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HomeMy WebLinkAboutItem 08 - Minutes09/11/07 the second public hearing, the meeting for approval of the tax rate and adopting the budget is scheduled for September 18, 2007. Mayor Tate invited guests present to comment regarding the proposed tax rate. No one wished to speak and there was no correspondence to report. 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, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 2. PUBLIC HEARING, FISCAL YEAR 2007-2008 BUDGET Mayor Tate declared the public hearing open. City Manager Rumbelow advised that to be in compliance with the "truth -in -taxation" laws the City of Grapevine published its "effective" and "rollback" tax rates in the Fort Worth Star -Telegram and has held public hearings on the proposed tax rate as required. City Manager Rumbelow presented the proposed budget for Fiscal Year 2007-2008 (FY2008) noting the budget proposal responds to the Council's priorities and represents a continuing commitment to prudent fiscal management while providing essential services to the community. Mr. Rumbelow stated the budget has been prepared with the goals in mind of addressing needs to place the City in a sound financial footing; addressing the pay plan with a 4% market adjustment, 3% merit and 5% step plan. He reviewed the new funds as a result of the successful election held in November, 2006: the 4B Fund, the Crime Control and Prevention District Fund and the Community Quality of Life Fund. The budget includes fund expenditures in the following amounts: General Fund $50,127,185 Utility Enterprise Fund 19,525,861 Debt Service Fund 12,687,495 Convention & Visitors Bureau Fund 15,661,264 Lake Enterprise Fund 3,170,095 Streets & Drainage Capital Projects 10,495,000 Permanent Street Maintenance Fund 1,180,000 General Permanent Capital Maintenance Fund 675,076 Utility Permanent Capital Maintenance Fund 1,000,000 Stormwater Drainage Fund 2,159,034 Lake Parks Fund 751,062 Water System Capital Projects 4,261,370 Wastewater System Capital Projects 1,147,578 4B Fund 8,362,480 Crime Control & Prevention District Fund 11,424,605 0 09/11/07 Community Quality of Life Fund 4,502,417 Buildings & Facilities Capital Projects 1,923,000 Traffic Improvements Capital Projects 542,999 Parks & Beautification Capital Projects 4,902,417 Capital Equipment Acquisitions 1,907,669 City Manager Rumbelow stated that the meeting for approval of the tax rate and adopting the budget is scheduled for September 18, 2007. Mayor Tate invited guests present to comment regarding the proposed budget. No one wished to speak and there was no correspondence to report. Council Member Freed, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ' � • itL=1►11� Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 5:12 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of October, 2007. ATTEST: Linda Huff City Secretary N William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Workshop on this the 18th day of September, 2007 at 6:20 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate Ted R. Ware Sharron Spencer C. Shane Wilbanks Roy Stewart Darlene Freed Mike Lease Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Mayor Tate called the meeting to order at 6:27 p.m. ITEM 1. UPDATE OAK GROVE BASEBALL COMPLEX RENOVATION Parks & Recreation Director Doug Evans stated that the renovation of the Oak Grove Baseball Complex was one of the first Quality of Life projects approved by the City Council as a result of the November, 2006 election. The proposed renovation includes the redesign/redevelopment of six of the nine ball fields, a restroom/concession facility, parking and landscaping. Representatives of HNTB reviewed two concept plans as well as the proposed signage and the timeframe for design and construction. It was noted design would be completed by the end of the year, the project bid in January with construction planned to begin around June 1, 2008. It will take approximately seven months to complete the project. There was no formal action taken by the City Council. ITEM 2. CRIME STATISTICS REPORT Police Chief Eddie Salame compared crime statistics from 2002 to June 30, 2007 and noted that overall crime has remained level during that time period considering the changes in the community relative to tourism and additional traffic. He stated that Community 09/18/07 Oriented Policing has been a positive for the City, as well as the Citizens on Patrol Program. Chief Salame reviewed the number of patrol officers covering the community and stated that the overlapping of shift hours (8, 10 and 12) allows patrol coverage where it is needed most in the community. Chief Salame stated that the Police Department maintains a good working relationship with the news media to ensure that accurate information is released regarding any incidents occurring in Grapevine. There was no action taken by the City Council. ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the workshop at 7:16 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of October, 2007. ATTEST: Linda Huff City Secretary K William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Executive Session on this the 18th day of September, 2007 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate Ted R. Ware Sharron Spencer C. Shane Wilbanks Roy Stewart Darlene Freed Mike Lease Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the City Staff: Bruno Rumbelow City Manager Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary xwlk• ••� Mayor Tate called the meeting to order at 7:16 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. 09/18/07 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 9:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of October, 2007. ATTEST: Linda Huff City Secretary K' William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council and the Planning & Zoning Commission of the City of Grapevine, Texas met in Regular Joint Session on this the 18th day of September, 2007 at 7:30 p.m. in the City Council Chambers, Second Floor, 200 South Main Street, with the following members of the City Council present to -wit: William D. Tate Ted R. Ware Sharron Spencer C. Shane Wilbanks Roy Stewart Darlene Freed Mike Lease Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member constituting a quorum, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Herbert Fry Vice Chairman Chris Coy Member Danette Murray Member Betty "BJ" Wilson Member Mark Lowery Member Monica Hotelling Member Jim Fechter Alternate Gary 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 John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:37 p.m. INVOCATION Commissioner Fry delivered the Invocation. ITEM 1. PUBLIC HEARING ZONING APPLICATION Z07-12 AMINO ENTERPRISES 09/18/07 Mayor Tate declared the public hearing open. Planning & Development Manager Ron Stombaugh reported that Zoning Application Z07-12 had been filed by Amino Enterprises requesting rezoning of approximately 2.74 acres located at 3091 West Dove Road from "CN" Neighborhood Commercial District Regulations to "PO" Professional Office District Regulations. The applicant proposes to develop two two-story office buildings. The first phase will contain an 11,099 square foot building and the second phase will contain a 6,700 square foot building. The subject site will have access to Dove Road and Kimball Road. Mr. Konstantine Bakintas and Ms. Joanna Kepler requested favorable consideration of the application. City Council and the Planning & Zoning Commission questioned the accessibility of the property from the Carroll Independent School District and the driveway into the private parking garage. It was noted that the property owner had not expressed a concern relative to the access from the school district. Staff noted that the driveway was for private use only and the zoning ordinance did not prohibit it. 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 Murray, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Lowery & Hotelling 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, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 2. PUBLIC HEARING CONDITIONAL USE APPLICATION CU07-20 TASTINGS FINE WINE AND ARTS CONDITIONAL USE APPLICATION CU07-21 TASTINGS RESTAURANT AND BAR Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised Conditional Use Application CU07-20 and CU07-21 had been filed by Tastings Fine Wine and Arts and Tastings Restaurant and Bar, respectively. CU07-20 requests a conditional use permit for the possession, storage, retail sale and off -premise consumption of alcoholic beverages (beer 2 09/18/07 and wine only) in conjunction with a 340 square foot retail store and is located at 909 South Main Street, Suite #109. CU07-21 requests a conditional use permit for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a 2,358 square foot restaurant with total seating for 87 including 32 outside. The property is located at 909 South Main Street, Suite #110. The subject property is zoned "MXU" Mixed Use District Regulations. Mr. Scott Summers requested favorable consideration of the application noting there would not be any cross access between the buildings. The restaurant would be open seven days a week beginning at 11 a.m. and Monday, Tuesday and Wednesday until 10 p.m., Thursday 11 p.m., Friday and Saturday until 12 a.m. and Sunday until 8 p.m. He stated that the retail store would have fewer hours than the restaurant. Council discussion ensued that it was their understanding the Fairfield Development Project was limited to retail stores only on the first floor with offices and apartments above. Staff noted that the "MXU" District allows restaurants as a permitted use. Mr. Brent Ball, representing Fairfield Development, stated that the restaurant would only be 10% of the retail space and that it would provide a balance between the remainder of the retail stores in the project. Following discussion, Mr. Summers requested the case be tabled to the October 16, 2007 meeting. Commissioner Coy, seconded by Commissioner Murray, offered a motion to table the public hearing to the October 16, 2007 meeting. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Lowery & Hotelling Nays: None Council Member Freed, seconded by Council Member Spencer, offered a motion to table the public hearing to the October 16, 2007 meeting. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None Mayor Tate announced that there would not be additional notification of the case and that anyone interested in the case should attend the October 16, 2007 meeting. Council directed Staff to research records prior to the October 16th meeting regarding the proposed development of the first floor of the Fairfield Project. ITEM 3. PUBLIC HEARING CONDITIONAL USE APPLICATION CU07-23 HYATT PLACE K 09/18/07 Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised that Conditional Use Application CU07-23 had been filed by Hyatt Place requesting a conditional use permit to amend the site plan approved by Ordinance No. 98-151 for the possession, storage, retail sale and on - premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a cafe in the lobby of the hotel. The cafe will have seating for 56 guests. The subject property is located at 2220 Grapevine Mills Circle West and is zoned "CC" Community Commercial District Regulations. Mr. Bryan Kline and Mr. David Gould 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 Fry, 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, Lowery & Hotelling Nays: None Mayor Pro Tem Ware, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 4. PUBLIC HEARING CONDITIONAL USE APPLICATION CU07-26 TEXAS NISSAN OF GRAPEVINE Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh advised that Conditional Use Application CU07-26 had been filed by Texas Nissan of Grapevine requesting a conditional use permit to amend the site plan approved by Ordinance No. 99-184 for a 1,964 square foot addition to the new car sales building. The subject property is located at 1401 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. Mr. Jim Stevenson requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. 09/18/07 Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported there was one letter of support for the case. Commissioner Coy, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Lowery & Hotelling Nays: None Council Member Wilbanks, seconded by ,Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 5. PUBLIC HEARING CONDITIONAL USE APPLICATION CU07-27 M & S TIMBERLINE Mayor Tate declared the public hearing open. Planner & Development Manager Stombaugh advised that Conditional Use Application CU07-27 had been filed by M & S Timberline requesting a conditional use permit to amend the site plan approved by Ordinance No. 2006-07 for development of a 6,400 square foot medical office building on property located at 2700 William D. Tate Avenue. The property is zoned "PO" Professional Office District Regulations. Mr. Mike Wright requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Murray, seconded by Commissioner Hotelling, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Fry, Murray, Wilson, Lowery & Hotelling 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: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None 5 09/18/07 • `' ` i '" •i •'i ` APPENDIX D THE COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED SECTION 20 "R-TH" TOWNHOUSE DISTRICT REGULATIONS ALL APPLICABLE SECTIONS RELATIVE TO ELIMINATION OF PUBLIC UTILITY USES Mayor Tate declared the public hearing open. Planning & Development Manager Stombaugh reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, the Comprehensive Zoning Ordinance No. 82-73, as amended, Section 20 "R-TH" Townhouse District Regulations to revise the section and Sections 13 "R-20" Single -Family District Regulations, Section 14 "R-12.5" Single -Family District Regulations, Section 15 "R-7.5" Single -Family District Regulations, Section 16 "R-5.0" Zero -Lot -Line District Regulations, Section 17 "R-3.5" Two -Family District Regulations, Section 18 "R-3.75' Three -and Four -Family District Regulations, Section 21 "R -MF -1" Multifamily District Regulations, Section 22 "R -MF -2" Multifamily District Regulations, Section 22A "R-MODH" Modular Home District Regulations, Section 23 "LB" Limited Business District, Section 24 "CN" Neighborhood Commercial District Regulations, Section 26 "HC" Highway Commercial District, Section 27 "PO" Professional Office District Regulations and Section 29 "HCO" Hotel and Corporate Office District of the zoning ordinance relative to the elimination of public utility uses as a permitted use. Discussion ensued regarding allowing the use of the Planned Development Overlay relative to front entry garages on less than 40 feet in width and on private streets less than 31 feet in width in the "R-TH" Townhouse District. Following discussion, it was the consensus of the City Council and the Planning & Zoning Commission that the proposed ordinance be revised to include the following addition to Subsection 20.M.9 "A planned development overlay shall not be used to deviate from this requirement." Mr. Stombaugh reviewed the proposed amendments to all applicable sections of the zoning ordinance relative to the elimination of public utility uses as a permitted use and make it a special use provision which would require approval of the City Council and the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the proposed amendments. No one wished to speak and there was no correspondence to report. Commissioner Fry, 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, Lowery & Hotelling Nays: None Council Member Lease, seconded by Council Member Stewart, offered a motion to close the public hearing. The motion prevailed by the following vote: N 1• 1 Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. The City Council remained in session in the Council Chambers to consider published business. ITEM 6A. CITIZEN COMMENTS MR. AND MRS. RON STACY Ron and Barbara Stacy, 21St Annual GrapeFest Chairpersons, expressed their appreciation to the City Council for allowing them to serve as Chairpersons of the festival. He stated that they were impressed with the Council for their leadership and promotion of the City of Grapevine. He thanked the Convention & Visitors Bureau Staff for their incredible organization, especially Donna Love and Gayle Hall, and voiced his gratitude for the opportunity to learn more about the Sister City Programs. ITEM 6B. CITIZEN COMMENTS MR. RON DYER Mr. Ron Dyer, 2845 West Court, thanked for the Mayor and City Council for being good stewards of the City and their excellent Master Planning of the City during the City-wide rezoning in the 1980's. He expressed his appreciation for City Staff, and the jobs they perform. He requested that the City Council consider forming a committee to recognize and honor Mayor Pro Tem Ted R. Ware for his years of service to the community. He stated that Mr. Ware had served on the Planning & Zoning Commission for 10 years prior to serving on the Council for 28 years. He stated that too many times we wait too late to recognize and honor one's contributions and service to the community. ITEM 7. ORDINANCE ADOPT FISCAL YEAR 2007-2008 BUDGET City Manager Bruno Rumbelow recommended approval of an ordinance adopting the Fiscal Year 2007-2008 budget. The budget includes the programs discussed at the City Council workshop held on August 6, 2007 and the public hearing on September 11, 2007. Mr. Rumbelow stated the budget has been prepared with the goals in mind of addressing needs to place the City in a sound financial footing with a 20% fund balance, addressing pay raises, implementing a pay as you go policy, as well as a new fleet policy. The FY 2007-2008 budget, as presented, requires a tax rate of $0.3625 and contains fund expenditures in the following amounts: 0 09/18/07 General Fund $50,127,185 Utility Enterprise Fund 19,847,132 Debt Service Fund 12,687,495 Convention & Visitors Bureau Fund 15,661,264 Lake Enterprise Fund 3,170,095 Streets & Drainage Capital Projects 10,495,000 Permanent Street Maintenance Fund 1,180,000 General Permanent Capital Maintenance Fund 675,076 Utility Permanent Capital Maintenance Fund 1,000,000 Stormwater Drainage Fund 2,159,034 Lake Parks Fund 751,062 Water System Capital Projects 4,261,370 Wastewater System Capital Projects 1,147,578 4B Fund 8,362,480 Crime Control & Prevention District Fund 11,424,605 Community Quality of Life Fund 4,502,417 Buildings & Facilities Capital Projects 1,923,000 Traffic Improvements Capital Projects 542,999 Parks & Beautification Capital Projects 4,902,417 Capital Equipment Acquisitions 1,907,669 Discussion ensued relative to the next item on the agenda that requires the City Council to ratify the proposed property tax increase and the assumption that the tax rate would be increasing. City Manager Rumbelow stated that the even though the tax rate of $0.3625 is the same as it has been for the previous two years, because it exceeds the effective rate of $0.3449, a motion to ratify the proposed rate of $0.3625 is legally required. He stated that in addition to the other requirements associated with the approval of a tax rate that is above the calculated effective tax rate (two public hearings plus special wording in the tax rate ordinance), the Legislature amended State law requirements in adopting a budget and tax rate. He stated that adoption of a budget that will require raising more revenues from property taxes than the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. Mayor Tate stated it concerns him that it might appear to the citizens that the Council did not keep their word to not increase taxes if the sales tax election was passed. Council Member Freed said the City newsletter should include an article informing the public that the City Council did not increase the tax rate. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None NORMA 11 ORDINANCE NO. 2007-47 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, 2007 AND ENDING SEPTEMBER 30, 2008; PROVIDING FOR INTRA- AND INTER- DEPARTMENTAL FUND TRANSFERS; PROVIDING FOR INVESTMENT OF CERTAIN FUNDS; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE City Manager Rumbelow recommended the City Council consider a motion to ratify the proposed property tax increase which will produce more tax revenue than the tax rate of the previous year. Motion by Council Member Freed, seconded by Mayor Pro Tem Ware, to approve the motion to ratify the proposed property tax increase as mandated by State law prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 9. ORDINANCE ADOPT TAX RATE FISCAL YEAR 2008 City Manager Rumbelow recommended approval of an ordinance adopting the tax rate for Fiscal Year 2008 of $0.3625 per $100 valuation apportioned as follows: General Fund, a tax rate of $0.1275 per $100 value and Debt Service, a tax rate of $0.2350 per $100 value. Motion by Council Member Freed, seconded by Council Member Wilbanks, to adopt the ordinance that the property taxes be increased by adoption of a tax rate of $0.3625 as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-48 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SETTING THE ANNUAL TAX RATE FOR TAX YEAR 2007; LEVYING TAXES FOR THE TAX YEAR 2007 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING g 09/18/07 PENALTIES AND INTEREST FOR THE DELINQUENT TAXES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 10. ORDINANCE AMEND CHAPTER 23 TRAFFIC Deputy Director of Public Works Stan Laster recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 23, Traffic to impose "no parking" on both sides of Texan Trail (BS 114L) from State Highway 26 to State Highway 114. Motion by Council Member Spencer, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-49 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23 TRAFFIC, SECTION 23-63 RELATIVE TO NO PARKING ZONES, RESTRICTED PARKING ZONES; AUTHORIZING THE ERECTION OF TRAFFIC REGULATION SIGNS; 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 11. ENVIRONMENTAL COLLECTION CENTER AND HOUSEHOLD HAZARDOUS WASTE PROGRAM INTERLOCAL AGREEMENT CITY OF FORT WORTH Environmental Manager Nathan Loftice 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. The cost charged to the City in Fiscal Year 2008 for each household that utilizes the service will be $47.00 per household. Motion by Council Member Wilbanks, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None IN 09/18/07 ITEM 12. MEMORANDUM OF AGREEMENT OPRYLAND HOTEL—TEXAS LIMITED PARTNERSHIP DBA GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE EXPANSION Deputy Director of Public Works Laster recommended approval of a Memorandum of Agreement with Opryland Hotel—Texas Limited Partnership dba Gaylord Texan Resort & Convention Center on Lake Grapevine relative to the expansion of the resort site utilizing Corps of Engineers Fee Land currently leased to the City. The Memorandum of Understanding (MOU) is the first step in the process of obtaining permitting from the Corps for these improvements once the Tiered Environmental Assessment (TEA) addressing the planned improvements has been completed. In the agreement, the Corps is requiring $81,000 from the City, for their anticipated costs in the review and preparation of the Tiered Environmental Assessment. The City, through Gaylord's consultant, will prepare the Environmental Information Document (EID) from which the Corps will prepare the TEA. Opryland Hotel—Texas Limited Partnership has agreed to furnish these funds to the City under this Memorandum of Agreement. Motion by Council Member Freed, seconded by Mayor Pro Tem Ware, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 13. MEMORANDUM OF UNDERSTANDING UNITED STATED ARMY CORPS OF ENGINEERS, GAYLORD TEXAN RESORT AND CONVENTION CENTER ON LAKE GRAPEVINE EXPANSION Deputy Director of Public Works Laster recommended approval of a Memorandum of Understanding with the United States Army Corps of Engineers relative to the expansion of the Gaylord Texan Resort & Convention Center on Lake Grapevine site on Corps of Engineers Fee Land. The Memorandum of Understanding (MOU) is the first step in the process of obtaining permitting from the Corps for these improvements once the Tiered Environmental Assessment (TEA) addressing the planned improvements has been completed. In the agreement, the Corps is requiring $81,000 from the City, for their anticipated costs in the review and preparation of the Tiered Environmental Assessment (TEA). The City, through Gaylord's consultant, will prepare the Environmental Information Document (EID) from which the Corps will prepare the TEA. Gaylord is furnishing these funds to the City under a Memorandum of Agreement between the City and Gaylord. Motion by Council Member Stewart, seconded by Council Member Lease, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None 11 09/18/07 ITEM 14. ORDINANCE ABANDON COUNTY ROAD 3030 Deputy Director of Public Works Laster recommended approval of an ordinance abandoning a 0.1019 acre portion of County Road 3030 right of way south of Sky Harbor Addition extending over a length of approximately 140 LF. Motion by Council Member Freed, seconded by Mayor Pro Tem Ware, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING THE CITY OF GRAPEVINE'S RIGHTS IN A SEGMENT OF COUNTY ROAD 3030 RIGHT OF WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY 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 15. Reject Bids, Replacement Pumps, Denton Creek Lift Station Public Works Director recommended approval of the rejection of all bids received for the replacement of pumps at the Denton Creek Lift Station. Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None Item 16. Resolution Sole Source Provider Infield Soil Turf Mixture Parks & Recreation Director recommended approval of a resolution declaring MasterTurf Products and Services, Inc. a sole source provider for infield soil turf mixture and conditioner in the amount of $95,000.00 and establishing an annual contract. 12 09/18/07 Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None RESOLUTION NO. 2007-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF BASEBALL FIELD MATERIAL; DETERMINING THAT THE MATERIAL IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 17. Resolution, Sole Source Provider Library Information System Software Server and Peripheral Maintenance Contract Renewal Assistant City Manager recommended approval of a resolution declaring SirsiDynix, Inc. a sole source provider for renewal of the contract covering software, server and peripheral maintenance for the Library Information System in the amount not to exceed $17,056.00. Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None RESOLUTION NO. 2007-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO THE PURCHASE OF A MAINTENANCE AGREEMENT; DETERMINING THAT THE MAINTENANCE IS AVAILABLE FROM ONLY ONE SOURCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND DOCUMENTS AND PROVIDING AN EFFECTIVE DATE Item 18. Authorize Purchase Freestanding Mezzanine Public Works Director and Convention & Visitors Bureau Director recommended approval of the purchase of a freestanding mezzanine from Space Maker Designs, Inc. in the amount of $31,460.00 for Fleet Services. 13 09/18/07 Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None Item 19. Consideration of Minutes City Secretary recommended approval of the minutes of the September 4, 2007 City Council meetings as published. Motion by Council Member Lease, seconded by Council Member Spencer, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION ZONING APPLICATION Z07-12 AMINO ENTERPRISES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z07-12 filed by Amino Enterprises granting rezoning of approximately 2.74 acres located at 3091 West Dove Road from "CN" Neighborhood Commercial District Regulations to "PO" Professional Office District Regulations. Council Member Wilbanks, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the ordinance granting the rezoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-51 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z07-12 ON A TRACT OF LAND OUT OF THE FRANKLIN WOOD SURVEY, ABSTRACT NO. 1688, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS TO "PO" PROFESSIONAL IE OFFICE DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-20 TASTINGS FINE WINE AND ARTS This item was tabled to October 16, 2007 during the public hearing portion of the meeting. ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-21 TASTINGS RESTAURANT AND BAR This item was tabled to October 16, 2007 during the public hearing portion of the meeting. ITEM 23. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-23 HYATT PLACE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU07-23 filed by Hyatt Place granting a conditional use permit to amend the site plan approved by Ordinance No. 98-151 for the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a caf6 in the hotel lobby. The subject property is located at 2220 Grapevine Mills Circle West and is zoned "CC" Community Commercial District Regulations. Council Member Freed, seconded by Mayor Pro Tern Ware, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None 15 ORDINANCE NO. 2007-52 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 CU07-23 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 98-151 FOR AN EXISTING HOTEL FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-26 TEXAS NISSAN OF GRAPEVINE Chairman Oliver reported that the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU07-26 filed by Texas Nissan of Grapevine granting a conditional use permit to amend the site plan approved by Ordinance No. 99-184 for an addition to the new car sales building. The subject property is located at 1401 West State Highway 114 and is zoned "CC" Community Commercial District Regulations. Council Member Wilbanks, seconded by Council Member Lease, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: 09/18/07 Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-53 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 CU07-26 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 99-184 FOR AN ADDITION TO AN EXISTING AUTOMOBILE DEALERSHIP IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU07-27 M & S TIMBERLINE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval with the stipulation that the monument sign be set back ten feet from the property line for Conditional Use Application CU07-27 filed by M & S Timberline granting a conditional use permit to amend the site plan approved by Ordinance No. 2006-07 for development of a medical office building on property located at 2700 William D. Tate Avenue. The property is zoned "PO" Professional Office District Regulation Council Member Spencer, seconded by Mayor Pro Tem Ware, offered a motion to accept the Commission's recommendation with the stipulation and approve the ordinance granting the conditional use permit. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None 17 09/18/07 ORDINANCE NO. 2007-54 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 CU07-27 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2005-69 FOR THE DEVELOPMENT OF A MEDICAL OFFICE IN A DISTRICT ZONED "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION AMENDMENTS GRAEPVINE CODE OF ORDINANCES APPENDIX D THE COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED SECTION 20 "R-TH" TOWNHOUSE DISTRICT REGULATIONS AND ALL SECTIONS TO ELIMINATE PUBLIC UTILITY USES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval with the date shown in Section 20 on page 4 as September 18, 2007 and that the last sentence of Subsection 20.M.10 be added to Subsection 20.M.9 of the "R-TH" Townhouse District Regulations and Sections 13 "R-20" Single -Family District Regulations, Section 14 "R-12.5" Single -Family District Regulations, Section 15 "R-7.5" Single -Family District Regulations, Section 16 "R-5.0" Zero -Lot -Line District Regulations, Section 17 "R-3.5" Two -Family District Regulations, Section 18 "R-3.75" Three -and Four -Family District Regulations, Section 21 "R -MF -1" Multifamily District Regulations, Section 22 "R -MF -2" Multifamily District Regulations, Section 22A "R-MODH" Modular Home District Regulations, Section 23 "LB" Limited Business District, Section 24 "CN" Neighborhood Commercial District Regulations, Section 26 "HC" Highway Commercial District, Section 27 "PO" Professional Office District Regulations and Section 29 "HCO" Hotel and Corporate Office District of the zoning ordinance be amended to eliminate public utility uses as a permitted use. Council Member Spencer, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation with the amendments and approve the ordinance amending the Grapevine Code of Ordinances. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None ORDINANCE NO. 2007-55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BY AMENDING SECTION 20 "R-TH" TOWNHOUSE DISTRICT AND AMENDMENTS TO ALL APPLICABLE SECTIONS OF THE ZONING ORDINANCE RELATIVE TO THE ELIMINATION OF PUBLIC UTILITY USES AS A PERMITTED USE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 9:00 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Spencer, Wilbanks, Stewart, Freed & Lease Nays: None PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of September, 2007. William D. Tate Mayor W ATTEST: Linda Huff City Secretary i• r 09/18/07