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HomeMy WebLinkAboutItem 23 - Minutes i���r'1 � _���- - STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 16th day of September, 2008 at 6:00 p.m. in the City Councii Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor � � C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary �" CALL TO ORDER Mayor Tate called the workshop to order at 6:15 p.m. ITEM 1. DISCUSS RENOVATION OF PARKING LOTS AND OAK GROVE SOCCER COMPLEX Public Works Director Matt Singleton briefed the City Council regarding the proposed construction estimates for renovation of the following parking lots: Central Business District (northwest corner of Barton Street and Worth Street) will be used as the future festival operation's center and provide additional parking for downtown and Dino's Steakhouse; the First United Methodist Church lot on Ball Street that will be used jointly by the community for events at Heritage Park, Botanical Gardens, Nash Farm and Sunday services overf�ow parking. Council discussed reducing the proposed size of the First United Methodist Church lot, as it appeared to be excessive. Parks & Recreation Director poug Evans briefed the Council regarding the improvements to the Oak Grove Soccer Complex parking lot, restroom and playground facilities. There was no formal action taken by the City Council. �._ �; 09/16/08 ITEM 2. DISCUSS PROPOSED AMENDMENTS TO CHAPTER 20 STREETS SIDEWALKS AND OTHER PUBLIC WAYS City Manager Bruno Rumbelow stated the proposed amendments to the Grapevine Code of Ordinances, Chapter 20 Streets, Sidewalks and Other Public Ways would remove freestanding newsracks within the public right-of-way within 100 feet of any property designated with a Historic Zoning Overlay District, Individual Landmark, the Grapevine Township, or property designated on the National Register of Historic Places. Discussion ensued regarding having an item on the Council's workshop agenda and then on the Council's regular agenda for action the same night. Following the discussion, it was the consensus of the City Council that a public hearing should be scheduled to receive citizen input relative to the prohibition of newsracks in designated areas. There was no formal action taken by the City Council. ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21 st day of October, 2008. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 STATE OF TEXAS ..��:�„ COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 16th day of September, 2008 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER 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) conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations under Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there was any action necessary relative to the closed session. City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager and Staff under Section 551.087, Texas Government Code. NOTE: City Council continued with the Regular City Council meeting in open session in the City Council Chambers. .���. 09/16/08 ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 11:30 p.m. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21 st day of October, 2008. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 STATE OF TEXAS -�� COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 16th day of September, 2008 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: William D. Tate Mayor C. Shane Wilbanks Mayor Pro Tem Sharron Spencer Council Member Roy Stewart Council Member Darlene Freed Council Member Mike Lease Council Member Chris Coy Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Betty "BJ" Wilson Member Mark Lowery Member ,��, Monica Hotelling Member Jim Fechter Member Gary Martin Member Wayne Szot Alternate Elaine Martin Alternate constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager Doug Conner Assistant City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:35 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Fechter delivered the Invocation and led the Pledge of Allegiance. 09/16/08 ITEM 1. RECOGNITION, 2008 LEADERSHIP GRAPEVINE CLASS Mayor Tate welcomed and recognized the Grapevine Chamber of Commerce's 2008 Leadership Grapevine Class. ITEM 2. PROCLAMATION, DISABILITY EMPLOYMENT AWARENESS MONTH Mayor Tate presented a proclamation declaring October as Disability Employment Awareness Month and asked the citizens of Grapevine to honor the accomplishments of people with disabilities in the workplace and to participate in appropriate programs, ceremonies and activities that celebrate their success. ITEM 3. OATH OF OFFICE City Secretary Huff administered the Oath of Office to Planning & Zoning Commissioner Gary Martin and Alternate Wayne Szot. ITEM 4. PUBLIC HEARINGz ZONING APPLICATION Z08-07 SKINNER CUSTOM HOMES Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh reported that Zoning Application Z08- 07 had been filed by Skinner Custom Homes requesting rezoning of approximately 1.38 acres from "R-7.5" Single Family District Regulations to "R-5.0" Zero Lot Line District Regulations. The subject property is located at 410 North Dove Road and six residential lots are planned on the site that will have access off Hilltop Drive. Mr. Mike Wright requested favorable consideration of the application. City Council questioned whether the proposal for a 40 foot street met the City's subdivision ordinance that requires a 50 foot right-of-way. Staff responded there had been a couple of devetopments approved with the 40 foot right-of-way with a five foot easement on each side. Staff responded that the Fire Department had approved the 40 foot radius on the cul- de-sac. Discussion ensued that the proposed development should meet the City's ordinances and that a Planned Development Overlay should be considered relative to lot depth along with the zoning for safety purposes. Mayor Tate invited guests present to comment regarding the application. Ms. Monica Poole, 1305 Hilltop Drive, stated her opposition to big homes on the small lots. She requested that safety and quality of life of the current residents be considered. Mr. Ronald Duffer, 1316 Hilltop Drive, stated his support of the proposed development. 2 09/16/08 Commissioner Fry, seconded by Commissioner Wilson, offered a motion to table the public _ hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter & Martin Nays: None Council Member Freed, seconded by Council Member Coy, offered a motion to table the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 5. PUBLIC HEARING CONDITIONAL USE APPLICATION CU08-17 GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU08-17 had been filed by the Gaylord Texan Resort and Convention Center on Lake Grapevine requesting a conditional use permit to amend the site plan approved by Ordinance No. 2008-12 for addition of a resort pool complex, food and beverage pavilion and an event pad site. The subject property is located at 1501 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. Mr. Bennett Westbrook requested favorable consideration of the application. Mr. Shaw Flippen, Mr. Paul Lee, Mr. Brad Collette, Mr. Greg Hughes and Mr. John Imaizumi reviewed the proposed addition and sound barriers planned for the resort. It was stated that the pool surface area comprises approximately 13,000 square feet. The total area relative to the pool and the surrounding deck area with seating for 600 lounge chairs is approximately 19,625 square feet. A 3,500 square foot food and beverage pavilion with seating for 120 people and a 1,200 square foot restroom facility is proposed. Pool hours are proposed to be from 7:00 a.m. to 12:00 a.m. with the hours of 7:00-8:00 a.m. and 10:00 p.m. to 12:00 a.m. being designated, "quiet hours." Low-intensity landscape speakers with downward directed sound will be utilized to provide music at the pool complex at a low level. A 15,000 square foot event pad site is proposed at the southern end of the pool complex near the juncture of Ruth Wall Road and Katie's Woods Road. Events such as the "Ice" sculpture exhibit and other outdoor entertainment events are proposed there. All access to the event pad site is through the hotel property and no access other than that associated with minor construction for events and deliveries will occur from Ruth Wall Road. They also reviewed the sound and lighting concerns that had been addressed regarding the parking garage, cooling towers and the Glass Cactus. City Council and the Planning & Zoning Commission expressed concerns about the hours ��,,�, of operation of the event area for functions other than "Ice"; that the event area was too 3 09/16/08 close to the road and that the tents were too high. They also questioned the service hours of the pool restaurant. Mr. John Imaizumi stated the event area functions could end at 10:00 p.m. The event area was placed at the proposed site to save the tree line as a buffer between the resort and residents and that the pool restaurant would have service until midnight. Mayor Tate invited guests present to comment regarding the application. The following spoke in support of the proposed conditional use application noting the good image the Gaylord Texan Resort presents for Grapevine. The Gaylord Texan has been good for Grapevine's economy, generates revenue to enhance the City, creates jobs, and has helped with the phenomenal growth of the area by bringing other tourism facilities to Grapevine and making Grapevine an international hospitality destination. Mr. Chris Leighton, 1902 Saddle Ridge Mr. Steve Stinson, 2938 Creekwood Mr. Lee Rotholz, 1622 Hyland Greens Ms. Angela Weddle, 906 Wildwood Circle Mr. Ev Barnes, 315 Drexel Drive Mr. Don Bigbie, 4 Windy Knoll The following spoke in opposition of the proposed conditional use application noting their concerns regarding the event area, the height of the event area tent, the last of the green space disappearing, the noise generated and their quality of life being affected by the expansion. Ms. Diane Williams, 1830 Silverside Ms. Janet Chu, 1846 Anglers Plaza Mr. Mike Morris, 849 Riverside North, stated that he was not opposed to the application and expressed his appreciation to the Gaylord Texan and the City for the public meetings conducted. He requested reasonable considerations for the neighborhood regarding the event area, tent height, sound barriers for the cooling towers and a taller screening fence around the event area. The Council and Commission had been copied the one letter of opposition. Commissioner Wilson, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter & Martin Nays: None Council Member Coy, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: 4 09/16/08 .�,�,.. Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 6. PUBLIC HEARING CONDITIONAL USE APPLICATION CU08-19 LAVA LOUNGE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised that Conditional Use Application CU08-19 had been filed by Lava Lounge requesting a conditional use permit to amend the site plan approved by Ordinance No. 2000-11 to eliminate the drive through window, enlarge the 3,500 square foot building by 2,010 square feet and allow the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant that will seat 110 patrons. The subject property is located at 401 East State Highway 114 and is zoned "CC" Community Commercial District Regulations. Mr. Pann Sribhen 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. City Secretary Huff reported the Council and Commission had been copied the one letter supporting the application. Commissioner Fry, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter & Martin 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, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 7. PUBLIC HEARING CONDITIONAL USE APPLICATION CU08-20 AND FINAL PLAT LOTS 1 R-4R BLOCK 1 R GREAT WOLF ADDITION REPLAT OF LOTS 1-4, BLOCK 1, GREAT WOLF ADDITION Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported Conditional Use Application CUO& �,,,,� 20 and the application for the final plat of Lots 1 R — 4R, Block 1 R, Great Wolf Addition 5 09/16/08 being a replat of Lots 1-4, Block 1, Great Wolf Addition had been filed by Great Wolf Lodge. The conditional use application requests a conditional use permit to amend the site plan approved by Ordinance No. 2008-04 for the addition of a 289 space parking lot and exterior elevation changes to accommodate an elevator expansion. The subject property is located at 100 Great Wolf Drive and is zoned "CC" Community Commercial District Regulations. Mr. Fred Rankin 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 Wilson, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter& Martin Nays: None Council Member Stewart, seconded by Council Member Lease, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 8. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU08-22 GOODWILL INDUSTRIES Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that Conditional Use Application CU08-22 had been filed by Goodwill Industries requesting a conditional use permit to amend the site plan approved by Ordinance No. 96-25 to establish a retail store and drop- off donation center for Goodwill Industries. The subject property is located at 2100 West Northwest Highway and is zoned "SP" Site Plan District. Mr. David Bostick requested favorable consideration of the application. He stated that the 67,534 square foot facility will serve as a donation and retail facility. The location for drop- off items will be at the rear of the facility where a drive-up/drop-off area is proposed. Donation drive-up hours are Monday through Saturday 9 a.m. to 9 p.m. and Sunday noon to 5 p.m. He then reviewed the various programs and services that Goodwill Industries offers to its employees. He stated that Goodwill Industries strives to maintain an employment ratio of 80% disabled workers and that the majority of the program graduates become gainfully employed and remain employed. He noted they expect the Grapevine location to attract over 300 shoppers per day on average; approximately 150,000 per year. 6 09/16/08 The City Council and the Planning & Zoning Commission questioned how the drop-off location would be monitored and maintained. Mr. Bostick responded that it would be monitored 24/7 with truck pick-ups when necessary. Council also questioned the affect the store would have on GRACE that has been serving citizens and supported by the City for years. Mr. Bostick responded that he was willing to meet with GRACE and see how the two could work together to benefit their customers. Mayor Tate invited guests present to comment regarding the application. The following citizens spoke in opposition to the application. They expressed their support of Goodwill's mission, but were concerned about property values, traffic issues, what other stores were planned for the shopping center, questioned whether or not it was the highest and best use of the property and concern about drop-offs cluttering the area. Ms. Trish Neal, 2141 Sandell Drive Mr. Charles Anderson, 1082 Woodbriar Mr. Jim Carter, 1041 Brownstone Drive Ms. Debbie Lapham, 1077 West Winding Creek Drive Mr. Phillip McKinzey, 1061 West Winding Creek Drive Ms. Karen Jolley, 2751 Manchester Lane Ms. Tonya Krizenesky, 2101 South Winding Creek Drive a, Ms. Kathleen Holliday, 1020 Steeplewood Drive Mr. Malcom Gorrie, 2116 Brentcove Drive Mr. Ed Shinnick, 1117 Winding Creek Drive The following citizen spoke in favor the application noting the opportunities that Goodwill provides to those that are disabled and war veterans and commended them for the training provided for young people. Also, it was his opinion that Goodwill would not be in competition with GRACE. Mr. Bruce Rider, 325 West Worth Street City Secretary Huff read the following letter into the record: ---------------------------------------------------------------------------------------------------------------------- Dear Mayor Tate and Grapevine City Council Members: I oppose the Conditional Use Application CU08-22 filed by Goodwill Industries requesting a conditional use permit to amend the site plan approved by Ordinance No. 96-25 to establish a retail store and drop-off location center for Goodwill Industries at 2100 West Northwest Highway. Using the old Albertson's store for a Goodwill Store is a negative solution for " 7 09/16/08 the vacant space. A strong anchor store in a shopping center has the positive influence of better supporting stores in the same center and thus a higher cash flow meaning more tax revenue for our city. A Goodwill Store as the anchor means the site will continue to deteriorate in the quality of the businesses there, tax revenue will possibly decline and drop-off points, especialty if unattended, can be an eyesore. As a homeowner close to the site, I also see the Goodwill Store as greatly degrading the value of the neighborhoods surrounding it. Last, but certainly not least, Grapevine has wonderful local charity, GRACE. Let's not negatively impact the resale shops of GRACE by having an out of town resale giant such as Goodwill move in. When a Goodwill store moves into a retail space, it signals a decline in the area. Grapevine has worked too hard in attracting businesses, hotels and convention visitors to let that start happening. Sincerely, Terese (Teri) Martin 2109 Steeplewood Drive (Winding Creek) Grapevine, TX 76051 ---------------------------------------------------------------------------------------------------------------------- City Secretary Huff reported the Council and Commission had been copied the ten letters of opposition to the application. Council discussion ensued relative to the shopping center site being a gateway to the City and the property should be developed as such. Mayor Tate stated that part of the shopping center is located in Grapevine and part in Southlake. He stated that the City has been working for some time to get all of the shopping center in Grapevine. If that is accomplished, then there is more of an opportunity to upgrade the shopping center. Anytime a center loses its anchor, it is subject to decline and that is where the center is now. The City Council and the citizens want the center to go in a different direction and they have to consider what would be the strongest anchor to lead that center to an upgrade and whether it can be accomplished as a community or not. It has been difficult to be aggressive in trying to turn around the shopping center without a strong anchor. Commissioner Lowery, seconded by Commissioner Martin, offered a motion to close the public hearing. The motion prevailed by the following vote: 8 09/16/08 Ayes: Oliver, Fry, Wilson, Lowery, Hoteiling, Fechter & Martin . Nays: None Council Member Coy, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 9. PUBLIC HEARING, OFFICIAL CITY OF GRAPEVINE FUTURE LAND USE MAP 2 MP08-02 Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reported that the Official City of Grapevine Future Land Use Map 2 MP08-02 had been filed by the City of Grapevine for amendments to certain properties located on Starnes Street from "CO" Commercial and "RM" Residential Medium Density to "LC" Commercial Light Intensity. Mr. Stombaugh stated that the Commission, recognizing there is no real buffer between the commercial uses and residential uses along North Starnes Street, recommended amending the future land use map for six lots, three on each side of the street, from Residential, Medium Density and Commercial to Low Intensity Commercial and to allow applicants on a case-by-case basis to apply for a zone change to either "PO" Professional Office District Regulations or "CN" ,��. Neighborhood Commercial District Regulations. Mr. Stombaugh advised the zoning districts would be compatible with the land use designation and more suitable for a transition area from higher intensity commercial uses to residential uses. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported that the Council and Commission had been copied the two letters of support for the application. Commissioner Martin, seconded by Commissioner Fechter, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Fry, Wilson, Lowery, Hotelling, Fechter & Martin Nays: None Council Member Lease, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 9 09/16/08 RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present, ITEM 10. _ ORDINANCE, ADOPT TAX RATE FISCAL YEAR 2008-2009 Administrative Services Director John McGrane recommended approval of an ordinance adopting an ad valorem tax rate of$0.3500 per $100 valuation for Fiscal Year 2008-2009 apportioned as follows: General Fund, a tax rate of $0.11894 per $100 value and Debt Service, a tax rate of$0.23106 per $100 value. Motion by Council Member Coy, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-44 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SETTING THE ANNUAL TAX RATE FOR TAX YEAR 2008; LEVYING TAXES FOR THE TAX YEAR 2008 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING PENALTIES AND INTEREST FOR THE DELINQUENT TAXES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 11. ORDINANCE, ADOPT FISCAL YEAR 2008-2009 BUDGET Administrative Services Director McGrane recommended approval of an ordinance adopting the Fiscal Year 2008-2009 budget. The budget includes the programs discussed at the City Council workshop held on August 4, 12 and 18, 2008 and the public hearing on September 2, 2008. Mr. McGrane stated the budget has been prepared with the goals in mind of addressing needs to place the City on a sound financial footing with a 22% fund balance, addressing pay raises and continuation of the pay as you go policy. The FY 2008-2009 budget, as presented, requires a tax rate of $0.3500 and contains fund expenditures in the following amounts: 10 09/16/08 General Fund $52,847,569 �- Utility Enterprise Fund 20,615,391 Debt Service Fund 12,502,332 Convention & Visitors Bureau Fund 18,662,024 Lake Enterprise Fund 3,070,435 Streets & Drainage Capital Projects 1,921 ,990 Permanent Street Maintenance Fund 1,380,000 General Permanent Capital Maintenance Fund 819,000 Utility Permanent Capital Maintenance Fund 750,000 Stormwater Drainage Fund 1,389,831 Lake Parks Fund 837,568 Water and Wastewater System Capital Projects 308,066 4B Fund 8,767,871 Crime Control & Prevention District Fund 12,271 ,735 Community Quality of Life Fund 10,550,000 Buildings & Facilities Capital Projects 5,612,000 Traffic Improvements Capital Projects 548,999 Capital Equipment Acquisitions 4,114,817 Motion by Council Member Freed, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy ;..�;;, Nays: None ORDINANCE NO. 2008-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ADOPTING THE BUDGET FOR THE CITY OF GRAPEVINE, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009; PROVIDING FOR INTRA- AND INTER- DEPARTMENTAL FUND TRANSFERS; PROVIDING FOR INVESTMENT OF CERTAIN FUNDS; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE ITEM 12. AWARD ANNUAL AUDIT CONTRACT PATTILLO BROWN & HILL LLP Administrative Services Director McGrane recommended approval of the award of an annual contract to Pattillo, Brown & Hill, LLP for the annual audit of the City of Grapevine. The audit would be for an annual examination with options to extend for multiple years at the City's discretion. Motion by Council Member Spencer, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: 11 09/16/08 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 13. ORDINANCE, AMEND CHAPTER 25 UTILITIES Public Works Director Matt Singleton recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities relative to adjusting the solid waste and recycling rates for Allied Waste Services. Ordinance No. 95-35 granted Allied Waste Services (Allied) and its predecessor companies a franchise agreement to provide solid waste and recycling services for both residential and commercial customers in Grapevine. Section 11 — Item 1 of the ordinance provides for the establishment of residential and commercial rates on an annual basis prior to October 1. Allied has requested a rate adjustment effective October 1, 2008. The last time Allied requested a rate adjustment was in 2006. If Council grants the additional fuel adjustment request, the total rate increase for residential and commercial solid waste collection would be 7.82%. The monthly residential rate with the 7.82% rate adjustment would be $11.27. Motion by Council Member Freed, seconded by Mayor Pro Tem Wilbanks, to approve with the rate fuel adjustment prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 25 UTILITIES AND SERVICES, ARTICLE III SOLID WASTE DISPOSAL, SECTiON 25-97 SERVICE RATES--SCHEDULES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 14. ORDINANCE, AMEND CHAPTER 20 STREETS SIDEWALKS AND OTHER PUBLIC WAYS Development Services Director Scott Williams requested this item be tabled until a public hearing could be scheduled. The item was to consider of an ordinance amending the Grapevine Code of Ordinances, Chapter 20 Streets, Sidewalks and Other Public Ways relative to freestanding newsracks located in the public right-of-way within 100 feet of any property designated with a Historic Zoning Overlay District, Individual Landmark, the Grapevine Township, or property designated on the National Register of Historic Places. Motion by Council Member Spencer, seconded by Mayor Pro Tem Wilbanks, to table the item to the next meeting in order to conduct a public hearing prevailed by the following vote: 12 09/16/08 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 15. ORDINANCE, APPROVE ATMOS ENERGY RATE SETTLEMENT Assistant City Manager Jennifer Hibbs recommended approval of an ordinance approving a rate settlement with Atmos Energy. Assistant City Manager Hibbs stated the purpose of the ordinance is to approve rate tariffs that reflect the negotiated rate change pursuant to the RRM process. The ordinance also approves the company's proof of revenues, a required part of the Rate Review Mechanism (RRM) filing. As a result of the negotiations, Atmos Cities Steering Committee (ACSC) was able to reduce the company's requested $33.5 million RRM increase by more than 35 percent. Approval of the ordinance will result in rates that implement a $20 million increase in Atmos' revenues effective October 1, 2008. Motion by Council Member Spencer, seconded by Council Member Coy, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-47 �,� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ("CITY")APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL AND PROVIDING AN EFFECITVE DATE �� 13 09/16/08 ITEM 16. RESOLUTION AUTHORIZE PARTICIPATION STATE BOATING ACCESS GRANT PROGRAM Parks & Recreation Director poug Evans recommended approval of a resolution authorizing participation in the State Boating Access Grant Program for a low water boat ramp and restroom facility at Meadowmere Park. Staff would participate with the Texas Parks and Wildlife Department for the development of a low water boat ramp, restroom facilities and other amenities at Meadowmere Park. The total project cost is $700,000 with the City's match being $200,000, which is 28% of the total cost of the project. Motion by Council Member Freed, seconded by Mayor Pro Tem Ware, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RESOLUTION NO. 2008-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR A GRANT FOR THE DEVELOPMENT OF A BOAT RAMP, RESTROOM AND SUPPORTING FACILITIES 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 17. Authorize Interlocal Aqreement, City of Fort Worth, Environmental Collection Center and Household Hazardous Waste Proqram Public Works Director recommended approval of an Interlocal Agreement with the City of Fort Worth for continued participation in their Environmental Collection Center and Household Hazardous Waste Program. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None 14 09/16/08 Item 18. Renew Janitorial Supplies and Paper Goods Annual Contract Public Works Director recommended renewal of Janitorial Supplies and Paper Goods Annual Contract to Empire Paper Company. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 19. Renew Traffic Conduit Installation Services Annual Contract Public Works Director recommended approval of the renewal of Traffic Conduit Installation Services Annual Contract to Multiple Cable Systems. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None Item 20. Consideration of Minutes Y City Secretary recommended approval of the minutes of the September 2, 2008 City Council meetings as published. Motion by Council Member Lease, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None RECESS AND RECONVENE Mayor Tate announced that the City Council would take a brief recess. Upon reconvening in the Council Chambers, all members of the City Council were present. ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLCATION Z08-07 SKINNER CUSTOM HOMES Zoning Application Z08-07 filed by Skinner Custom Homes requesting rezoning of approximately 1.38 acres from "R-7.5" Single Family District Regulations to "R-5.0" Zero Lot Line District Regulations had been tabled during the public hearing. 15 09/16/08 There was no action taken by the City Council or the Planning & Zoning Commission. ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-17 GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE Chairman Oliver reported that the Planning & Zoning Commission voted 5-2 for approval with the exclusion of the events pad of Conditional Use Application CU08-17 filed by Gaylord Texan Resort and Convention Center on Lake Grapevine granting a conditional use permit to amend the site plan approved by Ordinance No. 2008-12 for addition of a resort pool complex, food and beverage pavilion. The subject property is located at 1501 Gaylord Trail and is zoned "PCD" Planned Commerce Development District. Council discussion ensued relative to the need for the events pad and that a temporary use permit limiting hours could be issued by the City for functions other than "Ice". Following discussion, Council Member Spencer, seconded by Council Member Coy, offered a motion to approve the ordinance granting the conditional use permit with the event area included and that a temporary use permit be issued by the City of Grapevine with criteria set by the City Council for functions other than "Ice". The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-48 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU08-17 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2008-12 FOR A HOTEL AND CONVENTION CENTER WITH THE ADDITION OF A RESORT POOL COMPLEX, FOOD AND BEVERAGE PAVILION, AND AN EVENT PAD SITE IN A DISTRICT ZONED "PCD" PLANNED COMMERCE 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 16 09/16/08 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 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-19 LAVA LOUNGE Chairman Oliver reported that the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU08-19 filed by Lava Lounge granting a conditional use permit to amend the site plan approved by Ordinance No. 2000-11 to eliminate the drive through window, enlarge the building and allow the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant. The subject property is located at 401 East State Highway 114 and is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: �, Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-49 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 CU08-19 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE. NO. 2000-11 TO REVISE THE FLOOR PLAN FOR AN UNOCCUPIED RESTAURANT FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF 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 SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER 17 09/16/08 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 CU08-20 GREAT WOLF LODGE Chairman Oliver reported that the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU08-20 filed by Great Wolf Lodge granting a conditional use permit to amend the site plan approved by Ordinance No. 2008-04 for the addition of a parking lot and an exterior elevation change. The subject property is located at 100 Great Wolf Drive and is zoned "CC" Community Commercial District Regulations. Mayor Pro Tem Ware, 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, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-50 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU08-20 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2008-04 WITH A HOTEL AND WATER PARK FOR THE ADDITION OF A NEW PARKING LOT AND EXTERIOR ELEVATION CHANGES IN CONJUCTION WITH AN ELEVATOR EXPANSION IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER 18 09/16/08 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 LOTS 1 R-4R, BLOCK 1 R, GREAT WOLF ADDITION Chairman Oliver reported that the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 R — 4R, Block 1 R, Great Wolf Addition. The subject property is being platted for the addition of a parking lot. The property is located at 100 Great Wolf Drive and is zoned "CC" Community Commercial District Regulations. Council Member Stewart, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 R - 4R , Block 1 R, Great Wolf Addition. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU08-22 GOODWILL INDUSTRIES Chairman Oliver reported that the Planning & Zoning Commission voted 7-0 for denial of Conditional Use Application CU08-22 filed by Goodwill Industries requesting to amend the site plan approved by Ordinance No. 96-25 to establish a retail store and drop-off donation center for Goodwill Industries. The subject property is located at 2100 West Northwest Highway and is zoned "SP" Site Plan District. Council Member Coy, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation for denial of the conditional use request. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ITEM 27. PLANNWG & ZONING COMMISSION RECOMMENDATION �� OFFICIAL CITY OF GRAPEVINE FUTURE LAND USE MAP 2 MP08-02 19 09/16/08 Chairman Oliver reported that the Planning & Zoning Commission voted 7-0 for approval of amendments to the Official City of Grapevine Future Land Use Map 2 MP08-02 for amendments to certain properties located on Starnes Street from "CO" Commercial and "RM" Residential Medium Density to "LC" Commercial Light Intensity. Council Member Freed, seconded by Mayor Pro Tem Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Official City of Grapevine Future Land Use Map 2. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ORDINANCE NO. 2008-51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 87-11 WHICH ADOPTED THE COMPREHENSIVE MASTER PLAN 1974-1994 UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS ADOPTING AN AMENDMENT TO MAP 2 LAND USE PLAN OF THE COMPREHENSIVE MASTER PLAN UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING A SEVERABLITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1-3, BLOCK 1, PALLAGGIOS ESTATES Chairman Oliver reported that the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1 — 3, Block 1, Pallaggios Estates. The 0.58 acre tract is being platted to build three residential homes. The subject property is located at 101 West Peach Street and is zoned "R-5.0" Zero Lot Line District Regulations. Council Member Freed, seconded by Council Member Coy, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lots 1 — 3, Block 1, Pallaggios Estates. The motion prevailed by the following vote: Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None ADJOURNMENT Mayor Pro Tem Wilbanks, seconded by Council Member Coy, offered a motion to adjourn the meeting at 11:30 p.m. The motion prevailed by the following vote: 20 09/16/08 Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21 st day of October, 2008. APPROVED: Wiiliam D. Tate Mayor ATTEST: Linda Huff City Secretary ,�-.,:�. �k� 21