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HomeMy WebLinkAboutItem 25 - Minutes06/20/06 There was no formal action taken by the City Council or the Planning & Zoning Commission. FTAI• Council Member Wilbanks, seconded by Council Member Freed, offered a motion to adjourn the workshop at 7:40 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of July, 2006. Nuffam Linda Huff City Secretary 2 F.11 a William D. Tate Mayor STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session (Executive Session) on this the 20th day of June, 2006 at 7:00 p.m. in the City Council Conference Room, Second Floor, 200 South Main Street, with the following members present to -wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem C. Shane Wilbanks Council Member Clydene Johnson Council Member Roy Stewart Council Member Darlene Freed Council Member constituting a quorum, with Council Member Sharron Spencer absent, with the following members of the City Staff: 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 7:41 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 pursuant to 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. Assistant City Manager H. T. Hardy stated there was no action necessary relative to conference with City Manager pursuant to Section 551.087, Texas Government Code. Note: City Council continued with the Regular City Council meeting in open session in the Council Chambers. 06/20/06 ADJOURNMENT Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 10:06 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of July, 2006. ATTEST: Linda Huff City Secretary iq 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 20th day of June, 2006 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 C. Shane Wilbanks Clydene Johnson Roy Stewart Darlene Freed Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member constituting a quorum, with Council Member Sharron Spencer absent, with the following members of the Planning & Zoning Commission: Larry Oliver Chairman Chris Coy Member Betty "BJ" Wilson Member Rob Undersander Member Becky St. John Member Mark Lowery Alternate Andrea Roy Alternate constituting a quorum, with the following members of the City Staff: Jennifer Hibbs Assistant City Manager H. T. Hardy Assistant City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary Mayor Tate called the meeting to order at 8:00 p.m. INVOCATION Commissioner St. John delivered the Invocation. ITEM 1. PUBLIC HEARING CONDITIONAL USE APPLICATIOIN CU06-11 WILD WEST CUSTOM CYCYLES Mayor Tate declared the public hearing open. t Planner Ron Stombaugh reported the property owner had requested withdrawal of Conditional Use Application CU06-11 filed by Wild West Custom Cycles requesting a conditional use permit for motorcycle sales and service and the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine and mixed beverages) with outside dining in conjunction with a 9,476 square foot restaurant on property located at 204 North Dooley Street. The property is zoned "CC" Community Commercial District Regulations. The public hearing was continued from the May 16, 2006 meeting. Commissioner Coy, seconded by Commissioner Wilson, offered a motion for approval of the withdrawal of the conditional use application. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Murray Council Member Stewart, seconded by Council Member Johnson, offered a motion for approval of the withdrawal of the conditional use application. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 2. PUBLIC HEARING ZONING APPLICATION Z06-08 MR. DZEVAT TAIRI Mayor Tate declared the public hearing open. Planner Stombaugh reported Zoning Application Z06-08 had been filed by Mr. Dzevat Tairi for property located at 1565 South Gravel Circle requesting rezoning of approximately 0.241 acres from "R-20" Single Family District Regulations to "R-7.5" Single Family District Regulations for the development of a single family residence. Mr. Dzevat Tairi requested favorable consideration of the application. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Wilson, seconded by Commissioner Roy, offered a motion to close the public hearing. The motion prevailed by the following vote: 0 06/20/06 Ayes: Oliver, Coy, Wilson, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Murray Mayor Pro Tem Ware, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Mayor Tate declared the public hearing open. Planner Stombaugh advised Zoning Application Z06-09 had been filed by B & G Properties for property located at 2399 Lonesome Dove Road requesting rezoning of 4.124 acres from "R-20" Single Family District Regulations to "R-7.5" Single Family District Regulations for the development of 12 residential lots. Mr. Stombaugh advised there are 12 lots proposed with a density of 2.9 units per acre. Mr. Dino Idoski requested favorable consideration of the application. He stated the smallest lot would be 10,304 square feet, the largest lot would bel 7,300 square feet and the average lot would be 13,336 square feet. The homes would range from 3,200 - 4,200 square feet at a cost of $500,000.00 - $650,000.00. City Council and the Planning & Zoning Commission questioned how many lots would be lost if the property were to be zoned "R-12.5." Mr. Idoski responded there would be approximately nine lots instead of the proposed twelve lots. Mayor Tate invited guests present to comment regarding the application. The following spoke in opposition of the zoning application: Ms. Dana Simonds, 3326 Van Zandt Court Mr. Brian Hugghins, 3325 Van Zandt Court Mr. David Montgomery, 3337 Van Zandt Court Mr. Philip Odette, 2331 Lonesome Dove Road, Southlake Mr. Scott Everett, 3330 Van Zandt Court Ms. Pat Vaughan, 2321 Lonesome Dove Mr. Neil Crowder, 3333 Van Zandt Court They expressed opposition to the "R-7.5" zoning due to additional traffic on a two-lane road, current drainage issues in the area, off-street parking, large two-story homes on small lots, decreased property values and that they preferred the property remain "R-20". 3 06/20/06 City Secretary Huff reported the Council and Commission had been copied the ten letters of protest for the application and stated that 26.27% of those in opposition lived within 200 feet of the subject property, therefore requiring a 3/4 vote for approval of the application. Commissioner St. John, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Murray Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 4. PUBLIC HEARING CONDITIONAL USE APPLICATION 0006-17 GRAPEVINE WALL JOINT VENTURE Mayor Tate declared the public hearing open. Planner Stombaugh advised Conditional Use Application CU06-17 had been filed by Grapevine Wall Joint Venture requesting a conditional use permit to amend the approved site plan of Ordinance No. 2000-15 for seven office/retail buildings. The subject property is located at 1929 West Northwest Highway and is zoned "CC" Community Commercial District Regulations. The applicant proposes to develop seven buildings totaling 27,266 square feet north of the Tom Thumb grocery store and proposes to save many of the existing trees on the site. Mr. Jim Makens requested favorable consideration of the application. Comments were made relative to the amount of lease space currently available in Grapevine. Mayor Tate invited guests present to comment regarding the application. No one wished to speak. City Secretary Huff reported the Council and Commission had been copied the one letter of support and the one letter of protest for the application. Commissioner Wilson, seconded by Commissioner St. John, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Murray M .1•:11. Council Member Stewart, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer INVITATIOLU Mayor Tate declared the public hearing open. Planner Stombaugh reported that the applicant for Conditional Use Application 0006-18 Invitation Park requested to table conditional use application to the July 18, 2006 meeting. The application requests to amend the previously approved site plan of Ordinance No. 2003-57 for two office buildings on property at 1115 South Main Street and is zoned "PO" Professional Office District Regulations. Commissioner Undersander, seconded by Commissioner Lowery, offered a motion to table the public hearing to the July 18, 2006 meeting. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander. St. John, Lowery & Roy Nays: None Absent: Fry & Murray Council Member Wilbanks, seconded by Council Member Johnson, offered a motion to table the public hearing to the July 18, 2006 meeting. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 6. PUBLIC HEARING CONDITIONAL USE APPLICATION CU06-19 1St CHOICE STORAGE Mayor Tate declared the public hearing open. Planner Stombaugh reported Conditional Use Application 0006-19 had been filed by 1 st Choice Storage requesting a conditional use permit to establish a planned commercial center with a mini -storage warehouse with caretaker or watchman residential facilities, and the future development of retail, office and restaurant pad sites. The property is located at 2713 Ira E. Woods Avenue is zoned "CC" Community Commercial District Regulations. The first phase of the development will be a 98,146 square foot single story mini -storage 9 warehouse at the southern end of the property. The private drive through the subject site and the adjoining property to the east (Ponderosa Drive) will remain at this time. This drive will be improved from the entrance off of Ira E. Woods Avenue to the entrance to the mini - storage warehouse site; from that point south into the Trailwood Mobile Home Park, the private drive will remain as developed. As a condition of approval for the rezoning in 1993, the applicant agreed to the extension of Tanglewood Drive through the subject site to Ira E. Woods Avenue. The City's traffic engineer has reviewed the proposed connection and recommends against connecting Timberline Drive since the intersection of Ira E. Woods Avenue and Heritage Avenue is signalized, it is highly unlikely that TXDOT will permit a full access curb cut for the proposed Tanglewood Avenue connection on Ira E. Woods Avenue given that the intersections will be too close together and will cause major operational and safety problems. Mr. Brad Boswell requested favorable consideration of the application. Questions from the Planning & Zoning Commission related to the size of the caretaker's facility and the aesthetics of the screening wall. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and City Secretary Huff reported there was one letter from Dallas/Fort Worth Airport relative to the application. Commissioner Coy, seconded by Commissioner Undersander, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Wilson, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Murray Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 7. PUBLIC HEARING AMEND GRAPEVINE CODE OF ORDINANCES APPENDIX D. COMPREHENSIVE ZONING ORDINANCE NO 82-73 AS AMENDED, SECTION 12 DEFINITIONS SECTION 31 "LI" LIGHT INDUSTRIAL DISTRICT AND SECTION 49 SPECIAL USE PERMITS Mayor Tate declared the public hearing open. D 06/20/06 Acting Director of Development Services Scott Williams reviewed the proposed amendments to the Grapevine Code of Ordinances, Appendix D, Comprehensive Zoning Ordinance No. 82-73, as amended, Section 12 Definitions relative to flag lots; Section 31 "LI" Light Industrial District relative to planned industrial centers; and Section 49 Special Use permits relative to flag lots. The proposed amendments to Section 12 and Section 49 are to allow time for review of potential impact of flag lots and the amendment to Section 31 will facilitate development and reuse of industrial properties. 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 St. John, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Murray Council Member Freed, seconded by Mayor Pro Tem Ware, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ACRES, REPLAT OF LOT 75 AND A, SHORECREST ACRES AND A PORTION O REDBUD Mayor Tate declared the public hearing open. Senior Civil Engineer Scott Dyer reported Mr. Jim Jones had filed the application for the final plat of Lots 75R and 76, Shorecrest Acres being a replat of Lot 75 and A, Shorecrest Acres and a portion of Redbud Lane. The 1.74 acre property is located at 1610 and 1704 Silverside Drive and is zoned "R-7.5" Single Family District Regulations. There were no questions from the City Council or the Planning & Zoning Commission. Mayor Tate invited guests present to comment regarding the application. No one wished to speak and there was no correspondence to report. Commissioner Undersander, seconded by Commissioner Lowery, offered a motion to close the public hearing. The motion prevailed by the following vote: N 06/20/06 Ayes: Oliver, Coy, Murray, Wilson, Undersander, St. John, Lowery & Roy Nays: None Absent: Fry & Murray 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, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer RECESS AND RECONVENE Mayor Tate announced the Planning & Zoning Commission would recess to the Planning & Zoning Conference Room to consider published business. Mayor Tate announced the City Council would take a brief recess. Upon reconvening in the Council Chambers all of the members of the Council were present with the exception of Council Member Spencer. Public Works Director Matt Singleton made a PowerPoint presentation relative to the current drought conditions and impending mandatory water conservation measures. He stated that Grapevine was in a moderate to severe drought condition and needed 9-12" of rain to overcome the drought conditions. He stated that the City of Grapevine water comes from Lake Grapevine and the Trinity River Authority. He noted there are no expected amounts of rain until November and that above normal temperatures are expected this summer. Mr. Singleton stated that at this time the City of Grapevine is asking for voluntary water restrictions and asking that residents water only between the hours of 6 p.m. and 10 a.m. alzomaLlim, fell •. WEST APPLICATION Mayor Tate declared the public hearing open. Director of Public Works Matt Singleton stated the Bank of the West has filed an application with the City of Grapevine for the City's approval of a Municipal Setting Designation (MSD) for Lot 1, Block 1, Elliott's Hardware Addition, a 4.568 acre site located at 108 West Northwest Highway. The City Council adopted Ordinance No. 2005-79 on October 11, 2005 establishing processes, procedures and restrictions associated with a Municipal Setting Designation authorized under Chapter 361, Subchapter W of the Texas Health and Safety Code. Mr. Singleton stated a public meeting was held on May 31, 2006 at City Hall. The public hearing is the second phase of the public involvement requirement. E; Mr. Singleton noted that upon passage of a supporting resolution by the City Council, the applicant intends to file a separate application with the Executive Director of the Texas Commission on Environmental Quality (TCEQ) for certification of a MSD for the site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W. Mayor Tate invited guests present to speak relative to the proposed Municipal Setting Designation. There were none. City Secretary Huff reported there was no correspondence to report. Council Member Stewart, seconded by Council Member Freed, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson Absent: Spencer ITEM 11. ORDINANCE AMEND CHAPTER 25 UTILITIES AND SERVICES ESTABLISHING A MUNICIPAL SETTING DESIGNATION Public Works Director Singleton recommended approval of an ordinance amending the Grapevine Code of Ordinances, Chapter 25 Utilities and Services relative to Municipal Setting Designation establishing specific restrictions on the use of ground water at listed sites. The ordinance applies to the Bank of the West for their site, Lot 1, Block 1, Elliott's Hardware Addition and upon adoption of the ordinance restricts the use of ground water on the subject site for the MSD process to continue. He stated that establishing Section 25-211 in the Grapevine Code of Ordinances restricts those sites listed under this subsection as required by Ordinance No. 2005-79 and by State Law. Motion by Council Member Stewart, seconded by Council Member Freed, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson Absent: Spencer ORDINANCE NO. 2006-38 AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY OF GRAPEVINE CODE OF ORDINANCES, AS AMENDED, BY THE ADDITION OF SECTION 25-211, "MUNICIPAL SETTING DESIGNATION"; ESTABLISHING LOT 1, BLOCK 1, ELLIOTT'S HARDWARE ADDITION OF THE CITY OF GRAPEVINE TARRANT COUNTY, TEXAS AS A MUNICIPAL SETTING DESIGNATION SITE; PROVIDING FOR THE 9 06/20/06 PROHIBITION OF THE USE OF GROUNDWATER FOR POTABLE AND IRRIGATION PURPOSES FOR THE SITE; PROVIDING ORDINANCE IS CUMULATIVE; PROVIDING • SEVERABILITY CLAUSE;PROVIDING OF • $2,000.00 FOR EACH OFFENSE IN VIOLATION OF R A PROVIDING PROVIDING PUBLICATION NEWSPAPER OF PROVIDING AN EFFECTIVE DATE DESIGNATIONSETTING A.• • Public Works Director Singleton recommended approval of a resolution supporting Bank of the West's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation on Lot 1, Block 1, Elliott's Hardware Addition. He stated that the resolution of support to the TCEQ is the last step in 'the City's processing of the application. Motion by Council Member Freed, seconded by Council Member Wilbanks, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Stewart & Freed Nays: None Abstain: Johnson Absent: Spencer RESOLUTION NO. 2006-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS EXPRESSING SUPPORT OF THE APPLICATION OF BANK OF THE WEST TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ESTABLISHING LOT 1, BLOCK 1, ELLIOTT'S HARDWARE ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS AS A MUNICIPAL SETTING DESIGNATION SITE; AND PROVIDING AN EFFECTIVE DATE ITEM 13. RESOLUTION DIRECTING NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION Administrative Services Director Bill Gaither recommended approval of a resolution directing publication of a Notice of Intent to issue Certificates of Obligation for the purchase of authorized vehicles, equipment and street improvements as approved in FY2006. He stated that the sale date for the Certificates of Obligation is scheduled for July 18th. If approved by the Council, the required notices will be published June 22, 2006. 01 06/20/06 Motion by Council Member Johnson, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer RESOLUTION NO. 2006-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2006 AND PROVIDING AN EFFECTIVE DATE ITEM 14. RESOLUTION DENY ATMOS ENERGY CORPORATION SYSTEM -WIDE RATE INCREASE REQUEST Assistant City Manager Jennifer Hibbs recommended approval of a resolution denying a system -wide rate increase request filed by Atmos Energy Corporation. In November, the City Council passed a show cause resolution that required Atmos Energy to justify its current rates. Based on the filing by Atmos, a large number of cities acted to reduce Atmos rates in their respective communities. Because of an agreement with Atmos, and in the interest of time, the other cities that had previously adopted the show cause resolution were also recognized as having passed the rate reduction resolution. In response, Atmos filed a statement of intent to increase rates from the rates reduced by the cities to the current rates charged by Atmos. In effect, the Atmos filing would keep the current rates, rather than the reduced rates the cities ordered. By doing this, Atmos is insuring that, once the Railroad Commission acts on appeal, it will have uniform rates systemwide. Motion by Council Member Wilbanks, seconded by Council Member Freed, to approve the resolution as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer RESOLUTION NO. 2006-41 A RESOLUTION OF THE CITY OF GRAPEVINE DENYING ATMOS ENERGY CORP., MID-TEX DIVISION'S STATEMENT OF INTENT TO INCREASE THE GAS UTILITY RATES IN THIS MUNICIPALITY; SUPPORTING THE REDUCTION OF EXISTING NATURAL GAS DISTRIBUTION RATES CURRENTLY CHARGED BY ATMOS MID-TEX WITHIN THE CITY; ORDERING ATMOS MID-TEX TO 11 REIMBURSE THE CITY FOR ITS REASONABLE COSTS INCURRED IN RATEMAKING PROCEEDINGS OR APPEALS OF SAID PROCEEDINGS; AUTHORIZING THE ATMOS CITIES STEERING COMMITTEE TO ACT ON BEHALF OF CITY AND INTERVENE IN ANY PROCEEDINGS BEFORE ADMINISTRATIVE OR JUDICIAL BODIES; REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW AND PROVIDING AN EFFECTIVE DATE ITEM 15. ORDINANCE, DENY ATMOS ENERGY CORPORATION 2005 GAS RELIABILITY INFRASTRUCTURE SURCHARGE Assistant City Manager Jennifer Hibbs recommended approval of an ordinance denying a 2005 Gas Reliability Infrastructure surcharge request made by Atmos Energy Corporation. Atmos Mid -Tex filed its third surcharge request under the Gas Reliability Infrastructure Program ("GRIP") statute, seeking to add additional surcharges on top of the 2003 and 2004 GRIP surcharges already approved by the Railroad Commission. The 2005 surcharges are $0.51 on all residential customers, $1.75 for commercial customers and $78.47 for industrial customers. If this third surcharge were to be approved, the total amount of surcharges resulting from the GRIP statute would be $1.09/month for residential customers, $3.68/month for commercial customers and $151.96/month for industrial customers. In May, the City Council acted to suspend the rate increase until a consultant for the Atmos Cities Steering Committee had an opportunity to review the filing. The consultant has examined the request and finds it unreasonable for several reasons. The ordinance denies the 2005 surcharge request on the grounds that it does not comply with the law and is not reasonable, and also because it is duplicative of the Company's Statement of Intent filing for the same period of time. Motion by Council Member Wilbanks, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ORDINANCE NO. 2006-39 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; ib 06/20/06 APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO 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 16. RESOLUTION AUTHORIZE SIGNATORIES FOR CONVENTION AND VISITORS BUREAU SISTER CITIES AND WINE POURING SOCIETY ACCOUNTS Administrative Services Director Bill Gaither recommended approval of a resolution amending Resolution No. 99-18 authorizing signatories for the Convention and Visitors Bureau Sister Cities and the Convention and Visitors Bureau Wine Pouring Society Accounts. There are two special purpose bank accounts that were previously set up at a bank that is not a City depository. These accounts were set up for the purpose of maintaining the Sister City and Grapevine Wine Pouring Society funds separate from the Convention & Visitors Bureau. The auditors have recommended that the accounts not be at a separate bank but at the City's current depository. The balance of these funds, which is currently at Bank of America, will be transferred as of the date the new accounts are open. Funds in the accounts will be used only for the above described purposes. Expenditures from the accounts will be authorized only by the following individuals: Paul W. McCallum, CVB Director and Eloise Koehn, Director of Finance and Administration (CVB). The signatories will be responsible for all financial and IRS reporting, bank reconciliation, etc. related to these two accounts. Appropriate CVB staff shall be responsible for all financial reporting for the annual City audit, which will be in compliance with generally, accepted accounting principles and standards. Motion by Council Member Freed, seconded by Council Member Stewart, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer 13 06/20/06 RESOLUTION NO. 2006-42 A NSA V • A 0- -A I 9• =111� I i 0 NA 19 15010 WI -11 01101 F -Al 99011041 •Lei I V :•<'o -Al Big Each year at this time, the City Council reviews and considers citizen appointments to the various boards/commissions. Notifications of vacancies on the boards/commissions were published in the Fort Worth Star Telegram, Dallas Morning News, and The Grapevine Sun. Applications and attendance records for 2005-2006 were compiled and distributed to the City Council and Staff. Applicant interviews were conducted by City Council panels during May and June. Council Member Stewart, seconded by Mayor Pro Tern Ware, offered a motion for the following appointments: Joe Lipscomb Russell Kidd Howard Hallman The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Board of Zoning Adjustments Council Member Stewart, seconded by Council Member Freed, offered a motion for the following appointments: Carl Hecht Dennis Leurs Kip Bruner Debra Holt &I i•1 1• The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Convention & Visitors Bureau Advisory Board Council Member Freed, seconded by Council Member Johnson, offered a motion for the following appointments: Don Bigbie Bill Brink Phil Cloud Paul Slechta, Alternate The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Mayor Tate reappointed Don Bigbie as Chairman. Council Member Johnson, seconded by Council Member Stewart, offered a motion for the following appointments: Bill Powers, Place 1 Leon Baze, Place 2 Doug DeWaters, Place 5 Danny Langley, Place 6 Bob Reeves, Place 9 The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Grapevine Heritage Foundation Council Member Johnson, seconded by Council Member Wilbanks, offered a motion for the following appointments: 15 Melva Stanfield Dr. Curtis Ratliff Balla Wright Janet Willhoite Dickey Rick Lawliss Angela Weddle Tommy Hardy The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Mayor Tate reappointed Melva Stanfield as Chairman. Historic Preservation Commission Mayor Pro Tem Ware, seconded by Council Member Johnson, offered a motion for the following appointments: Burl Gilliam Annette Campbell Kathrine Brink Margaret Telford The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Health Officer Council Member Wilbanks, seconded by Council Member Freed, offered a motion for the following appointment: Dr. Andrew Kilgus The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Grapevine Housing Authority Advisory Board Council Member Stewart, seconded by Council Member Johnson, offered a motion for the following appointments: Cathy Martin Billie Jean Martin The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer • . '• • 0=0 Council Member Stewart, seconded by Council Member Freed, offered a motion for the following appointments and that the Board be reduced to seven members: Bruce Rider Susan Peabody Fred Sheffler The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Parks & Recreation Advisory Board Council Member Wilbanks, seconded by Council Member Johnson, offered a motion for the following appointments: Gary DeGeorge, Place 6 Leon Leal, Place 8 Susan Pittman, Place 9 The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer im 06/20/06 Planning & Zoning Commission Council Member Stewart, seconded by Council Member Wilbanks, offered a motion for the following appointments: Herbert E. Fry Danette Murray Betty "BY Wilson Mark Lowery, Alternate Andrea Roy, Alternate The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Senior Citizens Advisory Board Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion for the following appointments: Dick Guckel j Bruce Walters Paul Ernst The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Mayor Tate appointed Dick Guckel as Chairman. Metroport Teen Court Advisory Board Council Member Freed, seconded by Council Member Johnson, offered a motion for the following appointments: Debbie Armstrong Marjorie Lewis The motion prevailed by the following vote: in 06/20/06 Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Mayor Tate reappointed the City Council liaisons to boards and commissions as follows: Ted R. Ware Senior Citizens Advisory Board (2002) Historic Preservation Commission (1995) Facilities Committee (1995) Utility Committee (1989) Tax Increment Finance District Boards — One and Two Impact Fee Committee (Ex -Officio) (1988) Northwest Highway Communication Committee Aquarium Development Corporation of Grapevine (2004) Sharron Spencer Building Board of Appeals (2001) Housing Authority Advisory Board (1998) Library Board (1998) Facilities Committee (1985) 1 st Alternate Planning & Zoning Commission (2001) 1St Alternate Board of Zoning Adjustment (2003) Aquarium Development Corporation of Grapevine (2004) Shane Wilbanks Parks & Recreation Advisory Board (2002) Open Space Review Committee (1998) U. S. Army Corps of Engineer Liaison (1995) Tax Increment Finance District Boards — One and Two Utility Committee (1998) 1StAlternate Golf Course Advisory Board (2002) Aquarium Development Corporation of Grapevine (2004) Roy Stewart Board of Zoning Adjustment (2003) Planning & Zoning Commission (2001) Audit Committee (1998) Facilities Committee (1996) Impact Fee Committee (Ex -Officio) (1996) Citizens Drainage Review Committee (1990) Tax Increment Finance District Boards — One and Two 1 st Alternate Building Board of Appeals (2001) Aquarium Development Corporation of Grapevine (2004) Clydene Johnson Golf Course Advisory Board (2002) Heritage Foundation Advisory Board (1998) Northwest Highway Communication Committee (1998) Tax Increment Finance District Boards — One and Two 1St Alternate Senior Citizens Advisory Board (2002) 19 06/20/06 1 St Alternate Parks & Recreation Advisory Board (2002) Aquarium Development Corporation of Grapevine (2004) Darlene Freed Convention & Visitors Bureau Board (1998) Teen Court Advisory Board (1998) Audit Committee (1998) Grapevine/Colleyville Independent School Board Liaison (1998) DFW Airport Board Liaison (2001) Aquarium Development Corporation of Grapevine (2004) City Secretary recommended approval of the minutes of the June 6, 2006 City Council meetings as published. Motion by Mayor Pro Tern Ware, seconded by Council Member Johnson, to approve as recommended prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer 0 A I relreTeIM71JIM ZONING APPLICATI ON Z06-08 MR. DZEVAT TAIRI Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Zoning Application Z06-08 filed by Mr. Dzevat Tairi for property located at 1565 South Gravel Circle granting rezoning of approximately 0.241 acres from "R-20" Single Family District Regulations to "R-7.5" Single Family District Regulations for the development of a single family residence. Council Member Freed, seconded by Mayor Pro Tern Ware, 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, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Lei a W.111 ON 1•1011110111114110 •01114,16,111 WffAN I 9 20 06/20/06 NO. 981, 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 "R-20" SINGLE FAMILY DISTRICT REGULATIONS TO "R-7.5" SINGLE FAMILY 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 ZONING APPLICATION Z0. 0• c : G PROPERTIES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for denial of Zoning Application Z06-09 filed by B & G Properties for property located at 2399 Lonesome Dove Road requesting rezoning of 4.124 acres from "R-20" Single Family District Regulations to "R-7.5" Single Family District Regulations with the condition to waive the filing fee if the applicant reapplies for "R-12.5" zoning. Council Member Johnson, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation for denial of the application without prejudice to allow the applicant to refile the application for "R-12.5" zoning. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATION CU06-17 GRAPEVINE WALL JOINT VFNTURF Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-17 filed by Grapevine Wall Joint Venture granting a conditional use permit to amend the approved site plan of Ordinance No. 2000-15 for seven office/retail buildings with the condition that the Northwest Highway Drive be 21 06/20/06 restricted to right in and right out only. The subject property is located at 1929 West Northwest Highway and is zoned "CC" Community Commercial District Regulations. Mayor Pro Tem Ware, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit with the stipulation of the right in and right out only on Northwest Highway. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Stewart & Freed Nays: Tate Absent: Spencer ORDINANCE NO. 2006-41 ITEM 22. PLANNING & ZONING COMMISSION RECOMMENDATION CONDITIONAL USE APPLICATIOIN CU06-19 15T CHOICE STORAGE Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of Conditional Use Application CU06-19 filed by 1st Choice Storage granting a conditional use permit to establish a planned commercial center with a mini -storage warehouse with caretaker or watchman residential facilities, and the future development of retail, office and restaurant pad sites with the stipulation that the Site Plan Review Committee review and W 06/20/06 approve an articulated wall on the west side of the property. The property is located at 2713 Ira E. Woods Avenue is zoned "CC" Community Commercial District Regulations. Mayor Pro Tem Ware, seconded by Council Member Wilbanks, offered a motion to accept the Commission's recommendation and approve the ordinance granting the conditional use permit with the stipulation recommended by the Commission. The motion prevailed by the following vote: Ayes: Ware, Wilbanks, Johnson, Spencer & Freed Nays: Tate Absent: Spencer ORDINANCE NO. 2006-42 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 CU06-19 FOR A PLANNED COMMERCIAL CENTER WITH A MINI -STORAGE WAREHOUSE WITH A CARETAKER RESIDENCE 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 23. PLANNING & ZONING COMMISSION RECOMMENDATION AMEND GRAPEVINE CODE OF ORDINANCES APPENDIX D COMPREHENSIVE ZONING ORDINANCE NO. 82-73 AS AMENDED SECTION 12 DEFINITIONS SECTION 31 "LI" LIGHT INDUSTRIAL DISTRICT AND SECTION 49 SPECIAL USE PERMITS 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 23 Ordinance No. 82-73, as amended, Section 12 Definitions relative to flag lots; Section 31 "LI" Light Industrial District relative to planned industrial centers; and Section 49 Special Use Permits relative to flag lots. Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to accept the Commission's recommendation and approve the ordinance amending the Code of Ordinances. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ORDINANCE NO. 2006-43 ••� • • ••• • � �• �- , 111 11 � � � -�-� • �" • • •'� ` • A A. • • • • • •• • 111 11 A .a A •A•A - ITEM 24. PLANNING & ZONING COMMISSION • • FINAL PLAT LOTS•- - 0 06/20/06 Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lots 75R and 76, Shorecrest Acres filed by Mr. Jim Jones. The 1.74 acre property is located at 1610 and 1704 Silverside Drive and is zoned "R-7.5" Single Family District Regulations. Council Member Freed, 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 Lots 75R and 76, Shorecrest Acres. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the preliminary plat of Hillsleigh Addition. The 15.726 acre property is located at the southwest corner of State Highway 26 and Ponderosa Drive and is being platted for a storage facility on Lot 2. Council Member Johnson, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the preliminary plat of Hillsleigh Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer ITEM 26. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 2 BLOCK 1 HILLSLEIGH ADDITION Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 2, Block 1, Hillsleigh Addition. The 5.844 acre property is located at the southwest corner of State Highway 26 and Ponderosa Drive and is being platted for a storage facility. Council Member Freed, 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 Hillsleigh Addition. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer 25 ITEM 27. PLANNING & ZONING COMMISSION RECOMMENDATION FINAL PLAT LOT 19, SHAMROCK SHORES ESTATES Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of the Statement of Findings and the final plat of Lot 19, Shamrock Shores Estates. The 0.22 acre property is located at 1327 Shannon Street and is zoned "R-7.5" Single Family District Regulations and is being platted for a residential home. Council Member Johnson, seconded by Council Member Freed, offered a motion to accept the Commission's recommendation and approve the Statement of Findings and the final plat of Lot 19, Shamrock Shores Estates. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer Council Member Wilbanks, seconded by Council Member Stewart, offered a motion to adjourn the meeting at 10:06 p.m. The motion prevailed by the following vote: Ayes: Tate, Ware, Wilbanks, Johnson, Stewart & Freed Nays: None Absent: Spencer PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of July, 2006. r_'% 11 g Linda Huff City Secretary K9 William D. Tate Mayor