officials elected: Place 5 Place 6 Ted R. Ware Roy Stewart The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2005-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DECLARING THE RESULTS OF THE 2005 CITY OFFICER ELECTION AND PROVIDING AN EFFECTIVE DATE ITEM 2. OATH OF OFFICE City Secretary Huff administered the Oath of Office to incumbents: Mr. Ted R. Ware, Council Member, Place 5 and Mr. Roy Stewart, Council Member, Place 6. ITEM 3. PUBLIC HEARING, ZONING APPLICATION Z05-03 WESTWOOD GROUP Mayor Tate declared the public hearing open. Planner Ron Stombaugh reported Zoning Application Z05-03 had been filed by the Westwood Group requesting rezoning of 4.66 acres located at 908, 917, 918 and 920 East Northwest Highway from "HC" Highway Commercial District, "Ll" Light Industrial District and "SP" Site Plan District to "CC" Community Commercial District Regulations. The applicant proposes to develop three retail structures comprised of 24,000 square feet, 13,341 square feet and 8,691 square feet. Mr. Mike Peterson requested favorable consideration of the application. 4 05/17/05 City Council questioned the exterior building elevations. Mr. Peterson advised the buildings would be developed along the lines of the site plan submitted which is similar to Town Square. The site plan presented depicted elevations would be older type buildings with square roof lines, tall buildings and off -set roof lines. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner St. John, seconded by Commissioner Lowrey, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, Jennings & Lowrey Nays: None Absent: Fry & Murray 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 4. PUBLIC HEARING CONDITIONAL USE APPLICATION CU05-18 LA BODEGA WINERY AT DFW AIRPORT Mayor Tate declared the public hearing open. Development Services Director reported Conditional Use Application CU05-18 had been filed by La Bodega Winery at DFW Airport requesting a conditional use permit for the possession, storage, retail sale and on- and off -premise consumption of alcoholic beverages (wine only) in conjunction with a winery and wine tasting room in the new International Terminal D at the airport. The property is located at 1000 International Parkway, Terminal D, Space D-SV105 and is zoned "GU" Governmental Use District. 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the conditional use application. Commissioner Coy, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, Jennings & Lowrey Nays: None Absent: Fry & Murray K, 05/17/05 Mayor Pro Tern Ware, 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 Note: Mayor Tate opened the public hearings on Items 5 — 9 all at one time as the cases relate to Terminal D at the Dallas/Fort Worth International Airport. He stated each case and stated that public comment could be made on any of the five cases. ITEM 5. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-19 MARCHE AT DFW AIRPORT Mayor Tate declared the public hearing open. Development Services Director Hardy reported Conditional Use Application CU05-15 had been filed by Marche at DFW Airport requesting a conditional use permit 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 1000 International Parkway, Terminal D, Space D-SVI 09 and is zoned "GU" Governmental Use District. 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the conditional use application. Commissioner St. John, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, Jennings & Lowery Nays: None Absent: Fry & Murray Council Member Stewart, 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 6. PUBLIC HEARING CONDITIONAL USE APPLICATION CU05-20 COOL RIVER AT DFW AIRPORT Mayor Tate declared the public hearing open. .19 05/17/05 Development Services Director Hardy advised Conditional Use Application CU05-20 had been filed by Cool River at DFW Airport requesting a conditional use permit 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 1000 International Parkway, Terminal D, Space NV101 and is zoned "GU" Governmental Use District. 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the conditional use application. Commissioner St. John, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, Jennnings & Lowrey Nays: None Absent: Fry & Murray Council Member Stewart, 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 7. PUBLIC HEARING CONDITONAL USE APPLICATION CU05-21 CANTINA LAREDO AT DFW AIRPORT Mayor Tate declared the public hearing open. Development Services Director reported Conditional Use Application CU05-21 had been filed by Cantina Laredo at DFW Airport requesting a conditional use permit 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 1000 International Parkway, Terminal D, Space NV202 and is zoned "GU" Governmental Use District. 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the conditional use application. Commissioner St. John, seconded by Commissioner Undersander, offered a motion to 5 05/17/05 close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, Jennings & Lowery Nays: None Absent: Fry & Murray Council Member Stewart, 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 8. PUBLIC HEARING CONDITIONAL USE APPLICATION CU05-22 CHAMPPS COWBOYS GRILL & BAR Mayor Tate declared the public hearing open. Development Services Director Hardy reported Conditional Use Application CU05-22 had been filed by Champps Cowboys Grill & Bar at DFW Airport requesting a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant. The property is located at 1000 International Parkway, Terminal D, Space NC103A and is zoned "GU" Governmental Use District. 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the conditional use application. Commissioner St. John, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, Jennings & Lowery Nays: None Absent: Fry & Murray Council Member Stewart, seconded by Council Member Undersander, 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 ADMIRAL'S CLUB AT DFW ..•. 0 05/17/05 Mayor Tate declared the public hearing open. Development Services Director reported Conditional Use Application CU05-23 had been filed by the Admiral's Club at DFW Airport requesting a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the Admiral's Club. The property is located at 1000 International Parkway, Terminal D, Level 5 and is zoned "GU" Governmental Use District. 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. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the conditional use application. Commissioner St. John, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, Jennings & Lowery Nays: None Absent: Fry & Murray Council Member Stewart, 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 10. PUBLIC HEARING CONDITIONAL USE APPLICATION CU05-25 AND FINAL PLAT OF LOT 1 BLOCK 1 PARK PLACE LEXUS ADDITION REPLAT OF THE AMENDED PLAT OF LOT 1R, BLOCK 1 LEXUS ADDITION AND A 4.9521 ACRE TRACT OF LAND Mayor Tate delcared the public hearing open. Development Services Director Hardy reported Park Place Lexus had filed Conditional Use Application CU05-25 and application for the final plat of Lot 1, Block 1, Park Place Lexus Addition being a replat of the Amended Plat of Lot 1 R, Block 1, Lexus Addition and a 4.9521 acre tract of land. The conditional use application requests to amend the site plan approved by Ordinance No. 2004-46 to increase the size of the automobile dealership for automobile inventory storage. The subject property is located at 901 State Highway 114 East and is zoned "PCD" Planned Commerce Development District. Mr. Gordon Meyer requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. 7 05/17/05 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Coy, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, Jennings & Lowery Nays: None Absent: Fry & Murray Council Member Wilbanks, 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 ITEM 11. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-28 LUCKY STRIKE Mayor Tate declared the public hearing open Planner Stambaugh reported Conditional Use Application CU05-28 had been filed by Lucky Strike requesting a conditional use permit to amend the site plan approved by Ordinance No. 2003-79 for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant and bowling center. The property is located at 3000 Grapevine Mills Parkway, Suite B -1A and is zoned "CC" Community Commercial District Regulations for a planned commercial center in excess of 1,000,000 square feet of gross leaseable space. Mr. Bob Caesar, representing Grapevine Mills Mall, requested favorable consideration of the application stating that it would be a 16 lane bowling center with hours from 11 a.m. to 2 a.m. 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 Undersander, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, Jennings & Lowery Nays: None Absent: Fry & Murray A 05/17/05 Council Member Stewart, 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 12. PUBLIC HEARING, FINAL PLAT OF LOTS 1 R, 2R, 3R AND 4R, BLOCK 1, GRAPEVINE SERVICE CENTER ADDITION REPLAT OF LOTS 1, 2. 3A, 5 AND 6, BLOCK 1, GRAPEVINE SERVICE CENTER ADDITION AND UNPLATTED TRACTS OF LAND Mayor Tate declared the public hearing open. Deputy Director of Public Works Stan Laster reported the City of Grapevine had filed the application for the final plat of Lots I R, 2R, 3R and 4R, Block 1, Grapevine Service Center Addition being a replat of Lots 1, 2, 3, 4, 5 and 6, Block 1, Grapevine Service Center Addition and unplatted tracts of land. The subject 45.62 acre property is located at 500, 501 and 602 Shady Brook Drive and is zoned "GU" Governmental Use District. Mr. Laster reported the site is being platted for expansion of the Grapevine Service Center. 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 Lowery, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, Jennings & Lowery Nays: None Absent: Fry & Murray Council Member Spencer, 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, Stewart & Freed Nays: None Abstain: Johnson ITEM 13. PUBLIC HEARING, FINAL PLAT OF LOTS 3R-1 AND 3R-2, BLOCK 29, ORIGINAL TOWN OF GRAPEVINE BEING A REPLAT OF THE EAST 30 FEET OF LOT 2 AND THE WEST 72 FEET OF LOT 3, BLOCK 29, ORIGINAL TOWN OF GRAPEVINE Mayor Tate declared the public hearing open. 4 05/17/05 Deputy Director of Public Works Laster reported Ms. Jo Ponder had filed the application for the final plat of Lots 3R-1 and 3R-2, Block 29, Original Town of Grapevine being a replat of the east 30 feet of Lot 2 and the west 72 feet of Lot 3, Block 29, Original Town of Grapevine. The subject 0.625 acre property is located at 327 East College Street and is zoned "R-7.5" Single Family Residential District. He stated the case had to be republished as the City did not properly notify the adjacent property owners in April. 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 Wilson, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, Jennings & Lowery Nays: None Absent: Fry & Murray Council Member Freed, seconded by Council Member Spencer, 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 Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 13A. CITIZENS COMMENTS, MR. ARAM AZADPOUR Mr. Aram Azadpour, 5314 Cambridge Court, addressed the City Council regarding two resolutions: a resolution in defense of the Bill of Rights to protect citizens against abuses of the Patriot Act and a resolution to provide wireless access to the internet for residents of Grapevine. Mr. Azadpour stated he would follow-up with a letter further explaining the benefits of the two resolutions. ITEM 14. ELECT MAYOR PRO TEM 2005-2006 Council Member Stewarat, seconded by Council Member Johnson, offered a motion to reappoint Mr. Ted R. Ware as the Mayor Pro Tern for 2005-2006. The motion prevailed by the following vote: im 05/17/05 Ayes: Tate, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Ware ITEM 15. CHANGE ORDER NO. I UNDERSIZED WATERLINE REPLACEMENT PROJECT Director of Public Works Matt Singleton requested approval of Change Order No. 1 to the Undersized Waterline Replacement Project in the amount of $183,441.00 with Gratex Construction. Additions to the original project are Easy Street, Terrace Street and Hill Street, the addition of 55 working days to address scope changes requested by the City and authorization for Staff to execute said change order. The total contract price including this change order is $920,621.00. Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to approve Change Order No. 1 as recommended. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 16. CHANGE ORDER NO. 2 CHURCH STREET AND DOOLEY STREET RECONSTRUCTION PROJECT Deputy Director of Public Works Stan Laster requested approval of Change Order No. 2 to the Church Street and Dooley Street Reconstruction Project in the amount of $122,579.33 and authorization for Staff to execute said change order. The items addressed in this change order were an increase in the roadway paving costs, minor modifications to the Water and Wastewater adjustments component of the contract, storm drainage modifications and miscellaneous expenses. Motion by Council Member Spencer, 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. RENEW CONTRACT, ALTERNATE MUNICIPAL COURT JUDGES Administrative Services Director Bill Gaither requested approval of the renewal of the contracts reappointing Judge Brad Bradley as First Alternate Municipal Court Judge and Judge Terry Leach as Second Alternate Municipal Court Judge. Motion by Council Member Wilbanks, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: 11 05/17/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 18. SET A PUBLIC HEARING FOR HISTORIC LANDMARK SUBDISTRICT Development Services Director H. T. Hardy requested approval of setting a public hearing for June 21, 2005 relative to a proposed Historic Landmark Subdistrict for 702 East Northwest Highway known as the historic Carl K. Simmons house and property. Motion by Council Member Freed, seconded by Council Member Spencer, to approve as recommended 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 19. Authorize Purchase of LED Backlit Signs Public Works Director recommended approval of the purchase of 25 LED backlit signs from Southern Manufacturing in the amount of $31,925.00. 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 20. Resolution, Authorize Purchase of Cisco Switches Assistant City Manager recommended approval of a resolution authorizing the purchase of two Cisco Switches for the IT Building from CDWG, Inc. in the amount of $15,390.00. 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 12 05/17/05 RESOLUTION NO. 2005-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE RATIFICATION OF STAFF PURCHASE OF TWO CISCO SWITCHES FOR INFORMATION TECHNOLOGY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 21. Consideration of Minutes City Secretary recommended approval of the minutes of the May 3, 2005 City Council meetings as published. 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 22. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z05-03 WESTWOOD GROUP Commissioner Oliver reported the Commission voted 7-0 for approval of Zoning Application Z05-03 filed by Westwood Group granting rezoning of approximately 4.66 acres located at 908, 917, 918 and 920 East Northwest Highway from "HC" Highway Commercial District, "LI" Light Industrial District and "SP" Site Plan District to "CC" Community Commercial District Regulations. Council Member Freed, seconded by Council Member 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, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-33 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 Z05-03 ON A TRACT OF LAND OUT OF THE A. F. LEONARD SURVEY, ABSTRACT NO. 946, DESCRIBED AS BEING A TRACT OF 13 05/17/05 ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "HC" HIGHWAY COMMERCIAL DISTRICT, "LI" LIGHT INDUSTRIAL DISTRICT AND "SP" SITE PLAN DISTRICT REGULATIONS TO "CC" COMMUNITY COMMERCIAL 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 CONDITIONAL USE APPLICATION CU05-18 LA BODEGA WINERY Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU05-18 filed by La Bodega Winery granting a conditional use permit for the possession, storage, retail sale and on- and off -premise consumption of alcoholic beverages (wine only) in conjunction with a winery located at 1000 International Parkway, Terminal D, Space D-SV105. Council Member Freed, seconded by Council Member Johnson, 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, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-34 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 CU05-18 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON- AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (WINE ONLY) IN CONJUNCTION WITH A WINERY ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE 14 05/17/05 NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS Yl 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 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-19 MARCHE Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU05-19 filed by Marche granting a conditional use permit for the possession, storage, retail sale and on -premise comsumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant located at 1000 International Parkway, Terminal D, space D-SV109. h.. Council Member Wilbanks, seconded by Mayor Pro Tem Ware, 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, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-35 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 CU05-19 TO ALLOW FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES), IN CONJUNCTION WITH A RESTAURANT 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 15 05/17/05 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 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-20 COOL RIVER Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU05-20 filed by Cool River granting a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant located at 1000 International Parkway, Terminal D, Space NV101. Council Member Johnson, seconded by Mayor Pro Tem Ware, 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, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-36 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 CU05-20 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT, 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 it 05/17/05 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 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-21 CANTINA LAREDO Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU05-21 filed by Cantina Laredo granting a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant located at 1000 International Parkway, Terminal D, Space NV202. 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, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-37 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 CU05-21 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT, 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 17 05/17/05 DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-22 CHAMPPS COWBOYS GRILL & BAR Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU05-22 filed by Champps Cowboys Grill & Bar granting a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the operation of a restaurant located at 1000 International Parkway, Terminal D, Space NC103A. Council Member Johnson, seconded by Council Member Spencer, 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, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-38 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 CU05-22 FOR THE POSSESSION, STORAGE, RETAIL SALE AN ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT, 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 05/17/05 ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-23 ADMIRAL'S CLUB Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU05-23 filed by the Admiral's Club granting a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with the Admiral's Club located at 1000 International Parkway, Terminal D, Level 5. Council Member Wilbanks, 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, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Abstain: Spencer ORDINANCE NO. 2005-39 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 CU05-23 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH THE ADMIRAL'S CLUB, 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 CONDITIONAL USE APPLICATION CU05-25 PARK PLACE LEXUS 19 05/17/05 Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU05-25 filed by Park Place Lexus granting a conditional use permit to amend the site plan approved by Ordinance No. 2004-46 to increase the size of the automobile dealership located at 901 State Highway 114 East. Council Member Freed, seconded by Mayor Pro Tem Ware, 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, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-40 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 CU05-25 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2004-46 FOR AN AUTOMOTIVE DEALERSHIP TO INCREASE THE SIZE OF THE DEALERSHIP, IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT 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 30. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, PARK PLACE LEXUS ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Park Place Lexus Addition, The 14.972 acre property is located at the northwest corner of State Highway 121 and Minter's Chapel K% 05/17/05 Road. The property is being platted for expansion of the Lexus automobile dealership. Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, Park Place Lexus Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-28 LUCKY STIRKE Chairman Oliver reported the Commission voted 7-0 for approval of Conditional Use Application CU05-28 filed by Lucky Strike with the condition that the stand alone bowling pin be removed from the side of the building. Approval grants a conditional use permit to amend the site plan approved by Ordinance No. 2003-79 for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant and bowling center located at 3000 Grapevine Mills Parkway, Suite B -1A. Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation with the condition as stated and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2005-41 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 CU05-28 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-79 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED DRINKS) IN CONJUNCTION WITH A RESTAURANT AND BOWLING CENTER, 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 iE 05/17/05 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 32. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1 R 2R 3R AND 4R BLOCK 1 GRAPEVINE SERVICE CENTER ADDITION Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 R, 2R, 3R and 4R, Block 1, Grapevine Service Center Addition. The 45.62 acre property is being platted for expansion of the Grapevine Service Center located at 500, 501 and 602 Shady Brook Drive. 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 final plat of Lots 1 R, 2R, 3R and 4R, Block 1, Grapevine Service Center Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson ITEM 33. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 3R-1 AND 3R-2 BLOCK 29 ORIGINAL TOWN OF GRAPEVINE Chairman Oliver reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 3R-1 and 3R-2, Block 29, Original Town of Grapevine. The 0.625 acre property is being platted for a single family residence and is located at 327 East College Street. Council Member Johnson, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 3R-1 and 3R-2, Block 29, Original Town of Grapevine. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None 22 05/17/05 ITIPIM110-401 Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 8:35 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 7th day of June, 2005. ATTEST: Linda Huff City Secretary 23 01.220106ATJ"l William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 24th day of May, 2005 at 6:30 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate Ted R. Ware Sharron Spencer C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Roger Nelson City Manager Bruno Rumbelow Assistant City Manager Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 6:40 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) Personnel relative to the resignation of City Manager pursuant to Section 551.074, Texas Government Code. Upon reconvening in open session in the Council Chambers, all members of the City Council were present. Mayor Tate asked if there was any action necessary relative to the closed session. Under Section 551.074, Texas Government Code, City Manager Roger Nelson recommended that the City Council name an interim City Manager to be effective June 17, 2005 at 5:01 p.m. Council Member Wilbanks reported the Council had met in closed session and discussed appointing Bruno Rumbelow as Acting City Manager effective with the resignation of City Manager Roger Nelson effective 5:00 p.m. June 17th. Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to name Bruno Rumbelow as Acting City Manager effective June 17, 2005 at 5:01 p.m. The motion prevailed by the following vote: 05/24/05 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Mr. Nelson commented that he was very pleased with the Council's action. He stated that he has a tremendous amount of faith and respect for Mr. Rumbelow and that he has served the City well for the last seven years as Assistant City Manager. Mr. Nelson commented that it is his belief that no finer person could be found to serve as the City Manager of Grapevine. Mr. Rumbelow stated that he and his family were honored, humbled and grateful to Grapevine for the opportunity to serve the community. /_I 9119111: Council Member Freed, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 8:07 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 7th day of June, 2005. ATTEST: Linda Huff City Secretary 2 William D. Tate Mayor