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HomeMy WebLinkAbout2005-11-15 Joint Meeting • AGENDA CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 15, 2005 AT 7:00 P.M. CITY COUNCIL CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER EXECUTIVE SESSION 1. City Council to conduct a closed session relative to: A. Real property relative to acquisition of park land in the Bellaire Subdivision pursuant to Section 551.072, Texas Government Code. B. Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. City Council to reconvene in open session and take any necessary action relative to real property and conference with employees under Sections 551.072 and 551.087, Texas Government Code. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817) 410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Special City Council Meeting Agenda was prepared and posted on this the 11th day of November, 2005 at 5:00 p.m. /IPA rabid inia Huff City Secretary 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 15th day of November, 2005 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to-wit: Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Mayor William D. Tate absent, with the following members of the City Staff: Bruno Rumbelow Acting City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Pro Tern Ware called the meeting to order at 7:00 p.m. ITEM 1. EXECUTIVE SESSION Mayor Pro Tern Ware announced the City Council would conduct a closed session regarding: (A) Real property relative to acquisition of park land in the Bellaire Subdivision pursuant to Section 551.072, Texas Government Code; (B) Conference with City Manager and Staff to discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate and expand in the City; with which businesses the City is conducting economic development negotiations pursuant to Section 551.087, Texas Government Code. Upon reconvening in open session in the Council Chambers, Mayor Pro Tern Ware asked if there was any action necessary relative to the closed session. Acting City Manager Bruno Rumbelow stated there was no action necessary relative to conference with City Manager pursuant to Section 551.087, Texas Government Code. 11/15/05 Regarding real property, Acting City Manager Rumbelow requested authorization for approval of the purchase of two residential lots in the Bellaire Subdivision from David J. Robbins in the amount of $80,000.00. Council Stewart, seconded by Council Member Johnson, offered a motion to authorize the City Manager to purchase two residential lots in the Bellaire Subdivision from David J. Robbins in the amount of $80,000.00. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate Note: City Council continued with the Regular City Council meeting in open session in the Council Chambers. ADJOURNMENT Council Member Freed, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:30 p.m. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ""w PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of December, 2005. APPROVED: 411i44 William D. Tate Mayor ATTEST: Linda Huff City Secretary 2 AGENDA CITY OF GRAPEVINE, TEXAS REGULAR JOINT CITY COUNCIL PLANNING & ZONING COMMISSION MEETING TUESDAY, NOVEMBER 15, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER INVOCATION: Commissioner Rob Undersander PRESENTATION 1. Verizon to present Fiber Optic Service Community award. JOINT PUBLIC HEARINGS 2. City Council and Planning & Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-57 filed by TGI Friday's at Dallas/Fort Worth International Airport, 2000 International Parkway, Terminal B, Columns 32 and 35. The request is to amend the site plan approved by Ordinance No. 2004-33 to extend the alcoholic beverage consumption area and dining area. The property is zoned "GU" Governmental Use District. 3. City Council and Planning &Zoning Commission to conduct a public hearing relative to Conditional Use Application CU05-59 and Planned Development Application PD05-04 filed by Bone Daddy's located at 1720 William D. Tate Avenue. The request is for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant and a planned development overlay to reduce the landscape setback along Mustang Drive and provide less than 70% masonry to the exterior walls. The property is zoned "GU" Governmental Use District. 4. City Council and Planning &Zoning Commission to conduct a public hearing relative to Planned Development Application PD05-05 filed by Gamestop located at 625 Westport Parkway requesting a planned development overlay for parking in the front yard landscape setback. The property is zoned "LI" Light Industrial District. 5. City Council and Planning &Zoning Commission to conduct a public hearing relative to Special Use Application SU05-04 filed by Cingular Wireless located at 2220 West Grapevine Mills Circle requesting a special use permit for the installation of cellular antennas on the existing AmeriSuites Hotel. The property is zoned "CC" Community Commercial District Regulations. 6. City Council and Planning & Zoning Commission to conduct a public hearing relative to Historical Landmark Application HL05-09 filed by Michael and Lisa Buick requesting a historical landmark subdistrict overlay on property located at 320 East Texas Street and known as the Simmons-Powers Residence. The property is zoned "R-7.5" Single Family District Regulations. 7. City Council and Planning &Zoning Commission to conduct a public hearing relative to Historical Landmark Application HL05-10 filed by Roger Gaultry requesting a historical landmark subdistrict overlay on property located at 513 East Texas Street and known as the Trice-Lucas Residence. The property is zoned "R-7.5" Single Family District Regulations. 8. City Council and Planning &Zoning Commission to conduct a public hearing relative to proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 49 Special Uses, Section 52 Tree Preservation and Section 60 Sign Regulations. 9. City Council and Planning &Zoning Commission to conduct a public hearing relative to the application filed by Alma Goltz for the final plat of Lots 1R and 1R1, Block 2, A. F. Leonard Addition being a replat of Lot 1, Block 2, A. F. Leonard Addition. The 1.767 acre property is located at the northwest corner of Dooley and Wall Streets and is zoned "HC" Highway Commercial District. END OF JOINT PUBLIC HEARINGS Planning & Zoning Commission to recess to Planning & Zoning Commission Conference Room, Second Floor to consider published agenda items. City Council to remain in session in the Council Chambers to consider published business. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817) 410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Joint City Council and Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 11th day of November, 2005 at 5.00 p.m. Lind. Huff • City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR CITY COUNCIL MEETING TUESDAY, NOVEMBER 15, 2005 AT 7:30 P.M. CITY COUNCIL CHAMBERS SECOND FLOOR 200 SOUTH MAIN STREET CITIZEN COMMENTS NEW BUSINESS 10. Consider authorizing an engineering services contract with Freese and Nichols, Inc. for the preparation of a Water and Wastewater Impact Fee Update and take any necessary action. 11. Consider a resolution and a contract with the Trinity River Authority of Texas for funding participation in the design and construction of a Water Booster Pump Station to serve the City and take any necessary action. 12. Consider ratifying Change Orders Nos. 2, 3 and 4 for the Water Treatment Plant Project previously approved by Staff, approval of Change Order No. 5 and take any necessary action. 13. Consider an ordinance transferring a cable franchise from Comcast to Time Warner Inc. and take any necessary action. 14. Consider an ordinance denying a 2004 Gas Reliability Infrastructure rate increase request made by Atmos Energy and take any necessary action. 15. Consider a show cause resolution in response to a 2004 GRIP rate increase request made by Atmos Energy and take any necessary action. 16. Consider a resolution regarding the formation of a Regional Rail Authority and take any necessary action. 17. Consider the application submitted by Grapevine Excursions for a touring and sightseeing service and take any necessary action. CONSENT AGENDA Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council or member of the audience may request that an item be withdrawn from the consent agenda and placed before the City Council for full discussion. Approval of the consent agenda authorizes the City Manager, or his designee, to implement each item in accordance with Staff recommendations. 18. Consider an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic relative to the removal of stop signs on Dooley Street at the Cotton Belt Railroad crossing. Public Works Director recommends approval. 19. Consider a resolution expressing intent to finance expenditures to be incurred for equipment purchases. Administrative Services Director recommends approval. 20. Consider a resolution authorizing a lease agreement with Fibertower, Inc. for the collocation of antennae on the Minters Chapel Monopole. Assistant to the City Manager recommends approval. 21. Consider a resolution authorizing a lease agreement with Fibertower, Inc. for the collocation of antennae on the Barton Street Water Tower. Assistant to the City Manager recommends approval. 22. Consider a resolution authorizing the donation of fire nozzles and rescue tools to Hopkins County Fire Services. Fire Chief recommends approval. 23. Consider a resolution declaring Fauxcades, Inc. a sole source provider for the construction of a concierge and information booth for the Convention and Visitors Bureau at the Gaylord Texan Resort and Convention Center on Lake Grapevine. Convention and Visitors Bureau Director recommends approval. 24. Consider an ordinance abandoning a sanitary sewer easement along the eastern portion of Lot 5R, G. E. Hurst Addition. Public Works Director recommends approval. 25. Consider the minutes of the November 1, 2005 City Council meetings. City Secretary recommends approval as published. Pursuant to the Texas Open Meetings Acts, Texas Government Code, Chapter 551.001 et seq, one or more of the above items may be considered in Executive Session closed to the public. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. PLANNING & ZONING COMMISSION RECOMMENDATIONS 26. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-57 (TGI Friday's at Dallas/Fort Worth International Airport) and a subsequent ordinance, if applicable. 27. Consider the recommendation of the Planning & Zoning Commission relative to Conditional Use Application CU05-59 (Bone Daddy's) and a subsequent ordinance, if applicable. 28. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Application PD05-04 (Bone Daddy's) and a subsequent ordinance, if applicable. 29. Consider the recommendation of the Planning &Zoning Commission relative to the final plat of Lot 1, Block 1, Bone Daddy's Addition and take any necessary action. 30. Consider the recommendation of the Planning & Zoning Commission relative to Planned Development Application PD05-05 (Gamestop) and a subsequent ordinance, if applicable. 31. Consider the recommendation of the Planning & Zoning Commission relative to Special Use Application SU05-04 (Cingular Wireless) and a subsequent ordinance, if applicable. 32. Consider the recommendation of the Planning & Zoning Commission relative to Historical Landmark Application HL05-09 (Simmons-Powers Residence) and a subsequent ordinance, if applicable. 33. Consider the recommendation of the Planning & Zoning Commission relative to Historical Landmark Application HL05-10 (Trice-Lucas Residence) and a subsequent ordinance, if applicable. 34. Consider the recommendation of the Planning & Zoning Commission relative to proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance, No. 82-73, as amended, Section 49 Special Uses, Section 52 Tree Preservation and Section 60 Sign Regulations and a subsequent ordinance, if applicable. 35. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lots 1R and 1R1, Block 2, A. F. Leonard Addition and take any necessary action. 36. Consider the recommendation of the Planning & Zoning Commission relative to the final plat of Lot 1, Block 1, English Grapevine Congregation of Jehovah Witnesses and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817) 410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular City Council Meeting Agenda was prepared and posted on this the 11th day of November, 2005 at 5:00 p.m. Lind Huff 7741-4 City Secretary AGENDA CITY OF GRAPEVINE SPECIAL BRIEFING SESSION PLANNING & ZONING COMMISSION TUESDAY, NOVEMBER 15, 2005 AT 7:00 P.M. PLANNING & ZONING CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET CALL TO ORDER WORK SESSION 1. Planning & Zoning Commission to conduct a briefing session to discuss items scheduled to be heard in the November 15, 2005 public hearing. ADJOURNMENT If you plan to attend this briefing session and you have a disability that requires special arrangements at the meeting, please contact the office of Development Services at (817) 410-3154 at least 24 hours in advance. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et. seq. Acts of the 1993 Texas Legislature, the Planning and Zoning Commission Briefing Session Agenda was prepared and posted on this the 11th day of November, 2005 at 5:00 p.m. / s• : Huff I r City Secretary AGENDA CITY OF GRAPEVINE, TEXAS REGULAR PLANNING & ZONING COMMISSION MEETING TUESDAY, NOVEMBER 15, 2005 AT 7:30 P.M. PLANNING & ZONING COMMISSION CONFERENCE ROOM SECOND FLOOR 200 SOUTH MAIN STREET NEW BUSINESS 1. Consider Conditional Use Application CU05-57 (TGI Friday's at Dallas/Fort Worth International Airport) and make a recommendation to the City Council. 2. Consider Conditional Use Application CU05-59 (Bone Daddy's) and make a recommendation to the City Council. 3. Consider Planned Development Application PD05-04 (Bone Daddy's) and make a recommendation to the City Council. 4. Consider the final plat of Lot 1, Block 1, Bone Daddy's Addition and make a recommendation to the City Council. 5. Consider Planned Development Application PD05-05 (Gamestop) and make a recommendation to the City Council. 6. Consider Special Use Application SU05-04 (Cingular Wireless) and make a recommendation to the City Council. 7. Consider Historical Landmark Application HL05-09 (Simmons-Powers Residence) and make a recommendation to the City Council. 8. Consider Historical Landmark Application HL05-10 (Trice-Lucas Residence) and make a recommendation to the City Council. 9. Consider proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance, No. 82-73, as amended, Section 49 Special Uses, Section 52 Tree Preservation and Section 60 Sign Regulations and make a recommendation to the City Council. 10. Consider the final plat of Lots 1R and 1R1, Block 2, A. F. Leonard Addition and make a recommendation to the City Council. 11. Consider the final plat of Lot 1, Block 1, English Grapevine Congregation of Jehovah Witnesses and make a recommendation to the City Council. CONSIDERATION OF MINUTES 12. Consider the minutes of the October 18, 2005 Planning & Zoning Commission meetings and take any necessary action. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary's Office at (817) 410-3182 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. In accordance with Texas Government Code, Chapter 551.001 et seq, Acts of the 1993 Texas Legislature, the Regular Planning & Zoning Commission Meeting Agenda was prepared and posted on this the 11th day of November, 2005 at 5:00 p.m. City Secretary STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 15th day of November, 2005 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to-wit: Ted R. Ware Mayor Pro Tern Sharron Spencer Council Member C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Mayor William D. Tate absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate Andrea Roy Alternate constituting a quorum, with the following members of the City Staff: Bruno Rumbelow Acting City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Jennifer Hibbs Assistant to the City Manager CALL TO ORDER Mayor Pro Tern Ware called the meeting to order at 7:30 p.m. INVOCATION Commissioner Rob Undersander delivered the Invocation. 11/15/05 ITEM 1. PRESENTATION, VERIZON FIBER OPTIC SERVICE COMMUNITY . AWARD Mr. David Russell, Vice President of Verizon, presented the City of Grapevine with a community award noting that Grapevine is one of the first communities in the nation to benefit from the new fiber optic technology. He stated that the new technology, known as fiber to the premises, user fiber-optic cable and optical electronics to directly link homes and businesses to Verizon's network. Mayor Pro Tern Ware accepted the award on behalf of the City. ITEM 2. PUBLIC HEARING, TGI FRIDAY'S AT DALLAS/FORT WORTH INTERNATIONAL AIRPORT Mayor Pro Tem Ware declared the public hearing open. Planner Ron Stombaugh reported Conditional Use Application CU05-57 had been filed by TGI Friday's at Dallas/Fort Worth International Airport, 2000 International Parkway, Terminal B, Columns 32 and 35. The request is to amend the site plan approved by Ordinance No. 2004-33 to extend the alcoholic beverage consumption area and dining area. The property is zoned "GU" Governmental Use District. There were no questions from the City Council or the Planning & Zoning Commission. wow Mayor Pro Tern Ware invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support for the application. Commissioner Murray, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Freed, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU05-50 AND PLANNED DEVELOPMENT APPLICATION PD05-04 BONE DADDY'S Mayor Pro Tern Ware declared the public hearing open. 2 11/15/05 Planner Stombaugh reported Conditional Use Application CU05-59 and Planned Development Application PD05-04 had been filed by Bone Daddy's proposed to be located at 1720 William D. Tate Avenue. The request is for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant and a planned development overlay to reduce the landscape setback along Mustang Drive and provide less than the required 70% masonry to the exterior walls. The property is zoned "GU" Governmental Use District. An 8,465 square foot restaurant with seating for 298 patrons is proposed along with 133 parking spaces. The applicant proposes to reduce the landscaped setback area along Mustang Drive to seven feet rather than the required 15 feet. Mr. Mike Leatherwood, Mr. Kjell Knutson and Mr. Randy Stringer requested favorable consideration of the application. They addressed the irregular shape of the lot and the lack of depth along Mustang Drive and that providing more parking on the site was a higher priority than maintaining a 15-foot landscaping setback along Mustang Drive. Mr. Jim Mason stated that DFW Airport has approved the design and does not require the setback along their property and that the cross access to the property was a requirement when developing the convenience store. City Council and the Planning & Zoning Commission questioned the shared access on the northeast of the property with the convenience/gasoline store, expressed concern regarding parked cars backing into the flow of traffic and discussed the proposed development not meeting the minimum requirements of the City's ordinance regarding landscaping and masonry. Mayor Pro Tern Ware invited guests present to comment regarding the application. There was no correspondence to report. Mr. John Evans expressed his support of the proposed development noting the site would be a difficult piece of property to develop. He encouraged the Council to accept the restaurant in Grapevine. Commissioner Coy, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Stewart, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate 3 11/15/05 ITEM 4. PUBLIC HEARING, PLANNED DEVELOPMENT APPLICATION PG05-05 GAMESTOP Mayor Pro Tem Ware declared the public hearing open. Planner Stombaugh reported Planned Development Application PD05-05 had been filed by Gamestop located at 625 Westport Parkway requesting a planned development overlay for 40 additional parking spaces in the front yard landscape setback along Westport Parkway. The property is zoned "LI" Light Industrial District. Mr. Robb Lloyd and Mr. Rick Gilmore requested favorable consideration of the application noting their relocation to the larger facility due to relocating their corporate headquarters to the Grapevine area. Discussion by the City Council and the Planning & Zoning Commission centered on the fact that the planned development overlay was for undeveloped properties and not already developed property. Comments were made that the proposal would create a landscape shortage and that this was a difficult case because the property was located in an industrial district. Mayor Pro Tern Ware invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. maw Commissioner Fry, seconded by Commissioner Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 5. PUBLIC HEARING, SPECIAL USE APPLICATION SU05-04 CINGULAR WIRELESS Mayor Pro Tem Ware declared the public hearing open. Planner Stombaugh reported Special Use Application SU05-04 had been filed by Cingular Wireless located at 2220 West Grapevine Mills Circle requesting a special use permit for the installation of cellular antennas on the existing AmeriSuites Hotel. The property is zoned "CC" Community Commercial District Regulations. 4 11/15/05 Mr. David Prejean requested favorable consideration of the application. City Council questioned the area that would be covered by the antennae. It was noted that it would be the Grapevine Mills Mall area. Mayor Pro Tern Ware 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, Murray, Wilson, Undersander & St. John Nays: None Council Member Freed, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 6. PUBLIC HEARING HISTORICAL LANDMARK APPLICATION HL05-09 MICHAEL AND LISA BUICK, SIMMONS-POWERS RESIDENCE Mayor Pro Tern Ware declared the public hearing open. Planner Stombaugh reported that Historical Landmark Application HL05-09 had been filed by Michael and Lisa Buick requesting a historical landmark subdistrict overlay on property located at 320 East Texas Street and known as the Simmons-Powers Residence. The property is zoned "R-7.5" Single Family District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Pro Tern Ware 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 St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Spencer, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: 5 11/15/05 Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 7. PUBLIC HEARING, HISTORICAL LANDMARK APPLICATION HL05-10 ROGER GAULTRY, TRICE-LUCAS RESIDENCE Mayor Pro Tern Ware declared the public hearing open. Planner Stombaugh reported Historical Landmark Application HL05-10 had been filed by Roger Gaultry requesting a historical landmark subdistrict overlay on property located at 513 East Texas Street and known as the Trice-Lucas Residence. The property is zoned "R-7.5" Single Family District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Pro Tern Ware 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 Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Freed, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 8. PUBLIC HEARING, AMENDMENTS GRAPEVINE CODE OF ORDINANCES, APPENDIX D, THE COMPREHENSIVE ZONING ORDINANCE, NO. 82-73, AS AMENDED, SECTION 49 SPECIAL USES, SECTION 52 TREE PRESERVATION AND SECTION 60 SIGN REGULATIONS Mayor Pro Tem Ware declared the public hearing open. Planner Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 49 Special Uses relative to flag lots, Section 52 Tree Preservation relative to non- protected trees and Section 60 Sign Regulations relative to the use of objects for signage. There were no questions from the City Council or the Planning & Zoning Commission. 6 11/15/05 Mayor Pro Tern Ware invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Undersander, seconded by Commissioner Wilson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John 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: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 9. PUBLIC HEARING, FINAL PLAT LOTS 1R AND 1R1, BLOCK 2, A. F. LEONARD ADDITION, REPLAT OF LOT 1, BLOCK 2, A. F. LEONARD ADDITION Mayor Pro Tern Ware declared the public hearing open. Senior Civil Engineer Scott Dyer reported Ms. Alma Goltz had filed the application for the final plat of Lots 1R and 1R1, Block 2, A. F. Leonard Addition being a replat of Lot 1, Block 2, A. F. Leonard Addition. The 1.767 acre property is located at the northwest corner of Dooley and Wall Streets and is zoned "HC" Highway Commercial District. The property is being divided into two lots. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Pro Tern Ware 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 Fry, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Undersander & St. John Nays: None Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate 7 11/15/05 RECESS AND RECONVENE Mayor Pro Tern Ware announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. Mayor Pro Tern Ware announced the City Council would take a brief recess. Upon reconvening in the Council Chambers all members of the City Council were present with the exception of Mayor Tate. ITEM 10. ENGINEERING SERVICES CONTRACT, FREESE AND NICHOLS, INC., WATER AND WASTEWATER IMPACT FEE UPDATE Deputy Director of Public Works Stan Laster requested approval of an engineering services contract with Freese and Nichols, Inc. in an amount of $78,800.00 for the preparation of a Water and Wastewater Impact Fee Update. State law requires that the City review its impact fees every five years to determine the need to adopt new fees or maintain the existing fees in place. He stated the new development trends and the resulting possible need for additional facilities necessitates the review of the Land Use Assumptions, 10-Year Capital Improvements Plan and the resulting Water and Wastewater impact fees in advance of the five-year requirement. He noted the impetus for the study is the new development trends and the redevelopment of the Main Street corridor. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve wit as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 11. RESOLUTION, CONTRACT WITH TRINITY RIVER AUTHORITY OF TEXAS, WATER BOOSTER PUMP STATION FUNDING Public Works Director Matt Singleton recommended approval of a resolution and a contract with the Trinity River Authority of Texas for funding participation in the design and construction of a Water Booster Pump Station to serve the City of Grapevine. The booster pump station will be required for TRA to adequately deliver water to all contracted Grapevine service areas. Initially, TRA responded negatively to partial funding, but after taking the request to the TRA Advisory Board made up of member cities, the Board voted unanimously to fund the construction of the pump station with a cap of$5.114 million (cost estimated at $10.228 million). This was a precedent setting vote, in that TRA has never participated in the cost of construction of a facility that serves only one entity within the city limits of that entity. Motion by Council Member Freed, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: 8 11/15/05 Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate RESOLUTION NO. 2005-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS — CITY OF GRAPEVINE WATER FACILITIES CONTRACT (TARRANT COUNTY WATER PROJECT); AND PROVIDING AN EFFECTIVE DATE ITEM 12. CHANGE ORDERS NOS. 2, 3, 4 AND 5 WATER TREATMENT PLANT PROJECT Deputy Director of Public Works Laster recommended approval of the ratification of Change Orders Nos. 2, 3 and 4, in the respective amounts of $2,002.00, $9,922.00 and $7,956.00 for the Water Treatment Plant Project previously approved by Staff and approval of Change Order No. 5 in the amount of$9,361.00. The Water Treatment Plant and Hilton Lift Station required enlarged facilities to keep up with demand created by growth in the Grapevine Utility System. Motion by Council Member Johnson, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 13. ORDINANCE, TRANSER CABLE FRANCHISE, COMCAST TO TIME WARNER INC. Assistant to the City Manager Jennifer Hibbs requested approval of an ordinance transferring a cable franchise from Comcast to Time Warner Inc. Earlier this year Comcast filed the necessary paperwork to transfer the Grapevine system to C-Native Exchange III, a subsidiary of Time Warner, as a part of the acquisition of Adelphia Communications. Connie Canady has reviewed the transfer on behalf of many of the local Comcast cities and finds the filing satisfactory. None of the basic premises of the franchise will change, including our rate of compensation, which is 5% of gross revenues. Council Member Spencer requested the Time Warner representative, Ms. Susan Patton, to recommend to Time Warner that more family oriented programs be available to citizens. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: 9 11/15/05 Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ORDINANCE NO. 2005-86 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, PROVIDING CONDITIONAL APPROVAL OF CONSENT OF THE TRANSFER OF A CABLE FRANCHISE AGREEMENT FROM COMCAST CABLE OF TEXAS II, INC. TO C-NATIVE EXCHANGE II, L. P. ; PROVIDING FOR THIS ORDINANCE TO BECOME NULL AND VOID IN CERTAIN CIRCUMSTANCES AS SET FORTH HEREIN; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 14. ORDINANCE, DENY 2004 GAS RELIABILITY INFRASTRUCTURE RATE INCREASE, ATMOS ENERGY Assistant to the City Manager Hibbs requested approval of an ordinance denying a 2004 Gas Reliability Infrastructure rate increase request made by Atmos Energy. Atmos had filed for a 2004 rate increase under the GRIP statute (Gas Reliability Infrastructure Row Program). The rate increase would cost the average residential ratepayer .29¢ per month. The average commercial ratepayer would pay an additional .98¢ per month and the average industrial user would pay $26.85 more per month. Consultants working on behalf of the Atmos Cities Steering Committee (ACSC) have reviewed the filing and find that the increase will produce a greater rate of return for the company than was authorized by the Railroad Commission in Gas Utilities Docket 9400. Motion by Council Member Spencer, seconded by Council Member Freed, to approve the ordinance as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ORDINANCE NO. 2005-87 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN 10 11/15/05 THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO 51, 11 HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 15. RESOLUTION, SHOW CAUSE RESPONSE TO 2004 GRIP RATE INCREASE REQUEST, ATMOS ENERGY Assistant to the City Manager Hibbs requested approval of a show cause resolution in response to a 2004 GRIP rate increase request made by Atmos Energy. Municipalities have original jurisdiction over gas utility rates within their city. Municipalities have authority under the Gas Utility Regulatory Act ("GURA") to initiate a proceeding to determine whether the existing rates being charged by a gas utility are unreasonable or in violation of the law. This resolution exercises that authority and requires Atmos Mid-Tex Division to file a rate- filing package with the City in order for the City to determine whether Atmos' rates are excessive. Motion by Council Member Spencer, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate RESOLUTION NO. 2005-54 A RESOLUTION BY THE CITY OF GRAPEVINE, TEXAS, ORDERING ATMOS ENERGY, MID-TEX DIVISION TO SHOW CAUSE REGARDING THE REASONABLENESS OF ITS EXISTING NATURAL GAS DISTRIBUTION RATES WITHIN THE CITY; REQUIRING ATMOS ENERGY, MID-TEX DIVISION TO SUBMIT A RATE PACKAGE BASED ON A RATE YEAR ENDING JUNE 30, 2005; DIRECTING THAT SUCH FILING SHALL BE MADE BY DECEMBER 31, 2005; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL 11 11/15/05 AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL AND PROVIDING AN EFFECTIVE DATE ITEM 16. RESOLUTION, REGIONAL RAIL AUTHORITY Assistant to the City Manager Hibbs requested approval of a resolution regarding the formation of a Regional Rail Authority. A group of all of the state senators, state representatives, mayors and transportation providers in the Metroplex has been formed to study the feasibility of a Metroplex Regional Rail Project that could be funded through a half cent sales tax above the current cap of 8.25%. This project would provide seamless rail transportation between residents in Collin, Tarrant, Dallas, Johnson, Ellis and Denton counties. The Committee will begin meeting in December to work to complete their report by September 2006. Motion by Council Member Stewart, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate RESOLUTION NO. 2005-55 WWI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, SUPPORTING THE REGIONAL TRANSIT INITIATIVE FOR NORTH CENTRAL TEXAS AND PROVIDING AN EFFECTIVE DATE ITEM 17. GRAPEVINE EXCURSIONS TOURING AND SIGHTSEEING SERVICE APPLICATION Lieutenant Ken Murray presented the application submitted by Mr. Jim Vallilee, of Grapevine Excursions, for a touring and sightseeing service. Mr. Vallilee reported the amphibious sightseeing service would consist of one vehicle and three operators. The proposed route would include the Fairway Drive/Grapevine Mills area. The guests would be picked up and returned to the Gaylord Texan Resort and Convention Center on Lake Grapevine. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as presented prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate 12 11/15/05 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 Pro Tern Ware 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 18. Ordinance, Amend Chapter 23 Traffic, Stop Signs Public Works Director recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23 Traffic relative to the removal of stop signs on Dooley Street at the Cotton Belt Railroad crossing. Motion by Council Member Freed, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ORDINANCE NO. 2005-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-30 RELATIVE TO STOP INTERSECTIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 19. Resolution, Express Intent to Finance Expenditures Administrative Services Director recommended approval of a resolution expressing intent to finance expenditures to be incurred for vehicles, equipment and street improvements in an amount not to exceed $3,700,000.00. Motion by Council Member Freed, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: 13 11/15/05 Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate RESOLUTION NO. 2005-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED FOR ACQUISITION OF VEHICLES, EQUIPMENT AND STREET IMPROVEMENTS AND PROVIDING AN EFFECTIVE DATE Item 20. Resolution, Fibertower, Inc. Lease, Minters Chapel Monopole Assistant to the City Manager recommended approval of a resolution authorizing a lease agreement with Fibertower, Inc. for the collocation of antennae on the Minters Chapel Monopole. Motion by Council Member Freed, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate RESOLUTION NO. 2005-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING A TOWER/GROUND LEASE AGREEMENT WITH FIBERTOWER CORPORATION FOR THE INSTALLATION OF COMMUNICATIONS EQUIPMENT AND PROVIDING AN EFFECTIVE DATE Item 21. Resolution, Fibertower, Inc. Lease, Barton Street Water Tower Assistant to the City Manager recommended approval of a resolution authorizing a lease agreement with Fibertower, Inc. for the collocation of antennae on the Barton Street Water Tower. Motion by Council Member Freed, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate 14 11/15/05 RESOLUTION NO. 2005-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING A TOWER/GROUND LEASE AGREEMENT WITH FIBERTOWER CORPORATION FOR THE INSTALLATION OF COMMUNICATIONS EQUIPMENT AND PROVIDING AN EFFECTIVE DATE Item 22. Resolution, Donation of Fire Nozzles and Rescue Tools Fire Chief recommended approval of a resolution authorizing the donation of fire nozzles and rescue tools to Hopkins County Fire Services. Motion by Council Member Freed, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate RESOLUTION NO. 2005-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DECLARING CERTAIN PROPERTY SURPLUS AND/OR SALVAGE; PROVIDING FOR THE DONATION OF SAID PROPERTY TO THE HOPKINS COUNTY FIRE SERVICES; AND PROVIDING AN EFFECTIVE DATE Item 23. Resolution, Sole Source, Convention and Visitors Bureau Concierge and Information Booth, Gaylord Texan Resort and Convention Center on Lake Grapevine Convention and Visitors Bureau Director recommended approval of a resolution declaring Fauxcades, Inc. a sole source provider for the construction of a concierge and information booth in the total amount of $17,640.00 for the Convention and Visitors Bureau at the Gaylord Texan Resort and Convention Center on Lake Grapevine. Motion by Council Member Freed, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate 15 11/15/05 RESOLUTION NO. 2005-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE CONSTRUCTION OF A CONCIERGE/INFORMATION BOOTH AT THE GAYLORD HOTEL AND AUTHORIZING THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 24. Ordinance, Abandon Sanitary Sewer Easement, Lot 5R, G. E. Hurst Addition Public Works Director recommended approval of an ordinance abandoning a sanitary sewer easement along the eastern portion of Lot 5R, G. E. Hurst Addition. Motion by Council Member Freed, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ORDINANCE NO. 2005-89 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A SANITARY SEWER EASEMENT IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Item 25. Consideration of Minutes City Secretary recommended approval of the minutes of the November 1, 2005 City Council meetings as published. Motion by Council Member Freed, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-57 TGI FRIDAY'S AT DALLAS/FORT WORTH INTERNATIONAL AIRPORT 16 11/15/05 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU05-57 filed by TGI Friday's at Dallas/Fort Worth International Airport, 2000 International Parkway, Terminal B, Columns 32 and 35 granting a conditional use permit to amend the site plan approved by Ordinance No. 2004-33 to extend the alcoholic beverage consumption area and dining area. 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: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ORDINANCE NO. 2005-90 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU05-57 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2004-33 TO EXPAND THE ALCOHOLIC BEVERAGE CONSUMPTION AREA AND DINING AREA 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 27. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU05-59 BONE DADDY'S Chairman Oliver reported the Planning & Zoning Commission voted to table Conditional Use Application CU05-59 filed by Bone Daddy's to December 20, 2005 for the applicant 17 11/15/05 to realign the proposal to meet the masonry and landscape requirements of the City's ordinances. The property is located at 1720 William D. Tate Avenue. Council Member Freed, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and table the item to December 20, 2005. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 28. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT APPLICATION PD05-04 BONE DADDY'S Chairman Oliver reported the Planning & Zoning Commission voted to table Planned Development Application PD05-04 filed by Bone Daddy's to the December 20, 2005 meeting. Council Member Wilbanks, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and table the item to December 20, 2005. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed '""" Nays: None Absent: Tate ITEM 29. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, BONE DADDY'S ADDITION Chairman Oliver reported the Planning & Zoning Commission voted for denial of the final plat and a waiver for the reapplication of Lot 1, Block 1, Bone Daddy's Addition. The property is located at 1720 William D. Tate Avenue and a restaurant is planned to be developed on the property. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation for denial of the final plat and a waiver of the reapplication fee. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 30. PLANNING & ZONING COMMISSION RECOMMENDATION PLANNED DEVELOPMENT PD05-05 GAMESTOP 18 11/15/05 Chairman Oliver reported the Planning & Zoning Commission voted 6-1 for denial of Planned Development Application PD05-05 filed by Gamestop located at 625 Westport Parkway requesting a planned development overlay for parking in the front yard landscape setback. Council Member Freed, seconded by Council Member Johnson, offered a motion for approval of Planned Development PD05-05 filed by Gamestop. The motion failed by the following vote: Ayes: Ware, Johnson, Stewart & Freed Nays: Spencer& Wilbanks Absent: Tate ITEM 31. PLANNING & ZONING COMMISSION RECOMMENDATION SPECIAL USE APPLICATION SU05-04 CINGULAR WIRELESS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Special Use Application SU05-04 filed by Cingular Wireless granting a special use permit for the installation of cellular antennas on the existing AmeriSuites Hotel located at 2220 West Grapevine Mills Circle. Council Member Spencer, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the special use permit. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ORDINANCE NO. 2005-91 AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 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 SPECIAL USE PERMIT SU05-04 FOR THE INSTALLATION OF CELLULAR ANTENNA ARRAYS ON AN EXISTING STRUCTURE IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING 19 11/15/05 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 HISTORICAL LANDMARK APPLICATION HL05-09 SIMMONS-POWERS RESIDENCE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historical Landmark Application HL05-09 filed by Michael and Lisa Buick granting a historical landmark subdistrict overlay on property located at 320 East Texas Street and known as the Simmons-Powers Residence. Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the historical landmark overlay. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed "' Nays: None Absent: Tate ORDINANCE NO. 2005-92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTRICT HL05-09 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA LEGALLY DESCRIBED AS TRACT 62C, ABSTRACT 422, WILLIAM DOOLY SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE SIMMONS-POWERS RESIDENCE 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 DOLLARS ($2,000.00) FOR EACH OFFENSE, 20 11/15/05 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 33. PLANNING & ZONING COMMISSION RECOMMENDATION. HISTORICAL LANDMARK APPLICATION HL05-10 TRICE-LUCAS RESIDENCE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Historical Landmark Application HL05-10 filed by Roger Gaultry granting a historical landmark subdistrict overlay on property located at 513 East Texas Street and known as the Trice-Lucas Residence. Council Member Stewart, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance granting the historical landmark overlay. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ORDINANCE NO. 2005-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS DESIGNATING A HISTORIC LANDMARK SUBDISTRICT HL05-10 IN ACCORDANCE WITH SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX "D" OF THE CODE OF ORDINANCES), DESIGNATING THE AREA PLATTED AS LOT 2, BLOCK 1, VINSON ADDITION AND MORE SPECIFICALLY DESCRIBED HEREIN, IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; PROVIDING FOR THE ADOPTION OF THE TRICE-LUCAS 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 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 21 11/15/05 ITEM 34. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND GRAPEVINE CODE OF ORDINANCES, APPENDIX D, COMPREHENSIVE ZONING ORDINANCE NO. 82-73, AS AMENDED, , SECTION 49 SPECIAL USES, SECTION 52 TREE PRESERVATION AND SECTION 60 SIGN STANDARDS Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance, No. 82-73, as amended, Section 49 Special Uses, Section 52 Tree Preservation and Section 60 Sign Regulations. Council Member Freed, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the ordinance amending Appendix D of the Code of Ordinances The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ORDINANCE NO. 2005-94 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 49 SPECIAL USES; SECTION 52 TREE PRESERVATION AND SECTION 60 SIGN REGULATIONS; 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 35. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOTS 1R AND 1R1, BLOCK 2, A. F. LEONARD ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 1R and 1R1, Block 2, A. F. Leonard Addition. The 1.767 acre property is located at the northwest corner of Dooley and Wall Streets and is being divided into two lots. Council Member Johnson, seconded by Council Member Spencer, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the 22 11/15/05 final plat of Lots 1R and 1R1, Block 2, A. F. Leonard Addition. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ITEM 36. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 1, BLOCK 1, ENGLISH GRAPEVINE CONGREGATION OF JEHOVAH WITNESSES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 1, Block 1, English Grapevine Congregation of Jehovah Witnesses. The 1.066 acre property is located at 3408 Hall-Johnson Road and is being platted for a parking lot on an existing church property. Council Member Stewart, seconded by Council Member Johnson, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 1, Block 1, English Grapevine Congregation of Jehovah Witnesses. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate ADJOURNMENT Council Member Freed, seconded by Council Member Johnson, offered a motion to adjourn the meeting at 9:30 p.m. The motion prevailed by the following vote: Ayes: Ware, Spencer, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Tate PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of December, 2005. APPROVED: 40:41it`' William D. Tate Mayor 23 11/15/05 ATTEST: Linda Huff IreZ City Secretary MVO 24