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HomeMy WebLinkAboutItem 09 - Minutes1? ITEM • .�OWN—Mumb 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 18th day of June, 2002 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 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 Melisa Leal Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:07 p.m. ITEM 1. EXECUTIVE SESSION Mayor Tate announced the City Council would conduct a closed session regarding: (A) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, 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 as a result of the Executive Session. 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 Spencer, offered a motion to adjourn the meeting at 9:40 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 2nd day of July, 2002. ATTEST: Linda Huff City Secretary K 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 18th day of June, 2002 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 Herbert Fry Vice Chairman Chris Coy Member Kevin Busbee Member Danette Murray Member Betty Nicholson Member Rob Undersander Member Bill Bimmerman, Jr. Alternate constituting a quorum, with Commissioner Michael Crapp absent, with the following members of the City Staff: Roger Nelson Bruno Rumbelow John F. Boyle, Jr. Linda Huff Melisa Leal Jennifer Hibbs City Manager Assistant City Manager City Attorney City Secretary Assistant to the City Manager Assistant to the City Manager CALL TO ORDER Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION Commissioner Murray delivered the Invocation. 06/18/02 ITEM 1. PRESENTAT_ ION, KIDS WHO CARE CAMP GRAPEVINE Ms. Rachel Hull, Director of Kids Who Care Camp, and 30 of the "kids" expressed their appreciation in song for their partnership with the Palace Theatre and the Parks & Recreation Department. The group has been conducting a two-week theatre camp at the Palace Theatre and invited the City Council to their performance. ITEM 2. PUBLIC HEARING HISTORIC LANDMARK SUBDISTRICT APPLICATION HL01-06 JOHN A. BERRY HOUSE Mayor Tate declared the public hearing open. Planner Michael Hampton advised Historic Landmark Subdistrict Application HL01-06 had been filed by the Grapevine Township Revitalization Project, Inc. requesting a Historic Landmark Subdistrict designation for the John A. Berry House located at 306 Austin Street. The property is zoned "R-7.5" Single Family District Regulations and is owned by Ms. Joann L. Pearson. Mr. Hugo Gardea 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 there was no correspondence to report. Commissioner Busbee, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 3. PUBLIC HEARING CONDITIONAL USE APPLICATION CU02-12 GLADE CORNERS RETIREMENT CENTER Mayor Tate declared the public hearing open. Planner Hampton advised Conditional Use Application CU02-12 had been filed by Glade Corners Retirement Center requesting an amendment to the site plan approved by Ordinance No. 2000-60 to phase the installation of landscaping and fencing so that some of the Phase One landscaping and fencing would be installed during the Phase Two. The K 06/18/02 subject property is located at 400 Glade Road and is zoned "CN" Neighborhood Commercial District Regulations. Mr. Lew Anderton requested favorable consideration of the application. Discussion ensued regarding the request to modify the landscaping around the entrances of the buildings during the Phase One development and to plant the remainder of the landscaping within six weeks of the issuance of the certificate of occupancy for the Phase One buildings. It was noted that Phase Two development will include the installation of the perimeter fence that was approved by the Site Plan Review Committee in May, 2002. 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 Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Freed, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 4. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU02-21 SEGA GAMEWORKS Mayor Tate declared the public hearing open. Planner Hampton advised Conditional Use Application CU02-21 had been filed by Sega Gameworks requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-17 to expand the consumption area for alcoholic beverages (beer, wine and mixed beverages) to include the entire premise of Sega Gameworks. The subject property is located at 3000 Grapevine Mills Parkway #525 and is zoned "CC" Community Commercial District Regulations with a planned commercial center in excess of 1,000,000 square feet of gross leasable space. Mr. Robert Levine requested favorable consideration of the application. Discussion ensued regarding the applicant's proposal to close Gameworks to anyone under 21 of years of age after 9 p.m. or when Grapevine Mills Mall closes. Concern was expressed that young people would be excluded from the facility before the Mall closed for the evening. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. 3 1• 1 Commissioner Nicholson, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 5. PUBLIC HEARING CONDITIONAL USE APPLICATION CU02-23 CORTE' ENTERPRISES Mayor Tate declared the public hearing open. Planner Hampton advised Conditional Use Application CU02-23 had been filed by Corte' Enterprises requesting a conditional use permit to amend the site plan approved by Ordinance No. 2002-37 for a 22,821 square foot restaurant with dancing and the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages). The subject property is located at 3000 Grapevine Mills Parkway #117 and is zoned "CC" Community Commercial District Regulations with a planned commercial center in excess of 1,000,000 square feet of gross leasable space. The proposal focuses on dining and live music with ballroom dancing. Mr. Joe Way 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 there was no correspondence to report. Commissioner Busbee, seconded by Commissioner Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Mayor Pro Tem 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 0 06/18/02 ITEM 6. PUBLIC HEARING, FINAL PLAT LOTS 1 R, 2R AND 3, BLOCK 2, DELANEY VINEYARDS PHASE 11 Mayor Tate declared the public hearing open. Assistant Director of Public Works/Engineering Stan Laster reported Mr. Jerry R. Delaney filed the application for the final plat of Lots 1 R, 2R and 3, Block 2, Delaney Vineyards Phase 11 being a replat of Lots 1 and 2, Block 2, Delaney Vineyards, Phase 11. The subject 12.781 acre property is zoned "PO" Professional Office District Regulations and is located on Merlot Avenue between Hughes Road and Champagne Boulevard. The property is being platted for three commercial lots. Mr. Phil Morley 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 there was no correspondence to report. Commissioner Murray, seconded by Commissioner Coy, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None 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, FINAL PLAT LOT 1, BLOCK 1, MUSTANG APARTMENTS Mayor Tate declared the public hearing open. Assistant Director of Public Works/Engineering Stan Laster reported Mr. Phil Salyer had filed the application for the final plat of Lot 1, Block 1, Mustang Apartments Addition being a replat of Shady Oaks Estates, Block A. The subject 7.542 acre property is zoned "R -MF - 1" Multifamily District Regulations and is located on the south side of Mustang Drive, east of Timberline Road. The site is being platted for development of an apartment complex. Mr. Mike Davis requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. 1• : i Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Nicholson, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Busbee, Murray, Nicholson & Undersander Nays: None Council Member Stewart, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & 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 8. PUBLIC HEARING, TXU GAS DISTRIBUTION RATES ORDINANCE DENYING RATE CHANGE REQUEST Mayor Tate declared the public hearing open. Assistant to the City Manager Melisa Leal advised that in March, TXU Gas Distribution filed a request to increase rates effective April 5, 2002. The City passed a resolution suspending the effective date for 90 days and authorized participation with other Cities in a review of the reasonableness of the company's request. The Coalition of Cities reviewing TXU's request hired legal counsel, Geoffrey Gay (Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend) and Diversified Utilities, rate consultants (DUCT). The consultant's report, which was finalized in late May, included recommendations against the rate increase and provided for a slight reduction in rates. The consultants are attempting to negotiate a compromise rate adjustment with TXU—as we have done in the past filings. Approval of the ordinance will enable the City of Grapevine to comply with the suspension deadline while awaiting additional information from the consultants. Council Member Wilbanks stated the Utilities Committee concurred with Staff's recommendation for approval of the ordinance and offered a motion to close the public hearing. The motion was seconded by Council Member Stewart and prevailed by the following vote: 0 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Wilbanks, seconded by Mayor Pro Tem Ware, offered a motion to adopt the ordinance denying the request to change rates in the North Texas Distribution System. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DENYING TXU GAS DISTRIBUTION'S REQUEST TO CHANGE RATES IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM; REQUIRING PROMPT REIMBURSEMENT OF CITIES' RATE CASE EXPENSES, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE ITEM 9. BOARDS AND COMMISSIONS CITIZEN APPOINTMENTS Each year at this time, the City Council reviews and considers citizen appointments to the various boards/commissions. Notifications of vacancies on the boards/commissions were published in the Fort Worth Star Telegram, Dallas Morning News, and The Grapevine Sun. Applications and attendance records for 2001-2002 were compiled and distributed to the City Council and Staff. Applicant interviews were conducted by City Council panels during June. Council Member Spencer, seconded by Mayor Pro Tern Ware, offered a motion for the following reappointments: Joe Lipscomb Art Gordon Russell Kidd The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Spencer, seconded by Council Member Freed, offered a motion for the following reappointments: N 110 Board of Zoning Adjustments gq Carl Hecht Dennis Luers Kip Bruner James Kelso The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion for the following reappointments: Convention & Visitors Bureau Don Bigbie (reappoint as Chairman) Philip Cloud Bill Brink (from alternate to full member) Vacant alternate position to be appointed at a later date The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Wilbanks, seconded by Council Member Johnson, offered a motion for the following appointments: Golf Advisory Board Bill Powers, Place 1 Leon Baze, Pace 2 Mike Pearce, Place 5 Jim Wilson, Place 6 Place 9 to be appointed at a later date The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Johnson, seconded by Council Member Stewart, offered a motion for the following reappointments: N 06/18/02 Grapevine Heritaae Foundation Melva Stanfield Dr. Curtis Ratliff LuAnn Chapman Gatts Jerry Pittman P. W. McCallum The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Stewart, seconded by Council Member Johnson, offered a motion for the following appointment: Health Officer Dr. Andrew Kilgus The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Mayor Pro Tern Ware, seconded by Council Member Freed, offered a motion for the following reappointments: Historic Preservation Commission Annette Campbell Kyle Keahey Burl Gilliam Kathrine Brink The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Spencer, seconded by Council Member Wilbanks, offered a motion for the following appointments: X, 06/18/02 Grapevine Housing Authority Advisory Board Reverend L. E. Holmes Cathy Martin The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Spencer, seconded by Mayor Pro Tern Ware, offered a motion for the following appointments: Library Advisory Board Francs Kay Smith Susan Peabody Bruce Rider Mary McCullough The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Johnson, seconded by Council Member Freed, offered a motion for the following appointments: Parks & Recreation Advisory Board Ray Harris, Place 2 (one year term) John Dalri, Place 4 (one year term) Margie Mitchell, Place 6 Stan Hinson, Place 8 David Benedetto, Place 9 The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Stewart, seconded by Council Member Spencer, offered a motion for the following appointments: ffel 06/18/02 Plannina & Zonina Commission Larry Oliver Chris Coy Michael Crapp, Alternate (one-year term) Becky St. John, Alternate (one-year term) The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Council Member Johnson, seconded by Council Member Freed, offered a motion for the following appointments: Senior Citizens Advisory Board Dr. Edith Pewitt Bruce Walters The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Mayor Tate reappointed Melva Stanfield as Chairperson of the Grapevine Heritage Foundation. Mayor Tate made the following Council Liaison appointments for 2002-2003: Ted R. Ware Senior Citizens Advisory Board (2002) Historic Preservation Commission (1995) Facilities Committee (1995) Utility Committee (1989) Tax Increment Finance District Boards — One and Two Impact Fee Committee (Ex -Officio) (1988) Northwest Highway Communication Committee Sharron Spencer Board of Zoning Adjustments (2001) Building Board of Appeals (2001) Housing Authority Advisory Board (1998) Library Board (1998) Facilities Committee (1985) 1 st Alternate Planning & Zoning Commission (2001) 11 06/18/02 Shane Wilbanks Parks & Recreation Advisory Board (2002) t,t Open Space Review Committee (1998) U. S. Army Corps of Engineer Liaison (1995) Tax Increment Finance District Boards — One and Two Utility Committee (1998) 1 st Alternate Golf Course Advisory Board (2002) Roy Stewart Planning & Zoning Commission (2001) Audit Committee (1998) Facilities Committee (1996) Impact Fee Committee (Ex -Officio) (1996) Citizens Drainage Review Committee (1990) Tax Increment Finance District Boards — One and Two 1 st Alternate Board of Zoning Adjustment (2001) 1 st Alternate Building Board of Appeals (2001) Clydene Johnson Golf Course Advisory Board (2002) Heritage Foundation Advisory Board (1998) Northwest Highway Communication Committee (1998) Tax Increment Finance District Boards — One and Two 1 st Alternate Senior Citizens Advisory Board (2002) 1 st Alternate Parks & Recreation Advisory Board (2002) Darlene Freed Convention & Visitors Bureau Board (1998) Teen Court Advisory Board (1998) Audit Committee (1998) Grapevine/Colleyville Independent School Board Liaison (1998) DFW Airport Board Liaison (2001) ITEM 10. ORDINANCE, AT&T BROADBAND FRANCHISE TRANSFER OF CONTROL TO AT&T COMCAST CORPORATION Assistant to the City Manager Melisa Leal requested approval of an ordinance to accept the change of control for the exiting franchise with TCI Cablevision of Illinois, Inc., an affiliate of AT&T Corporation, to the parent company of AT&T Comcast Corporation. In conjunction with a group of other cities, C2 Consulting Services was retained to review the merger documents for potential 'transfer' issues as well as to review the respective cities' franchises with regard to customer service and revenue related issues. The proposed ordinance includes language in the acceptance of the transfer that, according to the City Attorney, can protect the cities' audit rights and franchise fee revenue in the transfer document. Ms. Leal advised the proposed ordinance had been revised by the addition of a new Section 6 addressing the audit and franchise fee revenue. She stated the Utilities Committee has been briefed on the process. Council Member Wilbanks stated the Utilities Committee concurred with the Staffs recommendation to adopt the ordinance. 12 06/18/02 Council Member Spencer, seconded by Council Member Stewart, offered a motion to adopt the ordinance with the inclusion of the new Section 6. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-42 AN ORDINANCE OF THE CITY OF GRAPEVINE PROVIDING CONDITIONAL APPROVAL OF CONSENT TO CHANGE OF CONTROL OF THE CABLE FRANCHISE, PROVIDING A SEVERABILITY CLAUSE, 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 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 11 Resolution Participation in Steering Committee of Cities Served by TXU Gas Staff recommended approval of a resolution authorizing participation in the Steering Committee of Cities for intervention in TXU Lone Star Pipeline rate filing at the Railroad Commission (Gas Utilities Docket Form 9304). Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING INTERVENTION IN GAS UTILITIES DOCKET 9304 AT THE RAILROAD COMMISION; AUTHORIZING PARTICIPATION IN A STEERING COMMITTEE WITH OTHER CITIES SERVED BY TXU AND REQUIRING REIMBURSEMENT FROM TXU LONE STAR PIPELINE OF CITIES REASONABLE RATE CASE EXPENSES AND PROVIDING AN EFFECTIVE DATE 13 06/18/02 Item 12. Ordinance, Establish Maximum Installation and Equipment Rates AT&T 011Broadband Cable (Form 1205) Staff recommended approval of an ordinance accepting the proposed operator selected rates in FCC Form 1205 and provides for specific exceptions to the proposed rates charged by AT&T Broadband Cable. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ESTABLISHING THE MAXIMUM PERMITTED RATE FOR THE INSTALLATION AND EQUIPMENT RATES CHARGED BY AT&T BROADBAND, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 13. Ordinance, Establish Maximum Basic Service Tier Rates, AT&T Broadband � Cable (Form 1240) Staff recommended approval of an ordinance denying the proposed maximum permitted rate charged by AT&T Broadband Cable, establishing a maximum permitted rate based on the City's review of FCC Form 1240 and accepting the proposed operator_ selected rates and denying the Form 1235 rate included in the FCC Form 1240. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ESTABLISHING THE MAXIMUM PERMITTED BASIC SERVICE TIER RATES CHARGED BY AT&T BROADBAND CABLE, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 14. Award Professional Engineering Services Contract State Highway 114/State Highwav 121 Funnel, Turner, Collie and Braden Inc. Public Works Director recommended approval of a Professional Engineering Services 14 Contract with Turner, Collie and Braden, Inc. in an amount not to exceed $50,000.00 relative to the continued development of the State Highway 114/State Highway 121 Funnel Project and authorization for Staff to execute said contract. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 15. Resolution, Concur with State Regarding Segment of Business 114L Public Works Director recommended approval of a resolution concurring with the State's intention to remove a segment of Business 114L from the State Highway System. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS CONCURRING IN THE STATE'S INTENTION TO REMOVE A PORTION OF BUSINESS 114L FROM THE STATE SYSTEM AND PROVIDING AN EFFECTIVE DATE Item 16. Resolution, Concur with State Regarding Business 114L Right -of -Way Qui Claim Public Works Director recommended approval of a resolution concurring with the State of Texas in determining that a portion of the State's right-of-way on Business 114L is no longer needed for the use of the public and supporting the State's intent to Quit Claim said right-of-way. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS CONCURRING IN THE STATE'S DETERMINATION THAT A PORTION OF THE STATE'S 15 06/18/02 RIGHT-OF-WAY IS NO LONGER NEEDED FOR THE USE OF CITIZENS AS A ROAD AND THAT THE RIGHT-OF-WAY BE QUITCLAIMED IN ACCORDANCE WITH STATE REGULATIONS AND PROVIDING AN EFFECTIVE DATE Item 17. Interlocal Agreement, Flower Mound, Development North of Denton Creek Public Works Director recommended approval of an Interlocal Agreement with the Town of Flower Mound for public improvements associated with development north of Denton Creek in Grapevine and authorization for Staff to execute said agreement. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 18. Conditional Use Permit CU01-36, One -Year Extension, Springhill Suites Development Services Director recommended approval of a one-year extension to Conditional Use Permit CU01-36 (approved June 20, 2001 by the Site Plan Review Committee) as requested by Skye Hospitality, LLC (Springhill Suites) for property located at 2240 Grapevine Mills Circle West. A 114 -room, four story hotel is planned for the outparcel site at the Grapevine Mills Mall. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 19. Resolution, Declare Surplus Property (Vehicles) Administrative Services Director recommended approval of a resolution declaring certain property as surplus (miscellaneous vehicles) and authorization for the sale of said property by public auction. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None RESOLUTION NO. 2002-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DECLARING CERTAIN PROPERTY i0i SURPLUS AND/OR SALVAGE, PROVIDING FOR THE AUTHORIZATION OF THE SALE OF SAID PROPERTY, AND PROVIDING AN EFFECTIVE DATE Item 20 Award Bid 127-2002 Electrical Lamps and Lamp Components Annual Contract Administrative Services Director recommended approval of the award of Bid 127-2002 Electrical Lamps and Lamp Components Annual Contract to the lowest and best bidder meeting specifications, American Light. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 21 Ordinance Abandon Drainage Easement Shady Oaks Estates Addition Revised Public Works Director recommended approval of an ordinance abandoning a variable width drainage easement in Lot 1, Block A, Shady Oaks Estates Addition Revised. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A VARIABLE WIDTH DRAINAGE EASEMENT LOCATED IN LOT 1, BLOCK A, SHADY OAKS ESTATES ADDITION REVISED, IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED AND PROVIDING AN EFFECTIVE DATE Item 22 Award Bid Rehabilitation of Four Lift Stations, Red River Construction Company Public Works Director recommended approval of the award of the bid to Red River Construction Company in the amount of $1,139,518.15 for the rehabilitation of four sewage lift stations (Kimball Road, Lakeview, Dove Road, and Golf Course). 17 06/18/02 Motion by Council Member Johnson, seconded by Council Member Freed, to approve as 01, recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Item 23. Consideration of Minutes City Secretary recommended approval of the minutes of the June 4, 2002 City Council meetings as published. Motion by Council Member Johnson, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-14 PAVESTONE INTERNATIONAL Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU02-14 filed by Pavestone International and that revised site plans be submitted to Staff with the following conditions: (1) designation of minimum 20 -foot wide driving lanes that are to be used for truck loading/staging and not material storage and (2) the center of three curb cuts along State Highway 360 service road is to be removed and replaced with landscaping. Approval of the application grants a conditional use permit for an amendment to the site plan approved by Ordinance No. 99-53 to add 5.63 acres into the site located at 3215 State Highway 360 to be utilized as outside storage. The property is zoned "PID" Planned Industrial District Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and conditions for approval of the ordinance and that the Public Works Department take the necessary steps to resolve the truck loading/storage issues at the site. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-46 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 a> GRANTING CONDITIONAL USE PERMIT CU02-14 TO 06/18/02 AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 99-53 FOR ADDITIONAL PROPERTY TO BE UTILIZED AS OUTSIDE STORAGE IN A DISTRICT ZONED "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1R1, BLOCK 1R, PAVESTONE INDUSTRIAL Vice Chairman Fry reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1 R1, Block 1 R, Pavestone Industrial being a replat of Lot 1 R, Block 1, Pavestone Industrial. The 22.501 acre property is located on the northbound frontage road of State Highway 360 and is being replatted for the expansion of the Pavestone Company. 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 R1, Block 1 R, Pavestone Industrial. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1 BLOCK 2 HCB ADDITION Vice Chairman Fry reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 2, HCB Addition. The 13.148 acre property is located on the northbound frontage road of State Highway 360 and is being platted for the expansion of the Pavestone Company. im 06/18/02 Council Member Stewart, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 2, HCB Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-16 ESPN SKATE ZONE/MILLS CORPORATION Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU02-16 filed by ESPN Skate Zone/Mills Corporation granting a conditional use permit for an amendment to the site plan approved by Ordinance No. 2001-56 to allow outdoor commercial amusement, expand the building footprint and modify the existing building elevations relative to a skating facility. The property is located at 3000 Grapevine Mills Parkway #519 and is zoned "CC" Community Commercial District Regulations with a planned commercial center in excess of 1,000,000 square feet of gross leasable space designation. 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. 2002-47 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 CU02-16 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2001-56 FOR A PLANNED COMMERCIAL CENTER IN EXCESS OF 1,000,000 SQUARE FEET OF GROSS LEASABLE SPACE FOR OUTDOOR COMMERCIAL AMUSEMENT, EXPAND THE BUILDING FOOTPRINT AND MODIFY THE BUILDING ELEVATIONS RELATIVE TO A SKATING FACILITY 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 NE 1110-millM 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 28. PLANNING & ZONING COMMISSION RECOMMENDATION HISTORIC LANDMARK APPLICATION HL01-06 JOHN A BERRY HOUSE Vice Chairman Fry reported the Commission voted 7-0 for approval of HL01-06 filed by Grapevine Township Revitalization Project, Inc./John A. Berry House granting a Historic Landmark Subdistrict Designation on property located at 306 Austin Street. Mayor Pro Tem Ware, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the Historic Landmark Subdistrict Designation. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-48 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING HISTORIC LANDMARK SUBDISTRICT HL01-06 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73, (APPENDIX "D" OF THE CODE OF ORDINANCES), THE COMPREHENSIVE ZONING ORDINANCE, DESIGNATING LOTS 7 AND 8, BLOCK 106, COLLEGE HEIGHTS ADDITION, OF THE E. MOORE SURVEY, ABSTRACT 1029, AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5", SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE JOHN A. BERRY HOUSE HISTORIC DISTRICT DESIGN GUIDELINES; 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 21 06/18/02 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 29. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-12 GLADE CORNERS RETIREMENT CENTER Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU02-12 filed by Glade Corners Retirement Center with the conditions: (1) all approved landscaping must be installed within six weeks of application for a building permit for Phase Two; (2) perimeter fencing beginning on the north side of the southernmost entrance along Grapevine -Euless Road, up the western property line and along the northern property line shall be installed within six weeks of application for a building permit for Phase Two; and (3) failure to comply with these requirements shall result in a cessation of issuance of permits for Phase Two of this development. The 10.75 acre property is located at 400 Glade Road and is zoned "CN" Neighborhood Commercial District Regulations. Mayor Pro Tem Ware, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance with the conditions granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ORDINANCE NO. 2002-49 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 CU02-12 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.2000-60 FOR A COMBINATION INDEPENDENT LIVING/PERSONAL CARE FACILITY TO MODIFY LANDSCAPING AND FENCING IN A DISTRICT ZONED "CN" NEIGHBORHOOD 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 PA 06/18/02 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 CONDITIONAL USE APPLICATION CU02-21 SEGA GAMEWORKS Vice Chairman Fry reported the Commission voted 6-1 for approval of Conditional Use Application CU02-21 filed by Sega Gameworks granting a conditional use permit to amend the site plan approved by Ordinance No. 99-17 to expand the consumption area for alcoholic beverages (beer, wine and mixed beverages) to include the entire premise for Sega Gameworks. The subject property is located at 3000 Grapevine Mills Parkway #525 and is zoned "CC" Community Commercial District Regulations for a planned commercial center in excess of 1,000,000 square feet of gross leasable space. Council Member Stewart, 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, Johnson & Stewart Nays: Wilbanks, Spencer & Freed 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 CU02-21 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 99-17 FOR A PLANNED COMMERCIAL CENTER IN EXCESS OF 1,000,000 SQUARE FEET OF GROSS LEASABLE SPACE TO EXPAND THE CONSUMPTION AREA IN A RESTAURANT FOR ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) 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 23 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 31. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU02-23 CORTE' ENTERPRISES Vice Chairman Fry reported the Commission voted 7-0 for approval of Conditional Use Application CU02-23 filed by Corte Enterprises granting a conditional use permit to amend the site plan approved by Ordinance No. 2002-37 to allow a restaurant with the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) and a dance floor. The subject property is located at 3000 Grapevine Mills Parkway #117 and is zoned "CC" Community Commercial District Regulations with planned commercial center in excess of 1,000,000 square feet of gross leasable space. 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. 2002-51 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 CU02-23 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2002-37 FOR A PLANNED COMMERCIAL CENTER IN EXCESS OF 1,000,000 SQUARE FEET OF GROSS LEASABLE SPACE TO DEVELOP A RESTAURANT WITH DANCING AND THE POSSESSION, STORAGE, RETAIL SALE, AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) IN 91 06/18/02 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 32. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1R, 2R AND 3 BLOCK 2, DELANEY VINEYARDS PHASE II Vice Chairman Fry reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 R, 2R and 3, Block 2, Delaney Vineyards Phase 11. The 12.781 acre property is located on the east side of Merlot Avenue between Hughes Road and Champagne Boulevard and is being platted for three commercial lots. Council Member Stewart, 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 Lots 1 R, 2R and 3, Block 2, Delaney Vineyards Phase 11. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ITEM 33. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, MUSTANG APARTMENTS ADDITION Vice Chairman Fry reported the Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, Mustang Apartments Addition. The 7.542 acre property is located on the south side of Mustang Drive, east of Timberline and is being platted for the development of an apartment complex. Mayor Pro Tem Ware, 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 Lot 1, Block 1, Mustang Apartments Addition. The motion prevailed by the following vote: 25 06/18/02 Ayes: Tate, Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None ADJOURNMENT Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to adjourn the meeting at 9:40 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 2nd day of July, 2002 ATTEST: Linda Huff City Secretary 26 William D. Tate Mayor